40th Street Residences
Homeowners association — you own your lot and home; the association maintains common areas and enforces covenants.
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What 40th Street Residences's governing documents say
40th Street Residences is a single-family home HOA in Phoenix, AZ. This declaration imposes covenants, conditions, and restrictions that run with the land, binding all owners, residents, and tenants. It establishes the association's powers, architectural controls, assessment obligations, and use restrictions to protect property values.
- Architectural review: All exterior construction or modifications require prior written approval from a Design Review Committee, which can deny based on aesthetic considerations. Interior changes are exempt. The committee may charge a review fee and must decide within 45 days of a complete application.
- Assessments & fees: Owners pay regular assessments (same for each lot) set annually by the board. Special assessments require 75% member vote after the declarant control period. Late payments incur 10% annual interest and a possible late fee. The association has a lien for unpaid assessments, subordinate only to property taxes and first mortgages.
- Maintenance responsibilities: The association maintains common areas (including private streets). Owners maintain their lots and all improvements on them, keeping them in good condition. If an owner's negligence causes damage to common areas, they must pay the repair cost.
- Use restrictions (residential, business, nuisances): Lots are for residential use only. Home-based businesses are allowed if not visible, audible, or odorous from outside, and if they don't increase traffic. No nuisances, odors, loud noises, or outside clotheslines visible from neighboring property are permitted.
- Parking & vehicles: Only permitted motor vehicles (cars, SUVs, pickups, etc.) may be parked on lots or private streets. Vehicles must be parked in garages first, then driveways. Commercial vehicles, RVs, and trailers are generally prohibited from being visible. Storage of vehicles under covers is not allowed except in garages.
- Easements & access: The association and design review committee have a right to enter lots (excluding residence interiors) for inspection, maintenance, and enforcement. Utility easements run over common areas. The declarant retains development easements during the declarant control period.
- Association authority: The association is a nonprofit corporation with powers to manage common areas, enforce rules, adopt budgets, and levy assessments. During the declarant control period, the declarant appoints the board and design review committee members.
Key facts from 40th Street Residences's documents
- Community type
- Residential Planned Community; governed by nonprofit association (Introduction, Article 5.1)
- Developer / declarant
- DB Camelback Investments, L.L.C., an Arizona limited liability company (First paragraph of Declaration)
- Governing law
- Arizona Revised Statutes (References to A.R.S. §33-1806, §33-741, )
- Assessments & dues
- Board prepares budget each Assessment Period; Regular Assessment is same amount for all Assessable Lots; calculated by dividing total budget by total number of Lots (including Annexable Property) (Section 6.2(a)-(b))
- Special assessments
- Levied for construction, reconstruction, repair, replacement of Common Area improvements or unbudgeted expenses; after Declarant Control, requires approval of 75% of votes cast (Section 6.3)
- Collections & liens
- Association has lien on each Lot for Assessments, late charges, collection fees, attorney fees; can foreclose as mortgage; lien priority subordinate to pre-existing liens, tax liens, and first mortgage (Section 6.8(b)-(c))
- Reserves & fees
- Board shall establish reserves for future periodic maintenance, repair, replacement of major components; reserve study at least every 3 years (Section 6.12)
- Architectural approval
- No Construction or Modification (except by Declarant) without prior written approval of Design Review Committee (Section 3.2(a))
- Use restrictions
- All Lots shall be used, improved, and devoted exclusively to residential use (Section 8.1)
- Voting & meetings
- Members (Owners) have votes; Eligible Votes defined as total votes except suspended (Definitions of Member and Eligible Votes)
About this HOA
40th Street Residences is a homeowners association in Phoenix, AZ.
HOAproxy has 1 document on file for 40th Street Residences: 1 CC&R. Last updated 2026-06-15.