Ahwatukee Custom Estates - D-2

Key facts from Ahwatukee Custom Estates - D-2's documents

Reflects the 1987 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Planned residential subdivision under Ahwatukee Master Plan (Article I, §3 – definition of AHWATUKEE)

Assessments & dues

Board of Directors fixes annual assessment at an amount not exceeding the maximum. Notice to owners at least 30 days in advance. (Article V, §3(c); Article VII, §3(c) and)

Collections & liens

ABM and ACEMA assessments are a continuing lien on the Lot. May be foreclosed. Also personal obligation of owner at time assessment became due. (Article V, §1 and §8; Article VII, §1 an)

Pets

Dogs, cats, or other household pets are allowed if confined to owner's Lot or on a leash. No commercial breeding. (Article II, §18)

Leasing & rentals

Yes, but lease must be in writing and lessee must agree in writing to comply with Declaration, Bylaws, rules. Failure of tenant to comply is a default under lease. (Article IX, §2)

Parking & vehicles

Vehicles must be parked in the garage or on the designated driveway. No parking on other parts of Lot or on street (except temporary 48 hours for boats/trailers etc.). (Article II, §15)

Fences

No solid wall/fence/hedge over 30 inches nearer front property line than dwelling. Side/rear wall or fence max 6 feet above finished grade. Near preservation easement: no structure over 2.5 feet within 25 ft except wrought iron fence up to (Article II, §10)

Architectural approval

Construction plans and specifications must be approved by the Board of Directors of ACEMA (or Committee) as to materials, workmanship, colors, harmony, location, etc. (Article II, §5 and §7)

Solar & roof

Solar units prohibited if visible from front of lot or side of intersecting street on corner lot. Allowed on rear of house if flat plate collectors flush with roof (protruding ≤6 inches) or boxed in with wall matching roof. (Article II, §22)

Home business

No business of any kind conducted in or from the buildings on any Lot. No stores, offices, etc. (Article II, §9)

Signs & flags

Only allowed: signs required by legal proceedings, residential identification signs (total face area ≤72 sq in each, max 2), and one 'for sale'/'for rent' sign not exceeding 5 sq ft. (Article II, §8)

Setbacks / home size

Front line of structure: not less than 30 ft from front lot line. Side walls: not less than 10 ft from side lot line (15 ft if adjacent to a street). (Article II, §3)

Maintenance

ABM maintains common areas. ACEMA enforces CC&Rs. Owner responsible for own Lot. ABM/ACEMA may enter and maintain abandoned Lot with 30 days' notice, cost becomes lien on Lot. (Article I, §1 (ABM purpose); Article VII)

Use restrictions

Only single family dwelling (max 2 stories), attached/detached garage (1 story), servants/guest quarters (2 stories), and other structures approved by ACEMA. (Article II, §1)

Voting & meetings

One vote per Lot, Class A members (all Owners including Declarant). Only one vote per Lot even if multiple owners. (Article IV, §2 (ABM) and Article VI, §2 )

Amendments

Amendment requires instrument signed by Owners of not less than 2/3 of Lots. Until Developer conveys 75% of Lots, written approval of Presley required. Also FHA/VA approval required as long as Class B membership exists; FNMA/GNMA approval i (Article IX, §12, §13, §14)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.