Avian Trails

Key facts from Avian Trails's documents

Reflects the 2006 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Planned community (HOA) (General scheme; Article 2.1)

Legal name

Avian Trails

Developer / declarant

Lindsay and Chandler Heights, LLC, an Arizona limited liability company (Preamble)

Governing law

A.R.S. §33-741 et seq. (references to statute for contracts for sale); A.R.S. §33-801 et seq. (deeds of trust) (Sections 1.21, 1.22, 1.29)

Assessments & dues

Board estimates Common Expenses, divides by total number of Lots contemplated for Project; Regular Assessment levied per Lot (Sections 4.2.1, 4.3)

Special assessments

May be levied for unanticipated or excess expenses; after Transition Date requires approval of >2/3 of Class A Members present and Declarant's approval (if Declarant owns any Lot). Uniform rate per Membership. (Section 4.5)

Collections & liens

Assessment Lien created; recorded Notice of Lien after 10-day demand; lien priority: first mortgages and tax/government liens. Association may foreclose like a realty mortgage. (Sections 4.1, 4.10.2-4.10.5)

Reserves & fees

Required; initial reserve study, updates at least every 5 years. Reserves deposited in separate account; signatures of two board members or one member and an officer for withdrawals. (Section 4.15)

Pets

Section 7.12: "Animals" – not provided in excerpt, but listed in Table of Contents (Table of Contents, Article 7.12)

Leasing & rentals

Yes; section 7.22: "Leasing of Residential Units" (Table of Contents and Section 5.1.2 (if )

Parking & vehicles

Article 7.15: "Vehicles and Parking" – detailed rules not in excerpt (Table of Contents)

Fences

Subject to DRC approval; Section 6.3 includes fences (Section 6.3)

Architectural approval

Yes; Design Review Committee (DRC) approval required for any building, fence, wall, structure, or addition/changes to exterior, including painting (same color excepted), landscaping, grading, drainage. (Section 6.3)

Home business

Not explicitly restricted

Signs & flags

Declarant has right to place advertising signs; otherwise signs likely subject to architectural control. Section 7.14 mentions "Signs". (Sections 5.4, 7.14 (signs section not fu)

Maintenance

Association responsible for Areas of Association Responsibility (Common Area, certain Lot areas if obligated, etc.). Owner responsible for Lot and improvements (interior and exterior) per Article 8. (Article 8 (limited excerpt), Section 1.2)

Insurance

Article 9: Insurance – requires coverage for Common Area and possibly other property, but details not in excerpt. (Article 9 (limited))

Use restrictions

Lots are for Single Family residential use (Residential Unit defined) (Definition 1.39)

Voting & meetings

Two classes: Class A (each Owner one vote per Lot), Class B (Declarant three votes per Lot); Class B expires when Declarant owns no property. No Member other than Declarant votes until Transition Date. (Section 3.4)

Amendments

Not explicitly outlined; only method of termination (Section 11.2) mentioned. (Section 11.2)

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