Barney Park Estates

What Barney Park Estates's governing documents say

This is a groundwater replenishment covenant (not a full HOA or condo declaration) that applies to undeveloped parcels within Barney 20 in Phoenix, AZ. It requires future property owners to pay certain fees to the Central Arizona Water Conservation District (CAWCD) to qualify the land for a certificate of assured water supply. The document binds only the current and future owners of the described parcels; it does not set any residential or community rules.

• Replenishment Assessment: Each parcel is subject to an annual Replenishment Assessment levied by CAWCD based on the parcel's groundwater usage. The amount is determined by CAWCD and must be paid when due; late payments incur interest, costs, and penalties, and create a lien on the parcel.
• Replenishment Reserve Fee: A one-time Replenishment Reserve Fee applies to Category 1 member land, equal to twice the Replenishment Reserve Charge multiplied by projected annual excess groundwater demand. It must be paid before the state real estate commissioner issues a public report authorizing sale or lease of subdivided lots.
• Activation Fee: An Activation Fee is due for each subdivision qualifying as member land, set by CAWCD per housing unit. It must be paid before a public report is issued, and nonpayment allows CAWCD to pursue interest, costs, and penalties.
• Lien and Personal Obligation: All fees (Replenishment Assessment, Activation Fee, Replenishment Reserve Fee) constitute a continuing lien on the parcel and are also a personal obligation of the owner at the time the fee came due. CAWCD has legal remedies for nonpayment under Arizona law.
• Amendment: The declaration may be amended only with written agreement of CAWCD, the Arizona Department of Water Resources, and owners of 67% of the total area of the property, or by changes in relevant statutes.
• Binding Effect: All current and future owners of any portion of the property are bound by the covenants. The covenants run with the land and apply to successors and assigns.
• What this document doesn't cover: This document does not establish any rules about pets, leasing, architectural review, parking, age restrictions, or other typical homeowner or condominium regulations. It only addresses groundwater replenishment fees and lien rights.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.