Biltmore Estates Village Association

Key facts from Biltmore Estates Village Association's documents

Reflects the 1976 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Nonprofit corporation (Arizona Biltmore Estates Village Association) (Original Declaration, Recital D and Arti)

Units / lots

Class A members: 1,057 lots (as of Sept 30, 1981) (Exhibit B of First Amendment (Certificat)

Developer / declarant

Arizona Biltmore Estates, Inc., a Delaware corporation (Original Declaration, first paragraph)

Governing law

Not specifically cited in document

Assessments & dues

Not fixed; determined annually by Board based on budget (Article III Section 3)

Special assessments

Special Assessments may be levied by Board against individual Lots for particular costs incurred by Association (e.g., corrective action, attorneys' fees). (Article III Section 6)

Collections & liens

Unpaid assessments become a lien on the Lot (Assessment Lien). Association may foreclose. Lien is subordinate to prior recorded liens and taxes, but after recording a Notice of Lien Priority, it becomes superior to subsequent liens. (Article IV Sections 1, 2)

Reserves & fees

Board required to maintain a working capital and contingency fund; reserves appropriate for future years. (Article V Section 1(j); Article III Sect)

Pets

Regulated by Article XI Section 7 (Animals). (Article XI Section 7 (Table of Contents))

Leasing & rentals

Not explicitly addressed for residential lots; Apartment Areas may be rented (term 'rental apartments' in Article I Section 1). (Article I Section 1 (Apartment Area defi)

Fences

Fences, walls included in 'Structure' and require approval. (Article VI Section 1)

Architectural approval

Yes, all structures, additions, changes, and landscaping require approval by Architectural Committee and Benefited Property Owner. (Article VI Sections 1, 2)

Signs & flags

Signs regulated by Article XI Section 3. (Article XI Section 3 (not fully reproduc)

Maintenance

Not explicitly stated; likely owner for own dwelling.

Insurance

Association to maintain insurance (Article VIII). Types not detailed in excerpts. (Article VIII (Table of Contents))

Use restrictions

Covered Property shall be used for residential or residential apartment purposes only, with exceptions for Common Area and Access Easement. (Article XI Section 1 (as amended Oct 25,)

Voting & meetings

Three classes: Class A (owners of lots, 1 vote/lot), Class B (Benefited Property Owner, 51% of total votes), Class C (Apartment Area owners, 1 vote per 10 units) (Article II Section 3)

Amendments

Amendments require (a) written assent or vote of Members possessing not less than 51% of voting power; and (b) written approval of Benefited Property Owner. However, as per 1983 Agreement, beneficiary assigned approval right to Association (Article XVII Section 5; Second Amendment)

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