Cactus Casitas

Key facts from Cactus Casitas's documents

Reflects the 1981 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

HOA (Homeowners Association) – each lot is a separate freehold estate with appurtenant membership in CACTUS CASITAS HOMEOWNERS ASSOCIATION (Recitals C and D, Article 1.3, Article 2)

Units / lots

Number of lots not specified in recorded text; defined by recorded Map (Book J 34, Page ? of Official Records) (Article 1.13, 1.14; Article 2.2.1)

Developer / declarant

MARLBORO INVESTMENTS ARIZONA, INC., an Arizona corporation (Preamble (before Article 1))

Governing law

Arizona Revised Statutes Sections 33-721 through 33-727 for enforcement of assessment liens (power of sale in mortgages) (Article 4.9, page 18)

Special assessments

Board may levy special assessment for capital improvements, unanticipated expenses, or taxes on Common Area; requires vote of Declarant (while Class B exists) and 2/3 of Class A members. (Article 4.4)

Collections & liens

Assessments are a lien on the lot, prior to all other liens except taxes and first mortgages. Enforceable by sale under ARS 33-721 to 33-727 (power of sale). Association may bid at sale and acquire the lot. (Article 4.1, 4.9 (page 15, 18))

Reserves & fees

Annual assessments shall include an adequate reserve fund for taxes, insurance, maintenance, repairs and replacement of Common Area. (Article 4.2 (page 15))

Pets

Usual and ordinary household pets (dogs, cats, birds) may be kept if under reasonable control. Board may enact rules and order removal if pet behavior becomes objectionable. (Article 7.5 (page 26))

Leasing & rentals

Owners have absolute right to lease lots, subject to Declaration, Bylaws, and rules. No transient or hotel purposes: rental for less than 30 days prohibited, and rental providing customary hotel services prohibited. (Article 7.8 (page 26))

Architectural approval

All buildings, fences, walls, obstructions, balconies, screens, patio covers, tents, awnings, carports, improvements, alterations, paintings, and landscaping visible from street/Common Area/other lots require prior written approval of Archi (Article 8.1, 8.2 (page 26-28))

Home business

No trade or business shall be conducted on any lot. Exception: Declarant may use lots for model home/sales office until last lot sold. (Article 7.1 (page 24))

Signs & flags

Signs advertising lots for sale or rent allowed on the lot or at locations designated by Board; all other signs require approval of Board or Architectural Control Committee. (Article 7.4 (page 25))

Insurance

Board may require each lot owner to carry personal liability insurance up to $100,000 per occurrence. (Article 10.8.8 (page 38))

Use restrictions

Each lot shall be occupied and used only for single family residential purposes. (Article 7.1 (page 24))

Voting & meetings

Two classes: Class A (each owner of a lot other than Declarant) – 1 vote per lot owned; Class B (Declarant) – 3 votes per lot owned. Class B converts to Class A when Class A votes equal Class B or 5th anniversary of first conveyance to indi (Article 3.4.1, 3.4.2)

Amendments

Requires vote or written assent of 75% of total voting power, plus consent of 75% of First Mortgagees (one vote per mortgage) for changes affecting lots with first mortgages. Declarant may amend unilaterally until first lot sold (subject to (Article 10.3 (page 31-32))

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