Collier Center

Key facts from Collier Center's documents

Reflects the 2002 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Planned development with an Association to be formed when specified conditions occur (Section 3.3). There is also provision for Condominium Units (Section 1.19) and Residential Development (1.55) which may be condominiums. (Section 3.3: 'the Owners shall form an A)

Developer / declarant

OPUS COLLIER, L.L.C., an Arizona limited liability company (Preamble, Declarant signature block)

Governing law

Arizona Revised Statutes (Section 1.41: "Arizona Revised Statutes )

Assessments & dues

Set in Declarant's sole discretion, but must be based on budget, commercially reasonable, and with objective to cover actual costs and reasonable reserves. No fixed maximum. (Section 5.3: 'amount of the Annual Asses)

Special assessments

Allowed for reconstruction/repair/replacement of Common Area improvements exceeding Annual Assessment budget, construction not in Site Plan if required by government or for common benefit, or other extraordinary costs. Any Special Assessmen (Section 5.4: 'Declarant may levy against)

Collections & liens

The Assessments, with interest, late charges, attorneys fees, and costs, are a lien on the Parcel (Assessment Lien). Delinquent after due date. Declarant may bring legal action or foreclose the lien as a realty mortgage. Notice required: 30 (Sections 5.1, 5.8, 6.4, 6.5, 6.6)

Reserves & fees

Annual Assessment may provide reasonable reserves (Section 5.3: "providing reasonable reser)

Leasing & rentals

Yes. Owner may lease Rentable Business Space to Tenants. DDA Leaseholds also exist for long-term development rights. (Definitions: Tenant (1.64), Rentable Bus)

Parking & vehicles

Extensive parking provisions: Underground Parking Facility (Section 9.2), surface Parking Areas, Designated Spaces, Reserved Spaces, Unreserved Spaces, Visitor Spaces, Primary and Secondary Hotel Parking Spaces. Controlled by Parking Operat (Article 10 (Operation of Parking Areas);)

Architectural approval

Yes. Section 12.1: Approval of Plans is required. Declarant must approve plans and specifications for construction, reconstruction, alteration, etc. No specific timeline stated. (Section 12.1: 'No Improvement shall be c)

Signs & flags

Declarant may place Signs on Common Areas; defined in Section 1.59 (Section 7.1(b), Section 1.59)

Setbacks / home size

Height limitations per Site Plan; Section 12.6 restricts buildings to Building Area (Sections 12.6, 1.60)

Maintenance

Owner responsible for interior and exterior of all Vertical Improvements and Appurtenant Amenities on its Parcel (Section 7.2). Declarant (or later Association) responsible for Common Areas (Section 7.1). Common Elements maintained by Decla (Sections 7.1, 7.2; Recital (E); Section )

Use restrictions

Conditions that present a public or private nuisance or substantially detract from appearance or quality of surrounding Parcels are considered Maintenance Violations (Section 7.4). (Section 7.4(a): 'any portion of any Parc)

Voting & meetings

Not fully detailed, but for Special Assessment over $100,000, approval required by Owners owning a majority of the Gross Building Area (Section 5.4). Other majority votes implied for amendment (Article 13) but specifics not given. (Section 5.4: 'Special Assessment which e)

Amendments

Amendments require consent of Declarant; additionally may require consent of Bank of America (Section 13.3) and Hotel Owner (Section 13.4) (Section 13.2, 13.3, 13.4)

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