Encata Owners Association

Key facts from Encata Owners Association's documents

Reflects the 1995 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners Association (Single-Family Residential Subdivision) (Structure of Project (9 lots, Common Are)

Developer / declarant

ENCATA, INC., a Wisconsin corporation (Preamble)

Governing law

Arizona Revised Statutes (A.R.S. § 33-741 et seq., § 33-801 et seq.) (Section 1.22 (definition of Owner))

Assessments & dues

Total Association budget divided by number of lots (Section 6.3)

Special assessments

Association may levy Special Assessment for construction, reconstruction, repair, or replacement of improvements on Common Area. (Section 6.4)

Collections & liens

Assessment Lien created; Recording of Declaration constitutes record notice. Lien has priority except taxes, governmental assessments, and first mortgage. Association may foreclose like a realty mortgage. (Section 6.8.2, 6.8.3, 6.8.5)

Reserves & fees

Each Purchaser pays transfer fee set by Board; not payable if Working Capital Fee due. (Section 6.13)

Pets

Up to two dogs or cats, plus parakeets or similar household birds as domestic pets. (Section 3.15)

Leasing & rentals

Leasing of Residential Unit is not considered a trade or business. (Section 3.14)

Parking & vehicles

No parking on Lot, Common Area, or street without ARC approval except: temporary construction trailers, vehicles in garages (good condition, no repair except emergency), motor vehicles ≤7ft height, ≤18ft length, not commercial, no commercia (Section 3.19)

Fences

Block fence ("Fence") to be constructed on boundary lines between adjoining Lots; must be approved by ARC; height, material, design, etc. subject to approval. Owner constructing fence reimbursed by adjoining Owner (half of reasonable cost). (Section 7.5, 7.5.1, 7.5.2, 7.5.4)

Architectural approval

Prior written approval required for: any improvement, excavation/grading, addition, alteration/reconstruction that changes exterior appearance (including exterior color scheme, fences, etc.) (Section 3.1.1 – 3.1.4)

Solar & roof

No evaporative coolers, air conditioning units, solar collectors, or other appurtenant equipment may be mounted on roof so as to be Visible From Neighboring Property without ARC approval (Section 3.26)

Home business

Business activity allowed within a Residential Unit if: not apparent from outside, conforms to zoning, no door‑to‑door solicitation, and consistent with residential character as determined by the Board (Section 3.14)

Signs & flags

No signs visible from neighboring property except: required by legal proceedings, identification signs approved by ARC, and one (1) For Sale sign approved by ARC (Section 3.17, 3.17.1, 3.17.2, 3.17.3)

Setbacks / home size

Each Residential Unit must have a minimum of 3,700 square feet of livable space under roof (Section 3.29)

Maintenance

Association maintains Areas of Association Responsibility (Common Area, certain Lots, rights‑of‑way not accepted by government) per Section 7.1. Each Owner maintains his Lot, improvements, and landscaping per Section 7.2. (Section 7.1, 7.2)

Insurance

Association must maintain: (1) comprehensive general liability insurance with medical payments; (2) property insurance on Areas of Association Responsibility for 100% replacement cost; (3) other appropriate insurance as determined by Board (Section 8.1.1, 8.1.2, 8.1.3)

Use restrictions

All Residential Units shall be used, improved and devoted exclusively to residential use by a Single Family (Section 3.14)

Voting & meetings

Class A (owners): 1 vote per lot; Class B (Declarant): 3 votes per lot. Class B terminates when Class A votes equal or exceed Class B, or Declarant relinquishes in writing. (Section 5.7.1, 5.7.2)

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