Fiesta Mall
A commercial owners' association (office, retail, industrial, or business-park units) — not a residential community.
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What Fiesta Mall's governing documents say
This is a commercial covenants, conditions, and restrictions agreement for a specific parcel (Parcel G) within Fiesta Mall, a shopping center in Mesa, AZ. It binds the owner/developer of that parcel (not residents) and governs the development, use, and maintenance of a restaurant site. The document is ancillary—it applies only to this one parcel within a larger mall.
- Use restriction: The parcel must be used as a sit-down restaurant for at least 15 years from the agreement date; any other use requires the Developer's prior written consent.
- Parking: At least one automobile parking space per three restaurant seats must be available at all times after construction is complete.
- Architectural review: All exterior improvements (including buildings, signs, landscaping, and utilities) require Developer approval; no pylon signs are permitted, temporary signs are restricted, and all utilities must be installed underground.
- Maintenance obligations: The owner must maintain the parcel and all improvements in a clean, sightly, and safe condition; if the owner fails to do so, Developer may enter the property after 30 days' notice, perform the work, and the cost becomes a lien on the parcel.
- Ring road cost share: The owner must pay an annual pro-rata share (initially $500, adjusted by CPI) for repair and maintenance of the Fiesta Ring Road; unpaid amounts become a lien.
- Vacant buildings: If any building on the parcel remains vacant and unoccupied for three consecutive months, the owner must either properly maintain and police it or raze and landscape the site, within 30 days of Developer's demand.
- Right of first refusal & approval: Developer has a right of first refusal on any sale of the parcel before improvements are completed and business begins (up to 5 years). Additionally, for two years after closing, Developer may approve or disapprove any proposed buyer based on capacity to perform and impact on the mall.
- What this document doesn't cover: This document does not address residential occupancy, HOA fees, common-area maintenance charges (beyond the ring road), tenant rules, or any restrictions on subleasing. It is a commercial property development covenant, not a homeowner or condominium association declaration.
Key facts from Fiesta Mall's documents
- Community type
- commercial (shopping center outparcel) (Recitals – Fiesta Mall shopping center)
- Developer / declarant
- Homart Development Co., a Delaware corporation (Parties (Page 1))
- Architectural approval
- Yes, Developer approval required for construction, replacement, or modification affecting exterior appearance. (Section 1(a))
- Amendments
- Agreement may be terminated, extended, modified, or amended by parties, but not effective against mortgagee without its written consent. (Section 13)
About this HOA
Fiesta Mall is a homeowners association in Phoenix, AZ.
HOAproxy has 1 document on file for Fiesta Mall: 1 recorded document. Last updated 2026-07-24.