Fifth Street Commons

What Fifth Street Commons's governing documents say

Fifth Street Commons is a commercial or industrial planned development in Tempe, AZ — this is the master declaration that sets the rules for owners, lessees, and occupants of the parcels (buildings). The document explicitly prohibits residential use (no housing or living purposes), so this is not a residential community.

• What this document covers: This is the Declaration of Covenants, Conditions and Restrictions (CC&Rs) recorded in 2006 by the developer. It establishes the association, architectural control, use restrictions, assessment obligations, and maintenance responsibilities for all parcels in Fifth Street Commons.
• Use restrictions (residential prohibited): No portion of the property may be used for housing or living purposes. The permitted uses are limited to those not prohibited by the declaration, which bans specific businesses (e.g., adult stores, discotheques, pawn shops) and any use that generates nuisances.
• Architectural review: Any construction, modification, or change to the exterior appearance of a building (including paint, landscaping, fences, window coverings) requires prior written approval from the Design Review Committee. The committee can deny based on aesthetics alone. A review fee may be charged. Variances are possible but not guaranteed.
• Parking & vehicles: Vehicles must be parked only in designated parking spaces (some are assigned: Parcel 2 gets spaces 64–70; Parcel 1 gets 71–78). No parking for more than 5 consecutive days. No recreational vehicles, boats, trailers, or inoperable vehicles may be parked or stored on the property unless in a fenced storage yard not visible from neighbors or common areas. Towing for violations is at owner's expense.
• Leasing & rentals: Leases must be in writing and must state that they are subject to the declaration and rules. The owner must provide the association with lease start/end dates, lessee names, and emergency contact at least 10 days before the lease begins. The owner is liable for any violations by tenants or their guests.
• Pets: No animals, reptiles, fish (except aquariums inside a building), or birds may be raised, bred, or kept in any building or on common areas unless approved in writing by the Board of Directors.
• Assessments & fees: The association levies regular assessments (same amount for each assessable parcel) and special assessments. Owners must pay; nonpayment results in a lien and potential loss of voting rights. Declarant-owned parcels are exempt from assessments.
• Signs & window coverings: No exterior signs (including 'For Sale' signs) are allowed without Board approval. Window coverings visible from outside must be approved; reflective materials and certain tints are prohibited.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.