Fincher Creek
Homeowners association — you own your lot and home; the association maintains common areas and enforces covenants.
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What Fincher Creek's governing documents say
Fincher Creek is a planned residential neighborhood of single-family detached homes in Gilbert, AZ, governed by a homeowners association (HOA). The CC&Rs apply to all lot owners and residents, establishing rules for use, maintenance, and appearance to protect property values and quality of life.
- Residential use & occupancy: All lots must be used exclusively for residential purposes, occupied only by a 'Single Family' (persons related by blood/marriage/adoption, or a group of up to three unrelated persons plus domestic servants). No commercial or business use is allowed, but leasing to a Single Family is permitted.
- Architectural review & exterior changes: Any exterior improvement, alteration, painting, or landscaping visible from neighboring property requires prior written approval from the Architectural Committee. This includes fences, roofing, solar panels, antennae, signs, and window covers. The committee may grant variances in extenuating circumstances.
- Assessments & fees: The HOA levies annual assessments, initially capped at $1,200 per lot, which can increase annually by the greater of CPI or 10% without member vote. Supplemental and special assessments may also be levied. Unpaid assessments become a lien on the lot and may incur interest at the default rate (prime + 3%) and late charges.
- Parking & vehicles: On-street parking is restricted; vehicles must be kept in garages or designated parking areas (not driveways). Parking or storage of mobile homes, motor homes, trailers, boats, trucks over 3/4 ton, and vehicles with commercial advertising is prohibited unless not visible from neighboring property or for short periods (max 48 hours in 7 days).
- Pets & animals: Only a reasonable number of generally recognized household pets are allowed, kept in accordance with association rules. Pets must be leashed or in a fenced yard when outside, and owners must remove droppings. No commercial breeding, noisy or nuisance animals, or structures for animal housing visible from neighboring property are permitted.
- Leasing & rentals: Owners may lease a dwelling unit to a Single Family, subject to all governing documents. The owner must notify the association of the lease term and tenant name. No timeshare or short-term fractional ownership is allowed.
- Common area & private streets: All streets and gates within the project are private and owned by the association. Maintenance and repair costs are common expenses funded by assessments. The association also maintains landscaping in exterior yards (excluding enclosed rear yards) of all lots.
Key facts from Fincher Creek's documents
- Community type
- planned residential neighborhood of single family detached residences (Recitals B)
- Units / lots
- 136 (Maricopa assessor parcel census: 136 res)
- Developer / declarant
- Scott Homes II, L.L.C., an Arizona limited liability company (First paragraph after title)
- Governing law
- Arizona Revised Statutes, including but not limited to A.R.S. §33-1803 (Sections 3.5, 5.10, 5.3(B)(iv))
- Assessments & dues
- Maximum $1,200.00 per Lot until December 31 of the year first Lot conveyed (Section 5.3(B)(i))
- Special assessments
- Requires assent of 2/3 of votes cast at meeting, except for special assessments charged to a specific Owner for enforcement or compliance (no vote required). (Section 5.5)
- Collections & liens
- Association has lien on each Lot for unpaid assessments, interest, fees, etc.; can foreclose in manner of mortgage or trust deed (Sections 5.1, 5.10)
- Reserves & fees
- Working Capital Reserve Fund: Board may establish but not required to maintain; for periodic maintenance, repair, replacement of Common Area improvements (Section 5.15)
- Pets
- Reasonable number of generally recognized household pets permitted, subject to Association Rules. No animals for commercial purposes. (Section 6.26)
- Leasing & rentals
- Owner may lease Dwelling Unit to a Single Family, subject to all governing documents. (Section 6.3)
- Parking & vehicles
- Vehicles shall be kept in garages and designated parking areas (not including driveways); on-street parking restricted as much as possible (Section 6.43)
- Fences
- Perimeter fences/Boundary Fences must be constructed of same materials as original; accent panels require approval; cost of Boundary Fences shared equally between adjacent Lot Owners (Sections 6.8, 6.9)
- Architectural approval
- Prior written approval of Architectural Committee required for any improvements, alterations, changes in exterior appearance, construction, etc. (except Declarant's work) (Section 6.4)
- Solar & roof
- Solar panels require prior written approval of Architectural Committee; Committee may specify size, type, location (Section 6.12)
- Home business
- No commercial use except Declarant's sales and construction; leasing to a Single Family is allowed (Section 6.3)
- Signs & flags
- No sign visible from neighboring property except: Declarant's signs, legal/required signs, traffic control signs, or other signs approved by Architectural Committee (e.g., 'for sale', 'garage sale' signs). (Section 6.22)
- Setbacks / home size
- Minimum livable square footage of Dwelling Unit: 900 square feet (excluding garage, porches, guest house, patios). (Section 6.6)
- Insurance
- Association shall obtain and maintain liability insurance (no further details) (Section 3.2(E))
- Use restrictions
- All Lots shall be used exclusively for residential use. Each Dwelling Unit may be occupied only by a Single Family. (Sections 6.2, 6.3)
- Voting & meetings
- Class A: one vote per Lot (owners other than Declarant); Class B: three votes per Lot (Declarant) until conversion (Section 4.4)
Collections & enforcement records
Public records show 47 enforcement filings by this association between 2005 and 2023.
*Distinct properties liened, not filings — one home may be liened repeatedly over the years, so this counts the homes affected.
Source: Maricopa County Recorder and Maricopa County Superior Court public indexes.
About this HOA
Fincher Creek is a homeowners association in Phoenix, AZ.
HOAproxy has 1 document on file for Fincher Creek: 1 CC&R. Last updated 2026-06-14.
Governing documents
- Declaration of Covenants (2004) (44 pages) — PDF