Foothills Vista Commons

What Foothills Vista Commons's governing documents say

Foothills Vista Commons is a commercial/retail center in Phoenix governed by a reciprocal covenant agreement between lot owners. The binding rules require each lot owner to maintain their property's common areas and share costs through a non-profit association. This document does NOT govern individual commercial tenants' leases or internal operations—it governs lot owners' collective obligations to maintain, develop, and police the shared project.

• Community structure & governance: The center consists of six designated lots (1, 2, 3A, 3B, 6, 6A), each owned by a separate LLC or partnership. A non-profit association (Foothills Vista Commons Association) enforces the covenants and maintains shared areas (Accessways), governed by a 3-member board.
• What each lot owner must maintain: Each lot owner is responsible for the common area on their lot: resurfacing/repairing parking and walkways, keeping surfaces clean and orderly, maintaining curbs/fences/retaining walls, managing landscaping, and keeping buildings free of graffiti and disrepair. All trash and garbage must be screened by opaque masonry walls.
• Construction & development approval: Before exterior construction or remodeling (except minor repairs under $5,000), owners must submit scaled site plans, elevations, color palettes, and landscaping/drainage plans for approval. The association has 30 days to respond; no response = automatic approval. Construction requires 15 days' prior written notice.
• Use restrictions — Lots 3A & 3B: Until Lot 3D stops operating as a gym/fitness facility, no fitness-related operations (health clubs, personal training, aerobics, boxing, etc.) are allowed on Lots 3A or 3B, except existing tenants with leases as of December 30, 2003. Lots 3A and 3B also cannot operate as sit-down, table-service restaurants with varied menus serving alcohol (e.g., Applebee's, Bennigan's, Ruby Tuesday's); ethnic/specialty restaurants (e.g., steakhouses, seafood, IHOP) are allowed.
• Parking: While Lot 6 operates as a restaurant, 40 parking spaces on the east portion of Lot 3B are reserved and cannot be used by Lot 3D users; the association will enforce with 'No Parking' signs.
• Assessments & costs: Annual assessments are charged per lot based on Gross Floor Area to maintain common areas. Special assessments for capital improvements require a 2/3 member vote. Delinquent assessments accrue 18% interest per annum (or 5% over Prime Rate, whichever is greater) and can be collected by lien or foreclosure. Lot 3A receives a credit of 55.56% of its common-area electric charges and 12% of irrigation costs.
• What this document doesn't cover: This is a lot-owner covenant, not a tenant document. It does not govern individual commercial tenant leases, subletting restrictions, individual tenant use rights, or operational rules for businesses within buildings—only lot owners' obligations to maintain and develop the shared project.

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.