Kiva Dos Homeowners Association

Key facts from Kiva Dos Homeowners Association's documents

Reflects the 1981 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Condominium (Horizontal Property Regime under A.R.S. 33-551 through 33-561) (Recitals B, original (DOC 191866) and am)

Units / lots

46 units (Units 1-13 Phase I, 14-34 Phase II, 35-46 Phase III) (Article 2.1 (original and amendment))

Developer / declarant

KIVA DOS HOMEOWNERS ASSOCIATION (original); EDWARD M. MASON, INC. (amendment) (Original title; Amendment title)

Governing law

Arizona Revised Statutes Sections 33-551 through 33-561 (Recital B)

Assessments & dues

Maximum $800 per unit until January 1 after first Unit sale; thereafter determined by Board with CPI and 10% cap without 51% vote of non-Declarant members (Article 4.3 (original))

Special assessments

Allowed for capital improvements or unanticipated expenses, subject to ratification by 51% of non-Declarant voting power. Also special assessments for disciplinary reasons (without vote). (Article 4.4 (original))

Collections & liens

Recorded notice of assessment creates lien; priority over all except taxes and first mortgages; enforceable by sale under A.R.S. 33-721 – 33-727 (Article 4.8 (original))

Reserves & fees

Annual assessments shall include an adequate reserve fund for maintenance, repairs, and replacement of Common Area (Article 4.2 (original))

Pets

No animals or birds of any kind shall be raised, bred or kept in any Unit or on any portion of the Property. (Article 7.5)

Leasing & rentals

Yes, but not for transient/hotel purposes (rental less than 5 days). Only entire Units may be rented. Leases subject to Declaration and By-Laws. (Article 7.8 (original and amendment))

Parking & vehicles

No commercial vehicles, trucks (other than standard size pickup truck or van), inoperable automobiles, trailers, campers, mobile homes, boats, or similar equipment allowed except temporarily or in designated areas. No noisy or smoky vehicle (Article 7.3)

Architectural approval

No building, fence, wall, obstruction, alteration, etc., shall be commenced without written approval of Architectural Control Committee. Also no foil or darkening screens on windows without approval. No landscaping visible from street/commo (Article 8.1 and 8.2 (original and amendm)

Home business

No trade or business shall be conducted in any Unit (except Declarant may use model/sales office until last Unit sold; Association may use Unit for manager/rental office) (Article 7.1 (original and amendment))

Signs & flags

No signs displayed to public view without Board approval. (Article 7.4 (original and amendment))

Maintenance

Roofs are included in Common Area definition (Article 1.6), thus Association responsible for roof maintenance and repair. (Article 1.6 (original and amendment))

Use restrictions

Each Unit shall be used for single family residential purposes only (Article 7.1 (original and amendment))

Voting & meetings

Class A: one vote per Unit (if multiple owners, one vote per Unit); Class B: Declarant gets three votes per Unit owned until 75% Units sold or 5 years (Article 3.4 (original) – also referenced)

Amendments

Declaration may be amended as provided in By-Laws; any amendment must be recorded in Maricopa County Recorder's Office (Article 9.3). Certain changes require prior written approval of at least 75% of institutional lenders (Article 9.5.3). (Articles 9.3 and 9.5.3 (original and ame)

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