Lake Biltmore Estates

Key facts from Lake Biltmore Estates's documents

Reflects the 2006 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowner's Association (single-family residential subdivision with common area) (Preamble and Article I Section 1 (Associ)

Legal name

Lake Biltmore Estates Homeowner’s Association

Units / lots

132 residential lots (44 from Lake Biltmore Estates plat, 88 from Goldwater Lakes plat) plus 20 common area tracts (Exhibit A and Article I, Section 3)

Governing law

Arizona non-profit corporation law (Article I, Section 1)

Assessments & dues

Set annually by Board of Directors based on budget; includes actual costs, reserves, and other sums determined by Board (Article V, Section 4(a)-(d))

Special assessments

Requires affirmative vote of two-thirds (2/3) of Owners at a duly called meeting with quorum (Article V, Section 5)

Collections & liens

Unpaid assessment or fine becomes a continuing lien on the Lot; subordinate to first mortgage or deed of trust; Association has power of sale and may foreclose like a mortgage; Owner waives homestead exemption (Article V, Section 7)

Reserves & fees

Board shall determine sum for establishment and maintenance of a reserve for repair, maintenance, taxes, insurance, etc. (Article V, Section 4(c))

Pets

Reasonable number (determined by Board) of commonly accepted household pets allowed; not for commercial purposes; must not annoy others; nuisance pets shall be removed (Article X, Section 3)

Leasing & rentals

Yes, but only entire Lot with improvements; rental agreement minimum of one year; no more than 20 Lots rented at any one time; waiting list established by Board if necessary (Article X, Section 16)

Parking & vehicles

No trucks, buses, trailers, boats, campers, or similar vehicles permitted on any Lot unless screened or hidden from view of neighboring property and streets; passenger automobiles and pickup trucks allowed (Article X, Section 8)

Fences

No fence or free standing wall visible from neighbor's Lot or streets without express written prior approval of Design Review Team (Article X, Section 15(e))

Architectural approval

No exterior improvement, addition, change, removal, or alteration may be made without prior written approval of Design Review Team (Article VI, Section 2)

Home business

Not explicitly prohibited but may be limited by 'no noxious or offensive activity' and residential use restrictions (Article X, Section 2)

Signs & flags

Signs other than name/address sign limited to 9"x30"; one for sale/rent sign up to 5 sq ft, max 4 ft high; two security service signs not exceeding 15" in any dimension, within 8 feet of house surface (Article X, Section 7)

Setbacks / home size

2-bedroom: 1200 sq ft; 3-bedroom: 1400 sq ft; 4-bedroom: 1550 sq ft (excludes garage, carport, open porches) (Article X, Section 15(c))

Maintenance

Owner responsible for maintenance, upkeep, repair of Lot and improvements; Association responsible for maintenance, management, and repair of Common Area (including streets, landscaping, street lighting, rubbish removal) (Article V, Section 1; Article VII)

Insurance

Board shall obtain insurance against fire and other hazards sufficient to cover full replacement cost of all buildings and improvements on Common Area; also broad form public liability policy with face amount not less than $1,000,000 (Article IX)

Use restrictions

Each lot shall be used and improved only in accordance with zoning; only one detached single-family dwelling per lot (Article X, Section 1 and Section 15(a))

Voting & meetings

One class of voting membership; each lot entitled to one membership and one vote; joint owners designate one voter; entity owners designate individual; vote suspended for arrearages or defaults exceeding 15 days (Article III, Sections 1-4)

Amendments

After initial 30-year period (May 1, 1974 – May 1, 2004), may be amended at any time by instrument signed by Owners representing not less than 2/3 of votes of all Owners; prior to expiration of initial period, revocation by 2/3 within 90 da (Article XII, Section 6)

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