Marble Creek
Homeowners association — you own your lot and home; the association maintains common areas and enforces covenants.
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What Marble Creek's governing documents say
Marble Creek is a planned residential community in Phoenix, Arizona. You own your individual lot and home; the homeowners association maintains all common areas and facilities and carries the master insurance, funded by per-lot assessments that become liens if unpaid.
- What you own & maintain: You own your lot and any structures or improvements on it. The association owns and maintains all common areas (roads, landscaping, recreational facilities, utilities infrastructure) and carries comprehensive insurance on those shared elements.
- Assessments & fees: Per-lot assessments begin when the first home sells. Initial assessments are capped at $1,080/year; thereafter, annual increases are limited to the greater of 10% or the Consumer Price Index, unless 2/3 of members vote for a higher increase. Special assessments require 2/3 member approval.
- Assessment liens & enforcement: Unpaid assessments become a lien on your property at 18% annual interest (or lower rate set by the board), and the association can foreclose. The lien is junior to first mortgages but senior to other liens.
- Developer control & voting: The developer initially controls the board and holds special Class B voting shares (3 votes per lot owned). Regular owners hold Class A shares (1 vote per lot). Developer control automatically converts to Class A membership after five years or once Class A votes exceed Class B votes, whichever comes first.
- Common area use & exclusive areas: All lot owners have the right to use common areas for access and enjoyment. The board may also designate small portions of common areas adjacent to a lot for that owner's exclusive use and control.
- Utilities & easements: The association holds blanket easements for utilities (water, sewer, gas, electricity, cable, communications) across common areas; utilities and the association may install, maintain, and access facilities on common areas as needed.
- Common insurance: The association carries multi-peril property insurance (100% replacement value minimum), commercial liability insurance ($1 million per occurrence minimum), fidelity insurance, and flood insurance if required. You must insure your own home, contents, and personal liability not covered by association insurance.
Key facts from Marble Creek's documents
- Community type
- Planned residential community with common facilities (Recital B)
- Legal name
- Marble Creek Owners Association (Section 1.3)
- Developer / declarant
- Capital Pacific Holdings, L.L.C., a Delaware limited liability company (Opening paragraph)
- Governing law
- Arizona Revised Statutes (reference to Section 33-801 et seq. for trustee) (Section 1.22 (definition of Owner))
- Assessments & dues
- Maximum $1,080 per year prior to January 1 following first conveyance of a completed residence. (Section 7.7)
- Special assessments
- Board may levy special assessment with consent of two-thirds of each class of Members to cover deficiencies or restoration costs. (Sections 7.8, 11.5)
- Collections & liens
- Unpaid assessments constitute a lien on the Lot, subordinate to First Mortgage except for assessments accruing after First Mortgagee takes possession. Lien may be foreclosed judicially. (Sections 7.3, 7.5)
- Reserves & fees
- Board may establish reserves for contingencies and replacements from Common Expenses or special assessments. (Section 7.1)
- Pets
- A reasonable number of small, commonly accepted household pets may be kept in each Lot without prior approval; additional pets prohibited unless approved by Board. (Section 17.6)
- Leasing & rentals
- Yes, Owner may rent or grant occupancy rights to an entire Lot, with lessee entitled to same privileges and subject to same restrictions. (Section 16)
- Fences
- Not detailed; addressed in architectural standards (Section 14.1). (Section 14.1)
- Architectural approval
- No construction, additions, modifications, or exterior changes without prior approval of Architectural Committee, except improvements by Developer or Designated Builder. (Section 14.2)
- Solar & roof
- Covered by architectural standards (Section 14.1). (Section 14.1.3)
- Home business
- Not explicitly addressed except general residential use restriction. (Section 17.1)
- Signs & flags
- No sign displayed to public view without Board approval except Developer/Builder signs and one 'For Sale' or 'For Rent' sign per Lot with total face area ≤5 sq. ft., location may be regulated. (Section 17.5)
- Maintenance
- Not explicitly; part of Owner's Lot maintenance (exterior). (Section 13.1 (maintenance of Lot))
- Insurance
- Association must maintain multi-peril property insurance on Common Areas (fire, extended coverage, etc.) in amount not less than 100% insurable value; commercial general liability ($1M per occurrence); boiler insurance if applicable; flood (Section 10.2)
- Use restrictions
- No part of the Property shall be used for other than residential and related purposes, except Developer may maintain sales offices, models, etc., and Board may approve reasonable non-residential uses. (Section 17.1)
- Voting & meetings
- Two classes: Class A (Owners, one vote per Lot) and Class B (Developer, three votes per Lot owned). Class B converts to Class A upon 120 days after total Class A votes equal or exceed Class B votes, or five years after first Lot conveyance. (Section 4.3)
- Amendments
- Not explicitly stated in provided text; but references to amendments appear in definition of Declaration (Section 1.8) and Constituent Documents (Section 1.7). (Sections 1.7, 1.8)
Collections & enforcement records
Public records show 38 enforcement filings by this association between 1995 and 2024.
*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
Marble Creek is a homeowners association in Phoenix, AZ.
HOAproxy has 3 documents on file for Marble Creek: 2 amendments and 1 CC&R. Last updated 2026-07-18.