Mc Clain Condominium
A commercial owners' association (office, retail, industrial, or business-park units) — not a residential community.
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What Mc Clain Condominium's governing documents say
Mc Clain Condominium is a commercial condominium in Scottsdale, Arizona, with five office/warehouse units established in 1998. Unit owners own their individual units and share ownership of the building, grounds, and parking through the association; costs are split proportionally and funded by monthly assessments.
- What you own & maintain: You own your office/warehouse unit and hold an undivided interest in common elements (building structure, grounds, parking, HVAC systems). You maintain your unit's interior and any equipment serving only your unit; the association maintains the building, shared systems, and grounds.
- Common expenses & assessments: Monthly assessments are due proportional to your unit's percentage of common elements. Late payments accrue 12% annual interest plus a late charge up to 25%. Special assessments for capital improvements require the approval of owners holding at least 60% of votes.
- Insurance requirements: The association maintains master casualty insurance covering 100% replacement cost of the buildings and units, and public liability insurance with a minimum of $1,000,000 per occurrence. You must obtain separate insurance for personal property and business liability.
- Parking spaces: Each unit is assigned exclusive use of designated parking spaces (limited common elements). The board establishes parking rules and can manage guest or overflow parking.
- Board & membership: Unit ownership automatically makes you a member of the association with one vote per unit. Directors must be unit owners or spouses and must be current on assessments; the board's rulings on disputes are final and binding.
- Mortgages & liens: You can mortgage your unit individually. Unpaid assessments create a lien on your unit (subordinate to first mortgages), with 12% annual interest and late charges up to 25% of the unpaid amount.
- Substantial damage or termination: If damage, condemnation, or obsolescence exceeds 50% of restoration cost, owners holding 80% of votes can vote to terminate the condominium and sell the property, with proceeds distributed to each owner based on their unit's cubic square footage.
- Alterations & architectural review: Any structural alterations or exterior changes (patios, balconies, parking areas) require written board approval. Non-structural interior changes do not require approval, but you are liable for any damage caused to other units or common elements.
Key facts from Mc Clain Condominium's documents
- Community type
- Condominium (Section 1.4)
- Developer / declarant
- Performance, L.L.C., an Arizona limited liability company (Section 1.6)
- Governing law
- Title 33, Chapter 9 of the Arizona Revised Statutes (Sections 1.1, 2)
- Assessments & dues
- Not set in declaration; initial maximum monthly common expense assessment on Exhibit C (not provided) (Exhibit C referenced in Section 3.4)
- Special assessments
- Yes, for capital improvements requires 60% vote; for restoration as needed (Sections 7.3, 10.4)
- Collections & liens
- Yes, lien for unpaid assessments, subordinate to recorded first mortgage; foreclosure permitted (Sections 7.2, 22)
- Reserves & fees
- Association must maintain an adequate reserve for replacement of the Common Elements (Section 7)
- Leasing & rentals
- Yes, subject to pre-approval by Board; all leases must be subject to Declaration, Articles, Bylaws; lessee and lease must be preapproved (Para. 16.2)
- Parking & vehicles
- Parking Spaces are Limited Common Elements; each unit assigned an exclusive parking space (by number in initial deed); Board manages guest/extra parking; undivided interest in and exclusive right to use certain Limited Common Element parkin (Para. 6, 3.3)
- Fences
- Any fence must be submitted for architectural approval (para. 17); no specific height or material restrictions (Para. 17)
- Architectural approval
- Yes, for any building, fence, wall, antenna, tower, awning, sign or other structure; exterior addition, change or alteration; must submit plans and specifications to Board or architectural committee (Para. 17)
- Signs & flags
- Only a dignified name and/or address sign on a unit; no "For Sale" or "For Rent" signs; no signs on Common Elements without Board consent (Para. 16.8)
- Maintenance
- Roof is part of Common Elements (para. 1.5: "roofs and bearing walls of the building"); Association maintains Common Elements (para. 12) so Association responsible for roof. (Para. 1.5, 12)
- Use restrictions
- False; commercial use only (Para. 16: "No part of the Condominium sh)
- Voting & meetings
- One vote per unit owned; if multiple owners, vote exercised as they determine; no split vote per unit (Section 4.1)
About this HOA
Mc Clain Condominium is a homeowners association in Phoenix, AZ.
HOAproxy has 1 document on file for Mc Clain Condominium: 1 CC&R. Last updated 2026-07-16.