Mulberry Gardens

Key facts from Mulberry Gardens's documents

Reflects the 2019 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Condominium (Article 2.1, Section 1.2(A))

Developer / declarant

Mulberry Gardens Association, Inc. (the Association) (Preamble, WHEREAS clauses)

Governing law

Arizona Condominium Act, A.R.S. §33-1201 et seq. (Article 1.2(A))

Assessments & dues

One-bedroom units: $150.00 per month; two-bedroom units: $160.00 per month. Plus special assessments as described. (Section 7.3)

Special assessments

Special assessments allowed: for capital improvements with 2/3 vote; for owner failure to maintain after notice; for enforcement costs. All special assessments (except owner-failure and enforcement) require 2/3 vote. (Sections 7.3(a), (b); 7.4)

Collections & liens

Each assessment constitutes a lien on the Unit. Association may foreclose like a mortgage; may also sue personally. Lien subordinate to first mortgage. Association has power of sale. Owner must pay attorneys' fees and costs in foreclosure. (Sections 7.7(d), (e), (h))

Reserves & fees

Association must maintain a reserve fund for periodic maintenance, repairs, replacements of Common Elements. Funded from regular assessments. Special assessments also allowed. (Section 7.2(b))

Pets

Commonly accepted household pets including domestic dogs, cats, birds, or fish in limited numbers, provided they do not become a nuisance. No animals, reptiles, fish, or birds otherwise raised, bred, or kept. (Section 3.6)

Leasing & rentals

Yes, but not for less than 30 days (no transient/hotel purposes). No leasing of less than entire Unit. Lease must be in writing and subject to Condominium Documents. Lender in possession after default is exempt from the 30-day requirement. (Section 3.20)

Parking & vehicles

Each Owner has exclusive right to use at least one parking space, assigned by Board. Board may reasonably reassign carports and storage areas. Use subject to Board rules. (Section 2.8)

Fences

No fence of any kind constructed on Units or Common Elements without Board written authorization. (Section 3.7)

Architectural approval

Prior Board approval required for: structural changes, changes to Common Elements, fences, storage, machinery, signs (unless legal), antennas/dish (unless prohibited by law), plantings/fences/screens, decoration of patios/decks, exterior al (Sections 3.7, 3.8, 3.10, 3.11, 3.15, 3.1)

Signs & flags

Only (1) commercially produced For Sale/For Lease/Open House signs in industry standard size displayed in Unit or Limited Common Element; (2) signs approved by Board in advance; (3) signs required by legal proceedings or permitted by law. (Section 3.11)

Maintenance

Association (part of exterior maintenance). (Section 5.1(A)(1)a (outside walls, etc.))

Insurance

Casualty: 100% replacement cost for Buildings, improvements, Common Elements, personal property. Perils: fire, extended coverage, all risk, vandalism, malicious mischief. Public liability: $1,000,000 per occurrence. Worker's compensation, f (Sections 8.3(a), (b), (c), (d))

Use restrictions

Condominium Property shall be used and devoted exclusively to residential use. No trade or business may be conducted, with limited exceptions for personal professional library, records, business calls/correspondence. (Section 3.2)

Voting & meetings

One vote per Unit; if multiple owners, they determine how vote is cast, but only one vote per Unit. (Section 6.4)

Amendments

Not detailed in this document; but Section 7.8(r) requires prior written consent of all First Mortgagees for amendments affecting their rights. Also, certain amendments require 100% vote of owners (e.g., termination, change in pro rata inte (Sections 7.8(d), (r))

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