Spinnaker Cove at Desert Harbor

Key facts from Spinnaker Cove at Desert Harbor's documents

Reflects the 1987 governing documents — figures and rules are as originally recorded and may have changed since.

Legal name

Spinnaker Cove At Desert Harbor Owners Association (Definition 1.6)

Developer / declarant

Towne Development of Peoria, Inc., an Arizona corporation, and RGW Investment Co., Inc., an Arizona corporation (individually and collectively, the 'Declarant') (Preamble)

Governing law

Arizona Revised Statutes, Section 33-801 et seq. (referenced in definition of Owner for deed of trust trustors) (Section 1.22 (page 10))

Assessments & dues

Maximum $600 per Lot initially (until first January after first lot sale). Thereafter Board may increase by greater of 5% or CPI, plus utility/insurance increases; guard house additions possible (Section 4.3(B))

Special assessments

May be levied for capital improvements or other lawful purposes, with assent of Members having at least two-thirds of votes cast in person or by proxy at a meeting (Section 4.4)

Collections & liens

Assessment Lien perfected by recording Notice of Claim of Lien; may be foreclosed like realty mortgage; Association may bid at sale (Section 4.7(A)(B)(D))

Reserves & fees

Association shall establish and maintain an adequate reserve fund from annual assessments for periodic maintenance, repair, replacement of Common Area improvements (Section 4.10)

Pets

Yes, a reasonable number of generally recognized house or yard pets, but not for commercial purposes; no animals, birds, fowl, poultry, or livestock otherwise (Section 5.2)

Leasing & rentals

Yes, but entire Lot must be leased; minimum lease term 30 days; lease must be in writing and subject to Project Documents (Section 5.32)

Parking & vehicles

Not allowed to be parked, maintained, constructed or repaired so as to be Visible from Neighboring Property or any street, except pickup trucks <3/4 ton and mini-motor homes ≤7 ft height and ≤18 ft length used for basic transportation, and (Section 5.6)

Fences

No fence within 5 feet of Lake; part of fence within 15 feet of Lake may not exceed 6 feet in height; must conform to Architectural Rules and be approved by ARC (Section 5.31)

Architectural approval

Yes – for any addition, alteration, repair, change or other work that alters exterior appearance, including exterior color scheme, fences, antennas, solar panels, HVAC, window coverings, etc. (Section 5.19(B), 5.3, 5.25, 5.24, 5.31)

Solar & roof

Require prior written approval of Architectural Committee (Section 5.25)

Home business

Prohibited (Section 5.1)

Signs & flags

Only one residential identification sign ≤72 sq in; one 'for sale' or 'for rent' sign ≤5 sq ft; signs required by legal proceedings (Section 5.16)

Setbacks / home size

1800 livable square feet (Section 5.28)

Insurance

Association shall maintain property insurance on Common Area for maximum insurable replacement value, covering all risk of direct physical loss (Section 8.1(A))

Use restrictions

All Lots shall be used, improved and devoted exclusively for use as a residence by a Single Family; no gainful occupation, profession, trade or other nonresidential use (Section 5.1)

Voting & meetings

Two classes: Class A (all Owners except Declarant) – one vote per Lot; Class B (Declarant) – three votes per Lot owned. Class B ends when 75% lots sold, or 5 years after first sale, or Declarant relinquishes (Section 3.7)

Amendments

Not detailed in provided text, but Article 10.4 is referenced in Table of Contents; text not included (Table of Contents, page 5 (Article 10.4 )

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