The Aeries Homeowners Association

Key facts from The Aeries Homeowners Association's documents

Reflects the 2018 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Condominium (header) but operates as homeowners association with lots and common area; governed by Arizona Planned Community statutes as evidenced by references to A.R.S. 33-1807 etc. (Header on page 1 and Section 1.3, 2.4)

Legal name

The Aeries Homeowners Association (Section 1.3)

Developer / declarant

70th Street Grove Homes L.P., an Arizona limited partnership (Recitals (page 1))

Governing law

Arizona Revised Statutes (references to A.R.S. §§33-801 et seq., 33-1807, 33-1808, 33-1809, 33-1806.01, 12-1361 et seq., 10-3708) (Sections 1.17, 3.8.2.A, 7.9, 7.13.1, 7.8)

Assessments & dues

$300.00 per month (i.e., $3,600 per year) for each Lot upon conveyance (Section 3.3 first paragraph)

Special assessments

Allowed for capital improvements, operating inadequacy, repair/replacement, other matters; requires approval of 2/3rds of Members voting (in person or by absentee ballot) at a meeting with quorum, or by written ballot (Section 3.4)

Collections & liens

Assessments constitute a continuing lien on the Lot; lien attaches upon recordation of Original Declaration; senior to all except tax liens and first mortgage; can be foreclosed by court action or as realty mortgage; Association may bid at (Sections 3.1, 3.8.2, 3.10)

Reserves & fees

Association must maintain separate reserve account for periodic maintenance, repair, replacement of Common Area; funded by portion of Annual Assessments if possible; Board may determine amount in good faith (Section 3.5)

Pets

Yes, domesticated animals in accordance with City of Scottsdale ordinances, subject to restrictions (Section 7.1.2)

Leasing & rentals

Yes, entire Dwelling Unit may be rented; no room or rooms may be rented (Section 7.8 first sentence)

Parking & vehicles

All vehicles must be parked in garage of a Lot; occasional outside parking temporary and limited by City bylaws; rules may further regulate vehicles (Section 7.13.1)

Fences

Fences considered Architectural Improvements; subject to Architectural Committee approval; no specifics on height or materials; walls adjacent to lot lines may be party walls (Section 6.3, Article 5)

Architectural approval

Yes, prior written approval of Architectural Committee required for construction, installation or modification of any Architectural Improvement on a lot (Section 6.3)

Solar & roof

Solar energy devices allowed with prior approval of Architectural Committee; must be placed to be least visible while retaining functionality (Section 7.10)

Home business

Permitted if not detectable from outside, conforms to zoning, no non-resident employees, no door-to-door solicitation, does not increase use of common area, does not require more than reasonable number of visitors, not a nuisance or hazardo (Section 7.3.1)

Signs & flags

No signs without Board approval except: For Sale, For Rent, security signs, signs required by legal proceedings, Open House signs (max 2 hours before/after event), political signs allowed 71 days before to 3 days after election per state la (Section 7.9)

Setbacks / home size

Each Dwelling Unit shall have an interior ground floor area not less than originally platted (Section 6.11.1)

Maintenance

Owner responsible for roof maintenance, repair, replacement; must conform to original design and style (Section 4.5.1, 4.5.3)

Insurance

Association to obtain insurance on improvements it must maintain against casualty; also liability insurance for Common Areas and D&O insurance (Sections 2.4.4, 2.4.5)

Use restrictions

All Lots shall be used for single-family residential purposes only (Section 7.3 first sentence)

Voting & meetings

One vote per Lot; exercisable by Owner(s); if multiple owners, they must agree; if disagreement, no vote counted (Section 2.3)

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