The Fifth Green

Key facts from The Fifth Green's documents

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

Community type

HOA (Definition of Association and Common Are)

Legal name

The Fifth Green Owners Association (Section 1.7)

Developer / declarant

Boulders Malouf Bros. Partnership, an Arizona general partnership (Opening paragraph)

Governing law

Arizona Revised Statutes (general nonprofit corporation law; no specific HOA act mentioned) (Section 3.1: 'powers prescribed by law' )

Assessments & dues

Set by Board annually; uniform rate per Lot; Declarant pays 10% until Certificate of Occupancy (Section 4.3)

Special assessments

Allowed; requires 2/3 vote of members voting in person or by proxy at meeting called for that purpose (Section 4.4)

Collections & liens

Assessment Lien; perfected by recording Notice of Claim of Lien; priority over later liens except tax and first mortgage liens; foreclosure like realty mortgage (Section 4.7)

Reserves & fees

Required; out of annual assessments for periodic maintenance, repair, replacement of Common Area improvements (Section 4.10)

Pets

Yes, reasonable number of generally recognized house or yard pets (Section 5.2)

Leasing & rentals

Implied by provisions on lessee use of Common Area (Section 6.3(B)). No express prohibition. (Section 6.3(B))

Parking & vehicles

Prohibited without ARC approval; exceptions for guest vehicles (max 7 days in 6 months) and certain sizes (Section 5.6)

Fences

Common walls within 15' of rear boundary max 3' height without ARC and adjoining owner consent; walls on boundary maintained by owner, Association maintains side facing Common Area (Sections 5.20(B), 5.21)

Architectural approval

Required for construction, alteration, exterior change (including color), improvements, fences, walls, antennas, solar, etc. (Section 5.19, 5.3, 5.25)

Solar & roof

HVAC and solar panels require ARC approval except as initially installed by Declarant (Section 5.25)

Home business

Prohibited (Section 5.1)

Signs & flags

Except as required by legal proceedings, only one residential identification sign not exceeding 36 square inches per Lot (Section 5.16)

Insurance

Association to obtain insurance (scope not detailed in excerpt) (Article 8 (Section 8.1))

Use restrictions

All Lots used exclusively as residence for Single Family; no business, trade, or nonresidential use (Section 5.1)

Voting & meetings

Class A: 1 vote per Lot; Class B (Declarant): 4 votes per Lot owned and per Lot subject to annexation, terminates when Class A votes exceed or Declarant relinquishes (Section 3.7)

Amendments

Not detailed in excerpt; Article 9.4 mentioned in Table of Contents (Table of Contents and Section 9.4)

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