Encanterra

What Encanterra's governing documents say

This document is a Declaration of Easements and Covenant to Share Costs for the Encanterra community in San Tan Valley, AZ. It is not the full set of community rules, but rather a supplemental agreement between the developer, the homeowners' association, and the golf club owner, governing the shared responsibility for maintaining certain golf course features (lakes, water features, lighting, pump stations, and drainage areas). Homeowners should be aware that this document creates potential additional assessments for these shared improvements and grants easements for access and maintenance.

• Shared improvements & cost allocation: The document identifies specific shared improvements (e.g., golf course lakes, water features, lighting, pump stations, and drainage entry areas) that benefit both the club and residents. Maintenance costs are split between the club owner and the association according to set percentages; for example, the association is responsible for 50% of evaporation water costs for most lakes. The association pays a monthly 'Pro Rata Share' of these costs.
• Direct assessments & liens: If the association fails to pay its share, the club owner may bill each lot owner directly for their pro rata portion. Unpaid amounts become a personal obligation and a continuing lien on the lot, with interest at 12% per year, superior to most other liens except taxes and first mortgages.
• Easements & access rights: The club grants the association and homeowners various easements over the club property, including for maintenance of shared improvements, drainage, utilities, view enhancement (tree removal), signage, mailbox facilities, and construction access. These easements are perpetual and survive termination of other documents.
• Ongoing obligations & amendments: The agreement is perpetual and can only be amended by written instrument signed by the club owner, association, and developer (as long as developer owns property). Each party must maintain general liability insurance of at least $2,000,000. The covenants run with the land and bind all successors.
• What this document doesn't cover: This is not the community's full CC&Rs. It does not address typical HOA rules such as age restrictions, pet limits, leasing restrictions, architectural review, parking, or use of common areas. For those rules, refer to the 'Amended and Restated Declaration of Covenants, Conditions and Restrictions for Encanterra' recorded separately.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.