Emberly Community Association

Key facts from Emberly Community Association's documents

Reflects the 2025 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

planned community (Introduction B)

Developer / declarant

Tri Pointe Homes Arizona 91, LLC, an Arizona limited liability company (Declarant paragraph)

Governing law

Arizona Revised Statutes (references to A.R.S. §§33-1817, 33-1803) (Sections 3.12(e) and 7.7)

Assessments & dues

Board prepares budget at least 30 days before Assessment Period; adopts Regular Assessment same for each Assessable Lot (Section 7.2(a))

Special assessments

Requires approval by 2/3 of votes cast by Members voting at meeting; if Declarant owns any Lot, written approval also required. Equal amount per Assessable Lot. (Section 7.3)

Collections & liens

Association has lien on each Lot for Assessments, late charges, collection fees, attorney fees; may be foreclosed like mortgage. Lien has priority over other liens except pre-recorded liens, tax liens, and first mortgage. Recording of Decla (Section 7.7)

Reserves & fees

Board may allocate to reserves as part of Common Expenses (Sections 7.2, 7.12) (Section 7.2, 7.12)

Pets

Not explicitly stated; likely allowed but not restricted in provided text

Leasing & rentals

Implicitly allowed; Lessee defined, and Section 5.1(b) grants lessees use of Common Area (Definitions of Lessee, Section 5.1(b))

Parking & vehicles

Declarant may restrict parking on Common Area during marketing (Section 5.3(b)); Board may adopt rules regarding parking; no specific restrictions mentioned (Sections 5.3(b), 6.3(b))

Fences

Fences included in definition of Improvement; subject to ARC and Design Guidelines; boundary walls addressed in Sections 8.5 and 8.6 (Definitions, Sections 8.5, 8.6)

Architectural approval

Yes, prior written approval of Design Review Committee for any Construction or Modification (Section 3.1(a))

Signs & flags

Declarant may install signs for development; otherwise Design Guidelines may regulate signage (Section 3.11(b)(6)) (Sections 3.11(b)(6), 5.3(b)(2))

Maintenance

Not explicitly; part of Owner's maintenance of Residence? Likely Owner responsibility per Section 8.2 (Section 8.2)

Insurance

Article 9 references insurance; details not provided in excerpt (scope of coverage, property, liability) (Article 9 headings)

Use restrictions

Not explicitly stated; Lot intended for independent ownership and use as Residence (definition of Residence); permitted uses on Exhibit B (not provided) (Definition of 'Residence'; Section 4.1 r)

Voting & meetings

Two classes: Class A (Owners, each Lot one vote); Class B (Declarant, three votes per Lot until termination) (Section 6.7)

Amendments

Amendment of Declaration per Section 11.3 (not fully provided); Use Restriction amendments per Article 4: Board resolution, Declarant approval during control period, notice to Members, if >10% object then 2/3 vote of Members needed. Any own (Sections 11.3, 4.2, 4.3)

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