Estates at 128th

Key facts from Estates at 128th's documents

Legal name

THE ESTATES AT 128TH COMMUNITY ASSOCIATION (Definition of 'Association')

Units / lots

12 (Lots 1 through 12) plus 2 tracts (A and B) (Property description: LOTS 1 THROUGH 12,)

Developer / declarant

SHEA 128, LLC, an Arizona limited liability company (Opening paragraph)

Governing law

Arizona Revised Statutes §33-1801 et seq. (Arizona Planned Communities Act) (Section 5.3 (reference to Act))

Age restriction

No age restriction mentioned. (No provision)

Assessments & dues

Board adopts budget; each Lot bears equal share of Annual and Special Assessments unless otherwise specified. Maximum Annual Assessment cannot exceed prior year's assessment increased by 20% unless approved by majority of Members. (Sections 4.2, 4.3, 4.6)

Special assessments

Board may levy Special Assessment for capital improvements, unanticipated expenses, taxes. Requires affirmative vote of Declarant (while Class B exists) and two-thirds of Class A Members voting at a meeting with notice 30-60 days in advance (Section 4.5)

Collections & liens

Unpaid Assessments (Annual, Special, Lot Specific) are a continuing lien on the Lot, prior and superior except for taxes and first mortgages. Foreclosure permitted in same manner as realty mortgage, with power of sale. Association may bid a (Sections 4.1, 4.15)

Reserves & fees

Board shall cause a detailed reserve study by an independent consultant at least every 4 years. Board determines reserve amount included in Annual Assessments. (Section 4.2 (last part))

Leasing & rentals

Yes, subject to restrictions: no transient/hotel use, no short-term/vacation rentals; minimum lease term of 6 consecutive months; lease must be for entire Lot and Dwelling Unit; must be in writing and subject to Declaration; copy and addres (Section 5.1B)

Parking & vehicles

Garages must be used for parking; garage doors kept closed except when entering/exiting or working. Vehicles parked inside garage first before driveway. Text incomplete; further rules likely in Section 5.9 not fully provided. (Section 5.4 (Use of Garages) and partial)

Fences

Screening areas (fences, hedges, walls) maintained and replaced by Owners per original construction or as approved by Committee. Maximum height for storage sheds less than fence height. Play structures maximum height 8 ft, platforms max 6 f (Sections 5.7, 5.6)

Architectural approval

Yes, Architectural Control Committee (Committee) approval required for Exterior Alterations, construction, installation, etc. as per Article 7. Specific items listed in Sections 5.5-5.6 also require approval. (Article 7 (referenced) and Section 5.5 ()

Solar & roof

Solar collectors and related equipment allowed on Lots subject to reasonable rules/Design Guidelines and Committee approval. (Section 5.5 (first paragraph))

Home business

Business activity allowed within a single-family house on a Lot only if not detectable from exterior, conforms to zoning, does not increase insurance, and is consistent with residential character. 'Business' defined broadly. (Section 5.3 (last part))

Signs & flags

No sign of a commercial nature allowed on the Project except as required by Arizona Planned Communities Act. Association may restrict political signs according to law. (Section 5.3 (first paragraph))

Maintenance

Association maintains Common Area (including private streets, gate features, landscaping). Owners maintain their Lots, including Improvements, in good condition. Association may enter Lot for maintenance, emergency, enforcement. (Sections 3.1, 3.7, 5.8)

Use restrictions

All Lots shall be occupied and used for Single Family Residential Use only. (Section 5.1A)

Voting & meetings

Class A: each Lot owner (other than Declarant) gets 1 vote per Lot owned; if multiple owners, only 1 vote per Lot. Class B: Declarant gets 5 votes per Lot owned until conversion to Class A when all Lots conveyed. Voting rights vest immediat (Sections 2.4, 2.6)

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