Resort Residences at Mountain Shadows

What Resort Residences at Mountain Shadows's governing documents say

This is the First Amendment to the Declaration for Resort Residences at Mountain Shadows, a master-planned residential community in Scottsdale, Arizona, recorded October 2, 2016. This amendment covers dispute resolution and builder warranties only — it is not the full governing document. By accepting a deed, you agree that all disputes with the builder are resolved exclusively through mediation and binding arbitration, and you waive the right to jury trial and punitive damages.

• Dispute resolution (binding arbitration): All disputes with the builder must first go to mediation with an AAA mediator (4 hours maximum). If unresolved, disputes proceed to binding arbitration before a retired judge with 10+ cases in Arizona residential real estate. You waive the right to sue in court or request a jury trial.
• Waiving your legal rights: By accepting a deed, you waive jury trial rights, the right to punitive or treble damages, and the right to have disputes resolved in court. These waivers bind you, all future owners, and the Master Association.
• Master Association approval to sue the builder: The Master Association cannot pursue a dispute against the builder without written approval from more than 75% of lot owners (excluding those who would be defendants). Before requesting approval, the association must notify all owners with details of the dispute, attempted resolutions, attorney background, fee arrangements, and estimated costs.
• Builder's Limited Warranty (1 year): The builder warrants for one year that fit-and-finish components (cabinets, flooring, paint, countertops, trim, mirrors, walls) have no readily observable material defects. The builder also warrants original materials and workmanship against construction defects for the duration allowed under Arizona's statute of limitations or repose, whichever is shorter.
• Reporting a warranty defect: You must notify the builder in writing promptly (no later than the warranty expiration) describing the defect location and systems affected. The builder will inspect and test (including destructive testing). You must grant access Monday–Friday, 8 a.m.–4 p.m.; failure to grant access voids the warranty.
• Warranty repair or cash settlement: The builder can repair a defect or elect to pay you the diminution in fair market value caused by the defect instead. Repairs attempt to match the original but exact matches are not guaranteed due to fading, aging, or material unavailability.
• What the warranty excludes: The warranty does not cover scratches, stains, dents, chips, scuffs, torn screens, or broken glass not noted at your pre-closing walk-through; damage from move-in or occupancy; or normal wear and tear. This is the builder's only warranty; all other express and implied warranties are disclaimed.
• What this document doesn't cover: This amendment addresses dispute resolution and warranties only. It does not cover the full set of community rules, assessments, common-area maintenance, architectural review, leasing restrictions, pets, parking, or the Master Association's governance and powers — those are in the original Master Declaration and other governing documents.

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.