West Pointe Town Centre

What West Pointe Town Centre's governing documents say

This is a Declaration of Covenants, Conditions and Restrictions and Reciprocal Easement Agreement for West Pointe Town Centre, a commercial shopping center in Surprise, AZ. It governs the rights and obligations of commercial property owners (parcel owners) within the shopping center, including shared maintenance, use restrictions, and easements. It is not a residential homeowners association document.

• Who is bound: The rules bind all Owners (those holding fee title to parcels within the shopping center, excluding tenants, lessees, and lenders). Owners automatically become members of the West Pointe Town Centre Owners Association.
• Mandatory assessments: Each Owner must pay a share of Common Area Maintenance Expenses, calculated by multiplying total expenses by the fraction of the Owner's parcel square footage over total shopping center land area (excluding common area). Payments are due within 15 days of monthly statements; late charges are the greater of $10 or 10% of the amount due, plus 12% annual interest.
• Use restrictions: No use that is obnoxious or out of harmony with a shopping center is permitted. Prohibited uses include nuisances, manufacturing, trailer courts, junk yards, certain commercial services (e.g., laundry, car wash), kiosks in common areas, bowling alleys, adult book stores, and theaters (with exceptions for incidental entertainment in restaurants). No outside merchandise sales in common areas except up to three joint art fairs/craft shows per year.
• Special restrictions on certain parcels: Only the designated 'Service Station Parcel' may sell petroleum products, automotive accessories, or operate certain fast-food restaurants (e.g., KFC, Taco Bell) if the same food items are not already sold elsewhere in the shopping center. Other parcels are prohibited from these uses.
• Construction and alterations: All construction, reconstruction, or alterations must be first-quality, architecturally compatible with the rest of the shopping center. Plans may be submitted for advance approval; failure to respond within 15 days is deemed approval. No construction during peak holiday season (Nov 15–Dec 31) without written consent of all Owners if it interferes with access, parking, or receiving merchandise.
• Maintenance obligations: Each Owner must keep their parcel (including buildings, driveways, parking areas, landscaping) in good condition. Before improvements are built, parcels must be kept clean and free of weeds and debris. The Declarant or Association maintains common areas (roadways, sidewalks, landscaping, etc.) funded by assessments.
• Insurance: Declarant or Association must carry comprehensive public liability insurance on common areas with minimum $2 million per occurrence, naming all Owners as additional insureds. Other insurance may be obtained at their option.
• Enforcement and remedies: The Association, Declarant, or any Owner can enforce the rules via injunctive relief, damages, fines (after notice and hearing), and suspension of voting rights for delinquent Owners. Unpaid assessments become a lien on the parcel. Prevailing parties in enforcement litigation are entitled to attorney's fees.

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.