Festiva Tempe

Key facts from Festiva Tempe's documents

Community type

planned community (Section 1.23: 'Project shall mean the pl)

Developer / declarant

D.R. Horton, Inc., a Delaware corporation (Recitals and Section 1.11)

Assessments & dues

Maximum Annual Assessment for fiscal year ending December 31, 1994 was $40.00 per month per lot (Section 8.6)

Special assessments

Allowed for capital improvements or extraordinary expenses; requires approval by at least 2/3 of votes of each class of Members voting in person or by proxy. (Section 8.7)

Collections & liens

Lien in favor of Association on each Lot for assessments, prior to all other liens except taxes and first mortgages. May be foreclosed like a mortgage. Association may bid at sale. (Section 8.2)

Reserves & fees

Association may collect and maintain Funds held in reserve for any uses referred to in Section 9.1. (Section 9.1 (last sentence))

Pets

Yes, but only a reasonable number of generally recognized house pets (as determined by Board) kept as domestic pets, not for commercial purposes. (Section 5.2)

Leasing & rentals

Yes, but only entire Lot (not less), and for a minimum period of 30 days. (Section 5.13: 'No Owner may lease less t)

Parking & vehicles

Private passenger autos and pickup trucks may be parked only within a garage or in a private driveway. Other vehicles (motor homes, boats, RVs, trailers, campers) only in fully enclosed garage or in designated areas adopted by Board. (Section 5.11)

Fences

On corner Lots, no fence, wall, hedge, shrub or other plant that obstructs sight lines between 2 and 6 feet above adjacent public streets within a triangular area formed by the streets and a line connecting property lines at points 25 feet (Section 5.12)

Architectural approval

Yes, a Design Review Committee (Committee) is established by Declarant. Approvals required for items such as solar panels, antennas, basketball goals, etc. Committee also sets Design Guidelines. (Article 4, especially Section 4.1)

Solar & roof

Solar collection panels and devices may be placed on a Lot (including roof) subject to prior approval of Committee and City approvals, and must either not be visible from neighboring property or be screened as deemed appropriate by Committe (Section 5.9)

Home business

Limited home business allowed if (a) not apparent from outside, (b) conforms to zoning, (c) no door-to-door solicitation, (d) no drive-up traffic, (e) consistent with residential character, not nuisance. Determination by Board. (Section 5.1)

Signs & flags

Allowed: signs required by legal proceedings; max 2 address signs (each <= 72 sq in); 'for sale'/'for lease' signs <= 5 sq ft; Declarant's construction/marketing signs; temporary political campaign signs for max 60 days. No other signs visi (Section 5.15)

Maintenance

Association maintains Common Areas and public rights-of-way landscaping adjacent to Common Areas (Section 11.1.1). Owner maintains Lot, landscaping on Lot, and public right-of-way areas between Lot and street (Section 5.14). (Sections 11.1.1 and 5.14)

Insurance

Association shall purchase and maintain property damage and liability insurance on Common Areas, and directors and officers liability insurance. (Section 13.2)

Use restrictions

No gainful occupation, profession, business, trade or other nonresidential use shall be conducted on or in any Dwelling Unit, except limited home business as specified. (Section 5.1)

Voting & meetings

Two classes: Class A (all Owners except Declarant) - 1 vote per lot; Class B (Master Declarant and Declarant) - 3 votes per lot. Class B converts to Class A upon earliest of: (a) 120 days after Class A votes equal Class B, (b) 20 years afte (Section 7.2)

Amendments

This Declaration may be amended by vote or written consent of Owners of at least 75% of the Lots and Declarant (so long as Declarant is an Owner). Section 11.1.1 also requires consent of City of Tempe. Amendment must be Recorded. (Section 12.1)

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