San Marbeya Manor
Homeowners association — you own your lot and home; the association maintains common areas and enforces covenants.
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What San Marbeya Manor's governing documents say
San Marbeya Manor is a townhome and patio home community in Tempe, Arizona, where you own your individual dwelling and lot. The homeowner's association maintains shared drainage and retention areas and is funded by per-lot assessments.
- What you own & maintain: You own your townhome or patio home and your individual lot. The association owns and maintains the Common Areas, which are limited to drainage and retention areas (Tracts A–C on the site plan).
- Leasing & rentals: No short-term, transient, or vacation rentals are permitted. Any lease must be for your entire lot, run for at least 30 days, be in writing, comply with the CCR, and a copy must be delivered to the association before it begins.
- Architectural & landscape review: You cannot make any exterior changes to your home (including roof, walls, or entryway), fences, landscaping, or drainage without written Board approval—which cannot be unreasonably withheld. If the Board does not respond within 30 days of your submission, approval is deemed granted.
- Party walls & shared structures: If a wall, fence, or other structure sits on the boundary between your lot and a neighbor's, you share equal rights to it. If your negligence damages it, you pay for repairs alone; otherwise both owners split costs equally. Neither owner may alter the structure's structural integrity without written consent from all affected owners. Neighbors may request access to your lot to repair or maintain a shared structure (advance notice required; emergency access is immediate).
- Monthly assessments & special fees: Initial assessment is $18/month per lot (capped at $20/month in the first year), payable quarterly, to cover Common Area maintenance, insurance, and reserves. After the second fiscal year, assessment increases require 67% owner approval. Special assessments for capital improvements or repairs require 67% owner approval.
- Unpaid assessments & liens: Unpaid assessments accrue interest at 4% above the prime rate (as announced by Bank One of Arizona), plus late charges up to 25%, costs, and attorney's fees. These amounts become a lien on your lot and the association may foreclose. If assessments are unpaid for 15 days or longer, your voting rights are suspended.
- Insurance & disaster recovery: The association obtains casualty, liability, and other insurance for the Common Areas, funded through Common Expenses. If common areas are damaged or destroyed, the association restores them per the original plans without requiring an owner vote—unless 67% of owners and 51% of mortgage holders approve a different plan.
Key facts from San Marbeya Manor's documents
- Community type
- Homeowners' Association (HOA) (Section 1.1 (Association name))
- Legal name
- San Marbeya Manor Homeowner's Association, Inc. (Section 1.1)
- Developer / declarant
- San Marbeya Investments, L.L.C., an Arizona limited liability company (Section 1.5)
- Governing law
- Arizona law (A.R.S. § 33-741, §33-801 et seq. referenced) (Section 1.14, Section 1.16)
- Assessments & dues
- Initially $18.00 per month per Lot (payable quarterly) for Common Expenses. Declarant pays 25% for unoccupied Lots. (Section 20)
- Special assessments
- May be levied for capital improvements with assent of Owners holding 67% of votes. (Section 20.3)
- Collections & liens
- Unpaid assessments constitute a lien on the Lot, subordinate to recorded first mortgage (except for assessments accruing after mortgagee acquires title). May be foreclosed in same manner as real property mortgages in Arizona. (Section 20.1)
- Reserves & fees
- Association may maintain a reasonable reserve for taxes, repair, and replacement of Common Areas. (Section 20)
- Leasing & rentals
- Yes but with restrictions. (Section 8)
- Fences
- Alterations to any fence require prior written approval. (Section 6)
- Architectural approval
- No exterior addition, change, alteration, fence, wall, roof tile, or landscaping changes without prior written approval of Board or architectural committee. (Section 6 and Section 9)
- Use restrictions
- Each Lot shall be used only as a Single Family Residence and related common purposes, except Declarant may maintain sales offices. (Section 8)
- Voting & meetings
- Class A (all Owners except Declarant): one vote per Lot. Class B (Declarant): three votes per Lot owned. Voting rights may be suspended for nonpayment of assessments after 15 days. (Section 2.1)
- Amendments
- Requires instrument signed by Owners holding not less than 90% of votes during first 20 years after recording, thereafter 75%. (Section 13)
Collections & enforcement records
Public records show 2 enforcement filings by this association in 2003.
Source: Maricopa County Recorder and Maricopa County Superior Court public indexes.
About this HOA
San Marbeya Manor is a homeowners association in Tempe, AZ.
HOAproxy has 1 document on file for San Marbeya Manor: 1 CC&R. Last updated 2026-07-16.