Professional Documents
Culture Documents
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CAFNON HEADTNG:
covENANrs' eoNDrrroNs r.r
AND REsrRrcrroNs
-O'
FOR SUPERSTTTTON
RANCH, MARTCONO,
DONOTRENilOVE I
Thb rc pailor&e
"d;r';;umenL
A1VTEFTDED
AI{D RESTATED DECLARATION OF
CO\IENANTSO COI\DTflONS AI\TDRESTRICTIONS
FOR
STIPERSTITION RANCH
MARICOPACOUhITY
1 l
AND RESTRICTIONS
FOR
SUPERSTMON RANICH
MARTCOPACOUNTY, ARZONA
ARTICLE I
Definitions
SECTION 1
"Assessments,"shall mean that portion of the cost of maintaining, improving, repairrng, operating
and managing the Common Area and operatingthe Association, for the benefit of all Owners in
the Projec! which is to be paid by eachMember of the Association as detenninedby the
Associationand as provided herein
SECTION2
SECNON 3
SECTION 4
SECNON 5
SECNON 6
SECTION 7
SECTION 9
SECTIONIO
SECTION11
SECTION 12
SECTION13
"First Mortgagei' shall mean a Mortgage which is the first and most seniorof all Mortgagesupon
the samereal property.
SECNON 14
SECTION 15
"Guidelines" shall mean any Architectural Contol Guidelinesadoptedby the Committee from
'r j
time to time.
SECfiON 16
"Lo!" shall mean one of the separatelydesignatedLots in the Project as shownon a Plat, together
with any improvementsthereon.
SECTION17
SECTION18
SECTION19
SECTION 20
SECTION 21
SECTION 22
SECTION 23
"Nei8hborhoodCommon Area" shall meanthat portion of a Neighborhoodwhich is plattedasa
cornmonuse arezton a Plat the use of ra&ichis for the sole and primary benefit of lessthan all of
the AssociationMembers and title of which is conveyedto a SubsidiaryAssociationas provid.ed
in and subject to the restrictions of Section 1 of Article tr. Neighborhood Common Area shall
also include Common Area which is conveyedto a SubsidiaryAssociation upon the formation of
said SubsidiaryAssociation.
SECTION 24
"Q'n4qer"shall mean the record holder of title to a Lot or Parcelin the Project. This shall include
any Personhaving fee simple title to any Lot or Parcelin the Projec! but shall exclude Persons
having any interestmerely as securityfor the performanceof any obligation. Further,if a Lot or
Parcelis sold under a recorded contractof sale or zubdivisiontrust to a purchaser,the purchaser,
ratherthan the fee owner shall be consideredthe *Oramet''as long ashe or a successorin interest
lstrtainsthe contractpurchaseror nr:rchasingbeneficiaryunder tbe recordedcontractor
subdivision trust.
SECTION25
"Parcel" shall mean those areasof real property as designatedon the Map.
SECTION26
"Person" shall rnean a natural individual, corporation, partnership,trusteeor other entity legally
capableof holding title to real property.
SECTION 27
(6P14"
shall mean a recorded plat or plats subdividing aU or any portion of a Parcel as the same
are amendedfrom time to time. Amendmentsto Plats are subject to Section I of Article II
below.
SECTION28
"Prqigct" shall mean the property subjectto this Declaration prnsuantto the terms of this
Declaration, together with all buildings, structuresand improvementserectedor to be erected
thereon.
SECTION 29
"ProJectDocuments" shall mean and include this Declaration, the exhibits attachedhereto,the
Mup, any Plats, the Articles and Bylaws of the Association and any Rules or Guidelines adopted
from time to time by the Association or the Cornmiuee as provided herein or in the dylaws.
SECTIOT{
30
*Brrlg!"
shall mean any and all rules and regulationsadoptedby the Association pursuantto
proceduresoutlined in the Bylaws relating to the useof the CommonArea or other areasof the
Projectwithin the jurisdiction of the Association.
SECTION31
Master PlannedDevelopment
A. As further described in Section I of Article VI, the real property in the Project will be
used6d imFroved exclusively with residential single-family detachedand attachedDwelling
Units. The specific use of all or any portion of a Parcel shall be zubject to Declaran.'s and the
City of Chandler's approval and must be consistentwith all applicablezoning laws and
ordinances.
ARTICLE M
SECTION 2: MEMBERSHIP
The Owner of a Lot or Parcel shall automati.ully, upon becomingthe Owner of same,be a
Member of the Association and shall remain a lviember thereof until such time as his ownership
ceasesfor any reason,at which tirne his Membershipin the Associationshall automatically
cease.Tenantsshall not have any voting or Membershiprights in the Associationby virrue of
their occupancyof any Lot or Parcel or any Dwelling Unit thereon. Each Owner shall have the
following number of Memberships:
A. With respectto Lots, one (1) Membershipfor eachLot owned by a Member as eachLot
is shown on a recordedPlat.
Membership in the Association shall not be transferred,pledgedor alienated in any w&y, except
upon the transfer of ownership of the Lot or Parcelto which it is appurtenant,and automatically
to the new Owner as provided in Section 2 above- Any attemptto make a prohibited hansfer is
void. Upon the transfer of an ownership interest in a Lot or Parcel,the Association shall record
the transfer upon its books, causingan automatic transfer of Membership as provided in Section
2 above.
The Association shall have one (1) classof voting Membershipestablishedaccordirg to the
following provisions:
A. ClassA Mgmbership
If a Lot or Parcelis jointly ownedby morethan one(1) Personor in tle caseof multiple,
unrelatedownership antities eachovi'ningportionsof a Parcel,.thevotes thereforshall be
allocatedas set forth in Subarticle 3-7 of the Bylaws.
No Owner of any Lot or Parcel shall have any voting rights attributable to that Lot or Paicel until
an Assessmenthasbeen levied againstthat Lot or Parceland the Owner thereofby the
Associationpursuarrtto Article [V below-
Regularand special meetings of Members of the Association shall be held with the frequency,at
the time and place, and in accordancewith the provisions of the Bylaws of the Association.
The affaim of the Association shall be managedby a Board of Directors which shall be
establishedand which shall conduct regular and specialmeetingsaccordingto the provisions of
the Bylaws of the Association.
ARTICLE W
Assessmentsand Charges
SECTION1: ASSESSMENTOBLIGATIONS
The Assessrnentsof the Association shall be usedexclusively to promote the healttr, safetyand
welfare of all the residentsin the Projec! for the improvementand maintenanceof the Common
Area as provided herein and for the comrnongood of the Project;provided, however,
Neighborhood Assessmentsshall be used only in connectionwith the Neighborhood Assessment
Area for which it is collected- Annual Assessmentsshall include an adequatereseryefirnd for
taxes, insurance,maintenance,repairs and replacementof the Common Area and other
improvementswhich the Association is responsiblefor maintaining.
A. The Board shall annually determine a budget for the Association containing an estimate
of the total amount of funds wtrich the Board believesto be required during the ensuingyearto
pay all Common Expenseswhich benefit all of the Lots and shall fix the amount of the annuai
(calendaryear) Assessmentagainst each Lot (with said Common Expensesassessedequally
againstthe Owners of each Lot), at an amount not exceedingthe marimum annual Assessment
for the year in questionas describedbelow.
B. The maximum anmralAssessmentamotrntfor the year following the fust clcseof
escrowon the saleof a Lot or Parcelto an Ownershall be $30.00for eachLot or Parcel.
Without the vote or approval of the Members of the Association, the ma:<imumannual
Assessmentamount shall be automatically increasedeachcalendaryear by the greaterof five
percent(5%) of the previous yeat's maximum annualAssessmentor a percentageequalto the
percentageincrease,if any, in the ConsumerPrice lndex-United StatesCity Averagefor Urban
WageEamersand Clerical Workers - All Items (publishedby the Deparhnentof Labor,
Washingloa D.C.) for the year ending with the precedingJuly (or a similar index chosenby the
Board if the abovedescribedIndex is no longer published). The Board shall annuallyapply the
foregoingformula and determineand fix the amountof the annualAssessmentagainsteachLot.
The ma:rimumannual Assessmentamount againsleachLot as fixed by the Board may be
increasedby an amount in excessof the amountproducedby the foregoing formula or decreased
by more than twenty percent(20%) of the annualAssessmentagainstLots for the prior calendar
year only if zuchincreaseor decreaseis approvedby the affimrative vote of t'wo-thirds(23) of
the voting power of Class A Membersvoting in personor by proxy at a meetingduly called for
this purpose.The annual Assessmentshall be proratedbasedon the numberof monthsremaining
beforeDecember31 of such year as well as any partial monthsremaining.
The Board reservesthe right to increasethe actualannualAssessmentwithout vote
or approvalto an amount equal to the amountthe maximum annualAssessmentwould have been
had the first annualAssessmentbeen$30.00 andthat amounthad been increasedbv SYoeach
year thereafter.
C. The Board shall notiff the Owner of eachLot or Parcel in writing asto the amount of the
annualAssessmentnot less than thirty (30) daysprior to the datethat suchAssessmentis to
commence.If for any reasonthe Board fails to timely notify the Owner of eachLot or Parcelas
to the amountof the annual Assessment eachOwner shall continue to be obligated to pay the
prior year'sannualAssessmentamountr-rntilnotified of the Assessmentamountfor ttre then
current yearwhereupon each Owner shall be liable for the new Assessmentthirty (30) days after
the effective date of the notice. All annual Assessmentsshall be payable in four (4) quarterly
installmentsexcept as otherwise determinedby the Board-
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unanticipatedor underestimatedexpensenonnally coveredby a regularAssessment;and (iii)
where neeessary,taxes assessedagainsttlre common Area; provided honrever,that in all events,
no suchspecialAssessmentshall be made without the afErmativevote of two-thirds (2/3) of the
voting power of Class A Members voting in person or by proxy at the meeting duly called for
this purpose.
SECTION5: PROCEDURES
FORASSESSMENT
VOTES
Wriuen notice of any meeting called for the purposeof taking any action authorizedunder
Sections3, 4 or 5 of this article shall be sentto the affectedMembersnot lessthan thirry (30)
days nor more than sixty (60) days in advanceof the mceting. At the first such meeting called,
the presenceof Members or proxies therefor entitled to castsixty percent(60%) of all of the
voles of the affectetl rdembers shall constitute a quorum. If the requireciquorum is not present,
anotherrneeting may be called subject to the samenotice requirementand the required quorum at
the subsequentmeeting shall be one-halt (%) of the requiredquorum at the precedingmeeting.
No such subsequentmeeting shall be held more than six[' (60) daysfollowing the preceding
rneeting.
Each Lot Owner shall bear an equal shareof all regutar and special Assessmentsas specified in
Section3(B) of this article.
The regular annual Assessmentsprovided for herein shall commenceas to eachLot or Parcel-in
the Project on the first day of the month following the close of essrow of the saleof the first Lot
or Parcelto an Owner. Due datesof Assessmentsshall be establishedby the Board and notice
shall be given to each Lot or Parcel Owner at leastthirfy (30) daysprior to any due date, provided
that if Assessmentsare to be due on a quarterly basis,no notice shall be required other than an
annual notice setting forth the amount of the quarterly Assessmentand the day of each month on
which eachAssessmentis due.
The sale or transfer of any Lot or Parcel shall not affect the AssessmentLien or liability for
Assessmentsor Chargesdue and payablerelatingto that Lot or Parcelexceptasprovided below.
No sale or transfef of a Lot or Parcel shall relieve suchLot or Parcel from liability for any
Assessmentsor chargesthereafter becoming due or from the Lien therefor. Where,however, the
First Mortgagee or another Personobtains tifle to a Lot or Parcel as a result of the foreclosure,
tnrstee's sale or deed in lieu thereof of any First Mortgage; the First Mortgageeor other Person
shall not be liable for the Assessmentsand Chargeschargeableto zuch Lot or Parcelwhich
becamedue prior to the acquisition of title to such Lot or Parsel by the First Mortgagee or other
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Person,and the AssessmentLien therefor shall be extinguished. SuchunpaidAssessmentsand
Chargesshall be deemedto be Common Expensescollectible from the ownersof all of the Lots
..orParcelsthrough regular or specialAssessments of a separateChargeagainsta [,ot as provided
herein; provided, however, &y unpaidNeighborhoodAssessmentshall be deemedto be a
ComrnonExpensecollectible only from the Ownersin the affectedNeigbborhoodArea. ln a
voluntary conveyanceof a Lot or Parcel,the granteeof the sameshall not be personallyliable for
Assessmentsor other Chargesdue to the Associationin connectionwith that Lot or Parcelwhich
accruedprior to the conveyanceunlessliability thereforis specificallyassumedby the grantee.
Any such granteeshall be entitled to a statementfrom the Association setting forth the nmountof
the unpaid Assessmentsand Chargesdue the Association- The granteeshall not be tiable for, nor
shall the Lot or Parcelconveyedbe subjectto, a Lien for any unpaidAssessments or Chargesin
excessof the amount set forth in the statemen!providedhowever,the granteeshall be liable for
any Assessmentor chargesbecomingdue after the date of any suchstatement.
When any Assessmentor Chargedue from an Owner to the Associationon behalf of any Lot or
Parcelis not paid within thirff (30) days after the due date,the AssessmentLien therefor may be
enforcedby foreclosureof the Lien and/orsaleof the Lot or Parcelby the Association,its
attorneyor other personauthorizedby this Declarationor by law to makethe sale. The
AssessmentLien may be foreclosedand the Lot or Parcelsold in the samemanneras a realty
mortgageand property mortgagedthereunder,or the Lien may be enforcedor foreclosed in any
other manner permiued by law for the enforcementor foreclosureof liens againstreal property or
the sale of property zubject to zuch a lien. Any zuch enforcemen! foreclosrueor otler action
may be taken without regardto the value of zuch Lot or Parcel,the solvencyof the Owner thereof
or the relative size of the Owner's default. Upon the sale of a Lot or Parcelpr:rsuantto this
section,the purchaserthereof shall be entitled to a deetl to the Lot or Parceland to immediate
possessionthereof, and said puchaser may apply to a court of competentjurisdiction for a writ
of restitution or other relief for th" pntposeof acquiringsuchpossession.The proceedsof any
such sale shall be applied as provided by apptcable law but, in the absenceof any such law, shall
be applied first to dischargecoststhereof, inchrding, but not limited to, court costs,other
litigation costs, collection costs,and attorneys' fees incurred by the Association, all other
expensesof the proceedings,interest, late charges,unpaid Assessmentsand other Chargesdue to
the Association, and the balancethereof shall be paid to the Owner. It shall be a condition of any
zuch sale, and anyjudgments or orders shall so provide, that the puchaser shall take the interest
in the Lot or Parcel sold subject to this Declaration. The Association, acting on behalf of the
Owners,shall acqqire and hold, lease,mortgage,or convey the sarne. ln the event the Owner
againstwhom tne 6riginat Assessmentor chargewas made is the purchaseror redemptioner,the
Lien securing that portion of the Assessmentor Chargeremaining unpaid following the sale shall
continue in effect and said AssessmentLien may be enforcedby the Association or by the Board
for the Association as provided herein. Further, notwithstanding any forecloswe of the
AssessmentLien or sale of the Lot or Parcel,any Assmsmentsand chargesdue after application
of any saleproceedsasprovided aboveshall continueto exist as personalobligationsof the
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defaultingOwner to the Association,and the Board may usereasonableeffiortsto collect the
salrtefrom said Owner eYell after his is no longer a Memberof the Association or an Owner.
In addition to all other remediesprovided for in this Declaration or at law or in equity, the Board
may temporarilysuspendthe Associationvoting rigbts and/orthe right to use the commonArea
(exceptfor ingressand egressto his Lot or Parcel)of an Owner who is in default in the payment
of any Assessmentor any other amountdue to the Association,asprovided in the Bylaws.
The rignts, remediesand powers createdand describedin Sections9 and I 0 of this article and
elsewherein the Project Documentsare cumulativeandmay be usedor employedby the
Associationin any order or combination. Without lirniting the foregoingsentence,suit to
recover a moneyjudgment for unpaid Assessmentsand/or Charges,to obtain specifi.c
performanceof obligations and/or Charges,to obtain specificperformanceof obligations
imposedhereunderand/or to obtain injr:nctive relief may be maintained without foreclosing,
waiving, releasingor satisfoingthe Liens createdfor Assessmentsor other amountsdue
hereunder.
In the eventthat any tar<esare assessedagainstthe Common Area or the personalproperty of the
Association,said ta:resshall be included in the Assessments made underthe provision of this
article, ild, if necessdry,aspecial Assessmentmay be levied againstall of the Lots or Parcels-in
an amountequal to said ta)res,as provided in Section4 of this article and allocatedto said
Owners in the samemanner as a regular AssessmentPursuantto Section3 of this article.
ARTICLE V
SECTION 1: MAINTENANCE
t3
themewalls bordering on any public rights-of-waybetweensidewalks(or bike paths)and the
sheetcurb and a [.ot or Parcel. Further, the responsibilityof the Associationfor maintenanceand
repair shall not extendto repairsor replacementsarisingout of or causedby the willful or
negligentact or neglectof an Owner or his guests,tenantsor invitees. The repair or replacement
of any portion of the Common Area resulting from suchexcludeditems shall be the
responsibility of eachOwner. The Associationshall be entitled to corrmencean action at law or
in equity to enforcethis responsibilityand duty and/orrecoverdarnagesfor the breachthereof.
Liability herer:ndershall be limited to that providedfor or allowed in the statutoryor caselaw of
the Stateof Arizona.
B. Unless specifically set forth in the immediatelyprecedingparagraphor pursuantto
any Rules adaptedby the Declarant,all other maintenanceand repairsare the responsibility of the
Owner and at the Owner's expense.
SECTION2: INSURANCE
A. Public Liabiliqv and CasualtvInsurance. The Association shall obtain and continue in
effect comprehensivepublic liability insuranceinsuring the Association, and the Owner3 and
their respectivefamily members,guests,tenantsand invitees againstany liability incident to the
ownershipor use of the CommonAreq including, if obtainable,a cross-liability endorsement
insr:ring each insured against liability to eachother insured and a "severability of interest"
endorsementprecluding the insurer from denying coverageto one Owner or other insureds
becauseof the negligenceof otber Owners,other insueds or the Association. Suchinsr:rance
shall be in amounts deemedappropriateby the board but in no event shall the limits of liability
for suchcoveragebe less than $1,000,000.00foreach occtrrrencewithrespectto bodily i"j,rl
and property rlamage. The insurancepolicy shall provide for at leastten (10) days' written notice
to the Associationbefore the insurer can cancelor substantiallymodtff the policy. Addition4lly,
the Association shall obtain and continue in effect a policy of multi-peril insurance,providing at
a minimum fire and extendedcoverage,said coverageto be obtainedon a replacementcost basis
in an amountnot lessthan one hundredpercent(100%) of the insurablevalue of all
improvements in the Common Area Such policy shall contain extendedcoverageand
replacementcost endorsements(providing for replacementof insured improvementsfrom
insuranceloss proceeds)and may also contain vandalism and malicious mischief coverage,a
stipulated amount clause and a determinablecashadjustnent clauseor a sirnilar clar:seto permit
cash settlementcovering the fulI value of the improvements. All insurancepremiums shall be
included in the Assessmentsof the Association If any of the improvements,firnishings or
equipment on the common Area are damagedby fire or other cazualty,insuranceproceeds
payableto the Association shall be used to rebuil4 repair or replacethe samesubstantially in
accord with the orii'inal plans and specifications therefor unlessthe Association Membership
determinesothenvise in a meeting called for the pu{poseof considering the sasre. Any excess
insuranceproceedsshall be depositedin the insurancereservefitnd of the Association. In the
event insuranceproceedsare inadequatetherefor, then the Association may levy a special
Assessmenton Ownersasprovided in Article [V above. The Association'suse of funds from its
generalaccountor levy of a specialAssessmentshall not constituteawaiver of the AsSobiation's
l4
or any Owner 's right to institute any legal proceedingor suit againstthe personor persons
responsible,purposelyor negligently, for the damage.
B- Fideliqv Bonds and Other Insurance. The Association shall obtain and maintain bonds
from time to time covering all Personswhich handlefunds of the Association, including, without
limitation, any professionalmanageremployedby the Association andany of suchprofessional
manager'semploY€s, in the amorurtsnot lessthan the maximum funds that will at any time be in
possessionof the Associationor any professionalmanageremployedby the Associationbut, in
no event ls55than the total amount of Assessmentsdue to the Association for a three (3) month
period immediately prior to the original or renewaldateof any zuch bondsand all reservefimds
maintainedby the Association. With the exceptionof a fidelity bond obtainedby a professional
managercovering suchprofessionalmanager'semployees,all fidelity bondsshall namethe
Associationas an obligee. ln addition, all suchbondsshall provide that the sameshatl not be
terminated,canceledor substantially modified without at least thiry (30) days prior wri$en
notice to the Association. The Associationshatlalso obtain and maintainany insurancewhich
may be required by law, including, without limitation, workmen's gs:rpensation insuranceand
director's and officer's liability insr.rance,and shall havethe power and authority to obtain and
maintain other additional insurancecoveragemeetingthe insurance requirementsestablishedby
FNMA or FHLMC, so long as FNMA or FHLMC is a Mortgagee,Owner or Eligible Tnsureror
Guarantor,except to the extent that such coverageis not available or hasbeen waived in writing
by FNlv{A or FHLMC.
SECTION 3: ENFORCEMENT
SECTION 4: EASEMENTS
The Association shall grant and reserveeasementswhere necessaryfor utilities and sewer
facilities over the Common Area to servethe CommonArea, the Lots, Parcelsand other property
subjecthereto.
The Association shall have the authority to employ a manageror other personsand to contract
with independentcbntractorsor managing agentsto perform all or any part of the duties and
responsibilities of the Association" zubject to the Bylaws and restrictions imposed by any
governmentalor quasi-govefirmentalbody or agencyhaving jurisdiction over the Projecl Any
agreementfor professional managementof the Project or any agreementproviding for servicesby
Declarant (or any affiliate of Declarant), shall provide for termination by either party without
causeorpayment of atermination fee uponninery (90) daysor less written notice or fortause
15
upon tturly (30) daysor less written notice and without paymentof a tennination fee. Such
agrcementshall further provide for a reasonablecontractterm of from orle (1) to three
{3) years
andbe renewableonly by consentof the Associationand the otherparry. The foregoing shall not
apply to or limit the Declarant's right to enter into (or the terms of) contractsor leaseswith
providersof cableTV or satellite commtmicationsservicesfor the benefit of the Projectprovided
that zuch entities are not affiliates of the Declarant.
SECTION 6: RULES
SECNON 7: PENALTIES
ARTICLE VI
Use Restrictions
All real properly within the Project shall be used,improved and devoted exclusively to
residential use and related improvementstherewith. No businessusesor activities of any kind
whatsoevershall be permitted or conductedin the Project. No institution or other place for the
care or treahent of the sick or disabled,physically or mentally (except as proved by the Arizona
DevelopmentalDisabilities Act of 1978 $36-581et seq.,or other applicablefedeial or sbatelaw)
shall be placed or penrritted to remain in the Project and no theater,bar, restauran! saloon,or
other place of entertainmentmay ever be erectedor permitted on any LoL Further, no trade or
businessof any kind may be conducted in or from any Lot except that an Owner may conduct a
businessactivity within a Dwelling Unit so long asthe existenceor operation of the business
activity (a) is not apparentor detectableby sighq sound,or smell from the exterior of the
Dwelling UniU G) conforms to 3l12sning requirementsfor the Project; (c) does not increasethe
liability or casuahf insuranceobligation or premium of the Association; and (d) is consistent
with the residential characterof the Project and doesnot constifirte a nuisanseor a hazardousor
offensive use including, without limitation, excessiveor unusualtraffic or parking of vehicles in
the vicinity of any Lot or the common Area as may be determinedin the sole discretion of the
Board. The terms "business" and "trade," as usedin the previous sentence,shall be constnredto
have their ordinary and generally acceptedmeaningsand shall include, without limitatibn, any
t6
occupation'work or activity undertakenon an ongoirrgbasiswhich involves providing goodsor
servicesto personsother than the provider's family and for which the provider receivesa fee.
compensationor other fomf of considerationregardlessof whether(a) such activity is engagedin
full or part-time; &) such activity is intendedto or doesgeneratea profit; (c) a licenseis required
therefor.
Only entire Dwelling Units may be rented providedthe occupancythereof is only by the lessee
and his family and guests. No Owner may rent his Dwelling Unit for transient or hotel purposes
or shall enter into any lease for lessrhan the entire Lot. No leaseshall be for a rental period of
lessthanthirty (30) days. Furthermore,the total numberof non-relatedpersonsliving togetherin
a Dwelling Unit is subject to any firther requirementsor restrictionsimposedby the City of
Chandler. Subjectto the foregoing restrictions,the Ownersof Dwelling Units shall havethe
absoiuteright to leasetheir respectivetrweliing Units providedthat rhe leaseis in tnnitingandis
specificallymade subject to the covenants,conditions,restrictions,limitations, and uses
containedin this Declaration and the Bylaws and any Rules adoptedby the Association.
No Owner shall bring any action for or causepartition of any Lot, it being agreedthat this
restrictionis neceFary in order to preservethe rights of the Owners. Judicial partition by saleof
a single Lot owned by two (2) or more Personsand the division of the sale proceedsis not
prohibited (but partition of title to a single Lot is prohibited). Notwithstanding the foregoing, a
vacant Lot may be split between the Owners of the Lots adjacentto such Lot so that eachportion
of such Lot would be held in common ownership with anotherLot adjacentto that portion,
subjectto any further requirements or restrictions imposed by the City of Chandler.
No buildings or stnrctures shall be moved from other locations onto any Lot" and all
improvementserected on a Lot shall be of new constnrction. No sb:r,rcture of a temporary
characterand no trailer, shaclq garage, barn or other out-building shall be usedon any Lot at any
time as a residence,eitber temporarily or permanently. All buildings in the Project shall have
either tile or wood shake roofs approvedby the Committee (except for limited areasof *build
up," relatively flat roof approved by the Committee whictU is visible from adjoining Lots, streets
or common Area shall match the roof in colot'' or roofs constrtrctedof other materials only as
approvedby the City of Chandler. The exterior walls of all buildings shall be constnrcted
exclusively of .stuccoor slunp block material approvedby the Committee. There shall be no
roof mounted air c6nditioning or other mechanicalunits (other than solar energy devices
ap'provedby the Committee) and there shall be no carports on any Lots in the Project. The
Dwelling Units shall include a fully enclosedgarageapprovedby the Committee.
SECTION 4: ATTIIMALS
t7
No animals,livestock or poultry shall be raised,bred or kept on any Lot exceptthat customary
ho'seholdpets such as dogq cats and householdbirds may be kept but only suehnumberand
typesshall be allowed which will not createa nuisanceor dishrb the health, safety, welfare or
quiet enjoyment of other lot Owners. All animals shall be kept under reasonablecontrol at all
timesand in accordancewith applicablelaws. All animal wastesmust be promptly disposedof
in accordancewith applicable city or county regulations. Upon the written requestof any Owner,
the Board shall conclusively determing in its sole and absolutediscretion, whether a particular
animalconstitutesa customaryhouseholdpet or is a nuisance,or whetherthe numberof animals
or birds maintainedon any portion of the Projectis reasonable.Any decisionrenderedby the
Board shall be final.
No personmay convert a garageto living spaceor for recreationalusewithout the prior written
consentof the Committee. Owners shall keeptheir garagesnea! clean and free from clutter,
debriss1r'nsightly objects,and shall at all times keepgaragedoorsclosedexceptas reasonably
necessaryfor ingressor egress.
SECTION6: NUISA|{CE
SECTION7: SIGNS
Exceptfor one (1) "For Renf, one (1) "For Sale" or one (1) *Protectedby Secrnity''sigrtper Lot
of no more than five (5) sqwre feet, no sign shall be erectedor placed on the Project including,
but not limited to, residential identification signs, constructionjob identification sig;rs,street
signs,wanring signs, and project signs (except signsrequired by legal proceedingsor the
Bylaws), unless.suchsigns are alrproved in advancein writing by the Committee and are in
confonnancewith the requirementsof any governmentelauthority or entity having jrnisdiction
thereof. The committee may disapprove such signs basedon number, size, color, design,
location, type and anticipated duration on the Project.
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$ECTION 9: STORAGE SHED AND SWINGS
No storageshedsor similar or related tJrpeobjects shall be locatedon any Lot or Parcel if the
height of such object is greaterthan the height of the block fenceon or adjoining Lots or parcels,
the common Area or sheets. All swings and slides (including thoseused in connection with a
swimming pool) shall be, at leastseveR(7) feet from all fenceslocatedon or nearperirneterLot
or Parcellines.
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SECTION13: PARKING
It is the intent of Declarantto limit on-streetparking on arterial and collectorroadsin the Project
to the greatestefient possible- Vehicles of all Owners and their guests,residentsand invitees are
to be kept in the garagesand residential driveways of the Lots; provided, however,the foregoing
shall not be construedto permit the parking in the abovedescribedareasof any vehicle otherwise
prohibited under this Declaration"including the parking of an inoperablevehicle. The board
shall have the authority to causeany vehicle parked, located or used in violation of any provision
of this Declaration,or the AssociationRules and Regulations,to be removedfrom the Project
and to chargethe Owner or operatorthereof a reasonablefee for such removal and any storageof
the vehicle.
B. Eash Owner shalt (i) maintain, repair and restoreany and all grades,slopes,retaining
walls and drainage structures(collectively, "Lot Improvernents') in the condition as installed by
a Developeron a Lot or to any other condition which hasbeenapprovedby the Committee;(ii)
maintain his Parceffree from weeds,trash and unsightly materials and shall maintain any
landscapingthereon in a neatly trimmed and cultivated nuurner(including any set back areas,
Common Areas, easementsand publicly owned areaslocated thereon); (iii) maintain his Lot
landscaping(io the minimum quantitiesdescribedabove)in a neatly trfunmedand cultivated
manner (including any set back areasand easementslocated thereon): and (iv) maintain any
ptantedpublic rights-of-way areasbetween sidewalks (or bikepaths) and the sfreetsrb 6n his
20
Lot or Parcel,exceptto the extentthe maintenanceof zuchpublic rights-of-way are the
responsibilityof the Association,a SubsidiaryAssoeiation,a public utility or a goyernmentalor
similar authority, in which casethe Owner is responsiblefor the maintenanceof the sameonly
for so long as such entities are not undertaking this responsibillty.
C' If any Owner doesnot (i) install and completethe required landscapingon his Lot within
the sixty (60) day period describedabove; (ii) maintainthe landscapingon his Lot cr Parcelin a
neat and athactive manner; (iii) maintain his Parcelfree from weeds,trash and unsightly
materials; or (1v)maintain all Lot Lnprovements on his Lot or Parcelin the manner provided
above,the Committee,after gving the Owner fifteen (15) dayswritten notice to cure any such
defairlt, shall have the right to causethe necessarylandscaping,maintenanceor Lot Improvement
work to be done and the Owner in default shall be responsiblefor the cost thereof as part of his
regularquanerly Assessment.The Committee shall havean AssessmentLien on the detaulting
Owner's Lot or Parcelfor the funds expendedtogetherwith interestthereonat the rate of fifteen
percent(15%) per annumuntil paid. In addition to the foregoing,the Commiuee may utilize
remediesavailableunder Section1 of Article X for suchOwner's default.
SECTION16:VARLANCES
At its option, the Board may in extenuatingcircumstances,and only with the ratification of the
Cornmifiee, grant minsl variancesfrom the restrictions in this Article VI. Such a variancemay
be grantedonly after the Board determinesthat a restriction would createan unreasonableor
zubstantiathardship or burden on an Owner or zuch restriction is obsoletedue to changeof
circumstancesand that the activity permitted under the variancewill not substantially adversely
affect the remaining Ownersand other occupantsof the Project.
ARTICLE VII
Fencesand PerimeterEasements
All Lots shall be improved with fences as approvedby the Committee.No side or rear fenceand
no side or rear wall, other than the wall of the houseconstnrctedon said Lot, shall be more than
six (6) feet in height. Nonrithstanding the foregoing, the prevailing govemmental regulations
shall take precedenceover theserestrictions if said regulations and provisions ere more
restictive. Unless otherwiseapproved by the Commiuee, all fencing and any materials usedfor
fencing, dividing oi d.fioit g the Lots or Parcelsmust be of cementblock construction" of new
materials and erectedin good and worlmanlike manner. Fencingfor Lots and Parcelsvisible to
public sheets or the Common Area shall be conshrrctedconsistentwith the decorative theme
walls constructedwithin the Project. All fencesshall be maintainedin good condition and repair
and fences,upon being started must be completed witldn a reasonabletime not exceedingthree
(3) months from commencementof construction. If Owner-installedfencesare either wholly or
2l
partially damaged,th"y shall be either removedor restoredto their original condition within one
( 1) month from the dateof darnage.The Associationmay perforrnroutine maintenanceof the
exierior sidesof certaindecorativethemefences* prorridedin Section 1 of Article V above,but
the Ownersof the Lots or Parcelsadjacentto said fencesshall be responsibleto replacethe same
in the eventof destructionthereofunlesssaid destructionis causedby the Associationor any
agentor licenseeof the Associationwhereuponthe Associationshall be responsiblefor replacing
said fence. Further,with respectto the decorativethemefences,Ownersare prohibited from
dismantling the sameto gain accessto back yards for construction of any type. Owners are
allowed to dismanfle side yard fencesto gain accessto back yards for construction provided that
if so dismantle4 the fencesmust be replacedwithin three (3) months frorn the date of
dismanfling to the condition which existed prior to the dismantliog us determinedby the
Commiueein its sole discretion.
At its optiou, ihe Boar'dmay Lr extenuatingcircumsrances,and oirly with the ratification
of the Commiuee,grantminor variancesfrom the restictions in this Article VII, Section I . Such
a variancemay be grantedonly after the Board detenrrinesthat a restriction would createan
unreasonableor substantialhardship or br:rdenon an Owner or zuchrestriction is obsolete due to
changeof circumstancesand that the activity permiued r:nder the variance will not substantially
adverselyaffect the remaining Owners and other occupantsof the Project.
A. Fenceswhich may be consfirrctedby a Developer q)on the dividing line between Lots or
Parcels,or near or adjacentto said dividing line becauseof minor encroachmentsdue to
engineeringerrors (which are hereby acceptedby all Owners in petpetuity) or becauseexisting
easementsprevent a fence from being located on the Cividing line, are "Parfy Walls" and shall be
maintainedand repairedat the joint cost and expenseof the adjoining Lot or ParcelOwners, _
Fencesconstnrctedupon the back of any Lot or Parcel (which do not adjoin any other Lot or
Parcel) by a Developer shall be maintained and repaired at the cost and expenseof the Lot/Parcel
Owner on whoseLot/Parcel (or immediately adjacentto whoseLot/Parcel)the fenceis installed.
Suchfencesshall not be altered, or changedin design, color, material or constnrction from the
original installationmadeby a Developerwithotrt the approvalof the adjoining Owner(s), if any
are or would be affected by zuch change,and the Committee. In the event any such fence is
damagedor deshoyedby the act or actsof one of the adjoining Lot/Parcel Owners,his family,
agents,guestsor tenants,that Owner shall be responsiblefor said dqmageand shall promptly
rebuild and repair the Party Wall(s) to its (their) prior condition, at his sole cost and expense. In
all other eventswhen any Parly Wall is wholly or partially darnagedor in needof maintenanceor
repair, eachof the adjoining Owners shall shareequally in the cost of replacingthe rarry Wall or
restoring the sameto its original condition. For this purpose,said adjoining Owners shall have
an easementas more fully describedin Section 3(A)(ii) of this article. All gatesshall be no
higher than the adjacentParly Wall or fence.
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wall or walls (excepta wall which is part of a house)subjectto the provisions of Section 1 of this
futide VII requiring masonrybtock constructi,on,
SECTION 3: EASEMENTS
A. GeneralEasements
(ii) For the purpose of installing, repairing and maintaining any Party Wall, an
easementnot to exceedfive (5) feet in width is herebyueated over the portion of every Lot or
Parcelimmediatelyadjacentto any Party Wall to allow the adjoining Owner accessfor such
purposesas set forth herein and no other purpose.
(iii) With respectto any.Party Wall not located on a divirling line between Lots
or Parcelsbut locatednear or adjacentto such dividing [ine, an Owner of a Lot or Parcel shall
have and is hereby granted a pennanent easementover any properly immediately adjoining said
O'Rmer'sLot or Parcel up to the middte line of said fence for the use and enjolment of same.
(lD Each Lot and Parcel within the Project is hereby declaredto have an
easementover all adjoining Lots and Parcelsand the CommonArea for the purposeof
accommodatingany encroachmentdue to minor engineeringerrors, errors in either the origrnal
conshrrction,reconstnrction or repair of the Building on the Lots, settlementor shifting of
buildings or any other similar cause. There shall be valid easementsfor the maintenanceof said
encroachmentsas long as they shall exist" and the rights and obligations of Owners shall not be
altered in any way by said encroachmen! settle,mentor shifting, provided however, that in no
event shall a valid easementfor encroachmsnlbe createdin favor of an Owner or Owners if said
encroachmentoccurred due to the willful misconduct of said Owner or Owners.
B. AssociationEasements.
The following easementsare created in favor of the Association and its diregtors, offi.cers,
agents,employeesand independentcontractors over the Lots (but not the housestleregl):
^.1
LJ
(i) For inspectionof the Lots in orderto veri$r the perforrnanceof all Owners
of all items of maintenarrqeand repair for which they are responsible;
ARTICLE\rltr
Architectural Contol
For the purpose of maintaining the architectrual and aestheticintegrity and consistencywithin the
Projec! an Architechrral Control Committee(the "Committss') is herebyestablishedconsisting
of five (5) members. The Board shall from time to time remove and/orreplace the membersof
the Comrnittee. The Committee may designatealternatememberswho shall act in the event of
the absenceor disability of a regular member of the Committee. A majority of the Commiuee
shall be entitled to take action and make decision for the committee.
24
five (45) days from the datethe samewere submittedshall constituteapproval of saidplans a161
specifications,pro'zidedthe d€sign,Iocation,color andkind ofrnateials in the AlteraConshall be
governedby all of &e restrictions herein set forth. With respectto reviewing an Owner's plans
and specifications, the Committee shall have the right to employ professional consultantsto
review the sarneto assistit in dischutg*g its duties. In the event the Committee electsto employ
such consultant, the Committee shall first grve notice to the Owner of the fee reqirired for the
purposeof hiring any such consultant and the Owner shall promptly pay said consultant's fee to
the Comrnittee prior to the Committee being obligated to proceedfinther with its review of said
Owner's submission.
The Committee's approval of Alterations shall not be interpretedor deemedto be an
endorsementor verification of the safety,structtral integrity or compliancewith applicablelaws
or building ordinancesof the Alterations and the Owner and/or its agentsshall be solely
responsibletherefor. The Committeeand its membersshall haveno liability for any lack of
safety, integnty, or compliance thereof. The Commiuee and its membersshall have no personal
liability for judicial challengesto their decisionsand the soleremedyfor a successfulchallenge
to a decision of the Committee shall be an order overhrnring the salnewithout creating a righg
claim or remedy for damages.The Committeemay adoptand arnend,from time to time,
Guidelinesconsistentwith this Sectionand the ProjectDocuments-
ARTICLE D(
Amendments
andModgageeProtection
SECTION1: AMENDMENTS
(r) voting;
25
(vi) responsibility for mafurteilance
and repairof the various portionsof
the Project'
In the caseof nmendrnentswhich expressly affect or apply to one or m.ore,but less than At fots
or Parcels,the requisitepercentagesof Owners' and Eligible Mortgage Holders' approvalshall
also be obtained in the sameapproval percentagesspecified above from the class of Owners and
Eligibte Mortgage Holders so affected.
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SECTION 2: RIGHTS OF FIRST MORTGAGEES AND INSURERS OR CUaRaNTORS oT,
FIRST MORTGAGES
Notwithstanding anyttring to the contrary containedin this Declaration, without the prior written
approval of at least two-thirds @3) of the Eligible Mortgage Holders.basedupon one (1) vote for
eachFirst Mortgage held by the Owners, the Association shall not be entitled to and no provision
of this Declaration shall be applied effective, interpreted or constnredto:
27
holdings in the Project in the allocation or distribution of hazardinsuranceproceedsor
condernnationawards:
First Mortgageesmay, jointly or singly, pay any tares, Assessmentsor other chargeswhich are in
default and which may or have becomea lien or chargeagainstthe Common Area ard may pay
overduepremiums or hazard insr:rancepolicies (or securenew hazad insr:rancecoverageon ttre
lapseof a policy) f6r the Common Area Any First Mortgagee making suchpaymentsshall be
entitled to immediate reimbursementtherefor from the .A.ssociation.
ARNCLE X
General
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SECTION 1: EFFECT OF DECLARATION ANDREMEDIES
The right of any Owner to sell, transfer or otherwise convey his Lot or Parcelshall not be subject
to any right of first refusal or any similar restriction in favor of the Association.
The Association shall make available to Owners, First Mortgageesand Insurersor Guarantors
thereofcurent copies of the Declaration,Articles, Bylaws, rules and the books,recordsand
financial statementsof the Association. *Available" meansavailable upon requestfor inspection
(and copyrng at the expenseof the requesting party), dr:ring normal businesshours or wider other
29
reasonablecircumstances.In addition, First Mortgageesholding fiffy-one percent(5I%) or more
of First Mortgages on Lots and Pacels in the Projea shall be entifled to haveprepaed, without
chargeto the party se.requesting,an financial sta.tementof the Association for the immediateiy
precedingfiscal year if one is not otherwise available, and the Association shatl have such
slatementpreparedand distributed to the First Mortgageeswithin a reasonabletime following the
receiptof the requesttherefor.
SECTION 4: CONDEMNATION
Upon receipt of notice of intention or notice of procesdingswherebyall or any part of the Project
is to be taken by any govemmentalbody by exerciseof the power of condemnationor erninent
domain, all Owners and First Mortgageesshall be immediately notified by the Associatircn
thereof. The Association shall representthe Owners in aoy condemnationor eminent domain
proceedingsor in negotiations, settlementsand agreementswith the condemningauthorig for
acquisition of any part of the Common Area of the Project, and every Owner appointstbe
Association his attorney-in-fact for this puqpose. The entire award madeas compensationfor
such taking of Common Area, including but not limited to any amountawardedas severimce
damages,or the entire amount received and paid in anticipation and settlementfor such taking,
after deductingtherefrom,in eachcase,reasonableand necessarycostsand expenses,including
but not limited to attorneys'fees,appraisers'fees and court costs(which net amountshall
hereinafterbe referred to as the "Award"), shall be paid to the Association as trusteefor the use
and benefit of the Owners and their First Mortgageesas their interestsmay appear. The
Association shall, as it is practicable, causethe Award to be utilized for the purposeof repairing
and restoring the Project, including, if the Association deemsit necessaryor desirable,the
replacementof any improvementsso taken or conveyed.
In the event of any taking of any Lot or Parcel in the Project by eminent domain, the Owner of
such Lot or Parcel shall be entitled to receive the award for such taking zubject to any rights of
his Mortg€ee, and after acceptancethereof he and all of his Mortgageesshall be divestedof all
interest in the Project if such Owner shall vacate or abandonhis Lot or Parcel as a result of such
tolo.g. The remaining Oumersshall decide by majority vote ufiether to rebuild or repair the
Project or take other action. The remaining portion of the Project shall be resr:rveyd if
necessary,ild the Declaration shall be amendedto reflect zuch taking. Lr the event of a taking
by eminent domain of more than one [,ot at the sametrme or all of any portion of a Parcel,the
Association shall participate in negotiations and the Association shall proposethe method of
division of the proceedsof condemnationunless otherwise specified by the condemningauthority
or by the courl
SECNON 5: MISCELLANEOUS
This Declaration shall remain and be in full force and effect for an initial tenn of not less than
fifty (50) years from the date this Declaration is recorded or any lesserterm as may be mandated
by the rule against Perpetuitiesin which event the life in being shall be the last living grandchild
30
of GeorgeBush, Presidentof the United States. Thereafter,this Declarationshall be deemedto
have been renewed for successivetermsof ten (10) years,unlessre''rokedby an instrunentin
writing, executedand acknowledgedby ths then Ownersholding not less than seventy-five
percent (75%) of the voting power in the Association, which said instn:ment shatl be recordedin
the office of the County Recorderof Maricopa County, Arizon4 within ninery (90) daysprior to
the expiration of the initial effective period hereof, or anyten (10) year extension-
If there is any conflict betweenany of the Project Documents,the provisions of this Declaration
shall prevail. Thereafter, priority shall be given to the Project Documentsin the following order:
Plaq Afticles, Bylaws, Guidelinesand rules of the Association-Wheneverthe contestherein so
requires, the use of the singular shall include and be constued as including the plural, and vice
versa,and the masculineshall include the feminine and neuter,andvice versa. Subiectto any
additional approvals required by the City of Chandler,the following actions require the prior
approval of the Federal Housing Administration or the VeteransAdministration: annexationof
additional properties,dedicationof the Qsmmon Are4 amendmentof this Declarationand
withdrawal or deannexationof any property from this Declaration.
s-i
DATEDtJis 2j dayof rsei,.
SUPERSTMONRA].{CHHOMEOWNERS
ASSOCIATION
aOFFtetAL-sE^ti
BdanaM.Cante
STATE OF ARZONA ) fldwvRslbArizona
uaikryCqrily.-
) ss-
Countyof Maricopa )
- foregoinginstr.umentwas acknowledged
The foregoinginstument acknowledgedbefore me.this
-. tni.C lSt day of
M n;F,byKr+f,^c$ ,thePresident,*o thevice
PrCSidENt Of SQTPERSTITION RA}ICH HOMEOWNERS ASSOCIATION, ANATiZONANON.
profit corporation, for and on b€half of the corporation. ._ .
31
, . r t
Notarv Public
My CommissionExpires:
32
a r t
i '
BXHIBIT A
The Proper{y
Lots I through 62, inclusive, Tracrs A and B, RANCH HOUSE AT SupERSTmoN RANCH,
accordingto the Plat thereofrecordedin Book 331 of l-{aps,Page7 of the Maricopa County,
Arizona Recorder'sOffice, being a subdivisionof Parcel3 of that certainMap of Dedicationof
SuperstitionRanchrecordedin Book 33i of Maps, Page6 of the Maricopa County, Arizona
Recorder'sOffice
JJ
.| rt t
EKIIBIT B
Common Areas
TractsA and B, RANICH HOUSE AT SUPERSTffiON RAIICH, accordingto the Plat thereof
recordedin Book 331 of lvlaps,Page7 of the MaricopaCounty,Arizona Recorder'sOffice,
being a zubdivision of Parcel 3 of that certain Map of Dedication of Superstition Ranch recorded
in Book 331 of Maps, Page6 of the Maricopa County,Arizona Recorder'sOfEce.
34