Northridge Village Neighbors

CC&R's

Docket #13316; Page: 199-217

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

THIS DECLARATION, made on the date hereinafter set forth, by ARIZONA TITLE INSURANCE AND TRUST COMPANY, an Arizona Corporation, as Trustee, and as bare legal title holder, acting at the direction of BRUNSWICK CONSTRUCTION INC., an Arizona Corporation, said Trustee hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the bare legal title holder of certain property in the City of Phoenix, County of Maricopa, State of Arizona, which is more particularly described as follows:
Lots 1 thru 19 and Tracts "A" thru "E", inclusive, of NORTHRIDGE VILLAGE, per map recorded in Book 204 , page 2 of Maps, in the office of the County Recorder of said County.
NOW THEREFORE, Declarant, at the direction of BRUNSWICK CONSTRUCTION INC., an Arizona Corporation, developer of the above described properties, hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and shall be binding on and for the benefit of all parties having or acquiring any right, title or interest in the described properties or any part thereof, their heirs, successors or assigns, and shall inure to the benefit of each owner thereof.

ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to NORTHRIDGE VILLAGE ASSOCIATION I, an Arizona non-profit corporation, its successor. and assigns.
Section 2. "Architectural Committee" shall mean the committee created pursuant to Article VII hereof.
Section 3. "Architectural Committee Rules" shall mean the rules adopted by the Architectural Committee.
Section 4. "Articles" shall mean the Articles of Incorporation of the Association which are, or shall be filed in the office of the Corporation Commission of the State of Arizona, as said Articles may be amended from time to time.
Section S. "Association Rules" shall mean the rules adopted by the Board, as they may be amended from time to time.
Section 6. "Board" shall mean the Board of Directors of the Association.
Section 7. "Bylaws" shall mean the Bylaws of the Association, as such Bylaws may be amended from time to time.
Section 8. "Common Area(s)" shall mean all real property either owned by the Association or property covered by landscape easements and planter areas for the common use and enjoyment of the Owners.
Section 9. "Declarant" shall mean Arizona Title Insurance and Trust Company, an Arizona corporation, as Trustee for Brunswick Construction Inc. Developer, including its successors and assigns.
Section 10. "Declaration" shall mean the covenants, conditions and restrictions herein set forth in this entire document, as same may from time to time be amended.
Section 11. "Developer" shall mean Brunswick Construction Inc., an Arizona corporation, or any successor to all or substantially all of the interest of said corporation in the Development.
Section 12. "Improvement" shall mean the buildings, roads, roadways, parking areas, lighting fixtures, fences, walls, hedges, plantings, planted trees and shrubs, and all other structures or landscaping of every type and kind.
Section 13. "Lot" shall mean and refer to any separate parcel of real property shown upon any recorded subdivision map of the Property, with the exception of the Common Area.
Section 14. "Member" shall mean any person, corporation, partnership, joint venture or other legal entity who is a member of the Association.
Section 15. "Owner(s)" shall mean and refer to the record owner, whether one or more persons or entities, of equitable or beneficial title (or legal title if same has merged) of any Lot. "Owner" shall include the purchaser of an executory contract for the sale of property. The foregoing does not include persons or entities who hold an interest in any Lot merely as security for the performance of an obligation. Except as stated otherwise herein, "Owner" shall not include a lessees or tenant of a Lot. For the purpose of Articles II and VIII only, unless the context otherwise requires, "Owner" shall also include the family, guests, invitees, licensees, and lessees of any Owner, together with any other person or parties holding any possessory interest granted by such Owner in any Lot. "Owner" shall include Declarant as long as Declarant owns any Lot within the Property.
Section 16. "Property" or "Properties" shall mean and refer to that certain real, personal, or mixed property hereinbefore described which is subject to this Declaration, and such additions hereto as may hereafter be brought within the jurisdiction of the Association.
Section 17. "Public Purchaser" shall mean any person or other legal entity who becomes an Owner of any Lot within the Property.
Section 18. "Visible From Neighboring Property" shall mean, with respect to any given object, that such object is or would be viable to a person six feet tall, standing on any part of such neighboring property at an elevation no greater than the elevation of the base of the object being viewed.
Section 19. "Mortgage" shall mean "Deed of Trust", "Mortgagor" shall mean "Trustor", and "Mortgagee" shall mean "Beneficiary".
ARTICLE II
PROPERTY RIGHTS
Section 1. Owner's Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to suspend the voting rights and right to use of the common areas by an Owner for any period during which any assessment against his Lot remains unpaid; and to suspend the right of use of the common areas for a period not to exceed sixty (60) days for any infraction of its published rules and regulations.
(b) the right of the Association to dedicate or transfer all or any part of the common area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless as instrument signed by two thirds (2/3) of each class of owners agreeing to such dedication or transfer has been recorded.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
Section 3. Owner's Easement of Enjoyment Limitations.
(a) An Owner's right and easement of enjoyment in and to the Common Area shall not be conveyed, transferred. alienated or encumbered separate and apart from an Owner's Lot and such right and easement of enjoyment in and to the Common Area shall be deemed to be conveyed, transferred, alienated or encumbered upon the sale of any Owner's Lot, notwithstanding the description in the instrument of conveyance, transfer, alienation or encumbrance may not refer to the Common Area.
(b) The Common Areas shall remain undivided and no action for partition or division of any part thereof shall be permitted.
(c) Each Owner, tenant and occupant of a Lot, and the invitees, tenants, agents and employees of such Owner may use the Common Area in common with the Owners' invitees, tenants, agents and employees of the other Lots in accordance with the purposes for which it is intended without hindering or encroaching upon the lawful right of such others.
(d) No Owner will be exempted from liability for assessments with respect to the Common Area by waiver of the enjoyment of the right to use the Common Area or by abandonment of his Lot or otherwise.
Section 4. Title to Common Area. Declarant covenants that it will convey legal title, where appropriate, to the Common Area to the Association, free of all encumbrances except current real property taxes and other easements, conditions, reservations and restrictions then of record. The conveyance, where appropriate, shall be made to the Association not later than thirty (30) days following the completion of construction of the Improvements on the Common Area. The term "legal title" as used herein shall mean the fee simple title of Declarant.

ARTICLE III
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. General Declaration. As the property has been subdivided into various lots, and it is intended that the property so subdivided shall be sold and conveyed to public purchasers subject to this Declaration, Declarant hereby declares that all of the property subject hereto is and shall be held, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in whole or in part, subject to this Declaration, as amended or modified from time to time. This Declaration is declared and agreed to be in furtherance of a general plan for the subdivision, improvement and sale of said property and is established for the purpose of enhancing and perfecting the value, desirability and attractiveness of said property and every part thereof. All of this Declaration shall run with all of said property for all purposes and shall be binding upon and inure to the benefit of Declarant, the Association, all Owners and their successors in interest.
Section 2. Additional Land. In addition to the land and improvements presently subject to the Association, the Developer may include future subdivisions as part of the total Development. It is intended that the common areas of such subdivisions will be used by members of the Association for the benefit of its membership pursuant to the bylaws and rules and regulations of the Association as may be amended from time to time. It is not intended to create any special rights in the common areas for the benefit of the Owners of lots in the subdivision, but to allow the Owners and other members of the Association to use the facilities in the entire development through their membership in the Association. The Declarant/Developer makes no warranties or propositions whatsoever that the plans presently envisioned for the entire Development can or will be carried out or that any land now owned or hereafter acquired by it will be developed for a particular (or any) use; or that, if such land is once used for a particular use, such will continue in effect.
Article IV
THE ASSOCIATION
Section 1. Organization.
(a) The Association. The Association is an Arizona Corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws, ant this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
(b) Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles and the Bylaws, as same may be amended from time to time.
Section 2. Powers and Duties of the Association. The Association shall have such rights, duties and powers as set forth in the Articles and Bylaws, as same may be amended from time to time.
Section 3. Rules. By a majority vote of the Board, the Association may, from time to time and subject to the provisions of this Declaration, adopt, amend, and repeal rules and regulations to be known as the "Rules". The Rules may restrict and govern the use of any area by any Owner, or by any invitee, licensee or lessee of such Owner provided, however, that the Rules may not discriminate among Owners and shall not be inconsistent with this Declaration, the Articles or Bylaws. A copy of the Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner and may be recorded. Said Rules shall have the same force and effect as if they were set forth in and were a part of the Declaration.
Section 4. Personal Liability. No member of the Board or any Committee of the Association, or any officer of the Association, or any Manager, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, or negligence of the Association, the Board, any Manager, or any other representative or employee of the Association, or the Architectural Committee, or any other Committee, or any officer of the Association, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith, without willful or intentional misconduct.

ARTICLE V
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment.
Section 2. The Association shall have two (2) classes of voting membership:
Class A. Class A members shall be all Owners, with the exception of the Declarant and Developer, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot.
Class B. The Class B member shall be the Developer and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A on the happening of either of the following events, whichever first occurs:
(a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or
(b) The 31st day December, 1981, or
(c) At such time as the Developer in its sole discretion may determine and decide to relinquish control of the Association to the other Association unit holders by Jury and owners written notice of Developer's relinquishment of control.


ARTICLE VI
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Developer for each lot owned within the properties, hereby covenants, and each owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association:
(1) annual assessments or charges, and
(2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided.
The annual and special assessments, together with interest costs and reasonable attorney's fees, shall be a charge on the lot or lots owned by the member of the Association and shall be a continuing lien upon his lot or lots against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. In order to promote civic betterment and social improvements for the common good of this community, the assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvements and maintenance of the Common Area.
Section 3. Maximum Annual Assessment. Until January 1, 1980 the maximum monthly assessment shall be Seventy-five Dollars ($75.00) per lot.
(a) From and after January 1, 1980 the maximum annual assessment may be increased either five percent (5%) of the maximum assessment for the previous year or a percentage equal to the average rate of change of the Consumer Price Index for the most recent past twelve (12) months without a vote of the membership.The CPI for the purpose herein is the CPI compiled by the Bureau of Business and Economic Research at the Arizona State University which is sponsored by the First National Bank of Arizona or its successor. The term "Average CPI" means the average of CPI for twelve of the months in the designated period of reference. If the CPI is revised, the computation shall be accomplished by the conversion of the revised index to the currant index in accordance with the ratio as compiled by the said Bureau. If the CPI is superseded, the index referred to herein is the one represented by the Bureau as reflecting most accurately changes in the purchasing power of the dollar for consumers in the local area.
(b) From and after January 1, 1980 the maximum annual assessment may be increased above the amounts indicated in Article VI Section 3(a) above by a vote of two thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the association may levy in any assessment year, a special assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, maintenance, repair or replacement of a capital improvement upon the Common Area or replacement of damaged or destroyed common elements where the owners or owners thereof have failed to replace or rebuild pursuant to Article VIII herein, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5 Notice and Quorum for any Action Authorized Under Section 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60 days) in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the proceeding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly or annual basis; Developer shall pay assessments on each lot owned by Declarant or Developer shown on any recorded subdivision plat which lot is intended for residential use. Should any home located on any such lot become occupied during Declarant’s ownership of said lot, Developer shall pay the full monthly assessment; for unoccupied homes and lots owned by Declarant, Developer shall pay an amount equal to one hundred percent (100%) of the regular monthly and special assessments for each lot so owned.
Section 7. Date of Commencement of Annual Assessments: Due Date.The annual assessments provided for herein shall commence as to each lot on the first day of the month following the conveyance of each home by the Developer. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at last thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. A properly executed Certificate of the Association as to the status of assessments on a lot is binding upon he Association as of the date of its issuance.
Section 8. Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment not paid with thirty (30) days after the due date shall bear interest from the due date at the rate of six percent (6%) per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or Abandonment of his lot.
(a) Enforcement by Suit. The Board may cause a suit at law to be commenced and maintained in the name of the Association against an Owner or Member to enforce each such assessment obligation. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon at the rate of six percent (6%) per annum from the date of delinquency, court costs, and reasonable attorneys’ fees in such amounts as the Court may adjudge against the delinquent Owner or Member.
(b) Enforcement By Lien. There is hereby created a claim of lien, with power of sale, on each and every Lot within the Property to secure payment to the Association of any and all assessments levied, against any and all Owners of such Lots covered by the declaration, together with interest thereon at the rate of six percent (6%) per annum from the date of delinquency, and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorneys' fees. At any time after the occurrence of any default in the payment of any such assessment, the Association, or any authorized representative may, but shall not be required to, make a written demand for payment to the defaulting Owner, on behalf of the Association. Said demand shall state the date and amount of the delinquency. Each default shall constitute a separate basis for a demand or claim of lien or a lien, but any number of defaults may be included within a single demand or claim of lien. If such delinquency is not paid within 10 days after delivery of such demand, or even without such a written demand being made, the Association may elect to file such a claim of lien on behalf of the Association against the Lot of the defaulting Owner. Such a claim of lien shall be executed and acknowledged by any officer of the Association, and shall contain substantially the following information:
1. The name of the delinquent Owner;
2. The legal description and street address of the Lot against which claim of Lien is made;
3. The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, collection costs, and reasonable attorneys' fees (with any proper offset allowed);
4. That the claim of lien is made by the Association pursuant to the Declaration, and
5. That a lien is claimed against said Lot in an amount equal to the amount stated.
Upon recordation of a duly executed original or copy of such a claim of lien, and mailing a copy thereof to said Owner, the lien claimed therein shall immediately attach and become effective in favor of the Association as a lien upon the Lot against which such Assessment was levied. Such a lien shall have priority over all liens or claims created subsequent to the recordation of the claim of lien thereof, except only tax liens for real property taxes on any Lot, assessments on any Lot in favor of any municipal or other governmental assessing unit, and the liens which are specifically described in Section 9 hereinafter. Any such lien may be foreclosed by appropriate action in court in the manner provided by law for the foreclosure of a realty mortgage or by the exercise of a power of sale in the manner provided by law under a trust deed, as set forth by the laws of the State of Arizona, as the same may be changed or amended. The lien provided for herein shall be in favor of the Association and shall be for the benefit of all other Lot Owners. The Association shall have the power to bid in at any foreclosure sale and to purchase, acquire, hold, lease, mortgage, and convey any Lot. In the event of such foreclosure, reasonable attorneys' fees, court costs, title search fees, interest and all other costs and expenses shall be allowed to the extend permitted by law. Each Owner, by becoming an Owner of a Lot hereby expressly waives any objection to the enforcement and foreclosure of this lien in this manner.
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinated to the lien of any first mortgage, and be subordinated to the lien of assessments imposed by the covenants, conditions and restrictions relating to any lot or residential unit which is sold in a single family detached development, townhouse development, or a condominium development with separate common area and a homeowners' association. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability or any assessments thereafter becoming due or from the lien thereof.

ARTICLE VII
ARCHITECTURAL CONTROL
Section 1. Organization, Power of Appointment and Removal of Members. There shall be an Architectural Committee, organized as follows:
(a) Committee Composition. The Architectural Committee shall consist of three regular members and two alternate members. None of such members shall be required to be an architect or to meet any other particular qualifications for membership. A member need not be, but may be, a member of the Board or an officer of the Association.
(b) Alternate Members. In the event of the absence or disability of one or two regular members of said Committee, the remaining regular member or members, even though less than a quorum, may designate either or both of the alternate members to act as substitutes for the absent or disabled regular member or members for the duration of such absence or disability.
(c) Initial Members. The following persons are hereby designated as the initial members of the Architectural Committee:
Office No. 1 - William R. Brunswick, Jr.
Office No. 2 - Dian Brunswick
Office No. 3 - Keith R Smith
The Board may act as the Architectural Committee if so determined by the majority vote of the members of the Association at a duly called meeting for this purpose.
(d) Terms of Office. Unless the initial members of the Architectural Committee have resigned or been removed, their terms of office shall be for a period of one year, or until the appointment of their respective successors. Thereafter, the term of each Architectural Committee member appointed shall be for a period of one year and until the appointment of his successor. Any new member appointed to replace a member who has resigned or been removed shall serve such member's unexpired term. Members who have resigned, been removed or whose terms have expired may be reappointed.
(e) Appointment and Removal. The right to appoint and remove all regular and alternate members of the Architectural Committee at any time, shall be and is hereby vested solely in the Board, provided however, that no regular or alternate member may be removed from the Architectural Committee by the Board except by the vote or written consent of fifty-one percent (51%) of all of the members of the Board. Exercise of the right of appointment and removal, as set forth herein, shall be evidenced by the recordation of a declaration identifying each new regular or alternate member appointed to the Committee and each regular or alternate member replaced or removed therefrom.
(f) Resignations. Any regular or alternate member of the Architectural Committee may at any time resign from the Committee by giving written notice thereof to Declarant or to the Board, whichever then has the right to appoint Committee members.
(g) Vacancies. Vacancies on the Architectural Committee, however caused, shall be filled by the Declarant or the Board, whichever then has the power to appoint Committee members. A vacancy or vacancies on the Architectural Committee shall be deemed to exist in case of the death, resignation or removal of any regular or alternate member.
Section 2. Duties. It shall be the duty of the Architectural Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof, to adopt Architectural Committee Rules, to perform other duties delegated to It by the Board, and to carry out all other duties imposed upon it by this Declaration.
Section 3. Meetings and Compensation. The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder. Subject to the provisions of Paragraph B of Section 1 above, the vote or written consent of any two regular members, at a meeting or otherwise, shall constitute the act of the Committee unless the unanimous decision of the Committee is required by any other provision of this Declaration. The Committee shall keep and maintain a written record of all actions taken by it at such meetings or otherwise. Members of the Architectural Committee shall not be entitled to compensation for their services.
Section 4. Architectural Committee Rules. The Architectural Committee may, from time to time and in its sole and absolute discretion, adopt, amend and repeal, by unanimous vote or written consent, rules and regulations, to be known as "Architectural Committee Rules". Said Rules shall interpret and implement this Declaration by settling forth the standards and procedures for Architectural Committee review and the guidelines for architectural design, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features which are recommended for use within the Property.
Section 5. Waiver. The approval by the Architectural Committee of any plans, drawings or specifications for any work done or proposed, or for any other matter requiring the approval of the Architectural Committee under this Declaration, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawling specification or matter subsequently submitted for approval.
Section 6. Liability. Neither the Architectural Committee nor any member thereof shall be liable to the Association, any Owner, or to any other party, for any damage, loss or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings, or specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, (c) the development of any Property, or (d) the execution and filing of any estoppel certificate, whether or not the facts therein are correct; provided, however, that with respect to the liability of a member, such member has acted in good faith on the basis of such information as may be possessed by him. Without in any way limiting the generality of any of the foregoing provisions of this Section, the Architectural Committee, or any member thereof may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications, or any other proposal submitted to the Architectural Committee.
Section 7. Time for Approval. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been compiled with.

ARTICLE VIII
USE RESTRICTIONS
Section 1. Permitted Uses and Restrictions - Commercial. The permitted uses, easements, and restrictions for all Property covered by this Declaration, shall be as follows:
(a) SINGLE FAMILY RESIDENTIAL USE. All Property shall be used, improved and devoted exclusively to Single Family Residential use. No gainful occupation, profession, trade or other non-residential use shall be conducted on any such Property. No structure whatever, other than one private single family residence, together with a private garage for not more than two (2) cars, shall be erected, placed or permitted to remain on any Lot. Lots owned by Declarant may be used as model homes, and for sales and construction offices for the purpose of enabling Developer to sell Lots within the Property, until such time as all of the Lots owned by Declarant have been sold to public purchasers.
(b) ANTENNAS. No antenna or other device for the transmission or reception of television or radio signals or any other form of electromagnetic radiation shall be erected, used or maintained outdoors on any Property whether attached to a building or structure or otherwise, unless approved by the Board.
(c) UTILITY SERVICE. No lines, wires, or other devices for the communication or transmission of electric current or power, including telephone, television, and radio signals shall be erected, placed or maintained anywhere in or upon any Property unless the same shall be contained in conduits or cables installed and maintained underground or concealed in, under or on buildings or other structures approved by the Architectural Committee. No provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of buildings or structures approved by the Architectural Committee.
(d) IMPROVEMENTS AND ALTERATIONS. No improvements, alterations, repairs, excavation or other work which in any way alters the exterior appearance of any Property or the improvements located thereon from its natural or improved state existing on the date such Property was first conveyed or transferred by Declarant to a Public Purchaser shall be made or done without the prior approval of the Architectural Committee, except as otherwise expressly provided in this Declaration. No building, fence wall, or other structure shall be commenced, erected, maintained, improved, altered, made or done without the prior written approval of the Architectural Committee or any committee established by the Architectural Committee for the purpose. Pursuant to its rule making power, the Architectural Committee shall establish a procedure for the preparation, submission and determination of applications for any such alteration or improvement. The Architectural Committee shall have the right to refuse to approve any plans or specifications or grading plan, which are not suitable or desirable, in the opinion, for aesthetic or other reasons, and in so passing upon such plans, specifications and grading plans, and without any limitation of the foregoing, it shall have the right to take into consideration the suitability of the proposed building or other structure, and of the materials of which it is to be built, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from the adjacent or neighboring Property. All subsequent additions to or changes or alterations in any building, fence, wall or other structure, including exterior color scheme and building materials, shall be subject to the prior approval of the Architectural Committee. No changes or deviations in or from such plans and specifications once approved shall be made without the prior written approval of the Architectural Committee. All decisions of the Architectural Committee shall be final and no Lot Owner or other parties shall have recourse against the Architectural Committee or any of its members, for or with respect to any decision made in good faith.
(e) MAINTENANCE OF LAWNS AND PLANTINGS. In addition to the maintenance which the Association shall perform pursuant to Section 2 below the Association shall maintain the lawns and plantings on all Common Areas, and for this purpose, Developer and the Association shall have the right, at any time, to plant, replace, maintain and cultivate landscaping, shrubs, trees, grass and plantings on any Common Area and on such easements over an owner's lot as may have been granted to Declarant or the Association, regardless of whether any Owner of the Association is responsible here under for maintenance of such areas. No owner shall remove, alter, injure or interfere in any way with any landscaping, shrubs, trees, grass or plantings placed upon any Common Area by Developer or the Association without the written consent of the Association having first been obtained. The Association or its authorized agents shall have the right to enter upon any Lot, at any reasonable time, for the purpose of planting, replacing, maintaining or cultivating such landscaping, shrubs, trees, grass or plantings in the Common Area, and shall not be liable for trespass for so doing.
(f) REPAIR OF BUILDINGS. No improvement upon any property shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. The Association shall have the right, after thirty (30) days notice to an Owner, to repair, paint, or otherwise maintain the exterior of any improvement (and without notice in the event of an emergency) which the Association, acting through its Board, determines in its discretion is in violation of this provision. All costs and expenses, including reasonable attorneys' fees, incurred by the Association shall be borne by the Owner, and shall be paid to the Association on demand plus interest at the rate of six percent (6%) from ten (10) days after said demand until paid in full. Any sum not paid by an Owner may be treated as an assessment and collected in a like manner as assessments levied pursuant to Article VI.
(g) TRASH CONTAINERS AND COLLECTION. No garbage or trash shall be placed or kept on any property except in covered container. In no event shall such container be maintained so as to be visible from neighboring property except to make the same available for collection and, then, only the shortest time reasonably necessary to effect such collection. All rubbish, trash, or garbage shall be removed from the Lots and shall not be allowed to accumulate thereon. No incinerators shall be kept or maintained on any Lot.
(h) OVERHANGS. No tree, shrub, or planting of any kind on any property shall be allowed to overhang or otherwise to encroach upon any Common Area from ground level to a height of twelve (12) feet, without the prior approval of the Architectural Committee.
(i) MACHINERY AND EQUIPMENT. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any property except such machinery or equipment as is usual and customary in connection with the use, maintenance or construction of buildings, improvements or structures which are within the permitted uses of such property, and except that which Declarant or the Association may require for the operation and maintenance of the Common Area.
(j) RESTRICTION ON FURTHER SUBDIVISION. No Lot shall be further subdivided or separated into smaller lots or parcel by any Owner, and no portion less than all of any such Lot, nor any easement or other interest therein, shall be conveyed or transferred by any Owner, without the prior written approval of the Board. No lot may be converted into a condominium or cooperative or other similar type of entity without the prior written approval of the Board. This provision shall not, in any way, limit Declarant from subdividing or separating into smaller lots or parcels any Property owned by Declarant.
(k) SIGNS. No sign (other than a name and address sign not exceeding 9" x 30" in size) of any nature, shall be permitted on any lot; provided, however, that one sign of not more than five square feet may be temporarily erected or placed on a lot for the purpose of advertising the property for sale or rent; and provided further the builder may erect any signs during construction; and provided further, this restriction shall not apply to the Association in furtherance of its powers and purposes herein set forth.
(l) UTILITY EASEMENTS. There is hereby created a blanket easement upon, across, over and under the above described property for ingress, egress, installaion, replacing, repairing and maintaining all utility and service lines and systems, including, but not limited to, water, sewers, gas, telephones, electricity, television cable or communication lines and systems, etc. By virtue of this easement, it shall be expressly permissible for the providing utility or service company to install and maintain facilities and equipment on said Property and to affix and maintain wires, circuits and conduits on, in and under the roofs and exterior walls of said Property. Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines, water lines, or other utilities or service lines may be installed or relocated on said Property except as initially developed and approved by the Declarant or thereafter approved by the Board. This easement shall in no way affect any other recorded easements on said Property. This easement shall be limited to improvements as originally constructed.
(m) ANIMALS. No animals, birds, fowl, poultry, or livestock, other than a reasonable number of generally recognized house or yard pets, shall be maintained on any Property covered by this Declaration and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes. No animal, bird, fowl, poultry or livestock shall be allowed to make an unreasonable amount of noise, or to become a nuisance. No structure for the care, housing or confinement of any animal, bird, fowl, poultry, or livestock shall be maintained so as to be visible from neighboring Property. Upon the written request of any Owner, the Board shall conclusively determine, in its sole and absolute discretion, whether, for the purposes of this paragraph, a particular animal, bird, fowl, poultry, or livestock is a generally recognized house or yard pet, or a nuisance, or whether the number of animals or birds on any such property is reasonable. Any decision rendered by the Board shall be enforceable as other restrictions contained herein.
(n) TEMPORARY OCCUPANCY. No trailer, basement of any incomplete improvement, building, tent, shack, garage or barn, and no temporary improvement of any kind shall be used at any time for a residence on any Property either temporary or permanent. Temporary buildings or structures used during the construction of a dwelling on any such Property shall be removed immediately after the completion of construction.
(o) TRAILERS AND MOTOR VEHICLES. No mobile home, motor-home, boat, recreational vehicle, trailer of any kind, truck, camper, permanent tent, or similar structure shall be kept, placed, maintained, constructed, reconstructed or repaired, nor shall any motor vehicle be constructed, reconstructed or repaired, upon any Association Property; provided, however, that the provisions of this paragraph shall not apply to emergency vehicle repairs or temporary construction shelters or facilities maintained during, and used exclusively in connection with, the construction of any improvement approved by the Architectural Committee. Garages shall be used for parking vehicles and storage purposes only, and shall not be converted for living or recreational activities without the written consent of the Architectural Committee. Except as provided above, only automobiles in operating condition shall be parked in uncovered parking areas.
(p) NUISANCES. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Property, and no odors shall be permitted to arise therefrom, so as to render any such Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other Property in the vicinity thereof or to its occupants. No nuisance shall be permitted to exist or operate upon any such Property so as to be offensive or detrimental to any other Property in the vicinity thereof or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on any such Property. The Board in its sole discretion shall have the right to determine the existence of any such nuisance. No motorcycles or motor driven vehicles (except lawn maintenance equipment) shall be operated on any walkways or sidewalks within the Property.
(q) CLOTHES DRYING FACILITIES. Outside clotheslines or other outside facilities for drying or airing clothes shall not be erected, placed or maintained on any Property unless they are erected, placed and maintained exclusively within a fenced service yard or otherwise concealed and shall not be visible from neighboring property
(r) MINERAL EXPLORATION. No Property shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth, or any earth substance of any kind.
(s) DISEASES AND INSECTS. No Owner shall permit anything or condition to exist upon any Property which shall induce, breed or harbor infectious plant diseases or noxious insects.
(t) PARTY WALLS AND FENCES. The rights and duties of Owners with respect to Party Walls or Party Fences shall be as follows:
(l) The Owners of contiguous Lots who have a Party Wall or Party Fence shall both equally have the right to use such wall or fence, provided that such use by one Owner does not interfere with the use and enjoyment of said by the other Owner.
(2) In the event that any Party Wall or Party Fence is damaged or destroyed through the act of an Owner or any of his agents or guests or members of his family (whether or not such act is negligent or otherwise culpable), it shall be the obligation of such Owner to rebuild and repair the Party Wall or Party Fence without cost to the other adjoining Lot Owner or Owners.
(3) In the event any such Party Wall or Party Fence is destroyed or damaged (including deterioration from ordinary wear and tear and lapse of time), other than by the act of an adjoining Owner, his agents, guests or family, it shall be the obligation of all Owners whose Lots adjoin such wall or fence to rebuild and repair such wall or fence at their joint and equal expense.
(4) Notwithstanding anything to the contrary herein contained, there shall be no impairment of the structural integrity of any Party Wall or Party Fence without the prior consent of all Owners of any interest therein, whether by way of easement or in fee.
(5) In the event of a dispute between Owners with respect to the construction, repair or rebuilding of a Party Wall or Party Fence, or with respect to the sharing of the cost thereof, such adjoining Owners shall submit the disputes to the Board, the decision of which shall be binding.
(6) Each Owner shall permit the Owners of adjoining Lots, or their representative, when reasonably required, to enter his Lot for the purpose of repairing or maintaining a Party Wall or Party Fence or for the purpose of performing installations, alterations or repairs to the Property of such adjoining Owners, provided that requests for entry are made in advance and that such entry is at a time reasonably convenient to the Owner. In case of an emergency, such right of entry shall be immediate. An adjoining Owner making entry pursuant to the terms of this paragraph shall not be deemed guilty of trespass by reason of such entry.
(7) Surfaces of Party Walls or Party Fences on Property which are generally accessible or viewable from only the adjoining Property may be planted against, painted, maintained and used by the adjoining Owners. If such surfaces are viewable from public streets on the Common Area, the color scheme shall not be changed without the written consent of the Architectural Committee.
(8) In the event that any of the subdivision perimeter fencing is damaged or destroyed, it shall be the obligation of the Owner to rebuild and or repair such perimeter fence so that the exterior surface will match in material and color the surface of the perimeter fence of the subdivision.
(u) DRAINAGE EASEMENT. There is hereby created a blanket easement for drainage of groundwater on, over and across the property. No owner shall obstruct, divert alter or interfere in any way with the drainage of groundwater upon, across or over any portion of the Property. Each Owner shall at his own expense maintain the drainage ways and channels on his Lot in proper condition free from obstruction. The Association shall have the right, after thirty (30) days notice to an Owner, to repair or otherwise maintain the drainage way or channel on said Owner's Lot, which the Association, acting through its Board, determines has not been maintained by the Owner in compliance with this provision. All costs and expenses, including reasonable attorney's fees incurred by the Association shall be borne by the Owner, and shall be paid to the Association on demand, plus interest at the maximum lawful rate for contracting parties from ten (10) days after said demand until paid in full. Any sum not paid by an Owner may be treated as an assessment and collected in like manner as assessments levied pursuant to Article VI.
(v) EASEMENT FOR SUBSEQUENT CONSTRUCTION. There is hereby created an easement running in favor of Declarant, and its beneficiary, the Developer, the Declarant's successors and assigns and its or their agents, employees, or independent contractors, to enter upon any portion of the Property for the purpose of constructing or installing improvements upon any additional land annexed to the Property pursuant to the terms of Article IX, Section 5 of this Declaration.
(w) DECLARANT'S EXEMPTION. Nothing contained in this Declaration shall be construed to prevent the erection or maintenance by Declarant, and/or Developer, or its duly authorized agents, of improvements or signs necessary or convenient to the development or sale of Lots and the Property.
(x) RENTAL RESTRICTION. No owner of a Lot shall rent or lease such Lot, provided that any Owner who is currently renting or leasing his/her/their/its Lot, as of the date of adoption of this provision, may continue renting or leasing his/her/their/its Lot, except that such right to continue to rent or lease the Lot shall terminate as soon as the first of the following was to occur: (1) the transfer of title of the Lot by the person(s) who are Owners at the time of adoption of this provision; or (2) the Owner(s) renting or leasing the Lot ceases to rent or lease the Lot for more than three consecutive months.
Any Owner of a Lot that is being rented or leased shall provide the Board of Directors with documentation of each such existing tenancy within thirty (30) days of adoption of this provision or the date of commencement of the tenancy, whichever is earlier, and thereafter with documentation of each new tenancy within thirty (30) days of commencement of each such tenancy. Such documentation shall include the names and telephone numbers of the tenants and the term of the tenancy. It shall be the responsibility of the Owner(s) to provide the tenants with current copies of the declaration of convenants, conditions and restrictions, by-laws and rules and regulations and amendments thereto.
The Board of Directors may permit a Lot Owner to lease his/her/their/its Lot for a reasonable period of time whenever, in its opinion, such action may be necessary or desirable to alleviate a hardship resulting from death, extended illness, transfer or other similar cause.
Section 2. Permtted Uses and Restrictions - Common Area. The permitted uses and restrictions for Common Area shall be as follows:
A. PERMITTED USES - In general, the Common Area shall be used for the benefit of the Owners, for the furnishing of services and facilities for which the same are reasonably intended and for the enjoyment to be derived from such reasonable and proper use, without hindering the exercise of or encroaching upon the right of any other Owner to utilize the Common Area, provided that no unlawful use shall be permitted.
B. RESTRICTED USES.
(1) The Common Area shall not be used by Owners for storage of supplies, materials or personal property of any kind.
(2) In general, no activity shall be carried on nor condition maintained by any Owner upon the Common Area which spoils the appearance of the Property or hinders or encroaches upon the right of any other Owner to utilize the Common Area as reasonably intended.
C. MAINTENANCE BY ASSOCIATION. The Association may, at any time, as to any Common Area, conveyed, leased, or transferred to it, or otherwise placed under its jurisdiction, in the discretion of the Board, without any approval of the Owners being required:
(1) Reconstruct, maintain, repair, replace or refinish any improvement or portion thereof upon any such area (to the extent that such work ls not done by a governmental entity, if any, responsible for the maintenance and upkeep of such area) in accordance with (a) the last plans thereof approved by the Board, (b) the original plans for the improvement, or (c) if neither of the foregoing is applicable and if such improvement was previously in existence, then in accordance with the original design, finish or standard of construction of such improvement as same existed:
(2) Construct, reconstruct, repair, replace or refinish any road improvement or surface upon any portion of such area used as a road, street, walk, and parking area;
(3) Replace injured and diseased trees or other vegetation in any such area, and plant trees, shrubs and ground cover to the extent that the Board deems necessary for the conservation of water and soil and for aesthetic purposes;
(4) Place and maintain upon any such area such signs, markets and lights aa the Board may deem appropriate for the proper identification, use and regulation thereof subject to the approval of the Architectural Committee;
(5) Remove all papers, debris, filth and refuse from the Common Area and wash or sweep paved areas aa required; clean and relamp lighting fixtures aa needed;
(6) Repaint striping, markers, directional signs, etc., as necessary;
(7) Pay all real estate taxes and assessments on the Common Area;
(8) Pay all electrical, water, gas and other utility charges or fees for services furnished to the Common Area;
(9) Pay for and keep in force at the Association’s expense public liability insurance in companies acceptable to the Association in amounts and with limits of liability desired by the Owners or required of the Owners pursuant to any other recorded document affecting the Property, such insurance to name the Association or the Owners or both as named insureds;
(10) Do all such other and further acts which the Board deems necessary to preserve and protect the Common Area and the beauty thereof, in accordance with the general purposes specified in this Declaration;
(11) The board shall be the sole judge as to the appropriate maintenance of all grounds within the Common Area; and
(12) Nothing herein shall be construed so as to preclude the Association from delegating its powers set forth above to a manager or agent or to other persons, firms or corporation.
D. DAMAGE OR DESTRUCTION OF COMMON AREA BY OWNERS. In the event any Common Area is damaged or destroyed by an Owner or any of his guests, tenants, licensees, or agents, such Owner does hereby authorize the Association to repair said damaged area, and the Association shall so repair said damaged area in a good workmanlike manner in conformance with the original plans and specifications of the area involved, or as the area may have been modified or altered subsequently by the Association, at the discretion of the Association The amount necessary for such repairs shall be paid by said Owner, upon demand, to the Association and provided elsewhere in this Declaration for collection and enforcement of assessments.

E. FAILURE TO MAINTAIN PLANTERS. If the Association fails to maintain those planter areas within the street right of way, the City of Phoenix has the right to remove them.

ARTICLE IX
INSURANCE
Section 1. Authority to Purchase. All Insurance policies upon the subject property shall be purchased by the Association for the benefit of the Association and the Association unit Owners and their mortgagees as their interests may appear, and provisions shall be made for the issuance of certificates of mortgagee endorsement to the mortgagees of association unit owners. Such policies and endorsements thereon shall be deposited with the Association. Association unit owners may obtain insurance coverage at their own expense upon their own personal property and for their personal lability and living expense, and the Developer may also obtain casualty insurance on the portion of the Association structures such as, but not limited to, common areas and any other insurable interest developer as chooses to insure.
Section 2. Coverage.
A. Casualty. All buildings and improvements upon the land (including such interior walls as were originally constructed) and all personal property included in the common elements shall be insured by the Association in an amount equal to the maximum insurable replacement value, as determined annually by the Board of Directors of the Association. Such coverage shall afford protection against:
1. Loss or damage by fire and other hazards covered by the standard extended coverage endorsement, and
2. Such other risks as from time to time shall be customarily covered with respect to buildings on the land, including but not limited to vandalism and malicious mischief.
3. Public Liability in a minimum amount of $500,000.00 and in such higher amounts and with such coverage as shall be required by the Board of Directors of the Association, including, but not limited to, hired automobile and non-owned automobile coverages, and with cross liability endorsement to cover liabilities of the Association unit Owners as a group to an Association unit Owner.
4. Workmen's compensation policy to meet the requirements of law.
5. Such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable.
B. The said insurance policy purchased by the Association shall, to the extent possible, contain the following provisions:
1. That the coverage afforded by said policy shall not be brought into contribution or proration with any insurance which may be purchased by Association Unit Owners or their mortgagees;
2. That the conduct of any one or more Association Unit Owner or owners shall not constitute grounds for avoiding Liability on said policy;
3. That any "no other Insurance" clause should exclude insurance purchased by Association Unit Owners or their mortgagees;
4. That there shall be no subrogation with respect to the Association, its employees, Association Unit Owners and members of their household or, alternatively, such insurance should name said persons as additional insureds.
Section 3. Premiums. Premiums upon insurance policies purchased by the Association shall be paid by the Association as a common expense.
Section 4. Insurance Trustee; Shares of Proceeds. All Insurance policies purchased by the Association shall be for the benefit of the Association and the Association Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property losses shall be paid to the association. Notwithstanding anything herein to the contrary, including any provision for a mortgagee, the Association shall hold all insurance proceeds collected by it in trust for rebuilding the damaged common elements and Association Unit buildings. The Association or its agents shall have exclusive authority to negotiate with the insurance carrier to adjust losses, make settlements and give releases to the insurance carrier and to collect monies from the insurance carrier.
It shall be the individual responsibility of each Owner to provide, as he or she sees fit, homeowners liability insurance, and theft or other insurance covering personal property damage and loss.
In the event of damage or destruction to the property by fire or other casualty, the Board of Directors shall, upon receipt of the insurance proceeds, contract to rebuild or repair such damaged or destroyed portions of the property to as good condition as formerly. All such insurance proceeds shall be deposited in a bank or other financial institution, the accounts of which bank or other financial institution are insured by a Federal governmental agency, with the provision agreed to by said bank or institution that such funds may be withdrawn only by signature of at least 1/3 of the members of the Board of Directors' or by an agent duly authorized by the Board of Directors. The Board of Directors shall contract with any licensed contractor, who shall be required to provide a full performance and payment bond for the repair, reconstruction or rebuilding of such destroyed building or buildings. In the event the insurance proceeds are insufficient to pay all the costs of repairing and/or rebuilding to the same condition aa formerly, the Board of Directors shall levy a special assessment against the Association Unit Owners whose association unit building way damaged to make up any such deficiency, provided, however, that the special assessment shall be levied equally against all Association Unit Owners to make up any deficiency for repair or rebuilding of the common elements not a physical part of an association unit. The proportion of said deficiency which shall be assessed against each said damaged association unit shall be in the same proportion that the cost of repair of each said Association unit bore to the total cost of repairs required to be made to the Association building which was damaged. In the event such insurance proceeds exceed the coat of repair and reconstruction such excess shall be paid over to the respective mortgagees and Owners as their interest may then appear. Such payments shall be made to all such Owners and their mortgagees in proportion to their undivided interests if attributable to damage to the common elements.
Section 5. Assessments. If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction and repair by the Association, or if at any time during reconstruction and repair, or upon completion of reconstruction and repair, the funds for the payment of the costa thereof are insufficient, assessments shall be made against the unit Owners pursuant to the provisions of Section 4, paragraph 3. All said special assessments shall be paid within 60 days from the date of levy and may be enforced by foreclosure.
Section 6. Plans and Specifications. Any reconstruction or repair must be substantially in accordance with the plans and specifications for the original building, or if not, then according to plans and specifications approved by the Board of Directors of the Association, and if the damaged property ls an Association building, by the Owners of all damaged property therein, which approvals shall not be unreasonably withheld.
Section 7. Responsibility. As to damage which is only to those parts of an Association Unit for which the responsibility of maintenance and repair is that of the Association Unit Owner, the Association Unit Owner shall be responsible for reconstruction and repair after casualty. In all other instances, the responsibility of reconstruction and repair after casualty shall be that of the Association; provided, however, that portions of an Association Unit, the responsibility for the maintenance of which are the Association Unit Owners and which were originally built in said Association, shall be restored by the Association if the particular loss is covered by the insurance provided by the Association.
ARTICLE X
GENERAL PROVISIONS
Section 1. The Declaration. By acceptance of a deed or by acquiring any ownership interest in any of the real property included within this Declaration, each person or entity, for himself or itself, his heirs, personal representatives, successors, transferees and assigns, binds himself, his heirs, personal representatives, successors, transferees and assigns, to all of the provisions, restrictions, covenants, conditions, rules, and regulations now or hereafter imposed by this Declaration and any amendments thereof. In addition, each such person by ao doing hereby acknowledges that this Declaration sets forth a general scheme for the improvement and development of the real property covered thereby and hereby evidences his interest that all the restrictions, conditions, covenants, rules and regulations contained herein shall run with the land and be binding on all subsequent and future Owners, grantees, purchasers, assignees, and transferees thereof. Furthermore, each such person fully understands and acknowledges that this Declaration shall be mutually beneficial, prohibitive and enforceable by the various subsequent and future owners.
Section 2. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do ao thereafter.
Section 3. Severability. Invalidation of any one of these covenants or restrictions by Judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.
Section 4. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be extended for successive periods of ten (10) years. This declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety (90%) percent of the lot Owners, and thereafter by an instrument signed by not leas than seventy-five (75%) percent of the lot Owners. Any amendment must be recorded.
Section 5. Annexation.
(a) Additional residential property and Common Area may be annexed to the properties with the consent of two-thirds (2/3) of each class of membes, except as provided in Subparagraph (b) below.
(b) Additlonal residential property contiguous to NORTHRIDGE VILLAGE ASSOCIASION I and Common Area may be annexed by Declarant without the consent of Class A members within flve (5) years of the date of this instrument.
Section 6. Notices provided for in these Restrictions shall be in writing and shall be addressed to the last known address of the lot owner in the files of NORTHRIDGE VILLAGE ASSOCIATION I. Notices shall be deemed delivered when mailed by United States Registered or Certified Mail addressed to the lot owner at such address or when delivered in person to such owner.
IN WITNESS WHEREOF, ARIZONA TITLE INSURANCE AND TRUST COMPANY, an Arizona corporation, as Trustee, has caused its corporate name to be signed and its corporate seal to be affixed by the undersigned officer thereunto duly authorized this 6th day of December, 1978.

ARIZONA TITLE INSURANCE AND TRUST COMPANY, an Arizona corporation, as Trustee
8Y: Barbara Clayton, Trust Officer.
STATE or ARIZONA ) ss.
COUNTY OF Maricopa )
On this the 6 day of December, 1978, before me, the undersigned Notary Pubic, personally appeared Barbara Clayton, who acknowledged herself to be the Trust Officer of ARIZONA TITLE INSURANCE AND TRUST COMPANY, an Arizona corporation, as Trustee, and that she being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation, as Trustee, by herself as such officer.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires: 9/8/80
Signed: Gaylin E. McCue, Notary Public
APPROVED AS TO FORM:
Brunswick Construction Inc.,
An Arizona Corporation
Recorded: December 6, 1978

Docket: 13316
Page: 199-217
County Recorder, State of Arizona, County of Maricopa

Amended: _______________________________________________________________
Lynn Wiletsky, President, Northridge Village Homeowners Association, December 1, 2006

BYLAWS
OF
NORTHRIDGE VILLAGE HOMEOWNERS ASSOCIATION

ARTICLE I Section 1. Home Office. The home office of the Corporation shall be at Phoenix, Maricopa County, Arizona, but offices may be maintained elsewhere and meetings of the Board of Directors and of the Members may be held at any place to the same effect as though held at the home office.

Section 2. Corporate Seal. The use of a seal shall not be required on any instrument whatsoever, but in the discretion of the officers a seal may be used in either of the following forms: (a) a circle having on the circumference thereof “CORPORATE SEAL” and in the center “ARIZONA” or (b) a circle having in the center “INCORPORATED 1978 ARIZONA” and on the circumference thereof “NORTHRIDGE VILLAGE HOMEOWNERS ASSOCIATION.”

ARTICLE II
MEMBERS’ MEETINGS

Section 1. Annual Meeting. Annual meetings of the Members of the Association shall be held on the first Wednesday of September after Labor Day, each year or on the next succeeding Wednesday of if such day be a holiday. Such meetings shall be held at the home office of the Association or at such place as may be specified in the notice of meeting. Not less than twenty (20) days’ written notice of the annual meeting shall be given by the Secretary by mail.

Section 2. Special Meetings. Special meetings of the Members may be held at any place upon call of the President, the Secretary or the Board of Directors. Unless a greater notice be required by law, seven (7) days’ notice must be given for special meetings. Notice of such meetings may be waived by any Member, and such notice will be conclusively deemed to have been waived by any member who is actually present.

Section 3. Quorum. At any meeting of the Members, a quorum shall be considered present if the holders of a majority of the voting power of the Association are present, either in person or by proxy, and in the absence of a quorum, the meeting shall be adjourned from time to time until a quorum shall be present.

Section 4. Voting. At any meeting of the Members, each Member shall be entitled to the voting power indicated in the Articles of Incorporation. Voting may be in person or by proxy. The Directors may fix a record day any number of days not exceeding seven (7) in advance of a Members’ meeting, but in the absence of a determination of a record day, the day of the meeting shall be the record day. The person entitled to vote such membership shall be determined under the provisions of Article IV of the Articles of Incorporation, as of the record day.

ARTICLE III
BOARD OF DIRECTORS

Section 1. Number of Directors. The Board of Directors shall consist of five (5) persons.

Section 2. Qualification and Election of Board of Directors. At each annual meeting of Members, Directors shall be elected to serve until the next annual meeting of Members, or until their successors shall be duly elected or appointed. Directors may be elected to succeed themselves.

Section 3. Vacancies. In case of a vacancy of the Board of Directors, occurring otherwise than through expiration of term, the remaining Directors shall appoint a person to serve until the next annual meeting of Members. The failure of the Board of Directors to fill vacancies in their own number shall not operate to reduce the size of the Board of Directors, but the Directors actually in office shall at any time constitute the Board of Directors, provided, however, that should the number of Directors actually in office fall below three (3), the remaining Directors shall be without power to take any action except to fill vacancies in their number.

Section 4. Power and Duties. It shall be the duty of the Board of Directors to elect from its own membership or otherwise the officers of the Association, who shall serve at its pleasure, and to give general oversight to the affairs and business of the Association.

Section 5. Meetings. Annual meetings of the Board of Directors shall be held immediately following each annual meeting of the Members. No notice of such meeting shall be required.

Section 6. Other Regular Meetings. The Board may fix a regular meeting day, monthly, quarterly or otherwise, and when such day be fixed, no notice of regular meetings held on such day shall be required.

Section 7. Special Meetings. Special meetings of the Board of Directors may be held at any time and at any place upon twenty-four (24) hours’ notice by the President or the Secretary. Notice of such meetings may be waived by any Director, and such notice will be conclusively deemed to have been waived by any Director who is actually present.

Section 8. Quorum. A majority of the whole number of Directors then in office shall constitute a quorum.

ARTICLE IV
OFFICERS

Section 1. Chairman of the Board. The Chairman of the Board, if one be elected, shall preside at all Board meetings.

Section 2. President. The President shall have immediate charge of the conduct of the business of the Association. He shall sign all contracts, leases and other instruments, shall preside at all meetings of Members, and shall perform such other duties as the Board shall direct.

Section 3. Vice President. In the absence of the President, the Vice President shall have all powers and perform all his duties.

Section 4. Treasurer. The Treasurer shall have custody of the books of account of the Association and shall see that they are properly kept. The Treasurer shall be the sole Association officer with power or authority to collect, account for or pay over any tax imposed by an Federal, state or city government or governmental authority.

Section 5. Secretary. The Secretary shall see that the minutes of all meetings of the Members and Directors are properly preserved and kept.

Section 6. Assistants. The Board of Directors may from time to time name any number of Assistant Secretaries, and any number of Assistant Treasurers. Such Assistants shall have such duties as may be assigned to them, and, each shall have, in the absence of his principal, the powers and duties thereof of such principal, save and except only that no Assistant Secretary shall have any power whatsoever save and except only the power to certify to the correctness of copies of resolutions of the Board of Directors of the Association and to attest to the execution of instruments by the President or a Vice President of the Association. No Assistant Treasurer shall have any power or authority to collect, account for or pay over any tax imposed by an Federal, state or city government or governmental authority.

Section 7. Combination of Officers. In the discretion of the Board of Directors, any person may be named to more than one office, and any office may remain unfilled for any period. The President may not serve concurrently as Vice President, however.

Section 8. Additional Offices and Officers. The Board of Directors may create additional offices, may appoint additional officers, may fix the duties of all officers in such manner as it sees fit (subject only to these Bylaws), and may delegate to any officer any of the duties and responsibilities herein cast upon another officer.

ARTICLE V
AMENDMENTS

Section 1. Amendments. These Bylaws may be amended, modified, repealed or superseded at ay time by a majority vote of the Board of Directors.

ARTICLE VI
POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 1. General. The powers and duties of the Board of Directors outlined herein shall be in addition to those powers and duties which generally obtain with respect to boards of directors of corporation, whether profit or nonprofit.

Section 2. Powers. The Board of Directors shall have power to:
Adopt and publish rules and regulations governing the use of the common area and facilities and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof;
Take any action in any way permitted the Association or it’s Board of Directors, under the Articles of Incorporation of the Association, these Bylaws, or the Declaration of Covenants, Conditions and Restrictions recorded in (Docket) records of Maricopa County, Arizona, unless any such matters are exclusively reserved to the membership by other provisions of said documents;
Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of directors; and
Employ a manager, an independent contractor, or such other employees as they deem necessary, and prescribe their duties.

Section 3. Duties. It shall be the duty of the Board of Directors to fulfill the functions entrusted to it under the aforesaid Declaration, Articles of Incorporation, and Bylaws including (but without limitation) fixing assessments and notifying owners thereof, foreclosing liens, procuring and maintaining adequate insurance, causing employees with fiscal responsibilities to be bonded, and attending to the maintenance of the common areas.

Section 4. Independent Contractors. Notwithstanding the powers and duties placed upon the Board of Directors and the officers pursuant to other provisions of the Bylaws, the Board of Directors has the right and the authority to enter into management contracts with individuals or corporations providing management contracts with individuals or corporations providing for the management of the condominium providing for the management company to perform all the ministerial duties placed on the Board of Directors and the officers, including the duties of computing assessments, collecting assessments, maintaining books and records, and maintaining a checking account on behalf of the Association wherein the funds of the Association are kept.

ADOPTED by the Board of Directors of NORTHRIDGE VILLAGE HOMEOWNERS ASSOCIATION at Phoenix, Arizona, the 6th day of March,1984
/s/___________________________ /s/__________________________
/s/___________________________ /s/__________________________
/s/___________________________ DIRECTORS

BOARD OF DIRECTORS:
The Board of Directors (“Board”) alone shall direct the day-to-day business of Northridge Village Homeowners Association (“Association”).
The Board is composed of five (5) members elected at the annual meeting. Any owner is eligible to become a Board member provided 1) that such owner is current on maintenance fees and 2) his or her voting rights are not under suspension. In order to participate in the Board’s affairs, Board members shall remain current on their account. Board members volunteer their time to Northridge Village, and no Board member shall be paid for serving on the Board.

MEETINGS:
The Annual meeting is in the fall of each year; 30 days advance notice will be sent to each owner.
Unless otherwise specified, the Board meets at various locations every other month. Date and times for the Board meetings will be announced in the minutes from the prior meeting that are mailed out to the members. Owners are allowed to attend all portions of such meetings except those portions designated as executive session pursuant to A.R.S. 33-1804. Guests and tenants of an owner are not allowed to attend Board meetings unless permitted by the Board. If an owner desires to speak at such meetings, prior arrangements must be made with the Board President. The Board, in its sole discretion, is entitled to allow you to speak, limit your time or refuse such request altogether. If an owner improperly disrupts a meeting of the Board, the Board, without any prior notice to such owner, may impose any fine applicable for each such violation. All meetings will be run using parliamentary procedures.

VOTING:
Owners shall have voting rights at the annual meeting and at any duly-authorized special meetings, but not a Board meetings. Voting rights shall be suspended during any period in which any assessment, fee, fine or other amount owning to the Association is delinquent. Voting rights also may be suspended for up to 60 days for any uncured violations of the use restrictions or these Rules and Regulations, when applicable by vote of the Board.

LEASING AND RENTING:
Owners may lease their home to a single family for a period of not less than 30 days. The owner remains responsible for all conduct of his or her tenants and the guests thereof. All leases must be in writing and all leases must specifically be made subject to the CC&Rs, Bylaws and Rules and Regulations published by the association. Owners shall furnish their tenants with a copy of the CC&Rs and the Rules and Regulations and advise them that they are responsible for conforming with them.
Whenever an owner’s unit is being rented, the owner must notify the Board within 30 days and provide the Association with a copy of the lease agreement, along with the name, mailing address and telephone number of the tenants. The owner must submit a statement signed by the tenants stating that the tenants have read and will abide by the governing documents of the association, along with any other reasonable information the Board may request. During the period a unit is rented, the tenant, as opposed to the owner, shall have the right to use the Northridge Village common facilities.

ASSESSMENTS:
To provide funds for the maintenance of Northridge Village, all properties are subject to monthly assessments. Such assessments are due on the first business day of each month. Collection shall be handled in a manner that the Board, in its sole discretion, deems appropriate. This may include, but is not limited to: personal lawsuit, lien foreclosure, garnishment, attachment and seizure of property. Any costs, including court costs, attorney fees and/or any fees necessary for collection purposes, are also charged to the delinquent owner and may be collected in the judgment or in addition thereto.

INVOICES:
The Association may, but shall not be required, to send an invoice to each owner concerning the obligation to pay assessments and/or other charges. An owner’s non receipt of an invoice does not relieve the owner of the obligation to pay the amount due by the due date.
LATE CHARGES:
Failure to pay by the 15th business day of each month shall subject the Owner to a late charge in the amount of $15.00. By majority vote of the Board, such late charge may be waived for good cause. The late charge shall be the personal obligation of the owner(s) of the unit for which such assessment or other charge is unpaid. The late charge also shall constitute a lien on such Unit. Such late charges are not interest and shall be collectible as an assessment. All late charges shall be due and payable immediately, with notice or demand.
APPLICATION OF PAYMENT:
Payments received from an owner will be credited, at the Board’s option, in the following order of priority:
Charges for legal fees, court costs and other costs of collection.
Late fees, interest and all other charges by the Association as a result of any violation of the CC&Rs or these Rules and Regulations.
The monthly assessment for a unit, including any then-due special assessment, as applicable, payments for which will be applied toward the oldest month(s) then owning.

ATTORNEY’S FEES:
As an additional expense permitted under the CC&Rs, Articles, and/or Bylaws, the Association shall be entitled to recover the reasonable attorney fees and any costs incurred in the collection of assessments or other amounts due in the enforcement of the use restrictions or these Rules and Regulations. The reasonable attorney fees incurred by the Association shall be due and payable immediately upon demand.

RETURN CHECK CHARGES:
In addition to any and all charges allowed under the CC&Rs, Articles, Bylaws and these Rules and Regulations, a twenty-five dollar ($25.00) fee shall be charges against an owner for any check or other instrument that is not honored by the bank or is returned by the bank for any reason whatsoever, including, but not limited to, insufficient funds. This returned check charge is not interest and shall be collectible as an assessment. Such return check charges shall be due and payable immediately upon demand. The Association also shall be entitled to all additional remedies as may be provided by applicable law. If two or more of a unit’s checks are returned unpaid by the bank within any 12 month period, the Association may require that all future payments, for a period of one year, be made only by certified check or money order.

COLLECTION LETTERS:
The first attempt to collect unpaid assessments and charges will typically be sent to a delinquent owner on the 16th of the month of the delinquency. The second attempt to collect typically will be sent on the 30th day of such month. If payment has not been received by the 16th of the following month, a third letter typically will be sent with a breakdown of all fees and charges owed, including late fees. If the delinquency remains after the 30th day of the second month, a lien may be placed on the unit without further notice or demand. Thereafter, such delinquent accounts should, in the Board’s discretion, be referred to an attorney. All lien fees and related attorneys’ fees will be charged to the delinquent owner’s account and all such expenses must be paid in full to remove the account from the attorney and to have the lien released.

Lien Fee: $100.00
Minimum Attorney Charge: $55.00
Release of Lien Fee: $18.00

LIENS:
Non-payment of an assessment or any other amount owing to the Association shall subject the owner to a lien fee of sixty ($60.00) dollars, plus any and all costs of collection, including attorney fees. If, in the Board’s discretion, the recording of a notice of lien is necessary or desirable at any time sooner than as provided above, the Board may cause such notice of lien to be recorded. A copy of the recorded notice of lien shall be mailed to the delinquent owner and may be mailed to his or her purchase money lender. To the greatest extent permitted by law and by the CC&Rs, the Association shall be entitled to assert its lien rights whether or not a notice of lien is recorded.

REFERRAL OF DELINQUENT ACCOUNTS TO ATTORNEYS:
The Association may, but shall not be required to, refer delinquent accounts to attorneys for collection. Once an owner’s subsequent communications concerning such matter shall be referred solely to the attorney.

FINES:
If a violation of the CC&Rs or these Rules and Regulations is noted or occurs, any member of the Association, including Board members, may notify the Board in writing stating the address of the lot involved or the street location or common areas involved and the nature of the violation. Owners shall be accountable for violations committed by their tenants or guests. The Board shall advise the owner in writing of the complaint.

Right to Appeal Notice of Non-Compliance:
Please be advised that you have the right to appeal a notice of non-compliance with the Board within 14 days from the date of any notice of non-compliance. The appeal must be made in writing and forwarded to either the Management Company or the Board. You will receive a written response to your appeal.

1st Notice of Non-Compliance:
Written notice is being sent to an owner that a violation exists. Corrective action (compliance) must be taken by the owner within 14 days from the date of the 1st notice. This notice includes notification of a $25.00 fine upon the receipt of the 2nd notice.

2nd Notice of Non-Compliance:
Written notice is being sent by certified and regular U.S. mail to the owner that the violation continues to exist. Corrective action (compliance) must be taken by the the owner within 14 days from the date of the 2nd notice. A $25.00 fine has been assessed to the homeowners account. This notice includes notification of an additional $50.00 fine upon the receipt of the 3rd notice.

3rd Notice of Non-Compliance:
Written notice is being sent by certified and regular U.S. mail to the owner that the violation continues to exist. Corrective action (compliance) must be taken by the owner within 14 days from the date of the 3rd notice. A $50.00 fine has been assessed to the homeowners account. This notice includes notification of an additional $100.00 fine upon the receipt of the 4th notice.

4th Notice of Non-compliance:
Written notice is being sent by certified and regular U.S. mail to the owner that the violation continues to exist. Corrective action (compliance) must be taken by the owner within 14 days from the date of the 4th notice, after which time if violation continues to exist, a fine of $10.00 per day will be assessed to the homeowner’s account. A $100.00 fine has been assessed to the homeowners account.Failure to pay any fine will be treated as a delinquent assessment and will be collected by placing a lien on the homeowner’s property and forwarding the account to collections. The homeowner will be responsible for all costs related to collection of the fines.

The Board reserves the right to determine the amount of the fine depending on the degree of severity of the violation.
In addition to the foregoing remedies, the Board may remedy parking violations by immediately causing the vehicle to be towed at the expense of the owner of the vehicle.
Without limiting the foregoing, the Association may take any and all legally appropriate action to correct the violation, including the initiation of a lawsuit. The violating owner shall, after notice and an opportunity to be heard, be responsible for all costs, including attorneys’ fees, associated therewith.
GENERAL RULES:

1. Within 30 days of taking title, the owner shall report to the Association his or her name and the name of all other residents, and the owners’ residential and mailing address(es), and telephone number.

2. No owner, resident or guest may regularly use any unit for any commercial purpose, including the performance of a service, the storage and/or dispensing of products or merchandise for sale at Northridge Village or elsewhere, or the reception of clients or customers.

3. The common property elements may not be used for the storage of privately-owned property. Any items stored in back yards must be kept below the level of the fence wall.

4. Advertising signs, billboards, etc. are not permitted. “For Rent” or “For Sale: and security and political signs of an appropriate size may be placed at the front entrance of the unit.

PETS:

5. Only domestic pets are allowed at Northridge Village. No other animals or live stock may be kept. No breeding of pets is permitted.

6. Pets must be kept on a leash no more than 10 feet in length and under the direct control of a responsible person when outside their units. Pets are not permitted to run loose unsupervised on the common areas. The owner of the unit and the owner of the pet shall be responsible for all damage to persons or property caused by the pet.

7. Residents are required to clean up promptly after their pets and ensure that animal waste does not litter the walks or the common areas or create an unsanitary, unsightly or otherwise noxious situation.

8. Pet owners are required at all times to monitor the activities of their pets so that such pets do not create a disturbance or constitute a nuisance to neighboring residents.

9. Pets must be confined to individual units and yards and must not be tied up on the common areas.

10. All owners, residents, tenants and guests shall treat pets humanely.

VEHICLES AND PARKING:

11. To preserve curb appeal and reinforce a sense of community pride, all vehicles of residents shall be parked in the closed garage of the resident’s unit, except as provided below, There shall be no parking of any vehicle on the common areas. The designated visitors’ parking areas shall be for visitor parking except as provided below. Garage doors must be kept closed except they may be open for ingress, egress, or servicing.

12. No light vehicle work, tune-ups or oil changes may be performed other than in or near the owner’s garage. Oil or other residue must immediately be cleaned up and disposed of off the property. No major vehicle work may be performed anywhere at Northridge Village.

13. No vehicles may be stored or parked in any driveway or common area. A vehicle may occupy a driveway or common area only for loading, unloading or service purposes, and then only for the length of time required to load, unload or service, and provided that at no time shall the vehicle block or hinder other residents from the operation of their vehicle. All vehicles must have a current registration and/or license plates and must be in operating condition.

14. Guest parking is allowed on common areas for a special event provided the resident posts a notice of the event on the pool area bulletin board seven (7) days prior to and during the event containing the name of the resident or person responsible for the event; and the phone number of the responsible person during the time of the event; and guest parking shall in no way obstruct or hinder the ability of other residents to operate their vehicle or have ingress or egress from their property. Vehicles blocking resident’s ingress or egress shall be moved immediately after notifying the person responsible for the event, or the vehicle will be towed.

15. Motorized vehicles are not permitted on the sidewalks or grass.

16. Recreation vehicles, camper, trailers, boats, large commercial vehicles and the like are not to be kept at Northridge Village except in an owner’s garage.

17. A visitor’s vehicle may be parked in the visitor parking area for up to 48 hours at a time, but in no event more than 96 hours per month. No spouse, resident or tenant of an owner shall be deemed, for purposes of this rule, to be a visitor.

18. The vehicle of an owner, the spouse, permanent resident or tenant thereof may be parked in one of the three reserved parking spaces provided they have applied for and obtained permission from the Board to rent the space for $25 per month, paid in full in advance of the rental month. Reserved parking spaces are granted on a first come first served basis, and in a non discriminatory manner for a reasonable, uniform fee, and shall be valid for a period not to exceed six (6) months. Reserved parking spaces are not renewable unless no other resident requests one. No more than three reserved parking spaces shall be approved at any time. Reserved parking spaces shall not be assignable or transferable and shall be revocable by the Board for violation of any parking restrictions. The owner of the unit wherein the vehicle owner resides or where the vehicle owner is a guest shall be responsible for ensuring that no oil, grease, dirt or debris is left in the parking area.

19. Notwithstanding anything else to the contrary, and in addition to any applicable fine, the Association may cause any improperly-parked vehicle to be towed at the expense of the owner thereof.

20. The maximum speed limit in Northridge Village is 15 miles per hour.

POOL RULES:

21. The pool facilities are for the use of owners, residents, tenants and guests only. Owners will be responsible for anyone to whom they or their tenants provide pool access.

22. Gates must be locked at all times even when the pool or cabana is being used. Gates shall never be propped open.

23. Children under the age of fourteen (14) must be accompanied and supervised by an adult (18 years or older) at all times when in the pool area.

24. Persons using portable radios in the pool area must maintain the volume at a level that cannot be heard beyond their immediate area.

25. Persons using rubber rafts or other flotation devices shall not interfere with other using the pool.

26. Infants or young children must wear rubberized pants while in the pool.

27. No pets are allowed in the pool area.

28. No glass bottles or glassware of any kind are allowed in the pool area.

29. No running, yelling, horseplay, jumping, diving, or obscene language is allowed in the pool area.

30. No skateboards, bicycles, or other wheeled vehicles shall be permitted in the pool area.

31. Remove oils and non-water soluble suntan lotions before entering the pool. (They cloud the water and could result in a failed inspection of the pool and shutdown.)

32. Swim at your own risk - No lifeguard is on duty.

33. Pool parties may be arranged by placing a note near the mailboxes indicating a desire to reserve the pool area. Such notes should be posted at least one week prior to the event, and the first person to post such notice will have priority to the facilities. The Board may place any reasonable condition on such parties. Owners, tenants or residents having a pool party must leave the facilities clean, neat and orderly, and the trash containers must be emptied following the party.

34. Climbing on the fence, cabana, etc. is prohibited.

35. Anyone damaging the pool facility, equipment or pool furniture will be responsible for replacement or repairing all damage.

36. The Board may suspend the pool privileges of any unit for up to 60 days after any three (3) violations of these pool rules within a twelve (12) month period.

37. All using the pool must wear appropriate swim wear. Cut-offs or other clothing with loose or frayed edges are prohibited. (They clog the filter and could cause the pump to overheat.)

38. Only the Board’s agent is authorized to adjust any pool equipment. The pool is not heated.

39. Do not remove pool furniture from the pool area. Leave pool area in a clean, neat and orderly condition.

40. All persons shall obey all other posted pool signs. (They are there for our safety.)

41. Please turn off the gas barbecue and clean it after using it and replace the cover.
TRASH:

42. All trash, garbage and rubbish of a unit shall be placed in that unit’s trash receptacle provided by the City.

43. Residents wanting to throw away large items must make their own arrangements with the City of Phoenix for special or bulk trash pick-ups.

44. Trash and trash receptacles shall be stored in the garage or back yard of a unit except for a reasonable time before and after trash pick-up.
GRASS AREAS AND VEGETATION:

45. The Association alone may control landscaping in the complex with the exception of back yards, atriums and courtyards. It is the homeowners responsibility to keep all vegetation growing above patio walls that can be viewed from the common area, adjoining property or the street kept neat and trimmed.

46. Landscaping in front of each units front patio wall or gate is maintained by the Association. The Association will maintain the lawns, bushes, and trees in front of each units front patio wall or gate. Areas behind each units patio wall or gate are the responsibility of the homeowner as well as any annual flowers. Trees and plants should be placed so as not to encroach neighboring lots, sidewalks, streets or street signs.

47. Residents wishing to alter the landscaping of their front yards must fill out an Architectural Request Form for approval by the Board. Residents may not plant vegetation that creates additional maintenance for the Association. No olive trees may be planted anywhere on the property.

48. Vines must not adhere to the exterior walls of your home. Vines may be attached to a trellis but must be kept trimmed to the size of the trellis. The Association retains the right to determine when a vine must be trimmed, maintained and/or removed.
PEST CONTROL:

49. No owner shall permit any thing or condition to exist upon any property which shall induce, breed or harbor infectious plant diseases or noxious insects. Owners shall comply with Board requests for periodic Termite inspections and must exterminate any infestations found and provide proof of inspection and/or extermination.
Homeowners must keep their homes free of pigeon droppings by cleaning, repainting and/or using nonpoisonous, preventative control methods.
ARCHITECTURAL GUIDELINES:

50. The exterior of your home must always be kept in a good state of repair, including items such as exterior paint, garage doors, fences and walls, etc. Every owner is expected to ensure all landscaped areas are kept neat and well maintained at all times.
51. The governing documents of Northridge Village provide for a Board appointed Architectural Committee to ensure a high level of architectural consistency and harmony in the community.
52. Any work which alters the exterior appearance of the home or landscaping must be approved by the Board or the Architectural Committee before the work begins.
Before undertaking any project affecting the exterior of your home, it is necessary to complete a written application and submit it to the Board. The forms can be obtained from the Board or the Management Company. In scheduling your planned improvement, please allow time for the review of your application . Written approval must be received prior to commencing work. Governmental permits, if required, shall be obtained prior to work being done.
All such work shall be performed by a duly licensed contractor when licensing is required by Arizona Law. In Arizona, all contractors who perform residential or commercial construction, remodeling or repair must be licensed. One exception, however, applies to work performed where the labor and materials total less than $750, there is no building permit required and the work is not a part of a larger project. All required permits must be posted in window before any construction begins. A copy of the permit must be provided to the Board.

53. The Association shall have the right, after thirty (30) days notice to an owner, to repair, paint, or otherwise maintain the exterior of any property or improvement (and without notice in the event of an emergency) which the Association, acting through its Board, determines in its discretion is in violation of the CC&Rs and Rules and Regulations.
54. No item whatsoever may be hung on or over the walls and fences such that the item can be viewed from the common area, adjoining property, or the street. Patio shades, patio covers, awnings, skylights or structures of any kind cannot be erected or utilized without prior written approval of the Board or its designated Architectural Committee. Statues or ornamental items in front of the unit are allowed only upon prior approval of the Board’s Architectural Committee.
55. Homeowners are responsible for painting the exterior of their homes. It is recommended that each homeowner paint their wood trim every 3 years and their stucco walls every 5 years. In the event that the Board’s Architectural Committee must give you a notice to paint, you will have a 90 day time frame in which to complete the painting of your home or portions of your home. Homeowners are required to use Dunn-Edwards Acri-Flat W704 paint in the following approved colors:

Stucco: Adobe SP41
Accent Wood: Canyon Abyss DE3166
Wood Trim: Cocoa SP74
56. In the event that any of the subdivision perimeter fencing is damaged or destroyed, it shall be the obligation of the owner to rebuild and or repair such perimeter fence so that the exterior surface will match in material and color the surface of the perimeter fence of the subdivision.
57. Screen doors and security doors are subject to approval of the Board’s Architectural Committee and must meet the following specifications. Color - dark brown or black, metal, self-closing and shall not be ornate.
58. Reflective sun screens are not allowed if they can be seen from the common areas. Dark, non-reflective sun screen or window film is allowed.
59. Gutters and downspouts must match trim or house color.
60. Fireplace chimney covers may only be replaced by chimney covers of the same kind.

61. The 1996 Federal Telecommunications Act allows homeowners to install one (1) satellite dish, up to one meter (39”) in diameter. You must submit for placement approval prior to installation. Screening may be required, including painting the dish to match the house or plantings. You must, to the greatest extent possible, locate the dish so that it is not visible from the street or common areas. The dish must be installed and maintained so that it is as visually appealing as possible under the circumstances, and does not interfere with the use or enjoyment of neighboring residences, nor create an unreasonable hazard or nuisance.
62. Roof-mounted electrical conduit is not permitted. Exterior conduit must be approved for placement and must be painted to match the surface it is mounted on.
63. Television cable entry point into residence shall conform to City Code. Cable must be painted to match color of house or trim.

64. Exterior security systems must be approved by the Board’s Architectural Committee. Exterior mounted electrical boxes and conduit shall be painted in matching colors.
65. Roof shingles shall meet specifications approved by the Board’s Architectural Committee.
66. Any homeowner who is delinquent in their Association assessments will not be granted a request for architectural change.
67. Owners shall make all reasonable efforts to avoid disputes concerning these architectural and aesthetic regulations. All questions of interpretation and application of these regulations shall be resolved by the Architectural Committee or the Board.
DAMAGES AND PAYMENT:

68. If any common element or Association property is damaged or destroyed through the negligent or culpable act of an owner, his or her guest, tenant, resident, invitee, household member, or contractor hired by an owner, the Association may make all necessary and proper repairs, and thereafter bill the owner for all costs incurred. Payment must be made with (10) days.


NORTHRIDGE VILLAGE HOMEOWNERS ASSOCIATION
Areas of Responsibility Pursuant to the Govering Documents

INDIVIDUAL HOMES:
Homeowner Responsibilities include:

Interior maintenance/repair
Exterior maintenance/repair, including roofs
Attriums and backyards
Perimeter walls
Exterior home lighting
Individual driveways
Plumbing from homes main shut off valve including valve
Electrical associated with home
Association Responsibilities include:
Sidewalks
Landscaping in front of home’s front wall
COMMON AREAS:
Association Responsibilities Include:
Landscaping
Trees
Sprinklers
Pool
Club House
Streets
Sidewalks
Lighting
Plumbing in Common Areas
Electrical in Common Areas
Perimeter walls in Common Areas

Email us
Annie.Neroda@yahoo.com