The following rules and regulations are in accordance with the Covenants, Conditions and Restrictions (CC&R’s) for Papago Park Village . They become effective January 1, 2001, and supersede any previous Rules and Regulations. Management company refers to the company selected by the Board of Directors of Papago Park village. The name of the management company shall be provided in writing as an addendum to these Rules and Regulations. If a change occurs, the new name shall be published to all Homeowners of record.
S100 GENERAL PROVISIONS AND FINING PROCEDURES:
A. Each lease agreement covering property in Papago Park Village must require the Tenant’s compliance with all Rules and Regulations of Papago Park Village. The lease agreement must include a copy of the Rules and Regulations of Papago Park Village. Copies of the Rules and Regulations are available from the Management company.
B. Owners are subject to, and liable for, the fines set forth in these rules and regulations.
C. Non-Owner residents and/or resident owners are responsible for the conduct of their guests and are liable for any violation of these Rules and Regulations by their guests and subject to the fines herein for any such violation.
D. Notice of any fine will be mailed to the unit and the owner’s address of record.
E. All fines levied against an unit owner, tenant and/or their guests are the responsibility of the unit owner.
F. Within ten (10) days after receipt of notice of a fine, any party contesting the imposition of such fine shall serve written notice to the Management company. The fine shall then be held in abeyance and a hearing conducted at the next regularly scheduled Board of Directors meeting. Failure to object as above set forth shall be deemed a waiver of a right to a hearing and acquiescence in the fine.
G. Except as otherwise provided herein, a fine of twenty-five dollars ($25.00) will be imposed for the first violation of any section of these Rules and Regulations; fifty dollars ($50.00) for the second violation of the same section; and one hundred dollars ($100.00) for each subsequent violation for the same section of these Rules and Regulations by residents of each unit during a twelve month period.
S101 ANIMALS:
A. Not more than a total of two (2) dogs, cats or birds in any combination for a total number of two (2) may be maintained in any one unit (fish, turtles in a bowl excepted). No other animals of any kind may be maintained in any unit.
B. Pet owners are responsible to pick up after their pets. Permitting a pet to create unsanitary conditions anywhere on the common areas is prohibited and subject to fines pursuant to S100(G).
C. All dogs must be kept on a leash at all times or within the fenced areas of the patio. Any tenant or unit owner whose pet is not on a leash will be fined fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for each subsequent offenses. Unit owners whose dogs that cited for violations of the leash law more than twice will be requested to remove the dog from the premises.
D. The owner of any pet that attacks another pet or tenant, unit owner, or guest will be fined five hundred dollars ($500.00) and asked to remove the pet from the premises. In addition, the unit owner and pet owner will be liable for any and all damages that result. Further, the unit owner and owner of any pet agrees to indemnify and hold the Homeowner’s association harmless for any and all damages. The unit owner is ultimately responsible for any fine or damages that result from the actions of a pet belonging to any of their tenants or tenant’s guests.
E. Absolutely no pets of any kind are allowed within pool areas. Permitting a pet to enter the pool area or the water will result in a fine of one hundred ($100.00) for the first per incident, and the actual cost of clean-up.
F. Where a pet creates unreasonable noise or unsanitary conditions, the pet owner will be subject to fines as imposed and pursuant to S100(G)
S102 PARKING:
A. One covered and one uncovered parking space is assigned to each unit in accordance with the unit number designated on each space.
B. Any vehicle parked in any unassigned space will be towed at the expense of the owner .
C. Cars must be parked only in marked parking spaces. All other lanes are fire lanes and must by Tempe law be kept open for emergency use. Anyone observing a car parked in a fire lane should call the Tempe police.
D. Guests must park in the guest parking areas.
E. No inoperable motor vehicle shall be permitted to remain on the Property, nor shall any vehicle be repaired on the Property except for emergency repairs required to remove the vehicle from the Property or to make the vehicle operable.
F. No trailer, camper, boat, fifth wheeler, motor home or similar equipment other than a vehicle which is the sole transportation vehicle for a Resident of any Unit shall be permitted to remain upon the Property, including without limitation, private streets, alleys or driveways.
G. No vehicles of any kind, including bicycles, may be parked on any portion of the common area. Bicycles are only allowed to be parked under the carport or on the individual patio. No such parking is permitted on sidewalks, lawns, or landscaped areas. Residents will be liable not only for fines, but for any damage caused by parking in violation of this rule, including damages caused by their guests disobeying this rule and such vehicles are subject to removal at owners’ expense.
H. Management has the authority to remove and store bicycles and vehicles parked anywhere other than authorized parking spaces. Motorcycles and bikes are not permitted to be parked on sidewalks. Any damage to bicycles or vehicles removed, is not the responsibility of Management or Homeowners Association. Bicycles and vehicles may be reclaimed within thirty days for a fee of fifty dollars ($50.00) or actual storage charges, whichever is greater.
I. Additional allocated parking in the recreational Vehicle storage area may be applied for and obtained from the Management company on a first come, first served basis. Such space must be released by the Management company if needed for RV or boat parking.
S103 NUISANCES AND EXTERIOR CHANGES
A. Making changes or additions to the exterior appearance of the buildings, patios, gates, outside doors, or common areas of Papago Park Village without the written consent of the Board is prohibited.
B. Littering of the common areas is prohibited. Junk mail must be placed in trash receptacles. Trash must be placed in dumpster, not next to it. Violators will be fined.
C. Articles of any type (including temporary articles such as wet towels) decorative articles, are not to be draped over or attached to the exterior surfaces of patio enclosures. Patio areas much be kept neat.
D. No “glue down” carpet is allowed to be attached to the sidewalk up to the front door, however, patios are not affected.
E. Rain gutters are allowed to be installed over the door entrance only if they are painted to match the existing trim color and with no down spouts.
F. Only screen doors approved by the Homeowner’s Association are allowed, request for installation of screen door must be submitted to Management and the Homeowner’s Association Board for approval.
G. Placing aluminum foil or reflective window film in windows or other areas of a dwelling that can be seen from the exterior is prohibited. Decorative seasonal items placed in windows may not remain visible after the season has passed.
H. No signs, other than for purposes of security (i.e.: a small decal noting security is provided) may be placed in the windows or on the door of any dwelling, or on the common areas. Management may remove and destroy unauthorized signs on the common areas. Real Estate signs advertising sale or rent are prohibited. Rental and Sale notices should be installed in the directory window provided at the main entrance to Papago Park village. The Management company handles the display of such items. Management company may impose a nominal charge for this service.
I. Request for installation of satellite dishes must be submitted to the Homeowner’s Association Board for approval of location and size. Any unit that installs a dish without prior approval will be liable for all damage and repairs necessitated to re-locate said dish.
J. Rerouting of any air conditioning lines, electric lines, or cable lines must be submitted to the Management and Homeowner’s Association Board for approval prior to the repair. Any unit that re-routes any such lines without prior approval will be liable for all damage and repairs necessitated to re-locate said lines.
S104 POOL AREAS:
A. The combined Residents of each unit may invite no more than two guests to use the pool areas at any one time. Any Homeowners finding the ability for them to enjoy the use of the pool areas because of disregard for this regulation should report the name of the offending party to Management.
B. Glass and other breakable articles are NOT allowed in the pool areas.
C. There is no lifeguard on duty. No unsupervised children under the age of twelve (12) are permitted to use the pool area. People using the pool do so at their own risk. Homeowners and Residents are cautioned to supervise any guests whom they may allow access to the pool area.
D. No cooking is permitted within the pool areas.
E. Pool furniture is NOT to be removed from within the pool fenced areas.
F. Unreasonable noise in the pool areas is prohibited.
G. No parties are allowed in pool areas.
S105 PARTIES, UNREASONABLE NOISE AND VANDALISM:A. Unreasonable noise and disturbances are prohibited whether caused by individuals or electronic equipment. Quiet time is 10:00 p.m. to 7:00 a.m.
B. The Tempe police and/or Maricopa County Sheriff’s Department should be contacted for the purpose of dispersing social gatherings causing unreasonable noise or disturbances whether such gatherings are held on the common areas, within enclosed patio areas, or within a residence. A copy of the police report should be sent to the Management company.
C. Any action requiring intervention by a law official should be reported to Tempe Police and a formal complaint made. A copy of any police report should be sent to the Management company for further action by the Association, including fines.
D. Residents responsible for any gathering of individuals will be charged for any cleanup, repairs, or other expenses incurred by the Homeowners Association as a result of that gathering. Said unit owner will also be fined an additional one hundred fifty dollars ($150.00).
E. In the event a complaint is lodged against the unit for unreasonable noise, or they are cited by the City of Tempe Police or Maricopa County Sheriff’s Department, the unit owner will be fined one hundred fifty dollars ($150.00).
F. Vandalism to the property caused by an owner, tenant, or their guests including but not limited to the common areas, car ports, landscaping, or lighting fixtures, or the property of another will be subject to a one hundred dollar fine ($100.00) per offense and the unit owner and/or tenant responsible for the vandalism shall also be responsible for the cost of any repair and/or renovation required due to the vandalism.
S106 VIOLATIONS OF THE LAW:
A. Any violation of state, municipal, or local law, ordinance or regulation is a violation of these rules and the CC&R’s and is subject to all enforcement procedures set forth in these rules and in the state, municipal, or local law, ordinance or regulation.
S107 PROVISIONS FOR COMPLAINTS:
A. Complaints must include the following and should be confirmed in writing:
1. Name and address of complainant.
The name(s) of parties reporting infractions to the board will not be revealed unless an action is taken to court and the complaining party is needed for testimony. The Board will assume the complaining party status at all times possible.
1. Name, if possible, or description and address (unit number) of person committing the violation.
2. Nature of the violation.
3. Date, time, and place of violation.