Saguaro Canyon

As homeowners within Saguaro Canyon HOA, we are all subject to the same guidelines set forth in our subdivisions C,C&R’s (conditions, covenants & restrictions) and By-laws.

These documents were created and recorded with the county as a permanent attachment to each parcel of land within our subdivision by the original developer and have had several necessary amendments since.

According to state law, every person buying a home within Saguaro Canyon HOA receives a complete copy of these documents during the home buying process. Whether you received a copy or not, each homeowner is subject to the regulations.

Typically, home buyers are concerned about many other issues when buying their home and do not read the documents provided. As a result, when a monthly property inspection of homes in our HOA is conducted by our property manager and violations are recorded and letters issued to the homeowner, many are completely surprised by the notice.

Through our quarterly newsletter, we hope that many of the issues involved can be brought to the attention of all homeowners so that we are all aware of what constitutes a violation as well as the notice, fine and hearing process.

In addition to these documents, we are subject to the City of Tucson ordinances pertaining to issues such as weed control, parking, setting off of fireworks, etc. Some of these items are also contained in our governing documents. Most of these items, however, are enforced by the City. The Board believes that it is our duty to inform homeowners of the particular ordinances that are being violated in our community as we become aware of them, before fines are levied by the City through its enforcement departments.

It is the legal responsibility of your elected Board to enforce the requirements of our governing documents on a fair and consistent basis.

Process. Our property manager inspects our community on an unannounced monthly basis. Notices are then mailed to homeowners citing the infraction and the time period in which the homeowner has to correct the situation or request a private hearing with the Board. Such hearings are held monthly prior to the regular members meeting and are on a private basis. The notice itself contains specific instructions on how to request a hearing to appeal the item in question. All notices are mailed via U.S. Postal 1st Class mail. This is the only practical means of sending such notices. In addition second notices are mailed in the same manner. A claim of not receiving either notice is not a valid reason for the Board to consider an appeal.

You may be aware of a certain property that is not in compliance with the very issue that you are cited, however, since each homeowner’s situation is handled on a confidential basis, citing the fact that someone else is not in compliance does not constitute an acceptable appeal. Each homeowner’s violation can very well be in a different phase of resolution or enforcement by the Board.

Current Fine Schedule. The following is the current dollar amount for each fine. This does not include additional fees and costs that may be the responsibility of the homeowner for failure to pay fines once levied by the Board. Also, this section does not address the issue of a homeowner failing to pay the annual HOA dues at the start of each year.

•The Board has the discretion of imposing fines of $75.00 - $100.00 on violations of the C, C&R’s and the rules and regulations.
•The Board imposes fines only after a hearing has been conducted with the homeowner.
•Additional postage and processing fees ($10.00) may be added to a homeowner’s account when certified letters are mailed out.


Tucson City Ordinances

The following represent current violations that are occurring on a regular basis within our community that are subject to fines from the City.

Parking:
•on sidewalks, within 30 feet of any intersection, within 5 feet of a driveway, even your own,
•(New Rule) of RV’s, boats, trailers, etc. on the street for any part of two consecutive days. Overnight parking is a violation. Parking anywhere in the same block is the same as not moving the vehicle at all.
•of regular passenger vehicles, unless parked at the address at which they are registered, may only sit for 24 hours before being subject to citations and possible impoundment.
•on two way streets must allow for a 12 foot opening for each direction of travel or a total of 24 feet.
•On cul-de-sacs must allow for a 50 foot radius

Note that many of these ordinances are to permit adequate access by emergency vehicles such as fire trucks, ambulances, etc.

Weeds: Weeds over six inches is a violation of city ordinance as well as our community documents.


Topics for Next Quarterly Issue

In our next newsletter we will address topics such as the following:
•annual meeting and process for nominations,
•expiration/terms of current board members,
•financial summary and reserve fund adequacy, and
•subjects submitted by homeowners for inclusion.

Homeowner Question and Answer

Question: Does the HOA have any attorneys on a monthly retainer?

Answer: No the HOA does not have any attorneys on retainer. Attorneys are selected and assigned cases on an individual basis.

Please submit Questions to: paul@prohoa.com.


Community Garage Sale

Mark your calendars now for our Annual garage sale to be held on Saturday, October 20, 2007 from 7:00 a.m. to 1:00 p.m.. Newspaper adds will be placed by the HOA.



Additional Contact Information and Reminders

Trash Receptacles

All trash receptacles must be removed from the public streets and sidewalks no later than noon on Wednesday or, incase of a holiday change, noon on the day following pick-up. Receptacles must be placed past the front edge of your home and out of sight from the street to the extent possible. Please do not leave them unattended at the curb or on your front porch. More than anything, this issue has a direct impact on the first impression of our community, so PLEASE do your part in making Saguaro Canyon a better and more attractive place to live. Thanks!

Suspicious or illegal activities

Please dial 911 immediately to report any illegal or suspicious activities in or around our community including setting off of fireworks, reckless driving, suspicious vehicles, etc. Your HOA, property manager and Board can not enforce the laws of the city or state, only police officers can. So please do your part and Dial 911 when needed.