Russo Amends Sycamore Vista Unit 5 CC&Rs: My Cabin Plans
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Russo Amends Sycamore Vista Unit 5 CC&Rs: My Cabin Plans

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Russo wants us to vote on whether we want to amend the CC&Rs so we will have to pay fees and Special Assessments to build on out lots. IMO: if Russo wants to develop his lots, let him and let us build ...

Russo wants us to vote on whether we want to amend the CC&Rs so we will have to pay fees and Special Assessments to build on out lots. IMO: if Russo wants to develop his lots, let him and let us build our cabins per the original declaration.

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Russo Amends Sycamore Vista Unit 5 CC&Rs: My Cabin Plans Document Transcript

  • 1. SYCAMORE VISTA NO.5 HOMEOWNERS' ASSOCIATION, INC. July 22, 2013 Dear Member: The Board of Directors for Sycamore Vista No. 5 Homeowners' Association ("Association") is proposing that the CC&R's be amended as set forth in the Third Amended and Restated Declaration of Covenants, Conditions and Restrictions for Sycamore Vista No. 5 (enclosed). A brief list of the substantive changes from the current CC&R's are noted below. The purpose for proposing this Third Amended and Restated Declaration of Covenants, Conditions and Restrictions for Sycamore Vista NO.5 is three-fold: (1) to create one document which combines the current CC&R's and the four recorded amendments; (2) to amend the assessment provisions of Article 5; and (3) to bring the CC&R's into compliance with current law. The vote on this matter is being conducted by written ballot pursuant to AR.S. §10-3708. Lot owners are entitled to cast one (1) ballot (enclosed) for each lot owned. In order for the amended CC&R's to pass, members representing at least a majority of the lots must vote "For" approval. Ballots must be received by the Association no later than Monday, August 12, 2013 in order to be counted. The Board encourages you to cast your ballot "For" approving the Third Amended and Restated Declaration of Covenants, Conditions and Restrictions for Sycamore Vista NO.5. SUBSTANTIVE CHANGES ARTICLE 5: Provides for a two-tiered dues structure (for improved and unimproved lots) and creates an Individual Special Assessment that may be levied against certain lots for infrastructure improvements. ARTICLE 6: Sections 6.5 and 6.6 have been revised so that the provisions regarding solar energy devices complies with AR.S. §33-1816 and the provisions regarding antennas and satellite dishes comply with Federal Communications Commission regulations. ARTICLE 8: Section 8.6 regarding signs has been revised to comply with AR.S. §33- 1808. This is only intended as a brief list of the substantive changes being proposed. The Board of Directors recommends that you read the enclosed document in its entirety.
  • 2. SYCAMORE VISTA NO.5 HOMEOWNERS' ASSOCIATION, INC. WRITTEN BALLOT Each lot is entitled cast one (1) vote with respect to the following action: To approve the Third Amended Declaration of Covenants, Conditions and Restrictions for Sycamore Vista No.5. For D Against D Lot #'s: 067 thru 068, 252,277,279 thru 280,300 thru 303 INSTRUCTIONS FOR WRITTEN BALLOT $ A minimum of sixty-six (66) ballots must be cast in order to meet the quorum requirement for a vote on this matter. $ Owners representing at least a majority of the lots (132) must vote "For" the action in order for it to be passed. $ Please mail your ballot to: Sycamore Vista No.5 Homeowner's Association, Inc. Chapman Management Group 33 W. Congress Street, Ste. 205 Tucson, AZ 85701 $ Ballots must be received by the Association no later than 5:00 pm on August 12. 2013 in order to be counted.
  • 3. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 1 Section 1.1 "Association" 1 Section 1.2 "Lot" or "Lots" 1 Section 1.3 "Member" 1 Section 1.4 "Mortgage" 1 Section 1.5 "Owner" 1 Section 1.6 "Common Areas" : 1 Section 1.7 "Plat" 1 Section 1.8 "Property" or "Properties" or "Real Property" 1 Section 1.9 "Roadways" and "Streets" 1 ARTICLE 2 MEMBERSHIP AND VOTING RIGHTS 2 Section 2.1 Membership 2 Section 2.2 Voting 2 ARTICLE 3 DUTIES, RIGHTS AND POWERS OF ASSOCiATION 2 Section 3.1 Association's Rights and Powers 2 Section 3.2 Association's Right of Enforcement................................................ 2 Section 3.3 Contracts With Others 3 ARTICLE 4 PROPERTY RIGHTS 3 Section 4.1 Owners' Easements of Enjoyment 3 Section 4.2 Delegation of Use 3 Section 4.3 Common Areas (and private easements) 4 ARTICLE 5 COVENANT FOR REGULAR DUES AND SPECIALASSESSMENTS .4 Section 5.1 Creation of the Lien and Personal Obligations .4 Section 5.2 Purpose of Regular Dues and Special Assessments .4 Section 5.3 Dues 4 Section 5.4 Special Assessments .4 (a) General Special Assessments 4 (b) Individual Special Assessments 5 Section 5.5 Uniform Rate of Special Assessments 5 ii
  • 4. .----------------- Section 5.6 Effect of Non-Payment of Assessments; Remedies of the Association 5 Enforcement by Suit 5 Enforcement by Lien 6 Section 5.7 Subordination of the Lien to Mortgagees 7 Section 5.8 Suspension of voting rights for Delinquent Assessments 7 ARTICLE 6 ARCHITECTURAL CONTROL 7 Section 6.1 Composition of Committee 7 Section 6.2 Review by Committee 7 Section 6.3 Procedures 8 Section 6.4 Liability : 8 Section 6.5 Building Restrictions 8 Section 6.6 Radio & TelevisionAntennas/Satellite Dishes/Solar Energy Devices 8 ARTICLE 7 MAINTENANCE 9 Section 7.1 Exterior Maintenance 9 Section 7.2 Native Growth 9 Section 7.3 Landscape Easements 9 - -S·e·cfion-7.4 Assessment of Certain Costs of Maintenance and Repair 10 ARTICLE 8 USE RESTRICTIONS 10 Section 8.1 Private Residential Purposes 10 Section 8.2 Minimum Floor Area 10 Section 8.3 Renting 11 Section 8.4 Animals and Wildlife 11 Section 8.5 Temporary Structures 11 Section 8.6 Signs 11 Section 8.7 Elevated Tanks 11 Section 8.8 Unsightly Articles 11 Section 8.9 Automobile Repair 11 ARTICLE 9 EASEMENTS : 12 Section 9.1 Blanket Easement 12 Section 9.2 Landscape Easements 13 ARTICLE 10 IMPROVEMENT OF LOTS 13 Section 10.1 Purpose 13 Section 10.2 Right of Entry & Right to Apply for Permits and Approvals 14 Section 10.3 Easements Annexations & Governmental Agreements.. .. 14 Section 10.4 Delegation to Master HomeownersAssociation 14 iii
  • 5. ·1 ARTICLE 11 GENERAL PROVISIONS 15 Section 11.1 Enforcement 15 Section 11.2 Existing Violations of this Declaration of Covenants, Conditions and Restrictions................................................................................... 15 Section 11.3 Severability : 15 Section 11.4-Term...................................................................................... 16 Section 11.5 Amendments 16 Section 11.6 The Mortgaging of the Common Areas 16 Section 11.7 Counterpart Signatures 16 Section 11.8 Transfer Fee 16 Section 11.9 Master Association Rights 16 Section 11.10 Arbitration............................................................................ 17 Section 11.11 Purchase of Unusable Lots by Master Association 17 Section 11.12 De-annexation of Additional Real Property 17 iv
  • 6. THIRD AMENDED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR NEW TUCSON UNIT NO.5 LOTS 1 - 191, BOTH INCLUSIVE, AND LOTS 193 - 311, BOTH INCLUSIVE, BEING A SUBDIVISION RECORDED AT BOOK 17 PAGE 51 OF MAPS AND PLATS IN THE OFFICE OF THE PIMA COUNTY RECORDER, PIMA COUNTY, ARIZONA ARTICLE 1. DEFINITIONS Section 1.1 "Association" shall mean SYCAMORE VISTA NO.5 HOMEOWNER'S ASSOCIATION, INC., an Arizona nonprofit corporation, its successors and assigns. Section 1.2 "Lot" or "Lots" shall mean the Lots referred to in the previous description of the Real Property, and limited to single family residential use. Section 1.3 "Member" shall mean every person or entity who holds - . ·--~~membersnipTn1neAssociation. Section 1.4 "Mortgage" shall mean any mortgage, deed of trust or other security instrument by which a Lot or any part thereof is encumbered. Section 1.5 "Owner" shall mean the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Real Property, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. Section 1.6 "Common Areas" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Association accepts the responsibility for control, maintenance, ad valorem taxes and liability for the Common Areas, private streets, private alleys, private drainageways and equestrianways, private sewers and private easements within the Real Property. Section 1.7 "Plat" shall mean the plat of New Tucson Unit No.5, recorded in the office of the County Recorder, Pima County, Arizona, in Book 17 of Maps and Plats at Page 51. Section 1.8 "Property" or "Properties" or "Real Property" shall mean the real property previously described and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 1.9 "Roadways" and "Streets" shall mean those areas designated as 1
  • 7. roadways and streets in the plat recorded in the office of the County Recorder, Pima County, Arizona as set forth in 1.8, above, and any roadways or streets abandoned, modified, or created by any resubdivision or resubdivisions allowable hereunder. ARTICLE 2. MEMBERSHIP AND VOTING RIGHTS Section 2.1 Membership. Every Owner of a Lot subject to assessment shall be a Member of SYCAMORE VISTA NO.5 HOMEOWNER'S ASSOCIATION, INC., an Arizona corporation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2.2 Voting. Notwithstanding anything in this Declaration to the contrary, each Owner of a Lot shall be entitled to three (3) votes for each Lot owned by such Owner until such time as the construction of a residential dwelling unit shall have been completed on such Lot as determined by the date that the governmental authority who shall have issued the building permit for such dwelling unit shall have issued a written final inspection approval notice or a certificate of occupancy, as applicable, whichever shall occur first, and thereafter, each Owner shall be entitled to cast one vote for each Lot owned. The vote for each Lot must be cast as a unit and fractional votes shall not be ___ allowed. In the event .that.a.Lot.is owned by more than one-person-and-sueh-owners-are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any Member casts a vote representing a certain Lot, it will thereafter be conclusively presumed for all purposes that he/she was acting with the authority and consent of all other owners of the same Lot unless objection thereto is made at the time the vote is cast. In the event that more than allowable number of votes cast for a particular Lot, none of the votes shall be counted and all of the votes for such Lot shall be deemed void. ARTICLE 3. DUTIES, RIGHTS AND POWERS OF ASSOCIATION Section 3.1 Association's Rights and Powers . In addition to the rights and powers of the Association set forth in this Declaration, the Association will have such rights and powers as are set forth in itsArticles .andBylaws. Such rights and powers, subject to the approval thereof by any agencies or institutions required by law, may encompass any and all things which a natural person could do or which now or hereafter may be authorized by law, provided such Articles and Bylaws are not inconsistent with the provisions of this Declaration and are necessary, desirable or convenient for effectuating the purposes set forth in this Declaration. After incorporation of the Association, a copy of the Articles and Bylaws of the Association will be available for inspection at the office of the Association during reasonable business hours. <, Section 3.2 Association's Right of Enforcement. The Association, as the agent and representative of the Owners and Residents, and any Owner will have the right to enforce the 2
  • 8. Covenants and/or any and all covenants, restrictions, reservations, charges, servitudes, assessments, conditions, liens, or easements provided for in any contract, Deed, declaration or other instrument which (a) will have been executed pursuant to, or subject to, the provisions of this Declaration, or (b) otherwise will indicate that the provisions of such instrument were intended to be enforced by the Association. Section 3.3 Contracts With Others. Subject to the restrictions and limitations contained herein, the Association may enter into contracts and transactions with others, including entities owned or affiliated with any director, officer or committee member, and such contracts or transactions will not be invalidated or in any way affected by the fact that one or more directors or officers of the Association or members of any committee is employed by or otherwise connected with such entity or its affiliates, provided that the fact of such interest will be disclosed or known to the other directors acting upon such contract or transaction and provided further that the transaction or contract is fair and reasonable. Any such director, officer or committee member may be counted in determining the existence of a quorum at any meeting of the Board or committee of which he or she is a member which will authorize any contract or transaction described above or grant or deny any approval sought by any such entity or its affiliates, and may vote thereafter to authorize any such contract, transaction or approval with like force and effect as if he or she were not so interested. AR-T-IGb!;-4.- --- ---- - --- --- PROPERTY RIGHTS Section 4.1 Owners' Easements of Eniovment. Every owner shall have a right and easement of enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (1) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Areas; (2) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; as established by the Board of Directors; (3) the right of the Association to dedicate or transfer all or any part of the Common Areas 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 an instrument agreeing to such dedication or transfer signed by owners of a majority of Lots has been recorded; (4) if ingress or egress to any residence is through the Common Areas, any conveyance or encumbrance of such area is subject to the Lot owner's easement. 3
  • 9. ARTICLES. Section 4.2 Delegation of Use. Any owner may delegate, in accordance with the By- Laws, 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 4.3 Common Areas (and private easements), as shown hereon are reserved for the private use and convenience of all owners of property within this Real Property and are granted as easements to Pima County, the City of Tucson, and all utility companies for the installation and maintenance of aboveground and underground utilities and public sewers. Section 5.1 Creation of the Lien and Personal Obligations. Except as otherwise provided for herein, each Owner, by acceptance of a Deed to any Lot, whether or not it shall be expressed in the deed to his/her Lot, is deemed to covenant and agree to pay to the Association: (a) regular dues; (b) special assessments; and (c) any unpaid arrears in regular dues or special assessment that may be due on the date of said owner's acceptance of a Deed to Lot or Lots; such regular dues and special assessments to be established and collected as hereinafter provided. The regular dues and special assessments together with interest, costs and reasonable attorneys' fees, shall be a charge on each Lot and shall be a continuirq lien upon the Lot against which such regular dues and special assessments are levied. Such regular dues, special assessments and any unpaid arrears, together with interest and costs, including reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the regular dues and special assessments fell due. Section 5.2 Purpose of Regular Dues and Special Assessments. The regular dues and special assessments levied by the Association shall be used exclusively for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property, including, but not limited to, engineering, constructions, improvement and maintenance of roadways, utilities, drainageways, equestrianways, easements and any necessary on or off site improvements to the residential Lots and Common Areas. 4 Section 5.3 Dues. Within ninety (90) days prior to the end of each calendar year, the amount of regular dues shall be set by the Board of Directors of the Association. Regular dues for Lots upon which construction of a residence has commenced may be set a higher rate than regular dues for Lots upon which construction of a residence has not yet commenced. The Board of Directors of the Association shall determine the manner and terms of payment of regular dues but shall not impose regular dues that are more than twenty percent (20%) greater than the immediately preceding year's regular dues without the approval of Owners representing a majority of the Lots. Section 5.4 Special Assessments. In addition to the dues authorized above, the Association may levy the following special assessments:
  • 10. (a) General Special Assessments. General Special Assessments may be levied against all of the Lots for the purpose of establishing or reestablishing a reserve fund for paying unusual costs including, but not limited to, engineering, construction, improvement and maintenance of roadways, utilities, drainageways, equestrian ways, easements and any necessary on or off site improvements for the benefit of the Lots and/or Common Areas. Any such special assessment shall have the assent of Owners representing a majority of the Lots entitled to vote and voting on the matter. (b) Individual Special Assessments. Individual Special Assessments may be levied against one or more Lots ("Individual Lots"), but less than all of the Lots, for the purpose of paying costs associated with, but not limited to, engineering, construction, improvement and maintenance of roadways, drainageways, and any necessary on site improvements which benefit only the Individual Lots. Any such special assessment shall have the assent of Owners representing a majority of the Individual Lots entitled to vote and voting on the matter. Special assessments shall be due within sixty (60) days of the date upon which notice of same is given to an Owner. Special assessments not paid timely-shall incur a five percent (5%) late payment penalty and shall bear interest from the date due at eight percent (8%) above the Prime Rate of interest of Bank One, Arizona or a comparable institution. -~--~~---Secti0 n-5-:5-tJ niform-Rate-ot--Special···Assessments:--General Special-assessments shall be fixed at a uniform rate as to all Lots. Individual Special Assessments shall be fixed at a uniform rate as to all Individual Lots. Section 5.6 Effect of Non-Payment of Dues and Assessments. Each Owner shall be deemed to covenant and agree to pay to the Association the regular dues and special assessments provided for herein, and agree to the enforcement of same in the manner herein specified. All delinquent regular dues shall be subject to a late fee of $5.00 if not paid by the 25th day of the month when due. Special Assessments shall be due and bear interest as set forth in Section 5.4 above. In the event the Association employs an attorney for collection of any regular dues or special assessments, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and condition of this Declaration, or for any other purpose in connection with the breach of this Declaration, each Owner agrees to pay reasonable attorneys' fees and costs thereby incurred, in addition to any other amounts dues or any other relief or remedy obtained against said Owner. In the event of a default of any such regular dues or special assessments when due, in which case the regular dues or special assessments shall be deemed delinquent, and in addition to any other remedies herein or by law provided, the Association may enforce each such obligation in the manner provided by law or in equity, or without any limitation to the foregoing, by either or both of the following procedures; (1) 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 to enforce the regular dues or special assessment obligation. Any judgment rendered in any such action shall include the amount of the delinquency until paid, court costs, and reasonable attorneys' fees in such 5
  • 11. amount as the Court may adjudge against the delinquent Owner or Member. (2) Enforcement by Lien. There is hereby created a right to record a claim of lien on each and every Lot to secure payment to the Association of any and all assessments levied again any and all Owners together with interest thereon from the date of delinquency until paid, and all costs of collections which may be paid or incurred by the Association in connection therewith, including reasonable attorney's fees and costs. At any time after occurrence of any default in the payment of any such regular dues or special assessments, 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 delinquency. If such delinquency is not paid within ten (10) days after delivery of such demand, or, even without such a written demand being made, the Association may elect to record 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, shall be recorded in the office of the County Recorder for Pima County, Arizona, and shall contain substantially the following information: (a) The name of the delinquent Owner; (b) The legal description of the Lot against which claim of lien is made; - ---(c) 'Thetotalamount claimed to be dueandowinqfor thearnount of delinquency, interest thereon, collection costs and reasonable attorneys' fees and costs (with any proper offset allowed); (d) A statement that the claim of lien is made by the Association pursuant to this Declaration; (e) A statement that a lien is claimed against said Lot in an amount equal to the amount stated; and (f) A statement that the claim of lien will also extend to all regular dues or special assessments which became due but are not paid from the date of the recording of the claim of lien to the date of payment of al! amounts set forth therein (including interest thereon, reasonable attorney' fees, costs and collection), and that the claim of lien will only be deemed satisfied and release when the Owner is current in the payment of all such amounts. Upon recordation of a duly executed original or copy of such a claim of lien, the lien claimed therein shall immediately attach and become effective in favor of the Association as a lien upon the Lot. Such a lien shall have priority over all claims of lien created subsequent to the recordation of the claim of lien thereof, except only tax liens for real property taxes on any Lot, or assessments on any Lot in favor of any municipal or other governmental assessing unit. 6 Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a realty mortgage or trust deed as set forth by the laws of the State
  • 12. of Arizona, as the same may be changed or amended. 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 such a foreclosure is by action in court, reasonable attorneys' fees, court costs, title search fees, interest and all other costs and expenses shall be allowed to the extent permitted by law. Each Owner hereby expressly waives any objection to the enforcement and foreclosure of such lien in this manner. The failure to pay assessments shall not constitute a default under an insured mortgage. In the event that the Association purchases or holds a Lot which it has acquired in order to protect its lien, the Association shall list such Lot for sale with an independent, third party (licensed) real estate broker. Section 5.7 Subordination of the Lien to Mortgages. The Association's lien for Assessments shall be subordinate to the lien of any first mortgage. The sale or transfer of any Lot pursuant to a foreclosure of a first Mortgage or any proceeding in lieu thereof (such as a sale under a power of sale or a deed in lieu of foreclosure) shall extinguish the Association's lien as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve any Lot from liability for any assessments thereafter becoming due or from the Association's lien therefor. In the event of foreclosure of a first mortgage or the taking of a deed in lieu thereof, such first mortgagee shall be fully liable for all unpaid assessments or other charges which accrued prior to the acquisition of title to the Lot in question by such first mortgagee as well as all accruing charges. Section 5.8 Suspension of Voting Rights for Delinguent Assessments. No Owner of a Lot for which annual dues or special assessments are delinquent shall be qualified or eligible to vote on any matter presented to the Members. ARTICLE 6. ARCHITECTURAL CONTROL Section 6.1 Composition of Committee. All building plans for any residence, building, swimming pool, wall, fence, coping, or other structure whatsoever to be erected on or moved upon any Lot or any part of any Lot, and the proposed locationthereof on any Lot, and the exterior color scheme thereof, and any changes after approval thereof, and any remodeling, reconstruction, alteration, or additions to any building or other structure on any Lot shall be subject to approval in writing of an architectural committee appointed by the Directors of the Association. The architectural committee may establish a reasonable fee to cover services in studying the plans and specifications submitted and for inspecting the Lot and such fee shall be paid by the Owner at the time such plans are submitted for approval. Section 6.2 Review by Committee. Before the Owner of any Lot shall commence the construction, installation, or alteration of any residence, building, swimming pool, patio wall, fence, coping, or other structure whatsoever on any Lot, such Owner shall submit to the architectural committee two complete sets of plans, specifications and construction details for said structure showing the nature, kind, shape, height, materials, exterior color scheme, location, and approximate cost of such structure and the grading of 7
  • 13. the Lot to be built upon. No structure of any kind shall be erected, altered, placed, or maintained upon any Lot unless and until the plans, specifications, and construction details therefor shall have received the written approval of said architectural committee. -~----------~ Section 6.3 Procedures. The architectural committee shall either approve or disapprove said plans, specifications, and construction details within thirty (30) days from the receipt thereof. One set of said plans, specifications, and construction details with the architectural committee's approval or disapproval endorsed thereon shall be delivered to the person submitting said plans, specifications, and construction details to the architectural committee and the other copy thereof shall be retained by the Association. If said architectural committee shall fail, in writing, to approve or disapprove of such plans, specifications, and construction details within thirty (30) days after the delivery thereof and no action has been instituted to enjoin the doing of the proposed work, the provisions of this Section shall be deemed waived. The architectural committee shall have the right to disapprove any plans, specifications, and construction details submitted as aforesaid if such plans, specifications, and construction details are not in accordance with all of the provisions of this Amended Declaration or if, in the opinion of the architectural committee, the site, design, or color scheme of the proposed building or other structure is not in harmony with the general surroundings of such Lot or with the adjacent buildings or structures, or if the plans, specifications, and construction details submitted are incomplete. The decision of such architectural committee shall be final. --- -- -- ------ -- ---------- - Section 6.4 Liability. Neither the Association nor any architectural committee of the Association shall be responsible in any way for any defects in any plans, specifications, or construction details submitted in accordance with the foregoing, nor for any structural defects in any building or structure erected according to such plans, specifications, and/or construction details. 8 Section 6.5 Building Restrictions. The Board of Directors of the Association may establish Design Guidelines for the Property which once adopted, shall have the same force and effect as this Declaration. Section 6.6 Radio & Television Antennas/Satellite Dishes/Solar Energy Devices. No exterior antenna or other device for the transmission or reception of television, radio or other signals (except television antennae and fixed wireless devices that are one (1) meter or less in diameter) shall be erected or maintained on any lot without the Association's prior written approval. Television antennae and fixed wireless devices that are one (1) meter or less in diameter should not be installed so as to be visible from neighboring property and should be painted to match the improvements on the lot (if such painting does not void the device's warranty) so long as an acceptable signal can be obtained. No solar devices of any type shall be erected or installed on any Lot without the prior written approval of architectural committee.
  • 14. ARTICLE 7. MAINTENANCE Section 7.1 Exterior Maintenance. All rubbish, tree and bush trimmings, trash, or garbage shall be removed from the Lots and shall not be allowed to accumulate thereon. All Lots shall be maintained free of weeds, and the exterior of all residences and other improvements on Lots shall be kept in an attractive,well- maintained condition in conformity with all other Lots and residences in the Real Property. The Association will have the right to require any Owner to landscape and/or maintain landscaped areas, or to maintain natural areas in their natural state on any lot or on any right-of-way between a Lot and a sidewalk, street, path or natural area which is part of or immediately adjacent to such Lot. In the event the Board of Directors of the Association determines that such maintenance does not conform to the standard of the neighborhood, the Association shall notify the Lot Owner in writing and request the necessary maintenance be completed within thirty (30) days, and the Board shall use a reasonably high standard to determine whether such maintenance is required so that the Lots and residences, as a whole, will reflect a high pride in ownership. In the event any Owner fails to fulfill its obligations under this Section within the stated time period, the Association or its agent may enter upon the subject Lot to perform the maintenance and the cost thereof shall become part of the assessment to which such Lot is subject. The Association also has the right, by agreement with Owners, to maintain parts of Lots __direct/y_adjacent to public or private rights:of-W9Yat th~_expense otjhe A??9cj~tton_yvhe_rLth~ __ Board determines that it is to the benefit of all Members that the Association accept such responsibility. Each Owner hereby grants to the Association an easement over, across, and upon each Lot for the purpose of performing the maintenance described in this Section. Section 7.2 Native Growth. The native growth on the Property, including cacti, mesquite and palo verde trees, shall not be destroyed or removed from any of the Lots in said Real Property by any of the Lot Owners, except such native growth as may be necessary for the construction and maintenance of roads, driveways, residences, garages, and other outbuildings, and/or walled in service yards and patios, which native growth shall not be removed prior to commencement of construction, and unless written permission be first had and obtained from the Association. Section 7.3 Landscape Easements. The Association will be responsible for providing and maintaining the landscaping on any Landscape Easements. The Board will use a high standard in providing for the repair, management and maintenance of said property so the Real Property development will reflect a high pride of Ownership. In this connection the Association may, subject to any applicable provisions on special assessments for capital improvements, in the discretion of the Board: (a) Replace injured and diseased trees and other vegetation in any Landscape Easement, 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; 9
  • 15. (b) Place and maintain upon any Landscape Easement such signs as the Board may deem appropriate for the proper identification, use and regulation thereof; (c) Do all such other further acts which the Board deems necessary to preserve and protect the Landscape Easement and the beauty thereof, in accordance with the general purposes specified in this Declaration. The Board will be the sole judge as to the appropriate maintenance of all Common Areas, Landscape Easements and other properties maintained by the Association. Any cooperative action necessary or appropriate to the proper maintenance and upkeep of said properties will be taken by Owners, Residents and their families, the Board, or their duly delegated representative. The Board may cause the Association to contract with others for the performance of the maintenance and other obligations of the Association under this Section and, in order to promote uniformity and harmony of appearance, the Board may also cause the Association to contract to provide maintenance services to Owners of Lots having such responsibilities in exchange for the payment of such fees as the Association and Owner may agree upon. Section 7.4 Assessment of Certain Costs of Maintenance and Repair. In the event that the need for maintenance or repair of Landscap~J;~§~m~m;;_9Dd QtbeLareas_maintained_by the Association is caused through the wilful or negligent act of any Owner, his family, guests, invitees or designees, the cost of such maintenance or repairs the cost thereof shall become part of the assessment to which such Lot is subject; provided that, to the extent permitted by applicable law, absolute liability (that is, without fault or negligence) is not imposed on Owners for damage to the Common Areas, Landscape Easements or Lots. Any charges or fees to be paid by the Owner of a Lot pursuant to this Section in connection with a contract entered into by the Association with the Owner for the performance of an Owner's maintenance responsibilities shall become part of the assessment to which such Lot is subject. ARTICLE 8. USE RESTRICTIONS Section 8.1 Private Residential Purposes. Each and every Lot shall be used for privateresidence purposes only, and no structure whatsoever other than the one private, one-family residence, together with private garage, guest house, and the necessary outbuildings shall be erected, placed or maintained on any Lot. No store or other place of business of any kind, other than a professional office which does not create traffic; no hospital, sanatorium or other place for the care or treatment of the sick or disabled, physically or mentally; nor any theater, bar, or other place of entertainment; nor any church, organization headquarters, meeting place, or assembly hall, shall ever be erected or permitted upon any of the Lots or any part thereof, and no business of any kind or character whatsoever shall be conducted in or from any residence on the Lots. This section is subject to the exceptions enumerated in Section 8.5, below. Section 8.2 Minimum Floor Area. The principal residence shall have a minimum fully 10
  • 16. enclosed floor area devoted to living purposes, exclusive of porches, terraces, garage, and servant quarters of one thousand two hundred (1,200) square feet. Section 8.3 Renting. An entire Lot, together with the improvements thereon, may be rented by the Owner to a single family, but not as a rooming house or otherwise. Section 8.4 Animals and Wildlife, Native wildlife residing on or passing through the site shall not be disturbed. No horses, cattle, sheep, goats, farm pigs, rabbits, poultry, or other livestock shall be kept or maintained on any part of the Property. This restriction shall not be construed, however, as prohibiting the keeping of ordinary domestic pets in a reasonable number upon a Lot; provided, however that the Association shall have the right to order, after 10 days written notice, the removal from any Lot of any birds, fowl, or animals which may be Objectionable to any of the residents of adjacent property. No domestic pet will be allowed to make an unreasonable amount of noise or to become a nuisance. The Owner of said birds, fowl, or animals shall remove the same from their Lot upon receipt of said notice in writing from the Association. Section 8.5 Temporary Structures. No temporary house, trailer, tent, garage, or other outbuildings shall be placed or erected on the Lots, except for a temporary office of a developer, licensed contractor or real estate broker, and no residence shall be occupied in any manner at any time prior to completion; provided, however, that during the actual construction or alteration-of a building on.any-Lot,-.necessary-temporary-buildings-for-storage . of materials may be erected and maintained by the person doing such work. The work of constructing the residence shall be prosecuted diligently from the commencement thereof until completion. In no event shall construction time be over one (1) year. Section 8.6 Signs. No signs other than a "for rent," "for sale," or "open house" sign no larger than 3 feet by 3 feet may be placed on any Lot. Only signs approved by the Board of Directors of the Association shall be placed on the Common Areas. Section 8.7 Elevated Tanks. No elevated tanks of any kind shall be erected, placed, or permitted upon any part of the Property. Any tanks for use in connection with any residence constructed on the Property, including tanks for the storage of water, natural gas, fuel oil, gasoline or oil must be buried, walled in or kept screened by adequate planting, walls, or other means in such manner as to conceal them from the view of the neighboring Lots and streets. Section 8.8 Unsightly Articles. Evaporative coolers or other air conditioning units or towers may be placed on the roof of any structure; however, any such units, clotheslines, equipment, service yards, wood piles, or storage piles shall be walled in or kept screened by adequate planting, walls, or other means in such manner as to conceal them from the view of streets or public ways. Section 8.9 Automobile Repair. No trucks, cars, recreational vehicles, boats, motor homes, or any other vehicle or means of conveyance shall be dissembled, overhauled, painted, or otherwise maintained or repaired within the view of any neighboring Lot, street, or in public 11
  • 17. ARTICLE 9. EASEMENTS view. No inoperative vehicle or other means of transportation shall be parked or stored within the view of any neighboring Lot, street, or in public view. Section 9.1 Blanket Easement. An easement and right-of-way in perpetuity is hereby reserved for the benefit of all Lots in the Real Property for the erection, construction, maintenance, and operation of pole lines with the necessary cross arms for wires for the transmission of electrical energy and for telephone lines and telegraph lines, for the laying and maintaining of pipes, mains, and conduits for the furnishing of water, gas, sewer service, or for other purposes, together with the right of entry for the purpose of installing, maintaining, and reading electric and water meters, together with the further right to the Association or any subsidiary, assignee, or successor thereof, to conveyor lease the whole or any portion of such easement, right-of-way, and right of entry to any person or persons or to any corporation or municipal body over, under, along, across, upon and through the easements as shown on the Plat of said New Tucson Unit No.5, as filed of record in the office of the County Recorder of Pima County, or any resubdivision of the Property as allowed by these CC & R's. "Streef' includes thoroughfares, drainageways, equestrianways, alleys and drainage -easements-shewn-on-the-Plat- ----- ~---- ----. . --- ------- ------- "Service installations" means pole lines (including wires), pipes, mains, conduits, and other appliances, whether similar or dissimilar, for which easements are reserved, as stated elsewhere in this Declaration, or which have been installed, or are used, or are intended for supplying (whether in a private capacity or as a public utility), water, gas, telephone, electric, power, television, and sewer service at or to the Property or any Lot within the Real Property. When any land within the Real Property is conveyed subsequent to recording this Declaration, there shall be deemed to have been reserved and/or excepted from such land, without so stating in the deed or other instrument by which such conveyance is made, the following: (1) All services installations within the Real Property, wherever situate; (2) An easement and right of way over, under, along, across, upon and through the land conveyed and over, under, along, across, upon and through all "streets" within the Real Property, whether abutting upon the land conveyed or not, for maintaining, operating, repairing, replacing, relocating, enlarging, and constructing existing installations; and (3) An easement and right-of-way over, under, along, across, upon and through any utility easement strip on the land conveyed, and over, under, along, across, upon and through all "streets" within the Real Property, whether abutting upon the land conveyed or not, for installing, maintaining, operating, repairing, replacing, relocating, enlarging, and constructing, without limit upon the number of times the right is exercised, pole lines (including wires), pipes, mains, conduits, and other appliances, whether similar 12
  • 18. or dissimilar, for supplying (whether in a private capacity or as a public utility) water, gas, telephone, electric power, television, and sewer service to the lands or any land embraced within the Real Property. Section 9.2 Landscape Easements. On all Lots, any area dedicated as a landscape or drainage easement shall be kept in a natural state with existing native vegetation and prescribed drainage control structures. The Owners shall not erect fencing, or any other structure except with express written permission by the Association. The Owners may install landscaping and drainage control devices with written permission by the Association. Each Owner of each Lot hereby grants to the Association an easement over, under, along, across, upon and through each Lot for the purpose of maintaining the landscape easements. Section 9.3 Native Plant Preservation Ordinance. The Association through its representatives, or agents has submitted as part of the development process a Native Plant Preservation Plan pursuant to the Pima County Native Plan Preservation Ordinance 18.72.080. Section 18.72.080 C 2 allows the CC&Rs to include provisions to assure the continued preservation status of transplanted specimens in a healthy yard vigorous condition. Further, salvaged plants have been or will be located within the front yards of the individual Lots, as allowed by Section 1R72.100 for the purpose of improving public and private streetscapeand to limit-the net loss of native plant diversity and volumes and wildlife habitat on the site. The Association shall have, in addition to all other easements created hereunder, a Landscape and Maintenance Easement over the front fifteen (15) feet of each Lot for the purposes set forth in the Native Plant Preservation Ordinance. Further, the Association shall preserve and protect in a healthy and vigorous condition, the native plants salvaged or transplanted into said Landscape and Maintenance Easement. Section9.4 Approvalby PimaCounty.The preceding Section 9.3 'Native Plant Preservation Ordinance' may not be amended without the prior written approval of Pima County. Section 9.5 Rear Yard Slope Maintenance Area. The Association and its representatives, assigns, or agents shall have the right and easement in its sole discretion and in addition to all other easements created hereunder, to shall have, in addition to all other easements created hereunder, over the rear yard slope areas of each Lot for the purposes of maintaining and repairing such slopes as drainageways in accordance with the rules and regulations of the governmental authorities having jurisdiction and/or as otherwise deemed reasonable by the Association." ARTICLE 10. IMPROVEMENT OF LOTS Section 10.1 Purpose. One of the primary purposes of this Declaration is to provide for engineering, construction, improvement and maintenance of roadways, utilities, drainageways, equestrianways, easements and any necessary improvements to 13
  • 19. the residential Lots and Common Areas of the property, as well as development, sale, maintenance, preservation and architectural control of residential Lots and Common Area within the Real Property. Section 10.2 Right of Entry & Right to Apply for Permits and Approvals. The Association and its representatives, assigns or agents shall have the right of entry on to each lot in the Real Property for the purpose of performing any engineering or the construction of any on or offsite improvement or improvements, the maintenance of roadways, utilities, drainageways, equestrianways, easements and any necessary on or offsite improvements to the residential Lots and Common Areas of the Real Property, as well as sale, maintenance, preservation and architectural control of residential Lots and Common Area within the Real Property. The Association is hereby appointed the Agent of the Owners for the purpose of applying for any and all licenses, permits or approvals required by any and all private or govemmental agencies for the purpose of improving the Lots as provided for by this Article or as otherwise provided by this Declaration. Section 10.3 Easements Annexations & Governmental Agreements. The Association and its representatives, assigns, or agents shall have the right in its sole discretion to dedicate easements on common area(s), if any, or on any or all of the Lots in furtherance of the development of the Real Property, as required by any govem_mentalentity or as needed for the engineering, construction, improvement and maintenance of roadways, utilities, drainageways, equestrianways, easements and any necessary on or off site Improvements to the residential Lots and Common Areas of the Real Property. Further,the Association and Its representatives, assigns, or agents shall have the right In its sole discretion to enter into any and all agreements with either govemmental or private entities related to development of the Real Property, including but not limited to Annexation Agreements, Pre-Annexation Agreements, Water, Sewer and other utility agreements. Only the signature of the President (or other authorized officer) of Sycamore Vista NO.5 Homeowner's Association, shall be needed to bind the association to any agreement authorized under ARTICLE 10 IMPROVEMENT OF LOTS. Section 10.4. Delegation to Master Homeowners Association. The Sycamore Vista Master Homeowner's Association, Inc., an Arizona corporation (Master Association'), is appointed as the agent of SycamoreVista No.5 HomeownersAssodation,Inc.,an Arizonacorporation,for the purposeof exerdsingall povversgrantedthe AssodationunderARTICLE 10 IMPROVEMENTOF LOTS. Only the signatureof the President(orotherauthorizedofficer)of SycamoreVistaMasterHomeoM1er'sAssociation, shallbe neededto bindthe assodationto anyagreementauthorizedunderARTICLE 10 IMPROVEMENT OF LOTS. 14
  • 20. ARTICLE 11. GENERAL PROVISIONS Section 11.1 Enforcement. (1) All provisions, conditions, restrictions, and covenants herein shall be binding on all Lots and parcels of real estate and the Owners thereof, regardless of the source of title of such Owners, and any breach thereof, if continued for a period of thirty (30) days from and after the date that the Association or other Owners shall have notified in writing the Owner or occupant in possession of a Lot upon which such breach has been committed to refrain from a continuance of such action or to correct such breach, shall warrant the Association or any Lot Owner to apply to any court of law or equity having jurisdiction thereof for an injunction or other proper relief, and if such relief be granted the court may, in its discretion, award to the plaintiff in such action his/herlits reasonable expenses in prosecuting such suit, including attorneys' fees and costs. (2) Notwithstanding anything which may be contained herein to the contrary, any violation of the foregoing provisions, conditions, restrictions,or covenants which existed on the recording date of this Declaration shall be considered a breach hereof, and shall be subject to enforcement pursuant to this Declaration. (3) No violation of the foregoing provisions, conditions, restrictions or covenants shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any portion of the Real Property but such provisions, conditions, restrictions, and covenants shall be enforceable against any portion of the Real Property acquired by any person through foreclosure or by deed in lieu of foreclosure for any violation of the provisions, conditions, restrictions, and covenants herein contained occurring after the acquisition of the Real Property through foreclosure or deed in lieu of foreclosure. (4) No delay or omission on the part of the Association, or the Owner or Owners of any other Lot or Lots in the Property in exercising any right, power or remedy herein provided for in the event of any breach of any of the provisions, shall be construed as a waiver thereof or acquiescence therein, and no right of action shall accrue nor shall be brought or maintained by anyone whomsoever against the Association, nor shall the Association be liable for any damages for or on account of its failure or neglect to exercise any right, power or remedy herein provided for in the event of any such breach, or for imposing herein provisions, conditions, restrictions, or covenants which may be unenforceable. Section 11.2 Existing Violations of this Declaration of Covenants, Conditions and Restrictions. If a violation of this Declaration of Covenants, Conditions and Restrictions should exist on one or more lots at the time of their Effective Date, then that violation shall be permitted hereunder, provided, however, should the violation be abated or cease to exist, it shall not be permitted to be rebuilt or reconstructed. Section 11.3 Severability. In the event that anyone or more of the provisions, conditions, restrictions, and covenants herein set forth shall be held by any court of competent 15
  • 21. jurisdiction to be null and void, all remaining provrsions, conditions, restrictions, and covenants herein set forth shall continue unimpaired and in full force and effect. Section 11.4 Term. The aforesaid provisions, conditions, restrictions and covenants, and each and all thereof, shall run with the land and continue and remain in full force and effect at all times and against all persons until twenty (20) years from the date of their recordation. Thereafter, they shall be deemed to have been renewed and automatically extended for successive periods of ten (10) years each, unless repealed by the written consent of the then Owners of a majority of the Lots at any time within the first year of any ten (10) year extension period. Section 11.5 Amendments. This Declaration may be amended by an instrument in writing, signed and acknowledged by the President and Secretary of the Association, if one exists, certifying that such Amendment has been approved by the vote or written consent (with or without an Association meeting; subject, however, to the voting rights set forth herein) of the then Owners of a majority of the Lots, and such amendment shall be effective upon its recordation with the County Recorder of Pima County, Arizona. Section 11.6 The Mortgaging of the Common Areas. The Common Areas cannot be mortgaged or conveyed without the consent of the Owners of a majority of the lots. Section 11.7 Counterpart Signatures. This Declaration may contain more than one counterpart of the signature pages and may be executed by the affixing I of the signature of each of the Owners to one of such counterpart signature pages and all such counterpart signature pages shall be attached to one Declaration and read having the same force and effect as though all the signatories had signed a single page. Section 11.8. Transfer Fee. Each purchaser of a Lot shall pay to the Association, or other partydesignatedby theAssociation,immediatelyupon becomingthe ONner of such Lot a transferfee in such amount as is establishedfrom time to time by the Board of Directorsof theAssociation.Payments made pursuant to this Section 11.9 shall be separate non-refundable payments and shall not be considered as an advance payment of any regular dues and/or special assessments levied by the Association pursuant to this Dedaration. Section 11.9. Master Association Rights. The Master Association has been formed by and among the following associations (hereafter "Sycamore Vista HaAs"): Sycamore Vista No. 2 Homeowner's Association, Inc., Sycamore Vista No. 5 Homeowner's Association, Inc., Sycamore Vista No.7 Homeowner's Association, Inc., Sycamore Vista No.8 Homeowner's Association, Inc., Sycamore Vista No.9 Homeowner's Association, Inc., Sycamore Vista No. 10 North Homeowner's Association, Inc., and Sycamore Vista No. 10 South Homeowner's Association, Inc. Without limiting the generality of the authority of the Master Association otherwise provided herein or in any other recorded documents, the Master Association through its Board of Directors and appropriate officers shall have the following rights and obligations; (a) To receive, manage and maintain common areas including but not limited to common drainage areas, within and between the Sycamore Vista HOAs; To acquire property 16
  • 22. •. for, construct, manage and maintain any arid all recreational facilities common between the Sycamore Vista HOAs (provided, however, that this shall not require same to be constructed); (b) To cause to be constructed all improvements to roadways, utilities, drainage ways and Lots, including but not limited to grading, Lots and Common Areas of this Association and maintenance and preservation of same; (c) Fix, levy, collect and enforce payment by any lawful means, including lien of assessment, regular dues and special assessments as provided in Article 5 hereof, except that any special assessment shall be approved by a majority of the Board of Directors of the Master Association and no vote of the members of any Sycamore Vista HOA shall be required for any special assessment levied by the Master Association. The regular des and special assessments shall be used to pay all expenses In connection with and incident to the conduct of the business of the Master Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Master Association. In the case of any dispute between the Master Association and the Sycamore Vista HOAs, the decision of the Master Association Board of Directors shall be final. Section 11.10.Arbitration, In the event of any dispute involving any Owner, the Association, or any of its directors, officers, agents, employees or representatives, relating in any way to this Declaration or, without limitation, to any right, obligation, or privilege hereunder, or relating in any way to Jheoperation or management of the Association.jhe.mahtenance or use of Common Areas, or to the construction of improvements upon the Property, or to any representations made or allegedly made by any person, each Owner and Member, and the Association for themselves and their agents and contractors, agree that such dispute shall not be litigated in any court or judicial tribunal, but rather shall be arbitrated in accordance with the Construction and Commercial Arbitration Rules of the American ArbitrationAssociation. At least three arbitrators shall preside in. any case involving a claim in excess of One Hundred Thousand ($100,000.00) Dollars. Any arbitration shall take place in Pima County in the State of Arizona, and not elsewhere. Judgment upon a final award may be rendered by any court of competent jurisdiction. Notwithstanding the foregoing, the Association shall not be required to arbitrate any matter relating to the imposition of any fine, regular dues and/or special assessments, assessment lien, or the foreclosure of any assessment lien, nor shall the Association be precluded from seeking injunctive relief in court to enforce compliance with the provisions hereof. Section 11.11. Purchase of Unusable Lots by Master Association. The Owners and the Association acknowledge and agree that, to the extent that any grading or other improvements that may be done or constructed or calmed to be done or constructed by the Master Association may render any Lot to be practicably unusable to accommodate the construction and occupation of a dwelling unit thereon, fit the sole discretion of the Master Association, the Master Association shall be entitled to purchase such Lot(s) from the Owner(s) of Such Lot(s) at a price and upon terms reasonably acceptable to the Master Association and such Owner(s). 17 Section 11.12. De-Annexation of Additional Real Property. The Association shall be authorized to de-annex from the jurisdiction of the Association and from the Property covered by this Declaration the already improved Lots which constitute the real property described in Exhibit liP'
  • 23. attached hereto and incorporated herein by this reference, De-Annexation shall have the effect of reviving the previous "Declaration of Restrictions" preceding this Declaration. The undersigned certifies that this Third Amended Declaration of Covenants, Conditions and Restrictions for Sycamore Vista No. 5 was approved by members representing at least a majority of the Lots. SYCAMORE VISTA NO.5 HOMEOWNER'S ASSOCIATION, INC., an Arizona nonprofit corporation By: Its: STATE OF ARIZONA ) )ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this __ day of :-:-:---:-:- ' 2013 by Steven Russo, President and Secretary of SYCAMORE VISTA NO.5 HOMEOWNER'S ASSOCIATION, INC., an Arizona nonprofit corporation, on behalf of the corporation. Notary Public My commission expires: 18