Questa Vida Homeowner s Association

Transcription

1 Questa Vida Homeowner s Association Declaration of Covenants, Conditions and Restrictions

2 - :ECOROED 1 C 2.a-7iSa 3 -t E:.::, U.t-p.IS - I... DECLARATION SI)Bh1 CTTTNG PROPERTY TO SQOILs.L. HORIZONTAL PROPERTY REGIME TOGETHER WITH \(O() A COVENANTS, CONOITIONS AND RESTRICTIONS FOR OUESTA VIDA CONDOINtUHS TARLE OF- CONTENTS ;q SECTION NO. TITLE PAGE Section 1. ESTARLISMET OF FREEHOLD ESTATES 2 J Section 2. NAME 2 Setinn 3. OEFTNITtOI4S 2 THIS INSTRUMENT IS RECORDED FOR IKE SOLE PURPOSE 3.2 OF: Crrccting Page to 3.3 show that the real property 3.4 s located in Tcmpc, Arizona 3.5 fnot Phoenix, Arizona): and 3.6 it. correct paragcph p.ig 5, to show the piac of 3.8 5urvey to be recorded in 3.9 Book 256 Cnot 259) of Maps, 3.10 Page 3 etc IN OFFICIAL RECORDS CF MARICO A COUNTY, ARIZONA SE? :it It LL HENRY, COUNTY RECORDER ;EE //k.epcs SectIon 4. IIECOROED ia OFFICIAL RECQIDS OF MAR7A COUNTY, A%ONA Act Un it Apartment Unit or Apartment Articles of Incorporation Assoclat ton floard of Directors fluilciinq fly t.a Common Expenses Common Elements COn.mfnLUmS Condominium Constituent Documents Condominium Project Dec ta rant First Mortoaqe Declaration Majority Owners Co Owner Occupant Parcel Pm snn Plat CondmLnium Property Record Servicer HORIZONTAL PROPF.RTY REGIME AND PESCRTPTIONS Common Elements and Ce Title Proportionate Share of Ownersh iii 2 -I (.., SEP15 83-I tlc,4nfty, COUNrY,%ECORC,ER FCE </t.i PCy./J I \

3 C, TAI3LE OF CONTKNTS )4 (17 Ouesta Vtd Condominiums Sd Ja-.J- 4.1 Cubic Content Space Common Elements Phasing Explanation Section 5. CONSENT TO RESTRICTIONS1 COVENANTS AND.ONDITIONS 7 Sectfon 6. USE AND OCCUPANCY RESTRICTIONS Occupancy 6.2 Common Rlemcnts Nuisance Lawful Use L.eesing Pets 6.7 Signs 6.8 Business Activities Declarent Exempt Common 1a1lm 6.11 F.xcessfve Nelqht Antennas Rules and Rcqtitaions 10 Section 7. EASEMENTS titility Easements Injress end Egress Easetnents in Parking Arna 7.4 F.mrqoncy F.esent Exclusivo tjse Seccial ingress tiil Egress Easement H 7.7 Encroachments Ii Section 8. CONDEMNATION 12 Section 9. MAtNTINANCE, REPAIRS AND REPLACEMENTS AsseciationS Responsibility Owner1s Responsibility 9.3 common Elements Maintenance Damage to Comon Elements by Owner Changes to Exterior of Unit Ownors Nttftcat1on for Ned of Rn1air 14 Section 10. Ar.TERArIONS, ADDITtONS AND 1MPROVMF.NTS 14- Li.

4 ( ft TAELE OF CONTfNTS Vida Condominiums 0u sta J13 Section Section Section 11. ARCHIThCTURAt. COMt1ITTF.F 12. DCORATtNO ASSOCIATION Deft 13.2 Memhershtp Board of Board s Binding Voting of by Bomeownets 18 ition. ers, ot flirnctors the Association Control I)etnrminatton Riqhts Association Section 14. ASSESSMENTS 18 Section 14.1 Common ExpunSes Amount of Assessment by Board Accounting 20 of Amounts Due Dates of 14.? F2xemjtion of Owner Lien 14.9 Enforcement of Lien 21 Mortgaqes Assessments of 21 t4.4 Deterination Notification Creation n the Assessment Assessments t.ien Subordination of the to Rights Subject to First Mortagees 15. TRANSIER PEE 21 Section it,. INSURANCE 21 Section Mandatory on Mortgagee 24 IA.5 Non Liability Premiums Claims Authority to Purchase Coverao Provisions Insurance Policies First tion/board Insurance Benefit Protection of Associa 17. MAXIMUM ANNUAL ASSESSMENT tncreases in Minuet Assessments 26

5 ( r trr TADLE OF CONTENTS Oucsta Vfda Condomjnium SectIon 13. Section 19. Soction 20. Snction 21.. Section 22. Section 23. Section 24. Section 25. Section 26. SectCon 27. Soction 28. SectCon 29. Section 30. Section 31. SectIon 32. Section 33. SECTtON Increases in Annual PARKTNG RIGHT I FHA/VA APPROVAL NOTICES NO WAIVER;.RCMEDIES. CUMULATIVE INTERPRETATION OESCRPTIVE HEAD1.NGS GOVERN INC LAW I3INRING EFFECT AMENDMENTS OR SUPPLEMENTS TO DECLARATION Assessment by Maj..rity Vcte 17.3 Amount n Assessment DAMAGE MI) REPAIR 18.1 Common Elements 18.2 Insurance Proceeds Manner of Dishuraements Termination MANAGEMENT AGREEMENTS RIGHTS AND DUTIES OF FIRST MORTGAGEE COVENANTS RUNNING WITH t.ad INVAt.tDITY OF ANY PROVISIONS 11SF OF THE COMMON ELEMENTS VIOLATION OF DECLARATION; REM EDt ES ANNEXATION OF ADDtTI0NAL PROPERTY 25.1 Abandonment of Unannnxed Propettv iv I

6 F I DECLARATION SUBMITTING PROPERTY TO HORIZONTAL PROPERTY REGIME TOGETHER WITH COVENANTS. CONDITIONS AND RESTRICTIONS.OR QUESTA VIPA CONDOMINIUMS -&3 &? fl2 THIS DECLARKTION, is made as of the 15th day of Seceeber 1983, by ED TASCHNER BUILDER, INC., an Arizona corporation, hereinafter referred to as Declarant. W I T N E S S E T H : WHEREAS, Declarant ta the owner of the below described real property situated in the City of Tcmp. County of Maricopa, State of Arizona: See Exhibit A, attached hereto and incorporated by reference. WHEREAS, the Declarant hereby declares that the following described property: See Exhibit B attached hereto and incorporated by reference, 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 whfch shall run with, the real property and be bindinq on all parties having any rights, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. WHEREAS, Declarant desires to submit and subject thdt certain pràperty described above, together with all buildings, improvements and other permanent fixtures of whatsoever kind thereon, and all rights and privileges belonging or in any way nertaining thereto (hereinafter sometimes called Condominium Property or Property ) to a Horizontal Property Reqime pi.rsuant, Sections through , Arizona Revised Statutes, as same may be amended; and, WHfREAS, Dectarant Is further desirous of establishing tot its own benefit and for the mutual benefit of all future owners cit occunents of the property, or any u.i

7 83 39, part thereof, certain easements and rights in, over and upon the property and certain mutually beneficfal restrictions and obligations with respect to the proper use, conduct and maintenance thereof: and, WHEREAS, Deciarant desires and intends that the apartment owners, mortqaqees, beneficiaries and trustees under the trust deeds, occupants and all other persons hereafter acquiring any interest in the property shall at all times enjoy the benefits of and shall hold their interests subject to, the rights, easements, privileges and restrictions hereinafter set forth, all of which are declared to be in furtherance of a plan to promote and protect the cooperative aspects of the property and are established for the purpose of enhancing and perfecting the value, desirability and attr activeness thereof: NOW, THF.REFORS, Declarant, as the owner of the real estate described above, and for the purposes above set forth, declares as follows: 1. EstablIshment of rreehold Estates. Declarant, in order to e.tahlish a plan of condominium ownership for the above described property and improvements, hereby covenants and agrees that It hereby divides said real property into the following separate freehol.d estates: 1. (a) Thirty two (32) separaely destgnatd and legally described freehold estates consistino of the spaces or areaa, being the area or space contained in the perimeter walls of each of the thirty two (321 units in Phase I of said multi family structures constructed on said property, said space being defined and reeerred to therein as Units. 1. fb) A freehold estate consistinq of the remain ing portions of the real property as described and referred to herein as the common areas and facilities of Phase E, which definition includes the multi family structures and the property upon which they are located and specifically includes but is not limited to the land, roof, main walls, slabs, patios and balconies, if any, storage areas, parking spaces, recreational areas and facilities, if any, trees, drives, pipes, wires, conduits, or other public utility lines. 2. Name. The name of this orizontal Pronerty Regime shah he QUESTA VXDA C JNDO{tNiUN5. 3. DefInitions. As used hpretn, unless the context otherwise ruquires; 3.1 Act. Act means Section thrnuqh 2

8 33 561, Artzona Revised Statutes, as the same may be amended. 3.2 Unit. Unit means a part of the property consisting of one or more rooms (excluding the patio, )2 balcony or storage area, if any, and any areas of exclusive use appurtenant to each Apartment) designated by number and Each unit is -located in one of the Plat and is composed of and letter as shown on the Plat. the buildings shown on includes the space enclosed and bounded by the interior and finished surfaces of the floor, ceiling atd perimeter walls, thereof; rovidinq, however, no structural pacts of the which each unit is located, and no pipes, wires, building Lxi conduits, ducts, flues, shafts, or public utility water or sewer lines situated within a unit and forming part of any system serving one or more other dnits o the common elements shall be deemed to be part of any unit. 3.3 Apartment Unit or Apartment. Apartment Unit or Apartment means a Unit, together with the exclusive use of the patio, balcony, storaqe area or covered parking space, if any, assigned and appurtenant to ownership of that unit, and an Apartment Unit shall be referred to by the same number and letter as the unit. All structural parts of the building which each Apartment UnLt Is located, and all pipes, wires, conduits, ducts, flues, shafts, or public utility, water or sewer lines situated within such Apartment Unit and forming part of any system aervinq one or nor,e other Apartment Units or the common elements, shall he deemed to be part of the common elements. 3.4 Articles of Incorporation. Articles of Incorporation or Articies shall mean and refer to the Articles of Incorporation of OUESTh VIDA HOMEOWNERS ASSOCIATION, INC., which will he a non profit corporation whnse membership will be comprised of the owners of all of the units Association. Association means QUESTA VIDA HOMEOWNERS ASSOCIATION, INC., a.i Arizona non profit. corporation, the members of which shall be the owners of all of the units. Board means 3.6 Board of Directors. Board of Directors or the governing body of the Association as more nrticuiarly set forth in paraqranh 13.2 hereof. 3.7 Building. Building means any one (or a.l if the rontext requires) of the muttl family structures to he 4 erected and the existing multi family structure(s) upon the Parcel as showr, upon the Plat..3

9 St I ByLaws. By Laws means the By Laws of the Association as the same may he amenwd f corn time to time. 3.9 Cornmo Expenses. Common Expenses means the items more particularly described in paragraph 14.1 below Ccmmon Elements. Common Elements means the general common elements as t)it term is defined in Section , Arinna Revised Statutes, and incudes the Parcel and all other portions of the property, except the units. Common Elements are more particularly described in paragraph 4.5 below, and are identified on the Plat as Common Elements CondomInium. Condominium means an apattment unit, together with the undivided percentage interest in and to the general common elements, which interest and the general ommon elements are more particularly described in part 4 below, and all appurtenances, including parking spaces Condominium Constituent Documents. Condo minium Constituent Documents means this Declaration and any amendments thereto, the Articles and By Laws, any rules and regulations of the Association and all such other documents as pectain to the condominium pro5ect Condominium Project. Condominium Project means the ñroperty and each and every component thereof. including the apartment wilts and the common el,,ments Declarant. Declarant means ED TASCHNER BUILDER, INC., an Arizona corporation, or its assigns (if specifically so designated by Declarant) First Mortgage. First Hortqage means a first lien deed of trust, as well as a first mortgage, on a unit. First Mortgagee means the holder of a first mortgage, as well as a beneficiary or trustee under a first deed of trust, ite successo and assigns Declaration. Declaration means this instrument by which the property is submitted to a Hori zontal Property Regim as such Declaration may from time to time be amended Majority Owners. Majority or Maurity Owners means the owners of more than fifty percent f50) of the undivtded ownership of tho common elements. Any specified purcentaqe of the owners means that percentage o undivided ownarship of the common elements. 4 U a

10 of Co Owner. Co Owner or Owner or 9intt Owner means the person or pezsons whose estates or interest individually or collectively aggregate fee simple ownership of a condominium and the person or persons who are pur chasers under a valid and outstanding recorded agreement of male with respect to a condominium, but shall not include a person whose Interest is limited to security for a loan unless the context otherwise requires Occupant. Occupait means a person or persons (and if the context so requires, also an Owner) possession of a condominium. in 3.20 Parcel. Parcel means the parcel or tract of real estate described above in this Declaration, submitted to a Horizontal Property Regime Person. Person means a natural individual, corporation, partnership, trustee or other legal entity capable of holding title to real property Plat. Plat means the P1st of survey of the property, which said P1st is recorded in Book 256 of Maps, Page, the official records of the County Recorder of Maricopa County, State of Arizona Condominium Property. Cozidominium Property shall have the same meaning as set forth in Section , Arizona Revised Statutes, as related to, the development which is the subject matter of this Declaration, together with all fixtures and equipment intended for the mutual use, benefits and enjoyment of condominium owners Record. RecodLng or Record refers to the County Records (or recordings in the office of the County Recorder of Maricopa County, Arizona Servicer. Servicer means the person or entity servccingafirst mortgage (including the first mortgagee, if applicable), its successors and assigns. 4. Horizontal Property Regime and Descriptions. The entire Horizontal Property Regime shall be composed of thirty two (32) unls (condomintum), numbered and lettered as shown on the plat, as Phase t, and described herein, together with the common elements thereof. Subject to the provisions of Paragraph 4.6 herein, upon completion of all phases, the entire Horizontal Property Regime will ultinately be composed of one hundred and eighty (180) units. 4.1 Common elements and Fee title. The urcvicier 5

11 fnterest in the common elements and fectitties hereby established, and which shall be conveyed with each respec 83 37a1)2 tive unit space, shall he that fraction in which the numrator is one ii) and the denominator is the total of units in the phase. The undivided interests in the common elements and the fee titles to the respective apartment units conveyed therewith shall not be separated or separately conveyed and each said undivided interest snail be deemed to be conveyed or encumbered with its respective apartment unit, even though the description in the instru ment of conveyance or encumbrance may refer only to the fee title of the apartment unit. 4.2 Proportionite Share of Ownership. The propor tionate shares of Lhe owners of the respective apartment units in the profits and common etpenses of the common elements and facilities shall be the same as the fractional undivided interest established for each apartment unit in paragraph 4.1 above. 4.3 Cubic Content Space. A description of the cubic content space of the buildings with reference to their location of the parcel is Let forth on the piat. The Upper N boundary of each buiidlnq shall be the plane of the exterior ) roof elevaiions of the building, as shown on the plat, and the lower boundary shdll be the ptane of the unfinished floor elevation of the bufldinq (which 5hall include the floor/slab) as shown on the the plat. The vertical boundaries shall be the exterior of the outside walls including any and all projections, such as balconies, roof overhangs, parapet walls, if any). 4.4 Common tlements. The common elements are as defined on the plat at F.xhibit C thereof plus the multi family structures (buildings) specifically including, hut not limited to the &ihs, wails, roof, pipes, wires, con duits, public utility, lines, patios, balconies, or storage areas, Cf any, parking spaces, grounds, landscaping, laundry buildings, and recreational facilities, if any. 4.4 (a) Fach unit shall have assigned to it the exclusivt right to the use of at least one (1) covered parking space, as designated on the attached list, marked as xhibtt 0 which is lncated on the condominium property. The carports are numhere.i on the p1st, and all assignments shall refer to and use the number system skiown on the plat. This right of exclusive u shall he, and is hereby declared to he, an appurtenance to ownership uf te unitr provided, how ever, the actual spaca to he use shall be asstned by the Declarant (or subsequ ntlv by tti. floard), and that assign ment shall he reflected on the records di the Association. Carport spaces nay not h. assinno;1 or relinguished by a 6 U..

12 condominium owner. The use of above any, he units referred to tfons shall of the Board. as well the carports assigned to as subject to the reasonabte rules all other car-ports, fi and requla 4.4 (b) exclusive right to area, if any, Each owner of a use unit shall have the of the patio, balcony, or storage appurtenant thereto and bean appurtenance to ownership of the unit. is hereby declared t set forth in paragraph this Declaraitoi, the concininium project will 4.5 tie 1 of be veloped in The of be used be of of method, whereby owners Ln Phase a common in Phase I based on a pro rata At such time as the of any in and commmön he as so each owner have an pro ratr in Each phase of be of same of and ment and of same in Phase Upon the of any ments and each be same as such each Will be pro rata of the At such as each phase annexed, a document ti, or the same as E and by be used The deed conveying each and unit, in each phase st,al-l an upon Annexation of in change. The which comprise Phase I of condominium been and by Voting In Homeowners be on and as 13.4 will that areas Phasing Explanation. phases. units undivided ownership that interest elersents shall unit project shall tine annexation the adjustment I, are granted will legal ehod title phasing to de unit percentage interest to the share. addittonal phases are added, the the Association adjusted undivided the entire development. the the other charges to type quality that exists all other apartment units, responsible for his rated herein contain recordation of additional Exhibit interest in the herein Set forth structure I. this improve additional phase, all taxes, assess Is t.ference, shall apartment unit shaii share that attached hereto, every total. adjustment provision designating that specified fractional interest attached hereto the unit the similar incorpo for annexation. the the additional phases, that the the Association will legal description of the property the set forth in Section incorporated herein Association-shall to Restrictions, project, ha hereof. reference. 5. Consent Covenants and Each and owner of a condominium by of a deed from any owner, by and who ar. any time any in a agree and of and he hound by, keep and same in compliance With and of and fly-laws, and such as may he by tho tions. herein, Dcclarant or every the acceptance subsequent will the basis, Condi described therefor, whether contracts or agreements to purchase the sane, shall obtain interest part thereol, shall thereby consent, conditions hereof th restrictions, covenants shall thereby agree to Articles requlattons stt-tct incorporation adopted 7 or this Declaration from the signing of all others the property or afftrm all and perform the rules Associat.ion or the and by the

13 Jfl1A fl4$t Board from time to time. Failure to comply with any of the % same shall be grounds for ark-action to recover damages or for injunctive relief, or for the exercise of any other available remwdtes in accordance with law and as set forth herein. Each occupant shall he bound by the provisions of this declaration and the condominium constituent dec imen. 6. Use and Occupancy Restrictions. The use and occupancy of the property shall be in conformity with all deed restrictions and zoning and other ordinances, rules and regulations of all appropriate governmental agencies and, subject to the foregoing, shall be in accordance with the following provisions as long as the condominium project exists. 6.1 Occunancy. No part oi the property shall be used for other than housing and the related purposes for which the property was designed. Each of the apartment units shall be used as a residence and for no other purpose. 6.2 Common Elements. Except for the rights of exclusive use set forth herein, each owner shall have the right to use the common elements in common with all other oners. The use, maintenance and operation of the common element.s will not be obstructed, damaged or unreasonably interferred with by nny owner or occuoant. 6.3 Nuisance. No nuisances shall he allowed upon the rooerty, nor any use or practice which is the source of annoyance to residents or which interferes with th peaceful possession and pro. r use of the property by its rusdent.. All parts of the prororty shall he kept In a clean and 1 sanitary condition, an: no rubb.sh, reuse or garbage shall be allowed to accumulate, n. r an fir hazard allowed to exist. No owner of a ond.iin r. shall permit or suffer anything to be done or kept his apartment unit or make any use of his apartment unit 1ch will. increase the rate of insurance upon the propert-.r any part thereof. 6.4 Lawful Use. No ip; 1raj, improper, offensive or unlawful use shall he made of th. property nor any part thereof, and all valid laws,.onng ordinances and regulations of all governmental. lies having jurldictlon thereof shall bc observed. The rt.;ponsfbllity of meeting thc reqt trements of governmental h dies which require maintenance, modification or repaii of the property shall he the same (either the responsihilicy of the condominium owner or of tha Association) as th respor. ibilfty for the maintenance and repair of the partic.iar part of the property affected. Except for th rqht of ingress and ogrens, the owners n cnndooiniumn a:e horuhy prohihitod and restricted from using any lan s ur atr space outside of their

14 Z3 731X apartment unit except as may he allowed by this Deriaration or by the Association. 6.5 Ceasincl. All leasing contrccts shall he n writing and shall he made subject to the provisions of this Declaration. With the exception of a lender in possession of a unit following a default In a first mortgage, a foreclosure proceedinq or any deed or other arrangement in lieu of foreclosure, no condominfum owner shall be permitted to lease his unit for transient or hotel purposes. No owner may lease less than the entire apartment unit. Any leass coreemont shell he subject in all respects to the provisions of the Declaration and the By Laws and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. 6.6 Pots. Only household pets may he kept in the apartment units; provided, however, the Board, in accordance with paragraph 6.13 below, may limit or vestrict the number and kinds of pets which may he kept in an apartment unit and otherwtso regulate nets. 6.7 Signs. No advertising or other signs shall ho erected, placed or permitted to remain on any apartment unct or th property except as otherwise approved by the Board. The Board may designate a particular place on the property where a for sale or for rent sign o signs may be placed. 6.8 Bustnes Activities. No business activlties shall be conducted in any apartment unit or on any portion of the property, provided, however, the foregoing restric tions shail not he construed in such manner as to prohibit an owner from C I) maintaining his personal professional library therein; lii) keeping his personal, business or orofessional records of accøunts therein; and Ciii) handling his personal business calls or correspondence therefrom. 6.9 Declarant Fxempt.. Until all units have been c1d and conveyed by the Declarant, Declarant may make suh reasonable use f the uhsold apartment units, the common elements and any part of the property as may facilitate the completion of any contemplated improvements and the sale of the condominiums, including, hut not limited to maintenance of construction facilities and offices, males offices, Mdel apartment units, placement of signs on the property and the rights of ingress and egress therefrom. Neither the owners nor the Association shall interfere with any completion of improvements, remodeling or sale of the untts Common Walls. Any wall which separates one Ci) anartment unit from anothnr, shall not he used by an 9

15 ( owner of the apartment Unit for the purpose of attch1ng anythfng to said wall which is recreational or which pro duc.es noise or sound in any way whatsoever, nor shall an owner be permitted to penetrate any said wall in excess of one Cl) inch from the exterior of said wall Excessive Weight. No items of excessive or unusual weight or bulk shall be placed in any :.rrnd floor apartment unit without the prior and express wre n consent of the Board of Directors of the Assr:.con or the Architectural Control Committee Antennas. NO mast, tower, exterior antenna, or.5mi1ar structure shall he erected or maintained on or about any unit without the approval of the Architectural Control Committee. 6.1) Rules and Reu)ations. Reasonable rules and regulations concerning tho Use of the property and all portions th.:reof and Impoming reasonable restrictions upon the owners and use of the units may be made and amended f m time to time by the Board. Notwithstanding the foregoing, until seventy five percent (75%) of all of the condominiums are sold by the Declarant, as evidenced by deeds for ) recorded Agreements of Sale), delivered to purchasers, the Board (without any additional approval of the members of the Association) shall be horlzed to promulgate the rules and regulations referred to dbove. Copies of such regclations and amendments thereto shall he furnished by the Association to all owners snd residents of the property. 7. Easements. The following easements are covenants running with the land of the condominium property: 7.1 (itiltty Easements. The right of the Association to grant easements for utilities is hereby.:eserved throughout the condominium property, as may be required for itillty services in order to adequately serve the condominium project; provided, however, such easements through an apartment unit shall be only according to the plans and specifications for the buildings, or as the buildfngs were constructed unless approved in writing by the Unit owner. 7.2 Ingress and Egress. Easements for ingress and egress are hereby reserved to the owners of condominiums for pedestrian traffic over, through and across sidewalks, paths, walks, and lanes as the same from time to time exist upon the common elements; and for vehicular tr.afffc over, thouq1i and across such portions of the commot elements as fom time to time may be paved and intended for such pur oses. 10

16 7.3 Easements in Parking Areas. Easements are hereby reserved to the owners of condominiums for pedestrian and vehicular traffic over, through and across such drive ways and parking areas as from tine to time may be paved and intended for such purposes; and for the construction and maintenance of water, sower and other utilities. 7.4 Emergency Easement. Further the Association shall have a reasonatñe right of entry upon any unit to make emergency repairs and to do other work reasonably necessary for the proper maintenance or operation of t project enc4 shall have the right to grant permits, licenses and ease ments over the common elements for utilities,, roads and other purposes reasonably necessary or useful for the proper maintenance or operation of the project. 7.5 Exclusive Use. There is hereby created an easement for exclusive use of otherwise described common areas; an easement to he called an Exclusive Use Easement, which shall amount to use by the unit owner of attached patios, balconies, and assigned parking spaces. Even though these areas are within the defined common area, they will be used by the unit owner exclusively. The unit owner sh8ll he responsible to maintain and repair these Exclusive Use Areas. 7.6 Special Ingress and Egress Easement. There is hereby created an ingress and egress easement for the property that is contiguous to the property described as Exhibit A, located at the southwest corner of such described property. This ingress and egress easement amounts to a joint access easement with the members and guests of this Association and the owner of the property, defined as: See Exhibit F attached hereto and incorporated herein by reference. There is also hereby created an easement for the operation of the gates that are to he placed or that are in existence on the property lines between the two properties. It has been agreed by the owner of the property, described in Exhibit F, that the maintenance, repair and upkeep of these gates shall be the responsibility of the owner of the property, described in Exhibit F. 7.7 Encroachmwnts. Each unit and the common lements shall he subject to an easement for encroachments. including, but not limited to, encroachments of walls, celi ig5, ledges, floors and roofs created by construction, sl ttlino and overhangs as originally designed or constructed or a created by discrepancies between the plat and the -) U

17 t S2 - actual construction. If any portion of the common elements shall actually encroach any apartment unit or any apartment unit shall actually encroach upon another apartment unit, as the common elements and the apartment units are shown by the plat, a valid easement for any of said encroachments and for thc maintenance thereof, so long a they stand, shall and does exist.. In the event any apartment unit or structure is repaired, altered or reconstructed, the owners of the units agree that similar encroachments shall be permitted and that a valid easement for said encroachments and for the maintenance thereof shall exist. Owners and any other parties acquiring any interest in the oroperty shall acquiesce and agree to the o cistence of such easements by accepting a deed from any seller or by acquiring any interest whatsoever in the property. 8. Condemnation. Upon a condemnation proceeding, the Asso iation shall designate a representative or other trustee to act on the Msocfation s behalf U a portion of the common elements should he taken by exercise of the power of eminent domain, or should be transferred and conveyed to a condennlng authority In anticipation of such eercise, the entire award made as compensation for such taking, includ ing, hut without limitation, any amount awarded as severance damagea. or the entire amount received and paid in antic ipation of such taking, after deducting therefrom, in each case, reasonable and necessary costs andexpenses, including hut without limitation, attorney s fees, appraiser s fees, and court costs (which net amount is hereinafter in this part 8 referred to as the Award ) shall be paid to the Board, as trustee for all owners and first mortqaqees. If the portion of the common eleme-ts taken or conveyed shall not be comprised of, or include, all or any part ol a build ing, as soon as practicable, the Board shall cause the Award to be utilized for the purpose of repairing and restoring the property, including, if the Board deems it necessarj or desirable, the replacement of any improvements so taken or conveyed. If the portion of the common elements taken or conveyed is comprised of, or includes, all or any part, of a building, the Board shall call a special meeting of the members of the Association, with notice to all first mor gagees then of record with reference to units, to convene within thirty (30) days after its receipt of the award to determine whether and, If so, in what mannwr, the applicable building shall be restored, reconstituted o replaced. If unanimous consent of the owners and of the titat mortqaqees determine not to restore, reconstitute, or replace the applicable building and related imprc.vements, the Board shall utilize the award n effect surh minimum repairs theretn as shall he nec, ry tn comply with all applicable 12

18 9. Maintenance, Repairs and Replacements. Respon building, which shall include, but shall not be limited to the outside walls of the apartment unit, floor and calling slabs, load bearing columns, and all tixtuers cm the exte which are contained in the portions of an apartment unit maintained by the Association, and all facilities contained within an apartment unit which service part or parts of the condclnium property other than the apartment unit within owners to maintain, repair and replace all damages to.s3-3-?1933 requirements of law and shall divide the remainder of the award In as many shares as there are units affected by the 3 173i3; condemnatton. Such shares shall he distributed to the affected owners and first ortgagees, as their interest appears. if the award should exceed the cost of repair and restoration, any excess shall, as soon as practicable following the comnietion thereof, be divided into shares ad distributed in the same manner as provided in the immediate preceding sentence. sibility tor the maintenance, repair and replacement of the property shall be as follows: 9.1 Association s Responsibility. In.onnectton with apartment units, the Association shall maintain, repair and replace, at the Association s expense: ta) All areas of exc1uive use appurtenant to the apartment unit, except patios and balconies and intertors of storage areas (other tt,an structural defects>. 9.1 Cb) Al items with an apartment unit Cexcept interior surfaces), which contribute to the support of the rior boundary walisof an apartment unitserving the common elements or other apartment units. 9.1 Cc) All conduits, ducts, plumbing, wiring and other facilities for th furnishing of utilitj services which such facilities are contained, except for each apartment s heating and air conditioning unit. 9.1 Cd) Notwithstanding the foregoing, the Association shall have the al.horlty to require condominium windows and sliding glass doors except In the case of damage for which insurance proceeds are paid under policies purchased by the Association. 9.2 Owner s ResponsIbility. In connection with apartment units, the owner shall maintain, repair and replace, at the owner s expense: Ca) All portions of his apartment unit except the portions to he maintained, repaired, and replaced by the 13 U

19 a Association. Such work shall he done without Uistu.bing the rights of other apartment unit owners. 9.2 (hi The portions of an apartment unit including but not limited to the following items: service equipment. such as dishwasher, laundry, refrigerator, oven, stove, water heater, heating and air conditioning units, whether or not such items ace built in fixtures; floor coverings except the floor slab: all interior surfaces including but not limited to the inside paint and other inside wall finishes: and, fireplaces, if any, which shall he cleanad at least annually. 9. Common Elements Hantmriance. In connection with the common elements, mainienance, repair and replacement of the common elements shall he furnished by the Association as part of the common expenses, subject to the provisions of this Declaration, the Artic1e of incorporation, the By Laws, and the rules regulations of the Asnociatlon. 9.4 Damage to Common Elements by Owner. If. due to th2 act or neglect of a y owner or i member of his family or household pet or guest or other authorized occupant, or visitor ot invitee of such owner, damage shall he eaused to the common elements or to an apartment unit owned by otirs, or maintenance, repair or rcplacement shall he required which would otherwise he a common expense, then such owner shall, at the extent required by local law, pay for such damage and for such maintenance, repair and replacement to the extent not covered by the Association s insurance. 9.5 Changes to Exterior of Unit. No owner shalt paint or otherwise decorate or change the appearance of.ny portion of the exterior of any building without the prior written approval of the Hoard or Architectural Control Committee. 9.6 Ownet s Notification for Need of Repair. Ea.h owner shall promptly report to the Association any defect or need for repair, the responsibility for remedinq of which is that of the Association. 10. Alterations, Additions and Improvements. Except for original construction work undertaken by Declarant, with respect to any apartment unit or the common elements, there shall be no structural alterations, additions or improve ments to the common elements without the prior approval of the majority of the owners given at a ceq;lar or special meeting of the members of the Association. unless otherwise determined at such meeting, the cost of such alteration, additton or improvement to the common elements shalt he paid by means of a special assessment against the owners In the 14 4

20 ii. Architectural Committee. No huildinn, fence, t I proportion ef their respective undivided tnterests in and to the common elements % Any owner may make nonstructural additions, altera tions and improvements within his unit without the prior written approval of the Board, but such owier ahall he responsible for any damage to other apartments, the common elements or the improvements within an apartment unit. Unless an architect or engineer, licensed in Artzona, rertifjes that an addition, alteration or improvement will not impair the structural integrity of the building, within which It is to be made, such addition, alteration or improvc nient must first be approved by the Board or t ie Architectural Control Committee. The owner shall, tj the extent required by local law, be responsible for any damage to other apartments, the common elements or the condominium porperty which result from any such additions, alterations or inprevemnts. Notwithstanding the foregoing, nc addition, alteration or improvement within the apartment unit, whether structural or not, shall he made without the prior written approval of the Board or the Architectural Control Committee, if said additlon, alteration or improve ment is reasonably visible from other portions of the property or from the surroundtng neighborhood, and prior to granting such approval, the flcird must affrnatevely find that the proposed addition, alteration or ir.iprovement is aesthetically pleasing and in harmony with the surrounding improvements and the property. wall or other structure shall he commenced, erected or maintained upon the properties, not shall any addition, alteration or change to the exterior surfaces of the unit, be made until the plans and speclfications showing the nature, kind, shape, height, materials, and location of the same have been submitted to and approved in writing as to the h.rmony of external design and location in relati.on to surrounding structures and topography, by the Board of Directors, or by an Architectural Control Committee, composed of three (3) or more representatives appointed by the Board. In the event the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after the plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. 12. Decorating. Each owner, at his own expense, shail furnish and be responsible for all of the decora tion within his own apartment unit, from time to time, including painting, wall papering, washing, cleaning, paneling, floor revering, draperies, window shades, cur is

21 83 373i2 tains, lamps and. other furniture and interior decorating; provided however, no reflective materials shall be placed in the windows or on other surfaces which can ho seen from the outside of the buildings, wibout the approval of the Board or the Architectural Control Committee. Subject to the provisions of this Declaration, each owner shall be entitled to the exclusive use of the interior surfaces of the perimeter walls, floors and ceilings within his apartment and such owner shall maintain such surfaces in ciood c di tion, at his sole expense. Said maintenance may be subject to such rules and regulations of the Association as may be necessary for the common good of the property. Decorating of the common elements foter than interior surfaces within the apartment, as above provided), and any re decorating of apartments to the extent made necessary by any damage to existing decoration of such apartment caused by maintenance, repair or replacement work on the common elements by the Association, shall be furnished by the Association as part of the windows and glass doors (If any) forming part of a perimeter wall of an apartment shall be cleaned or washed at the expense of each owner unless the Board determines other wise. Decorating of patios and balconies shall be the responsibility of each unit owner having the use of such, but subject to the rules and regulations of the floard. 13. AssocfaH.on. The Association has been or vill he formed no later than thirty (30) days. after tha convey ance of the ftrst condominium In tne project, and shall fulfill its functions pursuant to the provistons of the condominium constituent documents Definition. Powers, Membership. The Association shall constitute the council of co owners which shall be comprised of any person, corporation, partn.rship, or other legal entity capable of holding or owning any interest in real property, which owns all or an intercst in an apartment within the building, as that term is defined in the Hori zontal Property Regime Act. The Association shall serve as the governing body of the condominium project, and without limiting its powers and function, the Association shall provide for the maintenance, repair, replacement, admini stratton and operationof the property, the assessment of expenses, payment of losses, disposition of hazard insurance proceeds, and other matters as provided in Arizona Revised Statutes, Section , and the condominium constituent cumcnts. The Association shall not he deomed to be con ducing a business of any kind, and all funds received by the Assncistion shall be he.d and applied by it in accord ance with the provisions of the condminlum constituent documents. each unit owner shalt he a member of the Associ atton and have one (1) vote in the Association for each unit owned, so long as he shall ho an owner, and such membership -- I.. r.

22 V V ( roj -.. e.%. -&B--a1aaa. shall automatically terminate when ho ceases to be an Owner ard upon the transfer of his ownvrncp interest the new owner succeeding to such ownership nl erest shall likewise succeed to such membership In the. sso:ietion, subject to the provisions of Section 13.4 herein Board of Directors of the.ssociation. The Board of Directors shall b elected by the membeçs of tho Association. The first annual meeting of the members of the Association of the corporatfo.i shall be held within sixty (60) days after the builder has constructed and conveyed sixty six percent (66%) of the total numbr of residence units to be constructed within the entire project, including all phases, or within one (1) year from the date of incor poration, whichever is sooner. Thereafter, the annual meet ing of the members of the Association shall he the anniversary of the first annual meeting of the membership Boards Determination Binding. The Board of Directors of the Association shall be the management body of the project. DecisIons of the Board not othorwise requiring a vote of the owners and approval of the firit mortgagees shall be final and binding upon all memera of the Associ ation. If a decision cannot be reached by the Board upon any matter submitted to or considered by the 3nard, it shall be determined by the members of the Association at a duly authorized and noticed meeting of the Association VotIng Rights. The Associatton sh;tll have two f2) classes of voting membership, as follows: CLASS_A. Class A member(s) shall o all owners, with the exception of the Declarant, and shall be entitled to one CI) vote for each unit owned. When more than one (1) person hold3 an interest in any unit, all such persons shall be members. The vote for such unit shall he exercised as they among them selves determine, but in no event, shall more than one Cl) vote be cast wito respect to any unit. CLASS B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes fot each unti owned. The Class B membership shall cease and he converted to Class A membership on the happening 01 either of the followinq events, whichever occurs earlier: 17

23 C -I... (a) When the total votes out standing in the. Class A membership equals thu total votes outstanding in the Class B membership; or, (b) Nithin five (5) yeats from the date of this Declaration Control of Association by Homeowners. The Association shall be turned over to the homeowners within one hundred and twenty (120) days of the conversion of the Clasa B membership to the Class A membership, as provided for in Section Assessments. In accordance with and subject to the condominium constituent documents, the Association shall levy, make 4nd collect assessments against the owners so as to provfde for the payment of the common expenses. It will bc each owners. responsibility to pay for his own apart menc s utilitfes, which shall include, but not be limited to gas; water; sewer; electricity; and garbage collection charges. Assessments will commence as to all units in each phase when a unit is completed, ready for occupancy and the phase has been annexed Common F.xpenses. The total amount to be assessed shall be the total of the commor expenses which shall include: 14.1 (a) All expenses of administration of the condominium roject (including, but not limited to, legal, accounting and management fees); hot and cold water and sewer charges to the units, and all utility services for the common elements only; insurance required hereunder and otherwise as determined by the Board; costs of maintenance, operation, repair, replacement and betterment of the common elements (including, but not limited to painting, land scaping, repairs, replacements, alterations, additions, reconstruction, services, supplies, labor, materials, equipment and other related items); taxes levied on the Association, as a whole, if any; and any valid charge against the condominium project as a whole as determined by the Board of Directors (including, but not limited to all costs of enforcing compliance with this Declaration, defi ciencies due to non payment by owners, and surh costs as are deemed necessary to meet the purposes of the Association) 14.1 fb) Such amounts as determined by the Board for the establishment and maintenance of a reserve funci, which reserve fund shall be adequate to meet the costs and expenses of m&intenance, repair and replacement of those elements which must be maintained, repaired, and common -is-

24 replaced on a periodic basis. Such resl.tcve fund shall be funded and derived from tiw regular assessments payable in regular installments and not he moans of a special assessment or le.y Amount of Assesment. Each condominium and the owner thereof, subject to the terms hereof, shall be assessed an amount of the common expense equal to the condominiums percentage ownership interest in the common elements and in addition thereto, and by means of a special assessments 14.2 (a) If a condominium owner fails to perform maintenance, repairs, and replacements which are his obli ation, then, after written notice from the Board to perform such maintenance, repairs or replacements within a reason able time limit as my he set by the Board, the Board may perform such needed maintenance, repairs, and replaèemer.ts, and shall levy an assessment against such owner thereof equal to the amount so expended (b) All costs incurred fn the enfccement of the provisions of this tjeclaration against any owner, including, hut not limited to attorney s fees and court costs, shall be assessed to the condominium and the owner against whom enforcement is sought Cc) Writte.. notice of any meeting called for the purpose of taking any action authorized under Section 14.2 and Section 17 herein shall be sent to bll members not less than thirty (30) days nor more than sixty (60 days in advance of the meeting. At the first such meting alled, the presence of members or of proxies entitled to cast sixty percent (60%) of all of the vots of each class of member ship shall constitute a quorun. If the required quorum is not present, another meeting may he 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 iieeting. No such subsequent meeting shall be held more than sixty (60) days following the pre ceding meeting Cd) Special assessment must be approved by a two thirds (23) vote of the membership at a duly called meeting of the As5oclation Determination By Board. The total amount of the regular assessment and each owner s share thereof, as set forth herein, shall be determined and established by the Board at reasonable intervals, and in accordance with the terms of tho Articles and fly t.aws. Each owner s share of the total assessment shall be paid, as directed by the Board 19