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Covenants Conditions and Restrictions for Winfield

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Covenants Conditions and Restrictions for Winfield

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WHEN RECORDED, RETURN TO:

Steven L. Lisker, Esq.

BRYAN CAVE LLP 2800 North Central Avenue 21 st Floor

Phoenix, Arizona 850041098

OFFICIAL RECORDS OF

MARICOPA COUNTY RECORDER

HELEN PURCELL

97-0663353 09/24/97 03:53

MONICA    1 or 1

 

DECLARATION OF COVENANTS, CONDITIONS

AND RESTRICTIONS

FOR

WINFIELD

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WINFIELD

TABLE OF CONTENTS

ARTICLE 1  DEFINITIONS

1.1 “Additional Property”.…………………………………………………………………..1

1.2 “Annual Assessment”…………………………………………………………………..1

1.3 “Architectural Review Committee”…………………………………………………….1

1.4 “Areas of Association Responsibility”…………..……………………………………1

1.5 “Articles”…………………………………………………………………………………..1

1.6 “Assessable Property”………………………………………..………………………..1

1.7 “Assessment”…………………………………………………………………………….1

1.8 “Assessment Lien”………………………………………………………………………1

1.9 “Assessment Period”……………………………………………………………………1

1.10 “Association”……………………………………………………………………………1

1.11 “Association Rules”……………………………………………………………………1

1.12 “Board”…………………………………………………………………………………..1

1.13 “Builder”………………………………………………………………………………….1

1.14 “Bylaws”………………………………………………………………………………….1

1.15 “Common Area”………………………………………………………………………..1

1.16 “Common Expenses”………………………………………………………………….1

1.17 “Declarant”………………………………………………………………………………1

1.18 “Declaration”……………………………………………………………………………1

1.19 “Design Guidelines”……………………………………………………………………1

1.20 “Development Plan”…………………………………………………………………..1

1.21 “Exempt Property”……………………………………………………………………1

1.22 “First Mortgage”……………………………………………………………………….1

1.23 “First Mortgagee”……………………………………………………………………..1

1.24 “Improvement”…………………………………………………………………………1

1.25 “Lessee”…………………………………………………………………………………1

1.26 “Lot”……………………………………………………………………………………..1

1.27 “Maintenance Standard”……………………………………………………………..1

1.28 “Member”…………………………………………………………………………………1

1.29 “Natural Area Open Space” or “NAOS”……………………………………………..1

1.30 “Owner”…………………………………………………………………………………..1

1.31 “Person”………………………………………………………………………………….1

1.32 “Plat”……………………………………………………………………………………..1

1.33 “Property or Project”………………………………………………………………….1

1.34 “Project Documents”………………………………………………………………….1

1.35 “Purchaser”……………………………………………………………………………..1

1.36 “Recording”……………………………………………………………………………..1

1.37 “Resident”……………………………………………………………………………….1

1.38 “Residential Unit”……………………………………………………………………….1

1.39 “Restaurant”…………………………………………………………………………….1

1.40 “Special Assessment”………………………………………………………………….1

1.41 “Special Use Fee”……………………………………………………………………….1

1.42 “Subdivision Assessment”…………………………………………………………….1

1.43 “Subdivision Assessment Area”……………………………………………………..1

1.44 “Subdivision Expenses”……………………………………………………………….1

1.45 “Subdivision Services”…………………………………………………………………1

1.46 “Supplemental Declaration”…………………………………………………………..1

1.47 “Tennis Club”……………………………………………………………………………1

1.48 “Transition Date”……………………………………………………………………….1

1.49 “Visible From Neighboring Property”……………………………………………….1

1.50 “Winfield Resort”……………………………………………………………………….1

 

ARTICLE 2

PLAN OF DEVELOPMENT

2.1 Property Initially Subject to the Declaration…………………………………………2

2.2 Supplemental Declarations……………………………………………………………..2

2.3 Annexation of Additional Property…………………………………………………….2

2.4 Withdrawal of Property………………………………………………………………….2

2.5 Disclaimer of Implied Covenants……………………………….……………..………2

2.6 Development Plan………………………………………………………………………..2

2.7 Disclaimer of Representations…………………………………………………………2

2.8 Restriction on Liability of the Association and the Declarant…………………….2

 

ARTICLE 3

USE RESTRICTIONS

3.1 Architectural Control…………………………………………………………………….3

3.2 Temporary Occupancy and Temporary Buildings…………………………………3

3.3 Nuisances; Construction Activities…………………………………………………..3

3.4 Diseases and Insects…………………………………………………………………..3

3.5 Antennas…………………………………………………………………………………3

3.6 Mineral Exploration……………………………………………………………………..3

3.7 Trash Containers and Collection……………………………………………………..3

3.8 Clothes Drying Facilities……………………………………………………………….3

3.9 Utility Service……………………………………………………………………………3

3.10 Overhead Encroachments…………………………………………………………..3

3.11 Residential Use………………………………………………………………………..3

3.12 Animals………………………………………………………………………………….3

3.13 Machinery and Equipment…………………………………………………………..3

3.14 Signs……………………………………………………………………………………3

3.15 Restriction on Further Subdivision, Property Restrictions and

Rezoning………………………….………………………………………………………….3

3.16 Vehicles and Parking…………………………………………………………………3

3.17 Towing of Vehicles…………………………………………………………………..3

3.18 Drainage……………………………………………………………………………….3

3.19 Garages and Driveways…………………………………………………………….3

3.20 Rooftop Air Conditioners Prohibited……………………………………………..3

3.21 Basketball Goals and Backboards…………………………………………………3

3.22 Playground Equipment………………………………………………………………3

3.23 Natural Area Open Space…………………………………………………………..3

3.24 Boulder Outcrops…………………………………………………………………….3

3.25 Leasing of Residential Units………………………………………………………..3

3.26 Variances; Diminution……………………………………………………………….3

 

ARTICLE 4

EASEMENTS

4.1 Easement for Use of Common Area………………………………………………..4

4.2 Utility Easement………………………………………………………………………..4

4.3 Declarant’s and Builders’ Use for Sales and Leasing Purposes……………… 4

4.4 Declarant’s and Builders’ Easements………………………………………………4

4.5 Easement in Favor of Association………………………………………………….4

4.6 Easement for Access to Restaurant and Tennis Club………………………….4

4.7 Easement for Trail System………………………………………………………….4

 

ARTICLE 5

THE ASSOCIATION; ORGANIZATION; MEMBERSHIP AND VOTING RIGHTS

5.1 Formation of Association…………………………………………………………….5

5.2 Board of Directors and Officers…………………………………………………….5

5.3 The Association Rules………………………………………………………………..5

5.4 Special Use Fees for Additional Residents………………………………………..5

5.5 Personal Liability……………………………………………………………………….5

5.6 Implied Rights………………………………………………………………………….5

5.7 Identity of Members…………………………………………………………………..5

5.8 Allocation of Memberships……………………………………………………………5

5.9 Voting……………………………………………………………………………………5

5.10 Voting Procedures……………………………………………………………………5

5.11 Transfer of Membership…………………………………………………………….5

5.12 Architectural Review Committee…………………………………………………..5

5.13 Conveyance or Encumbrance of Common Area………………………………..5

5.14 Procedure for Change of Use of Common Area………………………………..5

5.15 Contracts with Others for Performance of Association’s Duties…………….5

5.16 Suspension of Voting Rights………………………………………………………5

5.17 Change of Restaurant from Public to Private Facility………………………….5

5.18 Change of Tennis Club to Private Facility………………………………………..5

 

ARTICLE 6

COVENANT FOR ASSESSMENTS AND CREATION OF LIEN

6.1 Creation of Lien and Personal Obligation Assessments…………………………6

6.2 Annual Assessments…………………………………………………………………..6

6.3 Determination of Annual Assessment………………………………………………6

6.4 Obligation of Declarant for Deficiencies…………………………………………….6

6.5 Special Assessments…………………………………………………………………..6

6.6 Subdivision Assessments…………………………………………………………….6

6.7 Assessment Period…………………………………………………………………….6

6.8 Commencement Date of Assessment Obligation………………………………..6

6.9 Rules Regarding Billing and Collection Procedures………………………………6

6.10 Effect of Nonpayment of Assessments; Remedies

of the Association………………………………………….…………………..…………..6

6.11 Evidence of Payment of Assessments……………………………………………6

6.12 Purposes for which Association’s Funds May Be Used………………………..6

6.13 Surplus Funds………………………………………………………………………..6

6.14 Reserve Fund…………………………………………………………………………6

6.15 Transfer Fee…………………………………………………………………………..6

 

ARTICLE 7

MAINTENANCE

7.1 Areas of Association Responsibility…………………………………………………7

7.2 Lots……………………………………………………………………………………….7

7.3 Assessment of Certain Costs of Maintenance and Repair……………………..7

7.4 Improper Maintenance and Use of Lots……………………………………………7

7.5 Boundary Walls…………………………………………………………………………7

7.6 Maintenance of Walls other than Boundary Walls……………………………….7

7.7 Installation of Landscaping…………………………………………………………..7

 

ARTICLE 8

INSURANCE

8.1 Scope of Coverage…………………………………………………………………….8

8.2 Certificates of Insurance……………………………………………………………..8

8.3 Payment of Premiums…………………………………………………………………8

8.4 Payment of Insurance Proceeds…………………………………………………….8

8.5 Repair and Replacement of Damaged or Destroyed Property…………………8

 

ARTICLE 9

GENERAL PROVISIONS

9.1 Enforcement…………………………………………………………………………….9

9.2 Method of Termination………………………………………………………………..9

9.3 Amendments……………………………………………………………………………9

9.4 Rights of First Mortgagees…………………………………………………………..9

9.5 Interpretation…………………………………………………………………………..9

9.6 Severability……………………………………………………………………………..9

9.7 Rule Against Perpetuities…………………………………………………………….9

9.8 Change of Circumstances……………………………………………………………9

9.9 Notice of Violation…………………………………………………………………….9

9.10 Laws, Ordinances and Regulations………………………………………………9

9.11 References to this Declaration in Deeds………………………………………..9

9.12 Gender and Number………………………………………………………………..9

9.13 Captions and Titles…………………………………………………………………9

9.14 No Absolute Liability………………………………………………………………..9

9.15 Limitation on Declarant’s Liability………………………………………………..9

9.16 Transfer of Title to Common Area……………………………………………….9

 

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WINFIELD

This Declaration of Covenants, Conditions, and Restrictions for WINFIELD (the “Declaration”) is made this 18th day of September, 1997, by Pulte Home Corporation, a Michigan corporation (the “Declarant”).

 

ARTICLE 1

DEFINITIONS

Unless otherwise defined, the following words and phrases when used in this Declaration shall have the meanings set forth in this Article.

1.1 “Additional Property” means any real property, together with all Improvements situated thereon, situated within the vicinity of the Project.

1.2 “Annual Assessment” means the assessments levied against each Lot pursuant to Section 6.2 of this Declaration.

1.3 “Architectural Review Committee” means the committee of the Association to be created pursuant to Section 5.12 of this Declaration.

1.4 “Areas of Association Responsibility” means (i) all Common Area; (ii) all real property, and the Improvements situated thereon, located within the boundaries of a Lot which the Association is obligated to maintain, repair and replace pursuant to the terms of this Declaration or the terms of another Recorded document executed by the Association; (iii) all real property, and the Improvements situated thereon, within the Project located within dedicated rights-of-way with respect to which the State of Arizona or any county or municipality has not accepted responsibility for the maintenance thereof, but only until such time as the State of Arizona or any county or municipality has accepted all responsibility for the maintenance, repair and replacement of such areas; (iv) all real property, and the Improvements situated thereon, designated on a Plat signed or ratified by the Association as an area to be maintained, repaired or replaced by the Association; and (v) all real property, and any Improvements situated thereon, within the Project which the Association has agreed in a Recorded document signed by the Association to maintain, repair or replace.

1.5 “Articles” means the Articles of Incorporation of the Association, as amended from time to time.

1.6 “Assessable Property” means any Lot, except such part or parts thereof as may from time to time be Exempt Property.

1.7 “Assessment” means an Annual Assessment, Special Assessment or Subdivision Assessment.

1.8 “Assessment Lien” means the lien created and imposed by Article 6 of this Declaration.

1.9 “Assessment Period” means the period set forth in Section 6.7 of this Declaration.

1.10 “Association” means Winfield Owners Community Association, an Arizona nonprofit corporation, or such other Arizona nonprofit corporation to be organized by Declarant to administer and enforce the Project Documents and to exercise the rights, powers and duties Set forth therein, and its successors and assigns.

1.11 “Association Rules” means the rules adopted by the Board pursuant to Section 5.3 of this Declaration, as amended from time to time.

1.12 “Board” means the Board of Directors of the Association.

1.13 “Builder” means any Person purchasing (i) one or more Lots to construct Residential Units thereon for later sale to Owners, or (ii) one or more parcels of land within the Project to subdivide, develop and/or resell in the ordinary course of such Person’s business.

1.14 “Bylaws” means the Bylaws of the Association, as amended from time to time.

1.15 “Common Area” means all real property, together with all Improvements situated thereon, which the Association at any time owns in fee or in which the Association has a leasehold interest for as long as the Association is the owner of the fee or leasehold interest including, without limitation, the Winfield Resort and all tracts shown on a Plat which are declared to be “Common Area”), except that Common Area shall not include any Lot which the Association may acquire through foreclosure of the Assessment Lien or any deed in lieu of foreclosure.

1.16 “Common Expenses” means the actual or estimated expenses incurred, or anticipated to be incurred, by the Association, together with any allocations to reserves.

1.17 “Declarant” means Pulte Home Corporation, a Michigan corporation, its successors and any Person to whom it may expressly assign any or all of its rights under this Declaration by a Recorded instrument.

1.18 “Declaration” means this Declaration of Covenants, Conditions, and Restrictions, as amended from time to time.

1.19 “Design Guidelines” means the rules and guidelines adopted by the Architectural Review Committee pursuant to Section 5.12 of this Declaration, as amended or supplemented from time to time.

1.20 “Development Plan” means the master plan for the Project attached hereto as Exhibit B which originally established the density for the Project, which density is subject to change pursuant to Section 2.6 herein.

1.21 “Exempt Property” means (i) all real property and improvements owned by, or dedicated to and accepted by the United States, State of Arizona, the County of Maricopa, City of Scottsdale, Arizona, or any political subdivision thereof, so long as such entity or political subdivision is the owner thereof or for so long as said dedication remains effective; (ii) all Common Area; and (iii) all Lots or other real property within the Project owned by Declarant, or any wholly ­owned subsidiary of Declarant, except for property owned by Declarant or such a subsidiary that is subject to a contract for the conveyance of real property subject to the provisions of A.R.S. §33-741 et. seg.

1.22 “First Mortgage” means any mortgage or deed of trust on a Lot which has priority over all other mortgages and deeds of trust on the same Lot.

1.23 “First Mortgagee” means the holder or beneficiary of any Fast Mortgage.

1.24 “Improvement” means any building, fence , wall or other structure or improvement above or below ground (including, without limitation, any sheds, basketball poles/hoops, patio covers and balconies) or any swimming pool, road, driveway, parking area (paved or unpaved) or any trees, plants, shrubs, grass or other landscaping improvements of every type and kind.

1.25 “Lessee” means the lessee or tenant under a written lease of any Lot, including an assignee of a lease.                                                           ‘

1.26 “Lot” means a portion of the Project intended for independent ownership and use and designated as a lot on a Plat and, where the context indicates or requires, shall include any building, structure or other Improvements situated on the Lot.

1.27  “Maintenance Standard” means the standard of maintenance of Improvements established from time to time by the Board or, in the absence of any standard established by the Board, the standard of maintenance of Improvements generally prevailing -`ht throughout the Project.

1.28 “Member”means any Person who is a member of the Association which holds a “Membership” created pursuant to Article 5.

1.29 “Natural Area Open Space” or “NAGS” means areas of undisturbed natural desert with no man-made improvements and approved re-vegetated areas, as designated on a Plat or by another Recorded instrument, pursuant to the requirements of the City of Scottsdale.

1.30 “Owner” means the record owner, whether one or more Persons, of beneficial or equitable title (and legal title if the same has merged with the beneficial or equitable title) to the fee simple interest of a Lot. Owner shall not include Persons having an interest in a Lot merely as security for the performance of an obligation or a Lessee. Owner shall include a purchaser under a contract for the conveyance of real property subject to the provisions of A.R.S. § 33-741 et. seq. Owner shall not include a purchaser under a purchase contract and receipt, escrow instructions or similar executor contracts which are intended to control the rights and obligations of the parties to the executor contracts pending the closing of a sale or purchase transaction. In the case of Lots subject to a deed of trust Recorded pursuant to A.R.S. § 33-801, et.sec[., the trustier shall be deemed to be the Owner. In the case of the Lots, the fee simple title to which is vested in a trustee pursuant to a subdivision trust agreement or similar agreement, the beneficiary of any such trust who is entitled to possession of the trust property shall be deemed to be the Owner.

1.31 “Person” means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, limited liability partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity.

1.32 “Plat” means any subdivision plat Recorded against all or any part of the Project, and all amendments, supplements and corrections thereto.

1.33 “Property” or “Project” means the real property described on Exhibit A attached to this Declaration together with all Improvements located thereon, and all real property and all Improvements situated thereon which is annexed and subjected to this Declaration pursuant to Section 2.3 of this Declaration.

1.34 “Project Documents” means this Declaration, the Articles, the Bylaws, the Association Rules and the Design Guidelines.

1.35 “Purchaser” means any Person, other than the Declarant or a Builder, who by means of a voluntary transfer becomes the Owner of a Lot, except for. (i) a Person who purchases a Lot and then leases it to the Declarant or a Builder for use as a model in connection with the sale or lease of other Lots; or (ii) a Person who, in addition to purchasing a Lot, is assigned any or all of the Declarant’s rights under this Declaration.

1.36 “Recording” means placing an instrument of public record in the office of the County Recorder of Maricopa County, Arizona, and “Recorded” or “Recordation” means having been so placed or the act of placing of public record.

1.37 “Resident” means each natural person occupying or residing in a Residential Unit.

1.38 “Residential Unit” means any building, or portion of a building, situated upon a Lot and designed and intended for independent ownership and for use and occupancy as a residence.

1.39 “Restaurant” means the food service facilities designated by the Declarant (or by the Association after the Transition Date) within the Winfield Resort.

1.40 “Special Assessment” means any assessment levied and assessed pursuant to Section 6.5 of this Declaration.

1.41 “Special Use Fee” means a special fee authorized by this Declaration which an Owner, Resident or any other Person, including, without limitation, the general public, is obligated to pay to the Association over, above and in addition to any Annual Assessment, Subdivision Assessment or Special Assessment imposed or payable hereunder. The amount of any Special Use Fee shall be determined in the Board’s sole discretion, provided all such fees shall be fair and reasonable.

1.42 “Subdivision Assessment” means an assessment levied against less than all of the Lots in the Project pursuant to Section 6.6 of this Declaration.

1.43 “Subdivision Assessment Area” means a portion of the Project designated in a Supplemental Declaration as an area in which the Association will provide Subdivision Services.

1.44 “Subdivision Expenses” means the actual or estimated expenses, including allocations to reserves, incurred or anticipated to be incurred by the Association to provide Subdivision Services to the Owners, Lessees and Residents in a Subdivision Assessment Area.

1.45 “Subdivision Services” means services designated in a Supplemental Declaration as being for the sole or primary benefit of the Owners, Lessees and Residents of a particular part of the Project. Subdivision Services may include, without limitation, landscape maintenance services for landscaping situated on Lots.

1.46 “Supplemental Declaration” means a Declaration recorded pursuant to Section 2.2 of this Declaration.

1.47 “Tennis Club” means the tennis courts, tennis pro shop and any other buildings or Improvements within the Winfield Resort used in connection with the game of tennis.

1.48 “Transition Date” means the first to occur of (i) the day on which title to the last Lot in the Project, including, without limitation, any Lot within any Additional Property, owned by Declarant is conveyed to a third party for value, other than as security for the performance of an obligation, or (ii) the expiration of any five (5) year period during which title to no Lot in the Project is conveyed by Declarant to a third party for value, other than as security for the performance of an obligation, or Recorded, or (iii) the date fifteen (15) years after the date this Declaration is (iv) such earlier date as Declarant declares to be the Transition Date in a Recorded instrument.

1.49 “Visible From Neighboring Property” means, with respect to any given object, that such object is or would be visible to a person six feet tall, standing at ground level on any part of an adjoining Lot or Common Area.

1.50 “Winfield Resort” means the means the real property described on Exhibit C attached to this Declaration together with all Improvements located thereon.

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