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Unit
#20 and HOA#1 Documents
     
SADDLEBROOKE VILLAS - UNIT NO. 20
RULES AND REGULATIONS
SADDLEBROOKE VILLAS
UNIT NO. 20
RULES AND REGULATONS
March 2007 Edition
Incorporating Prior Amendments
SaddleBrooke Villas Association No. 20, Inc.
SECTION 1.
1.1 PURPOSE: These Rules and Regulations
are adopted and published to aid in the governing of the Villas area. They are
to promote the health, safety, and welfare of the owners of, residents of, and
guests on property located in the Villas area, and to regulate use of Villas
areas. In addition, they establish a system of procedures for the assessment of
fines for violation of these Rules and Regulations and of the Villas governing
documents.
1.2 CAPTIONS AND TITLES: All captions,
headings, and titles of sections of these Rules and Regulations are for the
purpose of reference and convenience only and are not deemed to limit, modify,
or otherwise affect any of the provisions of, or to be used in determining the
intent or context of these Rules and Regulations.
1.3 EFFECTIVE DATE: These Rules and
Regulations and any subsequent amendment of them shall be effective on the date
adopted by the Board of Directors of the Villas Unit No. 20 unless a later date
is specified and approved by said Board. These Rules and Regulations may be
amended or repealed in part, or in their entirety, at any time by a vote of the
majority of the members of the Board of Directors to so do.
1.4 SCOPE: These Rules and Regulations
shall apply to all Villas areas owners, residents whether a renter or a
non-owner permanent resident, and guests using, in, or upon Villas areas, and
owners of property within said Villas No. 20 area are fully responsible for
actions of their guests and/or tenants.
1.5 OFFICIAL VERSION OF RULES AND
REGULATIONS: The Secretary of SaddleBrooke Villas Association No. 20, Inc. shall
maintain an accurate and current set of these Rules and Regulations which shall
be available for inspection and distribution to all owners and renters of Villas
area property.
SERVICE OF NOTICE: Whenever any notice is required by these Rules and
Regulations to be served upon any person or entity, the mailing of such notice
via U. S. Postal Service Certified mail, to his, her, or it’s last known address
as it appears upon the records of SaddleBrooke Homeowners Association # 1 Inc.
records which shall be deemed the official mailing address of such person or
entity, and which shall be deemed an official notice, and receipt of such notice
shall be conclusively presumed to be two days after mailing.
1.7 AUTHORITY: Any infraction or claimed
infraction of these Rules and Regulations may be initiated by any Villas area
owner through the Documents Review and ALC Committee of Villas Unit No. 20, or
by that Committee itself, and shall be considered and adjudicated by that said
Committee; provided that the Board of Directors of Villas Unit No. 20 reserves
the right to review, and to affirm, reverse, or modify any action taken by the
said committee.
SECTION 2.
DEFINITIONS:
2.1 "V illas area", shall mean all real
estate described in the Amended And Restated Declaration Of Covenants,
Conditions, and Restrictions for SaddleBrooke Unit Twenty recorded on November
13, 2001 as Document No. 2001-052015 in the Official Records Of Pinal County,
Arizona Recorder.
2.2 "VILLAS UNIT NO. 20" shall mean the
Arizona Not-For-Profit corporation named SaddleBrooke Villas Association No. 20,
Inc.
2.3 "Board of Directors" shall mean the
Board of Directors, Villas Unit No. 20.
2.4 "Owner" shall mean the person, or
persons, who is/are named as grantee on the deed to the Villas area lot.
"Permanent Resident" shall mean a person or persons who resides permanently
in the home located on the Villas area lot who neither rents nor owns the said
Lot.
"Renter" means a person or persons who rents or leases the home on the Villas
area lot.
"Guest" means a non-resident of Villas area who is visiting the Villas area
at the invitation of and with the specific knowledge of the Owner, Permanent
Resident or Renter.
2.8 "Governing
Documents" means the Amended and Restated Declaration
referred to in 2.1 above, the Amended and Restated Articles of Incorporation
and Restated By Laws of the corporation described in 2.2 above, the SaddleBrooke
Architectural and Landscaping Special Guidelines Unit 20, adopted in May, 2003,
Saddlebrooke Homeowners Association # 1, Inc. Amended and Restated Declaration
of Restrictions, and documents adopted by that corporation pursuant to authority
of that document, and any amendments or restatements of any of such documents.
SECTION 3
3.1
A. The Owners and all Permanent Residents, Renters, and Guests shall be
bound to comply with the governing documents of Villas Unit No. 20.
B. If a Villa Owner(s) rents or leases a Villa, individually or
through a Rental Agent, OR allows any non-Owner to occupy a Villa for
more than three days WITHOUT an Owner being present, the Owner(s) or
Rental Agent shall, PRIOR to the start of such rental/lease or occupancy
period, deliver a "Villa Rental/Occupancy Notice" to the Secretary of
the Villas Association. Such notice shall: (1) declare that the
Renter(s) or occupant(s) have been or will be provided a current copy of
the Rules and Regulations of SaddleBrooke Villas Unit No. 20, Inc. no
later than the start of the rental period and, (2) declare that at start
of the rental or occupancy period the Renter(s) or Occupant(s) have been
or will be informed of the obligation to abide by these Rules and
Regulations and, (3) provide contact information for the Owner(s), or
the Owners Alternate authorized to act for the Owner if Owner is not
accessible during the rental, lease or occupancy period, or Rental Agent
information, who is likewise authorized, in the event of an emergency or
other matters that may arise pertaining to the Villas Association.
3.2 Written notification of any
violation of the governing documents by an
Owner, Permanent Resident, Renter or Guest shall be provided to the Owner
which shall specify a day certain no less than 15 days after receipt of such
notice in which to correct or remove the violation except as provided hereafter
with respect parking lots (Rule 5.5 B (6).
3.3 In the
event an Owner fails to correct or remove a violation following notice to so do,
the Owner shall be given written notice of an opportunity to attend a hearing
with the Documents Review and ALC Committee of Villas Unit No. 20, such hearing
to be no less than 15 days after receipt of such notice, and also shall be given
notice of intent to impose a specific monetary assessment if a violation is
found to have occurred and remains uncorrected; and the Board of Directors
authority to impose a sanction as hereafter provided is hereby extended to such
Committee Except and provided that if the violation is of the rule 5.5 B (6)
hereafter with respect to parking lots, and there is no monetary penalty to be
imposed, then the notice and hearing provisions shall be as provided in such
parking lot rule.
3.4 At the hearing before the Documents
Review and ALC Committee the Owner
shall be given the opportunity to present his/her position to the Committee,
and
may present witnesses, documentation, or any other relevant
information which specifically addresses the violation in question.
3.5 Within 30 days of conclusion of the
hearing the Owner shall be given written notice of the decision of and any
sanctions imposed by the Committee, and if the decision is adverse to the Owner,
the notice shall include notice of the Owners right of appeal as provided
hereafter. Such decision is final unless appealed as hereafter provided.
In the event that the Owner wishes to appeal the decision of the Committee
the Owner shall have 10 days from receipt of the Committee’s decision to file a
written Notice of Appeal with the Secretary of the Board of Directors. Upon
receipt of a timely Notice of Appeal, the Board of Directors shall within
30 days hold a hearing on the appeal and shall give the Owner no less than 15
days written notice of the date, time, and place of the appeal hearing. At such
appeal hearing, the Owner may present witnesses, documents, or any other
relevant information which specifically addresses the violation. Following
the appeal hearing the Board of Directors shall notify the Owner of it’s
decision in writing within ten (10) days. The decision of the Board of
Directors shall be final.
In accordance with Section 33-1803 of the Arizona Revised Statutes, Villas
Unit No. 20 may, after written notice and opportunity for a hearing to the
Owner, impose monetary penalties for violation of the governing documents, which
may include restitution, restoration, and reimbursement for any costs incurred
by Villas Unit No. 20, and may impose a late charge of no more than the greater
of $15.00 or 10 percent of the amount of the unpaid penalty if payment is made
15 or more days after it is due.
SECTION 4.
Penalties and Assessments
In the event that a violation of the governing documents, or payment of
Villas Assessments, has been determined to have occurred and remains
uncorrected, Villas Unit No. 20, by and through it’s Documents Review and ALC
Committee and/or it’s Board of Directors, has the authority to impose sanctions
for violations which may include reasonable fines, assessments, as hereafter set
out, and for late charges, and for reimbursement for costs incurred by Villas
Unit No. 20 and any restitution and restoration costs, late charges, and if
imposed shall be a lien upon the Villas area lot of the offending Owner, and
suspension of the right to vote. And in the event that legal or arbitration
expenses are incurred by Villas Unit No. 20, to enforce the provisions of the
governing documents of Villas Unit No 20, such costs and expenses shall be the
personal responsibility of the breaching Owner and may be secured by a lien
against the Owners Villas area property.
The imposition of a sanction of monetary assessment(s) shall be reasonably
applied and may be combined with a voting sanction and shall range as follows:
Minimum monetary assessment: $10.00
and/or $10.00 for each day that the violation
exists or continues.
Maximum monetary assessment: $100.00
and/or $100.00 for each day that the violation
exists or continues.
Minimum suspension of voting sanction:
A period not to exceed 60 days.
Maximum suspension of voting sanction:
Additional 60 day periods if any violation
is not corrected during any preceding voting
sanction.
4.3 Following the hearing process if any
monetary sanction is imposed, the amount shall be due and payable immediately to
Villas Unit No.20 and may be enforced as provided in Section 5 of the Amended
and Restated Declaration of Covenants, Conditions, and Restrictions for
SaddleBrooke Unit Twenty, recorded as Document No. 2001-052015 in the Recorders
Office of Pinal County, Arizona or as provided in any amendment thereto or
restatement thereof, and as provided in Section 33-1807 of the Arizona Revised
Statutes.
4.4 The Amended and Restated Declaration
of Covenants, Conditions, and Restrictions for SaddleBrooke Villas Association
No. 20, Inc., provides for the enforcement of Villas Assessments. Effective
March 1, 2007, the following schedule of charges and fees shall apply:
Late Charge and Interest on Delinquent Balances – A late charge
of 10% (with a minimum $15.00) of the monthly assessment amount will be
charged for payments not received by the 25th day of the
month the assessment payment is due. In addition, an interest rate of
12% per annum will be charged for all delinquent amounts, including any
late charges, plus collection expenses incurred by the Association.
Filing of Notice and Claim of Lien – In the event of delinquency,
the Villas Association Board of Directors may cause a lien to be filed
with the County Recorder. In such event, the delinquent member shall be
responsible for legal expenses, collection costs, and other fees related
to the lien filing.
Bank Charges for Returned Checks – Villas Association Members
shall reimburse the Association for any bank charges resulting to the
Association from returned checks given in payment of Association
assessments, or other obligations.
SECTION 5.
Additional Rules and Regulations:
Pursuant to authority of the governing documents the following Additional
Rules and Regulations are in effect, and in the event of a conflict between
these Additional Rules and Regulations and the Architectural and Landscaping
Special Guidelines Unit 20, these Additional Rules and Regulations shall
prevail; provided that all improvements currently existing under an ALC
permit as of the effective date of these Rules and Regulations, but which would
otherwise be prohibited, may continue to exist and are not a violation of such
Rules and Regulations.
Definitions: "Footprint" of a Villas shall mean the area inside the
exterior perimeter of the foundation stem wall of the building and shall include
the rear patio and that portion of the front entry area under roof as
constructed by the developer of the Villas area.
Areas on the ground outside of the footprint: No Owner, or other
person at the Owners request, shall place, erect, or maintain, any structure, or
object on or in the ground outside of the footprint of the
building on the Villas area lot except as follows:
Lawn furniture, barbecues, telescopes, and similar items
may be placed temporarily, (for not more than 24 hours), to
the side or rear of the building; provided that such items
shall not be present on Wednesdays or such other days and
times that the Board of Directors may designate.
Garden hoses provided they are neatly coiled and out of
sight from the street.
Address numbers on the exterior wall shall be placed above the garage
door provided that the numbers do not exceed six (6) inches in height.
Bird feeders: Hummingbird feeders are allowed but must be placed inside
the rear patio. Seed feeders and other types of solid food feeders are
prohibited anywhere.
5.5
Parking: A. Street Parking: Pursuant to Fire Department Regulations
vehicles of Owners, Permanent Residents, Renters and Guests shall not be parked
on, or obstruct any part of, the streets in Unit 20 except while loading
or unloading, but not overnight, and then only when the
operator is readily available to move the vehicle in case an emergency or large
service vehicles (such as trash collectors) needs use of the street. Vehicles of
service, delivery, and repair people may be parked on the street so long as the
operator is readily available to move the vehicle in the event an emergency
vehicle needs access, but not overnight. Parking in driveways is prohibited
where short driveways cause the vehicle to extend past the gutter line into the
street.
B. Villas Parking Lots: Villa Owners, Permanent Residents, Renters,
and Guests are urged to park their vehicles inside their garages.
(1). Except as outlined in subsection (5) below for the parking spaces in the
easternmost lot, the three Villa parking lots are for the use of Villa Owners,
Permanent Villa Residents, Villa Renters, and their Guests but shall only be
used for the parking of operable vehicles in good condition and designed by the
manufacturer to carry passengers; provided that recreational vehicles
(RV’s) designed by their manufacturers to carry passengers are prohibited in all
Villa parking lots except as hereafter provided in subsection (4).
(2). Utility type trailers, not designed
by the maker thereof to carry passengers, are allowed for a maximum of
twenty-four (24) hours but are prohibited at all other times in Villa parking
lots.
(3). Posting of any sign, such as but not limited to, indicating that the
vehicle is for sale, lease, or rent in, on, under, over, or near a vehicle in
the Villa parking Lots is prohibited at all times.
(4.) Recreational vehicles, (RV’s), that are permitted in a Villa’s parking
lot, as above provided, shall be parked only in the Villa’s Southernmost or
Westernmost parking lot and then only for a maximum of three (3) consecutive
days and the two (2) nights between those days within any consecutive seven (7)
day period, and shall be parked in such a manner as uses the minimum amount of
parking spaces, and so as to allow others access to their vehicles in the lot,
and so as to allow others access to the parking lot, and to the lot entrance.
(5). The parking spaces located at the easternmost end of East Wind Ridge
Circle (the East Lot hereafter) are available for the convenience and safety of
service, emergency, and guest parking provided that only operable
vehicles of, (1) guests of Villa Owners, Permanent Residents, and Renters that
are in good condition and designed by the manufacturer to carry passengers and
which will not extend into the street, and (2) vehicles of service workers which
will not extend into the street, and (3) emergency vehicles, are permitted in
the East Lot. Vehicles of service workers are limited to 8 hours in any 24- hour
period. Guests are limited to a maximum of 24 hours during any 72-hour period.
(6). In the event that there is a
complaint that a vehicle parked in a Villa parking lot does not comply with the
requirements of this Rule the Chairperson, or a member of, the Villa Documents
and ALC Committee shall advise the person in charge of such vehicle, if that
person can reasonably be determined, that the Rule has not been complied
with and request appropriate corrective action within a specified period of
time, provided that if the non-compliance is an Urgent Matter which is defined
as blocking the entrance to a parking lot, blocking access to another vehicle in
the parking lot, or, other obviously dangerous situations such as but not
limited to, leaking fuel or other hazardous substance, request shall be made for
immediate corrective action.
(7). If the person in charge of the offending vehicle does not take
corrective action within the specified period of time the Chairperson or member
of said committee may notify SaddleBrooke HOA # 1 and request appropriate
action. A monetary penalty may be imposed also, but only after further notice
and further hearing in the manner provided in these Villa Rules, (Section 3
above).
(8). Any use of Villa parking lots,
other than specified herein, is prohibited unless specific permission for other
use is given by the Villa Board of Directors.
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