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BYLAWS
OF
STETSON HILLS COMMUNITY ASSOCIATION, INC.
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ARTICLE 1
DECLARATION. DEFINITIONS
The Association has been formed for the purposes set forth in the Association's Articles of
Incorporation and, in particular (but without limiting the generality of the foregoing), to act as the
"Association" under the Declaration of Covenants, Conditions and Restrictions for Stetson Hills
recorded on December 2, 1998, in Instrument No. 98-1092139 of the Official Records of the
Maricopa County Recorder, as the same may be amended from time to time (the "Declaration").
Capitalized words and terms used in these Bylaws but not defined herein shall have the meanings as
set forth in the Declaration.
.,?
,I
ARTICLE 2
OFFICES
2.1 Princioal Office. The Association shall maintain its principal office and kr.own place
of business at 6001 North 24th Street, Phoenix, Arizona 8501 6, or at such other address as may be
designated by the Board.
2.2 Other OflFrces. The Association may also maintain offices and places for conducting
business at such other place or places, both within and without the State of Arizona, as may be
designated fiomtime to time by the Board, and the business of the Association may be transacted at
such other offices with the same effect as that conducted at the principal office.
ARTICLE 3
MEMBERS
3.1 Membenhi~. The Members of the Association shall be determined in the manner set
forth in the Declaration.
3.2 Place ofMembers Meetings. The annual meetings of Members shall be held at such
place, convenient to the Property, as may be fixed fiom time to time by the Board, or in the absence
of direction by the Board, by the president or secretary of the Association, and shall be stated in the
notice of the meeting or in a duly executed waiver of notice thereof.
3.3 Annual Members Meetims. The first annual meeting of the Members shall be held
within one (1) year fiom the first close of escrow of a Lot within the Property at such hour and at
such place as may be specified in a written notice of such meeting, and each subsequent regular
annual meeting of the Members shall be held each year at such place as may be designated in the

written notice of such meeting. At each annual meeting the Members shall elect the Board and
transact such other business as may properly be brought before the meeting.
3.4 Special Meeting ofMembers. Unless otherwise prescribed by Arizona Statute or by
the Articles, special meetings of the Members, for any purpose or purposes, may be called by: (a) the
president; @) a majority of the directors; or (c) Members having at least ten percent (10%) of all
Class A votes (as determined in accordance with the Declaration).
3.5 Notice of Members Meetings. Not less than ten (10) nor more than fifty (50) days
before the date of any annual or special meeting of the Members, either the secretary or any other
officer of the Association shall cause written notice stating the place, date and time of the meeting
(and, in the case of a special meeticg, the items on the agenda, including, but not limited to, the
general nature of any proposed amendment to the Declaration, Articles or Bylaws, any budget
changes and any proposal to remove a director or officer) to be hand-delivered or sent prepaid by
United States mail to the last known mailing address of each Member, as shown in the Association
record4 or to the mailing address of such Member's Lot or Parcel. If mailed, such notice shall be
deemed to be delivered when mailed. Busimess transacted at any special meeting of Members shall
be limited to the items stated in the notice unless determined otherwise by a unanimous vote of the
Members present at such meeting.
3.6 Ouorum. Unless otherwise required by the Declaration, the Articles or applicable law,
a quorum shall be deemed present for all purposes throughout any meeting of Members if Members
entitled to cast at least ten percent (10%) of all outstanding votes are present in person or by valid
proxy at the beginning of the meeting. Further, except as otherwise provided in Section 13.1 of these
Bylaws and except as may otherwise be provided by the Declaration, the Articles or applicable law,
the action by Members holding a majority of votes represented at a meeting at which a quorum is
present shall constitute the act of the full membership of the Association. Whether or not a quorum
is present, a meeting may be adjourned 6om time to time by the vote of Members holding a majority
of the votes represented at such meeting, whether in person or by valid proxy, without notice other
than by announcement at the meeting of the time and place at which the adjourned meeting will be
reconvened and without further notice to any absent Members, provided, however, that if the
adjournment is for more than thirty (30) days, notice of the time and place at which the adjourned
meeting will be reconvened shall be given to each Member in the manner provided in Section 3.5
above. If a quorum is present at the time and place the adjourned meeting is reconvened, any
business may be transacted at the reconvened meeting which might have been transacted at the
meeting as originally noticed.
3.7 Vofina. The Members shall be entitled to the voting rights set forth in the Declaration.
At every meeting of Members each Member in good standing shall be entitled to vote either: (a) in
person; or @) by a proxy duly appointed by a written instrument signed by the Member, dated not
more than eleven (1 1) months prior to such meeting (unless such instrument provides for a longer
period not to exceed 25 months from the date of its execution and states that it is coupled with an
interest and is irrevocable). The vote for directors and upon any question before the meeting shall

e by voice vote, except that, upon demand of any ten (10) or more Members, a vote shall be taken
by ballot. Except as otherwise provided herein or by applicable Arizona law, the Declaration, or the
Articles, all elections and other matters to be determined by the Members shall be decided by
Members (whether present in person or by proxy) holding a majority of votes represented at a
meeting at which a quorum is present, =d cumulative voting shall not be permitted.
3.8 Freezing of List of Members or Fixing of Record Date. For the purpose of
determining Members entitled to notice of or to vote at a meeting of Members, or in order to make
a determination of Members for any other proper purpose, the Board may provide that the list of
Members shall be fiozen for a stated period not to exceed ten (10) days If the list of Members shall
be frozen for the purpose of determining Members entitled to notice of or to vote at a meeting of
Members, such list shall be frozen for not more than ten (10) days immediately preceding such
meeting. In lieu of keezing the list of Members, the Board may fix in advance a date as the record
date for any such determination of Members, such date in any case to be not more than ten (10) days
prior tg the date of the particular meeting of Members or the date on which the particular action
req-g such determination of Members is to be taken, as applicable. Ethe list of Members is not
fiozen and no record date is fixed for the determination of Members entitled to notice of or to vote
at a meeting of Members, the record date for such determination of Members shall be four o'clock
in the afternoon on the day before the day on which notice of the meeting is mailed. When a
determination of Members entitled to vote at any meeting of Members has been made as provided
in this Section, such determination shall apply to any continuation of such meeting followhg an
adjournment.
3.9 Action Without Meeting. Any action required or permitted to be taken at any annual
or special meeting of Members may be taken without a meeting, without prior notice, and without
a vote, if a consent in writing, setting forth the action so taken, shall be signed by all Members.
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3.10 Waiver of Notice. Whenever any notice is required to be given to any Member under
the provisions of the Articles, the Bylaws, the Declaration, applicable Arizona law, or otherwise, a
waiver thereof in writing signed by the person or persons entitled to such notice, whether before or
after the time stated therein. shall be eauivalent to the giving - - of such notice. Attendance of a person
at a meeting shall constitute a waiver of notice of such meeting, except when the person attends a
meeting for the express purpose of objecting to the transaction of any business because the meeting
is not properly called or convened
3.1 1 Assessments. As more particularly provided in the Declaration, the Association has
the right, - .- vower and authoritv to establish and levv Assessments against the Lots and Parcels and the
Owners thereof, and to enforce the payment ofsuch ~ssessments.
3.12 Suspension. As more particularly provided in the Declaration, the Board may impose
sanctions for violations of the Declaration and of the rules and regulations of the Association, which
sanctions may include suspension of the right to vote, suspension of the right to use recreational
facilities on or constituting part of the Common Area, if any, and, in certain instances, imposition of
3

easonable monetary fines. The duration of any suspension of a Member's right to vote or to use
recreational facilities shall be limited as provided in the Declaration.
- ARTICLE 4
DIRECTORS
4.1 Election. The business and affairs of the Association shall be managed, conducted and
controlled by the Board. The directors shall be appointed ..
or elected as provided in the Declaration,
and for the term(s) specified therein. Except as provided in the Declaration, each director shall be
elected at the annual meeting of Members concurrent with the expiration of the tern of the director
he or she is to succeed, and, except zs otherwise provided in these Bylaws or in the Articles or the
Declaration, shall hold office until his or her successor is elected and qualified. Nothing herein shall
be construed to prevent the appointment or election of any person or persons to two or more terns
as director, whether or not such terms shall be consecutive. No person shall be eligible for election
as a dii:&tor who is not at the time of election a Member of the Association, except such persons as
may be designated by Declarant or by a corporate, partnership or other non-individual Owner. If,
after election: (a) any director (except for a director designated by Declarant or by a corporate,
partnership or other non-individual Owner) ceases to be a Member, he or she shall thereupon no
longer be a director and his or her office shall become vacant; or (b) a corporate, partnership or other
non-individual Owner ceases to be a Member, any director sening by virtue of having been
designated by such corporate, partnership or other non-individual Owner shall thereupon no longer
be a director and his or her office shall become vacant.
4.2 Number. The number of directors which shall constitute the whole Board shall be
three (3), provided that, at any time after the Class B membership ceases to exist (as provided in the
Declaration), such number may be increased to a total not to exceed seven (7) directors upon the
afknative vote of Members holding a majority of all Class A votes represented in person or by proxy
at any annual meeting of Members or at a special meeting of Members called for such purpose.
4.3 Vacancies. Except as otherwise provided in the Declaration, vacancies and newly
created directorshios resulting - from anv increase in the authorized number of directors mav be fUed
< <
by the allinnative vote of a majority of the remaining directors then in oftice, or by a sole remaining
director. and the directors so chosen shall hold office. in the case of a vacancv. ., for the remaining - term
of their oredecessors. and. in the case of an increase in the authorized number of directors. until the
next annual meeting of Members. At any time after there is no longer a Class B member, if there are
no directors in office, any officer or Member may call a special meeting of Members for the purpose
of electing the Board.
4.4 Annual Board Meetinas. Within thirty (30) days after each annual meeting of
Members, the newly elected diiectors shall meet forthwith for the purpose of organization, the
election of officws, and the transaction of other business and, if a quorum of the diiectors is present,

no prior notice of such meeting shall be required to be given, provided that the place and time of such
first meeting of newly-elected directors may be changed by written consent of all of the directors.
4.5 Svecial Board Meetings. Special meetings of the Board may be called by the president
or secretary and must be called by either of them on the written request of any member of the Board.
4.6 Notice ofBoard Meeting. Regular meetings of the Board may be held without notice
at such time and place as may be determined by the Board. In case of special meetings of the Board,
notice shall be given to each ofthe directors in accordance with such reasonable policy as the Board
may determine. Any business may be transacted at any meeting of the Board. Attendance of a person
at a meeting shall constitute waiver of notice of such meeting, except when the person attends the
meeting for the express purpose of objecting to the transaction of any business because the meeting
is not properly called or convened.
4.7 Ouorum Onehalf(??) of the number of the directors then serving shall constitute a
rquon&at a meeting of the Board (except that ifthree (3) directors be then serving, a quorum shall
be two (2), and ifone (1) director be then serving a quorum shall be one (1)). If at any meeting there
is less than a quorum present, the directors present may adjourn the meeting from time to time
without further notice to any absent director.
4.8 ActionWithout
Unless otherwise restricted by the Declaration, the
Articles or these Bylaws, any action required or permitted to be taken at any meeting of the Board
or of any committee thereof may be taken without a meeting, if all members of the Board or
committee, as the case may be, consent to the action in writing, such written consents shall be fled
with the minutes of proceedings of the Board or committee.
4.9 m. Subject to the provisions of the Declaration, the Articles, these Bylaws and
applicable law, the Board shall have power:
4.9.1 To elect and remove the officers of the Association;
4.9.2 To administer the affairs of the Association and the Common Area;
4.9.3 To engage the services of a manager or managing agent who shall manage and
operate the Common Area for all of the Members upon such terms, for such compensation and with
such authority as the Board may approve;
4.9.4 To formulate policies for the administration, management and operation of the
Common Area;
4.9.5 To provide for the operation, maintenance, repair and replacement of the
Common & and payments therefor, and to approve payment vouchers or to delegate such approval
to the officers or the manager or managing agent;
5

4.9.6 To provide for the designation, hiring and removal of employees and other
personnel, including accountants and attorneys, and to engage or contract for the services of others,
and to make purchases for the maintenance, repair, replacement, administration, management and
operation of the Common Area, and to delegate any such powers to the manager or managing agent
(and any such employees or other persoqnel who may be the employees of a managing agent);
4.9.7 To appoint or dissolve committees of the Board, to remove any director fiom
a committee at any time, and to delegate to such committees the Board's authority to cany out certain
duties of the Board;
4.9.8 To estimate the amount of the annual budget, and to provide the manner of
assessing and collecting from the Owners their respective shares of such estimated expenses;
4.9.9 To exercise all ofthe rights, powers and duties granted to it by the Declaration;
,I$ 4.9.10 Unless otherwise provided herein or in the Declaration, the Articles or
applicable law, to comply with the instructions of a majority of the Members as expressed in
resolution duly adopted at any annual or special meeting of the Members; and
4.9.11 To exercise for the Association all other powers, duties and authority vested
in or delegated to the Association.
4.10 Removal and Resignation of Directors. Any director or the entire Board may be
removed, with or without cause, by Members holding a majority of all votes, except that any director
appointed to the Board by Declarant: (a) may be removed and replaced at any time by Declarant; and
(b) may not be removed, while the Class B membership exists, without the consent of Declarant. Any
director may resign upon written notice pursuant to Article 8 of these Bylaws.
4.11 Place of Board meet in^. The Board shall hold meetings, both regular and special, in
Maricopa County, Arizona, or at such other place or places, and such meetings may be held by means
of conference telephone or similar communications equipment by means of which all persons
participating in the meeting can hear each other, and participation in a meeting pursuant to this
Section 4.11 shall constitute presence in person at such meeting.
4.12 Waiver ofNotice. Whenever any notice is required to be given to any director of the
Association under the provisions of the Articles. these Bylaws, the Declaration. . ap~licable -- Arizona
law or otherwise, a waikr thereof in writing signed by the person or persons entitled to such notices,
whether before or after the time stated therein, shall be equivalent to the giving of such notice.
4.13 Committees of the Board. The Board, by resolution adopted by a majority of the full
Board, may designate ffom among its members an executive committee and one or more other
committees each ofwhich, to the extent provided in such resolution and permitted by law, shall have
and may exercise dl the authority of the Board. The Board, with or without cause, may dissolve any

such committee or remove any member thereof at any time. The designation of any such committee
and the delegation thereto of authority shall not operate to relieve the Board, or any member thereof,
of any responsibility imposed by law.
4.14 Compensation. Directors shall receive no compensation for their services unless
expressly provided for in a resolution duly adopted by Members holding personally or by valid proxy,
a majority of the votes then entitled to be cast at a meeting expressly called for that purpose.
ARTICLE 5
OFFICERS
,
5.1 Designation of Titles. The officers of the Association shall be a president, vice
president, secretary and a treasurer, and shall be chosen by the Board; the Board may also choose a
chainxy of the Board. No person may hold, at any time, more than one of such offices, except that
the o&es of secretary and treasurer may be held by the same person. The officers need not be
directors of the Association.
5.2 Election. Term of Office. Oualification. Except for the initial officers chosen by the
Board at its first meeting following the incorporation of the Association (who shall serve until their
successors shall have been duly chosen and shall qualify), each of the officers of the Association shall
be chosen annually by a majority of the Board, and shall hold office for one year or until his or her
successor shall have been duly chosen and shall qualify, or until his or her death or until he or she
shall resign or shall have been removed pursuant to these Bylaws or the Articles or the Declaration.
No person shall be eligible for election as an officer who is not at the time of election a Member of
the Association, except such persons as may be designated from time to time by Declarant or by a
corporate partnership or other non-individual Owner. If, after election: (a) any officer (except for
an officer designated by Declarant or by a corporate, partnership or other non-individual Owner)
ceases to be a Member, he or she shall thereupon no longer be an officer and his or her office shall
become vacant; or @) a corporate, partnership or other non-individual Owner ceases to be a Member,
any officer serving by virtue of having been designated by such corporate, partnership or other nonindividual
Owner shall thereupon no longer be an officer and his or her office shall become vacant.
5;3 Subordinate 05cers. Agents or Emolovees. The Board may appoint such subordinate
officers, agents or employees as the Board may deem necessary or advisable, including one or more
assistant vice presidents, one or more assistant treasurers and one or more assistant secretaries, each
of whom shall hold office for such period, have such authority and perform such duties as are
provided in these Bvlaws or as the Board mav . 60m time to time determine. The Board mav delegate -
to the president or to any committee of the Board the power to appoint any such additional officers,
agents or employees. Notwithstanding the foregoing, no assistant treasurer shall have power or
authority to collect, account for, or pay any tax imposed by any federal, state or city govenunent.

5.4 Removal. Any officer or agent may be removed by the Board whenever in its
judgment the best interests of the Association will be served thereby. Election or appointment of an
officer or agent shall not of itself create contract rights.
5.5 Vacancies. A vacancy in any office because of death, resignation, removal or any
other cause, shall be filled for the unexpired portion of the term in the manner prescribed in Sections
5.1. 5.2 and 5.3 for election or appointment to such office.
5.6 Chairman of the Board. The chairman of the Board, if one shall have been appointed
and be serving, shall preside at all meetings of the Board and shall perform such other duties as may
be assigned to him or her from time to time.
,-
5.7 President. The president shall preside at all meetings of Members, and if a chairman
of the Board shall not have been appointed or, having been appointed, shall not be serving or shall
be absent, the president shall preside at all meetings of the Board. The president shall be the principal
office?hf the Association and, subject to the control of the Board, shall in general supervise and
control all of the business and affairs of the Association. The president may - sign, -- with the secretary
or any other proper officer of the Association authorized by the Board, deeds, mortgages, bonds,
contracts or other instnunents which the Board has authorized to be executed, except in cases where
the signing and execution thereof shall be expressly delegated by the Board or by thd Declaration, the
Articles or these Byl~ws to some other officer or agent of the Association, or shall be required by law
to be otherwise signed or executed; and in general shall perform all duties incident to the office of
president and such other duties as may be prescribed by the Board from time to time.
5.8 Vice President. The vice president shall have such powers and perform such duties
as the Board or the president may kom time to time prescribe and shall perform such other duties as
may be prescribed by the ~eclaktion, the Articles o; these Bylaws. ~tthe request of the president,
or in case of the president's absence or inability to act, the vice president shall perform the duties of
the president, and when so acting shall have all powers of, and bd subject to all the restrictions upon,
the president.
5.9 Treasurer. The treasurer shall be responsible for the charge and custody of fhds and
securities of the Association, keeping fd and accurate accounts of receipts and disbursements in
books belonging to the Association and depositing all moneys and other valuable effects in the name
of and to the credit of the Association in such banks and other depositories as may be designated by
the Board. The treasurer shall be responsible for disbursiig the hnds of the Association as may be
ordered by the Board, taking proper vouchers for such disbursements, and rendering to the president
and to the directors at the regular meetings of the Board (or at such other times as they may require
it), a statement of all financial transactions and an account of the financial condition of the
Association; and, ,in general, the treasurer shall perform all the duties incident to the o5ce of
treasurer and such other duties as may &om time to time be assigned to the treasurer by the Board.

5.10 Secretam. The secretary shall: (a) act as secretary of, and keep the minutes of, all
meetings of the Board and of the Members; (b) cause to be given notice of all meetings of the
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m em be is and directors; (c) have charge of the books, records and papers of the Association relating
to its organization as a corporation; (d) see that all reports, statements and other documents relating
to the &.sociation and required by iak are properly'kept'or filed; and (e) in general perform all thi
duties incident to the office of secretary. The secretary shall also have such powers and perform such
duties as are assigned to the secretary by these Bylaws or applicable law, and shall have such other
powers and perform such other duties, not inconsistent with these Bylaws, as the Board shall from
time to time prescribe.
5.11 Com~ensation. The officers shall receive no compensation for their services, unless
expressly provided for in a resolution duly adopted by Members holding a majority of outstanding
votes at a meeting expressly called for that purpose.
ARTICLE 6
ASSESSMENTS
6.1 Assessments. Liens and Budgets. Each Member, as an Owner, and each Lot shall be
subject to the Assessments provided for in the Declaration. The Board shall have all rights, powers,
authorities and obligations as are conferred upon it by the Declaration and by applicable law in
connection with: (a) the preparation and adoption of budgets; @) computation, levying, collection
and enforcement of Assessments; and (c) adoption of reasonable charges for issuance of certificates
regarding Assessments.
6.2 Ca~ital Emenditures. Except as may be provided to the contrary in the Declaration,
the Board shall not approve any capital expenditure (as opposed to a maintenance expense) in excess
of $10,000.00 without the prior approval of Members holding two-thirds (U3) of the votes
represented, personally or by valid proxy, at a duly convened meeting of Members.
6.3 Records and Statement of Account. The Board shall cause to be kept detailed,
itemized and accurate records of all receipts and expenditures of the Association. Payment vouchers
may be approved in such manner as the Board may determine.
6.4 Discharge of Liens. The Board may cause the Association to discharge any mechanics'
lien or other encumbrance which in the opinion of the Board may constitute a lien against the
Common Area, rather than against a particular Lot only. When less than all of the Owners are
responsible for the existence of any such lien, the Owners responsible shall be jointly and severally
liable for the amount necessq to discharge the same and for all costs and expenses, including,
without litation, attorneys' fees incurred by reason of or in connection with such lien.

ARTICLE 7
PARLDWIENTARYRULES
The proceedings of all meetings of the Members, of the Board, and of any committees of the
Board shall be governed and conducted according to the latest edition of Robert's Manual of
Parliamentary Rules.
ARTICLE 8
RESIGNATIONS
Any director or officer may resign his or her office at any time by giving written notice of such
resignation to the president or the secretary of the Association. Such resignation shall take effect at
the time specified therein or, ifno time be specified therein, at the time of the receipt thereof, and the
thereof by the Board or the Association shall not be necessary to make it effective.
ARTICLE 9
FISCAL YEAR
The fiscal year of the Association shall he kom January 1 to December 3 1, unless changed
by the Board as permitted by the Declaration.
ARTICLE 10
CONTRACTS. LOANS. CHECKS AND DEPOSITS
10.1 Contracts. Except as limited or restricted by the Declaration, the Articles, these
Bylaws, or applicable law, the Board may authorize any officer or officers, agent or agents, to enter
into any contract or execute and deliver any instrument in the name of and on behalf of the
Association, and such authority may be general or confined to specific instances. No contract or
other transaction between the Association and one or more of its directors or between the Association
and any corporation, firm or association in which one or more of the directors of the Association are
directors, or are financially interested, is void or voidable because such director or directors are
present at the meeting of the Board or a committee thereof which authorizes or approves the contract
or transaction or because his, her or their votes are counted, if the contract or transaction is just and
reasonable as to the Association at the time it is authorized or approved. Common or interested
directors may be counted in determining the presence of a quorum at a meeting of the Board or a
committee thereof which authorizes, approves or ratifies a contract or transaction.
10.2 m. No loans shall be contracted on behalf of the Association and no evidences
of indebtedness shall be issued in its name unless authorized by a resolution of the Board. No loan
approved by the Board in an amount in excess of $10,000.00 shall be contracted until approved by

Members holding two-thirds (213) of the votes represented, personally or by valid proxy, at a duly
convened meeting of Members.
10.3 Checks and Drafts. AU checks, drafts or other orders for the payment of money, notes
or other evidences of indebtedness issuep in the name of the Association shall be signed by such
officer or officers, agent or agents of the Association and in such manner as shall from time to time
be determined by resolution of the Board.
10.4 Deposits. All funds of the Association not otherwise employed shall be deposited
from time to time to the credit of the Association in such banks, trust companies or other depositories
as the Board may elect.
ARTICLE 11
VOTING UPON SHARES OF OTHER CORPORATIONS
1 8
b
Unless otherwise ordered by the Board, the president shall have 111 power and authority on
behalf of the Association to vote either in person or by proxy at any meeting of shareholders of any
corporation in which the Association may hold shares or membership(s), and at any such meeting may
possess and exercise all of the rights and powers incident to the ownership of such shares or
membership(s) which, as the owner thereof, the Association might have possessed and exercised if
present. The Board may confer lke powers upon any other person and may revoke any such powers
as granted at its pleasure.
ARTICLE 12
PROHIBITION AGAINST SHARING
IN CORPORATE EARNINGS
None of the net earnings or pecuniary profit from the operations of the Association shall at
any time inure to any Member, director, officer or employee of, or member of a committee of or
person connected with, the Association, or any other private individual, provided that this shall not
prevent the payment to any such person of such reasonable compensation for services rendered to
or for the Association in effecting any of its purposes as shall be fixed by the Board and other
payments and disbursements which may be made in furtherance of one or more of its purposes. To
the extent that Members receive a benefit fiom the general maintenance, acquisition, construction,
management and care of the Common Area, this benefit shall not constitute an inurement; to the
extent a rebate of excess dues, fees or Assessments (and not net earnings) is paid to Members, such
payment shd not constitute an inurement.

ARTICLE 13
REPEAL. ALTERATION OR AMENDMENT
13.1 Amendment. Subject to the requirements of applicable law, these Bylaws may be
repealed, altered or amended, or substitute Bylaws may be adopted, by the affirmative vote of a
majority of the Board at a regular or special meeting of the Board of Directors called for that
purpose. These Bylaws may not be amended if such Amendment would be inconsistent with the
Declaration or the Articles.
13.2 FHAIVA. The Federal Housing Administration ("F.H.A.") and the Veterans
Administration ("V.A.") have the right to veto amendments to these Bylaws while there is a Class
B Membership. ,'
13.3 Conflicts. In the case of any conflict between the Articles and these Bylaws, the
Articles of Incorporation shall control, and in the case of any conflict between the Declaration and
these &laws, the Declaration shall control.
OF, the Board of Directors of Stetson W s Community Association,
on of these Bylaws as of this 29th day of
~ennisl~ ~aco~fifos, President
Linda Lockman, Vice President

WHEN RECORDED, RETURN TO:
Steven L. Lisker
Bgan Cave LLP
Two N. Central Ave., 22nd Floor
Phoenix, Aizona 85004-4406
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
99-1 153029 12/28/99 10:26
AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
STETSON HILLS
This Amendment to Declaration of Covenants, Conditions and Restrictions for Stetson
Hills (this "Amendment") is made as of the 15th day of December, 1999 by Pulte Home
Corporation, a Michigan corporation (the 'Weclarant").
A. A Declaration of Covenants. Conditions and Restrictions for Stctson Hills was
recorded on December 2, 1998, in Document No. 98-1092139, in the Official Records of
Maricopa County, Arizona, by Del Webb's Coventry Homes, Inc., an Arizona corporation
,. C'Coventry') to establish a general plan of development for the planned community known as
Stetson Hills (the "Original Declaration"). ' Coventry amcnded the Original Declaration by that
certain Declaration of Annexation to Declaration of Covenants, Conditions and Restrictions for
Stetson Hills and Tract Declaration recorded on May 20, 1999, in Document No. 99-0482703. in
the Oft'cial Records of Maricopa County, Arizona (the "First Amendment"), and then assigned
all of its rights as Declarant under the Original Declaration, as amended, to Declarant by that
certain Assignment of Declarants Rights recorded on November 8, 1999, in Document No.
99-1026274 in the Official Records of Maricopa County, Arizona (the "Assignment"). The
Original Declaration, as amended by the First Amendment and the Assignment, is hereinafter
referred to as the "Declaration."
B- Capitalized terms used in this Amendment without definition shall have the
meanings given to such terms in the Declaration.
C. Pursuant to Subsection 10.3.3 of the Declaration, the Declaration may be amended
at any time by the Declarant without the consent or approval of any other Owner or other Person
so long as the Declarant is entitled to cast at least sixty-seven perccnt (67%) of the votes in the
Association.
D. As of this date Declarant is entitled to cast more than sixty-seven percent (67%) of
the votes in the Association and desires to amend the Declaration.
NOW, THEREFORE, the Declaration is amended as follows:
235789 111115199 Il:CG AM]
112987

1.
therefor:
Subsection 3.2.3 is hereby deleted in its entirety and the followinn substituted .??
$$
"3.23 No Improvement which is Visible From Neighboring Property shall be
P;u
qrS
constructed or installed within the Project without the prior written approval of
the Architectural Committee."
2. Subsection 3.2.4 is hereby deleted in its entirety and the following substituted
therefor:
'. 3.2.4 No addition, alteration, repair. change or other work which in any way
alters the exterior appearance (including, but without limitation, the exterior color
scheme) of any property within the Project which is Visible From Neighboring
Property, or any Improvements located thereon which are Visible From
Neighboring Property, shall be made or done without the prior written approval of
the Architectural Committee, nor shall any Lot be split, divided or further
subdivided in any manner without the prior written approval of the Architectural
Committee."
3. The first sentence of Subsection 3.2.5 is hereby deleted in its entirety and the
following substituted therefor:
"Any Owner or other Person desiring approval of the Architectural Committee for
the construction, installation, addition, alteration, repair, change or replacement of
any Improvement which would alter the exlcrior appearance of his, her or its Lot.
Parcel or other portion of the Project which is Visible From Neighboring Property,
or any Improvements located thereon which are Visible From Neighboring
Properiy, shall submit to the Architectural Committee a written request for
approval specifying in detail the nature and extent of the construction, installation,
addition. alteration, repair, change, replacement or other work which such Owner
of other Person desires to perform."
4. The second sentence of Section 3.4 is hereby deleted in its entirety.
5. Subsection 3.24.3 is hereby deleted in its entirety and the following substituted
therefor.
"3.24.3Motor vehicles of Residents or guests of a Resident parked within the
Project shall be parked in the garage or on the concrete driveway of such
Resident's Lot at all times when sufficient parking area exists in such garage or on
such concrete driveway; street parking for Residents or guests of Residents shall
be limited to periods not exceeding 24 consecutive hours at one time."
6. The last sentence of Section 3.29 is hereby deleted in its entirety.
7. The last sentence of Section 3.32 is hereby deleted in its entirety and the following
substituted therefor:
"Notwithstanding the above. and notwithstanding the provisions of Section 3.2 of
-
.,w
-4

this Declaration, (i) swing sets without play platforms which do not exceed a height
of eight (8) feet from ground level and are placed a minimum of ten (10) feet from $;
all neighboring boundaries may be placed on a Lot without prior written approval of
!>;
the Architectural Comttee, and (ii) portable basketball goals may be placed on a
Lot without prior written approval of the Architectural Committee, provided.
however, that such portable goals are promptly stored so as not to be Visible From
Neighboring Property when not in use."
8. Subsection 6.8.1 is hereby deleted in its entirety and the following substituted
therefor:
"6.8.1 Any Assessment or any installment of an Assessment not paid within
fifteen (15) days after the Assessment or the installment of the Assessment first
became due (or such longer period of time as required by applicable law) shall be
deemed delinquent and shall bear interest from the date on which such
Assessment or installment of the Assessment became due at the rate of twelve
percent (12%) per annum or the prevailing FHANA interest rate for new home
loans, whichever is higher. In addition, the Board may establish a late fee, not to
exceed the greater of fifteen dollars ($15.00) or ten percent (10%) of the amount
of the unpaid Assessment or installment thereof (but in no event an amount
greater than permitted under applicable law). to be charged to any Owner who has
not paid any Assessment, or any installment of an Assessment. within fifteen (15)
days after such payment was due. Notwithstanding the foregoing, to the extent
applicable law from time to time provides for any shorter period of time after
which Assessments or any other amounts payable hereunder may or shall become
delinquent, such shorter period of time may be established by the Board to apply
in lieu of the time period set forth in this Section, and to the extent applicable law
from time to time provides for any greater amount of late fee or other amount to
be charged to any Owner deemed definquent in the payment of any Assessment, or
anv installment of an Assessment. such ereater amount mav be established bv the
~6ard to apply in lieu of the late fee set Grth in this section.
9. The following Section is hereby added to the Declaration:
"6.13 Workine Capital Fund. To ensure that the Association shall have
adequate funds to meet its expenses or to purchase necessary equipment or
services. each Purchaser who has executed a purchase agreement dated as of
January 1, 2000 and thereafter with the Declarant or a Developer shall pay to the
Association immediately upon becoming the Owner of the Lot a sum equal to
one-sixth (116th) of the then current Annual Assessment attributable to the Lot.
Funds paid to the Association pursuant to this Section may be used by the
Association for payment of operating expenses or any other purpose permitted
under the Project Documents. Payments made pursuant to this Section shall be
nonrefundable and shall not be-considered as an advance payment of any
Assessments levicd by the Association pursuant to this Declaration."
10. Except as expressly amended by this Amendment, the Declaration shall remain in
full force and effect.
.-.,
:P
,a$
3-4
.r* 8. I "
235789 IlUIS/W 1106 AM]
112987

DECLARANT:
PULTE u5 E:
corporation
By:
STATE OF ARIZONA )
) ss.
County of Maricopa 1
&foregoing instru- s&- d day of
, 1999, by , the
WhA.
corporation, on behalf of the corporation.
I
on, a Michigan
G'*-II\ISFIL
LINDA S. MOORE
Nolw Pubkc - State ul&&ma
MPRICOPA COUNTY
hvl r4Mn. ElpUeS&p( 14.2001
235789 IIM21W 249 PMJ
112987

RECORDED AT THE REQUEST OF:
When recorded, return to: -
Del Web d s Coventry Homes
6001 01th 24th Street
I'ho$'Arizona 85016
*t3 tiomQmm~
PICK-UP
m T WRICAN TITLE
BUILDER SERVICES
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
FOR
STETSON HlLLS

DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR
STETSON HILLS
-
This Declaration of Covenants, Conditions and Restrictions is made as of the day of
November, 1998, by DEL WEBB'S COVENTRY HOMES, INC., an Arizona corporation, as
"Declarant," with reference to the following:
A. As of the date hereof, Declarant is the owner of fee title to, and is the master
developer of, certain Property (as hereinafter defined).
B. Declarant intends by this Declaration (as hereinafter defined) to impose upon the
Property mutually beneficial restrictions under a general plan of improvement for the benefit of all
ownerkkf property within the Property. Declarant desires to provide a flexible (yet common) and
reasonable procedure for the overall development of the Property, and to establish a method for the
administration, maintenance, preservation, use and enjoyment of the Property.
C. As portions of the Property are developed, Declarant intends (but shall not be
obligated) to Record (as hereinafter defined) one or more Tract Declarations that may, among other
things, designate Common Areas andlor establish land use classiications and restrictions as may be
appropriate, in Declarant's judgment, for the respective portions of the Property covered thereby.
NOW, THEREFORE, Declarant hereby declares that the Property 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 desiibiity of and which shall run with the real property now
and hereafter subjected to this Declaration and which shall be binding on all parties having any right,
title or interest in said real property or any part thereof, and their heirs, personal representatives,
successors and assigns, and shall inure to the benefit of each Owner of all or any part thereof.
ARTICLE 1
DEFINlTIONS
Except as otherwise expressly provided in this Declaration, the following terms shall, for
purposes of this Declaration, have the meanings set forth below:
1.1 "Additional Proaerty" means: (a) the real property, together with all Improvements
located thereon, described on Exhibit B attached hereto; and (b) any other real property, together
with the Improvements located thereon, located not more than two miles fiom the property described
on Exhibit A or Exhibit B hereto.
1.2 "Annual Assessments" means the Assessments levied pursuant to Section .2.

- 5.11.
1.3 "Architectural Committee" means the committee established pursuant to Section
1.4 "Architectural Committee Rules" means the rules and guidelines adopted by the
Architectural Committee pursuant to Section 5.11, as amended or supplemented &om time to time.
-
1.5 "Articles" means the articles of incorporation of the Association, as amended from
time to time.
1.6 "Assessable Prooerty" means each Lot or Parcel, except for Exempt Property.
1.7 "Assessment" means an Annual Assessment, Parcel Assessment, Special Assessment,
or any other amounts declared by this Declaration to be a part of the Assessments or declared by this
Declaration to be secured by the Assessment Lien.
,, *
1.8 "Assessment Lien" means the lien created and imposed by Article 6.
'I
1.9 "Assessment Period" means the period set forth in Section 6.6.
1.10 "Association" means Stetson Hills Community Association, Inc., an Arizona
non-profit corporation, and its successors and assigns.
1.11 "Association Land" means all land, togethei with all Improvemmts situated thereon,
which the Association at any time owns in fee or in which the Association has a leasehold interest,
easement or license, for as long as the Association is the owner of the fee or holds such leasehold
interest, easement or license.
1.12 "Association Rules" means the rules and regulations adopted by the Association
pursuant to Section 5.3. as amended from time to time.
1.13 ''Board" means the board of directors of the Association.
1.14 "Bvlaws" means the bylaws of the Association, as amended fiom time to time.
1.15 "Common Area" means: (a) all Association Land; @) all land, and the
Improvements situated thereon, within the Project which Declarant indicates on a Recorded
subdivision oiat. . ,
Tract Declaration or other Recorded instrument is to be conveved to the Association
for the benefit and use of the Members; (c) all land, and the Improvements situated thereon, which
is situated within the boundaries of a Lot or Parcel and which is designated on a Recorded subdivision
plat Recorded by Declarant or approved by Declarant or the Association as land which is to be
improved, maintained, repaired and replaced by the Association; (d) all land, and the Improvements
situated thereon, within or adjacent to the Project which Declarant indicates on a Recorded
subdivision plat, Tract Declaration or other Recorded instrument is to be used for landscaping,
drainage or water retention or flood control for the benefit of the Project or the general public; (e)
all real property, and the Improvements situated thereon, within or adjacent to the Project located
within dedicated rights-of-way with respect to which the City of Phoenix has not accepted

esponsibility for the maintenance thereof but only until such time as the City of Phoenix has
accepted all responslxlity for the maintenance, repair and replacement of such areas, and only ifthe
specific areas to be maintained, repaired and replaced by the Association pursuant to this clause (e)
have been expressly approved by either Declarant or the ~oard; and (0 all land, and the
Improvements situated thereon, which is designated in a Tract Declaration or a Recorded amendment
to this Declaration as a Parcel Assessment Area.
1.16 "Common Exoenses" means expenditures made by or financial liabilities of the
Association, together with any allocations to reserves.
1.17 "Condominium Dwelooment" means a residential condominium established in
accordance with applicable Arizona law.
1.18 "Condominium Unit" means a "unit" (together with any appurtenant interest in all
"common elements") within a Condominium Development (as such quoted terms are defined in the
Arizoni condominium Act, Chapter 9 of Title 33 of the Arizona Revised Statutes, as amended, or
any successor statutes, as amended.)
1.19 "Declarant" means Del Webb's Coventry Homes, Inc., an Arizona corporation, its
successors and any Person to whom it may expressly assign by Recorded instrument any or all of its
rights under this Declaration.
1.20 "Declarant Affiliate" means any Person directly or indirectly controlling, controlled
by or under common control with Declarant, and shall include, without litation, any general or
limited partnership, limited liability company, limited liability partnership or corporation in which
Declarant (or another Declarant AflXate) is a general partner, managing member or controlling
shareholder.
1.21 "Declaration" means this Declaration of Covenants, Conditions and Restrictions, as
amended from time to time.
1.22 "Develooer" means any Person (other than Declarant) who (a) is in the business of
developing, selling or leasing real property and who acquires one or more Lots or Parcels in
connection with, and in the course of such business, for the purpose of developing, selling or leasing
such Lots or Parcels, and (b) is designated as a "Developer" hereunder in a Recorded instrument
signed by Declarant.
1.23 "Develooment &g" means the Development Plan for the Project and other property
adopted by Declarant, as amended by Declarant from time to time.
1.24 "Exem~t Prooerty" means: (a) all land and improvements owned by, or dedicated
to and accented bv. .,
the United States. the State of Arizona Maricona Countv or the Citv of Phoenix.
or any political subdivision of any of them, for as long as such entity or political subdivision is the
owner thereof or for as long as said dedication remains effective; @) all Association Land; (c) all
Neighborhood Common Area and all Wage Common Area; (d) all real property which is part of the

common elements of a Condominium Development; and (e) any portions of a Non-Residential Parcel
designated as Exempt Property in the Tract Declaration Recorded with respect to that Parcel
pursuant to Article 12.
1.25 "Dwelling Unit" means agy building or part thereof situated upon a Lot and intended
for use and occupancy as a residence by a Single Family.
1.26 "First Mortgage" means a Mortgage Recorded against a Lot or Parcel which has
priority over all other Mortgages Recorded against that Lot or Parcel.
1.27 "Im~rovement" means: (a) any Residential Unit, building, fence or wall, (b) any
swimming pool, tennis court, basketball court, road, driveway, parking area or satellite dish; (c) any
trees, plants, shrubs, grass, granite or other landscaping improvements of every type and kind; (d) any
statuary, fountain, artistic work, craft work, figurine, ornamentation or embellishment of any type or
kind (whether or not affixed to a structure or permanently attached to a Lot or Parcel); and (e) any
other &cture of any kind or nature.
1.28 "Land Use Classification" means the clasdkation established by a Tract Declaration
which designates the type of Improvements which may be constructed on a Lot or Parcel and the
purposes for which such Lot or Parcel, and the Improvements situated thereon, may be utilized.
1.29 "Lessee" means the lessee or tenant under a lease, oral or written, of any Lot or
Parcel (or part thereof), including an assignee of the lessee's or tenant's interest under a lease.
1.30 "w means: (a) a portion of the Project intended for independent ownership and
residential use and designated as a lot on any Neighborhood Plat and, where the context indicates or
requires, shall include any Residential Unit, building, structure or other Improvements situated on the
Lot; or @) a Condominium Unit.
1.31 "Member" means any Person entitled to membership in the Association, as provided
in this Declaration.
1.32 "Membership" means a membership in the Association.
1.33 "Membershiv Assessment" shall have the meaning given such term in Section
6.3.11a).
1.34 "Mort~a~e" means a deed of trust, as well as a mortgage, which, in either case, is
Recorded against a Lot or Parcel.
1.35 "Mortpaeee" means a beneficiary or mortgagee under a Mortgage.
1.36 "Neighborhood Association" means any homeowners association, condominium
association or similar association formed or organized pursuant to any Neighborhood Declaration.

1.53 "Residential m' means: (a) any building, or portion of a building, situated upon
a Lot or Parcel (other than a Condominium Unit) and designed and intended for separate,
independent use and occupancy as a residence; or (b) a Condominium Unit.
1.54 "Sinzle Famih" means-a group of persons each related to the other by blood,
maniage or legal adoption, or a group of not more than three persons not all so related, who maintain
a common household.
1.55 "Saecial Assessment" means any Assessment levied pursuant to Section 6.5.
1.56 "Saecial Use Fees" means any fees charged by the Association for use of Common
Area pursuant to Section 4.l.t(n. /
1.57 "m Declaration" means a declaration Recorded pursuant to Section 2.2.
"6.58 "Villape Association" means any homeowners association or similar association
formed or organized pursuant to a Viage Declaration.
I
1.59 "Villaee Common Area" means: (a) all land, together with all Improvements
situated thereon, which a Viage Association at any time owns in fee or in which a Village
Association has a leasehold interest, easement or license for so long as the Association is the owner
of the fee or holds such leasehold interest, easement or license; and (b) any and dl other property and
Improvements identified, designated or defined, by a Village Declaration, Tract Declaration,
Recorded subdivision plat or other Recorded instrument, as "common area" of a Viage Association.
1.60 "m Declaration" means any declaration of covenants, conditions and
restrictions or similar instrument (as amended from time to time), other than this Declaration, which:
(a) is Recorded by Declarant (or bears the written approval of Declarant thereon); (b) affects (or
indicates by its terms that it is intended ultimately to affect) two or more Parcels (or Lots established
by two or more Neighborhood Plats); and (c) contains a provision expressly identifjmg itself as a
"Viage Declaration" for purposes of this Declaration.
1.61 "Visible From Neighboring Proaerly" means, with respect to any given object, that
the object is or would be visible to a six-foot tall person standing at ground level on any part of
neighboring property at an elevation no greater than the elevation of the base of the object being
viewed, except where the object is visible solely through a wrought iron fence and would not be
visible if the wrought iron fence were a solid fence.
ARTICLE 2
PLAN OF DEVELOPMENT
2.1 Prooertv Initialhr Subiect to the Declaration. This Declaration is being Recorded
to establish a general plan for the development and use of the Project in order to protect and enhance

the value and d esiii of the Project. AU of the property within ;he Project shall be held, sold and
conveyed subject to this Declaration. By acceptance of a deed or by acquiring any interest in any of
the property subject to this Declaration, each Person, for himself, herself or itself, and his, her or its
heirs, personal representatives, successors, transferees and assigns, binds himself, herself or itself, and
his, her or its heirs, personal represent-atives, successors, transferees and assigns, to all of the
provisions, restrictions, covenants, conditions, rules and regulations now or hereafter imposed by this
Declaration In addition, each such Person by so doing acknowledges that this Declaration sets forth
a general scheme for the development and use of the Property and evidences his, her or its intent that
all the remictions, conditions, covenants, rules and regulations contained in this Declaration shall run
with the land and be biding on all subsequent and future Owners, grantees, Purchasers, assignees,
Lessees and transferees thereof. Furthermore, each such Person fully understands and acknowledges
that this Declaration shall be mutually.beneficial, prohibitive and enforceable by the Association and
all Owners.
2.2 Declarations. Declarant reserves the right, but not the obligation, to Record
one oi'hore Tract Declarations with respect to Lots and Parcels within the Project (and with respect
to portions of the Additional Property, in connection with, or subsequent to, the annexation and
subjection of such portions to this Declaration pursuant to Article 9). A Tract Declaration must be
executed by Declarant and by the Owner of the Parcel or Lots subject to such Tract Declaration, if
other than Declarant. A Tract Declaration may: (a) designate Common Area, Neighborhood
Common Area, Viage Common Area and Parcel Assessment Area; @) establish the Land Use
Classification for property subject thereto; (c) reserve or grant easements to such Persons and for
such purposes as Declarant may deem appropriate; (d) impose such additional covenants, conditions
and restrictions as Declarant may deem appropriate for the .. property . subject to the Tract Declaration;
(e) annex and subject the property covirkd thereby to this ~eclaration (subject to the provisions of
Article 9; and (0 designate a Parcel as a Non-Residential Parcel and, in such case, contain such
additional provisions as permitted or contemplated by Article 12. If a Tract Declaration designates
any Parcel Assessment Area, the Tract Declaration shall also designate the Lots and Parcels which
solely or primarily benefit from the Parcel Assessment Area and which shall be subject to Parcel
Assessment pursuant to Section 6.4. Except as otherwise expressly provided in the Tract Declaration
itself, a Tract Declaration may only be amended by a written instrument executed by all of the
following: (i) Owners holding at least sixty-seven percent (67%) of the votes in the Association held
by the Owners of all of the Lots and Parcels subject to that Tract Declaration (or in the case of a
Non-Residential Parcel, by Owners of at lest sixty-seven percent (67%) of the net square footage of
such Parcel); (u) the Association; and (i) Declarant, for so long as Declarant owns any Lot or Parcel
in the Project.
2.3 Disclaimer of Representations. Declarant makes no representations or warranties
whatsoever that: (a) the Project will be completed in accordance with the plans for the Project as
they exist on the date this Declaration is ~ecoided; @) any property subjectto this ~eclaratibn will
be committed to or developed for a particular use or for any use; (c) any property not now subject
to this Declaration will be subjected to the provisions hereot or (d) the use of any property subject
to this Declaration will not be changed in the Wre. In addition, if any guardhouses are constructed
within the Project, Declarant makes no representations or warranties that a guard service will be
provided or, if guard service is provided, that it will be provided during any particular hours or be

continued in the future. Nothing contained in this Declaration and nothing which may be represented
to a purchaser by real estate brokers or salesmen representing Declarant, any Developer, or any other
Person, shall be deemed to create any covenants or restrictions, implied or express, with respect to
the use of any property subject to this Declaration or of any part of the Additional Property.
2.4 Restriction on ~iabilitvk the Association and Declarant. Guardhouses may be
constructed within or adjacent to the Project in order to limit access and to provide more privacy for
the Owners and Occupants. Each Owner and Occupant, and their families, guests and invitees,
aclmowledge that any such guardhouse may restrict or delay entry into, or access within, the Project
by police, fire department, ambulances and other emergency vehicles or personnel. Each Owner and
Occupant and their families, guests and invitees agree to assume the risk that any such guardhouse
will restrict or delay entry into, or access within, the Project by police, fire department, ambulances
or other emergency vehicles or personnel. Neither Declarant, the Association nor any director,
officer, agent or employee of Declarant or the Association, shall be liable to any Owner or Occupant
or their families, guests or invitees for any claims or damages resulting, directly or indirectly, form
the co&tmction, existence or maintenance of any such guardhouse.
2.5 Develoament m. Notwithstanding any other provision of this Declaration to the
contrary, Declarant, without obtaining the consent of any other Owner or Person, shall have the right
to make changes or modiications to the Development Plan with respect to any property owned by
Declarant in any way which Declarant desires including, but not limited to, changing the extent of the
uses to which such property may be devoted.
ARTICLE 3
LAND USE CLASSIFICATIONS, PERMITTED USES
AND RESTRICTIONS
3.1 Land Use Classifications. The purposes for which property within the Project may
be used shall be determined by the Land Use Classification of the property - - - as established by a Tract
Declaration covering such piope*. The Land Use Classiications for property in the project shall
be: (a) Shgle Family Residential Use; (b) Residential Condominium Use; (c) Townhouse Residential
~se;.(d) ~ulti-~akl~ Residential US& (e) Recreational Use; (0 ~duc~tiokl or Religious Use; (g)
Common Area; (h) V i e Common Area; (i) Neighborhood Common Area; 0) such other residential
or related uses as may be set forth in any Tract Declaration; and (k) such non-residential uses as may
be set forth in a Tract Declaration Recorded by Declarant pursuant to Article 12. In the event of any
conflict or inconsistency between the Land Use Classification for a Lot or Parcel as established by
a Tract Declaration and statements or notations on any Neighborhood Plat or on the Development
Plan with respect to the uses which maybe made of property within the Project, the provision of the
Tract Declaration for the Lot or Parcel shall prevail. Each Tract Declaration shall be construed as
a supplement to this Declaration and shall be enforceable as if,d of the provisions of the Tract
Declaration were set forth in this Declaration. A Tract Declaration may define and specifl the
permitted and prohibited uses of, and may impose further covenants, conditions, restrictions and
easements on, the property subject to the Tract Declaration. Notwithstanding anything shown or
depicted on the Development Plan or any other plans, drawings or other documents, Declarant makes

no representation, warranty or commitment that any such other use will or will not be made of
property adjacent to or in the vicinity of the Project.
3.2 Architectural Control
3.2.1 All Improvements cokmcted within the Project shall be of new construction,
and no buildings or other structures shall be removed from other locations to the Project (except for
construction and sales trailers or similar facilities approved in advance by the Architectural
Committee).
3.2.2 No devegetation, excavation or grading work shall be performed within the
Project without the prior written approval of the Architectural Committee.
3.2.3No Improvement shall be constmcted or installed within the Project without the
prior written approval of the Architectural Committee.

or other Person who has requested such approval shall proceed to perform, construct or make the
installation, addition, alteralion, repair, change or other work approve by the Architectural Committee
as soon as practicable and shall diligently pursue such work so that it is completed as soon as
reasonably practicable and within such time as may be prescribed by the Architectural Committee.
-
3.2.8 Any change, deletion or addition to the plans and specifications approved by
the Architectural Committee must be approved in writing by the Architectural Committee.
3.2.9 The Architectural Committee shall have the right to charge a reasonable fee for
reviewing requests for approval of any construction, installation, alteration, addition, repair, change,
replacement or other work pursuant to this Section, which fee shall be payable at the time the
application for approval is submitted-to the Architectural Committee. Such fee, if established and
charged by the Architectural Committee, shall be set at such reasonable level as the Architectural
Committee may estimate will be necessary to defray the reasonable costs and expenses of the
Architectural Committee in reviewing and evaluating any such request or application, and may
includ&jifthe Architectural Committee deems it reasonably necessary under the circumstances, an
amount to cover the reasonable costs of professional consultation to the Architectural Committee by
an architect or engineer..
3.2.10 The provisions of this Section do not. apply to, and approval of the
Architectural Committee shall not be required for, any construction, installation, addition, alteration,
repair, change, replacement or other work by, or on behalf of, Declarant.
3.2.11 The approval required of the Architectural Committee pursuant to this Section
shall be in addition to, and not in lieu of, any approvals or permits which may be required under any
federal, state or local law, statute, ordinance, rule or regulation, or under any other Recorded
instrument. The Architectural Committee may condition its approval of any application, plans or
other items submitted to it on delivq to the Architectural Committee of evidence satisfactory to the
Architectural Committee that the Owner or other Person seeking its approval has also made
appropriate applications for (and prior to commencing work shall have obtained) any and all such
other approvals or permits. The Architectural Committee shall cooperate reasonably with any other
approving authorities or entities, provided, however, that the Architectural Committee shall not be
bound by any approvals, permits or other decisions of any other such approving authority or entity.
3.3 Temooraw Occuoancv and Temooraw Buildines. No trailer, basement of any
incomplete building, tent, shed, shack, garage or barn, and no temporary buildings or structures of
any kind, shall be used at any time for a residence, either temporary or permanent. Temporary
buildings, trailers or other structures may be used during the construction of Improvements by
Declarant and during the construction by a Developer of Improvements as approved by the
Architectural Committee; provided, however, that any such temporary buildings, trailers or other
structures shall be removed immediately after the completion of construction, and in no event shall
any such buildings, trailers or other structures be maintained or kept on any property for a period in
excess of twelve months without the prior written approval of the Architectural Committee.

3.4 Installation of Landsca~ing. W~thi ninety (90) days after the date on which title
to a Lot is first conveyed to a Purchaser, as evidenced by Recordation of a deed, shrubs, trees,
hedges, grass, granite, and plantings of every kind (collectively, "Landscaping") and other landscape
improvements (together with an irrigation system sufficient to adequately water the Landscaping)
shall be installed on that portion of the Lot which is between the street adjacent to the Lot and the
exterior wall of the Residential unit or any wall separating the side or back yard of the Lot fiom the
fiont yard of the Lot. Within 120 days after the date on which title to a Lot is first conveyed to a
Purchaser, as evidenced by Recordation of a deed,,the Owner of the Lot upon which the Residential
Unit is situated shall install Landscaping and other landscape improvements (together with an
irrigation system sufficient to adequately water the Landscaping) in the back yard of the Lot. All
Landscaping and other landscape improvements installed pursuant to this Section must be installed
in accordance with plans approved in writing by the Architectural Committee. If any Owner fails to
landscape his, her or its Lot in the manner and within the time provided for in this Section, the
Association shall have the right, but not the obligation, to enter upon such Owner's Lot to install such
landscaping improvements as the Association deems appropriate (together with an inigation system
suffici&t to adequately water the same), and the cost of any such installation shall be paid to the
Association by the Owner of the Lot, upon demand from the Association. Any amounts payable by
an Owner to the Association pursuant to this Section shall be secured by the Assessment Lien, and
the Associaiion may enforce collection of such amounts in the same manner and to the same extent
as provided elsewhere in this Declaration for the collection and enforcement of Assessments.
3.5 Maintenance of Landscaoing. Each Owner of a Lot or Parcel shall properly
maintain and keep neatly trimmed, properly cultivated and free of trash, weeds and other unsightly - -
material all ~ands~a~in~located 0;:- (a) hi;, her or its Lot or Parcel; @) any public right-of-way or
easement area which abuts or adjoins the Owner's Lot or Parcel and which is located between the
boundary line of his Lot or Parcel and the paved area of any street, sidewalk biie-path or siiar area
(unless otherwise directed by the Board); and (c) any non-street public right-of-way or easement area
adjacent to his Lot or Parcel (unless otherwise directed by the Board); provided, however, that such
Owner shall not be responsible for maintenance of any area over which: (i) the Association assumes
the responsibiity in writing; Association has been given such responsibiity by a Tract
Declaration; or (i) the City of Phoenix, Maricopa County or any other municipality or other
governmental agency or entity having jurisdiction over such property assumes responsibility, for so
long as the City of Phoenix, ~arico'~a County or such other municipality or other governmental
agency or entity assumes or has such responsibiity. For purposes of this Section 3.5. proper
maintenance of Landscaping shall include, without limitation, removal and replacement of dead
Landscaping, subject to the Architectural Committee Rules.
@)
3.6 Nuisances: Construction Activities. No rubbish or debris of any kind shall be placed
or pennined to accumulate upon or adjacent to any Lot, Parcel or other property, and no odors, loud
noises or loud music shall be permitted to arise or emit therefrom, so as to render any such Lot,
Parcel or other property or any potion thereof, or activity thereon, unsanitary, unsightly, offensive
or detrimental to any other property in the vicinity thereof or to its occupants. Normal construction
activities and parking in connection with the building of Improvements on a Lot, Parcel or other
property shall not be considered a nuisance or otherwise prohibited by this Declaration, but during
construction periods, Lots, Parcels and other property shall be kept in a neat and tidy condition, trash
the

and debris shall not be permitted to accumulate, supplies of brick, block, lumber and other building
materials shall be piled only in such areas as may be approved in writing by the Architectural
Committee, and no loud music shall be permitted. In addition, any construction equipment and
building materials stored or kept on any Lot, Parcel or other property during the construction of
Improvements may be kept only in areas approved in writing by the Architectural Committee, which
may also require screening of the storage areas. The Architectural Committee in its sole discretion
shall have the right to determine the existence of any such nuisance. The provisions of this Section
shall not apply to construction activities of Declarant.
3.7 Diseases and Insects. No Person shall permit any thing or condition to exist upon
any Lot, Parcel or other property which shall induce, breed or harbor infectious diseases or noxious
insects. ,
3.8 Revair of Buildinw. No Residential Unit, building, structure or other improvement
on any Lot, Parcel or other property shall be permitted to fall into disrepair and each such Residential
Unit, 6'iding structure and other Improvement shall at all times be kept in good condition and repair
and adequately painted or otherwise finished. In the event any Residential Unit, building, structure
or other Improvement is damaged or destroyed, then, subject to the approvals required by Section
such Residential Unit, building, structure or other Improvement shall be immediately repaired,
rebuilt or demolished. The Association shall have the righf after thirty (30) days notice to an Owner,
to repair, paint, or otherwise maintain the exterior of any Improvement (and without notice in the
event of an emergency which the Association, acting through its Board, determines in its discretion
is in violation of this Section u. All costs and expenses, including reasonable attorney's fees and
costs, incurred by the Association shall be borne by the Owner, and shall be paid to the Association
on demand, plus interest at the rate oftwelve percent (12%) per annum fiom ten (10) days after said
demand until paid in hll. Any sum not paid by an Owner may be treated as an assessment and
collected in a like manner as assessments levied pursuant to Article 6.
3.9 Antennas. Poles. Towen and Dishes. Standard TV antennas as well as other over- -FCC
the-air reception devices (including satellite dishes) of less than one meter in diameter shall be
permitted upon the Prowes. Installation of such over-the-air reception devices shall comply with
any and all Design Guidelines, or other applicable rules and guidelines adopted by Declarant,
Architectural Committee, or the Board to the maximum extent feasible under applicable federal
regulations. Nothing in this Section shall be deemed to prohibit Declarant or Developer from
installing and maintaining flagpoles on, at or adjacent to model homes within the Project. Poles to
which basketball backboards, goals and related equipment are atfixed shall be governed by Section
3.32. -
3.10 Mineral Emloration. No Lot, Parcel or other property shall be used in any manner
to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, gas,
earth or any earth substance of any kind, except for the drilling, operation and maintenance of any
testing, inspection or other water wells approved by Declarant.
3.11 Containers @ Collection. No garbage or trash shall be placed or kept on
any Lot, Parcel or other property except in sanitary, covered containers of a type, siie and style which

are approved by the Architectural Committee. In no event shall such containers be maintained or
stored so as to be Visible From Neighboring Property, except to make the same available for
collection and then only for the shortest time reasonably necessary to effect such collection. AU
rubbish, trash or garbage shall be removed fiom Lots, Parcels and other property and shall not be
allowed to accumulate thereon. No outdoor incinerators shall be maintained on any Lot, Parcel or
other property.
3.12 Clothes DNing Facilities. No outside clotheslines or other outside facilities for
drying or airing clothes shall be erected, placed or maintained on any Lot, Parcel or other property
so as to be Visible From Neighboring Property.
3.13 Services. No lines, wires or other devices for the communication or
trammission of electric current or power, including telephone, television and radio signals, shall be
erected, placed or maintained anywhere in or upon any Lot, Parcel or other property, unless the same
shall be contained in conduits or cables installed and maintained underground or concealed in, under
or on ti&dings or other structures approved by the Architectural Committee. No provision of this
Declaration shall be deemed to forbid the erection of temporary power or telephone structures for
emergency purposes or incident to the construction of buildings or structures approved by the
Architectural Committee. Notwithstanding the foregoing, utility meters and related panels and similar
equipment may be placed on outside building walls exposed to view fiom a street in order to comply
with any requirements, regulations, orders, conditions or specitications of any public quasi-public or
private utility or any governmental agency or body.
3.14 Overhead Encroachments. No tree, shrub or planting of any ldnd on any Lot, Parcel
or other property shall allowed to overhang or otherwise to encroach upon any sidewalk, street,
bicycle path or pedestrian way fiom ground level to a height of eight (8) feet without the prior
approval of the Architectural Committee.
3.15 Health, SafeW and Welfare. In the event additional uses, activities or facilities are
deemed by the Board to be a nuisance or to adversely affect the health, safety or welfare of Owners,
Lessees and Occupants, the Board may make rules restricting or regulating their presence in the
Project as part of the Association Rules or may direct the Architectural Committee to make rules
governing their presence on Lots, Parcels or other property as part of the Architectural Committee
Rules.
3.16 Model Homes. Any provisions of this Declaration, Tract Declarations, Village
Declarations or Neighborhood Declarations which prohibit non-residential use of Lots and certain
Parcels and regulate parking of vehicles shall not prohibit the construction and maintenance of model
homes or other model Residential Units of any kind (including, without limitation, any used in whole
or in part as sales offices) (collectively, "Models") by Persons engaged in the construction of
Residential Units in the Project, or parking incidental to the visiting of such Models, so long as the
construction, operation and maintenance of such Models and parking otherwise comply with all of
the provisions of this Declaration The Architectural Committee may also permit Lots and other areas
to be used for parking in connection with the showing of Models. Any homes or other structures
constructed as Models shall cease to be used as Models at any time the Owner thereof is not actively

engaged in the construction and sale of Residential Units in the Project, and no home or other
structure shall be used as a Model for the sale of homes or other structures not located in the Project.
This Section shall not apply to model apartment units in an apartment building or apartment complex
on a Parcel for which such use is permitted by the Tract Declaration Recorded with respect to that
Parcel. Neither the provisions of this-Section nor the provisions of any other Section of this
Declaration or of any Tract Declaration, Village Declaration or Neighborhood Declaration shall
restrict or prohibit the right of Declarant or a Declarant Affiliate to construct, operate and maintain
Models in the Project.
3.17 Incidental m. The Architectural Committee may approve uses of property within
a Land Use Classification which are incidental to the 111 enjoyment of the Owners and Occupants of
the property within the Land Use Classification. Such approval may be subject to such regulations,
limitations and restrictions, including termination of the use, as the Architectural Committee may wish
to impose, in its sole discretion, for the benefit of the Project as a whole.
"3.18 Residential Use and Trades or Businesses. All Lots and Residential Units shall be
used, improved and devoted exclusively to residential use by a S i e Family. No trade or business
may be conducted on any Lot or Parcel (subject to Article 12) or in or from any Residential Unit,
except that an Owner or other Resident may conduct a business activity in a Residential Unit so long
as: (a) the existence or operation of the business activity is not apparent or detectable by sight
(including signage), sound or smell from outside the Residential Unit; @) the business activity
conforms to all applicable zoning ordinances or requirements for the Project; (c) the business activity
does not cause parking or other traflic problems within the Project, as determined in the Board's
discretion or involve door-to-door solicitation of Owners or other Residents in the Project; (d) the
use of the Residential Unit for trade or business shall in no way destroy or be incompatible with the
residential character of the Residential Unit or the surrounding neighborhood; (e) the trade or
business shall be conducted only inside the Residential Unit or inside an accessory building or garage,
and shall not involve the viewing, purchase or taking delivery of goods or merchandise at, to, from
or in any Residential Unit; (0 the trade or busiiess shall be conducted by a Resident or Residents of
the Residential Unit with no more than one (1) employee working in or from such Residential Unit
who is not a Resident thereof, (g) no more than twenty percent (20%) of the total floor area of the
Residential Unit shall be used for trade or busiiess; Q the Residential Unit used for trade or busiiness
shall not be used as a storage facility for a busiiness conducted elsewhere; (i) the volume of vehicular
or pedestrian traftic or parking generated by such trade or business shall not result in congestion or
be in excess of what is customary in a residential neighborhood; (j) a trade or business shall not utilize
flammable liquids or hazardous materials in quantities not customary to a residential use; and (k) a
trade or busiiness shall not utilize large vehicles not customary to a residential use.
The terms "business" and "trade" as used in this Section shall be construed to have ordinary, generally
accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken
on an ongoing basis which involves the provision of goods or services to persons other than the
provider's family and for which the provider receives a fee, compensation or other form of
consideration, regardless of whether: (i) such activity is engaged in full or part time; (u) such activity
is intended to or does generate a profit; or (i) a license is required for such activity. The leasing of
a Residential Unit by the Owner thereof shall not be considered a trade or busiiess within the meaning

of this Section Further, nothing in this Section shall be deemed to prevent or limit the construction,
operation and maintenance of an apartment building or apartment complex on a Parcel for which such
use is permitted by the Tract Declaration Recorded with respect to that Parcel, or the use and
operation of apartment units therein as model units in connection with rental or leasing operations
for such building or complex, or the operation on that Parcel of Rental, leasing, marketing or
management offices of such building or complex.
3.19 Animals. No animal, livestock, poultry or fowl of any kind, other than a reasonable
number of house pets, shall be maintained on or in any Lot or Parcel, and then only if they are kept
or raised thereon solely as domestic pets and not for commercial purposes. No house pets shall be
permitted to make an unreasonable amount of noise or create a nuisance. No structure for the care,
housing or confinement of any pet shall-be Msible From Neighboring Property. Notwithstanding the
foregoing no pets may be kept on or in any Lot or Parcel which, in the opinion of the Board, result
in an annoyance to other Owners or Occupants in the vicinity. AU pets shall be leashed when not on
proper9 owned by the pet's owner or on which the pet's owner is a Resident or guest, and persons
waU&&any pet shall promptly and properly remove and dispose of the pet's waste.
3.20 Machinery @ Eauiament No machinery or equipment of any kind shall be placed,
operated or maintained upon or adjacent to any Lot or Parcel, except: (a) such machinery or
eauiument as is usual and customarv in connection with the use, maintenance or construction (during
thk ieriod of construction) of a builbuilding, appurtenant structures or other Improvements; and 6) thai
which Declarant or the Association may - - permit or require for the development, . operation - and
mai tenance of the Project.
;i
3.21 m. No sign shall be erected within the Project, except those required by law,
including posters, circulars, and biiboards; provided, the following types of signs may be erected on
a Lot or Parcel without the Board's written consent so long as the permitted signs are professionally
painted, lettered and constructed:
3.21.1 Signs required by legal proceedings,
3.21.2 Residence identification signs, provided the size, color, content and location
of such signs have been approved in writing by the Architectural Committee.
3.21.3 Security system signs, provided the size, color, content and location of such
signs have been approved in writing by the Architectural Committee.
3.21.4 Signs of Developers approved ffom time to time by the Architectural
Committee as to number, size, color design, message content, location and type.
3.21.5 Such construction job identification signs, business identification signs and
subdivision identification signs which are in conformance with the requirements of Maricopa County
or any municipality having jurisdiction over the property and which have been approved in writing
by the Architectural Committee as to number, size, color, design, message content and location.

3.21.6 Temporary "Open House" signs indicating that a Residential Unit is available
for inspection by interested parties, but such signs may only be erected or maintained during the hours
of 10:OO AM through 6:00 P.M. on Saturdays, Sundays, legal holidays or other days designated by
the Architectural Committee.
-
3.21.7 Temporary "for sale" signs, which shall be subject to any limitations as to such
signs adopted by the Architectural Committee, and which shall not be allowed to remain on a Lot or
Parcel for more than a total of 120 days during any 365-day period.
3.21.8 One temporary sign identifying the Person installing landscaping or a pool on
the Lot, but only during the period that such installation is in progress.
I
3.22 Reauired A~provals for Further Propertv Restrictions.
3.22.1 All proposed site plans and subdivision plats for any Lot or Parcel, or any
portid& thereof, must be approved in writing by the Board prior to Recordation thereof or
commencement of construction on the applicable Lot or Parcel. No Lot, or portion thereof, shall be
fiuther subdivided or subjected to a condominium declaration, and no portion less than all of any such
Lot, or any easement or other interest therein, shall be conveyed or transferred by any Owner without
the prior written approval of the Board, provided that nothing in this Subsection 3.22.1 shall be
deemed to prohibit sales by Declarant or a Developer of Lots into which a Parcel is divided, so long
as the plat($ and other items required to be approved pursuant to this Section 3.22 have been so
approved.
3.22.2No Neighborhood Declaration or firther covenants, conditions, restrictions,
condominium declarations or easements shall be Recorded against any Lot or Parcel, or portion
thereof, without the prior written approval of the Board.
3.22.3 No applications for rezoning, variances or use permits, or for waivers of or
modifications to existing variances, use permits, zoning stipulations or similar restrictions, shall be
fled with any governmental authority or agency without the prior written approval of the Board, and
then only if such proposed zoning, variance or use, or waiver or modification, is in compliance with
this Declaration, any applicable Tract Declaration, any applicable Neighborhood Declaration or
Village Declaration, and the Development Plan.
3.22.4 No subdivision plat, condominium declaration, Neighborhood Declaration,
Viage Declaration, easement, declaration of further covenants, conditions, restrictions or easements
or other instnunent which is to be Recorded and which is required by this Section 3.22 to be
approved by the Board shall be effective unless the required approval is evidenced on such instrument
by the signature of an authorized representative of the Board.
3.22.5 No site plan, subdivision plat, condominium declaration, Neighborhood
Declaration or further covenants, conditions, restrictions or easements, and no application for
rezoning, variances or use permits shall be submitted to the City of Phoenix or any other
governmental authority or agency unless the same has first been approved in writing by the Board as

provided in this Section 3.22; further, no changes or modScations shall be made in any such
documents, instruments or applications once the same have been approved by the Board hereunder
(whether requested by the City of Phoenix or otherwise) unless such changes or modifications have
first been approved by the Board in writing.
3.22.6 Notwithstanding ;he foregoing, Declarant shall not be required to seek or
obtain any of the approvals or consents otherwise required under this Section 3.t2 as to any Lot or
Parcel, or any portion of either, of which Declarant is the Owner.
3.23 Trucks. Trailers, Cam~ers and Boats. No truck, mobile home, travel trailer, tent
trailer, trailer, camper shell, detached camper, recreational vehicle, boat, boat trailer, or other similar
equipment or vehicle may be parked, maintained, constructed, reconstructed or repaired on any Lot,
Common Area or other portion of the Property, or on any street, so as to be Visible From
Neighbohg Property without the prior written approval of the Architectural Committee, except for:
(a) temporary consttuction trailers or ficilities maintained during, and used exclusively in connection
with, gnstruction of any Improvement approved by the Architectural Committee; (b) boats and
vehicles parked in garages on Lots so long as such vehicles are in good operating condition and
appearance and are not under repair; (c) the storage of vehicles in any area designated or approved
for such purposes by Declarant or by the Board (including, but not limited to, one or more
lrecreational vehicle storage facilities, whether operated on a for-profit or not-for-profit basis); or (d)
motor vehicles not exceeding seven (7) feet in height and eighteen (18) feet in length which are not
used for commercial purposes and which do not display any commercial name, phone number or
message of any kind.
3.24 Motor Vehicles.
3.24.1 Except for emergency vehicle repair, no automobile or other motor vehicle
shall be constructed, reconstructed or repaired upon aLot or other property in the Project, and no
inoperable vehicle may be stored or parked on such Lot or other property in the Project so as to be
Visible From Neighboring Property or be visible tiom any Common Area or any street.
3.24.2No motorcycle, motorbike, all-terrain vehicle, off-road vehicle or any similar
vehicle shall be parked or maintained on any portion of the Project except in garages or in the back
yard of a Lot so as not to be Msible From Neighboring Property or be visible tiom any Common
Area or any street.
3.24.3 No automobile or other motor vehicle shall be parked on any road or street
in the Project, except automobiles or motor vehicles of guests of Owners which may be parked on
a road or street in the Project for a period of not more than twenty-four (24) hours.
3.25 Towing of Vehicles. The Board shall have the right to have any truck, mobile home,
travel trailer, tent trailer, trailer, camper shell, detached camper, recreational vehicle, boat, boat trailer
or similar equipment or vehicle or any automobile, motorcycle, motorbike, or other motor vehicle
which is parked, kept, maintained, constructed, reconstructed or repaired in violation of the Project
Documents towed away at the sole cost and expense of the owner of the vehicle or equipment. Any
stekmhka
18

expense incurred by the Association in connection with the towing of any vehicle or equipment shall
be paid to the Association upon demand by the owner of the vehicle or equipment. If the vehicle or
equipment is owned by an Owner, any amounts payable to the Association shall be secured by the
Assessment Lien, and the Association may enforce collection of such amounts in the same manner
provided for in this Declaration for the c_ollection of Assessments.
--
3.26 Variances. The Architectural Committee may, at its option and in extenuating
circumstances, grant variances from the restrictions set forth in this kticle 3 or in any ~raci
Declaration if the Architectural Committee determines in its discretion that: (a) a restriction would
create an unreasonable hardship or burden on an Owner or Occupant or a change of circumstances
since the recordation of this Declaration had rendered such restriction obsolete; and (b) the activity
permitted under the variance will not have any substantial adverse effect on Owners and Occupants
and is consistent with the high quality of life intended for residents of the Project.
3.27 Change of Use of Common Upon: (a) adoption of a resolution by the Board
stating'"that in the Board's opinion the then present use of a designated part of the Common Area is
no longer in the best interest of the Owners; and (b) the approval of such resolution by Members
casting more than fifty percent (50%) of the votes entitled to be cast by Members who are present
in person or by proxy at a meeting duly called for such purpose and who are entitled to use such
Common Area under the terms of this Declaration or any Tract Declaration, the Board shall have the
power and right to change the use thereof (and in connection therewith, construct reconstruct, alter
or change the buildings, structures and improvements thereon in any manner deemed necessary by
the Board to accommodate the new use), provided such new use shall be consistent with any zoning
regulations restricting or limiting the use of the Common Area. This Section 3.27 shall not apply to,
or be deemed to limit in any way, the right and power of the Association pursuant to Section 4.1.1(a)
to grant easements over, under or through portions of the Common Area, or to dedicate portions of
the Common Area, to public, quasi-public or private utility companies, municipalities or other
governmental agencies or entities, in connection with or at the time of development of property within
or adjacent to the Project, where required or requested by any municipality or other governmental
agency or entity, or any public, quasi-public or private utility company.
3.28 Drainage. No Residential Unit, structure, building, landscaping, fence, wall or other
Improvement shall be constructed, installed, placed or maintained in any manner that would obstruct,
divert, interfere with or change the direction or flow of water in accordance with the drainage plans
for the Project, or any part thereof, or for any Lot or Parcel as shown on the drainage plans on file
with the county or municipality in which the Project is located. Each Owner shall, at its own expense,
maintain the drainage ways and channels on its Lot or Parcel in proper condition h e from
obstruction The Association shall have the right, after ten (10) days notice to an Owner, except in
the case of emergency (in which case the Association shall have an immediate right of access), to
repair or otherwise maintain the drainage way or channel on said Owner's Lot or Parcel, which the
Association, acting through the Architectural Committee, determines has not been maintained by the
Owner in compliance with this provision. All costs and expenses, including but not limited to,
reasonable attorney's fees and costs incurred by the Associaiton shall be borne by the Owner, and
shall be paid to the Associaiton upon demand, plus interest at an annual rate of twelve percent (12%)

from ten (10) days after said demand until paid in M. Any sum not paid by an Owner may be treated
as an assessment and collected in like manner as assessments levied pursuant to Article 6.
3.29 Garages and Drivewavs. The interior of all garages shall be maintained in a neat,
clean and sightly condition. Garages sha;ll be used only for parking vehicles and storage, and shall
not be used or converted for living or recreational activities without the prior written approval of the
Architectural Committee or unless constructed as such by the Declarant or Developer. Garage doors
shall be kept closed at all times except to the limited extent reasonably necessary to permit the entq
or exit of vehicles or persons.
3.30 roof to^ HVAC Eclui~ment Prohibited. No heating, ventilating, air conditioning
or evaporative cooling units or appurtenant equipment may be mounted, installed or maintained on
the roof of any Residential Unit or other building so as to be Visible From Neighboring Property.
3.31 Solar Collecting Panels or Devices. Declarant recognizes the benefits to be gained
by p&tting the use of solar energy as an alternative source of electrical power for residential use.
At the same time, Declarant desires to promote and preserve the attractive appearance of the Property
and the Improvements thereon, thereby protecting the value generally of the Property and the various
portions thereof, and of the various Owners' respective investments therein. Therefore, subject to
prior approval of the plans therefor by the Architectural Committee, solar collecting panels and
devises may be placed, constructed or maintained upon any Lot within the Property so long as such
solar collecting panels and devices are placed, constructed and maintained in such location(s) and
with such means of screening or concealment as the Architectural Committee may reasonably deem
appropriate to limit, to the extent possible, the visual impact of such solar collecting panels and
devices when viewed from any street or from any other property (whether within or outside the
Property). Notwithstanding any other provision of this Declaration to the contrary, Declarant (during
the Period of Declarant Control) or the Board (after the expiration or termination of the Period of
Declarant Control) shall have the right, without the consent or approval of any Owner or other
Person, to amend this Section (which amendment may, without limitation, impose additional or
ditrerent restrictions on solar collecting panels and devices) as Declarant or the Board (as applicable)
deems appropriate in the event that, after the date this Declaration is Recorded, Section 33-439 of
the Arizona Revised Statutes (or any successor thereto) is amended, repealed or replaced.
3.32 Basketball Goals or Play Structures. No basketball goal, backboard or similar
mcture or device, and no swingsets or other play structures, shall be placed or constructed on any
Lot or Parcel so as to be Visible From Neighboring Property without the prior approval of the
Architectural Committee (including, without limitation, approval as to appearance, height and
location). Notwithstanding the above, portable goals may be placed on a Lot, without prior written
approval of the Architectural Committee, provided, however, that such portable goals are promptly
stored so as not to be Visible From Neighboring Property when not in use.
3.33 m. No tanks of any ldnd (including tanks for the storage of fuel) shall be erected,
placed or maintained on any Lot or Parcel unless such tanks are buried underground. Nothing herein
shall be deemed to prohibit use or storage upon any Lot or Parcel of an aboveground propane or
similar fuel tanks with a capacity of ten (10) gallons or less used in connection with a normal

esidential gas barbecue, grill or fireplace or a spa or "hot tub," so long as any such tank either: (a)
has a capacity of ten (10) gallons or less; or (b) is appropriately stored, used andlor screened, in
accordance with the Architectural Committee Rules or as otherwise approved by the Architectural
Committee, so as not to be Visible From Neighboring Property.
3.34 Exterior Li~hting. ~xte

of the Additional Property), to dedicate portions of the Common Area to the public, or grant
easements over, under or through portions of the Common Area to the public, to any municipal or
other governmental agency or entity, or to any public, quasi-public or private utility company, for use
as right-of-way, for utilities, for public landscape purposes and the like, as may be required or
requested by the City of Phoenix or any-municipal or other governmental agency or entity having
jurisdiction, or by a public, quasi-public or private utility company, in connection with or at the time
of the development of portions of the Property or of portions of the Additional Property.
(b) The Association shall have the right to regulate the use of the Common
Area through the Association Rules (which may include, without limitation, the adoption and
implementation of a reservation system for such portions of the Common Area, or improvements or
amenities thereon, as the Board deems appropriate) and to prohibit access to such portions of the
Common Area, such as landscaped right-of-ways, not intended for use by the Owners, Lessees or
other Occupants.
., ?
9 (c) Ifa Recorded Tract Declaration designates a portion of the Common
Area as a Parcel Assessment Area, then only the Owners and Occupants of those Lots and Parcels
which are assessed a Parcel Assessment for such Parcel Assessment Area shall have the right to use
such Parcel Assessment Area.
(d) Declarant and the Association shall each have the right to grant
easements or licenses to Developers or other Persons for the construction of Improvements on the
Common Area, and Declarant and the Association shall each have the right to grant ingress and
egress easements over the streets and roads in the Project to Persons who are not Members of the
Association.
(e) Declarant and the Association shall each have the right to convey
certain portions of the Common Area to Owners of adjoining Lots, provided, however, that neither
the Association nor Declarant shall have the right to transfer or convey any portion of the Common
Area upon which is situated any recreational facility unless approved by a vote of the Owners
pursuant to Subsection 4.1.11a).
( The Association shall have the right to charge Special Use Fees for the
use of the Common Area. The Special Use Fees, if any, shall be set by the Board ffom time to time,
in its discretion Special Use Fees shall be charged only for actual entry upon or use of those portions
of the Common Area, if any, selected by the Board to be subject to a Special Use Fee, and shall be
imposed only where the Board deems it appropriate to collect revenue ffom the actual users of such
selected portions of the Common Area so that all of the costs of operating such selected portions of
the Common Area are not borne by all of the Owners through Annual Assessments, but rather are
borne, at least in part, by the Owners, Occupants and other Persons using such selected portions of
the Common Area.
(g) The Board shall have the right to suspend the rights of any Owner or
Occupant to use and enjoy recreational facilities on the Common Area: (1) for any period during
which an Assessment remains delinquent; (2) for a period not to exceed 60 days for any infraction

of the Project Documents; or (3) for successive 60-day periods if any such inf?action is not corrected
during any preceding suspension period. Any suspension of the rights of an Owner or Occupant to
use and enjoy recreational facilities on the Common Area shall automatically, without any firther
action, also act as a suspension of any rights or privileges any guest, family member, Lessee or invitee
of such Owner or Occupant might otheryise have to use and enjoy any such recreational facilities.
4.1.2 Ifa Lot or Pard is leased or rented by its Owner, the Occupants of such Lot
or Parcel shall have the right to use the Common Area during the term of the lease, and the Owner
of such Lot or Parcel shall have no right to use the Common Area until the termination or expiration
of such lease.
4.1.3 The Board shd have the right to limit the number of guests and invitees who
may use the recreational facilities located on the Common Area at any one time and may restrict the
use of the recreational facilities by guests and invitees to certain specified times.
'+Aa2
Easement There are hereby created easements upon, across, over and under
the Common Area, Lots, Parcels and other property for reasonable ingress, egress, installation,
replacement, repair or maintenance of all utilities, including, but not limited to, gas, water, sewer,
telephone, cable television and electricity. By virtue of these easements, it shall be expressly
permissible for the providing utility company to erect and maintain the necessary equipment on the
Common Area, Lots, Parcels and other property, but no sewers, electrical lines, water lines or other
utility or service lines may be installed or located on the Common Area, Lots, Parcels and other
property except as initially designed, approved and constructed by Declarant or as approved by the
Board (and, in the case of a Lot or Parcel, by the Owner of such Lot or Parcel). If any utility
company requests that a more specific easement be granted in its favor in substitution for the blanket
easement hereby established with respect to the Common Area, the Association shall have the power
and authority, without the need for any consent by the Owners or any other Person, to grant the more
specific easement on such terms and conditions as the Board deems appropriate.
4.3 Easements for In-s and Emess. There are hereby created easements for ingress
and egress for pedestrian traflk over, through and across sidewalks, paths, walks and lanes that fiom
time to time may exist upon the Common Area. There are also hereby created easements for ingress
and egress for pedestrian and vehicular traffic over, through and across such driveways and parking
areas as from time to time may be paved and intended for such purposes. Such easements shall run
in favor of and be for the benefit of the Owners and Occupants of the Lots and Parcels and their
guests, families, tenants and invitees. There are also hereby created easements upon, across and over
the Common Area and all private streets, private roadways, private driveways and private parking
areas within the Property for vehicular and pedestrian ingress - and egress - for police, fire, medical and
other emergency vihicies and personnel. -
4.4 Declarant's Use and Easements.
4.4.1 Declarant shall have the right and an easement (which, in its discretion, it may
delegate to andlor share with one or more ~eveloiers, upon and subject to such terms and conditions
as Declarant may deem appropriate) to maintain sales or leasing offices, management offices and

models throughout the Project and to maintain one or more advertising signs on the Common Area,
Village Common Area and Neighborhood Common Area with respect to the sales of Lots, Parcels
or other property in the Project or within any of the Additional Property. Declarant reserves the right
(which, in its discretion, it may delegate to andlor share with one or more Developers, upon and
subject to such terms and conditions-as Declarant may deem appropriate) to place models,
management offices and sales and leasing offices on any Lots, Parcels or other property owned by
Declarant (or such Developer(s), as applicable) and on any portion of the Common Area, Village
Common Area and Neighborhood Common Area in such number, of such size and in such locations
as Declarant deems appropriate.
4.4.2 So long as Declarant is marketing Lots, Parcels or other portions of the
Property or the Additional Property, Declarant shall have the right to restrict the use of the parking
spaces on the Common Area. Such right shall include reserving such spaces for use by prospective
purchasers, Declarant's employees and others engaged in sales, leasing, maintenance, construction
or management activities.

. . i i.:. :.* .:. :
7jL-7; 1 .,'
i.i i
4.5.4 For the purpose of enabling the Association, the Board, the Architectural
Committee or any other committees appointed by the Board to exer6se and discharge their respective
rights, powers and duties under the Project Documents;
4.5.5 For inspection of the Lots, Parcels, Viage Common Area or Neighborhood
Common Area in order to verify that the Owners and Occupants, and their guests, tenants and
invitees, are complying with the provisions of the Project Documents.
ARTICLE 5
THE ASSOCIATION; ORGANIZATION; MEMBERSHIP
AND VOTING RIGHTS
I
5.1 Formation ofhsociation. The Association shall be a nonprofit Arizona corporation
charged with the duties and vested with the powers prescribed by law and set forth in the Articles,
the Bylaws and this Declaration. In the event of any conflict or inconsistency between this
~ecl&&on and the Articles, Bylaws, Association Rules or Architectural Committee Rules, this
Declaration shall control.
5.2 Board of Directors and Officers. The affairs of the Association shall be conducted
bv the Board and such officers as the Board mav elect or appoint in accordance with the Articles and
< < ..
the Bylaws. Unless the Project Documents specifically require the vote or written consent of the
Members, approvals or actions to be given or taken by the Association shall be valid if given or taken
by the Board. The Board may . appoint -- various committees at its discretion. The Board may also
appoint or engage a manager to be responsible for the day-to-day operation of the Association and
the Common Area, in which event the Board shall determine the compensation to be paid to any such
manager.
5.3 Association w. The Board may, from time to &me, and subject to the provisions
of this Declaration, adopt, amend and repeal rules and regulations pertaining to: (a) the management,
operation and use of the Common Area including. but not limited to. anv recreational facilities
, ,
siiuated upon the Common Area, (b) tratlic and parEg restrictions including speed limits on private
streets within the Proiect: (c) minimum standards for anv maintenance of Common Areas. Lots and
Parcels within the project; b; (d) any other subject withih the jurisdiction of the ~ssociatibn. In the
event of anv contlict or inconsistency between the provisions of this Declaration and the Association
Rules, the provisions of this ~eclkation shall
5.4 Personal -. No member of the Board, the Architectural Committee or any
other committee of the Association, no officer of the Association and no manager or other employee
of the Association shall be personally liable to any Member, or to any other Person including the
Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission,
error or negligence of the Association, the Board or any member thereof, the Architectural
Committee or any member thereog the manager, any representative or employee of the Association,
any officer of the Association or any member of any other committee of the Association; provided,
however, the limitations set forth in this Section shall not apply to any person who has failed to act
in good faith or has engaged in willful or intentional misconduct.

5.5 Imolied Rights. The Association may exercise any right or privilege given to the
Association expressly by the Project Documents and evety other right or privilege reasonably to be
implied *om the existence of any right or privilege given to the Association by the Project Documents
or reasonably necessary to effectuate any such right or privilege.
-
5.6 Village and Neighborhood Declarations and Associations. No Viage Declaration
or Neighborhood Declaration (nor any amendment to any such declaration) shall be Recorded by any
Person other than Declarant (and, if Recorded, such Vilage Declaration, Neighborhood Declaration
or amendment shall not be effective) unless it has been expressly approved, in a written, Recorded
instrument (which may be attached to or part of such Viage Declaration, Neighborhood Declaration
or amendment) by: (a) Declarant, so long as Declarant owns any Lot or Parcel in the Project; or (b)
the Board, if at the time Declarant no longer owns any Lot or Parcel in the Project. Likewise, no
articles of incorporation, bylaws or similar formative or governing documents (or any amendment
thereto) of a Viage Association or Neighborhood Association formed by any Person other than
Declarant shall be filed or effective unless they have been expressly approved in writing by: (a)
~ecl&X, so long as Declarant owns any Lot or Parcel in the Project; or (b) the Board, if at the time
Declarant no longer owns any Lot or Parcel in the Project.
5.7 members hi^ & Association. Every Owner of a Lot or Parcel which is
Assessable Property shall be a Member of the Association, and Declarant shall be a Member of the
Association so long as it owns any part of the Project or of the Additional Property (unless and until
Declarant expressly relinquishes in writing its status as a Member). Each such Owner shall have the
following number of Memberships in the Association:
5.7.1 One (1) Membership for each Lot owned by that Owner,
5.7.2 In the case of a Parcel subject to a Tract Declaration which assigns a specific
number of Memberships to such Parcel, such Owner shall have, with respect to that Parcel, the
number of Memberships so assigned.
5.73 In the case of a Parcel with respect to which no Tract Declaration has yet been
Recorded, the Owner of the Parcel shall have one Membership for each Residential Unit permitted
on such Parcel under then-current zoning. Total Memberships attributable to a Parcel with respect
to which no Tract Declaration has yet been Recorded shall, upon Recordation of a Tract Declaration,
be adjusted and re-determined in accordance with the provisions of this Section .7. Further, as to
any Parcel which is subdivided into Lots, upon such subdivision the Memberships attributable to such
Lots shall be adjusted and redetermined in accordance with Section 5.7.1 (and, as to any portion of
such Parcel which is not subdivided and therefor itself constitutes a Parcel, the total Memberships
attniutable to such "new" Parcel shall be adjusted and re-determined in accordance with this Section
5.7).
5.7.4 If, at any time when Declarant is a Member of the Association but would have
no Memberships pursuant to Section 5.7.1,5.7.2 or 5.7.3. Declarant shall nevertheless be deemed
to have one (1) Membership, provided, however, that the number of votes held by Declarant shall be
determined pursuant to Section s.

5.8 Votes in the Association.
5.8.1 Each Owner other than Declarant shall be entitled to one (1) vote for each
Membership held by such Owner.
-
5.83 Until the expiration or termination of the Period of Declarant Control, Declarant
shall be entitled to the following number of votes: (a) Three (3) votes for each Membership allocated
to Declarant pursuant to Section of this Declaration as the Owner of Lots and Parcels which are
Assessable Property; plus (b) three (3) votes for each unit of density allocated by the Development
Master Plan to the property shown on the Development Master Plan as available for residential
development whether or not such property has been annexed and subjected to this Declaration
pursuant to the provisions of Article 9 hereoc plus (i) three (3) votes for each 10,000 gross square
feet, or fiaction thereoc of all property shown on the Development Master Plan as available for
commercial use whether or not such property has been annexed and subjected to this Declaration
pursuaqt to the provisions of Article 9 hereof.
*
, .
5.8.3Until the expiration or termination of the Period of Declarant Control: (a) the
Association shall be deemed to have two classes of Members, Class A and Class B; (b) Declarant shall
be the Class B Member, and all votes held by Declarant shall be Class B votes; (c) all Owners other
than Declarant shall be Class A Members, and all votes held by such Owners shall be Class A votes.
Following expiration or termination of the Period of Declarant Control, the Association shall be
deemed to have a single class of Members and votes, and the number of votes to which Declarant is
entitled shall be determined in accordance with Section 5.8.1 based upon the Membership(s), if any,
held by Declarant as an Owner. Notwithstanding the foregoing, however, except as otherwise
expressly provided in this Declaration or in any of the other Project Documents, any issue put to a
vote at a duly called meeting of Members at which a quorum is present shall be decided by a simple
majority of all votes represented in person or by valid proxy at such meeting, regardless whether such
votes are otherwise deemed to be Class A votes or Class B votes.
5.9 Votine Procedures. A change in the ownership of a Lot or Parcel shall be effective
for voting purposes fiom the time the deed or other instrument effecting such change is Recorded;
the Board shall thereafter be given written notice of such change and provided satisfactory evidence
thereof The vote for each such Lot or Parcel must be cast as a unii, and fractional votes shall be not
be allowed. In the event that a Lot or Parcel is owned by more than one Person and such 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 or
Parcel, it wiU thereafter be conclusively presumed for all purposes that he, she or it was acting with
the authority and consent of all other Owners of the same Lot or Parcel, unless objection thereto is
made at the time the vote is cast. In the event more than one Owner attempts to cast the vote or
votes for a particular Lot or Pard, the vote or votes for that Lot or Parcel shall be deemed void and
shall not be counted.
5.10 Transfer of Membership. The rights and obligations of any Member other than
Declarant shall not be assigned, transferred, pledged, conveyed or alienated in any was except upon
transfer of ownership of an Owner's Lot or Parcel, and then only to the transferee of ownership of
ststsonhh
27

the Lot or Parcel. A transfer of ownership of a Lot or Parcel may be effected by deed, intestate
succession, testamentary disposition, foreclosure or such other legal process as is now in effect or as
may hder
be established under or pursuant to applicable law. Any attempt to make a prohibited
transfer shall be void. Any transfer of ownership of a Lot or Parcel shall operate to transfer the
Membership appurtenant to said Lot or Parcel to the new Owner thereof. Each Purchaser of a Lot
or Parcel shall not@ the Association of his, her or its purchase of a Lot or Parcel. The Association
may require the Purchaser of a Lot or Parcel to pay to the Association a transfer fee in an amount to
be set by the Board, and the transfer fee shall be secured by the Assessment Lien.
5.11 Architectural Committee.
5.11.1 The Association shall have an Architectural Committee to perform the
hnctions assigned to it as set forth in this Declaration. So long as Declarant owns any Lot, Parcel
or other property within the Project, or any portion of the Additional Property, the Architectural
Committee shall consist of three (3) regular members and one (1) alternate member, each of whom
shall befappointed by, and serve at the pleasure of, Declarant. At such time as Declarant no longer
owns any Lot, Parcel or other property within the Project, or any portion of the Additional Property,
the Architectural Committee shall consist of such number of regular and alternate members as the
Board may deem appropriate from time to time (but in no event less than three (3) nor more than
seven (7) regular members, nor less than one (1) nor more than three (3) alternate members), each
ofwhom shall be appointed by, and serve at the pleasure of, the Board. Declarant may at any time
voluntarily surrender in writing its right to appoint and remove the members of the Architectural
Committee pursuant to this Section 5.11.1, and in that event Declarant may require, for so long as
Declarant owns any Lot, Parcel or other property within the Project, or any portion of the Additional
Property, that specified actions of the Architectural Committee, as described in a Recorded
instrument executed by Declarant, be approved by Declarant before they become effective.
5.11.2 The Architectural Committee shall promulgate architectural design guidelines
and standards (inchding, but not limited to, color palettes and plant materials) to be used in rendering
its decisions. The decision of the Architectural Committee shall be final on all matters submitted to
it pursuant to this Declaration. As provided in Section 3.2.9, the Architectural Committee may
establish a reasonable fee to defer the costs of considering any requests for approvals submitted to
the Architectural Committee, which fee shall be paid at the !ime the request for approval is submitted.
ARTICLE 6
COVENANT FOR ASSESSMENTS AND CREATION OF LIEN
6.1 Creation of Lien and Personal Oblivation of Assessments. Declarant, for each Lot
and Parcel, hereby covenants and agrees, and each Owner, other than Declarant, by becoming the
Owner of a Lot or Parcel is deemed to covenant and agree, to pay Assessments to the Association
in accordance with this Declaration. All Assessments shall be established and collected as provided
in this Declaration The Assessments, together with interest, late charges and all costs, including but
not limited to reasonable attorneys fees, incurred by the Association in collecting or attempting to
collect delinquent Assessments, whether or not suit is filed, shall be a charge on the Lot or Parcel and

shall be a continuing lien upon the Lot or Parcel against which each such Assessment is made. Each
Assessment, together with interest and all costs, including but not limited to reasonable attorneys fees,
incurred by the Association in collecting or attempting to collect delinquent Assessments, whether
or not suit is filed, shall also be the personal obligation of each Person who was an Owner of the Lot
or Parcel at the time when the Assessment became due. The personal obligation for delinquent
Assessments shall not pass to the successors in title of the Owner unless expressly assumed by them
(unless title is transferred to one or more such successors for purposes of avoiding payment of any
Assessment or is transferred to a Person controlling, controlled by or under common control with the
Owner transferring title).
6.2 Annual Assessment.
,
6.2.1 In order to provide for the operation and management of the Association and
to provide funds for the Association to pay all Common Expenses and to perform its duties and
obligatipns under the Project Documents, including, without limitation, the establishment of
reaso&le reserves for replacements, maintenance and contingencies, the Board, for each Assessment
Period shall assess an Annual Assessment against each Lot and Parcel which is Assessable Property
of which the due dates shall be established by the Board.
6.2.2 The Board shall give notice of the Annual Assessment to each Owner at least
thirty (30) days prior to the beginning of each Assessment Period, but the failure to give prior notice
shall not affect the validity of the Annual Assessment established by the Board nor relieve any Owner
from its obligation to pay the Annual Assessment. If the Board determines during any Assessment
Period that the funds budgeted for that Assessment Period are, or will become, inadequate to meet
all Commonkpenses for any reason, including, without limitation, nonpayment of Assessments by
Members, the Board may increase the Annual Assessment for that Assessment Period and the revised
Annual Assessment shall commence on the date designated by the Board.
6.3 Rate of Assessment.
6.3.1 The amount of the Annual Assessment against each Lot or Parcel shall be
determined as follows:
(a) The term "Membership Assessment" shall mean for each fiscal year,
the amount equal to the total budget of the Association (except for any Common Expenses
to be assessed as a Parcel Assessment under Section 6.4') for the applicable Assessment
Period divided by the total number of Memberships in the Association (subject to Subsection
6.3.Ub) below).
(b)
Except for Lots and Parcels subject to assessment pursuant to
paragraphs (c) and (d) of this Subsection 6.3.1 and except for Lots and Parcels owned by
Declarant which are exempt from assessment under paragraph (e) of this Subsection 6.3.1,
each Lot and Parcel shall be assessed an Annual Assessment in an amount eaual to the
number of Memberships attributable to such Lot or Parcel pursuant to Section .7 of this
Declaration multiplied by the Membership Assessment. Notwithstanding any provision of this

Declaration to the contrary, the Annual Assessment shall not be increased by an amount
greater than twenty percent (20%) of the immediately preceding Annual Assessment without
the affirmative vote or written consent, or any combination thereof, of Members representing
more than i%y percent (50%) of the votes in the Association.
(e) Each ~ot-shall be assessed an Annual Assessment of twenty-five
percent (25%) of the Membership Assessment until the earliest of (i) the completion of a
Residential Unit on the Lot; (u) six (6) months from the commencement of construction of
a Residential Unit on the Lot; or (iii) four (4) years from the date of the Recording of the
Tract Declaration applicable to the Lot (or to the Parcel from which the Lot was created).
Thereafter the Annual Assessment for the Lot shall be an amount equal to the Membership
Assessment. ,
(d)
A Parcel having a Land Use Classification of Single Family Residential
Use, Residential Condominium Use, Townhouse Residential Use or Multi Family Residential
'':use shall be assessed an Annual Assessment of twenty-five percent (25%) of the amount
equal to the number of Memberships attributable to such Parcel under Section 5.7 of this
Declaration multiplied by the Membership Assessment until three (3) years from the date of
the Recording of the Tract Declaration for the Parcel. Thereafter, the Parcel shall be assessed
an Annual Assessment equal to the number of Memberships attributable to such Parcel under
Section 5.7 of this Declaration multiplied by the Membership Assessment.
(e) Notwithstanding any other provision of this Declaration to the
contrq, no Annual Assessment shall be levied against Lots and Parcels owned by Declarant;
provided, however, that Declarant shall have a subsidy obligation as provided in 6.3.1fQ.
(0 During the Period of Declarant ~onkol, Declarant and each Developer
shall, in accordance with the provisions of this paragraph (9, subsidize the Association for the
difference between the cost of operating and administering the Association during each
Assessment Period and the total amount of Assessments levied against Lots and Parcels
hereunder during that Assessment Period. The subsidy obligation shall be paid by Declarant
and each Developer on a periodic basis (i.e., monthly, quarterly, annual) basis as determined
by the Board (such payment period, as determined by the Board, being hereinafter referred
to as a "Payment Period"). The total subsidy required of Declarant and each Developer
during each Assessment Period under this paragraph (f) shall be allocated among and paid to
the Association by Declarant and such Developers on a pro rata basis, based upon the number
of Memberships held by Declarant (or such Developer, as applicable) on the last day of the
preceding Payment Period divided by the total number of Memberships held by Declarant and
all such Developers on that same day. In no event shall the sum of the Assessments and
subsidy paid by a Developer per Assessment Period exceed the total amount that such
Developer would have paid had it been required to pay the fidl Membership Assessment per
Membership held by it as set forth herein; an4 in no event shall the subsidy paid by Declarant
per Assessment Period exceed the total amount that Declarant would have paid had it been
required to pay the fU Membership Assessment per Membership held by it as set forth herein.
The subsidy required of Declarant under this paragraph (f) may be in the form of cash or in

the form of "in-kind:" contributions of goods or serviced, or in any combination of the
foregoing.
6.3.2 For purposes of this Section, wmtmction of a Residential Unit or other building
shall be deemed to commence on the earlier of: (a) the date on which the excavation of the
foundation footings is completed; or (b) the date on which a buildiig permit for the Residential Unit
or other building is issued by the City of Phoenix. For purposes of this Section, a Residential Unit,
Condominium Unit or other buildiig shall be deemed completed when in the opinion of the Board,
the building is ready for occupancy.
63.3 If the rate of assessment for any Lot or Parcel changes during any Assessment
- - -
Period pursuant to the provisions of Subsection 6.3.1. the Annual Assessment attributable tb such
Lot or Parcel shall be prorated between the applicable rates upon the basis of the number of days in
the Assessment period that the Lot or parcel was assessed under each rate.
.. ?
Ti.4 Parcel Assessments. All Common Expenses of the Association pertaining to the
operation, maintenance, repair and replacement of'a Parcel Assessment Area shall be shown
separately in the budget adopted by the Board. The Common Expenses pertaining to the operation,
maintenance repair and replacement of a Parcel Assessment Area (which Common Expenses shall for
purposes of this Section 6.4 include, without limitation: (a) any contributions to reserves for
maintenance, replacement and repairs and for contingencies; (b) any additional insurance premiums
charged to the Association because of the type or nature of the Parcel Assessment area; and (c) any
costs, losses, damages liabilities or expenses, including without limitation attorneys' fees and court
costs, suffered or incurred by the Association by reason of its ownership, operation, maintenance,
replacement or repair of the Parcel Assessment Area (to the extent that they exceed the amount of
any insurance proceeds received by the Association or any proceeds recovered by the Association
fiom other parties, as reasonably determined by the Board) shall be assessed solely against the Lots
and Parcels which are benefited bv the Parcel Assessment Area as established bv the Tract
Declaration designating the Parcel Assessment Area. No Common Expenses pertaining to the
operation maintenance, - repair . or replacement of a Parcel Assessment Area shall be used in
computing the Annual Assessments to be levied pursuant to Section 6.2 and 6.3. Unless otherwise
provided for in the applicable Tract Declaration. Parcel Assessments shall be levied against the Lots
Ad parcels beneliti by the parcel ~ssessment kt at a uniform rate per ~embersh6 If the Board
determines during any Assessment Period that Parcel Assessments with respect to any Parcel
Assessment Area are, or will, become inadequate to meet all Common Expenses pertaining to that
Parcel Assessment Area for any reason, including, without limitation, nonpayment of Parcel
Assessments by Members, the Board may increase the Parcel Assessment for that Assessment Period
and the revised Parcel Assessment shall commence on the date designated by the Board.
6.5 &g&l Assessments. The Association may levy against each Lot and Parcel which
is Assessable Property, in any Assessment Period, a Special Assessment for the purpose of defraying
in whole or in part, the cost of any construction, reconstruction, repair or replacement of
Improvements upon the Common Area, including fyctures and personal property related thereto,
provided that any Special Assessment shall have the assent of two-thirds (213) of the votes entitled

to be cast by Members who are voting in person or by proxy at a meeting duly called for such
purpose.
6.6 Assessment M. The period for which the Annual Assessments and Parcel
Assessments are to be levied (the "Assessment Period) shall be the calendar year. The Board in its
sole discretion from time to time may change the Assessment Period.
6.7 Rules Reearding Billing and Collection Procedures. Annual and Parcel
Assessments shall be collected on a monthly basis or such other basis as may be selected by the
Board. S~ecial Assessments mav be collected as soecified bv the Board. The Board shall have the
right to aiopt rules and regulatio& setting forth pricedures for the purpose of making Assessments
and for the big and collection of Assessments, provided that the procedures are not inconsistent
with the provisio& of this Declaration. The failurd if the Association ;o send a bid1 to a Member shall
not relieve any Member of his liability for any Assessment or charge under this Declaration, but the
Assessment Lien therefor shall not be foreclosed or otherwise enforced until the Member has been
given $t less than thirty (30) days written notice prior to such foreclosure or enforcement that the
Assessment or any installment thereof is or will be due and of the amount owing. Such notice may
be given at any time prior to or after delinquency of such payment. The Association shall be under
no duty to rehd any payments received by it even though the ownership of a Lot or Parcel changes
during an Assessment Period. Successor Owners of Lots or Parcels shall be given credit for
prepayments, on a prorated basis, made by prior Owners.
6.8 Effective of Non~avment of Assessments; Remedies of&
Association.
6.8.1 Any Assessment, or any installment of an Assessment, not paid within thirty
(30) days after the Assessment, or the installment of the Assessment, first became due shall bear
interest fiom the due date at the rate established from time to time by the Board. In addition, the
Board may establish a late fee (subject to any limitations imposed by applicable law) to be charged
to any Owner who has not paid any Assessment, or any installment of an Assessment, within thirty
(30) days aftet such payment was due.
6.8.2 The Association shall have a lien on each Cot and Parcel for all Assessments
levied against the Lot or Parcel and for all other fees and charges payable to the Association by the
Owner of the Lot or Parcel pursuant to this Declaration. Recording of this Declaration constitutes
record notice and perfection of the Assessment Lien. The Association may, at its option, Record a
notice of lien setting forth the name of the delinquent Owner as shown in the records of the
Association, the legal description or street address of the Lot or Parcel against which the notice of
lien is Recorded and the amount claimed to be past due as of the date of the Recording of the notice
including interest, lien recording fees and reasonable attorneys' fees.
6.8.3 The Assessment Lien shall have priority over all liens or claims except for (a)
tax liens for real property taxes; (b) assessments in favor of any municipal or other governmental
body; and (c) the lien of any Fist Mortgage. The Assessment Lien shall have priority over liens
securing assessments levied pursuant to a Village Declaration andtor a Neighborhood Declaration.
Regardless whether the Assessment Lien has, or is deemed to have, priority over liens securing

assessments levied pursuant to a Viage Declaration or a Neighborhood Declaration (or both),
foreclosure of the Assessment Lien with respect to a Lot or Parcel shall not impair, extinguish or
otherwise affect such other assessment liens or relieve or release any obligations for such other
assessments secured by such Lot or Parcel.
-
6.8.4 The Association shall not be obligated to release any Recorded notice of lien
until all delinquent Assessments, interest, lien fees, reasonable attorneys' fees, court costs, collection
costs and all other sums payable to the Association by the Owner of the Lot or Parcel have been paid
in 111.
6.8.5 The Association shaU have the right, at its option, to enforce collection of any
delinquent Assessments together with interest, lien fees, reasonable attorneys fees and any other sums
due to the Association in any manner allowed by law including, but not limited to: (a) bringing an
action at law against the Owner personally obligated to pay the delinquent Assessments and such
action may be brought without waiving the Assessment Lien securing the delinquent Assessments;
or @) 'tiringing an action to foreclose the Assessment Lien against the Lot or Parcel in the manner
provided by law for the foreclosure of a realty mortgage. The Association shall have the power to
bid at any foreclosure sale and to purchase, acquire, hold, lease, mortgage and convey any and all
Lots or Parcels purchased at such sale.
6.9 Evidence of Pavment of Assessments. Upon receipt of a written request by a
Member or any other Person, the Association, within a reasonable period of time thereafter, shall
issue to such Member or other Person a written certificate stating: (a) that all Assessments, interest
and other fees and charges have been paid with respect to any specified Lot or Parcel as of the date
of such certificate; or (b) if all Assessments have not been paid, the amount of such Assessments,
interest, fees and charges due and payable as of such date. The Association may make a reasonable
charge for the issuance of such certificates, which charges must be paid at the time the request for
any such certificate is made. Any such certificate, when duly issued as herein provided, shall be
conclusive and binding with respect to any matter therein stated as against any bona fide Purchaser
of, or lender on, the Lot or Parcel in question.
6.10 Purposes for Which Association's Funds May be Used. The Association shall
apply all h ds and property collected and received by it (including the Assessments, fees, loan
proceeds, surplus h ds and all h ds and property received by it f?om any other source) for the
common good and bene6t of the Project and the Owners and Occupants by devoting said hnds and
property, among other things, to the acquisition, construction, alteration, maintenance provision and
operation, by any manner or method whatsoever, of any and all land, properties, improvements,
facilities, services, projects, programs, studies and systems, within or without the Project, which may
be necessary desirable or beneficial to the general common interests of the Project, the Owners and
the Occupants, and to the establishment and &ding of reasonable reserves for replacements and
contingencies. The following are some, but not all, of the areas in which the Association may seek
to aid, promote and provide for such common benefit: social interaction among Members and
Occupants, maintenance of landscaping on Common Area and public right-of-way and drainage areas
within the Project, construction, operation and maintenance of recreational and other facilities on
Common Area, operation, maintenance, replacement and repair of a Parcel Assessment Area and

Improvements thereon, recreation, insurance, communications, ownership and operation of vehicle
storage areas, education, transportation, health, utilities, public se~ces, safety, indedcation of
officers, directors and committee members of the Association, employment of professional managers,
and hiring professional consultants such as architects, engineers, attorneys and accountants.
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6.11 Sumlus Funds. The Association shall not be obligated to spend in any year all the
Assessments and other sums received by it in such year, and may carry forward as surplus any
balances remaining. The Association shall not be obligated to reduce the amount of the Annual
Assessment in the succeeding year if a surplus exists fiom a prior year, and the Association may carry
forward from year to year such surplus as the Board in its discretion may determine to be desirable
for the greater financial security of the Association and the accomplishment of its purposes.
6.12 Notice and Ouomm for Meetings Consider S~ecial Assessments Certain
Increases $ Annual Assessments. Notwithstanding any other provision hereof or of the Articles,
Bylaws or Association Rules, written notice of any meeting called for the purpose of (a) approving
the estslishment of any Special Assessment, as required by Section hereot or (b) approving any
increase in the Membership Assessment greater than that permitted by Section 6.3.lfb). shall be sent
to all Members not less than thirty (30) days nor more than sixty (60) days prior to the date of said
meeting. At the fist meeting thus called to consider the particular Special Assessment or increase
in the Membership Assessment, a quorum shall consist of sixty percent (60%) of the votes in each
class of Members (whether represented in person or by valid proxy), provided, however, that if a
quorum, as so determined, is not present at said first meeting, a second meeting may be called
(subject to the same notice requirements as set forth above) to consider the same issue, and a quorum
at said second meeting shall be one-half ('A) of the required quorum at the fist meeting, as described
above. Such second meeting may not be held more than sixty (60) days after the fist meeting.
ARTICLE 7
MAINTENANCE
7.1 Common Area and Public Rieht-of-Way.
7.1.1 The Association, or its duly delegated representative, shall manage, maintain,
repair and replace the Common Area and all Improvements located thereon (subject to Section
m, except the Association shall not be obligated to maintain areas which any governmental entity
or any utility company is maintaining or is obligated to maintain.
7.1.2 The Board shall be the sole judge as to the appropriate maintenance of all
Common Area and other properties maintained by the Association Any cooperative action necessary
or appropriate to the proper maintenance and upkeep of said properties shall be taken by the Board
or by its duly delegated representative.
7.1.3 In the event any subdivision plat, Tract Declaration, deed restriction or this
Declaration permits the Board to determine whether or not Owners of certain Lots or Parcels will be

esponsible for maintenance of certain Common Area or public right-of-way areas, the Board shall
have the sole discretion to determine whether or not it would be in the best interest of the Owners
and Occupants for the Association or an individual Owner to be responsible for such maintenance
considering cost, uniformity of appearance, location and other factors deemed relevant by the Board.
The Board may cause the Association to contract to provide maintenance senrice to Owners of Lots
and Parcels having such responsibilities in exchange for the payment of such fees as the Association
and Owner may agree upon.
7.2 Lots and Parcels. Each Owner of a Lot or Parcel shall be responsible for maintaining,
repairing - or replacing - his. . her or its Lot or Parcel, and all buildings, - - Residential Units, landsca~ing . -
o; other ~mviovements situated thereon, except for any portion of the Lot or picel which is
Common ~ rka (unless otherwise required by the Board Guant to Section 7.1.3).All buildings,
Residential Units, landscaping - - and other Improvements shall at all times be kept in good condition
and repair. ~andsca~in~ shall be maintained is required by Section .S. All ~ots and Parcels upon
which no Residential Units or other Improvements have been constructed shd be maintained in a
weed &e and attractive manner.
7.3 Assessment of Certain Costs of Maintenance and Re~air. In the event that the
need for maintenance or repair of the Common Area or any other area maintained by the Association
is caused through the d fbl or negligent act of any Member, his family, tenants, guests or invitees,
the cost of such maintenance or repairs shall be added to and become a part of the Assessment to
which such Member and the Member's Lot or Parcel is subject and shall be secured by the
Assessment Lien. Any charges or fees to be paid by the Owner of a Lot or Parcel pursuant to this
Section in connection with a contract entered into by the Association with an Owner for the
performance of an Ownet's maintenance responsibilities shall also become a part of such Assessment
and shall be secured by the Assessment Lien.
7.4 Imoro~er Maintenance and Use of Lots and Parcels. In the event any portion of
any Lot or Parcel is so maintained as to present a public or private nuisance, or as to substantially
detract from the appearance or quality of the surrounding Lots and Parcels or other areas of the
Project which are substantially affected thereby or related thereto, or in the event any portion of a Lot
or Parcel is being used in a manner which violates this Declaration or any Tract Declaration, Viage
Declaration or Neighborhood Declaration applicable thereto, or in the event the Owner of any Lot
or Parcel fails to perform any of its obligations under the Project Documents or any Tract
Declaration, Viage Declaration or Neighborhood Declaration applicable thereto, the Board may
make a hding to such effect, specifying the particular condition or conditions which exist, and
pursuant thereto give notice thereof to the offending Owner that unless corrective action is taken
within Ween (IS) days, the Board may cause such action to be taken at said Owner's cost. If at the
expiration of said 15-day period the requisite corrective action has not been taken, the Board shall
be authorized and empowered to cause such action to be taken and the cost thereof shall be added
to and become a part of the Assessment to which the offending Owner and the Owner's Lot or Parcel
is subject and shall be secured by the Assessment Lien.
7.5 Imaro~er Maintenance of Villaee and Neiehborhood Common &. If any
Village Common Area or Neighborhood Common Area is so maintained as to present a public or

private nuisance, or as to substantially detract from the appearance or quality of the surrounding Lots
and Parcels or other areas of the Project which are substantially affected thereby or related thereto,
or if any portion of the Village Common Area or Neighborhood Common Area is being used in a
manner which violates this Declaration, any Tract Declaration, Viage Declaration or Neighborhood
Declaration applicable thereto or ifthe Vi%e Common Area or Neighborhood Common Area is not
maintained in the manner required by this Declaration, or any Tract Declaration, Village Declaration
or Neighborhood Declaration applicable thereto, the Board may make a finding to such effect
specifying the particular condition or conditions which exist, and pursuant thereto give notice thereof
to the Viage Association or Neighborhood Association responsible for the maintenance of such
Viage Common Area or Neighborhood Common Area that unless corrective action is taken within
fifteen (15) days the Board may cause such action to be taken at the Viage Association's or
Neighborhood Association's expense. If at the expiration of such 15-day period, the requisite
corrective action has not been taken, the Board shall be authorized and empowered to cause such
action to be taken and the cost thereof shall be payable to the Association by the Village Association
or Neighborhood Association within ten (10) days after demand therefor is made by the Association.
.I
d
7.6 Common Walls. The rights and duties of Owners of Lots or Parcels with respect to
common walls shall be as follows:
7.6.1 The Owners of contiguous Lots or Parcels which have a common wall shall both
equally have the right to use such wall, provided that such use by one Owner does not interfere with
the use and enjoyment of same by the other Owner;
7.6.2111 the event that any common wall is damaged or destroyed through the act of
an Owner (or of his, her or its agents, tenants, invitees, licensees, guests or family members), it shall
be the obligation of such Owner to rebuild and repair the common wall without costs to the other
Owner or Owners;
7.6.3 In the event any such common wall is damaged or destroyed by some cause
other than the act of one of the adjoining Owners, or his, her or its agents, tenants, licensees, guests
or family (including ordinary wear and tear and deterioration fkom lapse of time), then, in such event,
both such adjoining Owners shall proceed forthwith to rebuild or repair the same to as good condition
as formerly existed, at their joint and equal expense;
7.6.4 The right of any Owner to contribution fkom any other Owner under this
Section shall be appurtenant to the land and shall pass to such Owner's successors in title;
7.6.5 In addition to meeting the other requirements of this Declaration and of any
other building code or similar regulation or ordinances, any Owner proposing to construct, modify,
make additions to or rebuild a common wall shall first obtain the written consent of each other Owner
whose Lot or Parcel adjoins such common wall or any portion thereof;
7.6.6 In the event any common wall encroaches upon a Lot or the Common Area, a
valid easement for such encroachment and for the maintenance of the common wall shall and does
exist in favor of the Owners of the Lots which share such common wall; and

7.6.7 In the event of any dispute between two or more Owners of contiguous Lots
or Parcels regarding a common wall or walls, such dispute shall be submitted to the Board for
resolution and the decision of the Board as to any such dispute shall be hal and binding.
7.7 ~aintenance of Walls Other than Common w.
7.7.1 Walls (other than common walls) located on a Lot or Parcel shall be maintained,
repaired and replaced by the Owner of the Lot or Parcel.
7.7.2 Any wall which is placed on the boundary line between a Lot or Parcel and the
Common Area shall be maintained, repaired and replaced by the Owner of the Lot or Parcel, except
that the Association shall be responsibie for the repair and maintenance of the side of the wall which
faces the Common Area The exception to the foregoing is the wrought iron in perimeter walls. All
wrought iron will be the responsibiity of the respective Lot Owner to maintain, repair and replace.
All wrought iron must be maintained in a rust free condition and painted in the color specifled by the
~rchit'l~tural Committee and Board. The Association shall have the right, after thirty (30) days
notice to an Owner, to repair, paint, or otherwise maintain the wrought iron (and without notice
in the event of an emergency) which the Association, acting through its Board, determines in its
discretion is in violation of this provision. AU costs and expenses, including reasonable
attorney's fees and costs, incurred by the Association shall be borne by the Owner, and shall be paid
to the Association on demand, plus interest at the rate of twelve percent (12%) per annum from
ten (10) days after said demand until paid in N. Any sum not paid by an Owner may be treated
as an assessment and collected in a like manner as assessments levied pursuant to Article VI of this
Declaration. In no instance shall any portion of a perimeter fence be temporarily removed or
altered, including but not limited to removal in connection with the installation or construction
of a swimming pool. Any Owner in violation of this provision shall be subject to such
monetary penalties and suspension of voting rights and Common Area use rights as may be
established by the Board.
ARTICLE 8
INSURANCE
8.1 Scow of Coverage. Commencing not later than the time of the first conveyance of
a Lot or Parcel to a Purchaser, the Association shall maintain, to the extent reasonably available, the
following insurance coverage:
8.1.1 Property insurance on the Common Area insuring against all risk of direct
physical loss, k e d against in an amount equal to the maximum insurable replacement value of the
Common Area, as determined by the Board; provided however, that the total amount of insurance
shall not be less than one hundred percent (100%) of the current replacement cost of the insured
property (less reasonable deductibles), exclusive of the land, excavations, foundations and other items
normally excluded form a property policy;

8.1.2 Comprehensive general liabiity insurance, including medical payment insurance,
in an amount detennhed by the Board, but not less than $1,000,000. Such insurance shall cover all
occurrences commonly insured against for death, bodily injury and property damage arising out of
or in connection with the use, ownership or maintenance of the Common Area and other portions of
the Project which the Association is ot?ligated to maintain under this Declaration, and shall also
include hired automobile and non-owned automobile coverages with cost liabiity endorsements to
cover liabiities of the Owners as a group to an Owner;
8.1.3 Workmen's compensation insurance to the extent necessary to meet the
requirements of applicable law;
8.1.4 Such other hsbrance as the Board shall determine form time to time to be
appropriate to protect the Association or the Owners;
8.1.5 Each insurance policy purchased by the Association shall, to the extent
? t
reasonibly available, contain the following provisions:
(a) The insurer issuing such policy shall have no rights of subrogation with
respect to claims against the Association or its agents, servants or employees, or with respect
to claims against Owners or Occupants;
(b) No act or omission by any Owner, unless acting within the scope of
his authority on behalfof the Association, will void the policy or adversely afFect recovery on
the policy;
(c) The coverage afforded by such policy shall not be brought into
contribution or proration with any insurance which may be purchased by Owners, Occupants
or Mortgagees;
(d) A "severabiity of interest" endorsement which shall preclude the
insurer from denyingthe claim of an Owner or Occupant because of the negligent acts of the
Association or other Owners or Occupants;
(e)
Statement naming the Association as the insured;
(0 For policies of hazard insurance, a standard mortgagee clause
providing that the insurance carrier shall notify any Mortgagee named in the policy at least
ten (10) days in advance of the effective date of any substantial modification, reduction or
cancellation of the policy.
8.2 Certif~cates of Insurance An insurer which has issued an insurance policy under this
Article shall issue a certificate or a memorandum of insurance to the Association and, upon request,
to any Owner or Mortgagee. Any insurance obtained pursuant to this Article shall not be canceled
until thirty (30) days after notice of the proposed cancellation has been mailed to the Association and
to each Owner and each Mortgagee to whom certificates of insurance have been issued.

8.3 Pavment of Premiums. The premiums for any insurance obtained by the Association
pursuant to this Declaration shall be included in the budget of the Association and shall be paid by
the Association.
8.4 Pavment of Insurance Proceeds. With respect to any loss to the Common Area
covered by property insurance obtained by the Association, the loss shall be adjusted with the
Association, and the insurance proceeds shall be payable to the Association and not to any
Mortgagee. Subject to the provisions of Section 8.J. the proceeds shall be disbursed for the repair
or restoration of the damage to the Common Area.
8.5 Renair and Renlacement of Damaged or Destroyed Pronerty. Any portion of the
Common Area which is damaged or destroyed shall be repaired or replaced promptly by the
Association unless (a) repair or replacement would be illegal under any state or local health or safety
statute or ordinance, or (b) Owners representing at least eighty percent (80%) of the total votes in
the Association vote not to rebuild. The cost of repair or replacement in excess of insurance proceeds
and re&= shall be paid by the Association. Ifthe entire Common Area is not repaired or replaced,
insurance proceeds attributable to the damaged Common Area shall be used to restore the damaged
area to a condition whichis not in violation of any state or local health or safety statute or ordinance
and the remainder of the proceeds shall either: (i) be retained by the Association as an additional
capital reserve; or (ii) be used for payment of operating expenses of the Association if such action is
approved by the aflirmative vote or written consent, or any combination thereof, of Members
representing more than fifty percent (50%) of the votes in the Association.
ARTICLE 9
ANNEXATION OF ADDITIONAL PROPERTY; DEANNEXATION
9.1 Reservation of Certain Annexation m. Declarant hereby reserves the right,
privilege and option ftom time to time hereafter to add and annex to the Property (and thereby to
subject to the provisions of this Declaration) any part(s) or all of the Additional Property, without the
vote of the Members and without notice to or approval of any holder, insurer or guarantor of any
Mortgage or of any other Person, provided, however, that the right, privilege and option reserved
in this sentence shall expire and terminate at 1159 p.m. local time on December 31, 2025.
Notwithstanding the foregoing sentence, no portion of the Additional Property may be annexed to
the Property unless, at the time of each and any such annexation either: (a) the portion of the
Additional Property to be annexed is owned either by Declarant or by a trustee for the benefit of
Declarant; or (b) the owner of the portion to be annexed (if other than Declarant or such trustee)
consents in a written, Recorded instrument to such annexation.
9.2 Limitations on Other Annexations. As of the date this Declaration is Recorded,
Declarant does not anticipate that any additional - property, - -. other than portions or all of the Additional
Property, as provided & Section 911. will be annexed to the prope&, and additional property not
included within the Additional Property may be annexed to the Property only: (a) by the affirmative
vote of two-thirds (213) of the votes of each class of Members represented in person or by valid proxy

at a meeting of Members duly called for that purpose; and 0) with the express written consent of
each owner of all or any part of the property proposed to be annexed.
9.3 Recordation of Annexation Instrument. Upon approval to the extent required by
this Article 9 of any annexation of property to the Property, Declarant, in the case of annexation of
all or any part of the Additional Property pursuant to Section 9.1. or the President and Secretary of
the Association, in the case of any other annexation, shall execute, acknowledge and Record an
instrument effecting and evidencing such annexation (which instrument shall also be duly executed
and acknowledged by each owner of all or any part of the property being annexed), and such
annexation shall be deemed effective only upon such Recordation. Such instrument (or a separate
instrument Recorded by Declarant or the Association, as applicable, against any property annexed
to the Property pursuant to this Artield 9 and executed by the owner of such annexed property) may
subject the annexed property to such additional covenants, conditions and restrictions as the owner
thereof may deem appropriate or desirable (subject, however, to approval thereof by Declarant or the
Assodation, as applicable, and to such other approval rights as may be granted hereby to other parties
in cokkon with such annexation), provided, however, that any and all such additional covenants,
conditions and restrictions shall be subordinate and subject to the provisions of this Declaration.
9.4 Effect of Annexation. Upon the effective date of an annexation pursuant to this
Article 9: (a) the property so annexed shall immediately be and become a part of the Property and
subject to all of the provisions hereof; (b) any Lot or Parcel then or thereafter constituting a part of
the property annexed, and the Owner of any such Lot or Parcel, shall thereupon be subject to all of
the provisions of this Declaration, (c) any part or parts of the property annexed which is or are
designated or declared to be Common Area shall thereupon be subject to the provisions of this
Declaration; and (d) Improvements then or thereafter situated upon the annexed property shall be
subject to the provisions of this Declaration.
9.5 Obligation to Annex. Nothing herein shall constitute a representation, warranty
or covenant that Declarant, any successor or assign of Declarant, or any other Person will subject any
additional property (whether or not a part of the Additional Property) to the provisions of this
Declaration, nor shall Declarant, any successor or assign of Declarant, or any other Person be
obligated so to do, and Declarant may, by Recorded instrument executed by Declarant, waive its
rights so to do, in whole or in part, at any time or from time to time.
9.6 De-Annexation. Notwithstanding any other provision of this Declaration, Declarant
shall have the right kom time to time, at its sole option and without the consent of any other Person
(except as provided in this Section 9&, to delete from the Property and remove from the effect of
this Declaration one or more portions of the Property, provided, however, that: (a) a portion of the
Property may not be so deleted and removed unless at the time of such deletion and removal such
portion is either (i) owned by Declarant, (a Declarant Affiliate or a trustee of a trust for the benefit
of Declarant or a Declarant Affiliate), or (ii) Declarant executes and Records an instrument approving
such deletion and removal; @) a portion of the Property may not be so deleted and removed unless
at the time of such deletion and removal no Dwelling Units or Common Area recreational facilities
have been constructed thereon (unless the de-annexation is for purposes of accomplishing minor
adjustments to the boundaries of one or more Lots, any Common Area or another portion of the

Property); and (c) a portion of the Property may not be so deleted and removed if such deletion and
removal would deprive Owners and Occupants of other parts of the Property of access or other
easements or rights-of-way necessary to the continued use of their respective parts of the Property
(unless at the same time provision is made for reasonably adequate replacement easements or
rights-of-way). Declarant may exercise its.rights under this Section 9.6 in each case by executing and
causing to be Recorded an instrument which identifies the portion of the Property to be so deleted
and removed and which is executed by each Owner of such portion (if other than Declarant), and the
deletion and removal of such portion of the Property shall be effective upon the later of: (i) the date
such instrument is Recorded; or (ii) the effective date specified in such instrument, if any, whereupon,
except as otherwise expressly provided in this Section 9.6, the portion of the Property so deleted and
removed shall thereafter for all purposes be deemed not a part of the Property and not subject to this
Declaration, and the owner(s) thereof (or of interests therein) shall not be deemed to be Owners or
Members with respect to the deleted portion of the Property or have any other rights or obligations
hereunder with respect to the deleted portion of the Property except as members of the general
public, No such deletion and removal of a portion of the Property shall act to release such portion
&om $4 Assessment Lien for Assessments or other charges hereunder which have accrued prior to
the effective date of such deletion and removal, but all such Assessments or other charges shall be
appropriately prorated to the effective date of such deletion and removal, and no Assessments or
other charges shall thereafter accrue hereunder with respect to the portion of the Property so deleted
and removed. Each portion of the Property deleted and removed pursuant to this Section shall
thereafter be deemed to be a part of the Additional Property unless otherwise expressly provided to
the contrary in the instrument Recorded by Declarant to effect such deletion and removal.
ARTlCLE 10
GENERAL PROVISIONS
q ,\ L
10.1 Enforcement. The Association or any Owner shall have the right to enforce the
Project Documents.
10.2 Term: Method of Termination. Unless terminated in accordance with this Section,
this Declaration shall continue in 111 force and effect for a tern of twenty (20) years fkom the date
this Declaration is Recorded, after which time this Declaration shall be automatically extended for
successive periods of ten (10) years each. This Declaration may be terminated at any time if such
termination is approved by the affirmative vote or written consent, or any combination thereof, of
Members holding ninety percent (90%) or more of the votes in the Association. Ifthe necessary votes
and consents are obtained, the Board shall cause to be Recorded a Certificate of Termination, duly
signed bv the President or Vice President and attested bv the Secretarv or Assistant Secretarv of the
&ciation, with their signatures acknowledged. ~heieu~on this ~iclaration shall have nodfurther
force and effect, and the Association shall be dissolved pursuant to applicable law.
10.3 Amendments.
103.1 Except for amendments made pursuant to Subsection 10.3.2 or 10.3.3 of this
Declaration, this Declaration may only be amended by the written approval or the affirmative vote,

or any combmation thereof of Members holding not less than sixty-seven percent (67%) of the votes
in the Association.
103.2 Eier the Board or Declamnt may amend thjs Declaration, without obtaining
the approval or consent of any Owner, Mortgagee or other Person, in order to conform this
Declaration to the requirements or guidelines of the Federal National Mortgage Association, the
Federal Home Loan Mortgage Corporation, the Federal Housiing Administration, the Veterans
. .
Admmtration or any federal, state or local govemental agency whose approval of the Project or
the Project Documents is required by law or requested by Declarant.
103.3 So long as Declarant is entitled to cast at least sixty-seven percent (67%) of
the votes in the Association, Declarantmay amend this Declaration without the consent or approval
of any other Owner or other Person.
10.3.4 So long as Declarant or any Declarant m ate owns any Lot, Parcel or other
portio&f the property, or any portion of the Additional Property, no amendment to this Declaration
shall be effective unless approved in writing by Declarant (or unless Declarant expressly waives in
writing its right to approve such amendments).
103.5 Any amendment approved pursuant to Subsection 10.3.1of this Declaration
or by the Board pursuant to Subsection 10.3.2 of this Declaration shall be signed by the President
or Vice President of the Association and shall be Recorded. Any such amendment shall certify that
the amendment has been approved as required by this Section. Any amendment made by Declarant
pursuant to Subsections 10.3.2 or 10.3.3 of this Declaration shall be executed by Declarant and shall
be Recorded.
10.4 Interoretation. Except for judicial construction, the Association shall have the
exclusive right to construe and interpret the provisions of this Declaration. In the absence of any
adjudication to the contrary by a court of competent jurisdiction, the Association's construction or
interpretation of the provisions hereof shall be final, conclusive'and biding as to all Persons and
property benefited or bound by this Declaration.
10.5 Severability. Any determination by any court of competent jurisdiction that any
provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability
of any of the other provisions hereof.
10.6 Pemetuities. If any of the covenants, conditions, restrictions or other provisions of
this Declaration shall be unlawid, void or voidable for violation of the rule against perpetuities, then
such provisions shall continue only until twenty-one (21) years after the death of the last survivor of
the now living descendants of the person holding the office of President of the United States on the
date this Declaration is Recorded.
10.7 Change of Circumstances. Except as otherwise expressly provided in this
Declaration, no change of conditions or circumstances shall operate to extinguish, terminate or
modify any of the provisions of this Declaration.

10.8 Rules and Regulations. In addition to the right to adopt rules and regulations on the
matters expressly mentioned elsewhere in this Declaration, the Association shall have the right to
adopt, as part of the Association Rules, additional rules and regulations with respect to any other
aspects of the Association's rights, activities and duties, provided said additional rules and regulations
are not inconsistent with the provisions cf the other Project Documents.
10.9 Laws. Ordinances and Reiulations.
10.9.1 The covenants, conditiom and restrictions set forth in this Declaration and the
provisions requiring Owners and other Persons to obtain the approval of the Board or the
Architectural Committee with respect to certain actions are independent of the obligation of the
Owners and other Persons to comply with all applicable laws, ordinances and regulations, and
compliance with this Declaration shall not relieve an Owner or any other Person from the obligation
also to comply with all applicable laws, ordinances and regulations.
I) <
r
10.9.2 Any violation of any state, municipal or local law, ordinance or regulation
pertaining to the ownership, occupation or use of any property within the Property is hereby declared
to be in violation of this Declaration and subject to any or all of the enforcement proceedings set forth
herein.
10.10 References this Declaration in Deeds. Deeds to and instruments affecting any
Lot or Parcel or any other part of the Project may contain the covenants, conditions and restrictions
herein set forth by reference to this Declaration; but regardless of whether any such reference is made
in any deed or instrument, each and all of the provisions of this Declaration shall be binding upon the
grantee-Owner or other Person claiming through any instrument and his, her or its heirs, executors,
administrators, successors and assigns.
10.11 Gender and Number. Wherever the context of this Declaration so requires, any
word used in the masculine, feminine or neuter genders shall include each of the other genders, words
in the singular shall include the plural, and words in the plural shall include the singular.
10.12 Caotions & Title: Section References: Exhibits. All captions, titles or headings
of the Articles and Sections in this Declaration are for the purpose of reference and convenience only
and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be
used in determining the meaning or intent thereof. References in this Declaration to numbered
Articles, Sections or Subsections, or to lettered Exhibits, shall be deemed to be references to those
paragraphs or Exhibits so numbered or lettered in this Declaration, unless the context otherwise
requires. Any Exhibits referred to in this Declaration are hereby incorporated herein by reference and
fully made a part hereof.
10.13 Notices. If notice of any action or proposed action by the Board or any committee
or of any meeting is required by applicable law, the Project Documents or resolution of the Board to
be given to an Owner, Lessee or Resident then, unless otherwise specified in the Project Documents
or in the resolution of the Board, or unless otherwise required by law, such notice requirement shall
be deemed satisfied if notice of such action, proposed action or meeting is published once in any

newspaper in general circulation within Maricopa County. This Section shall not be construed to
require that nay notice be given if not otherwise required and shall not prohibit satisfaction of any
notice requirement in any other manner.
10.14 Indemnification. The Association shall indemnify each and every officer and director
of the Association, each and every member of the Architectural Committee, and each and every
member of any committee appointed by the Board (including, for purposes of this Section, former
officers and directors of the Association, former members of the Architectural Committee, and former
members of committees appointed by the Board) (collectively, "Association Officials" and individually
an "Association 05icial") against any and all expenses, including anorneyst fees, reasonably incurred
by or imposed upon an Association Official in connection with any action, suit, or other proceeding
(including settlement of any suit or proceeding, if approved by the Board serving at the time of such
settlement) to which he or she may be a party by reason of being or having been an Association
Official, except for his or her own individual wBkl misfeasance, malfeasance, misconduct or bad
faith. No Association Official shall have any personal liability with respect to any contract or other
comdhent made by them or action taken by them, in good faith, on behalf of the Association
(except indirectly to the extent that such Association Official may also be a Member of the
Association and therefore subject to Assessments hereunder to fund a liability of the Association),
and the Association shall indemnify and forever hold each such Association Official 6ee and harmless
6om and against any and all liabiity to others on account of any such contract, commitment or action.
Any right to indemnification provided for herein shall not be exclusive of any other rights to which
any Association 05cial may be entitled. Ifthe Board deems it appropriate, in its sole discretion, the
Association may advance funds to or for the benefit of any Association Official who may be entitled
to indemnification hereunder to enable such Person to meet on-going costs and expenses of defending
himself or herselfin any action or proceeding brought against such Association Official by reason of
his or her being, or having been, an Association Official. In the event it is ultimately determined that
an Associate Official to whom, or for whose benefit, funds were advanced pursuant to the preceding
sentence does not qualify for indemnification pursuant to this Section 10.14or otherwise under the
Articles, Bylaws or applicable law, such Association Official shall promptly upon demand repay to
the Association the total of such funds advanced by the Association to him or her, or for his or her
benefit, with interest (should the Board so elect) at a rate not to exceed ten percent (10%) per annum
6om the date(s) advanced until paid.
10.15 5 Partition. No Person acquiring any interest in the Property or any part thereof
shall have a right to, nor shall any Person seek, any judicial partition of the Common Area, nor shall
any Owner sell, convey, transfer, assign, hypothecate or otherwise alienate all or any of such Owner's
interest in the Common Area or any funds or other assets of the Association except in connection
with the sale, conveyance or hypothecation of such Owner's Lot or Parcel (and only appurtenant
thereto), or except as otherwise expressly permitted herein. This Section shall not be construed to
prohibit the Board from acquiring or disposiig of tangible personal property nor from acquiring or
disposiig of title to real property (other than disposition of title to the Common Area, which shall be
subject to Section 4.1) which may or may not be subject to this Declaration.
10.16 Proaertv Held in Trust Except as otherwise expressly provided in this Declaration,
any and all portions of the Property (and of the Additional Property) which are now or hereafter held

in a subdivision or similar trust or trusts (or siiar means of holding title to property), the beneficiary
of which trust(s) is Declarant or a Declarant Affiliate, shall be deemed for all purposes under this
Declaration to be owned by Declarant or such Declarant m ate, as applicable, and shall be treated
for all purposes under this Declaration in the same manner as if such property were owned in fee by
Declarant or such Declarant Mate, as applicable. No conveyance, assignment or other transfer of
any right, title or interest in or to any of such property by Declarant or Declarant Affiliate to any such
trust (or the trustee thereof) or to Declarant or any such Declarant m ate by any such trust (or the
trustee thereof) shall be deemed for purposes of this Declaration to be a sale of such property or any
right, title or interest therein.
10.17 Number of Davs. In computing the number of days for purposes of any provision
of this Declaration or the Articles or Bylaws, all days shall be counted including Saturdays, Sundays
and holidays; provided however, that ifthe hal day of any time period falls on a Saturday, Sunday
or legal holiday, then the final day shall be deemed to be the next day which is not a Saturday, Sunday
or leg4 holiday.
**
10.18 Notice of Violation. The Association shall have the right to Record a written notice
of a violation by any Owner or Occupant of any restriction or provision of this Declaration, the
Articles, theBylaws, the Association Rules or the Architectural Committee Rules. The notice shall
be executed and acknowledged by an officer of the Association and shall contain substantially the
following information: (a) the name of the Owner or Occupant; (b) the legal description of the Lot
against which the notice is being Recorded, (c) a brief description of the nature of the violation; (d) a
statement that the notice is being Recorded by the Association pursuant to this Declaration; and (e) a
statement of the specific steps which must be taken by the Lot Owner or Occupant to cure the
violation. Recordation of a notice of violation shall serve as a notice to the Owner and Occupant,
and to any subsequent purchaser of the Lot, that there is such a violation. If, after the Recordation
of such notice, it is determined by the Association that the violation referred to in the notice does not
exist or that the violation referred to in the notice has been cured, the Association shall Record a
notice of compliance which shall state the legal description of the Lot against which the notice of
violation was recorded, the Recording data of the notice of violation, and shall state that the violation
referred to in the notice of violation has been cured or, if such be the case, that it did not exist.
Notwithstandig the foregoing, failure by the Association to Record a notice of violation shall not
constitute a waiver of any existing violation or evidence that no violation exists.
10.19 Disclaimer Revresentation. Notwithstanding anything to the contrary herein,
Declarant makes no warranties or representations whatsoever that the plans presently envisioned for
the complete development of the property can or will be canied out, or that any re& property now
owned or hereafter acquired by Declarant is or will be subjected to this Declaration, or that any such
real property (whether or not it has been subjected to this Declaration) is or will be committed to or
developed for a particular (or any) use, or that if such real property is once used for a particular use,
such use will continue in effect. While Declarant has no reason to believe that any of the restrictive
covenants contained in this Declaration are or may be invalid or unenforceable for any reason or to
any extent, Declarant makes no warranty or representation as to the present or hture validity or
enforceab'ity of any such restrictive covenant. Any Owner acquiring a Lot or Parcel in reliance on

one or more of such restrictive covenants shall assume all risks of the validity and enforceability
thereof and by accepting a deed to the Lot or Parcel agrees to hold Declarant harmless thereeom.
10.20 Amendments Affecting Declarant Riphts. Notwithstanding any other provision of
this Declaration to the contrarv. no ~ro~ision of this Declaration (including but not limited to. this
Section) which grants to or cbnfers upon Declarant any rights, privileges, easements, benefits or
exemptions (except for rights, privileges, easements, benefits, or exemptions granted to or conferred
upon Owners generally) shall be modified, amended or revoked in any way, so long as Declarant or
atrustee for the benefit of Declarant owns any portion of the Property, without the express written
consent of Declarant.
,
ARTICLE 11
FHANA PROVISIONS '
,*: -11.1 Aoorovals During Period of Declarant Control. Notwithstanding any other
provision of this Declaration or of any of the other Project Documents to the contrary, during the
period: (a) commencing with the earlier of (i) the date FHA or VA fist approves any subdivision
in the Property for single family residential loan insurance or guarantee programs offered by FHA or
VA; or (u) the date FHA or VA first insures or guarantees a loan on any Lot within the Project; and
(b) ending with the termination of the Period of Declarant Control:
11.1.1 property which is not included within the Additional Property shall not be
annexed to the Property without the prior approval of either FHA or VA (except to the extent such
annexation involves only minor adjustments to boundaries of the Property);
11.1.2 neither the Common Area nor any part thereof shall be dedicated without the
prior approval of either FHA or VA (except for (a) minor adjustments to the boundaries of any
Common Area or any other portion of the Property; (b) dedications or grants of easements to the
public, to any municipal or other governmental agency or entity, or to any public, quasi-public or
privateutility company as permitted by Section 4.1.l(a); (c) grants of easements pursuant to Section
- 4.2; and (d) grants of easements with respect to, or dedications of, Common Area situated within the
boundaries of a Non-Residential Parcel, if granted, made or approved by the Board).
11.1.3 no amendment to this Declaration or to the Articles or Bylaws shall be
effective without the prior approval of either FHA or VA (except to make clerical or technical
corrections); and
11.1.4 the Association shall not be dissolved, ormerged or consolidated with any
other entity, without the prior approval of FHA or VA.
11.2 Obtaining Aoorovals. As to any action required by this Article 11 to be approved
by FHA or VA before becoming effective or before being taken, such action shall be submitted to
FHA or VA for approval, and if the agency whose approval is requested fails to disapprove the same,
by written notice to the Association, Declarant or other Person requesting such approval, within thirty

(30) days after delivery to such agency of the request for approval, the action in question shall be
deemed approved by such agency.
11.3 Definitions. For purposes of this Article 11, the term "FHA" means the Federal
Housing Administration (or its successcr federal agency), and the term "VA" means the Veterans
Administration (or its successor federal agency).
ARTICLE 12
NON-RESIDENTIAL PARCELS
12.1 Annexation of Non-Raidential-. Declarant shall have the right, at its option,
exercisable kom time to time at any time prior to December 3 1,2025, to annex to the Property one
or more portions of the Additional Property pursuant to Section 2.3 but, in the written instrument
annexing the same to the Property, or in a separate Tract Declaration Recorded at the time of such
annex%ion or thereafter, to designate the property so annexed as a Non-Residential Parcel. Any
Non-Residential Parcel so annexed to the Property shall be deemed to be hlly a part of the Property,
and such Non-Residential Parcel and each Owner and Occupant thereof shall be deemed to be fully
subject to this Declaration and all of the Project Documents, except as provided in this Article 12 and
except as provided in a Tract Declaration Recorded with respect to such Non-Residential Parcel in
accordance with this Article 12. Declarant shall have no obligation to annex to the Property any
portions of the Additional Property (including, without limitation, any portions thereof which are
used, or in the b r e may be used, for non-residential purposes), and Declarant has made no
representation or warranty that it will do so. Portions of the Additional Property may be developed
and used for any purposes permitted by applicable law and applicable zoning (including, but not
limited to, non-residential purposes) without being annexed to the Property or otherwise subjected
to this Declaration or other Project Documents. Without limiting the generality of the provisions of
this Section 12.1, it is Declarant's intent, in reserving to itself the rights, options and privileges in this
--
Article 12 to permit itselfthe latitude and flexibility to include within the Property parcels devoted
to non-residential uses and purposes where, in Declarant's judgement, doing so would promote the
consistent development and maintenance of property in and about the Project, including without
limitation Common Areas, dramage channels and facilities, and other open space and greenbelt areas,
while at the same time limiting, to the extent appropriate in Declarant's judgment, the effect on such
Parcels of provisions of this Declaration and of the other Project Documents more suited for
application to residential properties.
12.2 Aaalication of Proiect Documents. Declarant may, in the Tract Declaration
Recorded with respect to a Non-Residential Parcel, fully exempt that Non-Residential Parcel kom
such provisions of this Declaration and the other Project Documents as Declarant sees fit, or modii
the effect on that Non-Residential Parcel of one or more provisions of this Declaration and the other
Project Documents in such manner and to such extent as Declarant sees fit. Further, and without
limiting the generality of the foregoing, except as and to the extent otherwise expressly provided in
the Tract Declaration Recorded with respect to a Non-Residential Parcel, the provisions of Sections
3.2 through 336, inclusive, and Articles 5.6 and 7 of this Declaration shall not apply to that Non-
Residential Parcel. Declarant may, at its option, provide in the Tract Declaration Recorded with

espect to a Non-Residential Parcel for alternative, substitute or modified use restrictions,
architectural controls and other provisions relating to the use and development of that Non-
Residential Parcel. Declarant may also, in the Tract Declaration Recorded with respect to a Non-
Residential Parcel, establish the types and amounts, if any, of Assessments to which such Parcel and
its Owner(s) will be subject (or the formula by which such Assessments will be determined, and any
formula &th respect to, o; limits on, increases in such Assessments), and may also, in that ~ra;
Declaration, establish the number of Memberships and votes (if any) to which the Owner($ of that
Parcel will be entitled (and any limitations or restrictions on the right of such Owner@) to cast such
votes). In addition, Declarant may, in the Tract Declaration Recorded with respect to a Non-
Residential Parcel, impose additional or alternative restrictions or limitations on the rights of the
Owner(s) or Occupant(s) of that Non-Residential Parcel (and their respective guests, invitees,
employees and customers) to use and enjoy the Common Area or any portion(s) thereof.
IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day and
year first set forth above.
.. ,
STATE OF ARIZONA 1
) ss.
County of Maricopa 1,
The foregoing instmment was executed and acknowledged before me this-.. day of
November, 1998, by Dennis Bacopuios, the Vice President - General Manager of Del Webb's
Coventry Homes, Inc., an Arizona corporation, for and on behalf thereof.

EXHIBIT A
LOTS 1 THROUGH 184 INCLUSIVE AND TRACTS A THROUGH K, OF STETSON HlUS
PARCELS 6 & 10B, ACCORDING-TO THE PLAT OF RECORD IN THE MARICOPA
COUNTY RECORDERS OFFICE RECORDED IN BOOK 485 OF MAPS, PAGE 45; AND
LOTS 1 THROUGH 148 INCLUSIVE AND, TRACTS A THROUGH F INCLUSIVE, OF
STETSON HILLS PARCELS 10A & 11, ACCORDING TO THE PLAT OF RECORD IN THE
MARICOPA COUNTY RECORDERS OFFICE RECORDED IN BOOK 485 OF MAPS, PAGE
46.
I

TRACTS 5 THRU 8, TRACTS 10 THRU 13 OF STATE PLAT NO. 20, STETSON HILLS AS
RECORDED IN BOOK 335, PAGE-5, OF RECORDS OF MARICOPA COUNTY AND ,
LOCATED DJ SECTIONS 3 & 4, TOWNSHIP 4 NORTH, RANGE 2 EAST, GILA AND SALT
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA.
TOGETHER WITH A PORTION OF TRACT 4 OF STATE PLAT NO. 20, STETSON HILLS, AS
RECORDED IN BOOK 335, PAGE 5, LOCATED IN SECTION 3, TOWNSHIP 4 NORTH,
RANGE 2 EAST, GILA AND SALT RIVER MERIDIAN, MORE PARTICULARLY DESCRIBED
AS FOLLOWS: ,-
39TH DRIVE RIGHT-OF-WAY PER SAID STATE PLAT AS SHOWN ACROSS TRACT 4,
THE %!!ST 781.26 FT OF "F" DRIVE RIGHT-OF-WAY PER SAID STATE PLAT AS SHOWN
ACROSS TRACT 4, TERMINATING AT THE SOUTHERLY EXTENSION OF THE EAST
LINE OF TRACT 5 OF, SAID STATE PLAT.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN STETSON HILLS PARCELS
6 & 10B, ACCORDING TO THE PLAT OF RECORD IN THE MARICOPA COUNTY
RECORDERS OFFICE RECORDED IN BOOK 485 OF MAPS, PAGE 45; AND THAT PORTION
LYING WITHIN STETSON HILLS PARCELS 10A & 11, ACCORDING TO THE PLAT OF
RECORD IN THE MARICOPA COUNTY RECORDERS OFFICE RECORDED IN BOOK 485
OF MAPS, PAGE 46.

UNANIMOUS WlU'ITEN CONSENT IN LIEU OF A MEETING
OF THE STETSON HILLS COMMUNITY ASSOCIATION. mc.
BOARD OF DIRECTORS
The undersigned, being all of the duly appointed directors of the Stetson Hills Community
Association, Inc. ("Association"), hereby unanimously consent to and adopt the following resolution as
the action of the Board of Directors of ihe Association in lieu of meeting of the directors and hereby
direct that this written consent to such action be filed with the minutes of the proceedings of the Board
of Directors of the Association:
RESOLVED, that we hereby accept the resignation of Scott J. Peterson as President and Director of
the Association.
2.
7 *
Y
RESOLVED, that we hereby accept the resignation of Catherine French as Vice President and Director
of the Association.
RESOLVED, that we hereby appoint Dennis R Bacopulos as President and Director of the Association.
RESOLVED, that we hereby appoint Linda Lochan as Vice President and Director of the Association.
s hereto, do hereby consent to, authorize, and
as all of the directors of the Association, effective
Linda Lockman

Sent by:
TklKSkATlON '[[RE INS. COG
wl3m RECORDED, REmTRN TO:
BryanCavu LLP .
Two N, CaaaI Ave., 2hrl Floor
Phoenix, Arizona 85004-4406
OFFICIAL RECORDS OF
MARTCOPA COUNTY RECORDER
HELEN PURCELL
DECLAIUTION OF ANNJ3XATION TO
DECLARATION OF COVENANTS, COND7TlONS AND aeSTRlCTIONS
FOR
STETSON IIILLS
This Dcclrmion of AruicxatIcm to Declar~tion of Covcnanls, Condldons and Ramcborn
for Sterron Hib (this'TWlamion of hmcxuiion"\ is made sl d the 701 dav - o€Rbruaw. 2000
by Pulce Home corporation, a Mtchigan corparati& (the 'Pccltuant").
A. A Dcclarattoa of Covehank, Conditions md Acenictiom for Stetson Hih was
recorded on r)eambu 2, 1998, in Docummt No. 98-1092l39, in &e Offidal Rcmrds of
M&copa County, Arizona, by Del Webb's Cowtry Homes, Jnc., an Mzona oarpoxIUiop
("Coyah& '3 m cdlish a general plm of dcvtlopmurc for thc plmed community brown as
Stauon (the ''Original Ddmafion"). Covor&y d d tho Original Declaration by that
cat& I)ccltrdm of A-tion to baclnatian of Covenants, Conditions md Rasuictiw for
Stetson HJlb aadlbzl Ddadon recorded on May U1 1999, in -nt No. 99-0462703. in
the Official Records of Mariapa Courdy, Adzano (the '?rinrt Amdmmt"), and them asai&ncd
all of its ?ighD as D%kant under h O&hd Ikclnstion, as amcnded, m Dadamit by that
catat, Assipomat of Declaraats Rights iuded on Novemba 8. 1999. in 1)ocument No.
99-1026274 m the Official Re& of Maricop Caunty, AMona (the ''Asoipnmc411~~ Dcclaranr
hen naurded rha Odginnl Deckration, as ammdcd by the Firat Amcndmmc md he
ADoignmrmr, by hat Wmmt co Declaration d Covamts, Conclitiau and
Raptrictims for Stetson IWls recorded on DcccrnbH 28.1999. in Docmt No. 99-1153029 in
the Wficial Rccmds af Maricopa County. Arizona (the "Second Ammdmmt"). Tbe Oeginal
Ddaration. 8s amended by the First Amcndmant, tho Assignment and rhc Secnnd Amendment,
is hereinafter =fared to as the ''Declaration."
3. CapiraIizad tams used h thie Dcclnrstion of Annexation withom Jdinition shall
havathe mmhgs Jven co such terms in theDcclardon.
C. Punumt to Se~aon 9.1 of the Declwsrlan. Dcclarant has r w e d the righr.
prL*ogs and option to add and anncx to the empty any psr.(s) or all of the Addidonal kqiirly
without the vote of tho Mabm and widrout notice w or approvrd of my otha Pason.
D. A pdon of The Additional Ploputy ddbcd on to ttre Dcdaration
has been subdlvidei under the nunu of Stetcon Wlls Pa~eli BB & 8C. Stetson Hills -1 12
md Stcfson a1h Panel 13 (the "SUbdivisi~"). The Dcehant dcairw to atme% and wbj~t

Sent by:
NOW, TI3EREFO~. the Decht hereby decb as follows:
1. hauanr and su4)cct to Un pvlafnn8 of Section 9.1 of the Declaration. the
following described Additions! Prcpsrty i6 hemby annexed and 6ubjktc.d to the Declardon:
(a) Lou 202 through 384, hclusiw, md Ttsds A, 8, C, G. H aud I of Srctson
Hills Parcels 8B & 8C, according to ihc plar ma&d in Book 503 of Maps, page 8. and
AffidaVk Tecmdrd June 24, 1999, in bacumrjlt No. 99-599953. and Afadwil d Corrrclion
rcwrdtd October 18, 1999 in Domsrrt No. 99954784. Official Recwds of hkuioopa County,
Arizoaa,
@) LOB 1 through 106, inclusive, and Tracts B, C. D. 4 P, C3 and H of
Sretron Hill6 12, according lo the pf6t recordad m Book 513 of MBpa page 1. Official
Records of Macicopa County, Arizona: and
Lots LO7 through 18B, iaclusivs, and Tncb A. B and D of Stetson Hitb
(c)
Pawcl 13, ac~rding ro the plat ncoaded in Book 516 of Maps, page 25. OfBcial Rumda d
Muicopa County, ArIzrmo
. ~.
-<
Y;
.,"
*.r
2 'fhc following shall be Common Area:
(a) Tracts A, B. C, G. H mdI of Su;oon Hills Pamels 8B Br BC. accordiq to
rl~b pldt mr&d in Book 503 of Mip, 8, and AfYidarit rrsorded June 24. 1999. in
Document No. 49-599953, and Affidavit of Correction rearded October 18, 1999 in Dooument
No. 99-954789, Official Exw& of Maticopa County. hrimne;
(b) Trans 8, C, D, E, P. G and H of Swon Hill8 P d 12, nccazdtng to the
plat recorded in Book 513 nfbfaps. page I, Oaeial Records of Wcopa County. Arizona; and
(c) Tracts A, B and D of Srerson Hills Parcel 13, rrccording to hc plat
ncordcd in Bmk 516 of Map, p y 2S, Official Records of Wcopa Cowry, Aizma. ,
ly mended by chis Dularatiorr of Annexation, the Dcahrntion
PULm HOME CORPORATION, a Michigan
corpnratim

Sent by:
srAmoFARIzONA )
) rs.
County of Maricopa 1
-rfV
this - day of
., rhe
Home CkuponCio4 a Michigan

WHEN RECORDED, RETURN TO:
Steven L. Lisker
Bryan Cave LLP
Two N. Central Ave., 22nd Floor
Phoenix, Arizona 85004-4406
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
99-1153029 12/28/99 10:26
AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
STETSON HILLS
This Amendment to Declaration of Covenants, Conditions and Restrictions for Stetson
Hills (this "Amendment") is made as of the 15th day of December, 1999 by Pulte Home
Corporation, a Michigan corporation (the "Declarant").
--------
RECITALS
A. A Declaration of Covenants, Conditions and Restrictions for Stetson Hills was
recorded on December 2, 1998, in Document No. 98-1092139, in the Official Records of
Maricopa County, Arizona, by Del Webb's Coventry Homes, Inc., an Arizona corporation
("Coventry") to establish a general plan of development for the planned community known as
Stetson Hills (the "Original Declaration"). Coventry amended the Original Declaration by that
certain Declaration of Annexation to Declaration of Covenants, Conditions and Restrictions for
Stetson Hills and Tract Declaration recorded on May 20, 1999, in Document No. 99-0482703, in
the Official Records of Maricopa County, Arizona (the "First Amendment"), and then assigned
all of its rights as Declarant under the Original Declaration, as amended, to Declarant by that
certain Assignment of Declarants Rights recorded on November 8, 1999, in Document No.
99-1026274 in the Official Records of Maricopa County, Arizona (the "Assignment"). The
Original Declaration, as amended by the First Amendment and the Assignment, is hereinafter
referred to as the "Declaration."
B. Capitalized terms used in this Amendment without definition shall have the
meanings given to such terms in the Declaration.
C. Pursuant to Subsection 10.3.3 of the Declaration, the Declaration may be amended
at any time by the Declarant without the consent or approval of any other Owner or other Person
so long as the Declarant is entitled to cast at least sixty-seven percent (67%) of the votes in the
Association.
D. As of this date Declarant is entitled to cast more than sixty-seven percent (67%) of
the votes in the Association and desires to amend the Declaration.
NOW, THEREFORE, the Declaration is amended as follows:
235789 [12/15199 11:06 AM]
112987

1. Subsection 3.2.3 is hereby deleted in its entirety and the following substituted ,%,,*,,
1, (1(1
therefor:
,",.1
l'< '%,
?.lEk
"3.2.3 No Improvement which is Visible From Neighboring Property shall be
constructed or installed within the Project without the prior written approval of
the Architectural Committee."
2. Subsection 3.2.4 is hereby deleted in its entirety and the following substituted
therefor:
"3.2.4 No addition, alteration, repair, change or other work which in any way
alters the exterior appearance (including, but without limitation, the exterior color
scheme) of any property within the Project which is Visible From Neighboring
Property, or any Improvements located thereon which are Visible From
Neighboring Property, shall be made or done without the prior written approval of
the Architectural Committee, nor shall any Lot be split, divided or further
subdivided in any manner without the prior written approval of the Architectural
Committee."
3. The first sentence of Subsection 3.2.5 is hereby deleted in its entirety and the
following substituted therefor:
"Any Owner or other Person desiring approval of the Architectural Committee for
the construction, installation, addition, alteration, repair, change or replacement of
any Improvement which would alter the exterior appearance of his, her or its Lot,
Parcel or other portion of the Project which is Visible From Neighboring Property,
or any Improvements located thereon which are Visible From Neighboring
Property, shall submit to the Architectural Committee a written request for
approval specifying in detail the nature and extent of the construction, installation,
addition, alteration, repair, change, replacement or other work which such Owner
of other Person desires to perform."
4. The second sentence of Section 3.4 is hereby deleted in its entirety.
5. Subsection 3.24.3 is hereby deleted in its entirety and the following substituted
therefor:
"3.24.3Motor vehicles of Residents or guests of a Resident parked within the
Project shall be parked in the garage or on the concrete driveway of such
Resident's Lot at all times when sufficient parking area exists in such garage or on
such concrete driveway; street parking for Residents or guests of Residents shall
be limited to periods not exceeding 24 consecutive hours at one time."
6. The last sentence of Section 3.29 is hereby deleted in its entirety.
7. The last sentence of Section 3.32 is hereby deleted in its entirety and the following
substituted therefor:
235789 [12/15/99 11:M AM]
112987
"Notwithstanding the above, and notwithstanding the provisions of Section 3.2 of
.,. ,
ll'ill:
?h,..l
I.,!'!, .,,.
I*II,,.L
$I;iq

..,.,,.*
this Declaration, (i) swing sets without play platforms which do not exceed a height 1:,;1,1
of eight (8) feet from ground level and are placed a minimum of ten (10) feet from
;)&;a
all neighboring boundaries may be placed on a Lot without prior written approval of P? )l"
,, ,"h
the Architectural Committee, and (ii) portable basketball goals may be placed on a
Lot without prior written approval of the Architectural Committee, provided,
however, that such portable goals are promptly stored so as not to be Visible From
Neighboring Property when not in use."
8. Subsection 6.8.1 is hereby deleted in its entirety and the following substituted
therefor:
"6.8.1 Any Assessment or any installment of an Assessment not paid within
fifteen (15) days after the Assessment or the installment of the Assessment first
became due (or such longer period of time as required by applicable law) shall be
deemed delinquent and shall bear interest from the date on which such
Assessment or installment of the Assessment became due at the rate of twelve
percent (12%) per annum or the prevailing FHANA interest rate for new home
loans, whichever is higher. In addition, the Board may establish a late fee, not to
exceed the greater of fifteen dollars ($15.00) or ten percent (10%) of the amount
of the unpaid Assessment or installment thereof (but in no event an amount
greater than permitted under applicable law), to be charged to any Owner who has
not paid any Assessment, or any installment of an Assessment, within fifteen (15)
days after such payment was due. Notwithstanding the foregoing, to the extent
applicable law from time to time provides for any shorter period of time after
which Assessments or any other amounts payable hereunder may or shall become
delinquent, such shorter period of time may be established by the Board to apply
in lieu of the time period set forth in this Section, and to the extent applicable law
from time to time provides for any greater amount of late fee or other amount to
be charged to any Owner deemed delinquent in the payment of any Assessment, or
any installment of an Assessment, such greater amount may be established by the
Board to apply in lieu of the late fee set forth in this Section.
9. The following Section is hereby added to the Declaration:
"6.13 Workine Capital Fund. To ensure that the Association shall have
adequate funds to meet its expenses or to purchase necessary equipment or
services, each Purchaser who has executed a purchase agreement dated as of
January 1, 2000 and thereafter with the Declarant or a Developer shall pay to the
Association immediately upon becoming the Owner of the Lot a sum equal to
one-sixth (116th) of the then current Annual Assessment attributable to the Lot.
Funds paid to the Association pursuant to this Section may be used by the
Association for payment of operating expenses or any other purpose permitted
under the Project Documents. Pavments made Dursuant to this Section shall be
nonrefundable and shall not bedconsidered a's an advance payment of any
Assessments levied by the Association pursuant to this Declaration."
10. Except as expressly amended by this Amendment, the Declaration shall remain in
full force and effect.
l.l..*,
'LI;;;:~
':I?":#
';I;:::#
.ltl,.,.
235789 [12115/99 11:M AM]
1 12987

DECLARANT:
PULTE HOME CORPORATION, a-Michigan
corporation
$$
1.,1;,:1
By:
STATE OF ARIZONA )
) ss.
County of Maricopa 1
i n s M w m & ddaY
of
, 1999, by , the
I
who.
of ~uld ~ o mCorporation, i a Michigan
corporation, on behalf of the corporation. . n
My Cornm' sion Expires:
tjli.12,Ri SF.4L
. I r@
pGbkizl
LINDA S. MOORE
Noizry
MAR!COPA COUNlY
" Hv K?mln. ExniasSent. 14. 2001
235789 [12/22/99 249 PMI
112987

11/08/99 MON 15:13 FAX 602 256 4907 FATCO TITLE #600 +++ SCOTTSDALE @002
. -
WHEN RECORDED RETURN TO:
Steven L. Lisker, Esq.
Bryan Cave LLP
2 N. Central Avenue, 22d Floor
Phoenix, Arizona 85004
OFFICIAL RECORDS OF
NARICOPA COUNTY RECORDER
HELEN PURCELL
SPECIAL WARRANTY DEED
For the consideration of Ten and 001100 Dollars, and other valuable consideration,
DEL WEBB'S COVENTRY HOMES, INC., an Arizona corporation ("Grantor"), does hereby
convey to PULTE HOME CORPORATION, a Michigan corporation ("Grantee"), the following
described property situated in Maricopa County, Arizona (the "Property"):
See
attached hereto and made a part hereof
together with all improvements, buildings, structures and fixtures located thereon; all easements,
if any, benefiting the Property; any rights, benefits, privileges and appurtenances pertaining tv the
Property, including any water, water rights, oil, gas or other mineral interesls in. on, under or
above the Property; and any rights and interests to receive any condemnation awards fro111 any
condemnation proceeding pertaining to the Property, sewer rights, water courses, wells, ditches
and flumes located on or appurtenant to tlie Property (collectively, the "Appurtenant Rights").
SUBJECT rn current taxes and other assessments, reservations in patenis and all
easements, rights-of-way, encumbrances, liens, covenants, conditions, restrictions, obligations and
liabilities as may appear of record, and all matters which an accurate survey of the property or a
physical inspection of the property would disclose; and
Grantor hereby binds itself and its successors to warrant and defend the title, as
against all acts of Grantor herein and no other, subject to the matters above set forth, except with
respect to the Appurtenant Rights, if any, which are hereby quit-claimed to Grantee, without
warranly.

1,1/08/99 MON 15:13 FAX 602 256 4907
FATCO TITLE #BOO
+++ SCOTTSDALE
i
Lh
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed this
day of November. 1999.
HOMES, INC., an
"Grantor"
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknqwldged sore me this day of
1 ~ 1 1
November, 1999, by peflnia E. mrwdi~ 5, the?-, ,ull WL.,A~N of Del Webb's Coventry
- Homes, Inc., an Arizona corporation, bn behalf of the corporation?
Prrdd *
-(,-A. LC/L,= -
NO& Public
u

11/08/99 MOK 15:13 FAX 602 256 4907 FATCO TITLE #600
E-LT
"A"
PARCEL NO. 1: (Paroe1 8A)
Lots 80 through 146 inclusive. 158 through 178, inclusive and 191 through 201 inclusive and
Tracts A through M inclusive, of "STETSON HILLS PARCELS 7 & 8A", according to the plat
of record in the ofice of the County Recorder of Marimpa County, Ari7hm, recorded in
Book 491 of Maps, Page 16.
EXCEPTING all oil, gas, metals and mineral rights and right to other materials as provided by
ARS 37-231, together with all geothermal resources as provided by ARS 37-231 as resewed in
Patent from State of Arizona recorded May 20, 1999 in 99-482704. of Official Records.
PARCEL NO. 2: (mEce1 8B)
Lots 202 through 252 inclusive and Lots 266 through 308 inclusive and Tracts A, B, C. G
through I inclusive, of "STEZSON HILLS PARCELS 8B & 8Cn, according to the plat of record
in the office of the County Recorder of Maricopa County. Arizona, recorded in Book 503 of
Maps, Page 8; Affidavit recorded June 24,1999 in 99-599953, of Official Records and Affidavit
of Correction recorded October 18, 1999 in 99-954784. of Official Records.
Excepting all oil, gas, metals and mineral rights and right to other materials, as provided by
ARS 37-231, together with all Geothermal Resources as provided by ARS 37-231 as reserved
in Patent from the State of Arizona, recorded November 3, 1999 in 99-1013325, of Official
Records.
PARCEL NO. 3: 12)
Lots 1 through 106 inclusive and Tracts B through H inclusive, of "STETSON HILLS PARCEL
12". according to the plat of record in the ofice of the County Recorder of Maricopa County.
Arizona, recorded in Book 513 of Maps, Page 1.
Excepting all oil, gas, metals and mineral rights and right to other materials, as provided by
ARS 37-231, together with all Geothermal Resources as provided by ARS 37-231 as reserved
in Patent from the State of Arizona. recorded November 3, 1999 in 99-1013325, of Official
Records.

Bryan Cave LLP
Two N. Central Ave., 22nd Hoor
Phoenix, Arizona 85004-4406
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
99-1153029 12/28/99 10~26
ICllllrLI l 6, I
AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
STETSON HILLS
This Amendment to Declaration of Covenants, Conditions and Restrictions for Stetson
Hills (this "Amendment") is made as of the 15th day of December, 1999 by Pulte Home
Corporation, a Michigan corporation (the "Declarant").
A. A Declaration of Covenants, Conditions and Restrictions for Stetson Hills was
recorded on December 2, 1998, in Document No. 98-1092139, in the Official Records of
Maricopa County, Arizona, by Del Webb's Coventry Homes, Inc., an Arizona corporation
("Coventry") to establish a general plan of development for the planned community known as
Stetson Hills (the "Original Declaration"). Coventry amended the Original Declaration by that
certain Declaration of Annexation to Declaration of Covenants, Conditions and Restrictions for
Stetson Hills and Tract Declaration recorded on May 20, 1999, in Document No. 99-0482703, in
the Official Records of Maricopa County, Arizona (the "First Amendment"), and then assigned
all of its rights as Declarant under the Original Declaration, as amended, to Declarant by that
certain Assignment of Declarants Rights recorded on November 8, 1999, in Document No.
99-1026274 in the Official Records of Maricopa County, Arizona (the "Assignment"). The
Original Declaration, as amended by the First Amendment and the Assignment, is hereinafter
referred to as the "Declaration."
B. Capitalized terms used in this Amendment without definition shall have the
meanings given to such terms in the Declaration.
C. Pursuant to Subsection 10.3.3 of the Declaration, the Declaration may be amended
at any time by the Declarant without the consent or approval of any other Owner or other Person
so long as the Declarant is entitled to cast at least sixty-seven percent (67%) of the votes in the
Association.
D. As of this date Declarant is entitled to cast more than sixty-seven percent (67%) of
the votes in the Association and desires to amend the Declaration.
NOW, THEREFORE, the Declaration is amended as follows:

I. Subsection 3.2.3 is hereby deleted in its entirety and the following substituted
'-4
therefor: I5 \
"3.23 No Improvement which is Visible From Neighboring Property shall be
constructed or installed within the Project without the prior written approval of
the Architectural Committee."
2. Subsection 3.2.4 is hereby deleted in its entirety and the following substituted
therefor:
"3.2.4 No addition, alteration, repair, change or other work which in any way
alters the exterior appearance (including, but without limitation, the exterior color
scheme) of any property within the Project which is Visible From Neighboring
Property, or any Improvements located thereon which are Visible From
Neighboring Property, shall be made or done without the prior written approval of
the Architectural Committee, nor shall any Lot be split, divided or further
subdivided in any manner without the prior written approval of the Architectural
Committee."
3. The first sentence of Subsection 3.2.5 is hereby deleted in its entirety and the
following substituted therefor:
"Any Owner or other Person desiring approval of the Architectural Committee for
the construction, installation, addition, alteration, repair, change or replacement of
any Improvement which would alter the exterior appearance of his, her or its Lot,
Parcel or other portion of the Project which is Visible From Neighboring Property,
or any Improvements located thereon which are Visible From Neighboring
Property, shall submit to the Architectural Committee a written request for
approval specifying in detail the nature and extent of the construction, installation,
addition, alteration, repair, change, replacement or other work which such Owner
of other Person desires to perform."
4. Thc second sentence of Section 3.4 is hereby deleted in its entirety.
5. Subsection 3.24.3 is hereby deleted in its entirety and the following substituted
therefor:
"3.24.3Motor vehicles of Residents or guests of a Resident parked within the
Project shall be parked in the garage or on the concrete driveway of such
Resident's Lot at all times when sufficient parking area exists in such garage or on
such concrete driveway; street parking for Residents or guests of Residents shall
be limited to periods not exceeding 24 consecutive hours at one time."
6. The last sentence of Section 3.29 is hereby deleted in its entirety.
7. The last sentence of Section 3.32 is hereby deleted in its entirety and the following
substituted therefor:
233789 (lUl5199 I I:W AM]
1 12987
"Notwithstanding the above, and notwithstanding the provisions of Section 3.2 of
. ..~
.-*
UQ
t'i
123

..".A
this Declaration, (i) swing sets without play platforms which do not exceed a height
.".*
197
of eight (8) feet from ground level and are placed a minimum of ten (10) feet from 122
all neighboring boundaries may be placed on a Lot without prior written approval of I-+ :>
Is5
the Architectural Committee, and (ii) portable basketball goals may be placed on a
Lot without prior written approval of the Architectural Committee, provided,
however, that such portable goals are promptly stored so as not to be Visible From
Neighboring Property when not in use."
8. Subsection 6.8.1 is hereby deleted in its entirety and the following substituted
therefor:
"6.8.1 Any Assessment or any installment of an Assessment not paid within
fifteen (15) days after the Assessment or the installment of the Assessment first
became due (or such longer period of time as required by applicable law) shall be
deemed delinquent and shall bear interest from the date on which such
Assessment or installment of the Assessment became due at the rate of twelve
percent (12%) per annum or the prevailing FHANA interest rate for new home
loans, whichever is higher. In addition, the Board may establish a late fee, not to
exceed the greater of fifteen dollars ($15.00) or ten percent (10%) of the amount
of the unpaid Assessment or installment thereof (but in no event an amount
greater than permitted under applicable law), to be charged to any Owner who has
not paid any Assessment, or any installment of an Assessment, within fifteen (15)
days after such payment was due. Notwithstanding the foregoing, to the extent
applicable law from time to time provides for any shorter period of time after
which Assessments or any other amounts payable hereunder may or shall become
delinquent, such shorter period of time may be established by the Board to apply
in lieu of the time period set forth in this Section, and to the extent applicable law
from time to time provides for any greater amount of late fee or other amount to
be charged to any Owner deemed delinquent in the payment of any Assessment, or
any installment of an Assessment, such greater amount may be established by the
Board to apply in lieu of the late fee set forth in this Section.
9. The following Section is hereby added to the Declaration:
"6.13 Working Capital Fund. To ensure that the Association shall have
adequate funds to meet its expenses or to purchase necessary equipment or
services, each Purchaser who has executed a purchase agreement dated as of
January 1, 2000 and thereafter with the Declarant or a Developer shall pay to the
Association immediately upon becoming the Owner of the Lot a sum equal to
one-sixth (116th) of the then current Annual Assessment attributable to the Lot.
Funds paid to the Association pursuant to this Section may be used by the
Association for payment of operating expenses or any other purpose permitted
under the Project Documents. Payments made pursuant to this Section shall be
nonrefundable and shall not be considered as an advance payment of any
Assessments levied by the Association pursuant to this Declaration."
10. Except as expressly amended by this Amendment, the Declaration shall remain in
full force and effect.
235789 [12/15/99 11:06 AM]
112987

DECLARANT:
PULTE HOME CORPORATION, ar\Michigan
corporation
r.c>
%.-*
.v*
I:m
By:
STATE OF ARIZONA )
) ss.
County of Maricopa )
&foreg
wheo .
corporation, on behalf of the corporation.
LINDA S. MOORE
Ndarf Pubkc - Stat* at kizona
hnAR!iOF,A COULiN
235789 [12J221u) 2:49 PMI
11 2987

ent by:
-
T~~KSRATION 'r1nE INS, CO.
WESEN RECORDED. RETURN TO:
SteveIl L Liskco
BrpCaveLLP .
'ha N. t2nt.d Ave.. 2%d P~OOT
Phoenix, Arizona B500Q-4406
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
00-0097797 02/OQlOO 03:57
n -.J
DECLARATION OF ANNEXATION TO
DECIARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
POR
STETSON HILLS
This Decl6ration of An~~exatida to Declaration of Covenm, Conditions and Rurriclioas
for Sfetron Hills (this 'D&nation of Anncxalim") is made as of the 7& day of Febnmy, 2000
by Pulle Home Carparation, a Michigan corpnrnticm (the "Dccl~ant").
A. A Deelaratfon of Covenants, Condition8 and Resuictione for Stetson Hills was
recorded on Dwamber 2, 1998, in Document No. 98-1092139. in dre Offisid R d s of
Maioopii County, Aritona, by Dd Webb's Coventry Kames, Jnc.. rm Arizona wrpmntitm
(^Coymky'3 rn earmblish a general plan of &vclopmc for tine planned community Imown as
Stauon fiillo (the "OIiglOal Doclantlon"). Coventry amended be Original Decktadon by thsr
ctaain Declaration of krmaation to LkcIaraion of Covenants, Conchtioms and Rastrictions for
Steteon BILs and 'Ihcl Ddamdon reconkd on May %I. 1999, in Documenf No. 99-0462703, in
the Official Records of Maricope County, &ma (the "Rrst Amendmaot")), ilnd then aJaignd
all of its rights w DsJarant under rhc Original Declaration, as amended, t~ DLdsrant by drat
curah Assignmcut of Dcclaram Rlghts recoded on Nmemba 8. 1999, in Document No.
99-1026274 in the OEiaal Records of Maricopa County. Arizona (the "Assipnmcnl"?. Daclaranr
rkn d e d IIIC O~tginal Decliuaticm, as anwnded by the First Amcndmenc and he
AsPignmenr, by that mtah Amendment to Declnration of Covonents, Conditions and
btrictians f ~r SWn Hills recorded on Deccmbci 28,1999. in Doc~mrnt No. 99-1153029 in
the Official bmd& of Maricopa County, Arizona (the "Second Amsndrncnt") Tbc Original
D&tim. ar amended by the First hdmant, rhc Asslgnrnenr and Tht Second Amendment,
is hvcinsftes nfmd to as the "Declaration."
3. CapitaIiznd terms used in this Declnrarion of AnnexaUon without dminition shall
havethe maningt given V, such terms in b ~lanuion.
C. Pursuant to Smxion 9.1 of the Doclererion. Dcclmt has r w c d the right,
prlvllee and option to add and annex lo the Propwty my part(#) or all of &t Additid E'qcrty
without thc vote of tho Members and withom notice ta or approval of my other Persa.
D. A portion d rhe Additional Pioputy described on Exhibit B to tbe Dcdaration
has been subdividet undm the nunu of Stetson Iiills Pmda 88 & 8C. Stetson HlUr Pat4 12
md Stetson Hills Panel 13 (the 'Subdivisiom"). The Dcclillan~ dnires to annex and dj%t

Sent by:.
portions of thc Subdivisions to the DtcImation.
.-
NOW, TEEREJlORE, the Declarant bereby declnr~s as follo~s: .,"
9.:.
-,-
1. Pureuanr dnd subject to the proviafons of Section 9.1 of tha Declluation. the
following &mibed Additional Pmpsay i6 hmby mexed and subj6cted m the Deeletarion:
(a) Lots 202 through 384, indusiw. mnd Trscb A. B, C, G. H and I ~f SIersan
Mlls Parcels 8B & 8G =carding to tho plar ncorded in Book 503 of Maps. page 8. and
mV!r rtcordcd June 'L4, 1999, in TXmmnt No. 99-599953. a d Affidavit d C~srrclion
d October 18, 1999 in Documant No. 99-954784, Offrcid Re& of mcopa County,
Aflzaim:
(b) 1 ~hmugh 106, incluiw, and 'llxcts B, C D. E, F, and H of
Sretson HiDs Percel 12, accordfag to the pfst recotdpd in Book 513 of Maps. page 1. Official
Rewrds of Maricopa Counry, hrimna: md
(c) Lots LM throtigh 188, iaclu~iv4 md Tracts A, B and D ol Stdrcn
PPrccl 13, according rn the phr ncarded in Bock 5L6 of Maps, page 25. Official Rccard, or
Maricops County, Alkonh
2 'fie following Tra- shall be Common Ares:
(a) Tracts A, B. C, G. H nndI of Stetson HIUs Parcels 8B & 8C. according m
tlrb plat rrcbrded in Book 503 of Map, page 8, and Affidavit recorded Jmc 24, 1999, io
DCCUUWI~ NO. 99-599953, md Afridavit of Cnmctian reasded October 18, 1999 in Dooment
No. 99-954784. Official Recuds of Marimpa Cdmty, Mmna;
0) Tl%cts B, C, D, E F. G and H of Swson Hilla Pfmd 12, accardtng tD the
plat recordedinBo~k 513 ofaps. page I, Offltial Record6 of Mnrjo~pa Coun~y. Mmna; and
(c) rtaCfs A, B and D of Srsm Hills Parcel 13. acoording to lhe plat
rcEordcd m Baok 516 of Maps, page 25, Official Records of Mdcopa County, Arbmm ,
3. Except as expressly mended by this Dcclarntion of Annexation, the holmlion
shall rsJnrin in full force and effect
PULTE HOME CORPORATION, a Michigan
corporation
By: xi- R 3@.-

Sent by:.
STATE OF ARIZONA )
County of Marimpa
ss.
i n s m y n ~ ~ m e day ot
. rhe
of Puke Hams Corporation, a Michigan
coqmati~ll, on bebalf 6f tha &ption. r n -
m s u
UNM 6. MOORE
RIW* -SM M 'olsfY ~ Pubfic I
,
ycoDrm.clphlsepL rpII.ZW1
My Commis$ion Expires: -

11/08/ba JION 15:13 FAX 602 256 4907
,cC,
"/'
FATCO TITLE #BOO ++-+ SCOlTSDALE @lo05
When recorded, return to:
Streich Lang, P.A.
Renaissance One
Two North Central Avenue
Phoenix, Arizona 85004
Attn.: Diane M. Haller, Esq.
.
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
99-1026273 11 /08/99 02: 31
,I"*ITce 3 OF J
MEMORANDUM OF DEVELOPMENT AGREEMENT
AND EASEMENT
THIS MEMORANDUM OF DEVELOPMENT AGFEEMENT AND EASEMENT
(the "Memorandum") is made and entered into this 8')L day of November, 1999 by and between
DEL WEBB'S COVENTRY HOMES, INC. an Arizona corporation ("Seller"), whose address
is 6001 North 24th Street, Phoenix, Arizona 85016 and PULTE HOME CORPORATION, a
Michigan corporation ("Buyer"), whose address is 10235 South 51% Street, Suite 100, Phoenix,
Arizona 85044.
RECITALS
A. Seller and Buyer have entered into that certain Agreement of Purchase and Sale of
Assets dated October 22, 1999 (the "Agreement") pertaining to the purchase and sale of certain
real property lmted within Stetson Hills located in the City of Phoenix, Maricopa County,
Arizona.
B. Upon the Closing for the Phase I Acquired Assets under the Agreement, Seller
conveyed to Buyer that real property described on Exhibit "A" attached hereto and made a part
hereof (the "Real Property"). Seller has agreed to construct certain improvements on and about
the Real Property for the benefit of the Real Property and other property in Stetson Hills, and
Buyer has agreed to construct certain improvements on and about the Real Property for the benefit
of the Real Property and other property in Steuon Hills in accordance with the terms of the
Agreement.
C. The Agreement provides for the allocation between Buyer and Seller of the cost and
the obligation to construct the Seller's Improvements, the Buyer's Improvements. and certain
common area improvements. The Agreement also provides for certain security in the form of a

11/08/99 MON 15:14 FAX 802 256 4907 FATCO TITLE #600 + SCOTTSDALE
.-
letter of credit, a bond, and an escrow holdback to secure, in part, the payment and performance
obligations rhereunder.
D. The Agreement also requires that Buyer grant to Seller and its agents an easement
over the Real Property (the "Easement") (i) permitting the right to enter upon the Real Property
to construct the improvements that Seller is obligated, or entitled. to construct under the
Agreement, and (ii) permitting Seller and those property owners served by proposed streets
designated on the plats of the Real Property as "Fembush Drive" and "Deem Hills Parkway" to
use Fembush Drive and Deem Hills Parkway until each is completed and accepted by the City of
Phoenix for maintenance.
E. Seller and Buyer desire to impart constructive notice to all persons dealing with the
Real Property of the rights and obligations of Seller and Buyer to construct the improvements
described in the Agreement, and the grant of Easement to Seller, in accordance with the terms
of the Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, receipt whereof is
hereby ackndwledged, Seller and Buyer agree as follows:
1. Recitals Incorporated. Recitals A through E above are incorporated into
this Memorandum and made a part hereof.
2. Notice of Agreement. Seller and Buyer hereby impart constructive notice
to all persons dealing with or interested in the Real Property of the terms set forth in this
Memorandum, which are more specifically set forth in Sections 7.3 and 12.4 of the Agreement,
which are incorporated herein and made a part hereof. All persons interested in or dealing with
the Real Property are advised to consult with Buyer and Seller with respect thereto.
3. Easement. Buyer hereby grants to Seller and Seller's employees, agents,
contractors, subcontractors and invitees a temporary, nonexclusive, nondelegable easement over
and upon the Real Properly for the purpose of entering thereupon (a) to consuuct rhe
Improvements and rhe common area improvements that Seller is obligated, or entitled, to construct
in accordance with the terms of the Agreement, @) to use Fernbush Drive and Deem Hills
Parkway until each is constructed and accepted by the City of Phoenix for maintenance, and (c)
to use water from the pond located on Parcel 12 in connection with certain construction activities
of Seller as described in the Agreement. Seller agrees to indemnify, defend and hold Buyer
harmless for, from and against any loss, claim, action, damage and expense. including reasonable
attorneys' fees, arising out of or in connection with the exercise of the rights granted to Seller
under items (a) and (c) above, including, without limitation, any accident or other occurrence
causing injury to or death of persons or damage to property, by reason of the use of the Real
Property by Seller, its agents, employees, contractors, subcontractors and invitees. Inexercising
the easement rights granted herein, Seller shall not unreasonably interfere with Buyer's

11/08/99 PUN 15:14 FAX 602 258 4907 FATCU TITLE #800
... development activities on the Real Property. Seller will exercise the easement rights granted
herein only to the extent reasonably necessary to perform the activities contemplated by this
Agreement.
4. Termination of Memorandum. This Memorandum and the Easement set
forth herein shall automatically terminate upon completion of the lrnprovements and the common
area improvements described in the Agreement and the completion and acceptance of Fembush
Drive and Deem Hills Parkway by the City of Phoenix for maintenance. Thereafter, Seller and
Buyer promptly shall execute and deliver any such documents and instruments reasonably
requested by Seller, Buyer or the City of Phoenix to evidence terminarion of the Easement and
this Memorandum. Notwithstanding the foregoing, this Memorandum and the Easement (except
to the extent the same relates to Fernbush Drive and Deem Hills Parkway) shall automatically
terminate as to each lot included in the Real Property upon the completion of a residential
dwelling thereon, and the conveyance of such lot and dwelling to a bona fide purchaser for value.
5. Runs with the Land. Subject to the provisions of Paragraph 4, all
provisions of this instrument run with the Real Property and are binding upon the title holder of
the Real Property, Seller, Buyer and their successors and assigns. Neither Seller nor Buyer may
assign, convey, transfer or mortgage its rights and obligations under this Memorandum or under
the Agreement without the prior written consent of the other party.
6. Amendment. This Memorandum may be revoked or amended only by
recording in the office of the Recorder of Maricopa County, Arizona. an instrument in writing
reciting such revocation or amendment, bearing the acknowledged signatures of both parties
hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Development Agreement and Easement to be effective on the date first written above.
BUYER:
PULTE HOME CORPORATION, a Michigan
corporation
T i t l e : 1(%-&
TneiA b;u i 5r.d

11/08/99 HON 15:14 FAX 802 258 4907 FATCO TITLE Y6OO
SELLER: /
$4
DEL WEBB'~ VENTRY HOMB, INC., an
Arizona co'pp#$on

11/08/99 MON 15:15 FAX 602 256 4907
- .
FATCO TITLE #600
- STATE OF ARIZONA 1
) ss.
Counry of Mariwpa )
The foregoing insuument was acknowledged before me this 5 day of November.
1999, by &-ch,.J/- CAW&, the&. #tXOCu;r &.g of PulteHome Corporation, aMichigan
corporation, on behalf of the corporation.
My commission expires:
q-30-:,oa3
O F F ~ SEAL X ~
STATE OF ARIZONA )
-
County of Maricopa
) ss.
1
The foregoing instrument was acknowledged before me this day of November.
1999, b ~WniS Q.Wddl~hIfi. the -p&"$$$ of Del Webb's Coventry Homes, Inc.,
an Arizona corporation, on'behalf of the corporation.o
My commission expires:

11/08/99 YON 15:15 FAX 602 256 4907 FATCO TITLE U600
ExHlBm "AA"
PARCEL NO. 1: ( P a l 8A)
tots 80 through 146 inclusive. 158 through 178. inclusive and 191 through 201 inclusive and
Tracts A through M inclusive, of "STETSON HLI,LS PARCELS 7 & 8An, according to the plat
of record in the office. of the County Recorder of Maricopa County. Arizena, recorded in
Book 491 of Maps, Page 16.
EXCEPTING all oil, gas, metals and mineral rights and right to other materials as provided by
ARS 37-231. togethex with all geothermal resources as provided by ARS 37-231 as reserved in
Patent from State of h n a recorded May 20, 1999 in 99-4827(M, of Official Records.
PARCEL NO. 2: CParce1
--
Lots 202 through 252 inclusive and Lou 266 through 308 inclusive and Tracts A, B, C, G
rhrough I inclusive, of "STETSON HnLS PARCELS 8B & 8C". according to the plat of record
in the office of the County Recorder of Maricopa County, Arizona, recorded in Book 503 of
Maps, Page 8; Affidavit recorded June 24, 1999 in99-599953, of OEcial Records and Afftdavit
of Comection recorded October 18. 1999 in 99-954784. of Official Records. -
Excepting all oil, gas, metals and mineral rights and right to other materials, as provided by
ARS 37-231. together with all Geothermal Resources as provided by ARS 37-231 as reserved
in Patent from the State of Arizona, recorded November 3, 1999 in 99-1013325, of Official
Records.
PARCEL NO. 3: I 12)
Lats 1 through 106 inclusive and Tracts B through H inclusive. of "STETSON HILLS PARCEL
12", according to the plat of record in the office of the County Recorder of Maricopa Councy,
Arizona, recorded in Book 513 of Maps. Page 1.
Excepting all, oil, gas, metals and mineral rights and right to other materials, as provided by
ARS 37-231, together with all Geothermal Resources as provided by ARS 37-231 as reserved
in Patent from the State of Arizona, recorded November 3, 1999 in 99-1013325, of Official
Records.

-
11/08/99 MON 15:15 FAX 602 256 4907 FATCO TITLE #600 + + SCO'ITSDALE
moll
. K'
1 11111 1

11/08/99 MON 15:15 FAX 802 256 4907 FATCO TITLE U800
.,'f .
+ SCOTTSDALE
- -- arising out of the Declaration and the Articles of Incorporation, Bylaws, and other governing
documents of the Association.
Pursuant to Section 1.22 of the Declaration, Covenq is hereby designated as a
"Developer" under the Declaration. In support of such designation, Coventry hereby confims
that it is in the business of developing, selling or leasing real property, and Coventry has acquired
one or more Lots or Parcels (as defined in the Declaration) in connection with, and in the course
of, such business for the purpose of developing, selling or leasing such Lors or Parcels.
DATED as of the date first set forth above.
rn mBl&TRy Horn. mc., a,
Arizona cop a
PULTE HOME CORPORATION, a Michigan
corporation
By:
Name:
Title:
l~:,Na&\ A. &~er~tw,

11!08/99 HON 15:16 FAX 802 258 4907
I , ' . ,
.' . '
FATCO TITLE MOO
+++ SCO'TTSDALE
. - STATE OF ARIZONA 1
) ss.
COUNTY OF MARICOPA )
This instrument was me this day of November, 1999, by
Wni~R.B&od ,the
f Del Webb's Coventry Homes, Inc.. an Arizona
corporation, on behalf of the
N&
Public
rat -
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me this % day of November, 1999, by
_/c/v.~r,, the @PA, 6'40~vi r &. of Rulte Home Corporation, a Michigan
corporation, on behalf of the corporation.
A-cA~~J.

STETSON HILLS COMMUNITY ASSOCIATION
Effective September 1, 2004
ASSESSMENT COLLECTION POLICY
LATE FEE: A late fee of 10% of the full assessment or $15.00, whichever is
greater, will be assessed on every account showing one full assessment due
after the published delinquent date.
Assessment Collection Schedule:
1. Written reminder to property owner on the thirtieth (30") day of the
assessment payment month that account is outstanding and a late fee has
been applied to account.
2. Written demand letter mailed certified and regular U.S. Mail the forty-fifth
(45th) day after assessment is past due. All demand letter fees are the
responsibility of the property owner.
3. A lien is filed on every account that shows the assessment being at least
ninety (90) days past due. The delinquent account is assessed a lien fee. The
lien shall not be released until such time as the account is paid in full. All lien
fees are the responsibility of the property owner.
4. After a lien is filed on the property, should the account remain outstanding,
the balance is sent to an attorney for collections. All legal fees are the
responsibility of the property owner.
Payments will be applied to an account as follows:
1. Past due assessments
2. Fines
3. Demand letter fee
4. Lien fee and legal costs
5. Late charges
The Board of Directors shall not consider waiver of late fees, lien fees, or
attorney collection fees incurred on an account where the assessment was not
paid in accordance with the Assessment Collection Policy through no fault of the
Association or its Agent.
Payment plans will be accepted under the following conditions:

Payments made without benefit of a properly executed payment plan will not be
construed as a payment plan, and collection activity shall be initiated in
accordance with the Assessment Collection Policy.
Late fees as provided in the Assessment Collection Policy shall not be charged
during the term of the payment plan if payments are received in accordance with
the plan.
A minimum payment plan payment equal to one-sixth of the full assessment due
plus collections costs will be accepted on a monthly basis.
A lien will be filed and attorney collection proceedings will be implemented upon
default of payment plan with no further notice to the property owner.
IN WITNESS WHER undersigned have executed this consent as of
,2004.
W& r
/ N .
Stwrossman, Vice President

STETSON HILLS
COMMUNITY ASSOCIATION, INC.
AMENDED AND RESTATED
DESIGN GUIDELINES
April 28, 2009

STETSON HILLS COMMUNITY ASSOCIATION, INC.
Amended and Restated Design Guidelines
TABLE OF CONTENTS
I. INTRODUCTION 3
II. IMPROVEMENTS/MODIFICATIONS TO A LOT 3
A. ARCHITECTURAL REVIEW AND APPROVAL REQUIRED 3
B. ARCHITECTURAL AND DESIGN CHARACTER 3
III. DESIGN GUIDELINES 4
A. ANTENNAS AND SATELLITE DISHES 4
B. AWNINGS AND OTHER ARCHITECTURAL FEATURES 4
C. BASKETBALL EQUIPMENT 4
D. CLOTHES DRYING FACILITIES 4
E. CORNER LOTS 4
F. DRAINAGE 4
G. EXTERIOR LIGHTING 4
H. WINDOW COVERINGS/SCREENS 5
I. FLAGS AND FLAGPOLES 5
J. GARAGES 5
K. LANDSCAPING REQUIREMENTS AND GUIDELINES 5 & 6
L. MAINTENANCE OF LANDSCAPING 6
M. PAINTING 7
N. PATIO COVER ADDITIONS 7
O. PLAY STRUCTURES 7
P. POOLS, SPAS AND JACUZZIS 7
Q. ROOFTOP EQUIPMENT 7
R. SECURITY DOORS 7
S. SIGNS 8
T. SOLAR EQUIPMENT PANELS OR DEVICES 8
U. STORAGE SHEDS 8
V. TANKS 8
W. TRASH CONTAINERS AND COLLECTION 9
X. TRUCKS, TRAILERS, CAMPERS AND BOATS 9
Y. WALLS AND FENCES 9
Z. YARD SALES AND GARAGE SALES 10
AA. DOWNSPOUTS AND GUTTERS 10
IV. (ARC) AND PROPERTY OWNER REQUIREMENTS 10
A. ARC 10
B. PROPERTY OWNERS 10
C. SUBMITTAL FOR CHANGES AND ADDITIONS 10
D. FEES 11
E. EFFECT OF BUILDING PERMITS 12
V. NON-LIABILITY FOR APPROVAL OF PLANS 12
VI. DAMAGE BY OWNER 12
VI. CHANGES AND AMENDMENTS TO THESE DESIGN GUIDELINES 12
ARC SUBMITTAL FORM 13
REPAINTING POLICY 14
2

STETSON HILLS COMMUNITY ASSOCIATION, INC.
Amended and Restated Design Guidelines
I. INTRODUCTION
Stetson Hills is a community designed to respect the climate and regional character of its location, minimize
environmental impact and maximize water and energy conservation principles. In order to implement and
preserve these principles, these Design Guidelines have been established to maintain certain standards by
which the community may grow and develop. The Architectural Committee henceforth shall be known as the
Architectural Review Committee (ARC).
The Design Guidelines provide an overall framework and a comprehensive set of guidelines by establishing
criteria for the design, size, location, style, structure, materials and color of architecture and landscaping, as
well as relevant criteria for the construction or modification of all Improvements made by any party other than
Del Webb’s Coventry Homes, Inc. (the “Declarant”). They also establish a process for the judicious review of
proposed Improvements or alterations. However, the Design Guidelines are not the exclusive basis for
decisions of the ARC, and compliance with the Design Guidelines does not guarantee approval of any
application. An Application form for repainting and other projects is attached. Application forms are also
available online at http://www.stetsonhills.us/ or by calling the Community Manager. Please ensure you are
using the most currently adopted form.
The Design Guidelines, which have been adopted by the Stetson Hills Community Association, Inc. (the
Association”), are an Amended and Restated version of the original Design Guidelines dated June 1, 1999
prepared by the Declarant. All terms used but not defined herein shall be given the meanings ascribed to
them in the Declaration of Covenants, Conditions and Restrictions for Stetson Hills (the “Declaration”) and
any supplements or amendments thereto, unless the context requires otherwise. The Design Guidelines will
be administered by the ARC pursuant to Article 5, Section 5.11 of the Declaration. The ARC monitors any
portion of any Lot which is Visible from Neighboring Property. Visible from Neighboring Property is defined in
the Declaration as any given object that is or would be visible to a person six (6) feet tall, standing at ground
level on any part of an adjoining Lot, Common Area or street. This would include backyards which are
visually open to other Lots or Association Common Areas.
In the event of conflict between the Design Guidelines and any government ordinance, building code or
regulation, the more restrictive standard shall prevail.
II.
IMPROVEMENTS/MODIFICATIONS TO A LOT
A. ARCHITECTURAL REVIEW AND APPROVAL REQUIRED
No Improvement shall be constructed or installed within the Community without the prior written approval
of the ARC. No addition, alteration, repair, change or other work which in any way alters the exterior
appearance (including but without limitation, the exterior color scheme) of any property within the
Community, or any Improvements located thereon, shall be made or done without the prior written
approval of the ARC. Each Owner is responsible for removing or otherwise curing, at its expense, noncomplying
and/or unapproved Improvements.
B. ARCHITECTURAL AND DESIGN CHARACTER
1. The architectural design of all additions, alterations and renovations to the exterior of any Residential
Unit shall conform to the design of the original Residential Unit in style, detailing, materials and color.
2. The height of any addition to an existing Residential Unit shall not be higher than the original roof line.
3. All additions to Residential Units shall be built within the setback lines originally established for
Stetson Hills or as changed by the Declarant or Developer with the requisite approval of the City of
Phoenix.
4. All materials used in the maintenance, repair, addition and alteration of any structure or Improvement
subject to review hereunder, shall match those used in the initial construction of the Improvement as
to color, composition, type and method of attachment. The ARC may allow substitute materials if it
deems such materials to be compatible with the theme of the Community.
5. No addition, alteration or renovation of an existing Residential Unit or any other activity on a Lot may
alter the established Lot drainage (as established by the Declarant).
6. Any addition or change to a Residential Unit shall be within the model selection choices offered by the
original Builder, or if it was not offered by the original Builder, may not exceed ten percent (10%) of
the footprint of the Residential Unit.
3

7. The quality of workmanship evidenced in construction, must be equal to or better than that of
surrounding properties.
III.
DESIGN GUIDELINES
A. ANTENNAS AND SATELLITE DISHES
Standard television antennas as well as other over-the-air reception devices (including satellite dishes) of
less than one (1) meter in diameter must be located in the rear yard of the property and within the
confines of the fence walls. Over-the-air reception devices that require towers or poles exceeding the
height of the fence so as to be Visible from Neighboring Property are prohibited. Installation of such overthe-air
reception devices shall comply with these Design Guidelines to the maximum extent feasible
under applicable Federal regulations.
B. AWNINGS AND OTHER ARCHITECTURAL FEATURES
Awnings, canopies, shutters, security shields, tile, iron, stone or other such architectural features on the
front of the Residential Unit must conform to the theme and color scheme of the Residential Unit and
Community. Awnings or canopies must be a high quality and durable fabric of a solid color. Patio
awnings must be retractable, horizontally stabilized and made of quality material. The total square
footage of the patio must not exceed ten percent (10%) of the livable square footage of the Residential
Unit. Submittal of such items must include a drawing with the location of the proposed installation, a
sample of the material to be used, colors and designs. Owners shall be responsible for the maintenance
and repair of such items. The Association retains the right to determine when items must be cleaned,
repaired or replaced due to weathering, fading, tearing, etc.
C. BASKETBALL EQUIPMENT
No basketball goal, backboard or similar structure or device shall be placed or constructed on any Lot or
Parcel so as to be Visible from Neighboring Property without the prior approval of the ARC, including
without limitation, approval as to appearance, height and location. Notwithstanding the above, portable
goals may be placed on a Lot without prior written approval of the ARC, provided, however, that such
portable goals are promptly stored as not to be Visible from Neighboring Property when not in use. All
basketball equipment must be maintained in like new condition at all times.
D. CLOTHES DRYING FACILITIES
No outside clotheslines or other outside facilities for drying or airing clothes shall be erected, placed or
maintained on any Lot, Parcel or other property so as to be Visible from Neighboring Property.
E. CORNER LOTS
As noted on the Plat, structures and landscaping at the intersection of street right-of-way shall be
maintained at three feet (3’) in height within a triangle thirty-three feet (33’) by thirty-three feet (33’) along
the right-of-way lines in accordance with City of Phoenix Ordinance G-76.
F. DRAINAGE
No Residential Unit, structure, building, landscaping, fence, wall or other Improvement shall be
constructed, installed, placed or maintained in any manner that would obstruct, divert, interfere with or
change the direction of flow of water in accordance with the drainage plans for the Community, or any
part thereof, or for any Lot or Parcel as shown on the drainage plans on file with the City of Phoenix.
Each Owner shall, at their own expense, maintain the drainage ways and channels on their Lot or Parcel
in proper condition free from obstruction.
G. EXTERIOR LIGHTING
Exterior lighting on Lots shall be limited to fixtures installed by the Declarant or approved by the ARC and
with light bulbs having no more than 100 watts each. Exteror lighting shall be permitted on a Lot or
Parcel so long as (i) the source of such lighting is not Visible from Neighboring Property; (ii) the source of
the lighting is not pointed at or directly illuminates any neighboring property; (iii) such lighting is limited to
that which is reasonably necessary for the safety and convenience of the Residential Unit Owner; and (iv)
such lighting conforms with such other requirements as may be imposed by the ARC. Neighboring
property for this section shall include Lots and Parcels, common areas, streets, and open mountain or
field areas. Notwithstanding the foregoing, but subject to reasonable regulations by the ARC, exterior
floodlights may not continuously remain on after 10:00 PM.
Owners or occupants may display holiday lights and/or decorations located or visible from outside their
Residential Unit, if the decorations are of reasonable size and scope and do not disturb the quiet
4

enjoyment of other Owners or occupants in the Community by excessive light or sound emission or by
causing an unreasonable amount of spectator traffic. Holiday decorations and/or lights may be displayed
in season only from November 1 st until January 31 st and during other times of the year, from one week
prior to and one week after any nationally recognized holiday.
H. WINDOW COVERINGS/SCREENS
Permanent window coverings must be installed on all bedroom, bathroom, living room and family room
windows, which shall be visible from any street or common area, within sixty (60) days of occupancy. No
window that is Visible from Neighboring Property shall at any time be covered with aluminum foil, bed
sheets, newspaper or any other like materials.
Exterior solar screens or sunscreens shall be permitted without ARC approval, provided they are
compatible with the exterior color scheme of the Residential Unit. Reflective screens shall not be
permitted. All such screens must be maintained to their original condition, free from dirt, torn screen
material and bent frames.
I. FLAGS AND FLAGPOLES
Per Arizona Statute display of one of the following flags shall be permitted: American, Arizona State,
United States Air Force, United States Army, United States Navy, United States Marine Corp or United
States Coast Guard, POW – MIA or an Arizona Indian Nation. Flag poles may only be placed in the front
of the property.
The maximum size of any flag shall be three feet (3’) by five feet (5’). The maximum height of a
permanent, removable or freestanding pole shall be twenty feet (20’) or the height of the roof peak,
whichever is less. Such poles must be submitted to the ARC for approval. Wall mounted flag poles shall
be a maximum of five feet (5’) long with attaching brackets painted to match the attachment area. Wall
mounted flag poles do not require ARC approval. All poles and flags must be maintained in excellent
condition according to the United States Flag Code, Title 36, U.S.C., Chapter 10. Only one permanent,
removable, wall mounted or freestanding pole will be permitted per Unit or Lot. It shall be the
responsibility of the Owner on which a flag is displayed to do so with proper respect and flag etiquette.
J. GARAGES
The interior of all garages shall be maintained in a neat and clean condition. Garages shall be used only
for the parking of vehicles and the storage of normal household supplies and materials and shall not be
used for or converted to living quarters or for hobby/recreational usage without the prior written approval
of the ARC and applicable City and State Zoning and Code requirements. Garage doors shall be kept
closed at all times except to the limited extent reasonably necessary to permit the entry or exit of vehicles
or persons. No merchandise or other items, to include vehicles of any type, shall be placed, maintained
or displayed for the express and sole purpose of sale in front of the garage or in any part of driveways,
unless specifically approved by the ARC.
K. LANDSCAPING REQUIREMENTS AND GUIDELINES
The responsibility of each Owner is to landscape and maintain their front yard and public right-of-way
areas adjacent to their respective Lot within a period of ninety (90) days from close of escrow and rear
yard landscaping within a period of one hundred and twenty (120) days from close of escrow. Both front
and rear yard landscaping shall be in accordance with all applicable City of Phoenix Ordinances and/or
these Design Guidelines, whichever is more restrictive. All landscaping must be in accordance with the
following minimum requirements:
1. The use of native or compatible drought-tolerant species shall be utilized for all yard landscaping.
2. All landscape plantings shall be maintained by a fully automatic underground water system. Irrigation
systems that use drip emitters instead of spray heads or bubblers are highly encouraged. When it is
necessary to use sprinklers, care should be taken to avoid overspray on hardscape, structures, walls,
fences and windows.
3. Front Yard minimum planting recommendations are as follows: Twelve (12) shrubs one-gallon in size,
six (6) shrubs five-gallon in size and two (2) trees fifteen-gallon in size. Four (4) five-gallon shrubs may
be substituted for one (1) of the fifteen-gallon trees. Variances to these minimum requirements may be
made by the ARC based on Lot size. In addition, for corner Lots only, any public right-of-way areas
adjacent to the Lot will be included in the front yard area in applying minimum requirements.
Landscaping plans for side yards adjacent to driveways shall include a minimal amount of plant material –
only granite in this area is not acceptable.
4. Approved plant materials are listed on the Low Water Using Plant List provided by the Arizona
Department of Water Resources, which is available at:
5

http://www.adwr.state.az.us/dwr/content/Find_by_Program/Drought_and_Conservation/LowWaterPlantLis
ts/default.htm”.
In addition, on September 9, 1999, the Board of Directors approved the addition of Queen Palm trees and
Salcina species of trees to the Plant Material List and on December 19, 2000 the addition of Natal Plum
shrubs was approved to be added to the list. On December 21, 1999, the Board of Directors approved
Citrus trees as well as any additional plants not included in the approved Plant Material List to be
permitted in the confines of the backyard subject to the following specifications:
(a) Citrus trees must be of a dwarf variety.
(b) Such trees should be setback a minimum of ten feet (10’) from all property lines to prevent
damage to common area walls due to the watering requirements of citrus trees.
(c) Citrus tree owners must ensure fruit is kept off the ground to prevent the proliferation of vermin.
5. The ground surfaces of all yards shall be covered with approved inert or living materials or a
combination of both. Approved inert materials shall include:
(a) River Rock (3” to 6” in diameter), not to exceed ten percent (10%) of yard.
(b) All decomposed granite natural colors are approved for installation in the front and backyard
landscaping. No artificial rock, lava rock, white rock and/or painted rock will be allowed.
(c) Crushed granite.
(d) Boulders must be from the Valley area and buried no less than six inches (6”) in depth. Boulders
may not exceed four feet (4’) in diameter, width or height. As landscape features, boulders may not
be configured in any manner so as to appear as a fence or barrier. The number of boulders may be
limited by the ARC, according to the overall size and scale of the property.
(e) Additions or variances must be approved by the ARC. For the purpose of these Design
Guidelines, topsoil or decomposed granite smaller than 3/8 inch minus will not be considered inert
material. Ground cover, inert material and any other landscaping softscape or hardscape shall not be
used to spell out or form names, nicknames, initials, names of states or cities, athletic teams,
slogans, state emblems, geometric patterns or any other word, image, symbol or communication.
6. Excessive use of concrete and/or items created from concrete and/or flagstone in front and street side
yards will not be allowed. No concrete and/or items created from concrete and/or flagstone may be
located adjacent to the driveway areas other than that which were initially included with the Residential
Unit. Additional concrete and/or items created from concrete and/or flagstone walking areas not
exceeding four feet (4’) in width and front patios may be considered for approval by the ARC.
7. If a warm season grass is used that will go dormant in winter, such as Bermuda, over seeding with Rye
seed shall be required to ensure grass remains green year-round.
8. Fountains shall be limited in height to four feet (4’) above the finished grade of the Lot. All fountains
shall be of natural materials, color and design, each of which are compatible with the overall architectural
theme of Stetson Hills, as determined by the ARC. Fountains installed in front yards must be setback a
minimum of twenty feet (20’) from the front property line. It is recommended that water features be
chlorinated.
9. No landscape feature shall be in excess of four feet (4’) in height. Statues, topiary and artifacts will not
be allowed in the front or street side yard with the exception of temporary statues, artifacts and other
holiday decorative items which may be allowed within a reasonable period of time as specified under
Exterior Lighting in regard to holiday decorations. Statues, topiaries and artifacts are permitted in rear
yards if not Visible from Neighboring Property.
10. The use of solid plastic sheeting or polyethylene over ground areas will not be permitted. If landscape
fabric is used, it must allow the free flow of water, air and gases to and from the soil. Comparable
materials may be used only with prior approval of the ARC.
11. Each Owner must submit landscaping plans for review by the ARC. The procedures for submittal are
described in Article 3, Section 3.2 of the Declaration.
12. Vines, over time, destroy the EIFS/stucco structures. Vines are not permitted on either common or
perimeter stucco walls.
13. No tree, shrub or planting of any kind on any Lot, Parcel or other property shall be allowed to
overhang or otherwise to encroach upon any sidewalk, street, bicycle path or pedestrian way from ground
level to a height of eight feet (8’) without the prior approval of the ARC.
L. MAINTENANCE OF LANDSCAPING
Each Owner of a Lot or Parcel shall properly maintain and keep neatly trimmed, properly cultivated and
free of trash, weeds and other unsightly material all Landscaping located on (i) Owners Lot or Parcel; (ii)
any public right-of-way or easement area which abuts or adjoins the Owner’s Lot or Parcel and which is
located between the boundary line of his Lot or Parcel and the paved area of any street, sidewalk, bike
path or similar area (unless otherwise directed by the Board); and (iii) any non-street public right-of-way or
easement area adjacent to his Lot or Parcel (unless otherwise directed by the Board); provided, however,
6

that such Owner shall not be responsible for the maintenance of any areas over which the Association
assumes the responsibility in writing or the City of Phoenix, Maricopa County or any other municipality or
other governmental agency or entity having jurisdiction over such property assumes responsibility.
Proper maintenance of Landscaping shall include, without limitation, removal and replacement of dead
Landscaping, subject to the Design Guidelines.
M. PAINTING
1. Homes that are to be repainted will require review and approval by the Community’s ARC. This
review is to ensure compliance with submittals.
2. The Paint Application Submittal Form is available at http://www.stetsonhills.us/doc. Plot Plans are not
required with requests to repaint the houses.
3. The time limit to complete the painting will be 60 days from the time the approval letter is mailed.
4. After completion of the painting the ARC will do a follow up to ensure compliance with the submittal.
5. Members are strongly encouraged to paint a small area with the paint they are planning to use to
ensure it complies with their submittal.
N. PATIO COVER ADDITIONS
Patio cover additions shall be of the same design as those offered by the original Builder. Materials,
colors and trim items must be the same as those used on the Residential Unit. If proposed patio cover
addition was not offered by the original Builder, such addition may not exceed ten percent (10%) of the
footprint of the Residential Unit.
O. PLAY STRUCTURES
Swing sets or other play structures (“Play Equipment”) must be located at least five feet (5’) from adjacent
Lots and may not exceed eight feet (8’) in height, including the height of the canopy, from the ground
level. Play Equipment Visible from Neighboring Property shall be painted to match the color scheme of
the Residential Unit or have a natural wood finish. Any canvas canopy shall be a natural color and no
flags are allowed. All structures shall be maintained so as to present a neat and clean appearance.
Screening of Play Equipment with appropriate landscaping and thorough consideration for all neighbors is
required.
ALL PLAY EQUIPMENT MUST BE APPROVED BY THE ARCHITECTURAL COMMITTEE PRIOR TO
INSTALLATION.
P. POOLS, SPAS AND JACUZZIS
All pools, spas and Jacuzzis must be installed according to the City of Phoenix and Maricopa County
ordinances and will require protective fencing and be subject to applicable setback requirements. In no
instance shall any portion of a perimeter fence be temporarily removed or altered, including but
not limited to removal in connection with the installation or construction of a swimming pool
WITHOUT THE PRIOR WRITTEN APPROVAL OF THE ARC. Any owner in violation of this
provision shall be subject to such monetary penalties and suspension of voting rights and
Common Area use rights as may be established by the Board. Access may be gained by removing a
portion of the front wall on the side of the home. Repairs to the wall must be completed in a timely
fashion and include repairing the wall to match the texture and color of the remaining wall.
In addition, Lots which have wrought iron fencing must attractively screen all pool, spa and
Jacuzzi equipment from View of Neighboring Property.
Q. ROOFTOP EQUIPMENT
No machinery, fixtures or equipment of any type, including but not limited to heating, ventilating, cooling,
evaporative, air-conditioning and appurtenant equipment may be mounted, installed or maintained on the
roof or wall mounted on the Residential Unit or other building so as to be Visible from Neighboring
Property.
R. SECURITY DOORS
Security doors shall be permitted provided that they are of a color to match or complement the front door
trim or body color of the home. All security door designs must be submitted to the ARC for approval prior
to installation.
7

S. SIGNS
No sign shall be erected within the Community, except those required by law, including posters, circulars
and billboards; provided the following types of signs may be erected on a Lot or Parcel without written
consent so long as the permitted signs are professionally painted, lettered and constructed:
1. Signs required by legal proceedings.
2. One (1) residential identification sign, identifying a Lot or Residential Unit by number, address or
Occupant in a style designated by the ARC, not to exceed seventy-five (75) square inches in size will
be permitted.
3. No more than one (1) professionally lettered “For Sale” or “For Rent” sign of customary size to be
placed on any individual Lot within the Community. Such sign shall be located wholly within the Lot
being advertised “For Sale” or “For Rent.” The sign shall not be allowed to remain on a Lot or Parcel
for more than a total of one hundred and twenty (120) days during any three hundred and sixty five
(365) day period.
4. Owners shall be permitted to post a reasonable number of professionally designed home
protection/security signs from a security/alarm company providing services to such Owner or the
Residential Unit. One single-sided security/alarm sign may be placed in the front yard where it is
visible to persons approaching the Residential Unit and a sign may also be placed in a window of the
Residential Unit. The signs shall not exceed seventy five (75) square inches in size.
5. Temporary “Open House” signs indicating that a Residential Unit is available for inspection by
interested parties, but such signs may only be erected or maintained during the hours of 10:00 AM
through 6:00 PM on Saturday, Sunday, legal holidays or other days designated by the ARC.
6. One temporary sign identifying the contractor installing landscaping or a pool on the Lot or Parcel, but
only during the period that such installation is in progress.
7. Per Revised State Statute no more than one (1) political sign not to exceed twenty-four inches (24”)
by twenty-four inches (24”) may be erected forty-five (45) days prior to an election and must be
removed no later than seven (7) days after an election.
T. SOLAR EQUIPMENT PANELS OR DEVICES
No solar heating equipment or device is permitted outside the Residential Unit except such devices
whose installation and use is protected by Applicable Law and governmental regulations.
Notwithstanding such protection, an application for such equipment or device must be submitted for
approval to the ARC prior to installation and approval will be granted based on the following guidelines:
1. Solar collectors, whenever possible, should be installed on the plane of the roof and be flush
mounted.
2. Aluminum trim, if used and visible, should be anodized or otherwise color treated.
3. All exterior plumbing lines should be painted in a color scheme which matches as closely as possible
to the color of the structure and materials adjacent to the pipes (i.e. pipes on walls should be painted
the color of the walls while roof plumbing should be the color of the roof).
4. Panel materials should be dark in color.
5. A sample or illustrated brochure of the proposed solar unit should be submitted with the application,
which clearly depicts the unit and defines the materials to be used in the installation.
6. A plan showing the location and number of solar collectors must be provided.
Solar units not mounted on the roof (ground mounted) should be installed according to the City of
Phoenix setback requirements. Any such structures should be concealed from View of Neighboring
Property when reasonably possible and be free of all future likelihood of shading from fences, trees,
shrubbery and other vegetation.
U. STORAGE SHEDS
A storage shed shall be permitted and need not be submitted for approval provided the maximum height
of the storage shed does not exceed the lowest adjacent property fence by more than six inches (6”).
Such storage shed must be painted the same color as the Residential Unit or block fence. The footprint
of the base of the storage shed may not exceed a total of one hundred (100) square feet.
V. TANKS
No tanks of any kind (including tanks for the storage of fuel) shall be erected, placed or maintained on
any Lot or Parcel unless such tanks are buried underground. Nothing herein shall be deemed to prohibit
use or storage upon any Lot or Parcel of an above ground propane or similar fuel tanks with a capacity of
ten (10) gallons or less used in connection with a normal residential gas barbecue, grill, fireplace, spa or
“hot tub,” so long as any such tank is appropriately stored, used and/or screened, in accordance with the
8

Design Guidelines or as otherwise approved by the ARC so as not to be Visible from Neighboring
Property.
W. TRASH CONTAINERS AND COLLECTION
No garbage or trash shall be placed or kept on any Lot, Parcel or other Property except in sanitary,
covered containers of the type, size and style provided by the City of Phoenix. In no event shall such
containers be maintained or stored so as to be Visible from Neighboring Property or from the street,
except to make the same available for collection and then only for the shortest time reasonably necessary
to effect such collection. All rubbish, trash or garbage shall be removed from the Lots, Parcels and other
Property and shall not be allowed to accumulate thereon. No outdoor incinerators shall be maintained on
any Lot, Parcel or other Property.
X. TRUCKS, TRAILERS, CAMPERS AND BOATS
No truck, mobile home, travel trailer, tent trailer, trailer, camper shell, detached camper, recreational
vehicle, boat, boat trailer or other similar equipment or vehicle may be parked, maintained, constructed,
reconstructed or repaired on any Lot, Common Area or other portion of the Community or on any street,
so as to be Visible from Neighboring Property without the prior written approval of the ARC, except for (i)
temporary construction trailers or facilities maintained during and used exclusively in connection with
construction of any Improvement approved by the ARC; (ii) boats and vehicles parked in garages on Lots
so long as such vehicles are in good operating condition and appearance and are not under repair; (iii)
the storage of vehicles in any area designated or approved for such purposes by the Board of Directors
(including, but not limited to, one or more recreational vehicle storage facilities, whether operated on a for
profit or not for profit basis; (iv) motor vehicles not exceeding seven feet (7’) in height and eighteen feet
(18’) in length which are not used for commercial purposes and which do not display any commercial
name, phone number or message of any kind. For additional restrictions on motor vehicles, including but
not limited to towing of vehicles, refer to Sections 3.24 and 3.25 of the Declaration.
Notwithstanding the above, RVs and Travel Trailers may enter the community for the sole purpose of loading
and unloading provided the following conditions are adhered to:
a. RVs and Travel Trailers may be present in the community between the hours of 2:00 PM and
10:00 AM. Only three (3) separate, not consecutive, entries into the community are allowed in
any seven (7) consecutive day period.
b. They are to be placed only on the Owner’s hard surfaced driveway or on the street in front of the
Owner's home.
c. No part of the RV, Travel Trailer, or towing vehicle may obstruct the sidewalk or block a fire
hydrant.
d. Water supply hoses shall only be deployed as long as necessary to fill storage tanks.
e. Electric cords shall not create a tripping hazard on sidewalks.
f. Generators are not to be run.
g. Sections 3.24.1 and 3.25 of the Declaration are still applicable.
h. The loading and unloading of an RV or Travel Trailer does not incorporate its use for living or
housing purposes while the vehicle is within the community.
i. Pop outs are not to obstruct the street or sidewalk.
j. Non compliance with these conditions will result in immediate daily fines.
k. It is the vehicle owner's responsibility to be aware of and in compliance with the City of Phoenix
codes in relation to parking on residential streets.
Y. WALLS AND FENCES
No alterations, changes or additions will be allowed to walls and/or fences originally installed by the
Declarant or a Developer for any Residential Unit without the prior written approval of the ARC.
Walls not provided by the Declarant or a Developer must be reviewed and approved in writing by the ARC
prior to installation. The procedures for submittal are described in Article 3, Section 3.2 of the
Declaration.
Construction or alteration of all walls and/or fences between Lots (“Common Walls” under the
Declaration) must also be approved in writing by the Owner of the adjacent Lot. See Article 7, Section
7.6 of the Declaration for repair and maintenance responsibilities.
9

All wrought iron will be the responsibility of the respective Lot Owner to maintain, repair and replace. All
wrought iron must be maintained in a rust free condition and painted in the color specified by the ARC
and the Board of Directors.
Z. YARD SALES AND GARAGE SALES
Yard sales, garage sales, moving sales and any other similar such sales conducted from individual
properties are not permitted without the prior written approval of the Board of Directors. It is anticipated
that a “Community Garage Sale” will be offered to and organized by the entire Stetson Hills Community
and will generally be permitted twice annually. Advanced permission from the Board of Directors must be
obtained by the organizer(s) prior to the event.
AA. DOWNSPOUTS AND GUTTERS:
Downspout and gutter installations must be approved by the ARC and shall match the adjacent trim and
body.
IV.
ARC AND PROPERTY OWNERS REQUIREMENTS
A. ARC
The ARC has been established to maintain the integrity of the architectural and design character
established at Stetson Hills. To this end and as part of its duties, the ARC will review all proposed
additions, improvements or alterations on all Lots as well as all landscaping, walls and fences on all Lots.
Article 5, Section 5.11 of the Declaration sets forth provisions with respect to the ARC, including
appointments to the Committee. Any and all approvals or denials will rest with the ARC.
B. PROPERTY OWNERS
Owners are required to submit plans to and receive written approval from the ARC prior to performing or
installing (i) any additions, alterations, restorations or modifications to Residential Units; (ii) exterior
painting; (iv) walls; (v) any concrete work or any other onsite Improvements specified within these Design
Guidelines; and (vi) any and all other onsite Improvements. It shall be the responsibility of all Owners to
comply with all standards and requirements of these Design Guidelines, as well as all requirements of the
Declaration or any governmental authority having jurisdiction.
C. SUBMITTAL FOR CHANGES AND ADDITIONS
1. Owners shall submit to the ARC through the management company an application form as provided
herein showing the plans for the proposed Improvement and as follows:
a. For landscaping plan approval or amendments to an approved landscaping plan, the Owner
shall submit two (2) copies of the landscaping plan for the Lot (no smaller than 8 ½” x 11” or
larger than 11” x 14”), including a description of all varieties and sizes of trees and shrubs, with
the location of each tree and shrub clearly delineated on the plan. To the extent the Owner can
color code the trees and shrubs and provide a legend, it will facilitate review.
b. In the event the Owner desires to install any hardscape, including but not limited to brick,
masonry, concrete, rocks or other inert material, such items shall be clearly marked on the
landscape plan and a legend shall be provided so that the ARC can easily determine the location
and type of material.
c. Lots have been designed and graded to provide positive drainage from the Lot and to protect
environmental resources. In the event the Owner’s plan proposes to alter the grade of the Lot,
the locations of all drainage structures and direction and slope of flow must be indicated on the
plan. The ARC’s approval of any plan shall not be deemed to constitute an assurance that the
grading or drainage change is properly engineered to avoid any undesirable impact.
d. Owners must be in good standing with the Association and must have no outstanding
assessments, fines or unresolved compliance issues in order for a review submittal to be
considered by the ARC.
e. For changes or additions to the Unit, the Owner shall submit two (2) copies of the plot plan and
two (2) copies of the floor plan for the model and elevation. On such plans, the Owner shall draw
the proposed changes or additions to the exterior elevation. If the Owner has a photograph of
another house or a picture out of a magazine that will assist the ARC, such photo should be
submitted. The application should contain a description of the materials and colors the Owner
plans to use in such changes or additions.
f. Owners are advised that the City of Phoenix requires certain permits, depending on the proposed
change or alteration. It is the Owner’s responsibility to comply with permit requirements. The
Owner shall provide the ARC with copies of any such required permits.
10

g. Prior to or concurrently with submittal of a request for a permit to be issued by the City of
Phoenix, the Owner shall obtain the approval of the ARC of any plans, changes or alterations
inclusive of, but not limited to, those items outlined above.
h. Any permit issued or approval given by the City of Phoenix will in no manner bind the ARC with
respect to approval or denial of an application for items submitted for consideration; the ARC
shall be fully independent and will have full authority for approval or denial of any such matters.
2. The ARC will review each submittal and respond within sixty (60) days after receipt of a complete
application for approval (the “Response Date”), by returning one set of plans to the Owner
accompanied by an Architectural Design Approval Form (initialed by at least two (2) Committee
Members) indicating the Committee’s decision, in one of the following three forms:
a. “Approved” – The entire document submitted is approved in total.
b. (b)“Approved with Stipulation” – The document submitted is partially approved. An Owner may
proceed with the work to be performed, unless noted otherwise; however, the Owner must
comply with any and all notations on the submittal. The response will set forth suggestions for
bringing disapproved items into conformity with the Declaration and these Design Guidelines.
c. (c)“Rejected” – The entire document submitted is not approved and no work may commence.
The response will set forth the reasons for disapproval thereof and, if applicable, suggestions for
bringing the document into conformity with the Declaration and these Design Guidelines.
d. (d)“Unable to Review – Need More Information” – An Owner may not proceed with work until any
and all additional information and/or documentation, as set forth in the response to the Owner, is
submitted. The sixty (60) day period for review by the ARC will begin anew (prior review time is
not applicable) with the submission of the additional information by the Owner.
3. In the event the ARC fails to respond by the Response Date, the document submitted will be deemed
to have been approved, except as to those submittals and requirements which are otherwise imposed
by or required under these Design Guidelines or the Declaration. ARC decisions shall be based
solely on the information contained in the submittal. Owners must call the Association Management
Company prior to starting any work if written approvals have not been received to ensure
correspondence has not been lost in the mail. The approval of the ARC may contain a deadline for
commencement and/or completion of work for which plans have been approved. If no deadline is
specified in the approval or per the Declaration, the deadline for completion of the approved work
shall be deemed to be sixty (60) days. If construction is not timely commenced and/or completed, the
ARC’s approval will be deemed withdrawn and such incomplete construction will be deemed to be in
violation of these Design Guidelines.
The ARC, the Association and their designated agents shall have the right, but not the obligation, to
enter any Lot to inspect any work requiring approval of the ARC, both during performance and after
completion of such work. Any work which has not been approved by the ARC, or which is not being
performed in accordance with the plans approved by the ARC, will be immediately removed by the
Owner of the Lot at such Owner’s sole cost and expense.
D. FEES
In accordance with Article 3, Section 3.2.9 of the Declaration, the ARC may establish and charge
reasonable fees for review of application hereunder and may require such fees to be paid in full prior to
review of any application. When making exterior home renovations and/or additions the following
guidelines apply:
1. In order to ensure compliance with the Stetson Hills Community residential design guidelines, Exhibit
C, Section B.6, dated August 1, 2003, square footage of the existing building footprint and square
footage of the proposed addition will need to be provided.
A check in the amount of $3,500 made payable to Stetson Hills Community Association, Inc. and
forwarded to AAM LLC, 7740 North 16 th Street, Suite 300, Phoenix, AZ 85020 will also need to be
provided.
a. $2,500 is a refundable construction compliance deposit.
b. $1,000 is to provide for professional architectural review of your plans and specifications.
c. The architect’s fee is an estimate for the architectural services if required to review your
design. The final amount will be determined by the scope for the services needed. Any
unused portion of the $1,000 will be refunded within a reasonable time following completion
of the architect’s services. If required by the project, any additional architectural fees must be
paid before approval is granted.
11

Upon completion of the project, the $2,500 will be refunded upon verification that construction was
completed as specified.
2. The above fee is for two purposes:
a. Two half size copies of the construction drawings to include project manual/specifications
must be provided to AAM. These drawings need to include the complete front elevation of
the existing structure and the existing structure with the addition.
b. Any approval by the ARC is conditional to the issuance of a building permit by the City of
Phoenix, and compliance with the review comments of the Professional Architect.
E. EFFECT OF BUILDING PERMITS
If the plans submitted by an Owner require a building permit, the approval by the ARC is not a guarantee
that such plans will be approved by the City of Phoenix. If the City of Phoenix requires modification to
such plans, such modifications must also be submitted to and approved by the ARC for the Owner to
remain in compliance with these Design Guidelines.
V. NON-LIABILITY FOR APPROVAL OF PLANS
PRIOR TO SUBMITTING PLANS AND INFORMATION FOR REVIEW, YOU SHOULD READ AND
UNDERSTAND THE DISCLAIMER IN ARTICLE 5, SECTION 5.4 OF THE DECLARATION. The review and
approval of any application pursuant to Article 3, Section 3.2 of the Declaration is made on the basis of
aesthetic consideration and neither the Association, its officers, the ARC, the Board of Directors, the
Association management agent or any member of the foregoing shall bear any responsibility for ensuring the
structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with
building codes and other governmental requirements. The Association, its officers, the ARC, the Board of
Directors, the Association management agent or any member of the foregoing shall not be held liable for any
injury, damages or loss arising out of the manner or quality of approved construction on or modifications to
any Lot. In all matters, the ARC and its members shall be defended and indemnified by the Association, as
provided in the Bylaws.
VI.
VII.
DAMAGE BY OWNER
If a Party Wall is damaged or destroyed by the act of one adjoining Owner, or his Occupants, invitees, lessees,
family members, employees or agents (whether or not such act is negligent or otherwise culpable), then that
Owner shall immediately rebuild or repair the Party Wall to its original condition without cost to the adjoining
Owner and shall indemnify the adjoining Owner from any consequential damages, loss or liabilities. No Owner
shall violate any of the following restrictions and any damage (whether cosmetic or structural) resulting from
violation of any of the following restrictions shall be considered caused by the Owner causing such action or
allowing such action to occur on such Owner's Lot:
a. No Owner shall allow sprinklers to spray to deliver water within five feet (5') of any wall.
b. No Owner shall allow any plant to attach to wall (e.g. ivy) Plants on view fence for privacy are
acceptable as long as the fence is maintained in a rust free and properly painted manner.
c. No Owner shall plant trees so as to cause damage to walls.
CHANGES AND AMENDMENTS TO THESE DESIGN GUIDELINES
These Design Guidelines may be amended as follows:
A. The ARC shall have sole and full authority to supplement and amend these Design Guidelines subject to
the supervision of the Stetson Hills Board of Directors.
B. Any amendment to these Design Guidelines will be promptly made available online to all Owners and
additional copies made available at the Association management company. Such amendments shall not
be retroactive to previous work or approved work in progress.
C. In no way will any amendment to these Design Guidelines change, alter or modify any provision of the
Declaration, the Articles or Bylaws of the Association.
12

Architectural Review Committee Submittal Stetson
Hills Community Association
Mail completed form to:
Stetson Hills Community Association
C/o AAM, LLC
7740 North 16 th Street, Suite 300
Phoenix, AZ 85020 (602) 957-9191 Fax: (602) 957-
8802
Please review the C.C. & R’s and current ARC guidelines before completing and
submitting your request. You must include a plot plan indicating location of the
work, with all applicable measurements and dimensions. Incomplete submittals
will be returned without ARC action. If you have not received an answer within 60
days, please contact the community manager.
Name:______________________________________ Date:_______________
Address:______________________________________Lot#_____________
Builder Name: __________________________________________________
Daytime Phone:_____________ Evening/Cell Phone:______________
Submittal: _____________________________________________________
Type of Material & Colors to Be Used (attach samples, pictures, brochures)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Contractors Name & Phone #______________________________________
______________________________________________________________I
understand that all work must be completed within 60 days from the date of the
approval letter. I understand that it is the homeowner's responsibility to obtain all
permits and to comply with all city, county, and state laws.
Homeowner Signature ____________________________________________
13

Stetson Hills Community Association Home Exterior Repainting Policy
Introduction:
The Stetson Hills Community Board of Directors has approved nine new exterior paint color schemes,
which are available in the Coventry, Morrison, Shea, Pulte subdivisions. Additionally, two new color
schemes are available for the T. W. Lewis subdivision.
Policy:
6. Homes that are to be repainted with the original color or one of the new color schemes will
require review and approval by the Board’s Architectural Review Committee. This review is to
insure diversity is maintained with adjacent houses and to insure compliance with submittals.
The new color schemes must be applied as stated i.e. Body. Accent, and Trim colors are not
interchangeable. Keep your roof tile color in mind if changing colors.
7. The Paint Application Submittal Form is available at http://www.stetsonhills.us/doc. Plot Plans
are not required with requests to repaint the house the original color or one of the new color
schemes.
8. Information on the new color schemes is available at Dunn-Edwards, 3410 West Bell Rd. and
at the Stetson Hills Website http://www.stetsonhills.us/.
9. The time limit to complete the painting will be 60 days from the time the approval letter is
mailed.
10. After completion of the painting the ARC members will do a follow up to insure compliance
with the color scheme submitted
Members are strongly encouraged to paint a small area with the paint they are planning to use to
insure it complies with their submittal.
14

CONSENT TO ACTION
BY THE BOARD OF DIRECTORS
STETSON HILLS COMMUNITY ASSOCIATION
FINE POLICY AND
VIOLATION APPEAL PROCESS
The undersigned, constituting a majority of the members of the Board of Directors of the
Stetson Hills Communrty Association, lnc., an An'zona nonprofit corporation, hereby take the
following action at a duly called meeting of the Board of Directors on January 13, 2009:
RESOLVED, that the Board of Directors hereby approves the attached Fine Policy and
Violation Appeal Process for the Stetson Hills Community Association, Inc., attached to this
resolution.
The Board of Directors hereby instructs the managing agent to nobfy all homeowners of the
implementation of the fine system effective as of March 1,2009.
IN WITNESS WHEREOF, the undersigned have executed this consent as of this 13th day of
January, 2009.
President
,'i
4-
Vice President
L m l e y
-
I
Secretary
. ge ill Treasurer
Director

EXHIBIT A
STETSON HILLS COMMUNITY ASSOCIATION
FlNE POLICY
Effective March 1, 2009
RESOLVED:
The Board of Directors of Stetson Hills Community Association has approved the following
FlNE SCHEDULE for any violation of the CC&Rs or-guidelines of the stetson Hills community
Association.
FIRST NOTICE:
An initial notice of the violation shall be mailed via regular mail to the homeowner, requesting
compliance within 14 days - NO FINE.
SECOND NOTICE:
If violation still exists, a second notice requesting compliance within 14 days shall be mailed
via regular mail to the homeowner - A $50.00 FlNE will be assessed with the second notice
and is due immediately.
THIRD NOTICE:
If violation still exists, a third notice requesting corr~pliance within 14 days shall be mailed to the
homeowner. A $100.00 FlNE will be assessed with the third notice and is due immediately.
CONTINUING VIOLATIONS:
If violation continues without resolution after the third notice, a FlNE of $150.00 shall be
assessed every 14 days until the violation is resolved. In addition, the Board shall have the
right to remedy the violation and/or take legal action, the cost of which shall be billed to the
Owner and collected in the same manner as assessments.
FINES:
No fine shall be imposed without first providing a written warning to the Owner describing the
violation and stating that failure to stop the violation within no less than fourteen (14) days, or
another recurrence of the same violation within twelve (12) months, shall make the Owner
subject to imposition of a fine.

IMMEDIATE FINES:
The association reserves the right, in thd sole discretion of the board or its designated
representative, to suspend the above fine schedule. Pursuant to this provision, the imposition
of fines shall begin immediately upon the date of the violation. Homeowners fined pursuant to
,this provision shall receive written notice of the fine, its terms and hislher ability to request a
hearing on the violation.
The following violations are examples of activities where a fine would be imposed immediately.
These violations include but are not limited to:
1. Private Garage, Yard, Moving andlor Estate Sales. lmmediate $1 50.00 Fine.
2. Moving and Storage Containers. (Must Be Parked In The Homeowner's Driveway)
lmmediate $1 50.00 Fine.
3. Dogs off leash (pursuant to Maricopa County's Leash Law) and Failure to Clean Up and
Appropriately Dispose of Pet Waste. lmmediate $1 50.00 Fine.
4. RV Access into Community - Failure to abide by the conditions established allowing RV
Access into the Community for LoadinglUnloading - lmmediate $150.00 Fine for each
day RV is in the community.
5. Failure to Obtain Required Approval from the Architectural Committee Prior To
Commencing with Any Exterior Building Improvements Including Painting on Any Lot.
lmmediate $500.00 Fine.
If the violation continues without resolution after 14 days, FINE of $150.00 shall be assessed
every 14 days until the violation is resolved. In addition, the Board shall have the right to
remedy the violation and/or take legal action, the cost of which shall be billed to the
homeowner and collected in the same manner as assessments.
APPEAL PROCESS:
See attached appeals process, Exhibit B, unchanged by this revision.

EXHIBIT B
STETSON HILLS COMMUNITY ASSOCIATION
VIOLATION APPEAL PROCESS
When a violation notice is issued t0.a homeowner, the notice includes a statement notifying the
homeowner of their "Right of Appeal."
If a homeowner wishes to appeal a violation, they must send written notice to the management
company of their request for an appeal of the violation.
Appeals shall be received within ten days of the date of the fine notification (violation letter).
Appeals shall demonstrate extenuating circumstances which require deviation from the
CC&Rs and/or other community rules and/or guidelines.
Appeals shall include all pertinent backup information to support the existence of the
extenuating circumstances.
All decisions of the Board are final and may not be appealed further.
Any appeal which fails to meet the above requirements shall be heard by the Board and shall be
considered DENIED.
The homeowner appealing the violation will be given written notice that the appeal has been
scheduled.
The appeal shall be held in Executive Session.
The Board President (or presiding officer) will introduce all parties.
Lengthy discussions are not a part of an appeal process.
The homeowner who is appealing will be asked to state their case and present any
documentation which is applicable to their argument.
Each Board member shall have the opportunity to ask the homeowner specific questions
regarding the appeal.
Upon completion of the question and answer period, the Board President (or presiding officer)
will state that the appeal has been heard and that the Board will reach their decision in closed
session. "Written Notice" of said decision will be issued to the homeowner within seven working
days of reaching a decision.
If the appeal is denied, the homeowner must bring the violation into compliance within 14 days.
If the violation still exists after those 14 days, the homeowner will be fined $1 50 and will
continue to be fined every 14 days until the violation is corrected. In addition, the Board of
Directors may at any time after denial seek legal action to remedy the violation. All costs of
legal action will be billed to the homeowner and collected in the same manner as assessments.