This is a retyped copy of the Starlight Pines Declaration of Covenants, Conditions and Restrictions. This is done for readability purposes only. Copies of the original are available. The Association takes no responsibility for this copy .
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
This Declaration made as of this 3rd day of April, 1984, by COMMONWEALTH TITLE OF ARIZONA, an Arizona corporation, as Trustee, as legal owner, and ROBERT STUDNEK, a single man, JAMES and HELEN STUDNEK, husband and wife, and STEPHEN and PATRICIA KOHNER, husband and wife, as present owners of the Second Beneficial Interest in Commonwealth Title of Arizona Trust No. 373, being (“Declarant”), executes this Declaration of Covenants, Conditions, and Restrictions, to run with the real property herein described for the purpose as herein set forth:
W I T N E S S E T H:
A. The Declarants own approximately 797 acres of land in Coconino County, Arizona. B. The Declarants intend to develop, in stages, the aforesaid lands now owned or hereafter acquired by it into a new and uniquely planned recreation property to be known as “Starlight Pines”.
C. At full development it is intended that such community will have residential and recreational areas, located in:
Section 31, Township 15 North, Range 12 East, Gila and Salt River Baseand Meridian, Coconino County, Arizona.
D. As part of the first stage of development of property the Declarants intend to develop six (6) units which, as of the date of recordation of the Declaration, are held in Trust by the parties making this Declaration and shall comprise the “Property”, a seventh (7th) unit will be developed by the Declarants which is a commercial unit and is not subject to this Declaration of Covenants, Conditions and Restrictions.
E. The Declarants desire to form a nonprofit corporation for the civic purposes of benefiting the Property, the Owners and the Residents (as said terms are defined hereinbelow) in the recreation area. Such nonprofit corporation, (hereinafter called the “Association”) will (i) require, construct, operate, manage and maintain facilities, services and programs in the community for the benefit of the Owners and Residents; (ii) establish, levy and collect the assessments and other charges imposed hereunder; (iii) use said assessments and charges for the aforesaid purposes; and (iv) as the agent and representative of the Owners and Residents of the Property, enforce all provisions hereof and enforce use and other restrictions imposed on various parts of the Property.
THEREFORE, Declarants hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, convenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
Section 1.1 “Architectural Committee” shall mean the committee created pursuant to Article X hereof.
Section 1.2 “Architectural Committee Rules: shall mean the rules adopted by the Architectural Committee.
Section 1.3 “Articles” Shall mean the Articles of Incorporation of the Association which shall be filed in the office of the Corporation Commission of the State of Arizona and said Articles may be amended from time to time.
Section 1.4 “Association” shall mean and refer to Starlight Pines Home Owner’s Association, an Arizona nonprofit corporation, its successors and assigns. The Declarant shall have the exclusive right to cause the Association to be incorporated.
Section 1.5 “Board” shall mean the Board of Directors of the Association.
Section 1.6 “Bylaws” shall mean the Bylaws of the Association, and such Bylaws may be
amended from time to time.
Section 1.7 “Declarant” shall mean ROBERT STUDNEK, a single man, JAMES and HELEN STUDNEK, Husband and Wife, and STEPHEN and PATRICIA KOHNER, Husband and Wife, as ratified by the joinder of Commonwealth Land Title Insurance Co., an Arizona Corporation, as Trustees under Trust Number 373.
Section 1.8 “Declaration: shall mean the covenants, conditions, and restrictions herein set forth in this entire document, as same may from time to time be amended.
Section 1.9 “Improvement” shall mean the buildings, garage, carports, roads, driveways, parking areas, fences, walls, decks, hedges, plantings, planted trees and shrubs, and all other structures or landscaping improvements of every type and kind.
Section 1.10 “Rules” shall mean the rules adopted by the Board, as they may be amended from time to time.
Section 1.11 “Lot” shall mean any parcel of real property designated as a Lot on any recorded subdivision map located within the Properties. A Lot shall be deemed “developed” when off-site streets and utilities have been completely installed. A lot shall be deemed “Improved” when a single family residence has been completely constructed thereon. All other Lots shall be deemed
Section 1.12 “Member” shall mean any person, corporation, partnership, joint venture or other legal entity who is a member of the Association.
Section 1.13 “Owner(s)” shall mean and refer to the record Owner, whether one or more persons or entities, of equitable or beneficial title (or legal title if same has merged) of any Lot. “Owner” shall include the purchaser of a Lot under an executory contract for the sale of real property.
The foregoing does not include persons or entities who hold an interest in any Lot merely as security for the performance of an obligation.
Section 1.14 “Properties” and or the name Starlight Pines shall mean and refer to that certain real property hereinbefore described.
Section 1.15 “Public Purchaser” shall mean any person or legal entity who becomes on Owner of any Lot within the Properties.
Section 1.16 “Single Family” shall mean a group of one or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than three (3) persons not all so related, together with their domestic servants, who maintain a common household in a dwelling.
Section 1.17 “Single Family Residential Use” shall mean the occupation or use of a single family residence in conformity with this Declaration and the requirements imposed by applicable zoning laws or other state, county or municipal rules and regulations.
Section 1.18 “Subdivision Map” or “Subdivision Plat” shall mean a recorded map or plat covering any or all of the property referred to in this Declaration.
Section 1.19 “Visible From Neighboring Property” shall mean, with respect to any given object, that such object is or would be visible to a person six feet tall, standing on any part of such neighboring property at an elevation no greater than the elevation of the base of the object being
Section 1.20 “Annual Charge” shall mean the charge levied and assessed each year against each Lot within the Assessable Property, as defined hereinbelow.
Section 1.21 “Assessable Property” shall mean the entire Property, as defined hereinbelow, except such part or parts thereof as may from time to time constitute Exempt Property, as defined hereinbelow.
Section 1.22 “”Assessed Valuation” shall mean:
(i) In each year, the valuation of land and permanent improvements as it appears on the assessment rolls of Coconino County for real estate tax purposes, as assessed or determined in such manner as may from time to time be provided by applicable law.
(ii) If Coconino County ever ceases to have an assessment roll for real estate tax purposes, then in each year thereafter the valuation of land and permanent improvements as it appears on the assessment rolls of the State of Arizona, or absent that, then as it appears on the assessment rolls of any other political subdivision of the State of Arizona reflecting valuations of land and improvements within the Property for real estate tax purposes, as assessed or determined in such manner as may from time to time be provided by applicable law.
(iii) If Coconino County, the State of Arizona and political subdivisions of the State ever cease to impose real estate taxes on all or a particular type of real property (such as residential property or industrial property) within the Property, then in each year thereafter the “Assessed Valuation” for any such real property shall mean the valuation established from time to time (but not less than once every three years) by such an independent real estate appraisal firm experienced in the business of appraising properties as may be selected by the Board. Any such firm shall establish its valuations by using, to the greatest extent possible, the methods last used by the County, State or other political subdivision taxing authorities.
Section 1.23 “Association Land” shall mean such part or parts of the Property, together with Permanent Improvements thereon, as define hereinbelow, as may be owned at any time hereafter by the Association, for as long as the Association is the Owner thereof.
Section 1.24 “Community Facilities” shall mean such portions of the Association Land designated by the Association pursuant to Article IX hereof for the use of the Owners and Residents.
Section 1.25 “Deed” shall mean a deed or other instrument conveying the fee simple title in a “Lot”, as defined hereinbelow.
Section 1.26 “Exempt Property” shall mean the following parts of the property(i) All land and Permanent Improvements owned by the United States, the State of Arizona, Coconino County, or any political subdivision thereof, for as long as any suchentity or
political subdivision is the Owner thereof;
(ii) All land and Permanent Improvements owned by a charitable or nonprofit organization exempted (at the time of assessment by the Association) from payment of real property taxes by the laws of the State of Arizona, for as long as such entity is the Owner thereof;
(iii) All Association Land, for as long as the Association is the Owner thereof.
Section 1.27 “Property” shall mean as follows:
(i) At the time of the recordation of the Declaration, the term “Property” shall mean the
(Scratched out paragraph deleted from this text.)
Starlight Pines Unit 1, according to the Plat record on 4/3/84, in Case 4 of Maps, Map 1 and 1A, records of Coconino County,
Arizona; and Any and all streets and highways now or hereafter constructed which border the perimeters of the aforedescribed land.
(ii) From and after the building, installation or erection of each new Permanent Improvement on the land described in subparagraph (i) or added pursuant to subparagraph (ii) above, the term “Property” also shall include each such new Permanent Improvement.
COVENANTS BINDING ON PROPERTY AND OWNERS
Section 2.1 Property Bound. From and after the date of recordation of this Declaration, the Property shall be subject to the covenants, conditions and restrictions, assessments, charges, servitudes, liens, reservations and easements (hereinafter collectively referred to as “Covenants”) hereinafter set forth, and said Covenants shall run with, bind and burden the Property.
Section 2.2 Owners Bound. From and after the date of recordation of this Declaration, the Covenants shall be binding upon each Owner and their heirs, executors, administrators, successors and assigns. The Owner for themselves, their heirs, executors, administrators, successors and assigns, expressly agrees to pay, and be personally liable for, the assessments provided for hereunder, and to be bound by all of the Covenants herein set forth. Each Owner shall be and remain personally liable, regardless of whether they have transferred title to their Lot, for the amount of assessments (together with interest thereon, costs of collection and attorney’s fees, if any) which fell due while the Owner held record title to his Lot. No Owner shall escape personal liability for the assessments herein provided by nonuse of Property or transfer or abandonment of his Lot. The Owner’s personal obligation shall not pass to a successor Owner unless expressly assumed by the successor Owner; but any such assumption of personal liability by a successor Owner shall not relieve the prior Owner of his personal liability for the Amount of Assessments which fell due while the prior Owner held record title to his Lot.
LAND USE CLASSIFICATIONS, PERMITTED USES AND RESTRICTIONS
Section 3.1 Permitted Uses and Restrictions – Single Family. The permitted uses, easements, and restrictions for all property with the Properties covered by this Declaration, shall be as follows:
(a) Single Family Residential use. All STARLIGHT PINES PROPERTIES shall be used, improved and devoted exclusively to Single Family Residential Use. No business activity of any kind whatsoever shall be conducted on any such property, with the sole exception of sales office; which Lot shall be designated prior to sales and said office shall remain a sales office only for the
period of time required to sell the Lots. Nothing herein shall be deemed to prevent the leasing of any such property to a single family from time to time by the Owner thereof, subject to all of the provisions of the Declaration. All buildings and structures erected on such property shall be of new construction and no building or structure shall be moved from any other location onto said property. No structure whatever, other than one private, Single Family Residence, shall be erected, placed or permitted to
remain on any Lot. No building or structure of residential purpose shall be erected or maintained separate from the residence hereinabove referred to. No dwelling or residence shall be erected, permitted or maintained having a ground floor area of less than seven hundred fifty (750) square feet, exclusive of an open porch, carport or garage. No premises shall be used for hospitals, sanitariums, nor shall any dwelling be occupied for the case or lodging or entertainment, whether for hire or charitable purposes, of persons suffering from injury, ill health or disease. No part of any dwelling shall be used for the lodging of paying guests.
Section 3.2 No elevated tanks of any kind shall be erected, placed or permitted upon any of said lots. Any tanks for use in connection with any residential construction on said property, including tanks for the storage of gas and fuel oil, must be walled in or kept screened by adequate planting to conceal it from the neighboring tracts, roads and streets. No metal chain link fence shall be erected on any lot; except that a four (4) wire or chain link fence will be permitted to protect vegetable gardens. Horse corrals shall be constructed of round metal posts with four (4) round metal rails to a height of sixty (60) inches.
Section 3.3 The perimeter of the lot may be fenced with wood rail fencing, up to but not exceeding three (e) feet in height. All fencing, except horse corrals, and garden fencing must be natural materials and complimentary to the area. No “for sale” signs or advertising signs of any nature shall be erected or displayed on such lots without prior written approval of the Association.
Section 3.4 No changes or deviations in or from such plans and specifications once approved shall be without the prior written approval of the Declarant or Architectural Committee or Association. All decisions of the Declarant or Architectural Committee or Association shall be final and no Lot owner or other parties shall have recourse against the Declarant or Architectural Committee or Association for its refusal to approve any such plans and specifications or plot plan, including lawn area and landscaping. No building material of any kind or character shall be placed upon any lot except in connection with construction approved as herein provided. As soon as building materials are placed on any lot in such connection, construction shall be promptly commenced and diligently prosecuted in order that such construction shall be completed within six (6) months of the date construction is started.
Section 3.5 Driveways. All driveways which are established upon a lot by an owner shall be surfaced or paved. On site material shall not be permitted and the location of said access and driveway shall be approved by Declarant or Architectural Committee prior to any use or improvement.
Section 3.6 Temporary Occupancy. No temporary building or structures shall be maintained on any lot per Section 14.1 G of Coconino Planning and Zoning regulations as provided for in Section 3.7.
Section 3.7 Trailers and Motor Vehicles. Except with approval of the Declarant or Architectural Committee, no mobile home, bus motor home, truck larger than 3/4 ton, trailer of any kind, mini-bike, truck camper, or permanent tent or similar structure shall be kept, placed (except during the course of making deliveries or for purposes of loading or unloading) maintained, constructed, reconstructed or repaired, upon any property or street (public or private) within the Properties in such a manner as will be visible from neighboring property; provided, however, that the provisions of this paragraph shall not apply to emergency vehicle repairs and/or used exclusively in connection with; the construction of any improvements approved by Declarant or the Architectural
Section 3.8 Maintenance of Lawns and Plantings.
Section 3.8.1 By Owner. Each Owner of a lot within the Properties shall keep his lot free of trash and other unsightly material. No Owner shall cut down any tree larger than two (2) inches in diameter without the consent of the Declarant, the Association or Architectural Committee.
Section 3.8.2 By Declarant or The Association. Declarant or the Association shall have the right , at any time, to plant, replace, maintain and cultivate shrubs, trees, grass and plantings on any property within the Properties other than on a Lot, and on such easements over an owner’s Lot as may have been granted to Declarant or the Association regardless of whether any Owner or the
Association is responsible hereunder for maintenance of such area. No Owner shall remove, alter, injure or interfere in any way with any shrubs, trees, grass or plantings placed upon any such property by Declarant or the Association without the written consent of the Association or Architectural Committee having first been obtained.
Section 3.9 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any property within the Properties, and no odors shall be permitted to arise therefrom, so as to render any such property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants. No nuisance shall be permitted to exist or operate upon any such property so as to be offensive or detrimental to any other property in the vicinity thereof or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other devices, except security devices used exclusively for security purposes, shall be located, used or placed on any such property. The Board in its sole discretion shall have the right to determine the existence of any such
Section 3.10 Repair of Buildings. No building or structure upon any property within the Properties shall be permitted to fall into despair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished.
Section 3.11 Trash Containers and Collection. No garbage or trash shall be placed or kept on any property within the Properties except in covered containers of a type, size and style which are approved by the Architectural Committee. In no event shall such containers be maintained so as to be visible from neighboring properties. All rubbish, trash, or garbage shall be removed from the lots and shall not be allowed to accumulate thereon. No incinerators for burning trash or garbage shall be kept or maintained on any lot, nor shall garbage or trash be permitted to be buried on any lot at any time. A central trash collection system may be used in the subdivision.
Section 3.11.1 Fires. No fire of any kind is permitted at any time for any reason with the sole exception of cooking food and then such fire must be confined to a barbecue type container, either free standing or built in, and in no manner will such barbecue fire be directly on the ground.
Section 3.12 Clothes Drying Facilities. Outside clothes lines or other outside facilities for drying or airing clothes may be erected, placed or maintained on any property within the Properties provided they are: 1. more than twenty (20) feet from the property line and erected, placed and maintained exclusively within a fixed service yard or otherwise concealed; 2. not visible from
neighboring property; and 3. approved by Declarant or the Architectural Committee.
Section 3.13 Right of Way. During reasonable hours, Declarant, any member of the Architectural Committee, any member of the Association Boards or any authorized representative of any of these Boards shall have the right to enter upon and inspect any property during course of construction within the Properties, and the improvements thereon, for the purpose of ascertaining
whether or not the provisions of this Declaration have been or are being complied with, and such persons shall not be deemed guilty of trespassing by reason of such entry.
Section 3.14 Mineral Exploration. No property within the Properties shall be used in any manner to explore for or to remove any water, except as reserved in Article III, oil or other hydrocarbons, minerals or any kind, gravel, earth or any earth substance of any kind.
Section 3.15 Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any property within the Properties except such machinery or equipment as is usual and customary in connection with the use, in construction of the residence, or other improvements, and except that which Declarant or the Association may require for the operation and maintenance of the Properties.
Section 3.16 Disease and Insects. No owner shall permit any thing or condition to exist upon any property within the Properties which shall induce, breed or harbor infectious plant diseases or noxious insect.
Section 3.17 Restriction on Further Subdivision. No lot within the Properties shall be further subdivided or separated into smaller lots or parcels by any owner, and no portion less than all of any such lot, nor any easement or other interest therein, shall be conveyed or transferred by any owner without the prior written approval of the Board. This provision shall not, in any way limit Declarant from subdividing or separating into smaller lots or parcels any property within the Properties owned by Declarant. No portion of a lot, but for the entire lot, together with the improvements thereon, may be rented and then only to a single family.
Section 3.18 Signs. No signs or billboards whatsoever (including but not limited to commercial, “For Sale” political and similar signs) which are visible from neighboring property shall be erected without a sign permit from the County Building Department or maintained on any lot or parcel of property with the Properties except:
Section 3.18.1 Such signs as may be required by legal proceedings;
Section 3.18.2 Not more than two (2) residential identification signs each of a combined total face area of seventy-two (72) square inches or less,
Section 3.18.3 During the time of construction of any building or other improvement one job identification sign not larger than eighteen (18) by twenty-four (24) inches in height and width and having a face area not larger than three (3) square feet;
Section 3.18.4 Such signs the nature, number, and location of which have been approved in advance by the Declarant or Architectural Committee; and
Section 3.18.5 Such signs, the number, type and size of which as may be approved from time to time by Declarant for developers.
Section 3.19 Declarant’s Exemption. Nothing contained in this Declaration shall be construed to prevent the erection or maintenance by Declarant or developers, or their duly authorized agents of structures, improvements or signs necessary or convenient to the development, sale, operation or other disposition of property within the Properties, and then only for the period of time it may require to sell all original lots of Starlight Pines.
Section 3.20 Utility Easements. There is hereby created a blanket easement upon, across, over and under for ingress, egress, installation, replacing, repairing and maintaining all utility and service lines and systems, including, but not limited to, water, sewers, gas, telephones, electricity, television cable or communication lines and systems, etc. By virtue of this easement, it shall be
expressly permissible for
the providing utility or service company to install and maintain facilities and equipment on said property and to affix and maintain wires, circuits and conduits on, in and under the roofs and exterior walls of residences constructed thereon. This easement shall in no way affect any other recorded easements on Starlight Pines.
Section 3.21 Cleaning and Damage Deposit. A cleaning and damage deposit of $500.00 shall be required from each lot owner at the time of plan approval to insure that construction is completed in a workmanlike manner. The deposit shall be deposited into a Trust Account for the benefit of the Declarant or the Association and is subject to being returned in full or in part by application to
Declarant, Architectural Committee or Agents approval of the completion of improvements done on
Section 3.22 Animals. No animals other than a reasonable number of generally recognized house or yard pets or horses shall be maintained on any property within the Properties and then only if they are kept bred or raised thereon solely as domestic pets and not for commercial purposes. (Max: 3 horses per lot.) (See Amendment 1, page 25)
Section 3.23 Antennas. No antenna or other device for the transmission or reception of television or radio signals or any other outdoors on any lot within the Properties unless approved by the Architectural Committee.
Section 3.24 Improvements and Alterations. No improvements, alterations repairs, excavation or other work which in any way alters the exterior appearance of any lot or other property within the improved state existing on the date such lot or property was first conveyed in fee by Declarant to a Public Purchaser shall be made or done without the prior approval of the Declarant or the
Architectural Committee, except as otherwise expressly provided in this Declaration. No building, fence, wall, screen, residence or other structure shall be commenced, erected, maintained, improved, altered, made or done in respect of any lot or other property within the Properties without the prior written approval of the Declarant or Architectural Committee or any committee established by the Declarant or Architectural Committee. Pursuant to its rule-making power, Declarant or the Architectural Committee shall establish a procedure for the preparation, or improvements. The Declarant or Architectural Committee shall have the right to refuse or approve any plans or specifications or grading or other reasons, and in so passing upon such plans, specification and
grading plans, and without any limitation of the foregoing it shall have the right to take into consideration the suitability of the proposed building or other structure, and of the materials of which it is to be built, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from the adjacent or neighboring property. All subsequent additions to, changes or alternations in any building, fence, wall or other structure including exterior color scheme, shall be subject to the prior approval of the Architectural Committee along with the appropriate permits from the County.
STARLIGHT PINES HOMEOWNERS ASSOCIATION
Section 4.1 Organization.
Section 4.1.1 The Association. The association to be called Starlight Pines Homeowners Association shall be or is a nonprofit Arizona corporation charged with the duties and vested with the powers prescribed by law and set forth in the Articles and Bylaws of the Association, and the Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed
or interpreted so as to be inconsistent with this Declaration. Said Association shall be formed by Declarant at such time as Declarant deems appropriate but not later that when seventy percent (70%) of the lots are sold, or within three (3) years of the date of the conveyance of the first lot within the Properties sold to a Public Purchaser, whichever comes first.
Section 4.1.2 Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such Officers and the Directors may elect or appoint, in accordance with the Articles and the Bylaws, as same may be amended from time to time.
Section 4.2 Powers and Duties of the Association. The Association shall have such rights, duties and powers as set forth in the Articles and Bylaws, as same may be amended from time to time.
Section 4.3 The Properties Rules. By a majority vote of the Board, the Association may, from time to time and subject to the provisions of this Declaration, adopt, amend, and repeal rules and regulations to be known as the “Properties Rules.” The Properties Rules may restrict and govern the use of any area by any owner, by the family of such owner, or by any invitee, licensee or lessee of
such owner; provided, however, that the Properties Rules may not discriminate among owners and shall not be inconsistent with this Declaration, the Articles or Bylaws of the Association. A copy of the Properties Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each owner and may be recorded. Upon recordation, said Rules shall have the same force and effect as if they were set forth in and were a part of the Declaration.
Section 4.4 Personal Liability. No member of the Board or any committee of the Association, or any officer of the Association, shall be personally liable to any owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account for any act, omission, error or negligence of the Association, the Board, or any other representative or employees of the Association, or the Architectural Committee, or any other committee, or any officer of the Association, provided that such person has, upon the basis of such information as may be possession by him, acted in good faith, without willful or intentional
MEMBERSHIP AND VOTING RIGHTS
Section 5.1 Association’s Rights and Powers as Set Forth in Articles of Incorporation and Bylaws. In addition to the rights and powers of the Association set forth in this Declaration, the Association shall have such rights and powers as are set forth in its Articles of Incorporation and Bylaws. Such rights and powers, subject to the approval thereof by any agencies or institutions
deemed necessary by the Declarant, may encompass any and all things which a natural person could do or which now or hereafter may be authorized by law, provided such Articles and Bylaws are not inconsistent with the provisions of this Declaration and are necessary, desirable or convenient for effectuating the purposes set forth in this Declaration. After incorporation of the Association, a copy of the Articles of Incorporation and Bylaws of the Association shall be available for inspection at the
office of the Association during reasonable business hours. Copies of said Articles of Incorporation and Bylaws may be purchased for such reasonable fees as may be prescribed by the Association.
Section 5.2 Association’s Rights of Enforcement of Provision in Other Instruments Affecting the Property. The Association, as the agent and representative of the Owners, shall have the right to enforce the Covenants set forth in this Declaration and/or any and all covenants, restrictions, reservations, servitudes, assessments, conditions, liens or easements provided for in any contract,
deed, declaration of restrictions or other instrument affecting all or any part or parts of the Property. Any such instrument shall have been executed pursuant to, or subject to, the provisions of this Declaration, or otherwise shall indicate that the provisions of such instrument were intended to be enforced by the Association of the Declarant, its successors or assigns or any homeowner
Section 5.3 Contracts with Others for Performance of Association’s Duties: Subject to the restrictions and limitations contained herein, the Association may enter into contracts and transactions with Starlight Construction, Inc., its subsidiaries and affiliated companies, and such contracts or transactions shall not be invalidated or in any way affected by the fact that one or more
directors of the Association is employed by or otherwise connection with Starlight Construction, Inc., its subsidiaries and affiliates, provided that the fact of such interest shall be disclosed or known to the other directors acting upon such contract or transaction and provided further that the transaction or contract is fair and reasonable, and any such director may be counted in determining the existence of a quorum at that meeting of the Board of Directors of the Association which shall authorize any such
contract or transaction and may vote there at to authorize any such contract or transaction with like force and effect as if he were not so interested.
Section 5.4 Mergers and Consolidations. The Association shall have the right and power to participate in mergers or consolidations with any other nonprofit corporations or associations regardless of whether the objects, purposes rights and powers of such nonprofit corporations or associations are lesser than, the same as, or greater than those of the Association. Any proposed
merger or consolidation shall not be effective or voted upon by the Owners without prior approval of the Board of Directors of the Association. Any such mergers or consolidations shall be consummated only upon an affirmative vote of the Owners of two-thirds of the Lot as defined for voting purposes at an election held for such purpose in the manner provided in Section 5.5. Upon any such merger or consolidation, all of the properties, rights and obligations of the other nonprofit corporation or association shall be transferred to and assumed by the Association as the survivor, or alternatively, all the properties, right and obligations of the Association shall be transferred to and assumed by the surviving or newly created nonprofit corporation or association.
Section 5.5 Membership in the Association; Voting Rights; Rationale of Representation. Immediately upon the issuance of a Certificate of Incorporation to the Association, each and every Owner, by virtue of being an “Owner”, automtically shall be a member of the Association. The Owners, as members of the Association, shall have the right of representative voting as provided in the Articles of Incorporation of the Association. Each Owner will be entitled to one vote for each Lot (as defined for voting purposes) owned by them. It is to be understood that such voting rights effectively will be limited until the last stages of development of the entire STARLIGHT PINES by the Declarant. The Articles of Incorporation of the Association basically will provide that the Board, which shall have the exclusive right of determining and transacting the affairs of the Association, initially will consist of five (5) directors, each of whom shall be an employee, representative or designee of the Association. The Articles will provide that thereafter, upon the completion of constructions and/or occupation of 100 dwelling units within the Property, the Owners shall be entitled to have one director added to the initial five-man Board, until the total number of directors on the Board equals nine (9). At that time (when 400 dwelling units have been constructed and/or occupied within the Property), the
total number of directors on the Board (nine) shall remain static. The Articles of Incorporation further shall provide that upon the first to occur of either of the following events:
( i ) A total of 400 dwelling units are constructed and/or occupied within the property; or
( ii ) December 31, 1990;
the Owners thereafter shall be entitled to elect the entire Board (including the 5 directors, or their respective successors, theretofore elected by the Declarants) of the Association as provided in the Association’s Articles of Incorporation. The rationale of the foregoing voting plan is to permit the Company to have control of the Board (and thus control all acts by the Association) for a reasonable time to accomplish its overall plan of development for the model community of STARLIGHT PINES, and yet make it possible for the Owners to have increasing rights of representation in the preparation for assuming full control of the Board and the affairs of the Association.
ASSESSMENT OF ANNUAL CHARGE
Section 6.1 Maximum Annual Charge. (See Amendment , Page 29)
( v ) That unless the Owner shall pay the Annual Charge on or before the first semi-annual installment due date, or pay the semi-annual installments on or before their respective due dates, the Annual Charge or the semi-annual installments not so paid when due shall be deemed delinquent and shall bear interest from such due date at the rate of Twelve percent (12%) per annum
until paid, and the Owner shall be liable for all costs, including attorney’s fees, which may be incurred by the Association in collecting the same.
Section 6.6 Rules Regarding Billing and Collection Procedures. The Association shall have the right to adopt rules and regulations setting forth procedures for the purpose of making the assessments provided herein and for the billing and collection of the Annual Charges, provided that said procedures are not inconsistent with the provisions hereof.
Section 6.7 Evidence of Payment of Annual Charge. Upon receipt of a written demand by an Owner or any other person, the Association within a reasonable period of time thereafter shall issue to such Owner or other person a written certificate stating ( i ) that all annual charges (including interest, costs and attorney’s fees, if any, as provided in Section 6.5 above) have been paid with
respect to any specified lot as of the date of such certificate, or ( ii ) if all annual charges have not been paid, the amount of such annual charges (including interest, costs and attorney’s fees, if any) due and payable as of such date. The Association may make a reasonable charge for the issuance of such certificates, which charge 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 in question.
IMPOSITION OF LIEN; EXEMPTIONS; OWNER’S AGREEMENT
Section 7.1 Imposition of Assessment Lien and Priority of the Lien. Each Lot shall be charged with and subject to a continuing servitude and lien from the date of recordation of this Declaration for the amount of the annual charge assessed and levied against each such Lot. The lien (hereinafter called the Assessment Lien) against each such Lot shall be superior to any and all other charges, liens or encumbrances which hereafter in any manner may arise or be imposed upon each such Lot,
except that such Assessment Lien shall be subject and subordinate to:
( i ) Liens for taxes and other public charges which by applicable law are expressly
made superior; and
( ii ) All liens recorded in the office of the County Recorder of Coconino County, Arizona, prior to the date of recordation by the Declarant of an instrument (hereinafter called the “Notice of Priority”), which will establish, as to all of the Property, the date of priority of the Assessment Lien as being the date of recordation of the Notice of Priority. The Declarant may record the Notice of Priority at any time after the issuance of a Certificate of Incorporation to the Association. All liens recorded after the recordation of the Notice of Priority shall be junior and subordinate to the Assessment Lien. All liens recorded prior to the recording of the Notice of Priority shall remain superior to the Assessment Lien. This provision shall apply to all Property, except that as to such
added lands, any mortgage or other lien recorded prior to the addition of the lands to the Property shall be superior to the Assessment Lien, even though such lands are added to the Property after the recordation of the Notice of Priority. However, if any mortgage or lien recognized as superior to the Assessment Lien under this provision is subsequently increased, refinanced, or modified in any way, such lien shall thereupon immediately and automtically lose its superiority to the Assessment Lien
under this provision is subsequently increased, refinanced, or modified in any way, such lien shall thereupon immediately and automatically lose its superiority to the Assessment Lien and become junior and subordinate to the Assessment Lien.
Section 7.2 Property Exempted from the Annual Charge and Assessment Lien. Exempt Property shall be exempted from the assessment of the Annual Charge and the Assessment Lien; provided, however, that in the event any change of ownership of Exempt Property results in all or any part thereof becoming Assessable Property in any year, the same thereupon shall be subject to the assessment of the Annual Charge (prorated the first year as of the date if became Assessable Property) and the Assessment Lien.
Section 7.3 Owners’ Promises Regarding Annual Charge and Assessment Lien. Each Owner, for themselves, heirs, executors, administrators, successors and assigns, covenants and agrees ( i ) that they will pay to the Association when due the Annual Charge assessed by the Association in each year against their Lot; ( ii ) that they acquired their Lot subject to the Annual Charge and
Assessment Lien; and ( iii ) that by accepting a Deed to his Lot, they shall be, and remain, personally liable for any and all Annual Charges assessed against their Lot while they are (or was) the Owner thereof, regardless of whether such covenants or agreements are expressed in such Deed and regardless of whether they signed the Deed.
ENFORCEMENT OF PAYMENT OF ANNUAL CHARGE AND LIEN
Section 8.1 Association as Enforcing Body. The Association, as the agent and representative of the Owners, shall have the exclusive right to enforce the provisions of this Declaration. However, if the Association shall fail or refuse to enforce this Declaration for an unreasonable period of time, they or any Owner may enforce them on behalf of the Association by any appropriate action, whether in law or in equity.
Section 8.2 Association’s Remedies to Enforce Payment of Annual Charge. If the Owner of any Lot fails to pay the Annual Charge or semi-annual installments when due (as set forth in Section 8.6 above), The Association may enforce the payment of the Annual Charge and/or the Assessment Lien against the Lot by taking either or both of the following actions, concurrently or separately (and by exercising either of the remedies hereinafter set forth, the Association does not prejudice or waive its right to exercise the other remedy):
( i ) Bring an action at law against the Owner personally obligated to pay the Annual
( ii ) Foreclose the Assessment Lien against the Lot in accordance with the then prevailing Arizona law relating to the foreclosure of realty mortgages (including the right to recover any deficiency), and the Lot may be redeemed after foreclosure sale as provided by law.
Section 8.3 Effect of Foreclosure of Mortgage on Assessment Lien. In the event of ( i ) any foreclosure of any mortgage lien or other lien against a Lot recorded prior to the date of recordation of the Notice of Priority, or ( ii ) any foreclosure of any mortgagor other lien against lands which were added to the Property after the recordation of the Notice of Priority, then in either of such events (and only in such events), the purchaser at the mortgage foreclosure sale, or any grantee taking by deed in lieu of foreclosure, shall take the Lot free of the Assessment Lien for all Annual Charges that have accrued up to the date of issuance of a sheriff’s deed or deed in lieu of foreclosure; but upon the date of issuance of a sheriff’s deed or deed in lieu of foreclosure, the Assessment Lien immediately shall become and remain superior to any and all other charges, liens or encumbrances (except liens for taxes and other public charges which by applicable law are expressly made superior), and such mortgage foreclosure sale purchaser or grantee shall take subject to all Annual Charges accruing subsequent to the date of issuance of a sheriff’s deed or deed given in lieu of foreclosure
Section 8.4 Costs to be Borne by Owner in Connection with Enforcement of Payment of Annual Charge. In any action taken pursuant to Section 8.2, the Owner shall be personally liable for, and the Assessment Lien shall be deemed to secure the amount of, the Ammual Charge together with the interest, costs and attorney’s fees as provided in Section 6.5.
EASEMENTS AND RIGHTS OF ENJOYMENT IN COMMUNITY FACILITIES
Section 9.1 Owners’ and Residents’ Easements and Rights of Enjoyment in Community Facilities. Subject to the controls and limitations set forth in herein, every Owner, by reason of such ownership, shall have a right and easement of enjoyment in and to all Association Lands and community Facilities, and such easement shall be appurtenant to and shall pass with every Lot upon
transfer. All Residents shall have a non-transferable privilege to use and enjoy all Association Lands and Community Facilities for as long as they are “Residents”.
Section 9.2 Rules Regulating Use of Community Facilities. All rights, easements and privileges granted and conferred shall be subject to the exclusive right of the Association to adopt from time to time reasonable rules and regulations pertaining to the use of Association Lands and Community Facilities. Said rules and regulations shall be such they, in the absolute discretion of the
Board, enhance the preservation of the Association Lands and Community Facilities or the safety and convenience of the users thereof, or otherwise shall serve to promote the best interest of the Owners and Residents.
Section 9.3 Suspension of Rights of Enjoyment in Connection with Enforcement of the Covenants. The Association shall have the right to suspend the aforesaid rights of enjoyment of any Owner (and the privilege of each Resident claiming through such Owner) for ( i ) any period during which the Annual Charge assessed to such Owner remains delinquent and unpaid, or ( ii ) any
reasonable period up to but not in excess of 90 days in connection with the enforcement of any of the Association’s rules or regulations relating to the Association Lands or Community Facilities.
Section 9.4 Greenbelts. Those areas which are dedicated on the plat of record entitled “Greenbelts” shall be dedicated to the owners of the property use. There shall be no motorized vehicle usage of the greenbelt areas. Traffic shall be limited solely to foot traffic and/or horseback travel by the owners of the property.
Section 10.0 Organization, Power of Appointment and Removal of Members. At a time designated by Declarant, Declarant may cause an Architectural Committee to be organized as
Section 10.1 Committee Composition. The Architectural Committee shall consist of three (3) regular members and two (2) of the three (3) members must be an Owner. None of such members shall be required to be an architect or to meet any other particular qualification for membership. A member need not be, but may be, a member of the Board or an officer of the Association. Declarant
shall be a fourth member of the Architectural Committee with full power so long as Declarant owns a Lot in the subdivision, or until Declarant elects to resign.
Section 10.2 Terms of Office. The initial members of the Architectural Committee shall be appointed by the Board of the Association, each to serve a three (3) year term. Thereafter the terms of each Architectural Committee appointed shall be for a period of three (3) years and, thereafter, until the appointment of his successor. Any new member appointed to replace a member who has resigned or been removed shall serve such member’s unexpired term. Members who have resigned, been removed or whose terms have expired may be reappointed.
Section 10.3 Appointment and Removal. The right to appoint and remove all regular members of the Architectural Committee at any time, shall be and is hereby vested solely in the
Section 10.4 Resignations. Any regular member of the Architectural Committee may at any time resign from the Committee by giving written notice thereof to the Declarant or to the Board, whichever then has the right to appoint Committee members.
Section 10.5 Vacancies. Vacancies on the Architectural Committee, however caused shall be filled by the Board. A vacancy or vacancies on the Architectural Committee shall be deemed to exist in case of the death, resignation or removal of any regular or alternate member.
Section 10.6 Duties. It shall be the duty of the Architectural Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof, to adopt Architectural Committee Rules to perform other duties delegated to it by the Board, and to carry out
all other duties imposed upon it by the Properties Restrictions.
Section 10.7 Meetings and Compensation. The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder. Subject to the provisions of Article X, the vote or written consent of any two (2) regular members, at a meeting or otherwise, shall constitute the act of the Committee unless the unanimous decision of the Committee is required by any other provision
of the Properties Restrictions. The Committee shall keep and maintain a written record of all action taken by it at such meetings or otherwise. Members of the Architectural Committee shall receive from the Association such compensation for services rendered as may be fixed by the Board; provided, however, that no Board member who is also a member of the Architectural Committee shall participate in determining such compensation. All regular or alternate Committee members shall also be entitled to reimbursement from the Association for all reasonable expenses incurred by them in the performance of any Architectural Committee functions.
Section 10.8 Architectural Committee Rules. The Architectural Committee may from time to time and in its sole and absolute discretion, adopt, amend, and repeal, by unanimous vote or written consent, rules and regulations, to be known as “Architectural Committee Rules.” Said Rules shall
interpret and implement the Properties Restrictions by setting forth the standards and procedures for Architectural Committee review and the guidelines for architectural design, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features which are recommend for use in the Properties.
Section 10.9 Waiver. The approval by the Architectural Committee of any plans, drawings or specifications for any work done or proposed, or for any other matter requiring the approval of the Architectural Committee under the Properties Restrictions shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing specification or matter subsequently submitted for approval.
Section 10.10 Liability. Neither the Architectural Committee nor any member thereof shall be liable to the Association, and Owner, or to any other party, for any damage, loss or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings, or specifications, whether or not defective, (b) the construction or performance of any work whether or not pursuant to approved plans, drawings and specifications, (c) the development of any property within the Properties, or (d) the execution and filing of any estoppel certificate, whether or not the facts therein are correct; provided, however, that with respect to the liability of a member, such member has acted in good faith on the basis of such information as may be possessed by him. Without in any way limiting the generality of any of the foregoing provisions of this Section, the Architectural Committee,
or any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications, or any other proposal submitted to the Architectural Committee.
Section 10.11 Time of Approval. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specification have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.
Section 11.1 Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, convents, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver or the right to do so thereafter.
Section 11.2 Severability. Invalidation of any one of these convenants or restrictions by judgment or court order shall in no way effect any other provisions which shall remain in full force and
Section 11.3 Amendment. The covenants and restrictions of the Declaration shall run with and bind the land and shall inure to the benefit of and be enforced by the Association or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and
assigns, for a term of twenty (20) years after the date this Declaration is recorded, after which time they shall be automatically extended for successive period of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. ANY AMENDMENT MUST BE RECORDED.
Section 11.4 Violations and Nuisance. Every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by Declarant, the Association or any Owner or Owners of Lots within the Properties. However, any other provision to the contrary notwithstanding, only Declarant, the Association, the Board or the duly authorized agent
of any of them may enforce by self-help any of the provisions of the Properties Restrictions. A violation of these restrictions, conditions and covenants, or any one of them, shall not affect the lien of any mortgage now of record, or which hereafter may be placed on record, upon said Lots or any part thereof.
Section 11.5 Violation of Law. Any violation of any state, municipal, or local law, ordinance or regulation, pertaining to the ownership, occupation or use of any property within the Properties is hereby declared to be in violation of the Properties Restrictions and subject to any or all of the enforcement procedures set forth in said restrictions.
Section 11.6 Remedies Cumulative. Each remedy provided by the Properties Restrictions is cumulative and not exclusive.
Section 11.7 Delivery of Notices and Documents. Any written notice or other documents relating to or required by the Properties Restrictions may be delivered either personally or by mail. If by mail, it shall be deemed to have been delivered twenty-four (24) hours after a copy of same has been deposited in the United States Mail, postage prepaid, properly addressed.
Section 11.8 The Declaration. Deeds of conveyance of property in STARLIGHT PINES, or any part thereof, may contain the restrictions and covenants contained herein by reference to this document, but whether or not such reference is made in any or all of said deeds, by acceptance of a deed or by acquiring any ownership interest in any of the real property included in STARLIGHT
PINES and affected by this Declaration, each person or entity, for himself or itself, his heirs, personal representatives successors, transferees and assigns, binds himself, his heirs, personal representatives, successors, transferees and assigns, to all of the provisions, restrictions, covenants, conditions, rules and regulations now or hereafter imposed by this Declaration and any amendments hereof. In the event that and at such times as, any additional properties become subject to this Declaration as heretofore provided, then and in that event this Declaration shall be enforceable against all properties and parties becoming subject hereto as if the additional properties had been platted and made subject to this Declaration at one and the same time, including without limitation the provisions herein with respect to the term of enforcement and amendments hereto. In addition, each such person by so doing hereby acknowledges that this Declaration sets forth a general scheme for the improvement and development of the real property covered hereby and hereby evidences his interest that all the restrictions, conditions, covenants, rules and regulations contained herein shall run with the land and be binding on all subsequent and future Owners, grantees, purchasers, lessees, assignees, and transferees thereof. Furthermore, each such person mutually beneficial, prohibitive and enforceable by the various subsequent and future owners.
( The remaining portion of the page has Declarants’ signatures and a notary signed at the bottom.)
The following page has the following:
Section 31, Township 15 North, Range 12 East, Gila and Salt River Base and Meridian, Coconino
FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF STARLIGHT PINES
This Amendment to the Declaration of Covenants Conditions and Restrictions is hereby made this 24th day of May, 1984, by COMMONWEALTH TITLE OF ARIZONA, an Arizona Corporation, as Trustee, as legal owner, and ROBERT STUDNEK, a single man, JAMES AND HELEN STUDNEK, husband and wife, STEPHEN and PATRICIA KOHNER, husband and wife; as present owners of the Second Beneficial Interest in Commonwealth Title of Arizona Trust No. 373, being (“Declarant”), executes this Amendment to Declaration of Covenants, Conditions and Restrictions, to run with the real property herein described herein:
Section 31, Township 15 North, Range 12 East, of the Gila and Salt River Base and Meridian, Coconino County, Arizona.
Said Declaration of Covenants, Conditions and Restrictions were hereby recorded on April 3, 1984, in Docket 971, pages 851-876 in the records of the Coconino County Recorder Office, Coconino County, Arizona
The Declarant hereby desires to amend the said Restrictions as follows:
1. Article IX, Section 9.1 as referred to by the term “residents”. The term “Residents” shall be defined as follows: “a person who lives in said property described as STARLIGHT PINES, as distinguished from a visitor or transient.” “One who has his residence in said property referred to as “STARLIGHT PINES”.
2. Article IX, Section 9.4 shall be amended as follows: Those areas which are dedicated on the plat of record entitled “Greenbelts” shall be dedicated to the property owner’s use. There shall be no motorized vehicles usage of the greenbelt areas. Traffic shall be
limited solely to foot traffic and/or horseback travel by the owners of the property.
The following sections shall be added.
Section 3.25. The Homeowners Association shall, if required by proper governmental authority, organize and create a fire district to provide proper fire protection for the homeowners.
Section 3.26. The Homeowners Association shall, if the water utility company fails to maintain the water system to the property, maintain and operate the water company as a coop and to continue the water services to the homeowners.
Section 3.27. In the event Coconino County does not accept the dedicated roads and subdivisions, the homeowners shall maintain the road system for the benefit of all property owners.
Declarants’ and trustee’s signatures on page.
SECOND AMENDMENT TO DECLARATIONS OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF STARLIGHT PINES
This Amendment to the Declaration of Covenants Conditions and Restrictions is hereby made this 23rd day of May, 1985, by COMMONWEALTH TITLE OF ARIZONA, an Arizona Corporation, as Trustee, as legal owner, and STEPHEN A. KOHNERand PATTY KOHNER, husband and wife;, ROBERT STUDNEK, a single man, and JAMES STUDNEK AND HELEN STUDNEK, husband and wife, as present owners of the Second Beneficial Interest in Commonwealth Title of Arizona Trust No. 373, being (“Declarant”), executes this Second Amendment to Declaration of Covenants, Conditions and Restrictions, to run with the real property herein described herein:
Section 31, Township 15 North, Range 12 East, of the Gila and Salt River Base and Meridian, Coconino County, Arizona.
Said Declaration of Covenants, Conditions and Restrictions were hereby recorded on April 3, 1984, in Docket 971, PAGES 851-876 and amended in Docket 979, pages 153-156 recorded on May 24th, 1984 in the records of the Coconino County Recorder’s Office, Coconino County, Arizona
The Declarant hereby desires to amend the following Restrictions by adding RONALD L. KOHNER and JEAN M. Kohner, his wife, as additional present owners of the Second Beneficial Interest in Commonwealth Title of Arizona, Trust No. 373 and amending the Covenants, Conditions and Restrictions as follows:
1. Article 1 Section 1.27 shall include in the description of the land, all of the real property included in Starlight Pines Unit II, according to the plat recorded on the 11th day of June, 1985, in Case 4 of Maps, Map 53, records of Coconino County, Arizona.
(The rest of the page has Declarants’ and trustee’s signatures.)
THIRD AMENDMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION
This Third Amendment of the Declaration of Covenants Conditions and Restrictions made this 26th day of June, 1985, by COMMONWEALTH TITLE OF ARIZONA, an Arizona Corporation, as Trustee, as legal owner, and ROBERT STUDNEK, a single man; JAMES STUDNEK and HELEN STUDNEK, husband and wife; STEPHEN A. KOHNER and PATRICIA KOHNER, husband and wife; and RONALD L. KOHNER and JEAN M. KOHNER, husband and wife, as present owners of the Second Beneficial Interest in Commonwealth Title of Arizona Trust No. 373, being (“Declarant”), desires to amend and to clarify Article VII of the Declaration of Covenants, Conditions and Restrictions recorded on April 3, 1984, in Docket 971, pages 851-876 records of Coconino County , Coconino County, Arizona as follows:
IT IS HEREBY UNDERSTOOD THAT, Article VII, Section 7.1 (ii) shall be clarified as to the “Notice of Priority” when establish, that it will apply as to each separate lot in said subdivision located on the described legal description. That the “Notice of Priority” when establish will be the date of priority of the Assessment Lien as being the date of recordation of the “Notice of Priority”.
Except as stated above all other terms of the Declaration of Covenants, Conditions and Restrictions recorded on April 3, 1984 in Docket 971, pages 851-876, records of Coconino County, Arizona shall remain the same.
(The rest of the page includes the Trust Officer signature and notary signature.)
FOURTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS OF STARLIGHT PINES
This Amendment to the Declaration of Covenants Conditions and Restrictions is hereby made this 23rd day of May, 1985, by COMMONWEALTH TITLE OF ARIZONA, an Arizona Corporation, as Trustee, as legal owner, and STEPHEN A. KOHNER and PATTY KOHNER, husband and wife; ROBERT STUDNEK, a single man, and JAMES STUDNEK AND HELEN STUDNEK, husband and wife; and RONALD L. KOHNER and JEAN M. KOHNER, husband and wife, as present owners of
the Second Beneficial Interest in Commonwealth Title of Arizona Trust No. 373, being (“Declarant”), executes this Fourth Amendment to the Declaration of Covenants, Conditions and Restrictions, to run with the real property herein described herein:
Section 31, Township 15 North, Range 12 East, of the Gila and Salt River Base and Meridian, Coconino County, Arizona.
Said Declaration of Covenants, Conditions and Restrictions were hereby recorded on April 3, 1984, in Docket 971, pages 851-876 and first amendment was recorded on May 24th, 1984, in Docket 979 pages 153-156, second amendment was recorded on June 11, 1985, in Docket 1034, pages 388-389, third amendment was recorded on July 8, 1985, in Docket 1038, pages 599-601, all
in the records of the Coconino County Recorder’s Office, Coconino County, Arizona
1. Article I Section 1.27 shall include in the description of the land, all of the real property included in Starlight Pines Unit II, Phase II, according to the plat recorded on the
________________day of May, 1986, in Case _________ of Maps, Map ____________, records of
Coconino County, Arizona.
(The remainder of the page is Declarants’ and Trustee signatures.)
FIFTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF STARLIGHT PINES
This Fifth Amendment to the Declaration of Covenants Conditions and Restrictions is made this 28th day of June, 1988, by COMMONWEALTH TITLE OF ARIZONA, an Arizona Corporation, as Trustee, as legal owner, and STEPHEN A. KOHNER and PATTY KOHNER, husband and wife; ROBERT STUDNEK, a single man, and JAMES STUDNEK and HELEN STUDNEK, husband and wife, as present owners of the Second Beneficial Interest in Commonwealth Title of Arizona Trust No. 373A, being (“Declarant”), executes this Fifth Amendment to Declaration of Covenants, Conditions and Restrictions, to run with the real property herein described herein:
Said Declaration of Covenants, Conditions and Restrictions were hereby recorded on April 3, 1984, in Docket 971, pages 851-876 and First Amendment was recorded on May 24, 1984, in Docket 979 pages 153-156, Second Amendment was recorded on June 11, 1985, in Docket 1034, pages 388-389, Third Amendment was recorded on July 8, 1985, in Docket 1038, pages 599-601, and the
Fourth Amendment was recorded on May 5th, 1986, in Docket 1086, pages 560-561, all in the records of the Coconino County Recorder’s Office, Coconino County, Arizona.
1. Article III, Section 3.22 shall have the following provision added to the second paragraph:
On Lots less than one (1) acre in size, two (2) horses are allowed and on lots larger than one (1) acre in size, three (3) horses shall be allowed. In no event shall swine be permitted on a lot.
2. Article VI is amended as follows:
6.1 Creation of Lien and Personal Obligation. Each Owner and Member, by acceptance of a deed or other conveyance of an interest in a Lot or by acceptance of his Membership, is deemed to covenant and agree to pay to the Association Regular Annual Assessments, Special Assessments, Capital Improvement Assessments and Reconstruction Assessments, if applicable. Such Assessments to be established and collected from time to time as provided in this Declaration. The Assessments, together with interest thereon, late charges, attorneys’ fees and court costs, and other costs of collection thereof, as hereinafter provided, shall be a continuing lien the Assessments are made. The initial Annual Assessment shall be Thirty-six Dollars ($36.00) per Lot until changed by the Association..
6.2 Purpose of Assessments. The Assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the Owners and Members, to enhance the quality of life within the Project, to preserve the value of the Property, to pay the costs of administration of the Association and all other common expenses, or to otherwise further the interests of the Association.
6.3 Assessments. Each Owner shall pay as his Regular Assessment such Member’s proportionate share of the common expenses which shall be equal to the share payable by every other Owner, Except as otherwise specifically provided here, payment of Regular Assessments shall be in such amounts and at such times as may be provided in the Articles and Bylaws or as
determined by the Association.6.3.1 Not later than sixty (60) days prior to the beginning of each fiscal year of the
Association, the Association shall make available for review by each Owner and Member at the Association’s office during reasonable times a pro forma operating statement or budget for the upcoming fiscal year which shall, among other things, estimate the total common expenses to be incurred for such fiscal year. The Association shall, at that time, determine the amount of the
Regular Assessment to be paid by each Member and notify the Member thereof. Each Member shall thereafter pay to the Association his Regular Assessment in semi-annual installments. Each such installment shall be due and payable on the date set forth in the written notice sent to Members, which shall be on the first day of each semi-annual date unless changed by the Association.
6.4 Member’s Initial Contribution of Assessment. Each Lot Owner shall make an initial contribution to the Association by paying an amount equal to the cost of the first year of the Regular Assessment. These funds shall be paid by the Member upon the close of escrow at the time each Lot is sold