Index to Riverhaven Community Association, Inc. Declaration of Covenants, Conditions, Restrictions and Easements & Design Guidelines Revised 12/12/07

Transcription

1 August 2007 S. Chan Index to Riverhaven Community Association, Inc. Declaration of Covenants, Conditions, Restrictions and Easements & Design Guidelines Revised 12/12/07 Key to documents indexed c =Declaration of Covenants, Conditions, Restrictions and Easements for Riverhaven Community Association, Inc. (March 22, 2002) ai = First Amendment to Declaration of Covenants, Conditions, Restrictions and Easements for Riverhaven Community Association, Inc., October 29, 2002 Section Vehicles and Parking [superseded by the Second Amendment ] aii =Second Amendment to Declaration of Covenants, Conditions, Restrictions and Easements for Riverhaven Community Association, Inc., January 16, 2003 Section Vehicles and Parking aiii = Third Amendment to Declaration of Covenants, Conditions, Restrictions and Easements for Riverhaven Community Association, Inc., February 27, 2003 Section 5.11 Basketball Goals si = Supplementary Declaration of Covenants, Conditions, Restrictions and Easements for Riverhaven Community Association, Inc., February 29, 2003 Annexation of property located adjacent to the west of Riverhaven Lots [ Riverhaven West ] sii = Second Supplementary Declaration of Covenants, Conditions, Restrictions and Easements for Riverhaven Community Association, Inc., June 17, 2003 Annexation of property located adjacent to the west of Riverhaven Lots [ Riverhaven West ] d = Design Guidelines Rules and Regulations for Riverhaven Community Association, Inc. [includes the Riverhaven Architectural Review Form on page 12], July 25, 2002 d1st = Restatement of Design Guidelines, Rules and Regulations: Sanitation, October 10, Exceptions to out-of-sight storage for garbage and/or trash containers. d2nd = Restatement of Design Guidelines, Rules and Regulations: Front Yard Landscaping, December 12, Clarification and expansion of the guidelines for front yard landscaping.. How to read: Animals c8 [5.2] = animals are mentioned in the Declaration of Covenants, Conditions, Restrictions and Easements for Riverhaven Community Association, Inc. on page 8, Article 5.2

2 A Activity, loud, noxious or offensive c13 [5.19] Aerials c10 [5.10] Air Conditioning Units c9 [5.8], d6, d7 Amendments CCR&Es c24-25 [12] Design Guidelines d5 Animals c8 [5.2] Annual Assessment c19 [8.3 & 8.4] Maximum c19 [8.6], c20 [8.7 & 8.9] Antennas c10 [5.10], d3 Appeal Procedure, Architecture Review Committee d2 Application, Design timeline c7 [4.1], d12 Architectural Design Review Form d12 Architectural Design Committee see Design Review Committee Arizona Revised Statutes [A.R.S.] (2) c4 [1] c4 [1] c8 [4.4] c8 [4.4] c17 [8.1] Assessments [i.e. fines, penalties & charges], Generally C16-17 [8], c24 [11.4] See also Fees Association [HOA] Responsibility, Maintenance c23 [11.1.1] Attorney s Fees c17 [8.1], c18 [8.2c], c26 [14.1] See also Window Coverings B Back Yard see Rear Yard Backwashing of Pools d9 Basketball Goals aiii2 [5.11], d3-4 Board of Directors & Officers (HOA) c15 [6.2] Borrowing Power of Association c21 [9.2] Budget, Annual c19 [8.4] Business Activity by Residents c8 [5.1 & 5.2] C Cables, transmission c11 [5.10] Cactus d2nd Captions, titles, etc. of CCR&E Articles & Sections c28 [14.9] Chimneys d4 Change of Circumstances c28 [14.7] Charges see Assessments Citrus, all varieties d7 Clear Areas c13 [5.18] Clotheslines c9 [5.4], d7 Collection of Delinquent Amounts c18 [8.2c] Colors Basketball Goals d3 Chimneys d4 Decorative Art on Houses d4 Decorative Items d4 Doors d10 Gutters d6 Improvements & Construction, Generally Paint d8 Pool Fencing d9 Rock Ground Cover d7 Storage Sheds d11 Trim on House d8 Walls d6 Window Treatments c9 [5.5], d11 Columbus Landfill c6 [3.3], c7 [3.5] See also Wells, Monitoring of Common Areas, Generally c5-7 [3] Access to Lot through c7 [3.5] Association Responsibility c23 [11.1.1] Basketball goals aiii2 [5.11] Change of use c22 [10.4] Defined c3 [1] Delegation of use c6 [3.2] Easements c5 [3.1] Eminent Domain c25 [13.1] Insurance c25 [13.2] Liability c23 [11.1.2] Maintenance c6 [3.3] Non-use of c17 [8.1] Partition c27 [14.3] Private access c7 [3.6] Private use c7 [3.6] Rights of Enjoyment c5 [3.1] Standard of care c23 [11.1.2] Suspension of right to use d5 [3.1a] Transfers c22 [10.5] Walls & Fences c23 [11.2] Computation of Assessments c19 [8.4] Construction & Improvements on Lot Consumer Price Index as base for assessment c19 [8.6] Contracts with others, Association right c22 [10.3] Cooling see Air Conditioning Corner lots c11 [5.13], d6 Covenants, Conditions & Restrictions Amendments c15 [6.3], c24 [12.1] Termination c25 [12.1] Interpretation of c27 [14.4] D Debris c12 [5.15], c13 [5.18], c13 [5.19] See also Garbage; Trash Containers, Storage of; Sanitation Decorative & Seasonal Items d4 Decorative Items, Generally d4-5 Decorative Art on Houses d4 Decorative Walls d5-6 Definitions, legal c2-5 [1] Delinquent Amount Owed, Penalty c18 [8.2b] Design Control, Generally c7 [4] and the Design Guidelines Design Guidelines Landscaping and Maintenance c12 [5.15] Rules & Amendments to d2 Design Review Committee, Generally c7-8 [4] Antennas c10 [5.10a], d3 Appeal of Disapproval d2 Application form d12 Application form, what to include d1 Approval/Disapproval d2 Approval Expiration d2 Basketball Goals aiii2 [5.11], d4 Construction Period d2 Driveway Extensions d5 Fee c8 [4.3] Front Yard Items d4 Irrigation d6 Landscaping d6 Liability c8 [4.4] Paint, variation from original color d8

3 Pool Screening d9 Satellite Dishes c10 [5.10b], d3 Sidewalks, additional d5 Signs c12 [5.16], d10 Storage Sheds Solar Devices c10 [5.9], d11 Timeline c7 [4.1], d12 Doors, Security d10 Doors, Screen d10 Downspouts d6 Drainage c13 [5.20] Driveways Basketball Goals aiii2 [5.12] Construction c9 [5.6] Extensions d5 Maintenance c9 [5.6] Vehicles & Parking aii2 [5.11] Due Date for Assessments c19 [8.5] Dust Control c13 [5.18] Dwelling Unit Damaged or Destroyed c12 [5.15] E Easements, Common Areas & Lots, Generally c5 [3] Private Access c7 [3.6] Private Use c7 [3.6] Utility c6 [3.4] Eminent domain, Common Areas c25 [13.1] Enforcement, Association Rights of c22 [10.2], c26 [14.1] Equipment, Pool d9 Evaporative Cooling Units c9 [5.8], d6 Exceptions see Waivers & Variances F Fees Attorney s Fees c17 [8.1] Design Review c8 [4.3] Late Fees & Interest c17 [8.2a] Transfer Fee c20 [8.9] Fences see Walls & Fences Fencing, Pool d9 Fines see Assessments Flagpoles d6 Flags, seasonal & decorative d4 Foreclosure, Generally c17 [8.2] Fountain Grass (Pennesethus setaceum) d7 Fountains d4-5 Front Yard Decorative Items d4 Landscaping d2nd Use of turf in d7 Funds, Use of Association, Generally c21 [9] G Garages aii2 [5.12], c9 [5.6] Garbage c9 [5.3], d1st See also Debris; Trash Containers, Storage of; Sanitation Garbage (& Recycle) Containers, exceptions to out-ofsight storage d1st Gender and Number of words c28 [14.8] Gravel d2nd See also Rock Ground Cover Gutters d6 H Hardscape d7, d9 Heating Units c9 [5.8], d6, d7 Holiday Decorations d4 Home Owners Association [HOA], Organization of, c15 [6] HVAC see Air Conditioning Units Heating Units Evaporative Cooling Units I Improvement Defined C3 [1] Incinerators c9 [5.3] Insurance Casualty c12 [5.15] Claims c26 [13.4] Common Areas c25 [13.2] Property c12 [5.15] Responsibility of Owner/Occupant c26 [13.3] Interpretation of the Covenants c27 [14.4] Irrigation Systems Common Area c23 [11.1.1] Front Yards d2nd On Lots d6 J Joshua Tree d2nd L Landlord ( Owners ) Responsibilities c12 [5.14] Landscaping Maintenance, Reconstruction c12 [5.15] Guidelines, Generally D6-7 Plans c12 [5.15] Leasing of Property c12 [5.14], c16 [7.3], c17 [8.1] Legal Description of Property aii5-6, c30-31 Liability Board Members c15 [6.4] Design Committee c8 [4.4] Disclaimer, Common Areas c23 [11.1.1] Disclaimer, Individual Responsibility C26 [13.3] Lien Discharging of, Common Areas c21 [8.11] Enforcement of provisions c26 [14.1] For Assessments c17 [8.2] Foreclosure of c18 [8.2e] Recording Notice c18 [8.2d] Lighting, Security d10 Lots , , , Private Use and Private Access Easements c7 [3.6] Lots, Maintenance and Repair by owner/occupant c24 [11.3] M Machinery and Equipment in Yards, Generally d7 Maintenance, Generally c23-24 [11] Maintenance and Repair of Lots by owner/occupant c24 [11.3] Membership and Voting, Generally c15-15 [6] Mexican Palo Verde (Parkinsonia aculeatea) d7 Mulberry Trees, All Varieties d7

4 N Notice of Violation c27 [14.2] Neighbor Approval Driveway Extension d5 Fences and Walls d5 Neighboring Property, Visible from Clothes Drying Facilities c9 [5.4] Defined c5 [1] Design Review Committee Approval Needed Garbage c9 [5.3] Heating, Ventilating & Air Conditioning Units c9 [5.8] Improvements & Landscaping Signs c12 [5.16] Solar Devices c10 [5.9] Storage Shed Window Coverings c9 [5.5] Nuisances c12 [5.17], c13 [5.19], aiii2 [5.11] O Ocotillo d2nd Oil Spills in Driveways d7 Oleander (Nerium Oleander) d7 Olive Trees (Olea europaea) d7 Obstruction of Sight Lines c11 [5.13] Organ Pipe cactus d2nd Organization of Association c14-15 [6] Owners Common Area Negligent Act c24 [11.4] Property Rights c16 [7.3] Defined c4 [1] Landlord, as a c12 [5.14] Maintenance and Repair of Lot c24 [11.3.] Shared (Party) Walls c13-14 [5.21] P Paint Colors d8 Pampas Grass (Cortanderia selloana) d7 Parking and Vehicles Generally aii2 [5.12] Driveway Extensions d5 Partition of Common Areas, no right of c27 [14.3] Party Walls see Walls & Fences Payment, Records and Statements of c20 [8.10] Penalties see Assessments Perpetuities, Rule Against c27 [14.6] Persons Bound by CCR&E c5 [2] Plants Front Yard d2nd Prohibited d7 Playground Equipment, Generally c8 Poles (reception and transmission of radio/tv) C10 [5.10] Pools Fencing and Equipment d9 Generally d9 Installation Access Point d6, d9 Perimeter Lots, Access d9 Private Access Easement c7 [3.6] Private Use Easement c7 [3.6] Prohibited Uses of Property c12 [5.17] Property Bound the CCR&E c5 [2] Property Rights of Owners in Common Areas c16 [7.3] Public Right-of-Way Areas c12 [5.15] Maintenance c23 [11.1] Rubbish, Debris & Garbage d9-10 Q Quiet Enjoyment c13 [5.19] R Rear Yard Citrus d7 Heating, Air Conditioning d6 Fountains, etc. d4 Landscaping d7 Recitals c1 Records and Statements of Payment c20 [8.10] Recycle Containers, Storage of see Trash Containers, Storage of Refrigeration Equipment see Air Conditioning Repair and Maintenance of Lots c24 [11.3] Repair of Shared Walls c13-14 [5.21b & c] Repair of Vehicles aii2 [5.12] Reserve Fund c20 [8.8] Residential Purpose of Community c8 [5.1] Restrictions, Generally c8-14 [5] Rights and Powers of Association Assessmentsc16 [8] Generally c22 [10] Suspension of Voting Rights d5 [3.1a] Work Failed to be Done by Owner14 [5.21e] Rights of Enjoyment, Common Areas & Lots c5 [3.1] Rock Ground Cover d7, d2nd Roof Patio d8 Solar Equipment d11 Structures d9 Rubbish c13 [5.19] See also Garbage Rule Against Perpetuities c27 [14.6] Rules, HOA c15 [6.3] S Saguaro d2nd Sanitation, d1st See also Debris; Garbage; Trash Containers, Storage of Satellite Dishes c10 [5.10], d3 Screen Doors d10 Seasonal & Decorative Items d4 Security Devices d10 Doors d10 Lighting d10 Signs d10 Severablility of Declaration (of CCR & E ) c27 [14.5] Sidewalks Additional d5 Basketball Goals aiii2 [5.12] Sight Lines, Obstruction of c11 [5.13] Signs Generally c12 [5.16], d10 Security d10 Solar Devices c10 [5.9], d11 Spas see Pools Special Assessment c19 [8.3], c20 [8.7] Statuary d4-5

5 Storage Sheds Generally d11 Structure Damaged or Destroyed c12 [5.15] Sunscreens d10 T Tenants (and other Occupants) c5 [2], c12 [5.14], c16 [7.3] Titles, captions, etc. of CCR&E Articles & Sections c28 [14.9] Towers c10 [5.10] Transfer Fees c20 [8.9] Trash Containers, Storage of, d1st See also Debris, Garbage, Sanitation Treasurer, of Homeowner Association c20 [8.10] Trim on House, Color d8 Trees Front Yard Landscaping d2nd Height of c11 [5.13] Turf d7 Weeds Landscaping & Maintenance c12 [5.15] Dust Control c13 [5.18] Front Yard d6 Wells, Monitoring of c6 [3.3], c7 [3.5], c23 [11.1.1] See also Columbus Landfill & Walnut Landfill Window Coverings c9 [5.5], d11 See also Awnings Window Film, Reflective c9 [5.5], d10, d11 Y Yucca d2nd U Uses, Permitted, Generally c8-14 [5] Utility Easements c6 [3.4] V Variances, Design Guidelines c7 [4.2] Vehicles (of all types), Generally aii2 [5.12] Violation, Notice of c27 [14.2] Clothes Drying Facilities c9 [5.4] Defined c5 [1] Design Review Committee Approval Needed Garbage c9 [5.3] Heating, Ventilating & Air Conditioning Units c9 [5.8] Improvements & Landscaping Signs c12 [5.16] Solar Devices c10 [5.9] Storage Shed Window Coverings c9 [5.5] Voting and Membership, Generally c15-16 [6] Voting, Suspension of Rights Right of Association c5 [3.1a] Delinquent Amount Owed c18 [8.2b] Foreclosure of Lien c18 [8.2e] W Walls and Fences Between Lots & Common Areas C23 [11.2] Common Areas c23 [11.2] Decorative d5-6 Fences d5 Interferences & Obstructions by fences & other items c11 [5.3] Pool c9 Pool and Spa Construction, access c9 Repair of Shared Walls (Party) c13-14 [5.21b & c] Shared (Party Walls) c13 [5.21] Waivers c14 [5.23] See also Variances Water Features d4-5 Walnut Landfill c6 [3.3], c7 [3.5] See also Wells, Monitoring of