This page is an online replica of the River Grove Condominiums Amended and Restated Declaration of Horizontal Property Regimes and Declaration of Covenants, Conditions and Restrictions which can be difficult to read in its PDF format.
This is a work in progress. If you'd like to help retype please contact Mike.
This Amended and Restated Declaration is made as of the date hereinafter set forth by Title Guaranty Agency of Arizona, Inc., as Trustee under Trust No. T-1100, hereinafter referred to as "Declarant," and amends, restates and supersedes in its entirety that Declaration recorded in the office of the County Recorder, Pima County, Arizona, at book 7147, pages 1117-1163, as amended by that First Amendment recorded at book 7162, page 20, and that Amended and Restated Declaration recorded at Book 7198, pages 13 through 59.
WHEREAS, Declarant is the owner of certain real property in the County of Pima, State of Arizona, as more particularly described as Buildings, 1, 2, 3, 4, and 5 in that certain subdivision plat under the name of River Grove Condominiums, recorded in book 36 of maps and plats at page 69 in the office of the County Recorder of Pima County, State of Arizona, (the "River Grove Condominiums Plat") (which property is hereinafter referred to as "Phase ( or the Property"), including certain common areas, as more particularly described on the River Grove Condominiums Plat and the additional common elements as described on the River Grove Condominiums Plat and defined in Section 1.7 hereof; and
WHEREAS, additional land within the area described in book 36 of maps and plats at page 69 in the office of the County Recorder, Pima County, Arizona, (the "Additional Phases") may but is not required to be developed in accord with the River Grove Condominiums Plat in the General plan of development herein described and will be consistent with the initial improvements in terms of quality of construction; and
WHEREAS, Declarant desires to submit and subject the Property, together with all buildings, improvements and other permanent fixtures of any kind whatsoever now or hereinafter thereon, and all rights, easements, privileges and appurtenances belonging or in any way pertaining thereto, to a Horizontal Property Regime pursuant to Title 33, Chapter 4.1, Article I, Sections 33-551 to 33-561, inclusive, Arizona Revised Statutes; and
WHEREAS, Declarant, its successors and assigns, further desire to establish for its own use and benefit and for the mutual benefit of all future owners, occupants or interest holders of Units within River Grove Condominiums (as hereinafter defined) or any part thereof, certain easements and rights in, over, and upon the Property and certain mutually beneficial restrictions and obligations with respect to the Property's use, conduct, and maintenance thereof; and
WHEREAS, Declarant desires and intends that the unit owners, mortgagees, beneficiaries and trustees under trust deeds, occupants, and all other persons who hereafter acquire any interest in the Property shall at all times enjoy the benefits of, and shall hold their interest subject to, the rights, easements, privileges and restrictions hereinafter set forth, all which run with the land and shall be finding upon all parties having or acquiring any right, title or interest in or to the Property or buildings, improvements, and other permanent fixtures now or hereafter thereon, or any part thereof, and shall inure to the benefit of each owner thereof, and all of which are declared to be in furtherance of a plan to promote and protect the cooperative use, conduct, and maintenance of the Property and are established for the purpose of enhancing and perfecting the value, desirability, and attractiveness thereof.
NOW THEREFORE, Declarant, as the sole owners of the Property, as hereinafter set forth, declares as follows:
"Act" shall mean the Horizontal Property Regimes Act, Title 33, Chapter, 4.1, Article I Sections 33-551 to 33-561, inclusive, Arizona Revised Statutes, as the same may from time to time be amended.
"Articles" shall mean the Articles of Incorporation of the Association and amendments thereto which are or shall be filed in the office of the Arizona Corporation Commission.
"Association" shall mean and refer to River Grove Condominiums Association, Inc., an Arizona nonprofit corporation, its successors, and assigns, formed or to be formed by Developer and shall be construed to be the "Council of Co-Owners" as described in A.R.S. §33-551, and shall also mean and include its Board of Directors, Officers, and other agents authorized to act on behalf of and bind the Association.
"Board" shall mean the Board of Directors of the Association.
"Building" shall mean each of the buildings located or planned to be located on the Property, and as defined on River Grove Condominiums Plat. Buildings will contain Units and facilities within the recreation area. Phase I is intended to consist of 5 Buildings consisting of 110 Units.
"By-Laws" shall mean the By-laws of the Association, together with any amendments thereto.
"Common Elements" mean the "general common elements" as defined in A.R.S §33-551 and shall include all portions of the Property not within the boundaries of a Unit.
"Declarant" shall mean and refer to Title Guaranty Agency of Arizona, Inc., as Trustee under Trust No. T-1100 and to the beneficial owners of Trust T-1100, Desert Star Development, Inc., an Arizona Corporation and First State Services Corp., and Arizona Corporation, and their successors and assigns who offer to sell or sells Units and who assumes Declarant's rights in the Property.
"Declaration" shall mean this instrument by which the Property is submitted to a Horizontal Property Regime, and these covenants, conditions, and restrictions, as from time to time amended.
"Exclusive Balcony/Patio Easement" shall mean a portion of the "Common Elements" to be used as a patio or balcony for the exclusive benefit of a particular Unit Owner or his invitees and assigns.
"Limited Common Element - Stairwells" shall mean all stairwells and staircases which are not contained within any Unit and shall be limited common element for the exclusive use of Owners of those Units to which said staircase provides access plus said Owners invitees. If Utility meters are placed in, adjacent to or under a stairwell, the appropriate utility employees and the Owners of any Units metered by such utility meter shall have an easement of access to read and service said utility meters.
"River Grove Condominiums" as used herein shall be the inclusive term referring to the expandable condominium horizontal property regime project as defined by the Veterans Administration in Title 38, Code of Federal Regulation, Part 36 and described in this Declaration in general and the Unit Owners, their invitees and assigns, as more particularly defined to include the parcel defined in the River Grove Condominiums Plat and the Association.
"River Grove Condominiums Plat" shall mean the recorded Plat for River Grove Condominiums recorded in book 36 of maps and plats at page 69 in the office of the County Recorder, Pima County, Arizona.
"Lease" shall mean any Agreement for the leasing or rental of a Unit and the interest in the Common Elements appurtenant to such Units, or any portion thereof.
"Majority" or "Majority of Owners" shall mean the Owners of more than fifty percent (50%) of the Units, irrespective of the total number of Owners. Likewise, any specified fraction or percentage of the Owners shall mean the Owners of more than that fraction of the Units. Votes called for by the Association shall be counted on the basis of one vote per Unit for each Class A and three votes per Unit for each Class B Owner.
"Mortgage" shall mean any recorded, filed, or otherwise perfected instrument given in good faith and for valuable consideration, which is not a fraudulent conveyance under Arizona law, as security for the performance of an obligation, including, without limitation, a deed of trust or a contract for sale as defined in A.R.S. §33-741, but shall not include any instrument creating or evidencing solely a security interest under the Uniform Commercial Code.
"Mortgagee" shall mean and include mortgages, trustees, beneficiaries and holders of deeds of trust, and the holders of any indebtedness secured by Mortgages.
"Mortgagor" shall mean the party executing a Mortgage.
"First Mortgagee" means the holder of a first Mortgage, as well as a beneficiary or trustee under a first deed of trust.
"Occupant" shall mean a person or persons, other than an Owner, in rightful possession of a Unit.
"Owner" or "Co-Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of equitable or beneficial title (or legal title if the same has merged), whose estate(s) or interest, individually or collectively, aggregate fee simple title of any Unit. "Owner" shall include a purchaser of a Unit pursuant to an agreement for sale within the meaning of Arizona Revised Statutes Section 33-741. "Owner" does not include persons or entities who hold an interest in a Unit merely as security for the performance of an obligation.
"Person" shall mean a natural individual or any other entity with the legal right to hold title to real property.
"Phase" shall mean a designated portion or phase of the project including improvements and Common Elements appurtenant thereto as more fully described in Article 17 hereof.
"Property" or "The Property" shall mean all that real property identified in River Grove Condominiums Plat and improvements thereon.
"Proxy" shall mean one who is authorized in writing by an Owner to vote Class A or Class B ownership, in any vote called for by the Association, except with respect to the election of Directors of the Association, in the same manner as could the Class A or Class B owner if present in person. All proxies shall be filed with the secretary of the Association.
"Record" or "Recording" shall mean the Record or the act of recording in the office of the County Recorder, Pima County, Arizona.
"Unit" shall mean an "apartment" within the meaning of the Arizona Revised Statutes, Section 33-551 and the location of each Unit within a Building is depicted on the subdivision plan of River Grove Condominiums, recorded in County Recorder of Pima County, Arizona. Each Unit shall in respects constitute a separate parcel of real property which may be owned in fee simple and includes an undivided interest in the Common Elements. Each Unit shall include that part of a Building which lies within the following boundaries:
(1) Horizontal (upper and lower) the horizontal boundaries shall be the upper unfinished surface of the foundation slab or of the subflooring and the lower finished surface of the material that comprises the ceiling of the Unit.
(2) Vertical (Perimetric): the vertical boundaries of the Units shall be the unfinished outer surface facing the interior of the plaster, plasterboard, dry wall, or other building materials comprising the wall boundary the Unit extended to intersection with each other and with the upper and lower boundaries.
(3) Fireplaces: the fireplace contained in a Unit and the interior of the flue servicing such fireplace shall be part of the Unit.
No nuisance shall be allowed upon the Property, nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful possession and proper use of the Property. Any wall which separates one Unit from another shall not be used by an Owner of the Unit for the purpose of attaching anything to said wall which is recreational or which produces noise or sound, nor shall an Owner be permitted to penetrate any common wall in excess of two inches from the exterior of said wall. No Owner shall keep or maintain anything or shall suffer any condition to exist in his Unit or cause any other condition on the Property or the Common Elements which materially impairs any easements or rights of any other Owner or otherwise materially impairs or interferes with the use and enjoyment by other Owners of their Units and the Common Elements. No Owner shall keep or permit any pets to be kept in a Unit other than tropical fish and small animals not exceeding a mature weight of twenty (20) pounds.
Paul Ash Management Co., LLC
3499 N Campbell Ave #907
Tucson, AZ 85719
8:00 AM—5:00 PM
Community Association Manager
After hours emergency
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