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    CC&Rs Whispering Winds Casitas 2005

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    CC&Rs Whispering Winds Casitas 2005

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    52 views47 pages

    Governing Documents

    Uploaded by

    jmtmanagement
    CC&Rs Whispering Winds Casitas 2005

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
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    of 47
    OPFTCTAT. RECORNS OF rT . Unofficial CAPITAL TITLE AGENCY INC, Document When recorded, return to: JACKIM & GOUGH, L.L.C. 7333 E. Doubletree Ranch Road Suite 210 Scottsdale, Arizona 85258 y \ AMENDMENT AND RESTATEMENT OF DECLARATION OF HORIZONTAL PROPERTY REGIME AND OF COVENANTS, CONDITIONS AND RESTRICTIONS* ESTABLISHING AND GOVERNING WHISPERING WINDS CASITAS UNIT 1 CONDOMINIUMS A residential condominium project located in Mesa, Maricopa County, Arizona *This Amendment and Restatement of Declaration of Declaration of Horizontal Property Regime, executed by Arizona Title Insurance & Trust Company, as Trustee, on May 2, 1974, and recorded in the Official Records of the County Recorder of Maricopa County (“Official Records”), in Docket 10638 on Page 368-390 inclusive, as amended by that certain Amendment, executed by Trustee on September 24, 1975, and recorded in the Official Records, in Docket 11370 on Page 664-665 inclusive. 20050870246 TABLE OF CONTENTS For AMENDMENT AND RESTATEMENT OF DECLARATION OF HORIZONTAL PROPERTY REGIME AND OF COVENANTS, CONDITIONS AND RESTRICTIONS* ESTABLISHING AND GOVERNING WHISPERING WINDS CASITAS UNIT 1 CONDOMINIUMS PAGES ARTICLE 1 DEFINITIONS 10 1.0t0137 Definitions. ARTICLE 2 CREATION OF THE WHISPERING WINDS COMMUNITY 10-12 20 Initial Declaration. 21 Submission of Property 22 Unit Boundaries. 23 Allocation of Common Area Expenses. 24 Allocation of Common Expense Liabilities. 25 Allocation of Votes in the Association 26 Annexation of Aditi rropety 27 Duration ARTICLE 3 USE AND CONDUCT ay 30 Framework for Regulation. 31 Rule Making Authority Unit Owner's Acknowledgement. 33 Protection of Unit Owners. ARTICLE 4 MAINTENANCE AND REPAIR 119 40 Level of Maintenance Required 4 Unit Owner's Responsibilities, 42 Responsibilities for Repair and Replacement, 4 ‘Association's Responsibility ARTICLES COMMUNITY GOVERNANCE AND ADMINISTRATION 19.24 50 Functions ofthe Association, 51 Membership. 52 Quorum. 53 Meetings Sa Board of Directors and Officers. 55 ‘Nomination and Election of Directors. 56 Meetings of Directors 2 ARTICLE 6 60 ARTICLE 10 ARTICLE 8 80 ARTICLE 9 9.0 ARTICLE 10 109 uA 72 3 74 18 16 1 78 79 81 82 83 84 85 86 9 92 93 oa 95 10.1 102 103 lo los 106 20050870246 ASSOCIATION POWERS AND RI SPONSIBILITIES ‘Acceptance and Control of Association Property Maintenance in Public Rights-of-Way. Insurance, Compliance and Enforcement. Implied Rights; Board Authority Diselaimer of Liability Provision of Services, Security Governmental and Recreational Interests ASSOCIATION FINANCES Budgeting; Allocating Common Expenses. Budgeting for Reserves. ‘Authority to Assess Owners; Time of Payment. Declarant’s Option to Fund Budget Deficits. Special Assessments. Personal Obligation Lien for Assessments. Date of Commencement of Assessment Obligations. Failure to Assess. Exempt Property 2431 3134 COMMUNITY DEVELOPMENT, EXPANSION AND REDUCTION OF THE COMMUNITY AND COMMON AREAS Expansion by the Association, Additional Covenants and Easements. Effect of Filing Supplemental Declaration. De-Annexation of Property Condemnation No Partition. Dedication of Common Areas. RIGHTS RESERVED TO DECLARANT Construction of improvements. Right o Use Common Areas. Other Covenants Prohibited. Right to Approve Changes. Right to Transfer or Assign Declarant Rights, Amendment. 34.36 3637 PROPERTY RIGHTS WITHIN THE COMMUNITY AND EASEMENTS 37-39 Easements in Common Areas, Basement of Encroachment. Easement for Utilities. Easements to Serve Additional Property Easements for Cross-Drainage. Right of Entry Easements for Maintenance and Enforcement 3 ARTICLE 11 no ARTICLE 12 120 EXHIBIT “A” 20050870246 107 Easement for Use of Private Streets. AMENDMENT OF DECLARATION 0 ‘Amendment by Declarant mM ‘Amendment by Owners. n2 Validity and Effective Date of Amendments. GENERAL PROVISIONS 40-44 Enforcement 121 Severability 122 Duration. 123 Notices. D4 Gender. 2s ‘Topic Headi 126 Survival of Liability 127 Construction. 28 Joint and Several Liability 29 ‘Guests and Tenants. 12:10 Attomeys’ Fees, 1201 ‘Number of Days. RP Declarant’s Right to Use Similar Name. LEGAL DESCRIPTION 46 20050870246 AMENDMENT AND RESTATEMENT OF DECLARATION OF HORIZONTAL PROPERTY REGIME AND OF COVENANTS, CONDITIONS AND RESTRICTIONS ESTABLISHING AND GOVERNING WHISPERING WINDS CASITAS UNIT 1 CONDOMINIUMS: ‘This Amendment and Restatement of Declaration of Horizontal Property Regime and of Covenants, Conditions and Restrictions establishing apd governing Whispering Winds Casitas Unit | Condominiums (“Declaration”) is made this day of June, 2005, by GLH I Whispering Winds, L.L.C., an Arizona limited liability company (“Declarant” or “Developer” RECITALS Declarant is the fee owner of that certain real property legally described in Exhibit “A” ‘attached hereto and commonly referred to as the Whispering Winds Casitas Unit 1 Condominiums community located in Mesa, in the County of Maricopa, State of Arizona (the “Property” or “Whispering Winds”). Declarant desires to establish for its own benefit and for ‘the mutual benefit of all future owners and occupants of the Property, certain covenants, conditions, restrictions, easements, rights, privileges, assessments, and liens as,set forth herein (collectively referred to herein as the Declaration”) which shall run with and be a burden upon the Property. ‘The Declarant declares that all of the Property within the project shall be held, sold and conveyed subject to this Declaration, By acceptance of a deed or by acquiring any interest in any of the Property subject to this Declaration, each Person, for itself and its heirs, personal representatives, successors, transferees and assigns, binds itself and its 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 all ‘amendments thereto. This Declaration is being recorded in furtherance of establishing a general plan of condominium ownership for the Property and for establishing rules for the use, occupancy, management and enjoyment thereof, all for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Property and quality of life therein. In furtherance of establishing the plan of condominium ownership for the Property, Declarant has formed the Whispering Winds Casitas Unit 1 Homeowners Association, Inc... @ ‘non-profit association (“Association”) comprised of all owners of Property in Whispering Winds. The Association will be responsible for implementing the Declarant’s plan of condominium ownership for the community. 20050870246 ARTICLE 1 DEFINITIONS 1.0 jeneral Definitions”. The terms used in this Declaration and not otherwise defined shall generally be given their natural, commonly accepted definitions except as otherwise specified. Certain capitalized terms not otherwise defined in this Declaration shall have the meanings specified for such terms in the Arizona Condominium Act, A.R.S. §§33-1201 ef seq.,as the same may be amended from time to time (the “Condominium Act”). ‘Architectural Review Committee”. ‘The committee also known as the “Reviewing “Which the Declarant may create, subject to provisions of the Bylaws of the Association, ‘at such time as it shall determine, in its discretion, to (j) review construction and modifications, additions, and alterations made and to be made to construction, and (ii) administer and enforce architectural standards applicable to the Property and the Whispering Winds community. 12 rehitectural Rules”, Any rules, design guidelines, standards and procedures adopted by the Declarant, the Board and/or the Architectural Review Committee pursuant to this Declaration, as may be amended or supplemented from time to time, 13° “Artic from time to time. ‘The Articles of Incorporation of the Association, as they may be amended 1.4 “Assessments”. Means individually or collectively, as the context may require, any and all of the Assessments for Common Expenses and Enforcements levied and assessed against each Unit and/or Unit Owner as more particularly described in Article VII of and elsewhere in this Declaration. 1.5. “Assessment Lien”, The lien granted to the Association pursuant to A.R.S. § 33-1256 of the Condominium Act to secure the payment of Assessments, monetary penalties and other charges owed to the Association by a Unit and/or Unit Owner, 1.6 “Association”. Means the Whispering Winds Casitas Unit 1 Homeowners Association, Ine., an Arizona nonprofit tax-exempt corporation and its successors and assigns, to be organized by the Declarant to administer and enforce this Declaration and to exercise the rights, powers and duties set forth therein, All references to the Association, acting by and through its Board, in this Declaration shall also mean and refer to any professional management company or managing agent to the extent any duties of the Board may be so delegated to such agent, and as the context may so require (the “Manager”), The Association shall record the Manager's contact notice pursuant to ARS. § 33-1256. 1.7 “Board of Directors soard”, The body responsible for the administration of the Association as selected pursuant to the Bylaws of the Association. 1.8 “Bylaws”. The Bylaws of the Association, which are incorporated herein by reference, as they may be amended from time to time. 6 20050870246 1.9 “Common Areas”. All real and personal property which the Association now or hereafter owns, leases, has easement rights to, or otherwise holds possessory or use rights in and for the common use and enjoyment of the Members. The term may include, without limitation, streets, recreational facilities, community entry features and signage, landscape and landscaped medians, pipes, wires, conduits, ducts and other public utility lines, the land, roof, main exterior walls, and slab of the Unit, parking spaces, and any other improvements that Declarant may convey to the ‘Association. The term shall not include the Units or any improvements to the Units. 1.10 “Common Expenses”, The actual and estimated expenses incurred or anticipated to be incurred by the Association that are deemed by the Declarant or Board to be for the general benefit of all Units, including expenses with respect to the operation, maintenance, repair and restoration of the Common Areas and related facilities, including, but not limited to, taxes, liens or encumbrances against the Common Areas (except to the extent directly assessed or allocated to individual Units and their proportionate interest therein), salaries, wages, reasonable ‘management fees, expenditures for capital-type items, payroll taxes, attorney's and accountant’s fees, supplies, utilities, trash disposal, materials, parts, services, landscaping, insurance, fuel, power, and other services to Whispering Winds (except for those services separately metered or billed to the Units), and adequate reserves for the maintenance, restoration and replacement of the Common Areas and related facilities and the appurtenances thereto, as the Declarant or the Board may find necessary and appropriate. 111 “Condominium Documents”, Mgans.,this Declaration and all supplements and amendments thereto, the Plat, the Association’s Articles and Bylaws, Architectural Rules, Design Guidelines, and other documents and instruments adopted and/or executed to carry out the purposes of this Declaration. 1.12 “Covenant to Share Costs”. Any declaration or other instrument executed by the Declarant or the Association that is recorded in the Official Records against title to the Property (the “Subservient Property”) and that creates casements or other rights for the benefit of the ‘Association (or Unit Owners) and the present and future owners of the Subservient Property and/or that which obligates the Association or the Unit Owners and present and future owners to share the costs described herein. 1.13 “Declarant”, Means GLH I Whispering Winds, L-L.C., an Arizona limited Tiability company, or any successor or assignee who takes title to any portion of or interest in the Property for the purpose of development and/or resale in the ordinary course of business and who is designated as the Declarant in a written instrument executed by the immediately preceding Declarant and recorded in the Official Records. 1.14 “Design Guidelines”, The architectural, design, development, construction and other guidelines, standards, controls, and procedures promulgated by the Declarant or the Board including, but not limited to, application and review procedures, as they may be amended from time to time, applicable to the Property. 20050870246 1.15 “Development Rights”. Any sight or combination of rights reserved by or granted (0 Declarant in this Declaration to do any of the following: (i) add the future Annexable Property to. the Condominium as further provided in this Declaration; (ii) create easements, Units, Common Areas within Whispering Winds or the Property; (iii) subdivide Units, convert Units into Common Areas, or convert Common Areas into Units; or (iv) amend the Condominium Documents during the period of Declarant Control 1.16 “Eligible Lienholder”. A First Lienholder who has requested notice of certain matters from the Association pursuant to this Declaration. 1.17 “Enforcement Assessment”. An Assessment levied pursuant to 1.4 of this Declaration, 1.18 “First Lienholder”. The holder of any mortgage, deed of trust, or other lien holder whose lien appears of record on title to a Unit and that has first priority over any other lienholder. 1.19 “Invite”. Any person whose temporary or periodic presence within the Whispering Winds community or Property, including any Unit, has been solicited, approved by or arranged for by a particular Unit Owner, Lessee, or Resident, including without limitation, histher/its guests, employees, business invitees, contractors and agents. 1.20 “Lessee”, Any Resident associated with the Lessee under a written lease of a Unit. 1.21 “Member”. A person entitled to,zeagcharship in the Association as a Unit Owner, including the Declarant. 1.22 “Modifications”. Any renovations, additions, alterations or improvements to a Unit after the recording of this Declaration in the Official Records except as to Modif Declarant. tions made by the 1.23 “Official Records”. The office of the County Recorder or Maricopa County, Arizona. 1.24 “Period of Declarant Control”, ‘The earlier to occur of: (i) five (5) years from the date that the first Unit in the Whispering Winds community is sold; or (ii) a total of ninety percent (90%) of the Units have been sold. 1.25 “Person”. A natural person, corporation, limited liability company, partnership, trustee, or any other legal entity. 1.26 “Plat”, ‘The Plat of the Property recorded in the Official Records, as Document #110379, in Book 172, on Page 27. 1.27 “Property” or “Properties”. The real property described in Exhibit 20050870246 1.28 “Public Report”. A public report prepared by Declarant and approved by the Arizona Departinent of Real Estate Commissioner that authorizes the offering and sale of the Units in the State of Arizona. 1.29 “Resident”, Any Person actually and lawfully residing on a temporary or permanent basis within a Unit, including a Unit Owner or Lessee of a Unit, and their respective family members. 1.30 residence by a Single F .. Bach Unit is designed and intended for use and occupancy as a 1.31 “Rules”, The rules and regulations adopted by the Declarant or the Association, as they may be amended from time to time. 1.32 “Single Family”. A group of one or more persons each related to the other by blood, marriage or legal adoption, or a group of persons not all so related, who maintain a common household in a Uni 1.33 “Special Assessment”. Assessments levied against all Owners to cover Common Expenses and other expenses of the Association, to the extent such expenses are not included within Base Assessments, as more particularly described in this Declaration. 134 “Special Declarant Rights”. Any right,or,combination of rights reserved by or granted to Declarant in the Condominium Documents or by the Condominium Act to do any of the following: (i) construct improvements provided for in this Declaration or shown on the Plat; (ti) exercise any development tight; (ii) maintain sales offices, management offices, model Units and signs advertising the Whispering Winds community, the Property. and the Units; (iv) use easements through the Common Areas for the purpose of making Modifications within the Whispering Winds community, the Property, and the Units; (v) appoint or remove any officer of the Association or any member of the Board during the period of Declarant Control; ( any of the rights reserved to Declarant in the Condominium Documents or the Condominium Act. 1.35. “Subservient Property”. Certain real property that because of its relationship to the ‘Association and/or the Property will share costs and expenses, including Common Expenses. 136 “Supplemental Declaration”, An amendment or supplement to this Declaration filed pursuant to this Declaration that identifies any additional Common Area and/or imposes, expressly or by reference, additional restrictions and obligations on the real property described therein. 1.37 “Unit”, A portion of the Condominium community as shown on the Plat and as described in this Declaration that is a freehold estate designated for separate ownership and occupaney as permitted in this Declaration. The boundaries of cach Unit shall consist of the parcel of real 9 20050870246 property within each Unit described in Exhibit “A” and shall include the Residential Dwelling and an undivided interest in and to the Common Areas, 1.38 “Unit Owner”. The record owner, whether one or more Persons, of beneficial or equitable title (and legal ttle if the same has merged with the beneficial or equitable ttle) to the fee simple interest in a Unit. The term Unit Owner shall not include (i) Persons having an interest in a Unit merely as security for the performance of an obligation; or (ii) a Lessee of Unit. ‘The term “Unit Owner” shall not include a purchaser under a contract for the conveyance of real property, a contract for deed, a contract to convey, an agreement for sale or any similar contract through which a seller has conveyed to purchaser equitable title to a Unit under which the seller is obligated to convey to the purchaser the remainder of seller's title in the Unit, whether legal or equitable, upon payment in full of all monies due under the contract. In the case ofa Unit, the fee simple title to which is vested in a trustee pursuant to A.R.S. §§ 33-801 ef seq.. the Trustor shall be deemed to be the Unit Owner. ARTICLE IT CREATION OF THE WHISPERING WINDS COMMUNITY 20 jal Declaration. Declarant hereby declares that the Property and any additional real property subjected to this Declaration by Supplemental Declaration shall be held, sold, used, and conveyed subject to the Covenants, Conditions and Restrictions herein that shall run with the title to the real property. This Declaration shall be binding on and shall inure to the benefit of all parties having any right, title, or interest, in, the Property or any part thereof, their heirs, successors, successors-in-title, and assigns. 2.1 Submission of Property. ‘The Property, together with all Modifications, easements, rights and appurtenances thereto, is hereby submitted as a condominium in accordance with the provisions of the Condominium Act. The identifying Numbers of the Units intially submitted as ‘a condominium are those Units numbered: (i) 1A through 1G, inclusive; (ji) 2A through 2G, inclusive; (iii) 3A through 3G, inclusive; (iv) 4A through 4G, inclusive; (v) 5A. through 5G inclusive: and (vi) 6A through 6G, inclusive, all as shown on the Plat. ‘The condominium community of Whispering Winds consists of all real property shown on the Plat except the Future Annexable Property, unless and until Declarant elects to add the Future Annexable Property as further provided in this Declaration. 2.2 Unit Boundaries. Each Unit is a freestanding building as shown on the Plat. Except as “otherwise provided in this Section 2.2., all fixtures, lines and equipment (including chutes, flues, ‘wires, conduits, heating and air conditioning units, gas, cable television, water and electric pipes, lines or meters) within the interior boundaries of a Unit and which serve only the Unit are part of the Unit, and such fixtures or Modifications located within the boundaries of a Unit but which serve more than one Unit are part of the Common Areas. Except as otherwise provided in this Section 2.2, the physical boundaries of each Unit are the interior surface of the perimeter walls, floors, ceilings, doors, and window of the Unit with (i) the underside of the finished but undecorated ceiling as the top horizontal boundary; (ii) the top of the finished but undecorated flooring as the bottom horizontal boundary; and (iii) the interior of the finished but undecorated 10 20050870246 walls as the vertical boundaries. All lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces are a part of the Unit and all other portions of the walls, floors or ceilings are part of the Common Areas. Ifany chute, flue, duct, wire, conduit, bearing wall, bearing column, heating or air conditioning unit or apparatus or other fixture lies partially within and partially ‘outside the boundaries of a Unit, any portion serving only that Unit is allocated solely to that Unit and any portion serving more than one Unit or any portion of the Common Areas is a part of the Common Areas. Notwithstanding anything to the contrary contained in this Declaration, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, entryways, or patios, and all exterior doors and glass windows or other fixtures designed to serve a single Unit, Dut located outside of the Unit's physical boundaries, are part of and are allocated exclusively to the Unit. In the event of an inconsistency or conflict between the provisions of this Section 2.2 and the Plat with regard to the boundaries of the Unit, this Section shall control. Declarant reserves the right to relocate the boundaries between adjoining Units owned by Declarant and to reallocate each such Unit's Common Areas interest, votes in the Association and Common Expense liabilities subject to and in accordance with this Declaration and the A.R.S. § 33-1222 of the Condominium Act. All square footages of Residential Dwellings, Modifications, and Units referenced by Declarant in the Public Report and marketing materials and brochures are approximate only 23 Allocation of Common Area Expenses. The undivided interests in the Common Areas shall be allocated equally among the Units. Accordingly, each Unit's interest in the Common ‘Areas shall be stated as a fraction or percentage eaual to 1/42 or 2.38095% unless or until the Declarant adds the Future Annexable Property to the Whispering Winds community and this Declaration, At any time that the Future Annexable Property is irrevocably added to the Whispering Winds community and this Declaration, each Unit's interests in the Common Areas shall be restated as a fraction where the numerator is one or the denominator is the total number of Units then subject to the Declaration or the equivalent percentage thereof. The Common ‘Areas shall be owned by the Unit Owners as tenants in common in accordance with their respective ownership in Units. The undivided interest of a Unit in the Common Areas allocated to any Unit shall always be deemed conveyed or encumbered with any conveyance or encumbrance of that Unit, even though the legal description of the instrument conveying or encumbering the Unit may refer only to the fee title of the Unit. 2.4 — Allocation of Common Expense Liabilities. The undivided interest in the Common Expenses shall be allocated equally among the Units. Accordingly, each Unit's liability for Common Expenses shall be stated as a fraction or percentage equal to 1/42 or 2.38095% of the total Common Expenses each fiscal year of the Association unless or until Declarant adds any portion of the Future Annexable Property. At any time that the Future Annexable Property is irrevocably added, each Unit's liability for Common Expenses shall be restated as a fraction where the numerator is one or the denominator is the total number of Units then subject to this Declaration or the equivalent percentage thereof, 2.5 Allocation of Votes in the Asso number of Units from time to time, Votes shall be allocated equally among the Unit " ation. The votes in the Association shall be equal to the with each 20050870246 Unit having one (1) vote and the total number of votes allocated to the Units being forty-two (42) unless and until the Declarant adds the Future Annexable Property, at which time one (1) vote shall be allocated to each Unit irrevocably added. 2.6 Annexation of Additional Property. The Declarant intends to acquire and shall have the Tight to annex and subject to this Declaration any Additional Property without the consent of any Unit Owner or other Person. ‘The annexation of any Additional Property shall be effected by the Declarant setting forth a Declaration of Annexation and including the legal description of the ‘Additional Property being annexed, stating that the Additional Property is thereby annexed and subjected to the Declaration. The Additional Property annexed by the Declarant pursuant to this Section need not be contiguous with the Property, 2.7 Duration, Unless otherwise terminated as provided in this Declaration, this Declaration shall have perpetual duration, Unless otherwise provided by Arizona law, in which ease such law shall control, this Declaration may not be terminated within thirty-five (35) years of the date of recording without the consent of ali Unit Owners. After thirty-five (35) years from the date of recording, this Declaration may be terminated only by an instrument in writing, signed by the Association and approved by eighty percent (80%) of the then Unit Owners entitled to vote. ARTICLE ID USE AND CONDUCT 3.0 Framework for Regulation. The Declarant has established a general plan of development land use for the Whispering Winds community in order to protect all Unit Owners’ quality of life fand collective interests, enhance the aesthetics and environment within the community, and to engender a sense of community. To accomplish this objective, the Units are subject to the provisions of the Condominium Documents governing individual conduct and use of or actions on the Property. In accordance with the Condominium Documents, Declarant, the Board and Unit Owners shall have the ability to respond to changes in circumstances, conditions, needs, and desires affecting them. [All provisions of the Condominium Documents shall apply to all Persons on the Property, including without limitation, Unit Owners, Lessees and Residents, and the Invitees of the foregoing. If there exists any discrepancies, inconsistencies or conflicts between the provisions of this Declaration and any other Condominium Document(s), the provisions of this Declaration will prevail in all instances. The Property is subject to Architectural Rules and Design Guidelines as set forth in this Declaration and the Rules adopted by the Association governing land development, architectural and design control, individual conduct and uses of or actions upon the Property. 3.1 Rule Making Authority. (a) Subject to the terms of this Declaration, the Declarant or the Board may adopt Rules that modify, cancel, limit, create exceptions to, and/or expand the use of the Property, including the Units and Common Areas. The Person intending to adopt Rules shall send notice by mail to each Unit Owner concerning any such proposed action at least five (5) 12 20050870246 days prior to the meeting at which such action is to be considered. Unit Owners shall have a reasonable opportunity to be heard at the meeting prior to such action being taken. ‘Any such Rules shall become effective after compliance with subsection (b) of this Section 3.1 unless such Rules are disapproved by: (i) Unit Owners representing at least seventy five percent (75%) of the total number of Unit Owners then entitled to vote; and (ii) the Declarant so long as the Declarant owns any Property. The Board shall have no obligation to call a meeting of the Unit Owners to consider disapproval except upon receipt of a written petition of the Unit Owners representing at least fifty-one percent (51%) of the total number of Unit Owners then entitled to vote. Ifa meeting to consider disapproval of Rules is requested by the Unit Owners prior to the effective date of such Rules, the Rules may not become effective until after such meeting is held. (b) At least thirty (30) days prior to the effective date of any action under Subsection (a) of this Section, the Person intending to adopt Rules shall send a copy of the Rules to each Unit Owner specifying the effective date of such Rules. (c) The Association shall provide, without cost, a copy of the Rules then in effect to any requesting Unit Owner or First Lienholder. (a) Nothing in this Article IIT shall authorize the Board or the Unit Owners to modify, repeal or expand the condominium Documents to circumvent any requirements of the laws of Arizona concerning the development or use, of the Property (©) This Declaration shall be implemented and interpreted consistent with the provisions of applicable Arizona law. 3.2. Unit Owner's Acknowledgment. All Unit ‘Owners are subject to the Rules and are hereby given notice that (@) A Unit Owner's ability to use the Unit is limited by the Condominium Documents and this Declaration; and (b) The Declarant or the Association may add, delete, modify, create exceptions to, or amend the Rules. EACH UNIT OWNER, BY ACCEPTANCE OF THE DEED TO THE UNIT, ‘ACKNOWLEDGES AND AGREES THAT THE USE AND ENJOYMENT AND MARKETABILITY OF HIS/HER/ITS UNIT AND THE COMMON AREAS CAN BE AFFECTED BY THIS PROVISION AND THAT THE RULES MAY CHANGE FROM TIME TO TIME. 3.3. Protection of Unit Owners, Except as set forth in the initial Rules, neither the Declarant nor the Association may adopt Rules in violation of the following provisions: 13 20050870246 (a) Similar Treatment. Similarly situated Unit Owners. Lessees, and Residents, and the Invitees of the foregoing, shall be treated similarly. (b) Home Site Identification and Signage. In order to create continuity within the Whispering Winds community, a standard form of address, resident identification, construction and real estate signage, and a standard location for placement of home site identification and signage has been established by the Architectural Review Committee. All signs shall comply ‘with all standards as described in the Architectural Rules and Design Guidelines. (©) Religious and Holiday Displays. The rights of Unit Owners, Lessees and Residents, and the Invitees of the foregoing, to display religious and holiday signs, symbols, and decorations on their respective Unit of the kinds customarily displayed in residences located in single-family residential neighborhoods in Maricopa County shall not be abridged, except that the Declarant or the Association may adopt reasonable time, place, and manner restrictions regulating displays which are visible from outside the Unit. Tn any event, no such displays shall be placed, erected of displayed on any Unit prior to thirty (30) days before the day of the holiday and, further, such displays must be removed or taken down no more than forty-five (45) days after the day of the holiday. (@ Assembly. The rights of Unit Owners, Lessees and Residents, and the Invitees of the foregoing, to assemble on such portions of the Common Areas as are designated by the Declarant or the Association from time to time shall not be eliminated; provided, however, the Declarant or the Association may adopt geasonable time, place, and manner restrictions on assembly. At no time shall the Common Areas be construed as a place of public assembly. (©) Household Composition. No Rules shall interfere with the freedom of Unit Owners, Lessees and Residents, and the Invitees of the foregoing, to determine the composition of their respective households. However, it is the intent that all of the foregoing be members of single family and to limit the total number of occupants permitted in each Unit on the basis of the size and facilities of the Unit and its undivided interest in the Common Areas. It is the intent of this Declaration that each Unit be occupied and utilized for as a Residential Dwelling only by a Single Family. () ‘The rights of Unit Owners to display on or in their respective Unit political signs and symbols of the kinds normally displayed in or outside of residences located in single-family neighborhoods in Mesa, Arizona, shall not be abridged, except that the Declarant or the ‘Association may adopt reasonable time, place and manner restrictions regulating signs and symbols which are visible from outside the Unit. (g) Notwithstanding any provision in the Condominium Documents or this Declaration to the contrary, the Declarant and the Association shal! not prohibit the outdoor display of the American flag by a Unit Owner on or in his/her/its Unit if the American flag is displayed in a manner consistent with the Federal Flag Code (P.L.. 94-344; 90 Stat. 810; 4 United States Code Sections 4-10). The Declarant and the Association shall adopt Rules regarding the 14 20050870246 placement and manner of display of the American flag, including the location and size of flagpoles, but shall not prohibit the installation of a flagpole. (h) Activities Within Dwellings, No Rules shall interfere with the activities carried on within the confines of a Unit, except that the Declarant or the Association may. in its discretion, prohibit or restrict: i. ‘Activities not normally associated with property restricted to Residential Dwelling use prescribed by the City of Mesa, Arizona; ii, Activities that create monetary costs or expenses for the Association or other Unit Owners; ‘Activities that create a danger to the health or safety of Unit ‘Owners of other Units; iv. Activities that generate excessive noise or traffic in the commut y Activities that create unsightly conditions visible outside the Unit; and vie ‘Activities that create an unreasonable source of annoyance or & nuisance, or that are illegal. (i) Pets. No animals shall be raised, bred or kept on or in any Unit except reasonable number of dogs, cats, or other generally recognized household pets, provided that they are not kept, bred, or maintained for apy,commercial purposes. The following animals shall not be considered houschold pets and, therefore, shall be prohibited from the Units, the Common ‘Areas and the Whispering Winds community: Pigs, hogs, and swine; Pure-bred wolves; ii ‘Ducks, waterfowl and other birds naturally occurring in the wild; iv, Camels, llamas, horses, goats, cows, sheep and other four legged animals bred for commercial purposes; and/or v. Other: as deter ed in the discretion of the Declarant or the Association from time to time. Dogs shall be kept within a structure or fence, and must be walked on secured leashes. Unit Owners shall be responsible to "pick up" after their own pets on their Unit as well as on any other Unit and the Common Areas. Dogs that bark continuously for more than two (2) minutes shall be kept inside the Unit. G) This Article probibits the keeping, raising, or breeding of any horse, catle, sheep, fowl or other game animal including exotic animals for any purpose. goat, pi (k) No animal shall be allowed to make an unreasonable amount of noise or @ nuisance. Upon the written request of a Unit Owner or on the initiative of the Declarant or the ‘Association, the Declarant or the Association shall conclusively determine, at its sole discretion, 15 20050870246 whether a particular animal is a nuisance or the number of animals on or in any Unit is ‘unreasonable, Any decision rendered concerning noise and/or nuisance shall be enforceable by the Declarant or the Association. () Nothing in this Section 3.3 shall prevent the Declarant or the Association from requiring removal of any animal that presents an actual threat to the health or safety of Persons or from requiring abatement of any nuisance or unreasonable source of annoyance as determined by the Declarant or the Association. (m) Alienation. No Rules shall prohibit the leasing or transferring of any Unit, or require consent of the Declarant or the Association to the leasing or transferring of any Unit; provided, however, that the Declarant or the Association may require a minimum lease term no less than twelve (12) months. The Declarant or the Association may require that the Owner supply pertinent information about the Unit's prospective tenant(s) in writing on forms approved by the Declarant or the Association. ‘The receipt of such information on the Unit's prospective tenant(s) shall not be construed as the Declarant’s or the Association's approval of the tenaney and/or the tenant(s). ‘The Unit Owner shall provide the prospective tenant's signature as proof of tenant's receipt of copies of the Condominium Documents and all Rules in effect at the time of the execution of the lease. Any agreement for the leasing of a Unit shall provide that the terms of such lease shall be subject in all respects to the provisions of the Condominium Documents. Said lease shall further provide that any Unit Owner who shall lease the Unit, or a portion thereof, shall be responsible for assuring compliance by such Unit Owner's tenant with the Condominium Documents and shall bg, inintly, and severally responsible for any violations thereof by its tenant. All leases shall be in writing and the failure of a tenant to comply with the Condominium Documents shall be a default under the lease. Further, a Unit Owner who leases @ Unit, or any portion thereof, shall indemnify and hold the Association, Declarant, other Uni ‘Ownets, and the Board harmless from all claims, damages, losses and causes of action related i any way, directly or indirectly, to the tenant. (n) Right to Develop. No Rules shall impede Declarant's right to develop, as generally anticipated in this Declaration, including, but not limited (o, the rights of the Declarant as set forth in Article X. (©) Antennas; Clothes Drying Facilities. No Unit Owner may erect, use or maintain any antenna, satellite television dish or other device for the transmission or reception of television or radio signals or any other form of electro-magnetic radiation outside of his/her/its Unit of visible from the exterior of his/her/its Unit, whether attached to the Unit or structure or otherwise, unless approved by the Declarant during the Period of Declarant Control or thereafter the Board. No clothesline or other facilities for drying or airing clothes or household effects shall be erected, placed or maintained on the Unit, including without limitation on any porch or balcony, or the Common Areas. (p) Trash Containers and Collection. No garbage or trash shall be placed or kept on. the Unit or Common Areas except in covered containers of @ type, size and style approved by the Board or as are provided by the City of Mesa, Arizona. 16 20050870246 (q) Machinery and Equipment. No Unit Owner may place, operate or maintain machinery or equipment of any kind upon the Unit or the Common Areas other than usual and customary machinery and equipment used in connection with the Unit Owner's permitted uses of the Unit and the Common Areas. This Section shall not apply to any machinery or equipment that Declarant or the Association may require for the construction, improvement, operation and maintenance of the Common Areas. (®) Application of Rules. No Rules shall be applied retroactively except as otherwise required by law. ARTICLE IV MAINTENANCE AND REPAIR 4.0 Level of Maintenance Required. The Whispering Winds community shall be maintained in accordance with the Governing Documents and consistent with applicable law. Each Person responsible for maintenance of any portion of the Property shall maintain or provide for such maintenance in accordance with the standards of the Condominium Documents and applicable law, provided, however, that special requirements or exemptions for Property owned by the Declarant or the Association may be applicable to their respective Units. Jaintenance”, as used in this Article JY, shall include, without limitation, repair and replacement, as needed, as well as such other duties, as the Declarant or the Association may determine necessary or appropriate. Notwithstanding anything to the contrary contained herein, the Declarant, Association, any Unit Owner, and any other Person responsible for the maintenance of a portion of the Property shall not be liable for property damage or personal injury occurring on or arising out of the condition of any Property which he/she/it does not own, unless and only to the extent that he/she/it has been negligent in the performance of his/her/its Maintenance responsibilities 4.1 Unit Owner's Responsibilities. Each Unit Owner shall maintain his/her/its Unit in aecordance with the Condominium Documents, unless and to the extent such Maintenance responsibilities are otherwise assumed by or assigned to the Association pursuant to any Supplemental Declaration or other declaration of covenants applicable to such Unit In addition to any other enforcement rights provided for in the Condominium Documents, if'a Unit Owner fails to properly perform the Maintenance responsibilities of this Article IV. the Declarant or the Association may perform such Maintenance responsibilities and assess all costs and expenses incurred against such Unit Owner in accordance with this Declaration. The Declarant and the Association shall afford this Unit Owner reasonable notice and an opportunity to cure his/her/its failure to maintain prior to entry upon the Unit, except when entry is reasonably required due to an emergency situation, 7 20050870246 4.2 Responsibilities for Repair and Replacement, By virtue of taking title to a Unit, each Unit Owner covenants and agrees with all other Unit Owners, the Declarant, and the Association to carry property insurance for the full replacement cost of all insurable Modifications on and in his/her/its Unit. Each Unit Owner further covenants and agrees that in the event of damage to or destruction of his/her/its Unit, the Unit Owner shall proceed promptly to repair or to reconstruct ina manner consistent with the original construction or such other plans and specifications as are approved in accordance with this Declaration applicable to Modifications. 4.3. Association's Responsibility. The Declarant, during the Period of Declarant Control, and thereafter the Association shall maintain and keep in good repair the Common Areas, which shall include but not be limited to: (a) All Landscaping and other flora, parks, signage, structures, and improvements, including any bike, pedestrian, and similar public area, situated in the Common ‘Areas; (b) All walls and fences situated in the Common Areas; (0) _Alprivate streets, including any asphalt repairs thereto, situated in the Common Areas; @ Landscaping, sidewalk, street lights and signage within public rights-of-way abutting the Property, except as maintained by the City of Mesa, Arizona, or other governmental body; © Landscaping and other flora within any public utility easements and scenic easements with the Common Areas, subject to the terms of any easement agreement relating thereto; © ‘Any additional property included within the Common Areas as may be dictated by this Declaration, any Supplemental Declaration, the Covenant to Share Costs, andior Plat, or any contract or agreement for Maintenance thereof entered into by the Declarant or the Association; and ) Any property and facilities owned by the Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the ‘Association and the Association's Members and identified by written notice from the Declarant to the Association until Declarant revokes such privilege of use and enjoyment by written notice to the Association. Except as otherwise specifically provided in this Article IV, all costs for Maintenance of and Modifications to the Common Areas shall be a Common Expense allocated among all Units as part of the Assessments, without prejudice to the right of the Declarant or the Association to seek 18 20050870246 reimbursement from Unit Owners responsible therefor pursuant to the Condominium Documents and other agreements therewith, ARTICLE V COMMUNITY GOVERNANCE AND ADMINISTRATION THE ASS! SOCIATION AND ITS MEMBERS yn. ‘The Declarant, during the Period of Declarant Control, and (a) Be the entity responsible for management, maintenance, operation and control of the Common Areas; (b) Be the primary entity responsible for compliance with and enforcement of the ‘Condominium Documents; (©) Be the entity permitted to provide for and fund such community activities and services as deemed necessary, appropriate or desirable in accordance with the Condominium Documents; and and certificates required under (@ Be responsible for preparing those statements A.R.S, 33-1806 and 1807(1). The Association shall perform its functions in accordance with the Condominium Documents and Arizona law 5.1 Membership. Each Unit Owner shall be a Member of the Association. There shall be only one membership per Unit. Ifa Unit is owned by more than one Person, all owners thereof shall share the privileges of such membership as determined among themselves, the results of which determination shall be delivered in writing to the Assoc jation; subject, however, to reasonable Rules on voting, and all such owners shall be jointly and severally obligated to perform the responsibilities of the Unit Owner of the Unit. Absent such written determination delivered to the Association, the Unit's vote shall be suspended if more than one Person’ exercise it. The membership rights of a Unit Owner who is not a natural person may be exercised only by any duly authorized officer, director, partner or trustee, or by the individual designated from time to time by the Unit Owner in a written instrument provided to the Declarant or the Association. 5.2. Quorum. Unless otherwise provided in this Declaration, a quorum shall be as defined in the ByLaws of the Association, Any act for which the vote of the Members is required shall be approved if consented to by fifty-one percent (51%) of all votes attributable to the Members entitled to vote or action in lieu of a meeting at which a quorum is present, except when a

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