TABLE OF CONTENTS
ARTICLE I -DEFINITIONS ……………………………………………………………………...… .Page 4
Section 1. ASSOCIATION………………………………………………………………………….. 4
Section 2. COMMON AREA ………………………………………………………………………. 4
Section 3. DECLARANT. …………………………………………………………………………. 4
Section 4. LOT ……………………………………………………………………………………… 4
Section 5. OWNER………………………………………………………………………………… 4
Section 6. PRIVATE AREA………………………………………………………………………. 4
Section 7. PROPERTIES ………………………………………………………………………….. 5
ARTICLE 11 PROPERTY RIGHTS ………………………………………………………………….. 5
Section 1. OWNERS EASEMENTS OF ENJOYMENT ………………………………………… 5
Section 2. DELEGATION OF USE ………………………………………………………………. 5
ARTICLE 111 MEMBERSHIP AND VOTING RIGHTS ……………………………………………. 5
Section 1. MEMBERSHIP………………………………………………………………………… 5
Section 2 VOTING RIGHTS………………………………………………………………………. 5
Section 3. ASSOCIATE MEMBERSHIPS ……………………………………………………….. 5
ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS………………………………. 6
Section l. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS… 6
Section 2. PURPOSE OF ASSESSMENTS ……………………………………………………….. 6
Section 3. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS …………………….. 6
Section 4. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER
SECTIONS 2 and 3……………………………………………………………………….6
Section 5. UNIFORM RATE OF ASSESSMENT …………………………………………………. 6
Section 6. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS; DUE DATES …….. 6
Section 7. ASSESSMENTS FOR UNDEVELOPED LOTS ………………………………………..7
Section 8. EFFECT OF NONPAYMENT OF ASSESSMENTS; REMEDIES OF THE
ASSOCIATION ……………………………………………………………………………7
Section 9. SUBORDINATION OF THE LIEN TO MORTGAGES ………………………………..7
ARTICLE V ARCHITECTURAL CONTROL …………………………………………………………7
Section 1. APROVAL BY THE ARCHITECTURAL COMMITTEE…………………………… .7
Section 2. STORAGE OF MATERIALS ……………………………………………………………7
Section 3 .SCOPE ……………………………………………………………………………………7
ARTICLE VI USE RESTRICTIONS …………………………………………………………………….8
Section 1. RESIDENTIAL USE ……………………………………………………………….……8
Section 2. ANIMALS ……………………………………………………………………………..…8
Section 3. BUILDING REGULATIONS ……………………………………………………………8
Section 4. HEIGHT ………………………………………………………………………………. 8
Section 5. AREA ……………………………………………………………………………….. ….8
Section 6. SIGNS and FLAGS ………………………………………………………………………8
Section 7. VEHICLES/LIGHTING …………………………………………………………………8
Section 8. AIRCRAFT FUELS ………………………………………………………………….… 8
Section 9. AIRCRAFT HANGARS ………………………………………………………………...8
Section 10. AIRCRAFT REPAIR …………………………………………………………………..8
ARTICLE VII ANNEXATION ………………………….……………………………………..9
Section 1. FORM AND TIME OF ANNEXATION ……………………………………………….9
Section 2. DESCRIPTION OF THE PROJECT ……………………………………………………9
Section 3. ANNEXATION OF ADDITIONAL PROPERTY………………………………………9
ARTICLE VIII EASEMENTS …………………………………………………………………………...9
Section 1. EASEMENT TO THE ASSOCIATION ………………………………………………. 9
Section 2. ACCESS EASEMENT……………………………………………………………… ….9
Section 3. DRAINAGE EASEMENT …………………………………………………………......9
Section 4. PUBLIC UTILITY EASEMENTS …………………………………………………... ..9
Section 5. TAXIWAY EASEMENTS …………………………………………………………... 10
ARTICLE IX - MAINTENANCE ………………………………………………………………………10
Section 1. BY THE ASSOCIATION…………………………………………………………… 10
Section 2. BY THE OWNERS OF LOTS ……………………………………………………… 10
Section 3. FAILURE TO MAINTAIN………………………………………………………….. 10
ARTICLE X- INSURANCE..............................................................................……………………….. 10
Section 1. BY THE ASSOCIATION…………………………………………………………… 10
Section 2. BY THE OWNERS…………………………………………………………………. 10
Section 3. AIRCRAFT LIABILITY INSURANCE ………………………………………….. 10
ARTICLE XI GENERAL PROVISIONS ………………………………………………………….. ..11
Section 1. ENFORCEMENT ………………………………………………………………….. 11
Section 2. SEVERABILITY ……………………………………………………………………..11
Section 3. AMENDMENT …………………………………………………………………… …11
Section 4 CONDEMNATION ……………………………………………………………….. …11
Section 5. NOTICES ………………………………………………………………………… ….11
FOURTH AMENDED AND RESTATED
DECLARATION OF CONVENANTS,
CONDITIONS AND RESTRICTIONS FOR
HANGAR HACIENDAS of March 20th, 2005
THIS FOURTH AMENDED AND RESTATED DECLARATION, is made on the date hereinafter set forth by the undersigned, hereinafter referred to as "Declarants", and shall supersede that Declaration of Restrictions recorded on February 26, 2001 as Instrument No. 0138496, Official records of Maricopa County, Arizona.
WITNESSETH .
WHEREAS, Declarants are the owners of, or designated representatives of the owners of certain property in the County of Maricopa, State of Arizona, which is more particularly described as Lots 1 through 14 inclusive, Tracts. B and C inclusive of Hangar Haciendas Unit One according to the plat recorded on May 11, 1989, at Book 331 of Maps, Page 27; Lots 15 through 17 inclusive and Tract D of Hangar Haciendas Unit Two according to the plat recorded on August 3, 1994 at Book 381 of Maps, Page 16, and Tract E thereof and Lots 18 through 35 inclusive of Hangar Haciendas Unit Three according to the plat recorded on May 21,1998, at Book 470 of Maps, page 29 thereof, Official Records of Maricopa County, Arizona.
NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and 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 properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I- DEFINITIONS
Section 1. “ASSOCIATION” shall mean and refer to the HANGAR HACIENDAS HOMEOWNERS ASSOCIATION, its successors and assigns.
Section 2. “COMMON AREA” shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The common area to be owned by the Association at the time of recording of the subdivision plat is described as follows:
Tract B and C of HANGAR HACIENDAS, Book 331 of Maps, Page 27 recorded on May 11, 1989, Tract D, Book 381 of Maps, Page 16 recorded on August 3, 1994 and Tract E, Book ____ of maps, Page ___ recorded on _______________thereof, Official Records of Maricopa County, Arizona.
Section 3. “DECLARANT” shall mean and refer to Members of the Board of Directors of the Hangar Haciendas Homeowners Association aforementioned recorded plats of HANGAR HACIENDAS, Unit I, Unit II and Unit III, and the common areas owned by the Association.
Section 4. "LOT" shall mean and refer to any numbered plat of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area and Tract A.
Section 5. "OWNER" shall mean and refer to the record owner whether one or more persons or entities, of a fee simple title to any Lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 6. "PRIVATE AREA" shall mean and refer to Tract A, which is owned privately by James and Barbara Nerison to be used for commercial storage, ground operation and maintenance of aircraft, as well as other commercial purposes permitted as a non conforming industrial use. Tract A shall be and is specifically excluded from the application of this Declaration.
Section 7. ."PROPERTIES" shall mean and refer to that certain real property herein before described and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
ARTICLE II PROPERTY RIGHTS
Section 1.” OWNERS' EASEMENTS OF ENJOYMENT”.
Every Owner shall have a right and easement of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) The right of the Association to charge a reasonable admission and other fees for the use of any recreational or runway facility situated upon the Common Area, except as set forth in Article I 11, Section 3 (c); or for the assignment of an Owner's right to use the Common Area which is separate from the lease or assignment of the entire Lot.
(b) The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; or for an infraction of its published rules and regulations until compliance with the rules and regulations is confirmed by the Board; or for any violation of Federal Aviation Regulations (F.A.R.'s) by an Owner or user of the Common Area until such period of suspension or other sanction is removed. The owner and guests will not be permitted to use the runway facilities until they have submitted completed Hold Harmless Agreements.
(c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to the conditions as may be agreed to by the members. No such dedication of transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two thirds (2/3) of each class of members has been recorded.
(d) The right of the Association to permit use of the Common Areas by other than infrequent guests and to charge a fee for that use.
Section 2. DELEGATION OF USE. (a) Any owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers or assignees.
(b) Associate Members shall be entitled to use the Common Area for aircraft and landing purposes in accordance with the restrictions and regulations as are set forth in the Declaration, the Articles of Incorporation of Hangar Haciendas Homeowners Association and any Bylaws, rules or Regulations adopted by the Association.
(c) The Association shall not be entitled to charge fees or collect assessments from Associate Members. Associate Members shall have no right to vote or participate in the operation of the Association. There shall be no rights in or to the real property which is the subject of this Declaration derived by the Associate Members.
ARTICLE III MEMBERSHIP AND VOTING RIGHTS
Section 1. MEMBERSHIP. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment, except as set forth in Section 3 of this Article. The Owner of Tract A shall be entitled to two memberships, one of which may be permitted to be transferred to another Owner, provided that the transfer is concurrent with the sale of all or part of Tract A and with the approval of the Board of Directors and 51% of the Members.
Section 2. VOTING RIGHTS. All Owners shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot.
Section 3. ASSOCIATE MEMBERSHIPS.It is recognized and acknowledged that the Common Area runway facilities may accommodate more use than is likely to occur from thirty five residences.
(a) In consideration for transfer and dedication to the Association of the real property which is the Common Area by the Owner of Tract A and for development services rendered in connection with the Property, the Owner of Tract A is hereby granted thirty seven (37) Associate Memberships in the Association. The Owner of Tract A may transfer or assign the right to use the Common Area pursuant to the Associate Memberships and may receive a fee for that transfer.
(b) Associate Members shall be entitled to use the Common Area for aircraft tie-down and operations in accordance with the restrictions and regulations as set forth in the Declaration, the Articles of Incorporation of Hangar Haciendas Homeowners Association and by any Bylaws, rules or regulations adopted by the Association.
(c) The Association shall not be entitled to charge fees or collect assessments from Associate Members. Associate Members shall have no right to vote or participate in the operation of the Association. There shall be no rights in, or to, the real property which is the subject of this Declaration derived by the Associate Members.
ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS.
Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association; (1) annual assessments or charges and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided.
The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property, against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney’s fees shall also be the personal obligation of the person who was the Owner of such Property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them.
Section 2.. PURPOSE OF ASSESSMENTS.
The assessments levied by the Association shall be used excessively to promote the recreation, health, safety and welfare of the residents in the Properties, and for the improvement and maintenance of the Common Area. The annual assessment may be increased by a vote of a simple majority of Members who are voting in person or proxy, at a meeting duly called for this purpose.
Section 3. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS.
In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of a simple majority of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose.
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Section 4.. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 2 AND 3.
Written notice of any meeting called for the purpose of taking any action authorized under Sections 2 or 3 shall be sent to all members not less than 30 days or more than 60 days in advance of the meeting. All members having been notified, those in attendance and those voting by proxy shall constitute a quorum.
Section 5. UNIFORM RATE OF ASSESSMENT.
Both annual and special assessments must be fixed at a uniform rate for all Lots, except as set forth in Section 7 below, and may be collected on a quarterly or annual basis.
Section 6. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES.
The annual assessments provided for herein shall commence as to all Lots within the covered Property on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The voting members at the annual meeting shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.
Section 7. ASSESSMENTS FOR UNDEVELOPED LOTS.
The Association may provide for a reduced assessment to be paid by those Lot Owners whose property is undeveloped; provided, however, that the Owners of undeveloped Lots are assessed on a uniform basis. In collecting the assessment pursuant to this Section, the Association may consider credits towards those assessments for contributions "in kind" to construction, operation and maintenance of the Common Area by Owners of the undeveloped Lots.
Section 8. EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION. Any assessment not paid within thirty (30) days after the due date shall be subject to a late payment charge of $100 plus fees and expenses for the first year and $250 per year for subsequent years of delinquency. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non use of the Common Area or abandonment of his Lot.
Section 9. SUBORDINATION OF THE LIEN TO MORTGAGES.
The lien of the assessments provided for herein shall be subordinate to the lien of any first Mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE V ARCHITECTURAL CONTROL
1. APPROVAL BY ARCHITECTURAL COMMITTEE; No building, fence, wall or other structure or landscaping shall be commenced, erected or maintained upon the Properties; nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. 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 specifications have been submitted to it, approval will not be required and this Article will be deemed to have been satisfied.
2. STORAGE OF MATERIALS: No materials, supplies or equipment for future construction shall be stored or stockpiled on the lot prior to the owner’s obtaining Architectural Committee approval and a Building Permit for said construction.
3.SCOPE: Structures which are subject to architectural revue shall include, but not be limited to: primary residence, hangars, fences, walls barriers, outdoor swimming pools or spas, outside electro magnetic receiving/transmitting devices, solar collector and/or storage devices, storage of recreational vehicles such as motor homes, boats and travel trailers and other trailers. Swimming pools or spas which are freestanding or located above ground level are discouraged. Hangars and Accessory buildings shall be designed to be compatible with the main residence in color, surface, texture and form. No metal -sided hangars will be allowed. In addition to the twenty foot (20’) building height restriction, it is specifically not permitted to construct any two story building on any Lot in Unit III, Lots 18 through 35 inclusive.
Building plans may be submitted to any member of the Board of Directors of the Hangar Haciendas Homeowners Association for review and approval by the Architectural Committee.
ARTICLE VI USE RESTRICTIONS
Section 1. RESIDENTIAL USE. All of the numbered Lots in Hangar Haciendas shall be known and described as single family residential Lots. All structures placed on said Lots shall be of new construction and no buildings shall be moved from any other location onto any of said Lots.
Section 2. ANIMALS. No pigs, chickens, other fowl, nor any livestock other than common household pets are to be maintained on any Lot. No commercial boarding of animals is permitted on any Lot.
Section 3. BUILDING REGULATIONS.
Each Lot shall comply with applicable local zoning rules and regulations, including but not limited to the building setback requirements. Compliance with such governmental regulations shall be in addition to compliance with the Architectural Review provided for in Article V of this Declaration.
a. No Lot shall be used for storage of material or equipment until a building permit has been issued by the local governmental authority.
b. Once construction of the primary dwelling begins, completion of the exterior shell shall be accomplished within one year.
c. After an approved and completed sanitary waste disposal system is installed, temporary residence in a trailer or recreational vehicle on the site will be allowed for one year. Time extensions may be granted with the approval of the BOD.
Section 4. HEIGHT. No structure exceeding twenty (20) feet in height shall be erected or permitted on any Lot. Building construction height shall be limited to twenty (20) feet maximum over house footprint on median natural grade. No two story homes will be allowed on Lots 18-35.
Section 5. AREA. No dwelling house having living space of less than 1,800 square feet exclusive of open porches, pergolas or attached garage, if any, shall be erected on any Lot.
Section 6. SIGNS and FLAGS No business of any kind or nature whatsoever shall be conducted from any residence on any Lot. Owners may display flags representing America, Arizona, Arizona Indian Nations, U.S. Army, Navy, Marine Corps, Coast Guard, Air Force and POW/MIA. Political signs (not to exceed 36”x 36” may be displayed 45 days before an election and 7 days after .No advertising signs (except for one "For Rent" or "For Sale" sign per Lot, not to exceed thirty six inches by thirty six inches), no billboards, unsightly objects or nuisances shall be erected, placed or permitted to remain on any of said Lots.
Section 7. VEHICLES/ LIGHTING. No derelict vehicles shall be kept on any Lot, nor shall any large commercial vehicles be kept on or operated from the premises. The use of outdoor lights is discouraged, and if installed, they shall be designed in such a manner that no light shall illuminate adjacent property and lighting shall be in conformance with applicable local, state and federal regulations.
Section 8. AIRCRAFT FUELS. On site permanent storage of aircraft fuel in individual aircraft hangars, shelters or on individual Lots is prohibited.
Section 9. AIRCRAFT HANGARS.
All aircraft hangars or shelters are subject to the architectural review provision of Article V herein. All such hangars or shelters constructed on a Lot shall be architecturally compatible with the primary structure on the Lot. Metal -sided hangars are prohibited. All aircraft hangars must be constructed in conjunction with or subsequent to the construction of a residence. Hangars or aircraft shelters may be detached from or attached to a primary structure in accordance with local building regulations.
Section 10. AIRCRAFT REPAIR. No commercial aircraft repair business shall be permitted on any Lot . There shall be no storage of dismantled or disabled aircraft within the Lots or the Common Area. Aircraft being repaired and aircraft parts must be kept within an enclosed hangar building, which has been approved pursuant to Article V of this Declaration.
ARTICLE VII – ANNEXATION
The Developer, James R. Nerison, his heirs and assigns shall have the right to bring within the scheme of this Declaration additional properties within the area described in the preliminary plat of record with the Maricopa County Planning and Development Department for Hangar Haciendas without the consent of the members.
Section 1. FORM AND TIME OF ANNEXATION.
The annexation authorized pursuant to this Article shall be made by filing of record a Declaration of Annexation, or similar instrument, with respect to the additional properties, which shall extend the scheme of its Declaration to such properties at the time of the filing. Such Declarations may contain such complimentary additions and modifications of the covenants and restrictions .contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration.
Section 2. DESCRIPTION OF THE PROJECT.
(a) The maximum number of Lots to be brought within the Properties pursuant to this Section only is thirty seven (37). The initial number of Lots was fourteen (14). The annexation of Unit II added three (3) lots for a total of 17 Lots South of the Common Area. The completion of Unit III on the north side of the runway added eighteen (18) more lots for a total of 35.
(b) The Common Area, upon completion of the project, includes all of Tracts B and C, inclusive of Hangar Haciendas according to the plat recorded on May 11 1989, at Book 331 of Maps, Page 27 thereof; and Tract D, of Hangar Haciendas, according to the plat recorded on August 3, 1994, at Book 381 of Maps, Page 16 thereof, except any property dedicated to a governmental entity.
Section 3. ANNEXATION OF ADDITIONAL PROPERTY.
Annexation of property to this project which is not a part of the current plan of development described above shall be permitted subject to the written approval of a simple majority of Members who are voting in person or by proxy at a meeting duly called for this purpose.
ARTICLE VIII – EASEMENTS
Section 1. EASEMENT TO THE ASSOCIATION.
There is hereby reserved and granted to the Association , its Architectural Revue Committee, their agents and employees such easements as are necessary to perform the duties and obligations of the Association as are set forth in this Declaration, the Articles, the Bylaws and the Rules of the Association.
Section 2. ACCESS EASEMENT.
Access Easement shall mean and refer to an area identified on the recorded final plat which is owned by the Owners of the appurtenant Lots for ingress and egress and maintenance of such public utilities as are located within the Access Easement area for the benefit of the Owners of Lots, their respective families, guests, invitees and tenants and including refuse collection and emergency vehicle access. Construction, operation, maintenance and repair of the Access Easement shall be the responsibility of the Association.
Section 3. DRAINAGE EASEMENT
Drainage Easement shall mean and refer to an area identified on the recorded final plat which is owned by the Owners of the appurtenant Lots and runs over, across, under and through the Lots for the purpose of carrying drainage and runoff waters. No structure, fence, wall or planting which could impede the flow of runoff water shall be permitted within the Drainage Easement area. Maintenance of the Drainage Easement area shall be the responsibility of the Owner of each Lot through which the Easement area runs.
Section 4, PUBLIC UTILITY EASEMENTS.
Public Utility Easement shall mean and refer to an easement over, under, through and across any area identified on the final recorded plat for the purposes of maintaining public utilities, including but not limited to, water, sewer, electric, telephone, cable television and natural gas.
Section 5. TAXIWAY EASEMENTS.
Taxiway Easements shall mean and refer to an easement over, under, through and across any area identified on the recorded final plat for the purposes of aircraft ingress and egress from their Lots to Tracts B, C and D for maintenance, repair and operation of said easement for the benefit of the Owners of the Lots appurtenant to said Taxiway Easements, their families, guests, invitees and tenants.
ARTICLE IX – MAINTENANCE
Section 1. BY THE ASSOCIATION. The Association shall maintain the Common Areas and certain easement areas including Access Easements and Taxiway Easements.
Section 2. BY THE OWNERS OF LOTS Each Owner shall be responsible for the maintenance and upkeep of the Owner's entire Lot, including any improvements located thereon, Common Property adjacent to his lot, and shall keep any Drainage Easement area which cross the Owner's Lot free of structures or debris which might impede the flow of water through the Drainage Easement area.
Section 3. FAILURE TO MAINTAIN.
In the event any Owner of a Lot maintains his Lot or the improvements thereon in a manner which is unsafe or unsatisfactory to the Board of Directors of the Association, the Association, upon approval of two thirds (2/3) of the Board of Directors, shall have the right, through its agents or employees, to repair, maintain or restore the Lot and any improvements erected thereon. The cost of such maintenance shall be added to and shall become a part of the assessment to which the Lot is subject. No interior maintenance shall be performed pursuant to this Article.
ARTICLE X – INSURANCE
Section 1. BY THE ASSOCIATION. The Board of Directors or its duly authorized agent shall have the right and power to obtain insurance to the extent reasonably available for all improvements on the Common Area against loss or damage in an amount sufficient to cover one hundred percent (100%) of the replacement cost of any repair or reconstruction work in the event of damage or destruction from any reasonable hazard, and shall also obtain a broad form public liability policy covering all Common Areas and activities of the Association. In the event of damage or destruction to property insured by the Association by fire or other casualty, the Board of Directors shall, upon receipt of the insurance proceeds, contract to rebuild or repair such damaged or destroyed portions of the property to as good condition as formerly enjoyed. In the event the insurance proceeds are insufficient to pay all costs of repairing or rebuilding of such destroyed improvement, the Board of Directors shall levy a special assessment against all Owners to make up such deficiency. In the event the insurance proceeds exceed the cost of repair, the excess proceeds shall be deposited by the treasurer or president into the bank account of the Association.
Section 2. BY THE OWNERS. It shall be the individual responsibility of each Owner to provide, as he sees fit, insurance on the improvements on his Lot in the event of damage or destruction from all reasonable hazards. Each Owner shall provide as he sees fit homeowner's liability insurance, theft and other insurance covering personal property damage or personal liability loss.
Section 3. AIRCRAFT LIABILITY INSURANCE.
Every Owner or user of a licensed aircraft which is based on the Property shall provide the Association with a current Certificate of Insurance for aircraft liability. Failure to provide the Certificate of Insurance and to maintain such insurance shall result in the automatic suspension of the Owner or user's right to use the Common Area.
ARTICLE XI GENERAL PROVISIONS
Section 1. ENFORCEMENT.
The Association shall have the right to enforce, by any proceeding at law or equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. SEVERABILITY
Invalidation of any one of the covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 3. AMENDMENT
The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than a simple majority of the Lot Owners attending the annual meeting. Any amendment must be recorded.
Section 4. CONDEMNATION.
Proceeds of any condemnation of the Common Area or any settlement in lieu thereof shall be paid to the Board of Directors, as Trustee for the Owners and Mortgagees. Such funds shall be applied, if possible, to restoring the Common Area to as near original condition as possible. Any excess shall be distributed to the Owners and Mortgagees as their interests appear.
Section 5. NOTICES. Any notice required to be sent to any Owner under the provisions of the Declaration shall be deemed to have been properly sent when mailed postpaid to the last known address of the person who appears as Owner or Member on the records of the Association at the time of mailing.
IN WITNESS WHEREOF the undersigned, being the Declarants herein, have hereunto set their
hand this _______ day of March, 2005.
DECLARANTS:
Ron Opatril, President and Member, Board of Directors, Hangar Haciendas Homeowners Association
David Morris, Vice President and Member, BOD Scott Johnson, Treasurer and Member, BOD
Roger Harris, Secretary and Member, BOD Jakob Scherer, Safety Chairman and Member, BOD
Dennis Duncan, Arch. Committee, Member, BOD Steve Wene, Arch. Committee, Member, BOD
Joe Sturt, Arch. Committee, Member, BOD