The homeowner restrictions and the rules for the operation of the Resort are contained in the governing documents. These governing documents give the Board of Directors authority and direction to govern the association. They consist of:
1. Articles of Incorporation – The articles of incorporation are the formal documents filed with the State of Arizona (see: Arizona Corporation Commission (ACC)) that create the association as a nonprofit corporation under the laws of the State of Arizona. These Articles were Restated on February 17, 2009, FILED with the ACC and APPROVED by the ACC. As required by Arizona law (ARS § 10-11006), this document (minus the title page and table of contents) was published
and a Affidavit of Publication was provided to the ACC.
2. Declaration of Covenants, Conditions & Restrictions (CC&Rs) – The CC&Rs define how the physical entities that comprise the association are to be used, that is, use restrictions, easements and annexation. The CC&Rs are recorded in the official records of Pinal County, Arizona. Amendments to the CC&Rs requires the affirmative vote of at least 60% of a quorum vote (at least 538 Association Members need to vote) cast by the Association Members. Since the CC&R’s were restated on March 31, 2017, the following amendments have been approved by the membership: NONE
3. By-Laws – The By-Laws outline how the association is governed and deals with the association as a corporation, i.e. elections, assessment collections, terms of office and duties of officers. The By-Laws may be amended by the Board of Directors. The By-Laws were amended and restated on March 20, 2018 which includes amendment #1 approved by the Board on December 5, 2017. Since the By-Laws were amended and restated, the following amendments have been approved by the Board: NONE
4. Rules & Regulations – The Rules & Regulations provide direction to residents and are adopted by the Board of Directors within the guidelines of the CC&Rs. The Rules & Regulations may be amended by the Board of Directors. Four amendments to the Rules & regulations were approved on March 24, 2020.
Click to see four amendments approved March 24, 2020.
5. Design Guidelines – The Design Guidelines are a model for lot improvement. They are reasonably flexible and are intended to provide opportunities for creative, high quality development. It is the responsibility of the owner to comply with these Design Guidelines, as well as current local, state and federal building codes. The Design Guidelines may be amended by the Board of Directors.
The Design Guidelines were restated on February 4, 2020 which is the date that the Board of Directors approved Amendment #1 to the Design Guidelines. Since the Design Guidelines were restated, the following amendments have been approved by the Board: None
6. Arizona Statutes – Arizona State legislation takes precedence over all other legal documents. Arizona statutes regarding associations are in Title 33 – Property, Chapter 16 – Planned Communities. Click 33-1801 to see the first of 19 sections in Chapter 16. Click the button on the page “NEXT SECTION” to view the next section.