"Want to go to the Phoenix art museum? What would you like to do?
"Want to go to the Phoenix art museum? What would you like to do?
CONSTITUTION OF THE DESERTSCAPE PARK ASSOCIATION
ARTICLE I
NAME:
Section 1 The name of this association shall be known as the Desertscape Park Association.
Section 2 HEADQUARTERS: The headquarters of this Association shall be at the Desertscape Mobile Home Park, 2050 West Dunlap Avenue, Phoenix, AZ 85021.
Section 3 PERMANENCY: This Association shall remain active as long as there are ten legal residents.
ARTICLE II
OBJECTIVES:
Section 1 The objectives of the Desertscape Park Association are:
a. Develop and promote good fellowship.
b. Provide a recreational program.
c. Cooperate in furthering the objectives of other Desertscape social organizations.
Section 2 METHODS: The methods for accomplishing these objectives shall be by giving full support to the Park Association by petitioning, by creating and fostering sentiment favorable to proposed reforms, and by cooperating with the Park Association officers and the Park management.
ARTICLE III
MEMBERSHIP:
Section 1 ELIGIBILITY: Membership shall consist of all legal residents of Desertscape Mobile Home Park.
Section 2 No member, either singly or collectively, shall engage in any activity with the Park solely for personal gain of that person or persons while using Association or Park property, without the consent of the Association and the Park Management
ARTICLE IV
GOVERNING BODY:
Section 1 The governing body of the Park Association shall consist of a Board of Directors.
Section 2 All actions taken by the Board shall be reported to the membership at the regular monthly meeting.
ARTICLE V
OFFICERS, EXECUTIVE BOARD:
Section I The officers of the Board shall consist of the Park Association President, Vice President, Treasurer, Secretary and three (3) Members-at-Large. An AAMHO representative to be
appointed by the President will become a non-voting member of the Board. An Editor of the newsletter to be appointed by the President will become a non-voting member of the Board. A
Webmaster to be appointed by the President will become a non-voting member of the Board. An Activities Director to be appointed by the President will become a non-voting member of the Board. The President of the Royal Palm Women’s Club will also be a non-voting member of the Board. The President shall vote only in the case of a tie vote on the Board.
Section 2 The Board shall have and exercise all administrative duties of the Park Association during the period of its term of office.
ARTICLE VI
RULES OF ORDER AND METHOD OF AMENDMENTS:
Section 1 RULES OF ORDER: Roberts (Revised) Rules of Order shall be the guide in all cases to which they are applicable and in which they are not inconsistent with this Constitution and rules of the Association.
Section 2 Proposed amendments to this Constitution shall be presented in writing to the Board at least 30 days prior to their regular meeting during which a vote is to be taken. The proposed amendments with the recommendations of the Board of Directors, shall be submitted for approval to a regularly called membership meeting. A two-thirds majority of the member present shall be necessary for adoption.
ARTICLE VII
ADOPTION
Section 1 a. This Constitution was adopted by the members at a membership meeting of the Association
on January 27, 1970.
b. This Constitution was amended in part on April 20, 1971.
c. This Constitution was amended in part on October 26, 1974.
e. This Constitution was merged with the Bylaws in 1991.
d. This Constitution was amended in part on January 9, 1980
f. This Constitution was restored as a separate document on August 18, 2019.
g. This Constitution was amended to change the name of this association from Royal Palm Park
Association to Desertscape Park Association on January 19, 2023.
ARTICLE I
ORDER OF BUSINESS:
Section 1 The order of business for the conduct of the meeting of the Board of Directors and the Park Association shall, in general be in conformity with Roberts (Revised) Rules of Order and as outlined below:
A. Pledge of Allegiance
B. Reading of the minutes of the last preceding meeting
C. Reading and presentation of the Treasurer’s financial report
D. Reading of correspondence
E. Unfinished Business
F. New Business
G. Committee Reports
H. Adjournment
ARTICLE II
BOARD OF DIRECTORS:
Section 1 The Association shall be managed by the Board Of Directors
Section 2 The Board will be comprised of the President, Vice President, Secretary and Treasurer (the Officers), members at large, and non-voting board members.
PERIOD OF ACTIVITIES:
Section 1 The organized activities of the Park Association begin on January 1 of each year and shall terminate on December 31 of the same year.
ARTICLE III
FUNDS EXPENDED:
Section 1 All funds or property remaining after the last day of December every other year shall be turned over to the newly elected Treasurer.
Section 2 Should the Park Association dissolve itself, all funds and property shall be distributed to charitable organizations.
ARTICLE IV
ELECTION
Section 1 Nomination of Officers shall be held at the October Park Association meeting. A nominating committee of three (3) members appointed by the President shall present a slate of nominees at the General meeting in October. Nominations from the floor shall be called for at this time.
Section 2 Election Date: An election of the Officers shall be held at the November meeting of the Park Association. The newly elected Board members will take office January 1st of the following year.
Section 3 The offices of Vice President and Secretary shall be elected for a two (2) year term in odd-numbered years and start service in the next even-numbered year. The office of President and Treasurer shall be elected for a term of two (2) years in even-numbered years and start service in the next odd-numbered year. There are Three (3) Members at Large. The Members at Large will be elected for a three-year term, staggered so that only one Member at Large is elected each year.
Section 4 Absentee ballots will be available, upon request, from the Association secretary beginning two (2) weeks before the election. They must be returned to the Association secretary by Friday before the election.
Section 5 The officers of the elective positions shall be elected by a majority of the residents voting.
Section 6 In the event of a vacancy in any of the Board positions or the non-voting offices the President shall appoint a person to fill the remainder of that term of office with the concurrence of the rest of the Board. Should the Presidency become vacant, the Vice President shall assume the office of President and therefore fill the Vice President vacancy as above.
Section 7 In the event that there is not a nominee for an elective office, the incumbent shall continue in office until the vacancy can be filled per Section 6 above.
ARTICLE V
DUTIES OF OFFICERS OF THE BOARD OF DIRECTORS:
Section 1 a. Duties of the President: The President shall always act in a manner that will maintain the organization and work for the benefit of its members. The President shall preside at all meetings of the Park Association. The President shall appoint all standing committees, as well as special positions not qualifying for the Board and shall be a member ex-officio of all such committees and appointments.
b. Duties of the Vice-President: The Vice-President shall assist in such duties that will keep the Park Association active and shall assist the President in giving the Park Association direction. In the absence of the President or the President’s inability to serve, the Vice-President shall preside at all meetings and perform all duties performed by the President.
c. Duties of the Treasurer: The Treasurer shall receive and take charge of all money, property and securities of the Park Association delivered to the Treasurer by any Association member of officer of the Board. All funds received by the Treasurer shall be counted and the amount approved by the Vice President who shall sign the related itemization. The Treasurer shall deposit all money so received to the credit of the Park Association in a bank or banks selected by the Board. The Treasurer shall keep an accurate record of receipts and disbursements and shall render a report thereof at each meeting of the Board.
1. All disbursements shall be made by check or debit card, except for the petty cash fund that will not exceed the amount of One Hundred dollars ($100.00). The Treasurer and President shall be the two officers on the bank signature card.
2. The Association books are to be audited annually at December of each year by a majority of the Voting Board members and officers.
d. Duties of the Secretary: The Secretary shall keep a record of all proceedings of the Board and meetings of the Park Association typed and presented to the board and/or association for approval, carry on correspondence of the Park Association and perform such other duties as may be required by the Board.
e. Duties of the Members-at-Large: The Members-at-Large shall assume the duties and responsibilities mutually agreed upon by the President, the Board and themselves.
f. Duties of the AAMHO Representative: The AAMHO Representative shall attend the AAMHO Annual Meeting and may attend other AAMHO meetings. The AAMHO Representative shall stay in touch with activities of AAMHO that may affect members of the Association and report on these at Association meetings. The AAMHO representative is a non-voting member of the Board.
g. Duties of the Newsletter Content Editor: The Content Editor shall collect and co-ordinate content for the newsletter with the Production department at Cobblestone. The Content Editor may use the services of volunteers to carry out operations of the newsletter. The Content Editor is a non-voting member of the Board.
h. Duties of Webmaster: The Webmaster shall direct the creation and maintenance the Association’s website, should there be one. The Webmaster shall be responsible for the operation of the website(s), any email services for the Association, and any functioning of the web system. The Webmaster may use the services of volunteers to carry out web operations. The Webmaster is a non voting member of the Board.
i. Duties of the Activities Director: The Activities Director shall direct the creation, scheduling, and operation of any activities and events organized by the Association for the benefit of the residents. The Activities Director may appoint such persons in carrying these duties as may be desired. The Activities Director is a non-voting member of the Board.
Section 2 Unexcused absence more than twice of any member of the Board, may be cause for the President to appoint their replacement, be it either elective or appointed office.
ARTICLE VI
MEETINGS:
Section 1 Regular meetings of the Park Association shall be held at dates agreed upon by the Board.
Section 2 Board meeting date and time will be determined as agreed upon by the Board.
Section 3 Special meetings may be held at the call of the Board. Ten or more members of the Park Association may at any request a special meeting by filing such a request with the President.
ARTICLE VII
COMMUNICATIONS:
Section 1 Newsletter: The Newsletter shall be Created and overseen by the Cobblestone Division assigned to that task. The Desertscape Content Director Shall submit content to Cobblestone for inclusion in the Newsletter. The purpose of the newsletter shall be to inform Members of news and activities of the Association as well as other information that the Content Editor may determine to be of value, or the Board may request. Any advertising will be managed by Cobblestone. The Content Editor will be responsible for the newsletter and shall report to the Board on this operation. The Newsletter should be distributed on the last Friday of the month.
Section 2 Web system: The Board may decide to operate a web system which may include one or more domain names, a web site, an email system, and such other web-based functions as desired. The Webmaster will be responsible for any web system(s) and shall report to the Board on this operation.
ARTICLE VIII
COMMITTEES:
Section 1 The Board may establish standing committees to perform various functions for the benefit of the Association and may appoint person(s) to head up such committees. The Board may determine that the chairman of any such committee head shall be a non-voting member of the Board, including on an ad hoc basis.
Section 2 The Board may establish temporary committees for any specific purpose. The chairperson of any such committees will participate in Board meetings as directed by the Board, but not on a voting basis.
Section 3 Board members may be on any committee, including as committee chair, but this does not affect their voting rights.
ARTICLE IX
Section 1 These Revised By-Laws for Desertscape Park Association have been approved by a majority of its members on:
Date: March 18,2023
President: Patrick McCombs
Vice President: open
Secretary: Nan Wood
Treasurer: Mary Jane Caraher
Member -at-Large: Gail Brazell
Member-at-Large: Mary McDougal
Member-at-Large: Frances Hedrick
ARTICLE X
ADOPTION:
Section 1 a. These By-Laws were adopted by the members at a membership meeting of the Association on January 27, 1970.
b. These By-Laws were amended in part on April 20, 1971.
c. These By-Laws were amended in part on October 26, 1974.
d. These By-Laws were amended in part on January 8, 1980.
e. By-Laws – Election dates – Article V. Section 1, amended December 15, 2012.
f. By-Laws – Duties of Treasurer – Article VI, Section b, amended December 15, 2012.
g. These By-Laws were amended in part in 2003 to change the name of the organization from Royal Palm Park Association to Royal Palm Social Club. At that time the By-Laws were combined with the prior Constitution and called simply By-Laws.
h. These By-Laws were amended in part on August 18, 2019 to change the name of the organization from Royal Palm Social Club back to Royal Palm Part Association. At that time the Constitution was restored as a separate document.
i. These by-laws were rewritten on March 18, 2023 to update procedures related to the Management change from Continental Communities to Cobblestone and to reflect the change of Park name by Cobblestone from Royal Palm Mobile Home Park to Desertscape Mobile Home Park.
Desertscape MHC & RV Resort
2050 W. Dunlap Ave.
Phoenix, AZ 85021
RULES AND REGULATIONS
All reasonable means will be taken to make your stay at Desertscape MHC & RV Resort (the “Community” or the “Park”) a safe and pleasant one. The following Rules and Regulations have been made by the Community to promote the convenience, safety, and welfare of tenants in the Community, to preserve the Community’s property from abusive use, to preserve and upgrade the quality of the Community, and to make a fair distribution of services and facilities. The term “RV” as used herein includes but is not limited to park models. Any references to permission set forth herein refer to prior, written permission from the Community before the action is taken.
I. GENERAL
1. All potential tenants and/or occupants of the Community must submit a Community-provided application for residency for approval, must meet the Community’s adopted age-related, income, credit, and criminal background screening criteria to qualify for residency, and must pay any required application fees, which are non-refundable. Failure to receive Management’s prior written approval before moving onto a space in the Community may result in Management unconditionally refusing residency, and any such persons who move into the Community will be considered trespassers.
A. Age 55+ Community. In accordance with the federal Housing for Older Persons Act of 1995 (“HOPA”), the Community is intended to be and is operated as “housing for older persons.” Consequently, at least 80 percent (80%) of the occupied home sites within the Community must be occupied by at least one person who is fifty-five (55) years of age or older as of the date the exemption is claimed. Additionally, effective January 1, 2023, all residents of the Community must be at least forty-five (45) years of age (the “Secondary Age”) (before that date, which is the date that the Community’s updated Statements of Policy will go into effect, the Community does not yet have a Secondary Age). All prospective residents of the Community will be screened for compliance with these provisions, and no application for residency will be accepted without satisfactory proof of age, such as a valid driver’s license, birth certificate, or passport. The Community reserves the exclusive, unrestricted right to grant an exception to this requirement when, in the exclusive opinion of the Landlord, special circumstances warrant the granting of an exception so long as such exception does not interfere with the Community’s status as Housing for Older Persons. Any such exception must be made in writing and signed by both parties.
B. At the time of application for initial occupancy, or on demand of management, all potential tenants and/or occupants and all existing Tenants/occupants shall be required to produce for inspection and copying one of the following age verification documents: driver’s license; birth certificate; passport; immigration card; military identification; other valid local, state, national, or international documents containing a birth date of comparable reliability. On January 1 of each even numbered year, or such other date as dictated by Community Management in its sole discretion, all Tenants shall be required to provide the names and ages of all current occupants of the Home, in writing, to management. Failure to provide such requested documentation or information shall constitute a violation of these Rules and Regulations and the Tenant may be subject to eviction pursuant to applicable law.
C. Upon meeting all qualifications, all tenants must sign a rental agreement and all required addenda before residing in the Community. All approved occupants of a space must be added to the rental agreement as an occupant before they may reside in the Community. Only registered, approved tenants, who have signed a rental agreement with the Community and any required addenda, and registered, approved occupants may occupy a home in the Community. Additionally, this Community’s practice is to maintain current, updated rental documentation. Therefore, at expiration of any Rental Agreement, Community Management reserves the right to require that a new written Rental Agreement be executed, at which time Tenant must sign a new, updated written Rental Agreement with the Community.
D. Any proposed live-in caregiver(s) for a disabled resident must apply for occupancy in the Community, must undergo the Community’s criminal background screening process, and must be approved to reside in the Community before moving into any Tenant’s home. Additionally, the Tenant and caregiver must submit any reliable documentation required evidencing the disability and a disability-related need for the caregiver and, if approved, the Tenant and the caregiver must sign a Caregiver Addendum with the Community before the proposed caregiver may reside in the Community.
E. All rents are payable in advance, on or before the 1st day of each month. Late charges for delinquent rents are provided for in your rental agreement. Rents must be paid via an electronic method, as set forth in your rental agreement. Contact management for more information.
2. Basic rental rates are for one or two adults. Extra person fees (for any adults residing on the space in excess of two) are set forth in your Rental Agreement. All overnight guests must be registered at the office on the day of arrival. Guests may be allowed use of all Community facilities only when accompanied by the tenant. The tenant will be responsible for the conduct and supervision of the tenant’s guests at all times. A guest may not stay in a Tenant’s home without the tenant present.
3. No rent refunds will be made.
4. Occupancy in the Community is limited. No more than two (2) persons per bedroom, plus one (1) additional person per home, may regularly occupy the home. For purposes of this restriction, a “Bedroom” is a room intended by the manufacturer of the home to be regularly used as a bedroom and all bedrooms must contain closet space. A bedroom is not a den, family room, living room, or other room that has been converted into a bedroom.
5. Tenant shall provide management, prior to entering into the Rental Agreement, a current copy of the title or other sufficient evidence of ownership, which indicates legal owner, any lienholder(s) and serial or identification number(s) to Tenant's mobile home or RV unit (including but not limited to par models), as applicable. Tenant must also provide Landlord with a copy of the title to Tenant’s home promptly upon the Community manager’s request. The principal resident of each home in the Community must be its legal owner.
6. Tenants, members of their households, or guests are not allowed to play, enter or cut across any lots/spaces (occupied or vacant) for which they do not have permission. Entering other tenants’ spaces without prior permission of that tenant is prohibited.
7. Tenants are not permitted to alter, tamper with or repair any Community gas, water, sewer, television or telephone facilities, service connections or equipment. Contact management if you have a problem. Any damage or vandalism to Community common areas or property is grounds for termination of tenancy, and tenants will be responsible for paying the cost to repair any such damage or vandalism as additional rent and/or such amounts may be sought by the Community in an action against the Tenant for damages, or in any eviction action.
8. Vehicle speed limits are posted in the Community for safe traffic movement and must be observed. The determination of speed will be made by Management and is conclusive and binding.
9. Loud parties, excessive volume of radios, televisions or musical instruments, or any other excessive noise, will not be allowed. Tenants may not disturb the quiet enjoyment of the Community by other Tenants, residents, and guests, or by Community management.
10. Tenants are responsible for their own conduct and for that of their occupants, guests, visitors, and invitees. Tenants and their occupants, guests, visitors, and invitees must conduct themselves in a reasonable and respectful manner at all times in the Community. Offensive or inappropriate conduct towards anyone, and/or harassment of anyone, including but not limited to other tenants, occupants, guests, visitors, invitees, or Community management, vendors, employees, or staff, will not be tolerated and is grounds for termination of tenancy. Tenants, their occupants, guests, visitors, and invitees may not yell, curse at, or behave inappropriately towards other tenants, guests, visitors, invitees, Community management, vendors, employees, or staff. Tenants and their occupants, guests, visitors, and invitees must not interfere with the management or operation of the Community.
11. This Community, its name, and/or its address must not be used for the purpose of advertisements of any kind or for the sale of merchandise. No private business may be conducted in the Community. This includes but is not limited to babysitting, whether or not a fee is charged. No door-to-door solicitations of any kind are permitted. While meetings at tenant spaces are not affected by this rule, a solicitation by one tenant without prior invitation of another tenant is prohibited by this rule. If you are solicited in the Community, please notify the office at once. Carport sales (yard sales) conducted by tenants are permitted only to dispose of personal property of residents on a non-commercial basis, and only with prior written approval of the manager. Carport sales are limited to two (2) sales per home site in a 12-month period.
12. Management has the right to prevent access to the Community and to remove anyone other than approved residents deemed objectionable. Objectionable persons include but are not limited to persons previously denied residency at the Community for reasons of prior evictions (unrelated to a non-payment of rent) or criminal history; persons not qualified for residency of the Community for reasons other than inability to pay rent; persons previously evicted from the Community for reasons other than non-payment of rent; persons engaged or previously engaged in criminal activity in the Community; and persons who have previously materially violated Community rules or have been disruptive in the Community. Tenants permitting guests who are objectionable to be on the premises are subject to a notice of termination of tenancy for material non-compliance with Community rules. Management reserves the right to trespass from the Community anyone who is not an approved tenant or occupant.
II. COMMUNITY FACILITIES
13. The Community may have certain common areas and facilities. Use of these facilities is not guaranteed and common areas and facilities may be temporarily closed or even permanently closed for renovations, remodeling, change in use, meetings, Management use, training, maintenance, national emergencies, pandemics, epidemics, acts of God, due to force majeure, and the like, without any modification or reduction in the amount of rent paid. In no event may any Community recreational facility be used for events to which the general public is invited. Community social and recreational facilities are only for the use of tenants, approved occupants, and their invited guests. All personal items and trash must be removed from the common area facility upon departure.
14. Community management has the right to eject without notice any person who is unauthorized, creates a disturbance, causes a nuisance or damage, or in any way interferes with the operation of the Community or its facilities. The purpose of the common areas, including but not limited to the clubhouse, pools, and any other facilities is responsible enjoyment. The purpose of the streets is to provide a path for transportation into, out of, and throughout the Community. Loitering is not permitted in or around any facility or the streets.
15. Special rules pertaining to the Community facilities and any equipment therein are posted at those locations. Those special rules constitute a part of these Rules and Regulations, and violation of them will be treated as a violation of these Rules and Regulations. Additionally, Tenant and all guests, occupants, and visitors must comply with any laws, codes, ordinances, executive orders, and/or orders from federal, state, or local government applicable to the Community including but not limited to any health-related orders, guidance’s, or guidelines, and/or mandates.
16. Swimming Pool.
A. Swimming pool hours are posted. Management reserves the right to close down the pool area (the “pool area”) for maintenance, training, due to force majeure, and/or or other management purposes and/or needs, in Management’s sole discretion. Additionally, Management reserves the right to close down the pool area and/or store all pool furniture indoors as dictated by weather and/or other circumstances. Rules regarding the use of the swimming pool are posted in the pool area. NO LIFEGUARD IS ON DUTY IN THE SWIMMING POOL AREA. SWIM AT YOUR OWN RISK.
B. Guests in the pool area must be accompanied by a resident. When posted maximum pool capacity is reached, guests must leave to make way for residents wishing to use the pool area. Management reserves the right to set time limits for use of the pool area if circumstances dictate, in the sole discretion of Community management.
C. All use of the swimming pool is at the user’s risk. Management assumes no responsibility or liability for physical problems or personal injury connected with the use of the pool. It is strongly recommended that no person use the swimming pool unless accompanied by at least one other person.
D. All persons must shower before using the swimming pool. No sun tan oil may be used before entering the pool. All persons must wear a swimsuit in the pool. No street clothes are permitted in the swimming pool. Nudity is strictly prohibited at the swimming pool and in all of the Community’s common areas. Swimmers may not use any objects in the pool that may leave rust stains or damage the filter pumps if lost. No glass of any kind is allowed in or around the pool area, including but not limited to bottled drinks or foods. The pool may not be used for personal bathing or hygiene purposes.
E. Anyone who is incontinent must wear a swim diaper or rubber pants designed for pool use. Intentional urination and/or defecation in the pool is prohibited.
F. No running, horseplay, or unsafe activity of any kind is allowed in or around the pool and pool area. Jumping or diving into the pool is prohibited. No personal radios, tape recorders, compact disc players, or audio listening devices of any kind are allowed in the pool area, except if used with headphones or earphones in a manner that does not disturb other residents, or for Community activities specifically authorized by Management. Large pool toys are prohibited. Each person using the pool must respect the rights of others. Any person who is a substantial annoyance to others using the pool may be required to leave the pool area. The Community is not responsible for lost, stolen, or damaged items in the pool area.
G. No person who does not know how to swim may use the pool unless accompanied by at least one person who knows how to swim and who is capable of assisting a non-swimmer in the event of an emergency. All persons using the pool are requested not to swim alone under any circumstances as no lifeguards are on duty at the pool.
H. Management reserves the right to revoke residents’ permission to use the pool for non-compliance with pool rules.
I. This is a 55+ Community. An inexperienced swimmer may use the pool only with supervision by an experienced swimmer
17. Perimeter fencing around the Community is for the privacy of residents and adds to the peace and quiet of the Community. No one is allowed to climb on or over the fencing at any time.
18. The consumption of alcoholic beverages is not permitted in any common area of the Community. Only non-alcoholic beverages in non-breakable containers are allowed in any part of the Community’s common area or recreational facilities at any time.
19. No bicycle riding, skateboarding, or roller-skating is permitted on vacant spaces or the area around the recreation center. Baseball, basketball, or other ball games or other games are not allowed in the Community streets.
III. LOT AND HOME CONTROL
20. There are no lot lines separating spaces; the configuration of each space is designated by management. Each space will remain under the direct control of Community management. Landlord reserves the right to adjust the dimensions of each space at any time for any reason that Landlord deems appropriate, including but not limited to compliance with code setback requirements, either for existing homes, or to accommodate homes being brought into the Community. The space designated for each Tenant’s use shall consist of a rough approximation of the space designated on a map of the Community maintained by Landlord from time to time. However, the space is not precisely legally described and the Landlord shall not be liable for variances between the map and the actual space. Additionally, as the size of manufactured homes and RVs change and setback requirements change, the approximate boundaries between spaces may be reasonably adjusted by Landlord. Such adjustments shall not change the rental amount that Tenant pays.
A. If any Tenant’s home, accessory structures, or appurtenances encroach on another home site, in the Community’s discretion and pursuant to this section, the Community reserves the right to require that the home, accessory structures, or appurtenances be moved or removed so that they do not encroach on the other affected home site.
21. Standard patio furniture, one or two bicycles, one barbecue and one or two pre-approved storage sheds, all of which must be maintained in a neat and clean condition, are the only items permitted to be stored outside the mobile home or other unit. Tenants shall maintain their space in a clean and orderly fashion and care for all plantings, trees and shrubs, including but not limited to trimming them. Plantings and/or trees may not be removed without management’s prior written approval. Saguaro cactus may not be removed without prior written approval of Community management, and a permit is required and must be obtained by Tenant at Tenant’s expense before the removal occurs; removal of a saguaro cactus without prior written approval of Management and any required permit constitutes criminal conduct. Additional planting must be approved in advance to prevent disturbing underground utility lines. Management has the right at any time to enter the space (but not tenant's mobile home or RV, unless the home is rented from the Community) to verify compliance with these and all Rules.
22. NO trampolines, swimming pools, or spas are permitted on Tenants’ spaces. Such items are specifically prohibited.
23. It is the tenant’s responsibility to arrange for upkeep and maintenance of their mobile home or RV and space before leaving on extended periods and notify the manager of such arrangements before leaving. Should a space be in need of care, tenant may receive a notice to this effect and be given ten (10) days to remedy the situation. If not complied with, the work may be done, in which case tenant will be charged the actual or reasonable cost of the work as additional rent. Alternatively, or additionally, the Community may terminate the rental agreement.
24. Each space must be attractively landscaped and well-maintained on all sides. Management must pre-approve, in writing, the type and location of all trees planted. Installation of landscaping, fences, walls, or any other modifications or alterations to the home or the space require management’s prior written approval of your plot plan before any work begins. Fences are prohibited without prior written approval of Community management. The installation of new lawns is prohibited—only desert landscaping is permitted. If any home site has an existing lawn, the grass must be removed upon sale and desert landscaping installed.
25. All improvements, modifications, and/or alterations to the space and/or home require prior written approval of the Community. Forms to seek Community approval of any improvement, modification, or alteration are available in the Community office. Any digging in the Community must have prior written approval of management. All additions or modifications of any kind, including but not limited to awnings, skirting, storage sheds, enclosures, etc. must comply with all state, county and city laws and zoning regulations in addition to these Rules and Regulations. In some instances, if required by the relevant governmental entity, including but not limited to Maricopa County, it may be necessary to obtain building permits. If approval is received from the Community, any work performed must be consistent with what was approved and in compliance with all applicable laws and codes, and if required, a permit must be obtained before any work is started. Tenant is solely responsible for obtaining and paying for any required building permit.
A. The Community required initial specifications for improvements, accessories and equipment consist of:
1. All mobile homes and park models brought into the Community must be new unless an exception is made by Management in writing. Any home being brought into the Community must be approved by Management, in writing, before it is moved in. Used homes will only be permitted with prior written permission of Landlord if the year of manufacture is less than twenty (20) years prior to the date of the proposed move-in and if they are in good condition and otherwise comply with the requirements set forth in the Community’s Statements of Policy and these Rules and Regulations, as written and as amended from time to time. In general, spaces that will accommodate doublewide homes are reserved for doublewide homes (single section homes will not be permitted on doublewide sites) and otherwise, Homes must be compatible with or better than the quality and appearance of the majority of other Homes in the Community. Homes must be set above grade, unless Management provides prior written consent to another type of set; and homes must be located on-site in a uniform manner as directed by Management. It is Tenant’s responsibility to have tow hitch(es) promptly removed and stowed away from sight. The Community reserves the right to consider other than new homes for installation in the Community subject to their meeting design and appearance criteria for the Community or for that section of the Community. Home installation is the responsibility of the Tenant and should be arranged independently with the Tenant’s mobile home dealer and/or licensed contractor. Tenant is responsible for ensuring that all laws, ordinances, setbacks, permitting requirements, and the like are complied with. Installation of awnings, skirting, and landscaping must be completed on or before 30 days from the date the mobile home or park model is installed in the Community, unless an exception is granted as set forth below.
2. The dimensions of any Homes permitted in the Community shall vary depending on the space to be occupied, the required setbacks and any accessory structures to be installed. Tenant must obtain Management’s prior written approval for the placement of any Home or accessory structure to be installed.
3. All mobile homes and park models must have approved skirting and awnings within thirty (30) days of move in. All such materials must meet Community standards. Extensions of time to install skirting and/or awnings may be given by Community Management in Management’s discretion, for good cause, not to exceed an additional thirty (30) days.
4. Siding/Roof: Mobile homes and park models must be wood or vinyl-sided, with shingled, peaked roofs.
5. Deck/Steps: Tenant may install a raised deck covered with clean and professional appearing flooring designed for outdoor use. If a deck is installed, it must be at least 6 feet by 10 feet or such other size as pre-approved in writing by Community management. At the home’s front door entrance, Tenant must install steps with professional railings and skirting to match the home, with flooring to match the flooring of the deck if one is installed. The second entrance to the home must also have steps with professional appearing flooring and railing and skirting to match the home. Management will allow for adjustments in size of the deck if the home site does not allow for the minimum size stated. Commercial steps designed for manufactured homes may be installed in place of a deck at the front door entrance with prior written approval of Management. Such steps must be fully enclosed, have handrails with a clean and professional appearance and be covered with a clean and professional appearing floor covering designed for outdoor use. Any temporary steps provided by dealers must be removed within thirty (30) days of move-in. The deck, steps, railing, and skirting must all be maintained in a neat, attractive, well-kept, and professional manner.
6. Deck Railings: Deck railings may be: (a) a manufactured aluminum type; or (b) manufactured wrought iron; or (c) custom-made of wood, in which case the support posts must be at least 4” X 4” wood and extend to ground level at maximum intervals of 48”. Horizontal rails must be at least 2”X4” wood at maximum intervals of 12”. Alternatively, vertical rails of at least 2”X2” or 1”X4” wood may be installed at maximum intervals of 3 5/8”.
7. Carport and Patio Awning: Many homes in the Community have aluminum awnings extending around the front and sides of the home or on both sides of the home. These awnings must be maintained in a neat, attractive, well-kept and professional manner. Tenant must install a manufactured unitized aluminum awning with aluminum awning posts meeting the Uniform Building Code and any other applicable codes over the carport that must extend the full length of the home on the carport side unless an exception is made by Management in writing before installation. Awnings must be anchored and a unitized strip is required across the entire front of the home for existing homes that have such awnings. For existing homes, awnings must be 10’ X 40’ minimum length on the patio side and 12’ X 40’ minimum length on the carport side, at management’s discretion. Management may make exceptions to these size requirements if size of home site does not allow for minimum sizes stated or in connection with any renovation or rehabilitation of the home. Home renovation or rehabilitation impacting the exterior of the home requires Management’s prior written approval. Carport awnings on homes with front parking must extend across the width of the home, have a peaked canopy with center support posts and be of a length as determined by Management for that home site. Wood or fiberglass awnings are not permitted.
8. Skirting: Tenant must install skirting that has been pre-approved by Management all around the home and all decks, porches, and additions: (a) by extending the home’s vertical hardboard siding to ground level, with horizontal cover molding; or (b) full vinyl (T-Lok type only) skirting kit. No other types of skirting will be approved.
9. Sheds: If Tenant desires to install any shed at the space, Tenant must first seek and obtain Management’s prior written approval of the materials to be used and the placement of the shed. Only two storage sheds from a pre-cut metal kit or built from a wooden kit, no larger than a combined maximum square footage of 100 square feet and no taller than 8 feet may be installed, with prior written approval of Community Management. The color of the storage shed must match or compliment the home. All construction on the shed must be completed with thirty (30) days of Management’s written approval of Tenant’s plan. The shed may only be installed at the rear of the patio or home in a location designated by management. If any permit is required, Tenant is responsible for applying for, paying for, and obtaining such permit before any installation occurs.
10. Fencing: Fencing is prohibited. Fencing that predates these Rules and Regulations and that was approved under the prior Rules and Regulations may remain on the home site as long as it is kept in neat and clean condition. If the fence is damaged beyond repair or if the home is sold, the fence must be removed and the home and home site brought into compliance with the Community’s current Rules and Regulations and Statements of Policy, as amended from time to time.
11. Landscaping: Landscaping must be either colored landscape rock bordered by decorative pre-cast concrete, with a scalloped brick border at the front of the home and down each side. A 6 mil plastic weed barrier must be placed under any decorative rock installed. The front of the space must have decorative rock with 6 mil plastic underneath. The remainder of the space may be ½ to 1 inch river rock with 6 mil plastic underneath. Only desert landscaping is permitted. New lawn installation is not permitted. Any residents with existing grass must ensure that grass is green and weed-free at all times and in good condition. Any existing grass must be removed upon the sale of the home. Landscaping must be pre-approved by Management in writing prior to installation. All landscaping must conform with the Crime-Free Mobile Housing Program. Ground cover plants within twelve (12) feet of pedestrian walkways must not exceed three (3) feet in height. Plants underneath windows should be maintained at a height below the windowsill. Trees must be trimmed so that the lower branches are at least five (5) feet above ground. Tenant is responsible for maintaining and trimming any trees located on the space, including but not limited to palm trees, along with maintaining and trimming other landscaping on the space. The trimming of any palm trees over 15 feet in height must be performed by a licensed and bonded contractor.
12. Installation of deck/steps and rear steps, awnings, skirting, and landscaping must be completed within sixty (60) days of signing the Rental Agreement or from the date that the home first occupies the space, whichever is earlier. All such installations must comply with all federal, state, and local laws, codes, and ordinances, including but not limited to any permitting requirements.
B. Only manufactured factory-type accessories, equipment, structures and appliances, which are similar in design and compatible in color to the home, are permitted. No
“homemade” accessories, equipment, structures and appliances may be installed unless of a professional quality and approved by the Community in writing prior to installation.
C. The utility pedestals and all service connections must be accessible at all times. If one of the Community's shut-off valves is located on the Tenant's space, it must be kept visible and accessible at all times.
D. All homes must display 3” high, black or other pre-approved contrasting color metal or plastic house numbers at a location designated by Management. No other signs or placards are permitted except for a “For Sale” or “Open House” sign as set forth later in these Rules.
E. Any and all holiday decorations and/or lights must be removed within 30 days after the applicable holiday.
F. Any permanent improvements must be removed at the expiration or termination of the tenancy, unless requested otherwise by Management in writing. When a home is removed from a space, all accessory structures, sheds, awnings, carports, fencing, screened rooms, additions, and all concrete must be removed unless Management requests otherwise in writing. The space must be graded and level and approximately the same level as adjoining spaces and as the original elevation. The “Removal of Homes” section of these Rules and Regulations addresses removal of homes in more detail.
26. All of the above initial specifications for homes must be met when any home is installed in the Community, and when any alterations, replacements, or improvements are made on any part of a home and/or at resale. Improvements or alterations of any kind must have prior written approval of Community management and must be completed in a professional, workmanlike manner, and must meet existing building codes including but not limited to any permitting requirements.
27. Each Tenant shall maintain the tenant’s space, home and all improvements (including but not limited to the maintenance and trimming of all trees, shrubbery, lawns (if any), and landscaping) to reflect a clean, attractive and well-kept appearance at all times. If the space is not maintained properly, management will issue appropriate notice and if not corrected Management may correct the condition and charge accordingly as additional rent or terminate the tenancy.
A. Tenant shall maintain all accessories, equipment, structures and appliances attached to the space or home or placed thereon in good condition and repair. This obligation includes but is not limited to the replacement of any such items which are missing or damaged to the point that they cannot be repaired, and the repainting of the home and improvements when they are reasonably in need of repainting. Tenant must obtain written color approval from Community management prior to re-painting of mobile home or RV and/or any accessories, equipment, structures, or appliances on the space. Management, in its sole discretion, reserves the right to deny any colors it believes to be incompatible with other homes in the Community or that would negatively impact the Community’s appearance. The following conditions (by way of example and not limitation) are not permissible and must promptly be corrected: (1) broken or cracked glass doors or windows; (2) visible or unsightly dents; (3) bent or dented awning or carport support posts or porch railings; (4) visible and unsightly rust, corrosion, fading, blistering, or cracking on painted surfaces; (5) utility connections that leak, are unsafe, impede yard maintenance, and/or violate any health or safety codes or regulations; (6) exterior carpet that is torn, dirty, or loose; (7) generally dirty appearance of the home (i.e., the home needs to be washed).
B. All concrete, asphalt and other surfaces on the space shall be kept clean and maintained free of oil drippings, grease and other debris, and kept in good repair and condition. Tenant is responsible for maintaining Tenant’s driveway and all other concrete on the home site. The cost to clean, repair, or replace a damaged driveway is the Tenant’s responsibility.
C. All trash, paper, glass, cans and wrapped sanitary napkins are to be deposited in the trash. To prevent clogged sewer lines, DO NOT flush sanitary napkins, disposable diapers, Kleenex, paper towels, cigarette butts, cooking grease, or any other undissolvable materials or foreign objects down toilets, sinks, or garbage disposals. The costs of clearance of stoppages or repairs of sewer lines caused by Tenant's negligence or improper usage or intentional misuse, are the responsibility of the Tenant and may be charged to Tenant as additional rent.
D. Tenant is responsible for disposing from Tenant’s space all rubbish, garbage and other waste in a clean and safe manner. All trash must be bagged and tied/sealed before being placed in the disposal bin. Tenants may not dispose of business or commercial trash in the Community. Do not enter any garbage containers to remove any refuse. “Dumpster diving” is prohibited. Large items such as furniture, appliances, large landscaping trimmings, etc., shall not be placed in or beside Community disposal bins but must be taken to an appropriate disposal site outside of the Community. Hazardous wastes, including but not limited to batteries, tires, paint, used motor oil, and the like, must be disposed of in accordance with county and city regulations and in an appropriate facility, and may not be disposed of in the Community.
E. All personal property of Tenant must be stored in an appropriate, pre-approved storage shed or in the home. Except for standard patio furniture, barbecue equipment and one or two operable bicycles (all of which must be kept in an attractive and well-maintained condition), NO personal property accumulation is permitted around the home, on driveways, carports, patios or on porches without prior written approval of Community Management. In this paragraph, personal property includes, but is not limited to, overstuffed or indoor type furniture, appliances, ironing boards, brooms, mops, tools, toys, gardening equipment, debris, refuse, litter, firewood or other such items which are unsightly in the sole discretion of management.
F. Nothing other than wheels and hitches from the mobile home or park model may be stored under the home.
G. No material of a combustible, explosive, volatile, poisonous, gaseous, noxious or corrosive nature shall be stored on the space.
H. Nothing is permitted to be hung outside of the home or storage shed to dry, to air or for any other purpose, except as specifically permitted herein.
I. Tenant's responsibility extends to keeping the street and gutters in front of Tenant’s space clean and free of debris at all times.
J. Aluminum foil, cardboard, plywood or similar material is not permitted in the windows or doors of the home. Window coverings designed for that purpose, with a neat, clean, and professional appearance, must be used in windows.
K. Trees on the Tenant’s space are part of the space. Pursuant to A.R.S. § 33-1451(A), Tenant is responsible for maintaining trees on the space including but not limited to trimming as necessary to ensure the health of the tree and to avoid safety hazards. Landlord is responsible for trees in the common areas. Tenant may not remove or disfigure a tree without prior written permission from Management. Unauthorized removal or destruction of a tree on the space not originally planted by Tenant constitutes destruction of valuable Landlord property and can be cause for immediate eviction. Unauthorized removal or destruction of any saguaro cactus is a crime and is also cause for immediate eviction. Tenant is responsible for trimming and maintenance of all palm trees on the space, if any. Such maintenance shall include trimming annually each summer. For safety reasons, all trimming of palm trees over 15 feet in height must be performed by a licensed and bonded contractor. If Tenant does not trim palm trees on the space by July 15 of each year, the Community reserves the right to have this work performed and bill the tenant for it as additional rent. Landlord reserves the right to remove palm trees that are located on Tenant’s space at Landlord’s sole discretion.
L. Landscaping must comply with Crime Prevention Through Environment Design requirements. Ground cover plants (bushes and shrubs) must be maintained at a maximum height of three (3) feet so that plants do not impair the view of residents. Plants under windows must be maintained at a height below the windowsill. Trees must be trimmed so that lower branches are at least five (5) feet off of the ground. Landscaping cannot interfere with lighting distribution. Landscape rock may not be allowed to spread into the street or driveway. Tenant must regularly trim, water, and care for all landscaping.
M. Other than the twelve-inch (12”) by eighteen-inch (18”) “For Sale” or “Open House” sign as specifically permitted by these Rules and Regulations, all other signs and placards on the space are prohibited. Flags are only permitted with prior written approval and in accordance with the rules set forth later in these Rules.
N. The following are prohibited:
a. Window or wall-mounted air conditioners or evaporative coolers;
b. Duct work on the roof of the home;
c. Screening (including but not limited to bamboo blinds, lattice, trellises, and non-framed shade cloth);
d. Foil-backed window panels/screens.
O. Water, sewer, electrical, and gas connections must meet local codes and Community requirements. The Community will not be responsible for any obligations contracted by Tenant for repair or maintenance of Community property. If such action is planned, Tenant must seek and obtain the Community’s prior written approval.
P. Tenants may not alter, connect, disconnect, or repair any Community or utility company utility service. Tenants are solely responsible for service connections and related problems between the outlet provided by the Community (usually the service post or meter) and Tenant’s home, including but not limited to maintenance of the sewer lateral to the main line. If Tenant plans to do any digging in the yard, Tenant must first obtain Management’s prior written approval so that placement of utility lines or pipes can be blue staked. If Tenant, Tenant’s agent, or Tenant’s contractor damages any such utility line or pipe, Tenant must pay all costs of repairing such damage, as additional rent on Tenant’s next rent invoice. Tenant must maintain essential utilities in service to the home at all times—including but not limited to water, sewer, and electricity. Tenant may not utilize alternative power sources for power (i.e. generators, extension cords, and the like). Failure to maintain essential utility service is a material non-compliance with these Rules and Regulations.
28. Tenant must assist Landlord in maintaining the natural flow and drainage of water onto, across, and from Tenant’s space. This requires that Tenant do nothing that would impede the natural flow and drainage of water or assist in the build-up of water. Each Tenant is required to have rain gutters on the Tenant’s home and to use proper watering techniques on all areas of Tenant’s rented space. Each Tenant shall “level” Tenant’s home on a consistent and regular basis. It is strongly recommended that Tenant have Tenant’s home “leveled” at least once a year. The Community is not responsible for leveling a Tenant’s mobile home, park model, or other RV unit—Tenant is entirely responsible for the maintenance of Tenant’s own home. Each Tenant is liable for any personal injury, property damage, or other loss resulting from any change of water flow or drainage caused by Tenant on or from Tenant’s rented space. All water that falls on Tenant’s home must be channeled to the street on which the home is located, and away from any embankments, slopes, or other home sites, using a system of overhead gutters, down spouts, and down spout extensions.
29. Tenant is advised that the soil on the space can expand and contract significantly when exposed to moisture and heat, including sunlight. Tenant shall be responsible for any damage, repairs, maintenance, or other problems caused by expansion or contraction of the soil, including but not limited to any leveling of the home, awning, skirting, or other accessories required, or resulting from the expansion or contraction of the soil.
30. Because of the potential for serious property damage and personal injury, the use of a torch to remove a tow hitch is expressly prohibited.
31. Any and all security system devices must be approved in writing in advance by Community management. All alarm systems must conform to local ordinances, including but not limited to any required permits. No exterior sirens or bells are permitted.
32. No wood burning fire pits (in ground or moveable) of any kind are allowed to be used in the Community at any time.
IV. VEHICLES
33. Except for occasional minor repairs, repairing of automobiles, trailers, boats or other similar equipment, and vehicles is not permitted in the Community. No engine or transmission overhauling or removal, no body repair work or any other automotive work is permitted in the Community. Painting of vehicles is prohibited. Flat tires must be repaired immediately and no vehicle shall be left on blocks or jacks unattended. No waste oil, grease, or other fluids may be discharged anywhere in the Community.
34. Vehicles must be operated in a safe, courteous, and cautious manner at all times. Pedestrians, electric carts, and bicycles shall be granted the right of way. No motorized vehicle may be operated within the Community by any unlicensed persons. All vehicles operated in the Community must be properly licensed with current registration. Tenant, Tenant’s occupants and invitees must obey all posted traffic control signs (e.g., Stop signs, No Parking signs, Speed Limit signs, etc.). All persons operating vehicles in the Community must have valid driver licenses.
35. Motorcycles or small engine scooters, belonging to Tenant only, may be permitted with prior written approval of Community management provided
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