Master CC&Rs

The Greenehaven Master CC&Rs consist of multiple documents, filed separately with Coconino County.

Note: The PDFs available here are scanned images of copies of the documents filed with Coconino County. They are not intended to be used as official copies and have been watermarked as “Unofficial Copy”. To obtain official copies of these documents, contact the Coconino County Recorder.

[Docket 830, Pages 114-142, Filed April 14, 1981]

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GREENEHAVEN
A PLANNED COMMUNITY
COCONINO COUNTY, ARIZONA

RECITALS

I DEFINITIONS

1.01 Additional Property
1.02 Apartment Parcel
1.03 Association
1.04 Association Rules
1.05 Board
1.06 Bylaws
1.07 Commercial Parcel
1.08 Common Area
1.09 Declarant
1.10 Exempt Property
1.11 Lot
1.12 Lender
1.13 Owner
1.14 Parcel
1.15 Property
1.16 Subsidiary Association
1.17 Subsidiary Declaration
1.18 Supplemental Declaration

II PROPERTY RIGHTS

2.01 Easements of Enjoyment
2.02 Delegation of Use

III MEMBERSHIP AND VOTING RIGHTS

3.01 Membership
3.02 Voting Classes
3.03 Board of Directors
3.04 Qualification of Directors

IV COVENANT FOR MAINTENANCE ASSESSMENTS

4.01 Creation of Lien and Personal Obligation for Assessments
4.02 Purpose of Assessments
4.03 Special Assessments for Capital Improvements
4.04 Rate of Assessment
4.05 Date of Annual Assessments; Due Date
4.06 No Offsets
4.07 Homestead Waiver
4.08 Notification of Sale and Transfer Fee
4.09 Subordination of the Lien to Lenders

V EFFECT OF NONPAYMENT OF ASSESSMENTS AND REMEDIES

5.01 Delinquency
5.02 Late Charges
5.03 Interest
5.04 Action at Law
5.05 Notice of Lien
5.06 Foreclosure Sale
5.07 Suspension of Votes
5.08 Suspension of Recreational Privileges

VI ARCHITECTURAL CONTROL

6.01 Prohibition of Unapproved Improvements
6.02 Request for Approval
6.03 Effect of Reservation
6.04 Exercise by Subsidiary Association

VII EXPANSION OF PROPERTY

7.01 Reservation of Option to Expand the Property
7.02 Supplemental Declaration

VIII EFFECT OF NONCOMPLIANCE WITH RESTRICTION

8.01 Dangerous Condition
8.02 General Violation

IX GENERAL PROVISIONS

9.01 Enforcement
9.02 No Waiver
9.03 Cumulative Remedies
9.04 Severability
9.05 Covenants to Run With the Land; Term
9.06 Construction
9.07 Gender and Number
9.08 Nuisance
9.09 Attorneys’ Fees
9.10 Notices
9.11 Effect of Declaration
9.12 Personal Covenant
9.13 Non-liability of Officials
9.14 Use of Funds
9.15 Conflicting Provisions
9.16 Amendments

This Declaration is hereby made as of the date hereinafter set forth by Greenehaven Development Corporation an Arizona corporation (hereinafter referred to as the “Declarant”).

WITNESSETH:

WHEREAS, the Declarant is the fee owner or purchaser under Certificates of Purchase from the State Land Department of the State of Arizona of certain real property, comprising a total of approximately 187 acres located near Lake Powell in the County of Coconino, State of Arizona more particularly described as follows:
SEE EXHIBIT “A” ATTACHED HERETO AND HEREBY INCORPORATED BY REFERENCE (Hereinafter referred to as the “Property”).

WHEREAS, Declarant has developed a conceptual master plan for the Property, and the remainder of Section 32, Township 42 North, Range 8 East, Gila and Salt river Base and Meridian (hereinafter referred to as the “Additional Property”), and has procured the approval of the conceptual master plan by the Department of Community Development of the County of Coconino of the State of Arizona, with the intention of creating a first-class environment where all subsequent owners will take pride in their community;

WHEREAS, Declarant desires to develop the Property in stages into planned residential, office, commercial, industrial and other uses;

WHEREAS, Declarant intends to acquire, by lease or purchase, the Additional Property and desires to provide for the annexation of the Additional Property into the Property by Supplemental Declaration;

WHEREAS, Declarant has constructed and installed through affiliate corporations the necessary utilities and off-site improvements to provide water, sewer, power and other necessary utilities to service the Property and the Additional Property;

WHEREAS, Declarant desires to form a non-profit corporation for the purpose of; (a) acquiring, constructing, operating, managing and maintaining a variety of common areas in the Property; (b) establishing, levying, collecting and disbursing assessments and other charges imposed hereunder; and (c) acting as the agent and representative of members of the Association and residents of the Property to administer and enforce use and other restrictions imposed upon various parts of the Property;

NOW, THEREFORE, Declarant hereby declares that all of the Property shall be held, sold and conveyed subject to the following reservations, easements, restrictions, covenants, conditions, charges and liens which are for the purpose of protecting the value and desirability of, and with shall run with, the Property and be binding upon all parties having any right, title or interest in and to the Property, or any part thereof, their successors and assigns, and shall inure to the benefit of Declarant and each Owner of any part of the Property.

I DEFINITIONS

As used in the Declaration, the following definitions shall apply, unless the context otherwise requires:

Section 1.01. “Additional Property” means all of Section 32, Township 42 North, Range 8 East, Gila and Salt River Base and Meridian, Coconino County, Arizona except the portion thereof described on EXHIBIT “A” attached hereto and hereby incorporated by reference.

Section 1.02. “Apartment Parcel” shall mean and refer to each legally identifiable residential parcel of land in the Properly zoned for use as two or more dwelling units.

Section 1.03. “Association” shall mean and refer to the GREENEHAVEN PROPERTY OWNERS ASSOCIATION, INC., an Arizona non-profit corporation, its successors and assigns.

Section 1.04. “Association Rules” shall mean and refer to the rules and regulations adopted by the Board pursuant to this Declaration.

Section 1.05. “Board” shall mean the Board of Directors of the Association elected pursuant to the Bylaws and serving as the governing body of the Association.

Section 1.06. “Bylaws” shall mean the Bylaws adopted by the Board for the purpose of regulating the affairs of the Association.

Section 1.07. “Commercial Parcel” shall mean and refer to each legally identifiable parcel of land in the Property which is zoned for any commercial or industrial purpose.

Section 1.08. “Common Area” shall mean all that real property conveyed to, or acquired by the Association, which is for the common use and enjoyment of the Owners, and all improvements hereafter constructed thereon by the Declarant or the Association.

Section 1.09. “Declarant” shall mean Greenehaven Development Corporation, and Arizona Corporation, and the successors and assigns of Declarant rights and powers hereunder.

Section 1.10. “Exempt Property” shall mean: (a) any part of the Property owned by the United States of America, the State of Arizona, Coconino County, or any political subdivision thereof; (b) any part of the Property owned by the Association or any Subsidiary Association; and (c) any part of the Property owned by Declarant.

Section 1.11. “Lot” shall mean and refer to each legally identifiable residential parcel of land, which is intended for ultimate use and ownership as an individual dwelling unit by one family, which is separately assessed by the county assessor and therefore receives its own property tax bill from the county treasurer, and which shall include, without limitation, an individual lot for a single family dwelling, a mobile home lot, a town home or patio home, and a condominium unit.

Section 1.12. “Lender” shall mean a mortgagee holding a first mortgage on any Parcel or a beneficiary holding a first deed of trust on any Parcel.

Section 1.13. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of fee title to any Parcel, including contract sellers, but excluding those having an interest in a Parcel merely as security for the performance of an obligation.

Section 1.14. “Parcel” shall mean part of the Property consisting of any Lot, Commercial Parcel, or Apartment Parcel, which is subject to assessment pursuant to this Declaration and which is not Exempt Property.

Section 1.15. “Property” shall mean and refer to all real property described on EXHIBIT “A”, attached hereto and hereby incorporated by reference, and such additions thereto as may hereafter be brought within the jurisdiction of the Association by Supplemental Declaration.

Section 1.16. “Subsidiary Association”shall mean any association formed for the purpose of administering and enforcing the provisions of an Subsidiary Declaration.

Section 1.17. “Subsidiary Declaration” means any declaration of covenants, conditions and restrictions which is recorded after this declaration and which is applicable to only a portion of the Property.

Section 1.18. “Supplemental Declaration” shall mean written instrument recorded in the Office of the County Recorder of Coconino County, Arizona, which amends or modifies this Declaration in accordance with its terms.

II PROPERTY RIGHTS

Section 2.01. 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 Parcel, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the common area;
(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 Parcel remains unpaid; and for a period not to exceed 60 days for any infraction of the published Association Rules;
(c) the right of the Association to dedicate, transfer, or grant easements to, all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be determined by the Board.

Section 2.02. Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the Property.

III MEMBERSHIP AND VOTING RIGHTS

Section 3.01. Membership. Every Owner of a Parcel shall be a member of the Association. Membership shall be appurtenant to and may not be separated from, ownership of any Parcel. Upon transfer of fee title to any Parcel, the new Owner shall automatically succeed to membership in the Association.

Section 3.02. Voting Classes. The Association shall have two classes of voting membership:
Class A: Class A members shall all be Owners with the exception of the Declarant. When more than one person holds an interest in any Parcel all such persons shall be members. The vote for such Parcel shall be exercised as the members among themselves determine, but in no event shall more than prescribed number of votes be cast with respect to any Parcel. The Owner of each Lot shall have one (1) vote for each Lot owned. The Owner of a Commercial Parcel shall have three (3) votes for each 43,560 square feet, or fraction thereof, comprising such Commercial Parcel. The Owner of an apartment Parcel shall have five (5) votes for each 43,560 square feet, or fraction thereof, comprising such Apartment Parcel.
Class B: The class B member shall be the Declarant. The Declarant, as the Class B member, shall solely be entitled to vote in Association affairs and shall elect all members of the Board of Directors until the Class B membership shall cease and be converted into class A membership. The Class B membership shall cease and be converted into Class A membership not later than 120 days after the Declarant has sold and conveyed ninety percent (90%) of the total land area of the Property.

Section 3.03. Board of Directors. The governing body of the Association shall be the Board elected pursuant to the Bylaws. The Board shall consist of not less than three (3) nor more than five (5) members. The Board may act to increase or decrease its membership within the aforesaid limits and to fill vacancies in its membership for the unexpired portion of any term. Except as otherwise provided in the Declaration, the Bylaws, or the Association Rules, the board may act in all instances on behalf of the Association. The Board shall adopt the Bylaws and Association Rules.

Section 3.04. Qualification of Directors. Except for Board members designated by Declarant, each Director shall be an Owner or the spouse of an Owner (or if an Owner is a corporation, partnership, or trust, a Director may be an officer, partner, trustee, or beneficiary of such Owner). If a Director shall cease to meet such qualifications during his term, he will cease to be a Director and his place on the Board shall be deemed vacant.

IV COVENANT FOR MAINTENANCE ASSESSMENTS

Section 4.01. Creation of the Lien and Personal Obligation for Assessments. Except for Exempt property, the Owner of an Parcel, 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 late charges, interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the Parcel against which each such assessment is made. Each such assessment, together with late charges, interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be the personal obligation of the person who was the Owner of the Parcel at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to an Owner’s successor in title unless expressly assumed by such successor. Exempt Property is not subject to Assessment.

Section 4.02. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents of the Property and for the improvement and maintenance of the Common Area. To the extent that Owners are not provided with water service, sewer service, fire protection and solid waste disposal by private utilities authorized to provide such services, the Association shall provide such services and the costs thereof shall be paid for by Owners as part of their assessments unless a procedure for direct billing of the Owner is established by the person or firm providing such service. The Association procedure for direct billing of the Owner is established by the person or firm providing such service. The Association shall maintain all private roadways within the Property except to the extent that the maintenance of any such roadway is provided for by a subsidiary Association or to the extent that the County of Coconino or other government unit is obligated to maintain such a roadway.

Section 4.03. 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. The Board shall not impose a capital improvement assessment exceeding twenty-five percent (25%) of the then estimated annual assessment without the approval of two-thirds (2/3) of each class of voting membership at a meeting duly called for this purpose.

Section 4.04. Rate of Assessment. Annual and special assessments for each Lot, Commercial Parcel, and Apartment Parcel respectively shall be determined based on a fractional share of such assessments. The fractional share of each assessment shall be calculated by multiplying the total assessment by a fraction, the numerator of which is the number of votes allocated to the respective Lot, Commercial Parcel, or Apartment Parcel and the denominator of which is the total number of Class A votes authorized on the assessment date.

Section 4.05. Date of Commencement of Annual Assessments: Due Date. The annual assessments provided for herein shall commence as to all Parcels, except Exempt Property, on the first day of the month following the conveyance of the first Parcel by Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board shall fix the amount of the annual assessment against each Parcel 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 and may be on a monthly, quarterly, semi-annual or annual basis. 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 Parcel have been paid.

Section 4.06. No Offsets. All assessments shall be payable in the amount specified by the assessment and no offsets against such amount shall be permitted for any reason, including, without limitation: (a) a claim that the Association is not properly exercising its duties and powers as provided in this Declaration; or (b) an Owner has made or elects to make no use of the recreational facilities provided in the Common Area.

Section 4.07. Homestead Waiver. Each Owner, to the extent permitted by law, does hereby waive, to the extent of any liens created pursuant to this Declaration, whether such liens are now in existence or are created at any time in the future, the benefit of any homestead or exemption law of the State of Arizona now in effect, or in effect from time to time thereafter.

Section 4.08. Notification of Sale and Transfer Fee. Except for conveyances of fee title by Declarant, concurrently with the consummation of the sale or other transfer of any Parcel, or within fourteen (14) days after the date of such transfer, the transferee shall notify the Association in writing of such transfer and shall accompany such written notice with a nonrefundable transfer fee to cover Association documentation and processing. The transfer fee shall be equal to one-twelfth (1/12) of the then current regular annual assessment for the Parcel. The written notice shall set forth the name of the transferee and his transferor, the street address of the Parcel purchased or acquired by the transferee, the transferee’s mailing address, and the date of the sale or transfer, and the name and address of the transferee’s Lender, if any. Prior to the receipt of such written notice, all notices required or permitted to be given by the Association to, the Owner shall be deemed to be duly made or given to the transferee if duly and timely made and given to the transferee’s predecessor in interest. The transfer fee shall be the personal obligation of the new Owner and shall be secured by the lien in section 4.01 hereof.

Section 4.09. Subordination of the Lien to Lenders. The lien of the assessments provided for herein shall be subordinate to the lien of any tender. Sale or transfer of any Parcel shall not affect the assessment lien. However, the sale or transfer of any Parcel pursuant to mortgage foreclosure, or any proceeding in lien thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve the Owner of such Parcel from liability for any assessments thereafter becoming due or from the lien thereof.

V EFFECT OF NON-PAYMENT OF ASSESSMENTS AND REMEDIES

Section 5.01. Delinquency. Any assessment which is not paid when due is delinquent. Whenever an assessment is delinquent, the Board may at its option invoke any or all of the sanctions provided for herein.

Section 5.02. Late Charge. If any assessment is not paid within ten (10) days after it becomes due and payable, the Owner shall be obligated to pay a late charge equal to one-fourth (1/4) of the assessment due. The amount of such late charge until paid shall constitute part of the assessment lien as provided for in Section 4.01 of this Declaration.

Section 5.03. Interest. If any assessment is not paid within thirty (30) days after it becomes due and payable, interest at the rate provided in the Bylaws at the time may be assessed on the amount owing from the date due until such time as it is paid.

Section 5.04. Action At Law. The Association may bring an action to recover a delinquent assessment either personally against the Owner obligated to pay same or, upon compliance with the notice provisions herein, to foreclose the Assessment lien; provided, however, that the Association’s choice of one remedy shall not prejudice or constitute a waiver of the Association’s right to exercise the other. The costs of preparing and filing the complaint shall be assessed against the delinquent Owner and his Parcel and reasonable attorneys’ fees and court costs will thereafter be added to the amount in delinquency (plus interest and/or late charges, if appropriate) in the event that a judgment is obtained by the Association. Each Owner vests in the Association or its assigns the right and power to bring actions at law and/or lien foreclosures against such Owner for the collection of delinquent assessments.

Section 5.05. Notice of Lien. No action shall be brought to foreclose an Assessment lien at any time less than thirty (30) days after the date that a certified or registered notice of claim of lien is deposited in the United States Mail, postage prepaid, to the Owner of the applicable Parcel and a copy thereof is recorded by the Association in the office of the County Recorder of Coconino County, Arizona.

Section 5.06. Foreclosure Sale. Any foreclosure sale provided for in this Declaration is to be conducted in accordance with applicable provisions relating to the foreclosure of realty mortgages in the State of Arizona.

Section 5.07. Suspension of Votes. The Board shall suspend for the entire period during which an assessment remains delinquent the obligated Owner’s right to vote on any matter at regular of special meetings of the Association.

Section 5.08. Suspension of Recreational Privileges. The Board is authorized to suspend for the entire period during which an assessment remains delinquent the obligated Owner’s right to the use of the recreational facilities of the Property.

VI ARCHITECTURAL CONTROL

Section 6.01. Prohibition of Unapproved Improvements. Without the written approval of the Board being first obtained in accordance with Section 6.02 hereof, no Owner shall commence or maintain any improvements of any nature upon any Parcel, including without limitation, excavation, site preparation, tree removal, demolition of existing improvements, landscaping, fences, walkways, roadways, driveways, signs, exterior lighting, foundation, exterior painting, walls or buildings of any nature, either temporary or permanent, or any alterations or additions to any previously approved improvements.

Section 6.02. Request for Approval. [revised 12/1985] All requests for approval for improvements, as required by Section 6.01 hereof, shall be submitted in writing to the Board or the designated agent of the Board for this purpose, together with plans and specifications of the proposed improvement showing the nature, kind, shape, height, materials, color, location and other material attributes of the proposed improvements. At such time as the Board elects to approve such improvements in its sole and absolute discretion, the Board shall deliver such approval in writing, but such approval shall apply only to the specific Parcel for which approval is granted. Approval by the Board is limited solely to such written approval and may not be given orally, or by implication or waiver. Approval of any one set of plans and specifications for a particular Parcel shall not be deemed to constitute approval of the same or similar plans and specifications or any other or different plans and specifications for another Parcel.

Section 6.03. Effect of Reservation. This Reservation of Architectural Control is a reservation of rights which are retained for the benefit of the Declarant and all Owners. This right shall constitute a reserved right which is reserved and retained by the Declarant in the nature of a servitude or easement for the benefit of the Declarant and all other Owners in the Property. This Reservation is appurtenant to the Property and shall be binding upon all Owners and all subsequent holders of any interest in any Parcel. Decisions of the Board pursuant to this Reservation of Architectural Control shall not be subject to judicial review because the Board is given the right to approve or disapprove improvements for any reason in its sole and absolute discretion, although disapproval in some cases might be deemed by some to be arbitrary or unreasonable. By the Acceptance of a deed of conveyance of any interest in any Parcel, the Owner of such interest acknowledges that such conveyance includes only the right to own and hold the Parcel in its present condition and that the Parcel may be improved only with the approval of the Board in its sole and absolute discretion as herein provided.

Section 6.04. Exercise by Subsidiary Association. To the extent that a Subsidiary Declaration provides for the exercise of architectural control, the Association, or its duly authorized agent or committee, has first given its architectural approval of the improvement plans in question. However, the approval of plans by any Subsidiary Association is not binding on the Association, and the Association shall have the discretion to approve or reject any proposed improvements.

VII EXPANSION OF THE PROPERTY

Section 7.01. Reservation of Option to Expand the Property. Declarant intends to develop the Additional Property on a phased basis by annexing all or part of the Additional Property into the Property: however, Declarant may elect not to develop or annex all or any portion of the Additional Property. Without the approval of the Owners of the Association or existing Lenders, Declarant shall have the ability to annex all or part of the Additional Property by Supplemental Declaration and Declarant hereby reserves the right, privilege, and option to expand the Property under the name of “Greenehaven” by adding one or more portions, or all, of the Additional Property, either on a phased basis or in its entirety. However, Declarant shall be under no obligation to expand the Property; and no part of the Additional Property shall become subject to this Declaration unless and until a Supplemental Declaration shall have been executed and recorded in accordance with this Article VII.

Section 7.02. Supplemental Declaration. A Supplemental Declaration shall be a written instrument in recordable form, recorded in the office of the County Recorder of Coconino county, Arizona which annexes all or part of the Additional Property to the Property under this Declaration and which incorporates by reference all of the provisions of this Declaration.

VIII EFFECT OF NON COMPLIANCE WITH RESTRICTIONS

Section 8.01. Dangerous Condition. If the violation of any restriction or covenant of the Declaration or any Subsidiary Declaration or Supplemental Declaration poses a clear and present danger or hazard to any other Owner of any Parcel in the Property or his property, the Declarant, the Association, or any Owner shall have the right to enter upon such Parcel without notice and take such action as may be necessary to alleviate the dangerous or hazardous condition, and any expense thereby incurred shall become a lien upon such Parcel created pursuant to Section 4.01 hereof.

Section 8.02. General Violation. If the violation of any restriction or covenant of this Declaration or any Subsidiary Declaration or Supplemental Declaration poses no clear and present danger of hazard to person or property, the Declarant, or the Association shall have the right after ten (10) days’ notice in writing to the deficient Owner to enter upon such Parcel and take such action as may be necessary to correct such violation, breach or default, including without limitation, removal of any unauthorized improvements and restoration of the Parcel, removal of any unauthorized personal property and placing the same in storage at the expense of the defaulting Owner, repainting the exterior of any improvements which have been painted in an unapproved manner or color, and cleaning up any unsightly material or debris on any Parcel. Any expenses incurred in bringing an Owner into conformance with this Declaration shall become a lien against such Parcel in accordance with Section 4.01 hereof.

IX GENERAL PROVISIONS

Section 9.01. Enforcement. The Declarant, the Association or any Owner, or any combination thereof, shall have the right to enforce, by proceedings at law or in proceedings at law or in equity, all restrictions and other provisions now or hereafter imposed by this Declaration, or any amendments thereto, including the right to prosecute an action or other proceedings against such a defaulting Owner for injunctive relief, specific performance, damages, a judgement for payment of money and collection thereof, or the appointment of a receiver to take possession of the improvements on such Parcel. The Association or any Owner shall also have the right to enforce by proceedings at law or in equity the provisions of the Bylaws and Association Rules and any respective amendments thereto.

Section 9.02. No Waiver. Failure by the Declarant, the Association or any Owner to enforce any restriction or provision herein contained, or contained in the Bylaws or Association Rules, in any certain instance or on any particular occasion shall NOT be deemed a waiver of such right of enforcement as to any such future breach of the same or any other restriction or provision.

Section 9.03. Cumulative Remedies. All rights, options and remedies of Declarant, the Association or the Owners under this Declaration are cumulative, and no one of them shall be exclusive of any other, and Declarant, the Association, and the Owners shall have the right to pursue any one or all of such rights, options and remedies or any other remedy or relief which may be provided by law, whether or not stated in this Declaration.

Section 9.04. Severability. Invalidation of any one or a portion of the restrictions or provisions set forth in this Declaration or in the Bylaws or Association Rules by judgement or court order shall in no way affect any other restrictions or provisions contained herein or therein which shall remain in full force and effect.

Section 9.05. Covenants to Run With the Land; Term. The restrictions and other provisions of this Declaration shall run with and bind the Property as equitable servitudes and also as covenants running with the land and shall inure to the benefit of and be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time the restrictions and other provisions shall be automatically extended for successive periods of ten (10) years, unless Owners representing not less than seventy-five percent (75%) of the voting power of the Association agree, within on (1) year prior to the end of such period, to amend or revoke the restrictions and other provisions of this Declaration in whole or in part.

Section 9.06. Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a plan for the development of a master planned community and for the maintenance of the Property. The Article and Section headings have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.

Section 9.07. Gender and Number. Whenever the context of this Declaration requires, the singular shall include the plural, and vice versa, and the masculine shall include the feminine and the neuter, and vice versa.

Section 9.08. Nuisance. The result of every act or omission whereby any provision or restriction contained in this Declaration or any provision contained in the Bylaws or Association Rules is violated in whole or in part is hereby declared to be and shall constitute a nuisance and every remedy allowed at law or in equity against a nuisance, and every remedy allowed at law or in equity against a nuisance, either public or private, shall be applicable with respect to the abatement thereof and may be exercised by the Association or any Owner. Such remedy shall be deemed cumulative to all other remedies set forth in this Declaration and shall not be deemed exclusive.

Section 9.09. Attorneys’ Fees. In the event any action is instituted to enforce any of the provisions contained in this Declaration, the Bylaws, or Association Rules, the party prevailing in such action shall be entitled to recover from the other party thereto as part of the judgement reasonable attorneys’ fees and costs of suit.

Section 9.10. Notices. Any notice to be given to an Owner, or the Association under the provisions of this Declaration shall be in writing and shall be delivered as follows:
(a) Notice to an Owner shall be delivered personally or placed in the first class United States mail, postage prepaid, to the most recent address furnished by such Owner in writing to the Board for the purpose of giving notice, or if no such address shall have been furnished then to the street address of such Owner’s Parcel. Any notice so deposited in the mail shall be deemed delivered seventy-two (72) hours after such deposit. In the case of co-Owners, any such notice may be delivered or sent to any one of the co-Owners on behalf of all co-Owners and shall be deemed delivered to all such co-Owners.
(b) The declaration of an officer to or authorized agent of the Association declaring under oath that a notice has been mailed to any Owner or Owners, to the address or addresses for the giving of notice pursuant to this Section, shall be deemed conclusive proof of such mailing.
(c) Notice to the Association shall be delivered by registered or certified United States mail, postage prepaid, addressed as follows:

President
Greenehaven Property Owners Association
Post Office Box 5009
Page, Arizona 86040-5009

Any notice so deposited in the mail shall be deemed delivered upon the date of receipt.

Section 9.11. Effect of Declaration. This Declaration is made for the purposes set forth in the recitals in this Declaration and Declarant makes no warranties or representations, express or implied, as to the binding effect or enforce-ability of all or any portion of this Declaration, or as to the compliance of any of these provisions with public Laws, ordinances, regulations and the like applicable thereto. Declarant shall have no liability whatsoever if any of the provisions of this Declaration, the Bylaws or Association Rules are determined to be unenforceable in whole or in part or under certain circumstances.

Section 9.12. Personal Covenant To the extent the acceptance of a conveyance of a Parcel creates a personal covenant between the Owner of such Parcel and Declarant, other Owners or the Association, such personal covenant shall terminate and be of no further force or effect from and after the date when an Owner ceases to be an Owner except to the extent this Declaration provides for personal liability with respect to the assessments incurred during the period a person is an Owner.

Section 9.13. Non-liability of Officiate. To the fullest extent permitted by law, neither the Board nor any officer of the Association shall be liable to any Owner or the Association for any damage, loss, or prejudice suffered or claimed on account of any decision, approval or disapproval, course of action, act, omission, error, or negligence if such Board member or officer acted in good faith within the scope of his duties.

Section 9.14. Use of Funds Collected by the Association. All funds collected by the Association, including assessments and contributions to the Association paid by Owners, if any, shall be held by the Association in a fiduciary capacity to be expended in their entirety for non-profit purposes of the Association in managing, maintaining, caring for, and preserving the Common Area and for other permitted purposes as set forth in this Declaration. No part of said funds shall inure to the benefit of any Owner (other than as a result of the Association managing, maintaining, caring for, and preserving the Common Area and other than as a result of expenditures made for other permitted purposes as set forth in this Declaration).

Section 9.15. Conflicting Provisions. In the case of any conflict between this Declaration and the Bylaws, or Association Rules, this Declaration shall control.

Section 9.16. Amendments. Subject to the other provisions of this Declaration, this Declaration may be revoked or amended as follows:
(a) Prior to the conveyance of the first Parcel to an Owner other than a Declarant, this Declaration and any amendments thereto may be amended or revoked by the execution by Declarant of an instrument amending or revoking the same.
(b) Subsequent to the conveyance of the first Parcel in the Property to an Owner other than the Declarant, this Declaration may be amended by any group of Owners, including the Declarant, representing not less than seventy-five percent (75%) of the voting power of the Association; provided however, Section 3.02 hereof may not be amended without the written consent of Declarant prior to the sale or conveyance of ninety percent (90%) of the land area, of the Property by Declarant.
(c) An amendment or revocation which only requires the execution of an instrument by Declarant as hereinabove provided shall be effective when executed by Declarant and when recorded in the office of the County Recorder of Coconino County, Arizona. An amendment which requires the affirmative written assent or vote of the Owners as hereinabove provided shall be effective when executed by the President and Secretary of the Association who shall certify that the amendment has been so approved, and when the amendment has been recorded in the office of the County Recorder of Coconino County, Arizona.

§

IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by its duly authorized officer this 4th day of February, 1981.

GREENEHAVEN DEVELOPMENT CORPORATION,
an Arizona Corporation

By: Arthur H. Greene Jr.
Its President

STATE of ARIZONA
County of Maricopa

On this, the 4th day of February, 1981, before me, the undersigned officer, personally appeared ARTHUR H. GREENE JR. who acknowledged himself to be PRESIDENT of GREENEHAVEN DEVELOPMENT CORPORATION, an Arizona corporation, and that he, as such officer, being authorized so to do, executed the foregoing instrument for purposes therein contained and in the capacity therein stated.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

C.L. Viera
Notary Public

My commission expires: Semptember 20, 1983

§

EXHIBIT “A”

LEGAL DESCRIPTION FOR GREENEHAVEN

PARCEL NO. 1.

That portion of Section 32, T42N, R8E, Gila and Salt River Base and Meridian, Coconino County, Arizona, described as follows:

BEGINNING at the Northeast corner of Section 32, T42N, R8E said point being on the Arizona-Utah State Line and the TRUE POINT OF BEGINNING;
Thence, South 0° 15′30″ East, said bearing being the basis of Bearing along the East line of said Section 32, a distance of 720.00 feet;
Thence, South 89° 45′40″ West, a distance of 750.00 feet;
Thence, North 0° 15′30″ West, a distance of 720.00 feet to a point on the North line of said section and the Arizona-Utah State line;
Thence, North 89° 45′40″ East along the North line of said section 32 and the Arizona-Utah state line, a distance of 750.00 feet to the TRUE POINT OF BEGINNING;

Containing 12.40 acres.

This property is equivalent to parcel 1 of Docket 775, page 979, Coconino County records.

PARCEL NOS. 2, 3, 4.

That portion of Section 32, T42N, R8E, Gila and Salt River Base and Meridian, Coconino County, Arizona, described as follows:

BEGINNING at the Southwest corner of Section 32, T42N, R8E;
Thence 89° 45′40″ East, said bearing being the Basis of Bearings, along the South line of said Section a distance of 2640.00 feet to the S 1/4 corner and the TRUE POINT OF BEGINNING;
Thence North 0° 15′30″ West along the North-South mid-section line of Section 32 a distance of 229.44 feet;
Thence, North 56° 51′50″ West, a distance of 561.68 feet to a point of tangent curvature to the left;
Thence, along said tangent curve to the left being concave Southerly, having a central angle of 74° 30′10″, a radius of 411.97 feet and an arc length of 535.69 feet, to a point of non-radial projection;
Thence, North 41° 36′30″ West a distance of 980.00 feet;
Thence, North 48° 23′30″ West a distance of 514.10 feet;
Thence, North 41° 36′30″ West a distance of 550.00 feet;
Thence, North 48° 23′30″ West a distance of 734.10 feet;
Thence, North 41° 36′30″ West a distance of 430.00 feet;
Thence, North 48° 23′30″ West a distance of 354.68 feet;
Thence, North 41° 36′30″ West a distance of 60.00 feet;
Thence, North 0° 15′30″ West a distance of 550.34 feet;
Thence, North 29° 44′30″ West a distance of 550.00 feet;
Thence, South 29° 14′25″ West a distance of 567.52 feet;
Thence, North 89° 45′40″ East along the East-West mid-section line, a distance of 1650.00 feet to the center of said Section;
Thence, South 0° 15′30″ East, along the North-South mid-section line of said Section, a distance of 450.00 feet;
Thence, North 89° 45′40″ East, a distance of 1750.00 feet;
Thence, South 0° 15′30″ East, a distance of 2190.00 feet;
Thence, South 80° 45′40″ West along the South line of said Section, a distance of 1750.00 feet to the TRUE POINT OF BEGINNING.

Containing 175.37 acres.

This area is shown as parcel 2, Docket 775, Page 967; parcel 3, Docket 775, page 971; and parcel 4, Docket 775, page 975. Also shown as parcels 2, 3, and 4 of the Coconino County Assessor’s Book 601 of Maps, Map 39.

[Docket 1065, Pages 231-233, Filed December 12, 1985]

SUPPLEMENTAL DECLARATION
to the
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
for
GREENEHAVEN
in
COCONINO COUNTY, ARIZONA

THIS SUPPLEMENTAL DECLARATION is hereby made as of the date hereinafter set forth by GREENEHAVEN DEVELOPMENT CORPORATION, an Arizona Corporation (hereinafter referred to as the “Declarant”).

WITNESSETH;

WHEREAS, the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS for GREENEHAVEN (hereinafter referred to as the “Declaration”) are recorded in Docket 830, pages 114 through 142, of the Coconino County, Arizona, files;

WHEREAS, the Declarant has Class B voting membership in GREENEHAVEN PROPERTY OWNERS ASSOCIATION, INC., an Arizona non-profit corporation, in accordance with Section 3.02 of the Declaration;

WHEREAS, the development of individual lots and parcels will result in a reduced area available for natural precipitation to be absorbed into the soil and may alter or encroach upon drainage courses existing on the lot or parcel before development of the lots or parcel began;

WHEREAS, the undeveloped or pervious soil remaining on the lot or parcel may not be sufficient to absorb the same amount of natural precipitation that could have been absorbed on the whole lot or parcel before development of the lot or parcel;

WHEREAS, detrimental affect could result to property downstream from the lot or parcel which may discharge water or increase the amount of water discharge from the lot or parcel after development or which may change the location of discharge for drainage courses which existed before development on said lot or parcel;

NOW, THEREFORE, Declarant hereby declares that all of the Property described in the Declaration shall be held, sold and conveyed subject to the SUPPLEMENTAL DECLARATION, which revises Section 6.02 of the Declaration as follows:

SEE EXHIBIT “A” ATTACHED HERETO AND HEREBY INCORPORATED BY REFERENCE.

IN WITNESS WHEREOF, the Declarant has caused this Supplemental Declaration to be executed by its duly authorized officer on this 10th day of December, 1985.

GREENEHAVEN DEVELOPMENT CORPORATION,
An Arizona Corporation

By Arthur H. Greene Jr.
Its President

STATE OF ARIZONA
County of Maricopa

On this, the 10th day of December, 1985, before me, the undersigned officer, Arthur H. Greene Jr., who acknowledged himself to be President of GREENEHAVEN DEVELOPMENT CORPORATION, an Arizona Corporation, and that he, as such officer, being authorized so to do, executed the foregoing instrument for purposes therein contained and in the capacity therein stated.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

[name unreadable]
Notary Public

My commission expires: 12-17-87

§

EXHIBIT “A”

REVISE SECTION 6.02 TO READ AS FOLLOWS:

Section 6.02. Request for Approval. All requests for approval for improvements, as required by Section 6.01 hereof, shall be submitted in writing to the Board or the designated agent of the Board for this purpose, together with plans and specifications of the proposed improvement showing the nature, kind, shape, height, materials, color, location and other material attributes of the proposed improvement. Owners proposing improvements to parcels, other than single-family residential lots, that change existing conditions by reducing the ability of the existing surfaces to absorb rainfall, shall submit a drainage plan, bearing the seal of a professional engineer licensed to practice in Arizona, showing the effect of the proposed improvement and how the increase in unabsorbed water is to be handled. On any lot or parcel, only the amount of runoff that left the lot or parcel before the improvements have been made, unless otherwise approved by the Board. The plans for single family lots shall show how the decrease in perviousness is to be mitigated by pending or other means. The Board may make requests from time to time for additional information and details concerning the proposed improvements. At such time as the Board elects to approve such improvements in its sole and absolute discretion, the Board shall deliver such approval in writing, but such approval shall apply only to the specific Parcel for which approval is granted. Approval by the Board is limited solely to such written approval and may not be given orally, or by implication or waiver. Approval of one set of plans and specifications for a particular Parcel shall not be deemed to constitute approval of the same or similar plans and specifications or any other or different plans and specifications for another Parcel. The Board assumes no responsibility for the accuracy of any drainage plans presented. Approval of drainage plans, submitted by a professional engineer, does not relieve the Parcel Owner of the responsibility for the accuracy of such plans or the constructing of improvements in accordance with such plans.

[Docket 1262, Pages 31-34, Filed January 27, 1989]

SUPPLEMENTAL DECLARATION OF ANNEXATION
TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
GREENEHAVEN

COCONINO COUNTY, ARIZONA

THIS SUPPLEMENTAL DECLARATION OF ANNEXATION is made as of the date hereinafter set forth by GREENEHAVEN DEVELOPMENT CORPORATION, an Arizona corporation (hereinafter referred to as the “Declarant”).

RECITALS:

(A) Declarant has prepared and caused to be recorded that certain Declaration of Covenants, Conditions and Restrictions for Greenehaven dated February 4, 1981, recorded April 14, 1981 in Docket 830, pages 114 through 142, inclusive, official records of the County recorder of Coconino County, Arizona (the “Declaration”);

(B) Pursuant to section 7.01 of the Declaration, Declarant reserved the right to expand the Property (as defined in the Declaration) by adding all or a portion of the Additional property (as defined in the Declaration) and thereby add additional acreage which will become subject to the provisions of the Declaration;

(C) Declarant desires to annex that portion of the Additional Property hereinafter described, and Declarant intends that upon the recordation of this Supplemental Declaration of Annexation the portion of the Additional property hereinafter described will be subject to the Declaration and will thereby become part of the Greenehaven planned community.

SUPPLEMENTAL DECLARATION OF ANNEXATION:

NOW, THEREFORE, Declarant, for the purposes above set forth and pursuant to Article VII of the Declaration, hereby modifies and supplements the Declaration as follows:

1. Annexation of Portion of Additional property. Declarant hereby annexes that portion of the Additional Property described on EXHIBIT “A”, attached hereto and hereby incorporated by reference, into the Property and hereby submits such portion of the Additional Property to the Declaration. All terms and provisions of the Declaration are hereby incorporated by reference and all such terms and provisions shall fully apply to the portion of the Additional Property described herein upon the date of recordation of this Supplemental Declaration of Annexation with the same force and effect as if all the provisions of the Declaration were set forth at length herein. The capitalized terms set forth in the Supplemental Declaration of Annexation shall have the meaning as set forth in the Declaration.

2. Continued Effect. Except as herein modified by the inclusion of that portion of the Additional Property described herein, the Declaration is hereby ratified and confirmed and shall remain in full force and effect.

IN WITNESS WHEREOF, the Declarant has caused this Supplemental Declaration of Annexation to be executed by its duly authorized officer on this 25th day of January, 1989.

GREENEHAVEN DEVELOPMENT CORPORATION,
An Arizona Corporation

By A. H. Greene, Jr.
Its President

STATE OF ARIZONA
County of Maricopa

On this, the 25th day of January, 1989, before me, the undersigned Notary Public, personally appeared A. H. Greene Jr., who acknowledged himself to be the President of GREENEHAVEN DEVELOPMENT CORPORATION, an Arizona Corporation, and that he, as such officer, being authorized so to do, executed the foregoing instrument for purposes therein contained and in the capacity therein stated.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

[name unreadable]
Notary Public

My commission expires: [date unreadable]

§

EXHIBIT “A”

PARCEL ONE

A portion of the Southwest quarter of Section 32, Township 42 North, Range 8 East, Gila and Salt River base and Meridian, Coconino County, Arizona, more particularly described as follows:

Commencing at the South quarter corner of said Section 32 from which the Southwest corner bears south 89° 45′40″ West (basis of bearing);
Thence North 0° 15′30″ West along the North-South midsection line a distance of 169.38 feet to the true point of beginning and the point of a nontangent curve concave southerly having a radius of 1170.00 feet and a central angle of 7° 42′48″, from said point of curve the radius point bears south 2° 28′26″ West;
Thence Westerly along said curve a distance of 157.51 feet;
Thence South 84° 45′38″ West 150.00 feet to the point of tangent curve concave northeasterly having a radius of 530.00 feet and a central angle of 45° 00′00″, from said point of curve the radius point bears North 5° 14′22″ West;
Thence Westerly along the arc of said curve a distance of 416.26 feet;
Thence North 50° 14′22″ West 305.00 feet;
Thence North 49[d] 49′05″ West 51.71 feet to the point of a nontangent curve concave southerly having a radius of 411.97 feet and a central angle of 74° 30′10″, from said point of a nontangent curve the radius point bears South 41° 22′00″ East;
Thence Easterly along the arc of said curve a distance of 535.69 feet;
Thence South 56° 51′50″ East 561.68 feet;
Thence South 0° 15′30″ East 60.07 feet to the true point of beginning;
EXCEPT all gas, oil, metals, and mineral rights as reserved in Patent from the State of Arizona recorded September 6, 1983 in Docket 942, page 636, records of Coconino County, Arizona.

Containing 5.50 acres, more or less.

THIS PARCEL IS NOW PART OF THE SUBDIVISON KNOWN AS GREENEHAVEN UNIT III PHASE I, RECORDED IN CASE 4, MAP 94, OFFICIAL RECORDS OF THE COUNTY RECORDER OF COCONINO COUNTY, ARIZONA.

PARCEL TWO

That portion of Section 32, Township 42 North, Range 8 East of the Gila and Salt River base and Meridian, Coconino County, Arizona, being more particularly described as follows:

Beginning at the Southeast corner of said Section 32;
Thence North 00° 13′23″ West along the East line of said Section 32, a distance of 3,338.34 feet to a point from which the Northeast corner of said Section 32 bears North 00° 13′23″ West, a distance of 720.00 feet;
Thence South 89° 37′56″ West, a distance of 750.00 feet;
Thence North 00° 13′23″ West, a distance of 720.00 feet to a point on the Arizona-Utah state line, also being a point from which the Northeast corner bears North 89° 37′56″ East along the Arizona-Utah state line, a distance of 750.00 feet;
Thence South 89° 37′56″ West, along the North line of said Section 32 (Arizona-Utah state line), a distance of 4,534.63 feet to the Northwest corner of said Section 32;
Thence South 00° 15′30″ East, along the West line of Section 32, a distance of 1,405.62 feet to the West quarter corner of said Section 32;
Thence North 89° 45′40″ East along the East-West mid-section line of said Section 32, a distance of 442.10 feet;
Thence North 00° 15′30″ West, a distance of 19.95 feet;
Thence North 29° 44′30″ East, a distance of 550.00 feet;
Thence South 29° 14′25″ East, a distance of 567.52 feet to a point on the East-West mid-section line of said Section 32;
Thence North 89° 45’40″ East along the East-West mid-section line, a distance 1,650.00 feet to the center of said Section 32;
Thence South 00° 15′30″ East along the North-South mid-section line of said Section 32, a distance of 450.84 feet;
Thence North 89° 45′40″ East a distance of 1,750.00 feet;
Thence South 00° 15′30″ East, a distance of 2,190.00 feet to a point on the South line of said Section 32;
Thence North 89° 45′40″ West along the South line of said Section 32, a distance of 890.04 feet to the point of beginning.
EXCEPT all gas, oil, metals, and mineral rights as reserved in Patent from the State of Arizona recorded July 22, 1988 in Docket 1229, page 742, records of Coconino County, Arizona.

Containing 227.62 acres, more or less.

PART OF THIS PARCEL IS INCLUDED IN THE SUBDIVISON KNOWN AS GREENEHAVEN UNIT IV, RECORDED IN CASE 4, MAP 155, OFFICIAL RECORDS OF THE COUNTY RECORDER OF COCONINO COUNTY, ARIZONA.