Unit V CC&Rs

The Greenehaven Unit V CC&Rs as filed 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.

[Document 3133362, Pages 1 through 25, Filed March 21, 2002]

DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
GREENEHAVEN UNIT V
COCONINO COUNTY, ARIZONA

LOTS 1 THOUGHT 86 INCLUSIVE
AND
TRACT A, Drainage Tracts 5A, 5B, 5C, 5D, 5E
and 5F and Detention Area Ponds Pl & P2

TABLE OF CONTENTS

ARTICLE 1 DEFINITIONS
1.01 Architectural Control Committee
1.02 Articles
1.03 Assessments
1.04 Assessment Lien
1.05 Association
1.06 Association Rules
1.07 Board
1.08 Buffer Area(s)
1.09 Bylaws
1.10 Change Date
1.11 Common Area Tract(s)
1.12 Delinquency
1.13 Declarant
1.14 Declaration
1.15 Default Rate
1.16 Drainage Tract(s)
1.17 Greenehaven Unit V
1.18 Improvements
1.19 Late Charge
1.20 Lot
1.21 Occupant
1.22 Open Space Tracts
1.23 Owner
1.24 Parcel
1.25 Property
1.26 Restricted Common Area(s)
1.27 Restriction on Further Subdivision & Time Shares
1.28 Residential Use
1.29 Tracts
1.30 Tract Declaration

ARTICLE 2 LAND USE CLASSIFICATIONS
2.01 Land use Classifications
2.02 Single Family Residential Use
2.03 Residential Use Defined

ARTICLE 3 EASEMENTS AND RIGHTS OF ENJOYMENT IN COMMON AREAS AND BUFFER AREAS
3.01 Common Areas
3.02 Association Rights with Respect to Common Areas
3.03 Buffer Areas

ARTICLE 4 USE RESTRICTIONS
4.01 New Construction
4.02 Construction Activities
4.03 No Temporary Structures
4.04 Compliance with Laws
4.05 Underground Utilities and Service Lines
4.06 Exterior Appliances and Equipment
4.07 Signs
4.08 Lighting
4.09 Specifications for Residential Improvements on the Lots
4.09a Height Restrictions
4.09b Size of the Residence
4.09c Exterior Colors
4.09d Garage Doors
4.09e Building Setback Lines
4.09f Fences
4.09g Drainage
4.09h Re-subdivision
4.10 Restrictions on Use of Garage
4.11 Restrictions against Commercial Use
4.12 Overhead Encroachments
4.13 No Obstructions to Drainage
4.14 Nuisances and Offensive Activities
4.15 Vehicles and Parking
4.16 Animals
4.17 Mobile Homes, Boats, Campers
4.18 Repairs
4.19 Roofing Style & Materials
4.20 Clothes Drying Facilities
4.21 Single-Family Occupancy; Tenants
4.22 Restrictions and Considerations Disturbed Soil
4.23 Restrictions 25% Slopes
4.24 Landscaping
4.25 Greenehaven Property Owners Association Recreation Improvements

ARTICLE 5 Architectural Control Committee
5.01 Architectural Control

ARTICLE 6 Compliance with Laws
6.01 Compliance with Laws

ARTICLE 7 Term Extensions
7.01 Term Extensions

ARTICLE 8 Amendments
8.01 Amendments

ARTICLE 9 Enforcement
9.01 Enforcement

ARTICLE 10 Conveyances Subject to Restrictions
10.01 Conveyances Subject to Restrictions

ARTICLE 11 Severability
11.01 Severability

ARTICLE 12 Waiver of Abandonment
12.01 Waiver of Abandonment

ARTICLE 13 Gender
13.01 Gender

ARTICLE 14 Topic Headlines
14.01 Topic Headlines

ARTICLE 15 Declarant’s Disclaimer of Representations
15.01 Declarant’s Disclaimer of Representations

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”).

RECITALS:

(A) Declarant is the fee owner of that certain real property located in the County of Coconino, State of Arizona, which is more particularly described as follows: LOTS ONE (1) through EIGHTY SIX (86),and TRACT A, and Drainage Tracts 5A, 5B, 5C, 5D 5E and 5F and Detention Area Ponds Pl &P2 GREENEHAVEN UNIT V, a subdivision according to the plat of record in Case_, Map-, Official Records of the County Recorder of Coconino County, Arizona (hereinafter referred to as the “Subdivision”).

(B) The Subdivision is part of GREENEHAVEN, a master planned community Being developed by Declarant with the intention of creating a first class environment where all Owners will take pride in constructing and maintaining high quality improvements, and the Declarant deemed it desirable to establish covenants, conditions and restrictions upon the Property which would constitute a general scheme for the development and administration of Greenehaven Unit V Subdivision and for the use, occupancy and enjoyment of the Property, all for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and enhancing the quality of life within Greenehaven Community;

(C) The Subdivision is subject to the, “Master” Declaration of Covenants, Conditions and Restrictions for GREENEHAVEN recorded April 14, 1981 in docket 830, Pages 114-142, Official Records of the county Recorder of Coconino County, Arizona (the “Master Declaration”)and Supplemental Declaration dated December 10, 1985, recorded December 12, 1985 in Docket 1065, Pages 231-233, Official Records of the County Recorder of Coconino County, Arizona (the “l985 Supplemental Declaration”) and pursuant to any other Supplemental Declaration of Annexation recorded hereto in the Official Records of the County Recorder of Coconino County, Arizona;

(D) The Master Declaration provided for the establishment of Greenehaven Property Owners Association, Inc., an Arizona non-profit corporation (the “Master Association”), in order to preserve the value, desirability and attractiveness of the Property, the “Master Association” which will own and have the responsibility to maintain and administer Tract A, Drainage Tracts 5A, 5B, 5C, 5D, 5E and 5F and Detention Area Ponds Pl & P2 of the Subdivision subject to any easements which have been recorded or may be recorded in the future, and which will (through the Board of the Association appointed an Architectural Control Committee) administer the architectural control provisions of the Master Declaration and these Covenants, Conditions and Restrictions of Greenehaven Unit V; and that the Board of the Association to administer and enforce this Declaration, to collect and disburse funds as provided in the Declaration, and to perform such other acts as set forth in the Declaration and as shall generally benefit the Property and Greenehaven;
(E) In addition to the architectural control provisions of the Master Declaration, Declarant has deemed its desirable to establish Covenants, Conditions and Restrictions upon the Subdivision and each and every lot and tract thereof;

(F) Declarant will hereafter hold and convey title to all of the Subdivision, and each and every lot or tract thereof, subject to certain protective Covenants, Conditions, and Restrictions hereinafter set forth.

DECLARATION:

NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of the Subdivision shall be held, sold and conveyed subject to the reservation, easements, limitations, restrictions, servitude’s, covenants, conditions, charges and liens which are for the purpose of enhancing and protecting the value and desirability and attractiveness of the Subdivision, and all of which are declared to run with the land and to be binding upon all Owners and Occupants and all other parties having any right, title or interest or otherwise coming upon, using, or enjoying the Subdivision, or any portion thereof, their heirs, personal representatives, administrators, executors, successors and assigns;

ARTICLE 1
DEFINITIONS

As used in this Declaration, the following terms shall have the following meanings:

1.01 “Architectural Control Committee” means the committee described in Article 5 of this Declaration.

1.02 “Articles” means the Articles of Incorporation of the Association, as they may be amended from time to time.

1.03 “Assessments” means either a Regular Assessment or a Special Assessment as described in Article 3 of this Declaration.

1.04 “Assessment Lien” means the lien described in Article 3 of this Declaration.

1.05 “Association” means the Arizona non-profit corporation to be organized by Declarant to administer and enforce this Declaration and to exercise the rights, powers and duties of the Association as set forth in this Declaration and such corporation’s successors and assigns.

1.06 “Association Rules” means the rules adopted by the Board pursuant to Article Section 3 of this Declaration.

1.07 “Board” means the Board of Directors of the Association.

1.08 “Buffer Area(s)” means that portion of a public or private right-of-way dedication located between the boundary of a Lot or Parcel and the paved area of the right-of-way.

1.09 “Bylaws” means the Bylaws of the Association, as they maybe amended from time to time.

1.10 “Change Date” means the first to occur of:
(a) The date on which Greenehaven Development Corporation, an Arizona corporation have ceased to have any ownership interest whatsoever, director indirect, in Declarant; or
(b) December 31,2021.

1.11 “Common Area Tract(s)” means any portion of the Property designated as Common Area Tracts pursuant to Article 3 of this Declaration.

1.12 “Delinquency” means any portion of the annual assessment which is past due more than thirty days from the date it is due.

1.13 “Declarant” means Greenehaven Development Corporation, an Arizona Corporation, and any successor or assign of Declarant’s rights and powers hereunder to which such rights and powers have been assigned by a recorded instrument.

1.14 “Declaration” means this Declaration of Covenants, Conditions and Restrictions for Greenehaven Unit V, as amended or supplemented from time to time.

1.15 “Default Rate” means an annual rate of interest equal to the prime rate of Wells Fargo Bank, a national banking association, from time to time while interest is accruing (with interest being adjusted as and when the prime rate is adjusted) plus four (4) percentage points, but never less than fifteen percent (15%) per annum.

1.16 “Drainage Tracts” means those tracts described as Tracts 5A, 5B, 5C, 5D, 5E and 5F and Detention Area Ponds Pl and P2 which purpose is for drainage as shown on the Final Plat.

1.17 “Greenehaven Unit V” means the real property described on Exhibit A
to this Declaration.

1.18 “Improvements” means each and every change, alteration, or addition of any kind whatsoever to any portion of the Property, including, but not limited to, an excavation, grading, fill work, building, walkway, driveway, road, parking area, wall fence, swimming pool, utility installation, drainage facility, stair patio, courtyard, pole, sign or landscaping and any and all components of any of the foregoing (including, but not limited to, exterior paint, texture, color and finish scheme)and any and all modifications or alterations of or additions to any of the foregoing.

1.19 “Late Charge” means the charge as set forth in Article 6

1.20 “Lot” means any area of real property within the Subdivision designated as a lot on the subdivision plat and limited by a Tract Declaration to single-family residential use.

1.21 “Occupant” means the family, tenants, guests, invitee’s, employees licensees, and agents of any Owner.

1.22 “Open Space Area” means those tracts, which are reserved as non-developed areas without infrastructure except for landscaping and utility easements.

1.23 “Owner” means the record holder of legal title to the fee simple interest in any Lot or Parcel, including Declarant and including a purchaser of a Lot or parcel who holds equitable title to the Lot or Parcel pursuant to a recorded contract of sale, but excluding others (including trustees under deeds of trust) who hold title merely as security for performance of an obligation or the seller under a recorded contract of sale. An owner shall include each person who holds title to a Lot or parcel in joint tenancy, tenancy in common, as community property, or in other form of joint ownership. An Owner shall also include any homeowners’ or property owners’ association, trust, or similar organization owning any portion of the property, including the Association.

1.24 “Parcel” means any lot, tract or parcel within the Subdivision other than a Lot.

1.25 “Property” means the real property described on Exhibits A to this Declaration. The term “Property” also includes any real property subsequently annexed in the manner described in Article 2 of this Declaration.

1.26 “Restricted Common Area(s)” means any portion of the Common Area, which constitutes an easement over a Lot, or parcel and which lies inside a perimeter wall located on the Common area.

1.27 “Restriction on Further Subdivision & Time Shares” means no unit or lot shall be further subdivided or separated into a smaller unit by any owner, and no portion less than all of any such lot or unit shall be conveyed or transferred by any owner without the express written approval of the Board. Neither the ownership nor occupancy of any unit shall be in time-shares. No owner shall transfer, sell, assign or convey any time-share in his unit and any such transaction shall be void. “Time Share” as used in this section shall mean a right to occupy any unit or residence or any several units during five (5) or more separated time periods over a period of at least five (5) years, including any type of renewable options, whether or not coupled with an estate or interest in a residence or unit or a specified portion of a residence or unit.

1.28 “Residential Use” means only one single family residence shall be built on each lot and the single family residence shall mean a house, including and appurtenant garage or any other similar accessory structures approved in accordance with the architectural control provisions of the Master Declaration and this Declaration. Single family residential use shall mean the occupation or use of a single family residence in conformance with the requirements imposed by applicable zoning laws or other state, county, or other governmental rules and regulations by a single family, which shall mean a group of one or more persons, each related to the other by blood, marriage, or legal adoption, or a group of not more than three (3) persons not all so related, together with their domestic servants, who maintain a common household in a dwelling.

1.29 “Tracts” means the real property described on Exhibit B to this Declaration.

1.30 “Tract Declaration” means a declaration recorded pursuant to Article 3 of this Declaration.

ARTICLE 2
LAND USE CLASSIFICATIONS

2.01 Land Use Classifications. From time to time, as portions of the Subdivision are readied for development, additional declarations (a “Tract Declaration”) may be designated.

2.02 Single Family Residential Use. Lots 1 through 86 in the Subdivision (Greenehaven Unit V) shall be known and described as single family residential lots and shall be used for residential purposes only and for no other purposes.

2.03 Residential Use Defined. Only one single family residence shall be built on each lot and the single family residence shall mean a house, including any appurtenant garage or any other similar accessory structures approved in accordance with the architectural control provisions of the Master Declaration and this Declaration.

ARTICLE 3
EASEMENTS AND RIGHTS OF ENJOYMENT IN COMMON AREAS AND BUFFER AREAS

3.01 Common Areas. From time to time, Declarant may designate as Common Areas portions of the Property or rights therein. Tract A, Drainage Tracts 5A, 5B, 5C, 5D, 5E, and 5F and Detention Area Ponds Pl and P2 shall be conveyed by Declarant to Greenehaven Property Owners Association, Inc., an Arizona nonprofit corporation, to be owned, maintained, and administered by said Association as part of the Common Area of Greenehaven pursuant to the master Declaration. Tract A, shall be used for: (a) a private access-way and private easement for ingress and egress for pedestrian and vehicular traffic for owners and occupants of the lots in the Subdivision and Greenehaven and for refuse collection and emergency service vehicles; (b) an easement for installation and maintenance of appropriate utilities such as water, sanitary sewer, electricity lines, gas, or any other utilities; and (c) landscaping incidental to the use and maintenance of Tracts as a private access-way and private easement. Drainage Tracts 5A, 5B, 5C, 5D, 5E and 5F and Detention Area Ponds Pl and P2 shall be used for drainage easements and drainage facilities and required utility infrastructure.

3.02 Association Rights with Respect to Common Areas. In addition to any other rights specifically granted in this Declaration to the Association with respect to Common Areas, the Association shall have the right to:
(l) Levy assessments for the maintenance of the Common Areas and pay expenses incurred in connection with Common Areas.
(2) Levy special assessments for the maintenance and expenses in connection with Common Areas.
(3) Regulate the use of the Common Areas through Association Rules and Regulations and prohibit access to those common Areas such as drainage tracts or landscaped areas, not intended for use by Owners or Occupants, or various categories of either group.
(4) Levy and file a lien in those cases where lawful assessments have not been paid.

3.03 Buffer Areas. Except to the extent a Buffer Area constitutes Common Area or Tracts, in which case the provisions of this Declaration pertaining to Common Areas, each Owner and Occupant of a Lot or parcel shall have a non-exclusive easement to use and enjoy any Buffer Area adjoining the Lot or Parcel owned by the Owner. No improvements, other than landscaping which the Owner of the Buffer Area has approved, shall be made to any Buffer Area by any Owner or Occupant.

ARTICLE 4
USE RESTRICTIONS

4.01 New Construction. All structures on the lots shall be of new construction and no building shall be moved from any other location on to any other lot.

4.02 Construction Activities. Normal and reasonable construction activities and parking in connection with an Improvement on a Lot, as determined by the Architectural Control Committee, shall not be considered a nuisance or otherwise prohibited by this Declaration. Contractors, agents or suppliers shall not, in the course of construction, use any roads or tracts within the Property which Declarant or the Board designates as off-limits for construction vehicles. In addition, any construction equipment and building materials stored or kept on any Lot, Parcel or Tract during construction of Improvements may be kept only in areas approved and screened in accordance with the requirements of the Architectural Control Committee. All construction refuse shall be contained on the Lot where the construction is in progress, in an appropriate refuse container. All construction work shall be carried forward diligently from commencement until completion so that the Lot shall not remain in a partly finished condition any longer than reasonably necessary for the completion of the construction work. No construction trailers or similar facilities shall be permitted in connection with construction on Lots, other than Townhouse/Patio-Homes or Commercial projects except upon approval by the Architectural Control Committee as to placement and exterior appearance of the trailer (including any signs or advertising material located on any trailer). Any trailer or similar facilities approved for use during construction shall be removed immediately following the completion of construction.

4.03 No Temporary Structures. No temporary structure shall be constructed or placed on any Lot except as required in connection with the construction of the residential improvements; provided, however, that any approved temporary structure used during the course of construction shall be removed promptly upon completion of the improvements. At no time shall any temporary structure be used as a temporary residence. Notwithstanding the foregoing, Declarant, or any successor, may maintain a temporary sales office or a completed residential house used only for the purposes of the original sales of Lots or residences constructed or to be constructed upon the Lots; provided, however, that such temporary sales office shall be removed promptly upon completion of the original sale of the Lots or residences. No mobile home or manufactured housing shall be permitted on any Lots.

4.04 Compliance with Laws. All uses, activities and Improvements on any Lot shall conform to and be done in compliance with all applicable governmental laws, statutes, rules, codes, regulations, and ordinances, including, without limitation those of the State of Arizona and the County of Coconino, or any political subdivision thereof. To the extent required by law the County of Coconino shall have the right to enforce all building and safety codes, zoning regulations, the requirements set forth in the Master Plan for Greenehaven (including stipulations and development standards)and the Covenants, Conditions and Restriction of Greenehaven Unit V, as those ordinances may be amended from time to time. Improvements that may fall under any of the above applicable governmental laws, rules and regulations shall be made only by licensed contractors.

4.05 Underground Utilities and Service Lines. All gas, electrical power, telephone, sewer, television and any other utility or service lines and other lines of every kind or character (whether nor or hereafter invented or used) shall be placed and kept underground (except to the extent, if any, such underground placement may be prohibited by law or, by the nature of the service to be rendered, such underground placement prevents the lines from being functional or in the case of a satellite dish which shall be placed as to not be visible above any roof line or parapet). This restriction shall apply to the service and utility lines for each and every Lot in the Subdivision as well as to the distribution lines located in the streets, public utility easements or elsewhere in the Subdivision. However, the foregoing restriction shall not prohibit service pedestals and aboveground switch cabinets and transformers, where required.

4.06 Exterior Appliances and Equipment. Following completion of an Improvement, any and all exterior appliances and equipment of every kind or nature shall be architecturally concealed from view, in accordance with plans approved by the Architectural Control Committee. No roof-mounted equipment, including air conditioning equipment, shall be permitted on any residence. However, if strict compliance with this Section would prevent a solar energy device from being functional or would otherwise effectively prohibit the installation or use of a solar energy device within of Arizona Revised Statutes, Section 33-439, as amended, then compliance with the requirements of this Section, as to a solar energy device, shall be required to the extent reasonably consistent with the installation and use of the device and approval of the Architectural Control Committee.

4.07 Signs. No signs whatsoever (including, but not limited to, commercial, political and similar signs) shall be erected or maintained on any Lot except:
(a) Signs required by legal proceedings;
(b) One(1) lighted identification sign for each individual residence showing the address on each residence at least four inches in height and visible from the street shall be installed pursuant to Coconino County approval of the plat, the location for the sign must receive the prior written approval of the Architectural Control Committee; and
(c) Such other signs (including, but not limited to, construction identification signs, builders’ signs, “for sale” signs, “for lease” signs as are in conformance with the requirements of Coconino County and which have been approved in advance and in writing by the Architectural Control Committee as to size, colors, design, message content, number and location.
(d) Nothing herein shall prevent the Declarant and its agents from utilizing reasonable signs, flags, marking, and sales devices in furtherance of sales activities until all lots and tracts in the subdivision have been sold by Declarant.

4.08 Lighting. To encourage lighting practices and systems which will prevent light source pollution while providing for nighttime safety, utility and security and to enhance and protect the scenic value with the wilderness (“dark-sky”) character of the Subdivision, to this extent conventional street lighting shall not be utilized in the Subdivision. The owner of each Lot may install and maintain in good and attractive operating condition a lighted entry pylon at the entrance to each driveway, said entry pylon shall be low wattage (15 watts or less incandescent) and shall be approved as to design, size, height and location by the Architectural Control Committee. Any exterior security floodlights or similar lights shall be fully shielded so the bulb (or light source) from the fixture is not visible from an adjoining property and so that there is no spillage of light to any other property.
Prohibitions: Mercury vapor or quartz-halogen outdoor lighting. Any bottom mounted outdoor lighting sources for whatever use, including but not limited to landscaping lighting, yard, security, etc.
Submission of Plans: Submission contents; Installation of any outdoor lighting requires an approval from the Architectural Control Committee, which will not be granted without plans and descriptions indicating the location on the premises, and the type of illuminating devices, fixtures, lamps and other devices and proof of meeting the extent of lighting restrictions and regulations.
Definitions: Outdoor Light Fixtures means outdoors artificial illuminating devices, lamps and similar devices, permanently installed or portable, used for illumination. Devices shall include, but are not limited to, spot, flood light for: a. buildings and structures, b. landscape lighting, c. parking area lighting.
Fully shielded means outdoor light fixtures shielded or constructed so that the light rays emitted by the installed fixture either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

4.09 Specifications for Residential Improvements on the Lots. No structure shall be erected, altered, placed or permitted to remain on any of the Lots (Lots 1 through 86) in the Subdivision other than a detached single-family dwelling, a private garage, and certain permitted outbuildings approved by the Board and County. All structures and improvements for the Lots shall comply with the following. No building shall occur on any slopes greater than twenty-five (25%)percent.

4.09a Height Restrictions. The maximum permitted height for any Improvement within the Lot is Sixteen (16) feet, with the height being measured from the highest existing preconstruction natural ground elevation within the perimeter of the Improvement at the foundation of the structure to the highest projection of the Improvement. Any variation from this height limitation shall require an approval from the Architectural Control Committee and the Board, said approval shall only be granted if an undue hardship because of special topography of the lot can be proven. No antennas or other projections above the roof line or parapet wall of a flat roof design shall be permitted (fireplace chimneys and flues may be constructed limited to no more than two (2) higher than the highest point). Vegetation elements of landscaping shall be fully subject to the height-restrictions on Improvements set forth in the Section 4.09a.

4.09b Size of the Residence. No residence having a ground floor living area of less than 2,500 square feet, including the walls proper of the house but excluding open porches, terraces, garage or other similar extensions or projections, shall be erected. Each residence shall have at least a two-car enclosed garage and concrete driveway.

4.09c Exterior Colors. The color of all improvements shall be muted earth tones of tan or other desert related colors reflective of the surrounding terrain and no structures with the exterior color white or very light colors shall be permitted. No roof material shall be of the color white. Accent colors shall be permitted so long as they are in no way dominant.

4.09d Garage Doors. Garage doors should be maintained in a closed position during all reasonable times. No plastic or similar garage doors shall be permitted. A minimum of two (2) and a maximum of three (3) garage doors, either joined or separate, each a maximum size of l0 feet high by 12 feet wide shall be constructed on each Lot. Carports and parking canopies shall not be permitted.

4.09e Building Setback Lines. All structures on the Lots shall maintain a minimum twenty-five-(25) foot front yard setback. All structures on the Lots shall maintain a minimum ten-(10) foot side yard setback adjoining the lot lines of other lots and a minimum fifteen-(15) foot setback when the side yard fronts on a street. All structures on the Lots shall maintain a minimum twenty five (25) foot rear yard setback, a minimum of ten(10) feet shall be the distance between buildings. No lot coverage shall exceed thirty-five (35) percent of Lot.

4.09f Fences. Fencing is not required. An owner may install boundary line fencing of block (CMU) or brick; provided, however, no such fence should impair the view from any other lot or tract. A fence of CMU block shall be finished with proper tooling of horizontal and vertical joints or stuccoed and painted with approved colors. Plans for any fencing shall be submitted to the Architectural Control Committee for approval prior to the start of construction. No chain link or other metal fences shall be allowed, except for decorative iron. Any fencing that is installed on Lots 1 through 9 at the outside boundary adjacent to the National Park Service shall in addition to obtaining approval from the Architectural Control Committee obtain the written approval of the National Park Service.

4.09g Drainage. Before construction of any improvements is commenced on any lot, the lot owner shall present to the Architectural Control Committee a drainage plan showing measures to be taken to handle the increase in unabsorbed moisture created by the impervious improvements to be constructed on the Lot. The drainage plan shall be in accordance with the Supplemental Declaration to the Master Declaration as recorded in Docket 1065, pages 231-233, records of Coconino County, Arizona. No lot owner shall change, modify or remove any drainage infrastructure in place.

4.09h Re-subdivision. None of the Lots in the Subdivision shall be re-subdivided into smaller lots or conveyed in less than the full original dimensions of such lots as shown by the Final Plat. An owner owning two (2) or more adjoining lots may combine said lots into one lot via lot line adjustment with approval of the Architectural Control Committee and approval of Coconino County and properly filed in the County Recorders office, any such combining of lots shall not be reduced later.

4.10 Restrictions on Use of Garage. No garage or other structure of any type whatsoever shall be erected on any of the lots until a residence shall have first been erected on said lot. No garage or other accessory building or outbuilding shall be used for residential dwelling purposes. Garage doors should be kept closed at all reasonable times.

4.11 Restriction against Commercial Use. No store, office, hospital, sanitarium, other place for the care or treatment of the sick or disabled, physically or mentally ill, nor any theater, saloon, or other place of entertainment shall be erected or permitted upon any of the lots or any part of them, and no business or commercial operation of any kind or character whatsoever shall be conducted in or from any residence on the lots except those home office occupations allowed and permitted under Section 14.2 of the Coconino County Zoning Ordinance.

4.12 Overhead Encroachments. No trees, shrub, or plantings of any kind on any Lot or Tract shall be allowed to overhang or otherwise to encroach upon any street, pedestrian way, adjoining lot or other similar area.

4.13 No Obstructions to Drainage. No improvements shall be permitted which would interrupt the normal drainage of the subdivision land nor shall any improvements be permitted within any area designated on a recorded document as a “drainage tract or easement”; provided, however, with the prior written approval of the Architectural Control Committee, nonpermanent structures, including fences, may be erected over underground closed conduit storm drainage facilities.

4.14 Nuisances and Offensive Activities. No rubbish, debris, garbage, weeds, and unsightly materials or objects of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot. Refuse containers must be airtight and out of view at all times except during normal pick-up times. Mops, brooms, garden tools, boxes of any kind, ironing boards and other items of ordinary household use may not be stored or hung in the driveway, patio, porch or in any area on a lot open to public view. All such equipment shall be stored inside the residence or in an approved storage cabinet or shed. No odors or loud noises shall be permitted to arise or emit from any Lot. No rubbish, trash, or garbage maybe burned in an open fire or incinerator. No use of activity shall be undertaken or permitted on any Lot which constitutes an annoyance to surrounding Owners or Occupants or a public or private nuisance or which would render any Lot (or activity thereon) unsanitary, unsightly, unsafe, offensive or detrimental to any other property in the vicinity of the Lot or to the Owners or Occupants of such other property. Without limiting the generality of any of the foregoing provisions, no exterior speakers, radios stereo, broadcast or loudspeaker units and no amplifiers, horns, whistles or other devices, except security purposes, shall be located, used or placed upon or outside, or be directed to the outside of any improvement on any Lot.

4.15 Vehicles and Parking. No vehicles, campers, travel trailers, recreational vehicles, boats, commercial vehicles shall be parked or maintained on any of the interior streets of the Subdivision which are legally described as Tract A on the Final Plat at any time except for such periods of time as shall be reasonably necessary to load or unload. No overnight parking is permitted on any of the interior streets of the Subdivision. In all instances, any kind of vehicle must remain on the established roadways of the Subdivision, or the driveway of the Lot, and the off-road operation of any vehicle is not permitted within the Subdivision or the Greenehaven Planned Development.

4.16 Animals. No animals, livestock, or poultry (including, without limitation, horses, cows, mules, sheep, goats, swine, chickens, turkeys, or pigeons)shall be raised, bred, or kept in the Subdivision; provided, however ordinary domestic dogs, cats and birds will be permitted so long as: (a)the aggregate number of domestic pets does not exceed three (3) per residence;(b) such pets are kept within the boundaries of the lot of their owner and do not offend, annoy or make unreasonable amount of noise or to become a nuisance. (c) such pets are not kept, bred, or maintained for any commercial purpose and no structure for the care, housing or confinement of any animal be maintained so as to be visible from any adjacent Lot.

4.17 Mobile Homes, Boats, Campers. No camper, van, recreational vehicle, mobile home, boat or camp trailer of any type shall be used on any Lot or Tract in the Subdivision for living quarters either temporarily or permanently. Storage of any of the foregoing on the owners lot shall be screened from view from adjacent neighbors. A pick-up truck equipped with an installed camper shell is not included in the above.

4.18 Repairs. No major (constituting the majority) repairs or overhaul of motor vehicles, boats, or other motorized equipment is permitted within the Subdivision.

4.19 Roofing Style and Materials. Flat roof designs are permissible, however, all such designs shall incorporate parapet walls and terracing to minimize high vertical surfaces which would be objectionable. The owner shall submit to the Architectural Control Committee preliminary exterior elevations of the architectural style prior to proceeding with working drawings. No reflective, shiny, black or white roofs shall be permitted. No asphalt roof shingles are permitted. All roof colors shall be of a muted earth tone.

4.20 Clothes Drying Facilities. Outside clotheslines or other outside facilities for drying or airing clothes shall not be erected, placed or maintained on any Lot unless they are erected, placed and maintained exclusively within a fenced yard or otherwise are appropriately concealed from any adjacent lots or roadways as determined by the Architectural Control Committee.

4.21 Single-Family Occupancy: Tenants. Each residential dwelling unit constructed on the Lot maybe occupied only by a single family. Any dwelling unit may be rented to a single-family tenant from time to time by the Owner, subject to the Association Rules, but no less than a three (3) month lease. The owner of each dwelling unit shall, at or prior to execution of any lease, furnish to the tenant a copy of the Declaration Titled Declaration of the Covenants, Conditions and Restrictions Greenehaven Unit V and obtain a receipt for such items executed by the tenant. The receipt obtained by the owner shall be delivered to the Association on or before one week after the lessee or tenant is entitled to occupancy of the dwelling unit.

4.22 Restrictions and Considerations Disturbed Soil. All Lot Owners shall be aware of the soil conditions relating to building on any fill or disturbed soil. Any Lot owner who constructs any building that is constructed on any Lot that has any portion of the buildings on fill shall ensure that the plans and specifications contain a soil report from an Engineer Registered in the State of Arizona showing that the selected fill material and compaction will meet Coconino County Regulations for buildings and that a compaction test will be required by the Coconino County Building Department.

4.23 Restrictions 25% Slopes. No building shall occur on any slope greater than twenty-five (25%) percent pursuant to Coconino County.

4.24 Landscaping. The present natural desert conditions existing in the Subdivision shall be maintained insofar as possible and future landscaping added shall be in harmony with the existing environment. Ail Landscaping shall be trimmed to the extent necessary to preserve views of Lake Powell, Navajo Mountain and surrounding cliffs on neighboring Lots or tracts.

ARTICLE 5
ARCHITECTURAL CONTROL

5.01 Architectural Control. Any owner desiring to construct improvements on the Lots shall be required to comply with the review of plans and specifications as required by the architectural control provisions of the Master Declaration and this Declaration. All improvements must have plans approved in writing by the Architectural Control Committee or by the Board acting as the Architectural Control Committee before any construction is started. In all instances the architectural design of the proposed residence and the location of the residence on the Lot must take into consideration the views of Lake Powell from existing and future residences on the lots in the Subdivision of other adjoining lots or parcels. The plans submitted for architectural approval shall note the views of existing homes on higher ground elevations.

No improvements, alterations, repairs, excavation or other work which in any way alters the exterior appearance of any lot, or the specifically approved improvements located thereon from time to time, from its natural state existing on the date of this Declaration(or as improved pursuant to approved plans and specifications)shall be made or done without the prior written approval of the Architectural Control Committee or by the Board acting as the Architectural Control Committee.

No building, fence, wall, residence, landscaping, or grading or other structure shall be commenced, erected, maintained, improved or altered, until the plans and specifications(including a grading and drainage plan) for the same and construction details, including height, shape, materials, color, location, size, shall have been submitted to and approved in writing by the Architectural Control Committee or by the Board actins as the Architectural Control Committee.

The Architectural Control Committee shall have the right to refuse to approve any plans or specifications, or grading and drainage plans, which are not suitable and incomplete, in the reasonable opinion of the Architectural Control Committee, in so passing upon the plans and specifications, the Architectural Control Committee shall have the right to take into consideration the suitability of the proposed building or other structures and of the materials of which it is to built, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structures as planned on the outlook and view from the adjacent or neighboring property.

All subsequent additions to or changes or alterations in any building, fence, wall, landscaping or other structure, including exterior color scheme, shall be subject to the prior written approval of the Architectural Control Committee or by the Board acting as the Architectural Control Committee.
No changes or deviations in or from such plans and specifications, once approved, shall be made without the prior written approval of the Architectural Control Committee.

All decisions of the Architectural Control Committee shall be final and no lot owner or other party shall have recourse against the Architectural Control Committee for its refusal to approve and plans and specifications, except that an owner may appeal to the Greenehaven Board of Directors and its decision shall be final.
The Architectural Control Committee and or the Board acting as the Architectural Control Committee shall not be liable for damages to anyone submitting plans for approval or making any other requests of the Architectural Control Committee or the Board acting as the Architectural Control Committee, nor to any owner, lessee, or sub-lessee of any of the lots by reason of mistake in judgment, negligence or nonfeasance of itself its agents or employees arising out of or in connection with the approval or disapproval or failure to approve any plans or other requests and all owners agree not to bring any action or suit to recover any damages against the Architectural Control Committee or members thereof.

ARTICLE 6
COVENANT FOR MAINTENANCE AND REPAIR OF GENERAL COMMON ELEMENTS

6.01 Creation of the Lien and Personal Obligation for Assessments. Except for Exempt Property, the Owner of any Lot, by acceptance of a deed therefore whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association’s (Greenehaven Property Owners 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 lot against which each such assessment is made. Each such assessment together with late charges, interest, costs, and reasonable attorney’s fees, shall also be the personal obligation of the person or entity that was the owner of the Lot 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.

6.02 Purpose of Assessments. The assessments levied by the Association’s shall be used exclusively to promote the recreation, health, safety, and welfare of the residents of the property and Greenehaven and for the improvements and maintenance of the Common Areas. To the extent that Owners are not provided with water service, sewer service, solid waste disposal and fire protection by private utilities authorized to provide such services, the Association shall provide such services and the costs thereof shall be paid for by the 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 shall maintain such Common Elements as listed below.

6.03 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. Association 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.

6.04 Rate of Assessment. Annual and special assessments for each Lot shall be determined based on a fractional shall of such assessment as set by the Greenehaven Property Owners Association. 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 each lot, and the denominator of which is the total number of votes authorized on the assessment date.

6.05 Date of Commencement of Annual Assessments: Due Date. The annual assessments provided for herein shall commence as to all Lots, except Exempt Property, on the first day of the month following the conveyance of the first Lot by the 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 lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due date shall be established by the Board and may be on a quarterly, semiannual, or annual basis as determined by the Board. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified Lot has been paid.

6.06 No Offsets. 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) and Owner has made or elects to make no use of the recreational facilities provided in the Common Areas.

6.07 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 hereafter.

6.08 Notification of Sale and Transfer Fee. Except for conveyances of fee title by Declarant, con-currently with the consummation of the sale or other transfer of any Lot, 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 non-refundable transfer fee to cover Association documentation and processing. The transfer fee shall be equal to one-
twelfth (l/12) of the then current regular annual assessment for the Lot. The written notice shall set forth the name of the transferee and his transferor, the street address of the Lot purchased or acquired by the transferee, the transferee’s mailing address, 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 newOwner and shall be secured by the lien in 3.02 hereof.

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

6.10 Duties of the Greenehaven Property Owners Association. The Association shall maintain, repair and make necessary improvements to ail common Elements.

ARTICLE 7
COMPLIANCE WITH LAWS

7.01 Compliance with Laws. In the use of any Lot, each Owner shall comply with all applicable statutes, laws, codes, regulations, and ordinances, including, without limitation, those of the State of Arizona and the County of Coconino, or any political subdivision thereof. To the extent required by law, the County of Coconino shall have the right to enforce the terms and conditions of this Declaration.

ARTICLE 8
TERM: EXTENSIONS

8.01 Term: Extensions. This Declaration shall be effective upon the date of its recordation and shall continue in full force and effect until December 31, 2040. After that date, this Declaration, as amended from time to time, shall be automatically extended for successive periods of ten (10) years each, unless this Declaration is otherwise amended or revoked in accordance with Section 7.00 hereof.

ARTICLE 9
AMENDMENTS

9.0i Amendments. Until ninety percent (90%)of the lots in the Subdivision have been sold by Declarant, Declarant expressly reserves the right to make any reasonable or necessary changes in this Declaration by an reasonable or necessary changes in this Declaration by an instrument signed, acknowledged, and recorded by Declarant only. Thereafter, this Declaration may be amended or revoked at any time during the initial term, or any extension term, by recording in the office of the County Recorder of Coconino County, Arizona, an instrument reciting the amendment or revocation and bearing the signed and acknowledged concurrence of seventy five percent (75%) of all owners of record then holding a fee title interest in the Subdivision; provided, however, this Declaration may not be amended or revoked without the written consent and concurrence of Declarant with the Class B Membership of the Greenehaven Property Owners Association, Inc. is in effect and Declarant or any successor is the Class B Member under the Master Declaration.

ARTICLE 10
ENFORCEMENT

10.01 Enforcement. (a)In the event of a violation of any of the provisions of this Declaration which continues for a period of fifteen (15) days after written notice of the violation to the owner in violation, the Association shall have the right, but not the obligation, to enter upon the effected lot and to take such steps as are necessary to remedy the violation. All costs incurred in curing the violation shall be payable by the owner to the Association within ten
(10) days after receipt by the owner of a statement setting forth the costs incurred. If the statement is not paid to the Association within ten (10)days after the owner’s receipt of the statement, the costs outlined in the statement shall bear interest at the rate of fifteen percent (15%) per annum from the date of the statement until paid. And such amount, together with costs and reasonable attorneys fees, shall, upon recordation of an acknowledged copy of the statement of costs (which recordation is expressly authorized hereby),constitute a lien upon the nonpaying owner’s lot and upon any rents and proceeds there from, which lien shall be subject to foreclosure in the manner provided by law for the foreclosure of realty mortgages.

(b) Violation of any one or more of the covenants, conditions, or Restrictions in this Declaration may additionally be restrained and/or enjoined by any court of Competent jurisdiction. A court may also award damages against any violator; provided, however, nothing in this Declaration shall be construed as meaning that damages are an adequate remedy where equitable relief is sought. Any such action may be prosecuted by the Association, any property owner of record in the Subdivision, Coconino County, and any other governmental entity having jurisdiction over the Subdivision.

(c) As long as Declarant has an interest in or is developing any part of the Greenehaven Planned Community, of which this Subdivision is a part, Declarant will have a continuing interest in this Subdivision and shall have the right to enforce this Declaration. Any of the persons or entities described above, including Declarant and the Association who employs an attorney to enforce compliance with or specific performance of any of the provisions of the Declaration and/or to recover damages and prevails in such action shall be entitled to recover from the violator the costs incurred in bringing such action, including reasonable attorneys’ fees.

ARTICLE 11
CONVEYANCES SUBJECT TO RESTRICTIONS

11.01 Conveyances Subject to Restrictions. Deeds of conveyance of the Subdivision, or any Lot or part thereof, may contain the covenants, conditions, and restrictions of this Declaration by reference to this document, but whether or not such reference is made in such deeds, each and all of the provisions of this Declaration shall be valid and binding upon the respective owners, their heirs, successors and assigns, as well as upon any and all persons, including tenants, invitees, and licensees occupying or having any interest in any Lot or portion of the Subdivision.

ARTICLE 12
SEVERABILITY

12.01 Severability. If any one of the provisions of this Declaration, or any part or Parts thereof, shall be held invalid or unenforceable by judgment, order or decree of a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforce ability of all other provisions of this Declaration shall not be affected by such determination.

ARTICLE 13
WAIVER OR ABANDONMENT

13.01 Waiver or Abandonment. The waiver of, or failure to enforce, any breach or violation of any provisions of this Declaration shall not be deemed to be a waiver or abandonment of the particular provisions of this Declaration; nor shall it be deemed to be a waiver of the right to enforce any subsequent breach or violation of such provision or of the Declaration. The foregoing shall apply regardless of whether any person affected hereby or having the right to enforce this Declaration had knowledge of the breach or violation. No provision in this Declaration shall be deemed to have been waived or abandoned unless this Declaration is Amended pursuant to the terms of Article l0 above, to amend or delete such provision, or unless the Board of the Association shall deliver a recordable certificate to a petitioning owner wherein the Board makes a finding that any specific requirement of the Declaration would work on undue hardship or where a variation would be in the best interest of the owner and the Subdivision as a whole.

ARTICLE 14
GENDER

14.01 Gender. The singular, wherever used herein, shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases assumed as though in each case fully expressed.

ARTICLE 15
TOPIC HEADINGS

15.01 Topic Headings. The marginal or topical headings of the paragraphs or sections contained in this Declaration are for convenience only and do not define, limit or construe the contents of the paragraphs or sections of this Declaration.

ARTICLE 16
DECLARANT’S DISCLAIMER OF REPRESENTATIONS

16.01 Declarant’s Disclaimer of Representations. Anything to the contrary in this Declaration notwithstanding, Declarant makes absolutely no warranties, representations or agreements whatsoever that the plans presently envisioned for the development of Greenehaven Planned community, in whole or in part, can or will be carried out, or that any land now owned or hereafter acquired by Declarant is or will be subjected to this Declaration, or that any such land (whether or not it has been subjected to this Declaration)is or will be committed to or developed for a particular (or any) use, or that if such land is once used for a particular use, such use will continue in effect, only that the Master Declaration cover’s other lands within Greenehaven Planned Community.

IN WITNESS WHEREOF, John E. Bowman, President of Greenehaven Development Corporation and Carl S. Bixler, Vice President/Secretary of Greenehaven Development Corporation, have caused their names to be signed this __ day of March, 2002.

John E. Bowman, President Carl S. Bixler, Vice President/Secretary

STATE OF ARIZONA

County of Coconino

Acknowledged and signed before me by John E. Bowman this 19th day of March, 2002

Bonnie Clouse, Notary Public

My Commission Expires: 11-11-04

STATE OF ARIZONA

County of Coconino

Acknowledged and signed before me Carl S. Bixler this 19th day of March, 2002

Bonnie Clouse, Notary Public

My Commission Expires: 11-11-04