1
TABLE OF CONTENTS RULE PAGE 1. FAIR HOUSING PROVIDER……………………................................... 4 2. OFFICE HOURS………………………………………............................ 5 3. COURTESY SERVICES………………………………………………… 5 4. REGISTRATION AND GUESTS……………………….......................... 6 5. PETS………………………………………………................................... 7 6. MANUFACTURED HOMES STANDARDS AND MAINTENANCE... 9 7. STORAGE UNDER MANUFACTURED HOME/DRAINAGE……….. 12 8. LOT USAGE…………………………………………………………….. 12 9. ALTERATIONS/LANDSCAPING……………………………………... 14 10. FENCES…………………………………………………………………. 14 11. STORAGE SHEDS…………………………………………………...... 15 12. LOT AND/OR YARD MAINTENANCE………………………………. 16 13. TRASH………………………………………………………………….. 16 14. VEHICLES AND PEDESTRIAN TRAFFIC…………………………… 17 15. PARKING……………………………………………………………….. 18 16. RECREATIONAL VEHICLES…………………………………………. 19 17. MOTORCYCLES, MINI-BIKES, GOLF CARTS AND MOPEDS........ 19 18. CONDUCT……………………………………………………………… 19 19. RECREATIONAL FACILITIES……………………………………….. 21 20. SWIMMING POOLS……………………………………………………. 22 21. SPA……..……………………………………………………………….. 23 22. VANDALISM…………………………………………………………… 24 23. SOLICITING……………………………………………………………. 24 24. INSURANCE AND PERSONAL PROPERTY TAXES………………. 24 25. MANUFACTURED HOME RESALES……………………………….. 25 26. REMOVAL OF HOMES FROM COMMUNITY……………………… 26 27. FIREARMS AND FIREWORKS………………………………………. 26 28. COMPLAINTS………………………………………………………….. 27 2
29. CAPTIONS………………………………………………………………. 28 30. HAZARDOUS MATERIALS…………………………………………… 28 31. ENFORCEMENT OF RULES AND REGULATIONS………………… 28 32. WRITTEN RENTAL AGREEMENT REQUIRED…………………….. 28 33. CONFLICT WITH THE LAW…………………………………………. 28 34. ASSUMPTION OF RISK RE: VALUE OF MANUFACTURED HOME 29 35. REVISIONS TO COMMUNITY GUIDELINES………………………… 29 36. GENERAL ASSUMPTION OF RISK & RELEASE OF LIABILITY….. 29 3
MONTESA at GOLD CANYON COMMUNITY GUIDELINES RULES AND REGULATIONS INTRODUCTION: The following Rules and Regulations are set forth to advise each Resident of his or her responsibilities as a member of this community. The Rules and Regulations are an integral part of the rental agreement. Residents and their guests must comply with the Rules and Regulations as well as all federal, state and local laws. Failure to comply with any of the aforementioned may result in termination of your tenancy. Management reserves the right to supplement and/or amend these Rules and Regulations according to applicable law. Any existing Architectural conditions allowed by prior rules will be permitted to remain while the home is owned by and the spaces rented by the present owner for the present owner but must be brought into compliance with the Community’s most current Rules and Regulations and Statements of Policy when the home is sold or transferred to a new owner. Other rules concerning the use of the Community’s facilities are posted throughout the Community and by this reference are incorporated herein as though set forth in full. Residents and guests must read and comply with all posted rules along with all Rules set forth herein. All Montesa recreational and /or common area facilities, amenities, and activities are subject to replacement, closure (temporary or permanent), modification, renovating, remodeling and/or replacement at any time, without any change or reduction in the rent that residents pay. Montesa Management reserves the right to restrict or change the use of any facility as to existence, hours, purposes and conduct, at Management’s sole discretion. The rent paid by residents pays for a home site on which the resident’s manufactured house may be installed, with the required utility outlets supplied by landlord pursuant to applicable law. Such rent does not guarantee use of any facility or attendance at any activities. 1. FAIR HOUSING PROVIDER: In accordance with the Federal Housing for Older Persons Act of 1995 (“HOPA”), the Community is intended to be and is operated as “housing for older persons.” Accordingly, at least one permanent Resident at each Home Site must be at least 55 years of age, and all other permanent Residents at each home site must be at least 40 years of age. Each Resident 4
must provide satisfactory proof of age upon request by Management, such as a valid driver’s license, birth certificate, or passport. Management reserves the right, at its sole and absolute discretion, to make exceptions to the 55 and over rule, provided said exceptions do not cause the total number of Home Sites at the Community with no occupant who is 55 or older to equal or exceed 15%, and provided such exceptions are in compliance with HOPA. For example, where a Resident 55 years of age or over passes away and is survived by a spouse, significant other or domestic partner between the ages of 40 and 54, and where only 2% of the total number of Home Sites have no 55+ occupant, Management may allow that person to continue to reside at the Community, at Management’s sole and absolute discretion. However, no person, including but not limited to any Resident or prospective Resident, shall have the right to require Management to exercise its discretion or to make such an exception. All prospective residents of the Community will be screened for compliance with these provisions and no application for residency will be accepted without satisfactory proof of age, such as a valid driver’s license, birth certificate, or passport. 2. OFFICE HOURS: The Community Office is open daily except Saturday, Sunday and Holidays. Specific hours are posted at the office. All business is to be conducted during these hours, except in case of emergency. In case of a medical emergency, call 911first. For all other needs, call Courtesy Patrol at 480-620-2569. 3. COURTESY SERVICES: a. The Community cannot and does not guarantee resident’s security. Resident agrees and acknowledges that the Community has no duty to provide security services to the Community. Resident shall look solely to the public police force for security protection. While courtesy services personnel generally attend the front gate twenty-four (24) hours per day, seven (7) days a week, those services are intended to limit access only and are not to be considered a security system. While this is designed to be a deterrent for unauthorized persons, it is not a guarantee of personal safety and/or security. The Community is not liable to Resident for failure to provide adequate security services for criminal or wrongful actions by others against Resident, resident’s relatives, or resident’s guests. b. All residents must have a Montesa decal in the lower left corner of the windshield of their motor vehicle, ATV, Golf Cart, etc. Those that do not have a decal will be stopped by Courtesy Services. c. A resident who believes they have observed an unauthorized person(s) in the Community should notify Courtesy Services and/or Community Management. 5
d. Violations of Community Guidelines detected by Courtesy Services will be reported to Community Management at the appropriate time 4. REGISTRATION AND GUESTS: a. All potential residents and/or occupants of the Community must submit a Community- provided application for residency for approval, must meet the Community’s adopted age- requirement, income, credit, and criminal background screening criteria to qualify for residency, and must pay any required application fees, which are non-refundable. All residents must sign a rental agreement before residing in the Community. Failure to receive Management’s prior written approval before moving onto a space in the Community may result in Management unconditionally refusing residency, and any such persons who move into the Community will be considered trespassers. All approved occupants of the space must either be added to the rental agreement as an occupant, or must sign an occupant addendum with Tenant and the Community. Occupancy in the Community is limited to no more than two (2) persons per bedroom and not more than three (3) persons total per home site. Only registered, approved tenants, who have signed a rental agreement with the Community, and registered, approved occupants may occupy a home in the Community. b. It is the Resident’s responsibility to inform his or her guests and visitors of the Community’s Rules and Regulations. Residents are responsible for the conduct of their guests and visitors, and may be held liable for any rule violation, personal injury, or property damage at the Community caused either directly or indirectly by a guest or visitor. c. Guests may stay in Resident’s Manufactured Home when Resident is absent from the residence provided Resident makes prior written arrangements for the stay with Community Management and receives Management’s prior written approval. Resident must identify each guest by name prior to their arrival, and at least one (1) of the guests must be a person who has achieved the minimum age to reside in the community. Subletting is prohibited: any guest staying in the residents home without the Resident present may do so only on a limited, temporary basis as a guest only. Guests must register with the Community Office immediately upon arrival and provide picture ID. Guest vehicle(s) must also be registered with the Community Office. Guest(s) not prearranged for by Resident and/or not registered with the Community Office will not be permitted to remain in the Community. Unless pre-approval is received in writing from Community Management, guests may not stay in Resident’s home without resident present. d. Guest(s) staying twenty-four (24) hours or longer must be registered at the Community Office and obtain a guest badge with their name, space number, and duration of stay. e. Registered guests, when accompanied by Resident, may use the Community facilities and must show their guest badge upon request. Certain Cal-Am activities are for exclusive use by Cal-Am residents. Authorized Residents are allowed a limited visit by a Guest twice per season (a maximum of two (2) visits by the same guest each season across all Cal-Am Resorts and Properties). The same Guest may not be sponsored by other residents or other Cal-Am Resort Properties, if the Guest has already visited two times for the season. The 6
visiting Guest may be warned upon the second visit that future events may not be attended, and upon the third visit, the Guest may be required to leave. If the Guest refuses to leave, authorities will be called and the guest will be prosecuted for trespassing under A.R.S. & 13-1501, 13-1502, 13-1504, or common law. f. No person shall reside in the Community on a permanent basis except Residents. Except as otherwise provided herein, no guest may stay at the Community for more than fourteen (14) consecutive days, or more than thirty (30) days in any twelve (12) month period. After that period, the guest becomes an unauthorized occupant who must vacate unless and until the guest submits an application for residency, is approved by landlord in writing, and either signs a Rental Agreement with the Community, is added to the Rental Agreement as an approved occupant, or signs an occupant addendum with the Landlord and the Resident. g. Payment of rent or any other charge by a guest, or any person other than a Resident, does not create either an express or implied tenancy in the Community. h. If a Resident is living alone and wishes to share his or her Manufactured Home with one person the Resident may do so and no fee shall be charged for that one person, provided the Resident is at least 55 years of age, and that one person is at least 40 years of age. i. Nothing in this rule shall be deemed to conflict with the Resident’s rights under A.R.S. § 33-1413.03 including the rights of disabled Residents to share their Manufactured Home with a live-in health care provider subject to a satisfactory showing of a legitimate need for a resident caregiver. Any proposed live-in caregiver must apply for occupancy in the Community, must undergo the Community’s criminal background screening process, and must be approved to reside in the Community before moving into any resident’s home. Additionally, the Resident and the caregiver must submit any reliable documentation required evidencing a disability and a disability-related need for the caregiver, and, if approved, the Resident and caregiver must sign a Caregiver Addendum with the Community before the proposed caregiver may reside in the Community. 5. PETS: a. Management permits Resident ownership of two (2) pets per Home Site. A pet is herein defined as a domestic dog or cat. No other animals (i.e. chickens, ducks, pigs, ferrets, monkeys, reptiles, insects, etc.) will be permitted. Pets must be specifically approved by Management in writing prior to being brought into the Community. Management reserves the right to determine the acceptability of any pet in the Community. If on the effective date of the Rules and Regulations, a Resident has more pets than are allowed by this rule, and the keeping of said pets was not in violation of the previous Rules and Regulations, the Resident may continue to keep those pets if they otherwise comply with these Rules and Regulations regarding pets. However, if the additional pets die or no longer live with the Resident, the Resident does not have the right to replace those additional pets. b. All residents with a pet(s), must sign a Pet Agreement including each pet they have or bring into the Community, not to exceed two (2). 7
c. For their protection, all dogs must be licensed and wear name tags, and must be kept current with proper inoculations. d. When not confined to the Resident’s Home Site, pets must be leashed and under the control of the Resident. When confined to the Resident’s home site, pets may not be left outside unattended, even if restrained. e. Outdoor pet enclosures on the Resident’s Home Site are not allowed. Pets are not allowed in the recreational area, Community Center, swimming area, or other common facilities of the Community. Any pet running lose in the Community may be impounded at the owner’s expense. All excrement left by a pet must be cleaned up immediately and disposed of properly by the Resident, wherever it occurs in the Community. f. Residents are responsible for the actions of their pets. Excessive barking or any other noise by pets is not allowed. If a pet causes a disturbance such as barking, biting, or causing personal injury or property damage, permission to keep the pet may be revoked. Residents are responsible for any personal injury or property damage caused by their pets. Pets shall not be allowed to enter another resident’s home site, flowerbeds, shrubs, or yard. Residents may not walk their pets on vacant or occupied spaces. g. The right to keep any pet may be revoked by management if the pet is vicious or aggressive, or if the pet has attacked another person or animal, or caused property damage. Dangerous breeds are prohibited. No American Staffordshire Terriers or combination of American Staffordshire Terriers with any other breed (Pit Bull or Pit Bull Mix) are allowed in the Community. No German Shepherds, chows, Dobermans or Rottweilers are allowed in the Community. This includes partial as well as full breed animals. Management’s determination whether an animal is a dangerous breed within the meaning of this Rule shall be final and conclusive. h. Guests may not bring their pets into the Community without prior written permission from Management. Residents are responsible for the actions of any pets brought into the Community by their guests. i. Exceptions to these restrictions will be made when reasonably required to accommodate the needs of disabled Residents. Assistive or service animals permitted in the Community (unless a reasonable accommodation is required related to any rule) are subject to the same rules concerning conduct, control, and being cleaned up after as pets, and Residents with such animals in their households will be held responsible for complying with those rules. Pursuant to state and federal fair housing laws, where the disability of the Resident or member of Resident’s household requiring the assistive animal is not obvious or otherwise known to the Community, the Community may request reliable documentation evidencing the disability and disability-related need for the specific assistive animal at issue. j. Feral cats and dogs represent a health and safety threat to the well-being of individuals and approved pets living in the Community. Feeding and/or watering of stray or feral animals 8
of any kind is forbidden. Residents may not leave out food or water that could attract loose or stray animals. k. Breeding of animals is prohibited. 6. MANUFACTURED HOMES STANDARDS AND MAINTENANCE: a. Manufactured Homes must meet all applicable local, state and federal standards. b. Additions, remodeling or alterations of the exterior of Manufactured Homes is prohibited unless written permission is obtained from Community Management. All contractors hired to perform work in the Community must be licensed, bonded, and insured. Proof of licensing, bonding, and insurance must be provided to Management before work commences and upon request. Resident or contractor must apply to the appropriate county building department for all applicable permit(s) and any required permit(s) must be obtained before work begins. Colors and materials must be coordinated with the Manufactured Home and approved in advance by Management in writing. c. Only homes with heat pumps or A/C Units are permitted and are prohibited from placement in windows or through the side or front of any home. No ductwork is allowed on top of the roof. Heat pump or A/C units are to be placed on the ground at the rear of the home, as much out of view from the street as possible. Evaporative coolers are not allowed. If a glassed or screened room is added, an air conditioning unit is permitted and must be through the wall at the rear of the home and must be set at or near ground level. Prior written permission must be obtained for the placement of any A/C unit, heat pump, or similar unit. d. Screened-in/glassed-in patios must be toward the rear of the Manufactured Home, and must have prior written approval of Community Management. e. The exterior of the Manufactured Home must be well maintained, and clean and neat in appearance, including the front, sides, and backs. Stucco and paint repairs are to be made as needed without delay such that the stucco and paint maintain a clean, un-cracked, unchipped, pleasant appearance. f. Aluminum foil, signs and/or banners, except for one (1) 12” X 18” For Sale sign or 12” X 18” “Open House” sign during active open house as provided for in the Arizona Mobile Home Parks Landlord Tenant Act, and/or fiberglass sunscreens are not allowed in the windows of the home. (Refer to Architectural Standards and Controls for permitted sunscreens.) Signs and/or banners on the home site are prohibited except for the “For Sale” or “Open House” sign described above. Likewise, flags are prohibited without prior written permission of Community management. Obscene, offensive, or inappropriate flags will not be approved. Management’s decision regarding whether any flag is offensive or inappropriate shall be final and binding. Generally, only flags of current existing countries will be approved. Political campaign signs relating to a specific candidate for election to 9
public office or to an existing initiative, referendum, or recall process may be displayed in the window of the home or on the site. The size of the sign may not exceed six (6) square feet, and the sign may be displayed only during an election season beginning sixty(60) days prior to the primary or election, and must be removed within 24 hours after the polls for that primary or election close. g. Small Wind Chimes are permitted as long as the noise does not disturb a neighbor. In the event complaints are filed the wind chime must be removed. h. All Resident utilities and Resident utility connections, including but not limited to Resident electrical, plumbing, and sewer lines, must be kept in a good, safe, and leak-proof condition at all times, and in compliance with all federal, state and local laws and regulations. i. Residents are responsible for any and all maintenance of their Manufactured Home, including but not limited to any and all Resident utilities and Resident utility connections. No grease, paper, towels, diapers, sanitary napkins, cat-litter or other non-degradable objects are to be put through the sewer system. If it is determined that a Resident is responsible for clogging the sewer system, he or she may be charged for the repair as additional rent. Subject to the provisions of A.R.S. & 41-4006(E), residents are responsible for the maintenance of all utility lines between the Community-provided utility outlet and the home. j. The Community has limited electrical amperage capacity. As a result, Resident is responsible for ensuring that Resident’s Manufactured Home and appliances are compatible with the Community’s electrical system. Management may prohibit the installation or require the removal of any Manufactured Home or appliance (including but not limited to air conditioning units), that exceed the electrical amperage capacity of the Home Site and/or the Community, unless Management has specifically approved the electrical amperage for that Manufactured Home or appliance in writing. If the electrical amperage of a Manufactured Home or an appliance at a Home Site exceeds or has been modified to exceed the original electrical amperage for the Home Site without Management’s express written consent, Management may require that the electrical amperage for the Manufactured Home or appliance be reduced by Resident to the original electrical amperage for the Home Site, or such other level as may be approved by Management in writing, in its sole and absolute discretion. k. Once Management has approved a Manufactured Home’s electrical equipment and/or the Manufactured Home is located on the Home Site, neither the electrical pedestal nor the panel board may be altered or changed by Resident in any way. Resident must obtain prior written approval from Management, plus any and all required permits, in order to make any alteration or change in the electrical system at the Home Site and/or the Manufactured Home, including but not limited to any alteration or change to the electrical panel board and/or the pedestal. l. Nothing in these Rules and Regulations shall be construed to interfere with management’s right to regulate electrical installations at the Home Site. 10
m. Painting of the Manufactured Home, including but not limited to its color, must be pre- approved in writing by Management and must be consistent with the aesthetics of the Community. See the Community office for a list of approved colors. n. No colored or decorative concrete will be permitted without management approval. Treatment of concrete for oil protection in carport area (only) is permitted, and must be of concrete color approved by management. Driveways (the portion of concrete not under carport cover) are not part of carport area and may not have colored or decorative concrete and may not be treated for oil protection. Patio areas may be covered with “cool decking” and color approved by community management. Patios may be extended with pavers with prior Management approval and must follow the guidelines set forth in the Architectural Standards and Controls. o. Management may, in its sole and absolute discretion, require Resident to paint the Manufactured Home if it is damaged, faded, in violation of these Rules and Regulations, or otherwise in need of painting. Likewise, Management may require repairs of stucco on the home if it is damaged, cracked, in violation of these Rules and Regulations, or otherwise unsightly and in need of repairs. p. Lattice of any kind is not permitted in the community. q. Exterior antennas and satellite receiving dishes are allowed only to the extent Management is specifically required by law to allow such devices. Management reserves the right to regulate the number, size, location, and/or operation of such devices in any manner allowed by law. All such devices must be located on the rear 1/3 of the home, and may not rest on the ground. r. Sunset decks cannot be used for storage. Only professional patio furniture within the restricted weight limits may be kept on Sunset decks. Umbrellas must be closed when not in use and stored when resident is on an extended stay away for the community. No permanent structures are allowed ie. Pergola/ Gazebos on the Sun deck. s. All Manufactured Homes must bear a valid HUD or Arizona Office of Manufactured Housing label and the label shall not be painted over or otherwise obscured. t. Should Management be required to make any repair, addition, or alteration to the Resident’s Home Site in order for the Resident’s Home Site to comply with any law or regulation, Management shall have the right to serve a Notice of Intent to Remedy Violation pursuant to A.R.S. § 33-1477 and if Resident does not thereafter timely perform the required work, to charge the Resident the actual or reasonable cost of the remedial work as additional rent and, if not paid, to terminate Resident’s tenancy for non-payment of rent, or at Management’s option, to bring an action against the Resident for damages, or to serve Resident with a notice of termination of tenancy and pursue an eviction action for the non- compliance. 11
u. A Resident may not replace the Manufactured Home on his or her Home Site without first obtaining approval in writing from Management and any and all necessary or appropriate permits. v. In the event a Resident removes his or her Manufactured Home from the Community, Management reserves the right to require any replacement Manufactured Home to be a new Manufactured Home in compliance with these Rules and Regulations. w. Lot numbers must be displayed on all Manufactured Home lots. Aside from lot numbers and one “For Sale” or “Open House” sign as later set forth herein, all other signs are prohibited on the home and/or space. 7. STORAGE UNDER MANUFACTURED HOME/DRAINAGE: a. Storage of anything under the home, other than the tongue, wheels and or axles, is expressly prohibited. Storage is not permitted on the patio, carport or elsewhere on the site. b. It is the Resident’s responsibility to assist Management in assuring the natural flow and drainage of water on the Home Site. This requires that the Resident do nothing which would impede the natural flow and drainage of water, or assist in the build-up of water. Residents are required to have rain gutters on the Manufactured Home and to use proper irrigation techniques on all areas of the Home Site. The Resident shall “level” the Manufactured Home on a consistent basis. Residents shall be personally liable for any personal injury, property damage, or other loss resulting from their change of water flow or drainage on the Home Site or in the Community. c. All water that falls on the Manufactured Home must be channeled to the street on which the Manufactured Home is located and away from any embankments, slopes or other Home Sites, using a system of overhead gutters, down spouts, and down spout extensions. d. The soil at the Home Site can expand and contract significantly when exposed to moisture and heat, including sun light. The Resident shall be responsible for any damage, repairs, maintenance or other problems caused by expansion or contraction of the soil, including any leveling of the Manufactured Home, awning, skirting or other accessories required, or resulting from the expansion or contraction of the soil. 8. LOT USAGE: a. There are no lot lines separating spaces; the configuration of each space is designated by Community Management. Each space will remain under the direct control of Community Management. Management has the right at any time to enter Resident’s space to verify compliance with these Rules. b. The Home Site may be used only for a Manufactured Home. The Home Site and the Manufactured Home shall be used for private residential purposes, and no business or commercial activity of any kind shall be conducted thereon, unless Management is 12
specifically required by law to allow said business or commercial activity on the Home Site. The Community or its address may not be used for the purpose of advertisements or sale of merchandise. c. Unless specifically pre-empted by federal, state or local law, the number of people residing in the Manufactured Home is not to exceed two (2) persons per bedroom plus one (1) additional person per home. Thus, the maximum number of people residing in a one- bedroom Manufactured Home would be three (3). d. Patio furniture, barbecue equipment, and potted plants are the only items permitted outside the home. All such items must be maintained in an attractive, clean, and neat condition. Neither the area under the Manufactured Home nor any other area of the Home Site may be used for storage, including but not limited to the porch, the carport or the driveway. Prohibited items include but are not limited to overstuffed furniture, appliances, ironing boards, above-ground pools, trampolines, mops, tools, gardening equipment, debris, refuse, litter, firewood, construction debris, or any other item that is unsightly in appearance. No towels, rugs, wearing apparel, or laundry of any description may be hung outside the Manufactured Home or on the Home Site at any time. Subletting the home is prohibited, and using any service like Air BNB, VRBO, Home Away, or the like to sublet the home shall constitute running a business in the community in violation of these Rules. e. Mechanical work may not be performed in the carport or elsewhere on your site. No repairing of motor vehicles, including but not limited to changing oil, is allowed on any Manufactured Home sites or streets within the Community. f. Propane gas will be permitted on your site for personal use barbecues (maximum 7.5 gallon tank) only. Responsibility for any damage and all liability shall rest solely with the residents. g. Car/RV washing is permitted at the Resident’s home. Please be mindful not to use excessive detergents that could create a residue on the street, and rinse thoroughly to prevent said residue. h. Golf carts must be parked in carport, garage, driveways, or designated pad as approved by Community Management in writing. Carts may not be parked on sidewalks, front porch, or landscaped areas. i. Tampering with Community utilities and Community utility connections is strictly prohibited. Resident must contact Management in the event of any problem. j. Garage sales, rummage sales, yard sales and other similar commercial activities are not permitted in this Community, except for bi-annual Community wide events. Items may not be identified as “For Sale” or “Free” outside community scheduled events with the sole purpose of ownership transfer. Any commercial activity that would result in the Community being opened up to the general public is prohibited, unless Management is required by law to allow such commercial activity. 13
k. Subleasing of the Home Site and/or assignment of the Manufactured Home are not permitted at this Community. 9. ALTERATIONS/LANDSCAPING: a. Each Resident will be required to landscape his or her Home Site within sixty (60) days of occupancy and/or the installation of a Manufactured Home. All landscaping (including but not limited to flowers) must be desert-style, and must be well-maintained, neat and attractive. Written permission of Management is required prior to any digging in the Community or on the Home Site. Management may require Resident to identify and locate any and all underground utilities prior to digging, at Resident’s expense. Written approval of the Resident’s landscaping plan must be sought and obtained before any installation work begins. b. All trees, plants or shrubs on the Resident’s Home Site are the property and personal responsibility of the Resident, regardless of when they were planted or by whom. They must be maintained in a safe, attractive manner, and to insure that they do not pose a hazard or nuisance to the Community or neighbors and will not endanger the Community’s or a neighbor’s property. Resident is responsible for trimming all trees and landscaping. Additionally, Resident is responsible for the maintenance of tree and other landscaping roots so as not to interfere with any improvements at the Community, including but not limited to utility lines, sidewalks, streets, driveways, or any other concrete, asphalt, or foundation work. The Resident will be responsible for any personal injury or property damage caused by the failure to maintain such trees, plants and shrubs, including but not limited to any failure to prevent the encroachment of root systems into Community improvements. c. Management reserves the right to require the removal of any and all trees, plants or shrubs on the Resident’s Home Site that interfere with any improvements at the Community, including but not limited to utility lines, sidewalks, streets, driveways or any other concrete, asphalt, or foundation work, or that pose a threat to surrounding homes. d. It is expected that high maintenance plants be maintained on a regular basis by the Resident. Palm trees (pygmy palms are acceptable but must not be permitted to exceed eight (8) feet in height), deciduous trees and fruit trees are not permitted on resident lots. If plants and other Vegetation are not properly maintained, Community Management reserves the right to require Resident to remove these planting materials. e. With the exception of flowers in containers of one gallon or less, the Resident must obtain Management’s prior written approval of the size and type of any tree, plant or shrub to be planted on the Home Site. Management may withhold permission for any reason whatsoever. 14
10. FENCES: a. Fences may be installed provided they have been pre-approved by Management in writing. Fences must be no more than three feet (3’) high, and must match the porch railings on the front of the home, or be constructed of wrought iron. Fences may not hinder access to any Community utility outlets or meters. b. Fences must be situated fully under the existing approved home, patio, or carport roof line. c. Decorative and retaining walls must be of stacked rock or stucco. d. Fences that were installed prior to the effective date of these Rules and Regulations that do not conform with these Rules and Regulations may remain on the Home Site provided said fences were installed in compliance with the then existing Rules and Regulations and are properly maintained, neat and attractive. If a fence that was installed prior to the effective date of these Rules and Regulations is not properly maintained, neat or attractive, Management may require the Resident to remove said fence, at Resident’s expense. Resident shall have no right to replace a fence that was installed prior to the effective date of these Rules and Regulations, except as allowed in 10a and 10b. 11. STORAGE SHEDS: a. Written approval of Management must be obtained before a storage shed may be constructed. Storage sheds must comply with all federal, state and local laws regarding county permit requirements, location and size restrictions. Sheds must be constructed with a minimum dimension of eight (8) feet X eight (8) feet and a maximum dimension of eight (8) feet X ten (10) feet (prior written Management approval required) and must allow for at least one (1) car to park in the driveway or carport (minimum 18 feet from street apron to structure). Sheds must be constructed of wood and stucco covered to match color and texture of the home. b. Shed must be located on the patio or carport within the confines of the home’s roof line with prior written consent of Community Management. c. Metal and plastic sheds are expressly prohibited. d. Storage sheds must be maintained in a clean and attractive condition. Any damage to the storage shed must be repaired within fourteen (14) days from the date of damage. Storage sheds may not interfere with the use of the Resident’s driveway for parking purposes. Residents shall be allowed no more than one storage shed per Home Site, which must comply with all of the requirements of applicable codes and these Rules and Regulations, including but not limited to all size limitations. e. Storage sheds must remain locked when not in use. Electrical service may not be supplied to a storage cabinet or shed unless electrical service is in compliance with all federal, state and local laws. 15
f. Storage cabinets or sheds may not be used to store hazardous or unlawful substances. 12. LOT AND/OR YARD MAINTENANCE: a. Residents shall maintain all areas of their lots and/or yards, including the front, sides and back, in a clean, well-kept, weed-free and attractive fashion. All trash, boxes, newspapers and other debris are to be disposed of properly. Items such as barrels, brooms, ladders and tools must be stored out of sight. The space around each Manufactured Home, including grass, plants, flowers and shrubs must be neatly trimmed and/or well maintained at all times. Tenant is responsible for trimming all trees. All Home Sites must be kept free of weeds. NOTE: The Community does not supply yard tools for lawn maintenance. You must provide your own. b. If a Home Site is neglected, after written notice, Management reserves the right, following proper notice, but is not obligated, to assume care of the Home Site and bill the Resident for the service as additional rent, and if not paid, to terminate the tenancy for non-payment of rent. c. The Community shall have a right of entry upon the land on which a Manufactured Home is situated for maintenance of utilities, trees and driveways, for Maintenance of the Home Site in accordance with the Community’s Rules and Regulations when the Resident fails to so maintain the Home Site, and for the protection of the Community at any reasonable time. d. Management shall have no right of entry to Resident’s Manufactured Home and/or enclosed accessory structures without the prior written consent of Resident, unless specifically allowed by law. e. If the Resident is vacationing or otherwise absent from the Home Site, it is the Resident’s responsibility to make alternative arrangements for the maintenance of the Manufactured Home and the Home Site in accordance with these Rules and Regulations. f. Nothing herein shall be deemed to prevent Management from exercising any of its rights, including but not limited to, the right to bring legal proceedings for injunctive relief and/or damages based on a Resident’s failure to maintain all or any part of the Home Site. g. No trampolines, swimming pools, or individual spas are permitted on Residents’ lots. 13. TRASH: 16
a. All trash must be disposed of in accordance with Community procedures, which may be changed from time to time, in conjunction with the local trash collection utility. The current Community procedures may be obtained from the Community Manager. Residents are not permitted to use Community dumpster(s). b. Management is not responsible for the pickup of large items such as couches, refrigerators, mattresses, television set and other furniture or appliances, and Residents may not dispose of such items in the Community dumpster(s). Disposal of such items is the Resident’s responsibility, and they must be stored out of sight until they are disposed of by the Resident. Resident may not dispose of business or commercial trash in the Community. Containers must be kept to the rear of the home and out of sight if possible, except on pick- up days. c. State or local government may require the Resident to recycle. In that event, the Resident must comply with any and all mandatory recycling procedures. d. Do not enter any garbage containers to remove any refuse. “Dumpster diving” is prohibited. 14. VEHICLES AND PEDESTRIAN TRAFFIC: a. All vehicles, including but not limited to motorbikes, must be registered in compliance with Arizona law and all such registrations must be kept current. Vehicle license plates must show current registration. Management may require the Resident to provide a copy of the vehicle registration for any vehicle in the Community. b. All vehicles must be properly equipped with a muffler to insure quiet performance. Any vehicle which creates excessive noise, exhaust or a disturbance of any kind will not be permitted to operate in the Community. c. Inoperative vehicles and vehicles with expired registrations or license plates or with no license plates are not permitted in the Community. The manager may request verification of operability. d. Any vehicle dripping gasoline or oil must be repaired immediately. No car repairs or maintenance of any type will be permitted on the Home Site, including but not limited to on the driveways and carports, or in any common area of the Community, including but not limited to the streets. e. This community does not have sidewalks in all areas. In the event sidewalks are not available, pedestrians and vehicles must share the streets. For this reason, MOTORISTS MUST DRIVE WITH EXTREME CAUTION AT ALL TIMES WHILE DRIVING THROUGH THE COMMUNITY. The speed limit in the Community is fourteen and a half (14 1/2) miles per hour. Speeding is strictly prohibited. 17
f. Pedestrians must use the Community’s sidewalks and street crossing areas whenever they are available. Pedestrians shall use extreme caution when walking in any street and shall look both ways before crossing the street. Pedestrians assume the risk of walking in any street in the Community. g. Only licensed drivers may operate any vehicle in the Community. Operating a vehicle under the influence of drugs or alcohol is deemed a material and irreparable breach of the Resident’s rental agreement and will constitute cause for immediate eviction. h. Motorcycles, motor scooters, ATVs, and four-wheelers are permitted but must be kept in the carport or garage area in a neat and orderly fashion. Such items must be kept in neat, clean condition and must not be unsightly or create a disturbance. 15. PARKING: a. Each Home Site has a designated parking area and/or carport for one (1) or two (2) vehicles. Vehicles may be parked in the designated parking area and/or carport only and may not extend onto the street or any other area of the Home Site. No parking on the grass, on landscaped areas, or between Home Sites is allowed. Neither Residents nor their visitors are to park on another Resident’s Home Site or on a vacant Home Site. The streets in this Community may be designated as fire lanes. Street parking is strictly prohibited between the hours of 11:00 PM and 6:00 AM. Anyone parked in violation of these Rules and Regulations is subject to having their vehicle ticketed and/or towed at the car owner’s expense. WARNING: If a vehicle is parked in the street or otherwise in violation of these Rules and Regulations and a tow company is called for its removal, the owner of the vehicle may be charged by the tow company whether the vehicle is towed or not. b. All vehicles parked at the home site must be fully operational and have a current registration. Except as provided in paragraph 15, vehicular parking on the home site is limited to automobiles, motorcycles, small trucks, small van type RVs and can be parked in carport areas if they are small enough to fit appropriately and have been approved by Community Management. No other vehicle of any other kind may be parked or stored at the Home Site, including but not limited to non-operative vehicles, storage vehicles, campers, boats, jet skis or aircraft. No resident may park or store commercial vehicles with more than two (2) axles at the Home Site or commercial vehicles exceeding twenty one feet (21’) in length or 7 feet (7’) in height. c. Overnight RV or moving van/trailer parking in the community center parking area for the purpose of loading and unloading must obtain prior Community Management approval. Community Management will issue a temporary parking pass to park in the community parking areas for a duration of three (3) days. Should the duration require more than the three consecutive days, residents will be asked to contact Canyon Vistas for “Daily” space rental. 18
d. Driveways and carports must be kept clean at all times. Oil drippings or damage to pavement caused by any Resident or guest must be repaired and cleaned by the Resident, at his or her cost. Except where specifically prohibited by law, Residents are responsible for the maintenance, repair, and/or replacement of driveway or carport. 16. RECREATIONAL VEHICLES: a. If Resident is permitted to keep an RV on an RV pad in the Community, Resident and Resident’s contractors and employees may perform work in the RV during daylight hours; otherwise it is to be considered to be in storage and is not to be occupied. Restrictions to the use of Generators are located in the Architectural Standards and Controls. No one may sleep in an RV that is kept on a home site. b. RV parking is restricted to the specially designated RV pad only. Residents without such RV pads may not keep an RV on or next to their space. RVs older than ten (10) years old or shorter than 35 feet in length may not be parked on a home’s RV parking pad without written approval from management. c. All construction of and/or modifications to an existing RV pad must be approved IN ADVANCE in writing by Management. d. DRONES/RC PLANES cannot be flown at any time on or above the community property by residents/guests or third parties. Cal-Am management reserves the right for drone usage for marketing or special events and activities. 17. MOTORCYCLES, MINI-BIKES, GOLF CARTS AND MOPEDS: No motorcycle, motor scooter, mini-bike, golf cart, moped, go-cart, go-ped or other two (2), three (3) or four (4) wheel motorized vehicle will be allowed in the Community unless it is the property of a Resident. Such vehicles are subject to the same registration requirements as other vehicles under these Rules and Regulations. Such vehicles may only be driven by persons with a valid driver’s license. Mufflers are mandatory. No all-terrain vehicles, dirt-bikes or unregistered vehicles may be driven in the Community at any time for any reason. Nothing herein shall be construed as preventing Resident from using a motorized or non-motorized wheelchair or similar device that is reasonably required due to a medical condition or disability. 18. CONDUCT: a. Actions by Residents or their guests which endanger the health or safety of any person are prohibited. Said actions include but are not limited to public intoxication, use of illegal substances, drug abuse, loud or boisterous behavior, assault or battery and the use of 19
profanity or other offensive, rude or threatening language. Persons under the influence of illegal substances may not use the common areas or facilities of the Community. b. Residents and their guests shall not encroach or trespass upon any other Home Site, any vacant site, or any other area of the Community that is not open to the Residents and their guests. Please respect your neighbors’ privacy by not trespassing on their Home Sites. Such trespassing is strictly prohibited. c. Residents must keep the noise level from television, stereo, musical instruments and other sources so it may not be heard outside of their Manufactured Home at any time, and shall reduce their noise level to a fully quiet mode between the hours of 10:00 PM and 8:00 AM. Radios, televisions, stereo equipment and other audio or video devices may not be used in a manner to disturb other Residents. d. Residents shall not engage in any conduct which constitutes a substantial annoyance to other Residents, nor shall Residents use or allow the Home Site to be used for any illegal or unlawful purpose. e. No loitering, trespassing or playing in vacant Manufactured Homes, on vacant Home Sites, or in the streets is allowed. f. Bicycles may be ridden on the Community’s streets provided the bicycle rider obeys the same rules of the road as automobiles. Bicyclists must also obey all laws regarding the use of bicycles, including any law regarding the use of helmets and other protective devices. Please be extremely cautious when riding your bicycle in the Community. All bicycling in the Community is at the rider’s own risk. g. Illegal drug use and public drunkenness are not allowed in the Community under any circumstances. Smoking is prohibited in the Community Center and all other common area buildings of the Community. Management reserves the right to limit or prohibit smoking in all areas of the Community, to the full extent allowed by law. For the purposes of this Rule, the term “smoking” means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, or other tobacco product or similar lighted product in any manner or in form. “Product” means any organic product including but not limited to marijuana (including but not limited to “medical marijuana”). “Smoking” also includes the use of “E- cigarettes” and similar devices that mimic normal smoking by the use of battery powered heating elements that create vapor, flavored or otherwise. The use of marijuana in the Community including but not limited to medical marijuana is prohibited and constitutes a violation of the Crime Free Addendum with the Community, and a violation of these Rules. h. Violent acts, including but not limited to assault or battery, are strictly prohibited. i. Fighting words, profanity, verbal attacks and other confrontational verbal activity are strictly prohibited. 20
j. The illegal use of any weapon is expressly prohibited, including but not limited to rifles, guns and knives. BB guns and fireworks are also prohibited. k. Open fires and or fireplaces are not permitted on the Home Site or in any other area of the Community. The only exceptions are outdoor chimineas, or enclosed fire pits but must be approved by community management. l. Residents are responsible for their own conduct and for that of their occupants, guests, visitors, and invitees. Residents and their occupants, guests, visitors, and invitees must conduct themselves in a reasonable and respectful manner at all times in the Community. Offensive or inappropriate conduct towards anyone, and/or harassment of anyone, including but not limited to Community management, vendors, or staff, will not be tolerated and is grounds for termination of tenancy. Residents, their occupants, guests, visitors, and invitees may not yell, curse at, or behave inappropriately towards Community management, vendors, or staff. Residents and their occupants, guests, visitors, or invitees must not interfere with the management or operation of the Community. m. Any damage or vandalism to Community common areas or property is grounds for termination of tenancy, and residents will be responsible for paying the cost to repair any such damage or vandalism as additional rent and/or such amounts may be sought by the Community in an action against Resident for damages. 19. RECREATIONAL FACILITIES: a. The Community may have certain common areas and facilities. Use of these facilities is not guaranteed and common areas and facilities may be restricted, temporarily closed, or even permanently closed for renovations, remodeling, change in use, meetings, Management use, training, maintenance, national emergencies, pandemics, acts of God, due to force majeure, and the like. Changes to or closures of any common areas or facilities shall not reduce the amount of rent that any resident pays. b. The recreational and Community facilities are provided for your enjoyment and we trust you will assist us in their proper use and care. Community facilities are provided for the exclusive use of the Community Residents and their guests. The rules and hours of the Community facilities are posted at the facility and may be amended at the discretion of Management in accordance with law. Anyone using any such Community facility must comply with these Rules and with all posted rules at the facility. Facilities and equipment are to be used at your own risk. Management reserves the right to restrict or change the use of any Community facility as to hours, purposes and conduct, in accordance with law. Recreational facilities may be closed from time to time by Management, including for maintenance, training and/or other management purposes. Special rules posted at Community facilities are hereby incorporated into these Rules, and must be complied with. c. A private function is a function that is not open to all Residents of the Community. The Community Center may be available for private functions when they do not conflict with Community activities. Residents interested in having a private function must contact the 21
Activities Office and reserve space well in advance of the planned function. Private functions are the Resident’s sole responsibility and Management reserves the right to require the sponsoring Resident to procure appropriate insurance for any private function to the full extent permitted by law. Attendance at any private function shall not exceed the capacity limit as required by the local fire department regulations. Resident users are responsible for cleanup and trash removal after use. d. Management reserves the right to require a security deposit for any private function. If a Resident fails to clean up sufficiently after use, Management may have the cleanup work done and charge the Resident a cleanup fee, deduct the cleanup fee from the security deposit and/or bring legal action against the Resident for all damages. The use of the Community Center for private functions shall be on a first come, first served basis. Management reserves the right to deny use of the Community Center for a private function for any reason whatsoever. e. Excessive use of alcoholic beverages, boisterous conduct or destruction of property is expressly forbidden. f. No one in wet bathing suits, bare feet or without a shirt will be permitted in the Community Center. Management reserves the right to revoke the recreational area privileges of any Resident or guest who does not comply with the Rules and Regulations regarding their use, including but not limited to all posted signs. 20. SWIMMING POOL: a. The swimming Pool is normally open twenty-four (24) hours weather permitting. Management reserves the right to close down the pool areas for maintenance, training national emergencies, pandemics, acts of God, force majeure and any management purposes. In addition, Management reserves the right to close down the pool area and/or store all pool furniture indoors, as dictated by the weather. Rules regarding the use of the swimming pools are posted in the pool areas. NO LIFEGUARDS ARE ON DUTY IN THE SWIMMING POOL AREA. SWIM AT YOUR OWN RISK. b. Guests in the pool area must be accompanied by a Resident. No more than four (4) guests per Home Site are permitted at the pool area. All use of the swimming pool is at the user’s risk. Management assumes no responsibility or liability for physical problems or personal injury connected with the use of the pool. It is recommended that no person use the swimming pool unless accompanied by at least one other person. c. Food and beverage is permitted in the pool area no closer than three (3) feet from pool or spa in accordance with Pinal County pool and spa regulations. Glass containers of any kind are not permitted in the pool area. d. For protection of pool furniture, towels must be placed over furniture when using suntan or sunblock, lotions, oils or creams. 22
e. All persons must shower before using the swimming pools. No sun tan oil may be used prior to entering the pool. All persons must wear a swim suit in the swimming pools. No street clothes are permitted in the swimming pools. Nudity is strictly prohibited at the swimming pools and all of the common areas of the Community. Swimmers must not use any objects in the pools that may leave rust stains or damage the filter pumps if lost. No glass of any kind is allowed around the pool areas, including but not limited to bottled drinks or foods. If incontinent, a “swim diaper” or pants specifically designed for such use must be worn. No person may urinate or defecate in the pools. f. No running or unsafe activity of any kind is allowed around the pool. No jumping or diving from the sides of the swimming area is allowed. No personal radios, tape recorders, compact disc players or audio listening devices of any kind are allowed in the pool areas, except if used with headphones or earphones in a manner that does not disturb other Residents; or for Community Activities authorized by Management. Each person using the pools must respect the rights of others. Any person who is a substantial annoyance to others using the pools may be required to leave the pool areas. Permission to use the pool area may be revoked for failure to comply with these and any posted rules. g. No person who does not know how to swim may use the pools unless accompanied by at least one person who knows how to swim and who is capable of assisting a non-swimmer in the event of an emergency. All persons using the pools are requested not to swim alone under any circumstances as no lifeguards are on duty at the pools. 21. SPA: a. Spa is open twenty-four (24) hours, weather permitted, but may be closed for the same reasons as set forth regarding pools and facilities. NO LIFEGUARD IS ON DUTY IN THE SPA AREA. SWIM AT YOUR OWN RISK. b. Guests in the spa area must be accompanied by a Resident. No more than 2 guests per Home Site will be allowed to use the spa at any one time. WARNING: ALL PERSONS INCLUDING PERSONS WITH HIGH BLOOD PRESSURE OR HEART CONDITIONS, OR IN PREGNANCY, SHOULD CONSULT THEIR PHYSICIAN BEFORE USING THESE FACILITIES. All use of these facilities is at the user’s risk. Management assumes no responsibility or liability for physical problems or personal injury caused by the use of the spa. It is recommended that no person use the spa unless accompanied by at least one other person. c. Persons who do not know how to swim may use the spa unless accompanied by a person who knows how to swim and who is capable of assisting a non-swimmer in the case of an emergency. d. All persons must shower before using the spa. No sun tan oil may be used prior to entering the spa. All persons must wear a swim suit in the spa. Nudity is strictly prohibited at the spa and at all of the common areas of the Community. No street clothes may be worn in 23
the spa. No jumping/diving from the sides of the spa is allowed. If incontinent, a “swim diaper” or pants specifically designed for such use must be worn. No person may urinate or defecate in the spa. e. No personal radios, tape recorders, compact disc players or audio listening devices or any kind are allowed in the spa area, except if used with headphones or earphones in a manner that does not disturb other Residents; or for Community Activities authorized by Management. Each person using the spa must respect the rights of others. Any person who is a substantial annoyance to others using the spa may be required to leave the spa area. Permission to use the spa area may be revoked for non-compliance with these Rules or any posted rules. 22. VANDALISM: Any resident who vandalizes, alters or otherwise destroys Community property will be responsible for paying all costs incurred in restoring that property to its original condition. Such charges shall constitute additional rent and/or may sought in a legal action for damages. Residents will be responsible for any damage done by their guests or family members. Residents are encouraged to report to Management all incidents of vandalism which they have observed. 23. SOLICITING: This Community is private property. We reserve the right to refuse admittance to anyone and prevent trespassing. No door-to-door selling will be permitted without the express written permission of Management. No door-to-door solicitations of any kind are permitted. A solicitation by one tenant without a prior invitation by another tenant is prohibited by this rule. 24. INSURANCE AND PERSONAL PROPERTY TAXES: a. Manufactured Homes and their contents are the responsibility of the Resident. The Community does NOT provide insurance for residents’ manufactured homes or their contents. b. It is strongly recommended that Resident obtain an insurance policy which includes coverage for bodily injury, property damage and personal injury, in an amount of no less than one hundred thousand dollars ($100,000) for any single occurrence. c. Said policy shall be primary to any insurance carried by Management. Any insurance that may be carried by Management shall be considered excess only. Management does not insure Resident-owned homes or Residents’ property. 24
d. Resident shall not use the Home Site, the Community, or any part thereof in a manner that will increase the risks or rate of insurance or cause the cancellation of any insurance policy covering the Home Site, the Community, or any part thereof. e. Subject to any limitations set forth under applicable law, resident shall indemnify and hold Management harmless from and against any and all claims arising from Resident’s use of the Home Site or the Community, or from any activity or thing done, permitted, or suffered by Resident in or about the Home Site or the Community and shall further indemnify and hold Management harmless from and against any and all claims arising from any breach or default in the performance of any obligation on Resident’s part to be performed under the terms of any agreement with Management, including but not limited to these Rules and Regulations, or arising from any act of negligence of Resident, or any of Resident’s agents, contractors, employees or invitees, and from and against any and all costs, attorney’s fees, expenses and liabilities incurred in connection with such claim or any action or proceeding being brought against Management by reason of any such claim. f. Resident is responsible for ensuring that all personal property taxes on Resident’s mobile or manufactured home are paid in full; failure to pay personal property taxes on the mobile or manufactured home is a material non-compliance with these Rules and is grounds for termination of tenancy for material non-compliance. 25. MANUFACTURED HOME RESALES: a. Residents must notify Management in writing at least sixty (60) days prior to the intended date of sale of their Manufactured Homes. Following receipt of said notice, Management may notify the Resident in writing of any violation to be corrected. Signs advertising the sale of the home may not exceed twelve inches (12”) by eighteen inches (18”) and are limited to one per home. “For Sale” signs must be professionally printed and affixed to the front window or the siding of the home. An “Open House” sign not to exceed twelve inches (12”) by eighteen inches (18”) may be displayed on the home during open house hours. Although Residents may conduct “Open Houses” to sell their homes, no “Open House” signs, balloons or other marketing tools are permitted in the Community common areas, including but not limited to on the Community streets and sidewalks without prior written approval from Management. No “Real Estate Caravans” are permitted in the Community. These rules do not apply to homes sold by the Community itself or its associated dealership. b. Before the sale of a Manufactured Home has been completed, a prospective Resident (Buyer) must fill out a Resident Application form and, upon acceptance as a prospective Resident, sign: (1) A Rental Agreement, (2) The Community Rules and Regulations and (3) Any other forms required by law. i. A prospective Resident or Buyer does not become a Resident and has no rights of tenancy, unless he or she has signed each of the above documents and has been approved and accepted in writing by Management. Anyone who moves onto a home site without prior written approval of Management shall be a trespasser. 25
ii. Residents cannot guarantee that prospective buyers will be approved for residency. iii. As an additional condition to Community approval of any buyer as a resident, the Community may require that any outstanding balance owed to the Community be paid. 26. REMOVAL OF HOMES FROM COMMUNITY: a. Residents or their successors in interest may remove their homes from the Community as provided in A.R.S. § 33-1485.01. Residents must provide Management with a Notice of Removal of Mobile Home from Community not less than thirty (30) days prior to move- out (this time is necessary for Management to make arrangements to enable the move-out). A form of notice is available from the management office. Resident MUST be current on all fees, lease rent, late fees and utilities in order to remove the home. b. Residents must designate a person or entity who will be responsible for the move-out. If this responsible party is not licensed as a contractor by the Arizona Registrar of Contractors or Arizona Department of Housing , a move-out deposit of $2,500.00 or the then-current maximum allowable statutory amount, less any security deposit of Resident’s then held by the Community, must be paid to the Community. c. When the home is removed, all accessory structures such as sheds, awnings, carports, fences, Arizona rooms and the like must also be removed unless the Community agrees in writing that they may remain. Likewise, all concrete, asphalt, trees, plants, bushes, shrubs and other vegetation and landscaping must be removed and disposed of, unless the Community agrees in writing that they may remain. Community dumpsters or trash cans may not be used for this purpose. All debris, trash, vegetation, etc. must be removed from the Community. d. The space must be left clean, free of trash, building materials and construction debris. Water and sewer lines must be capped off. e. All holes and depressions must be filled in. The space must be graded and level, and approximately the same level as adjoining sites. If fill dirt is necessary, Resident is responsible for supplying clean fill dirt. The space must be left in clean, level condition, to appear as if no home had ever been placed on it, and so that it is ready for the complete installation of another home. 27. FIREARMS AND FIREWORKS: FIREARMS may not be worn in the Community or openly displayed except by sworn law enforcement personnel at any time except as provided below (restrictions not applicable to sworn law enforcement personnel). Residents, Residents’ guests and visitors: 26
a. May carry a firearm in personal vehicles and may store a firearm in a locked vehicle while in the Community, as long as any such firearm is not visible from outside the vehicle. b. May have a firearm within the Mobile Home. c. May carry a firearm between vehicles and the Mobile Home in a box, holster or other device that does not display the firearm to others. d. Except when transporting a firearm directly between a vehicle and the Mobile Home, may not carry a firearm in a public or common area of the Community. e. May not carry a firearm in the Community office at any time. f. May not brandish or display a firearm or display in a common or public area of the property. g. May not threaten other Residents, occupants, visitors or staff with a firearm, whether the firearm is displayed or not. h. May not discharge a firearm anywhere in the Community for any reason at all. i. May not leave a firearm in an unlocked vehicle in the Community. j. May not leave a firearm in a locked vehicle if the firearm is visible from outside the vehicle. k. Violation of any of the above firearms restrictions by any Resident, visitor or guest shall constitute a material and irreparable breach and shall be cause for an immediate termination of tenancy. l. FIREWORKS of all kinds, including but not limited to sparklers, are prohibited in the Community. Igniting any kind of fireworks in the Community, including but not limited to lighting a sparkler, by any Resident, visitor or guest shall constitute a material and irreparable breach and shall be cause for immediate termination of tenancy. 28. COMPLAINTS: All Resident complaints, except emergencies, must be presented to Management in writing during office hours. Management’s actions with regard to requests, responses to complaints, etc. are predicated upon maintaining a safe and harmonious environment throughout the Community. Should an occasion arise in which a resident wishes to appeal a decision made by Community Management or a guideline set forth in these Community Guidelines, please contact the Regional Manager. 27
29. CAPTIONS: The titles of paragraphs herein are for identification only. Residents should read the complete text of all paragraphs in order to fully understand the Rules and Regulations, or to find answers to particular questions. 30. HAZARDOUS MATERIALS: Federal or state law may require you to provide written notice to Management if you discover the presence or suspected presence of any hazardous substance beneath the Home Site you are renting. Management reserves the right to prosecute Residents and/or terminate tenancies of those Residents who cause hazardous substances, gasoline, petroleum products or used oil to be located on or beneath their Home Site. 31. ENFORCEMENT OF RULES AND REGULATIONS: Management will make every reasonable effort to enforce all of the Rules and Regulations equally. However, the enforcement of the Rules and Regulations are a private matter between Management and the affected Resident, and any lack of enforcement will not support a claim for breach of contract against Management. The Resident is not a third- party beneficiary of any other Rental Agreement or the Rules and Regulations with respect to Management and other Residents in the Community. 32. WRITTEN RENTAL AGREEMENT REQUIRED: A written Rental Agreement must be executed at the inception of tenancy. At the expiration of a written Rental Agreement, either party may request the other to sign a written Rental Agreement. The Community requires that residents maintain updated, current Rental Agreements with the Community. 33. CONFLICT WITH THE LAW: It is Management’s intention for these Rules and Regulations to comply with all federal, state and local laws, including all federal, state and local laws regarding Mobile Home parks. In the event of any impermissible conflict with any federal, state or local law, that law shall be deemed to supersede these Rules and Regulations. In the event of a conflict between federal, state and/or local laws, federal law supersedes state law, and state law supersedes local law. Nothing in these Rules and Regulations shall preclude Management from making a “reasonable accommodation” as may be required under any federal, state or local law. If any part of these Rules and Regulations is finally determined by a court of competent jurisdiction to be unenforceable, the remainder of these Rules and Regulations shall remain in full force and effect. Nothing in these Rules and Regulations shall preclude Management from contesting the validity of any law, either on its face or as applied. 28
34. ASSUMPTION OF RISK RE: VALUE OF MANUFACTURED HOME: The economic risk assumed in purchasing Manufactured Housing is markedly greater than permanent housing. Manufactured Housing is movable housing with a limited life span. Judgment about Manufactured Housing value should not include factors relating to Community location, land value or current rent because such factors are variable. Other risks include, but are not limited to, Manufactured Housing deterioration or obsolescence, changes in the supply of or demand for Manufactured Housing, interest rates and terms, economic climate, neighborhood and tenant transition, and many other factors beyond Management’s control. Except where contrary to law to do so, Resident shall assume all risk regarding the value of Resident’s Manufactured Home from factors beyond Management’s control. Except where contrary to law to do so, Resident shall discharge, release, and hold Management free and harmless in the event of economic loss, diminution in market value or depreciation of Resident’s Manufactured Home, or its accessory structures or equipment, which results from closure or “change of use” of any part of the Community. 35. REVISIONS TO COMMUNITY GUIDELINES : Montesa reserves the right to amend, revise and add to the Guidelines of the Community at any time as it deems such amendments, revisions or additions are in the best interest of the Community and its residents. Notice of any such changes shall be distributed by first class mail thirty (30) days in advance of effective date in accordance with ARS 33-1452d. 36. GENERAL ASSUMPTION OF RISK & RELEASE OF LIABILITY: Cal-Am Properties operates Manufactured Housing communities throughout the State of Arizona. References to Cal-Am Properties (“Cal-Am”) include all of Cal-Am Properties in the State of Arizona, the individual entities that own them, the entities that manage them, their officers, officials, employees, volunteers, contractors, agents, and assigns. Montesa at Gold Canyon offers a wide variety of recreational and other amenities for use by its residents. These include (without limitation) spa, swimming pool, exercise facilities, tennis courts, pickle ball courts, shuffle board courts, bocce ball courts, and facilities within Montesa Hall, and in other areas of the property. These facilities include such things as wood working, weight rooms, craft rooms, and the like. Each property also offers organized activities. These include entertainment performances, pickle ball, tennis and other sports tournaments, swimming classes, dance classes, and field trips. Some activities are organized and sponsored by Cal-Am; others by voluntary resident associations. Some activities entail payment of an additional fee to participate. I/we by electing to reside in a Cal-Am community, may participate in one, some, or all of the activities referred to above, and may use some or all of the facilities and amenities offered by Cal-Am property as described above. In consideration of my participation in activities or use of facilities and amenities, I agree as follows: 29
RISKS INVOLVED: I agree to closely inspect all facilities before using them. I understand that some facilities such as therapy spas, swimming pools, exercise rooms, and other facilities represent a risk to health and safety. I understand that some activities such as tennis, swimming, pickle ball, jogging, and participation in exercise, dance and swimming classes can be strenuous and can also pose a risk to my health and well-being. With respect to such activities I understand that I will participate only in those which I am medically and physically able to. I understand that some activities involved in traveling to, with, and/or returning from different areas, including, but not limited to, political, legal, social, and economic conditions; different standards of design, safety, and maintenance of buildings, public places, and conveyances; and local medical and weather conditions. I agree that in deciding to use any facility or participate in any activity, I will make my own investigation, will obtain materials from a variety of sources, and am willing to accept these risks. I understand the risks posed by animals and agree to use care when outside the property especially when encountering dogs or wildlife. HEALTH AND SAFETY: I have been advised to consult with a medical doctor with regard to my personal medical needs. I state that there are no health-related reasons or problems that preclude or restrict my participation in any activities that I elect to participate in or use any facilities that I choose to use. I have obtained all required and recommended immunizations, if any. I recognize that Cal-Am is not obligated to attend to any medical or medication needs, and in fact may expressly instruct its employees to not attend to such needs, and I assume all risk and responsibility therefore. In case of a medical emergency occurring during my participation in any activities or use of any facility, I understand that I may receive no assistance from Cal-Am employees or volunteers, I am responsible for my own medical treatment and emergency care as needed, and agree to pay all expenses relating thereto and release and agree to hold harmless, defend and indemnify Cal-Am from all liability of any nature whatsoever for any actions. ASSUMPTION OF RISK AND RELEASE OF LIABILITY: Knowing the risks described above, and in voluntary consideration of being permitted to participate in the activities and use the facilities and amenities referred to above, I agree to release, indemnify, and defend Cal-Am and its officials, officers, employees, agents, volunteers, sponsors, and contractors from and against any claim which I, the participant, my legal guardian or any other person may have for losses, damages or injuries arising out of or in connection with my participation or use. I also agree to fully acquaint all guests and invitees I permit to engage in such activities and/or use these facilities, with the foregoing and to defend, indemnify and hold Cal-Am harmless from any claims by such guest or invitee arising out of such use or activity. I expressly understand that this assumption of risk and release of liability also applies to injury resulting from encounters with dogs, wildlife, and other animals within the community. 30
SIGNATURE: I indicate that by my residence at this community, that I have read the terms and conditions of participation and use, and agree to abide by them. I have carefully read this Release Form and acknowledge that I understand it. No representation, statements or inducements, oral or written, apart from the forgoing written statement, have been made. This Release form shall be governed by the laws of the State of Arizona which shall be the form for any lawsuits filed under or incident to this Release Form or to the participation in an activity or use of a facility. If any portion of this Release is held invalid, the rest of the document shall continue in full force and effect. I HAVE READ AND UNDERSTAND THE ABOVE STATED RULES AND REGULATIONS OF THIS MANUFACTURED HOME COMMUNITY. I UNDERSTAND THAT FAILURE TO COMPLY MAY RESULT IN TERMINATION OF MY TENANCY. Date: ____________________ Space: ___________________ Resident: ___________________________ Resident: ___________________________ Resident: ___________________________ Montesa at Gold Canyon By: __________________________________________ (Community Manager) 31
Search
Read the Text Version
- 1 - 31
Pages: