The purpose of the Declaration of Reservations is to establish a general plan for maintenance, development and improvement of the various Fountain Hills plats for the mutual benefit of all the lot owners in the community; to maintain a high standard of architecture so as to enhance the aesthetic values of the community, for all the promotion of public health, safety and general welfare of the community.
The Declaration is a contract, the terms of which are deemed accepted by subdivision lot owners by virtue of their ownership. The building restrictions contained in the Declaration are legally binding upon lot owners, their agents, family, users and successors.
The Declaration of Reservations for each plat runs until 25 years from the date of its recordation. The actual date of recordation may vary from plat to plat within Fountain Hills. At the conclusion of 25 years, the Declaration for each plat is automatically extended for successive ten year terms unless amended by an instrument signed by a majority of the then lot owners.
The Declaration of Reservations for each plat created a Committee of Architecture with the authority to set architectural standards and guidelines and to enforce provisions of the various Declarations. Until July 24, 1992, the Committees of Architecture for each plat were appointed by MCO properties, Inc., the current master developer within the town of Fountain Hills. The developer's authority to appoint the committee members for each Committee of Architecture extended for a period of 20 years from the date of recording of each Declaration of Reservations. As the 20-year period expired for each plat within Fountain Hills, the authority of MCO to appoint the committee members expired. Each Declaration of Reservations provided that, after such 20-year period, committee members would be elected in a manner determined by a majority of the then lot owners. There was no provision for selection of a Committee of Architecture members if a majority of property owners within a plat do not adopt a procedure for such election.
The Neighborhood Property Owners' Association of Fountain Hills, Inc., was formed in order to provide a vehicle for appointment of committee members to the Committee of Architecture. Membership in this Association is available, upon approval of the Association Board of Directors, to property owners within any Fountain Hills plat upon submission of membership applications by a majority of the property owners within such plat. Membership applications must be approved by the NPOA Board of Directors.
The Association is an Arizona non-profit corporation. Its Board of Directors has been given the authority to designate the members of a Committee of Architecture for all plats represented by the Association. In addition, the Board of Directors shall be responsible for the enforcement of the provisions of the Declarations of Reservations for the various plats within the Association.
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