The CC&R’s
Ekmark & Ekmark, LLC
6720 North Scottsdale Road, Suite 261
Scottsdale, AZ 85253
Unofficial
20Document
08
Yo
RESTATED DECLARATION
ESTABLISING CRYSTAL POINT CONDOMINIUM
AND DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
20150805794
TABLE OF CONTENTS
1. DEFINITIONS ............................................................................................................................................. 2
1.1 "ACT" ........................................................................................................................................................... 2
1.2 "ASSOCIATION" ............................................................................................................................................ 2
1.3 "BOARD" ...................................................................................................................................................... 2
1.4 "CONDOMINIUM" .......................................................................................................................................... 2
1.5 "COMMON ELEMENTS" ................................................................................................................................. 2
1.6 "DECLARANT" .............................................................................................................................................. 2
1. 7 "DECLARATION" ........................................................................................................................................... 2
1.8 "ELIGIBLE MORTGAGE HOLDER" ................................................................................................................. 3
1.9 "ELIGIBLE INSURER OR GUARANTOR" .......................................................................................................... 3
1.10 "LEASE" ........................................................................................................................................................ 3
1.11 "MAJORITY" OR "MAJORITY OF OWNERS" ................................................................................................... 3
1.12 "MORTGAGE" ............................................................................................................................................... 3
1.13 "OCCUPANT" ................................................................................................................................................ 3
1.14 "OWNER" ...................................................................................................................................................... 3
1.15 "PARCEL" ..................................................................................................................................................... 3
1.16 "PARKING SPACE" ........................................................................................................................................ 3
1.17 "PERSON" ..................................................................................................................................................... 4
1.18 "PLAT" ......................................................................................................................................................... .4
1.19 "RECORD" OR "RECORDING" ........................................................................................................................ 4
1.20 "UNIT" .......................................................................................................................................................... 4 Unofficial Document
2. ESTABLISHMENT OF THE CONDOMINIUM . ...................................................................................... 4
3. DESCRIPTION OF THE UNITS AND THE COMMON ELEMENTS . ................................................... 4
3.1 UNITS ............................................................................................................................................................ 4
3.2 COMMON ELEMENTS ................................................................................................................................... .4
3.3 LIMITED COMMON ELEMENTS ...................................................................................................................... 4
3.4 MAID'S QUARTERS UNITS; RESTRICTION ON TRANSFER .............................................................................. 5
3 .5 INTEREST IN THE COMMON ELEMENTS ......................................................................................................... 5
4. ASSOCIATION . .......................................................................................................................................... 5
4.1 CLASSES OF MEMBERSHJP; VOTING RIGHTS OF CLASSES ............................................................................. 6
Class A . ................................................................................................................................................................. 6
Class B . ................................................................................................................................................................. 6
4.2 QUALIFICATIONS OF DIRECTORS ................................................................................................................... 7
4.3 BOARD'S DETERMINATION BINDING ............................................................................................................ 7
4.4 ACTIONBYOWNERS ..................................................................................................................................... 7
4.5 ADDITIONAL PROVISIONS IN ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION ................ 7
5. USE OF COMMON ELEMENTS ............................................................................................................... 7
6. PARKING SPACES ..................................................................................................................................... 8
7. COMMON ELEMENT MAINTENANCE EXPENSES AND RESERVE ................................................. 8
7 .1 PAYMENT OF COMMON EXPENSES ................................................................................................................ 9
7 .2 LIEN FOR UNPAID COMMON EXPENSES ........................................................................................................ 9
20150805794
7.3 SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS ............................................................................... 10
8. MORTGAGES ........................................................................................................................................... 10
9. INSURANCE REQUIREMENTS GENERALLY .................................................................................... 10
9.1 CASUALTYlNSURANCE ............................................................................................................................... 12
9.2 PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ........................................................................... 12
9.3 WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE ................................................... 12
9.4 FIDELITY BONDS ......................................................................................................................................... 13
9.5 INSURANCE BY OWNERS ............................................................................................................................. 13
9.6 RECEIPT AND APPLICATION OF INSURANCE PROCEEDS ............................................................................... 13
9 .7 OTHER INSURANCE BY THE ASSOCIATION .................................................................................................. 13
10. DESTRUCTION, CONDEMNATION, OBSOLESCENCE, AND RESTORATION OR SALE OF
CONDOMINIUM ............................................................................................................................................... 14
10.1 DEFINITION ................................................................................................................................................. 14
(I) "Substantial Destruction" ..................................................................................................................... 14
(2) "Substantial Condemnations" ............................................................................................................... 14
(3) "Substantial Obsolescence" .................................................................................................................. 14
(4) "Restoration" ........................................................................................................................................ 14
(5) "Restored Value of the Condominium" ................................................................................................. 15
(6) "Available Funds" ................................................................................................................................. 15
10.2 RESTORATION OF THE CONDOMINIUM ........................................................................................................ 15
10.3 SALE OF THE CONDOMINIUM ...................................................................................................................... 15
10.4 SPECIAL ASSESSMENTS FOR RESTORATION ................................................................................................ 15
10.5 RECEIPT AND APPLICATION OF CONDEMNATun-::ffi;;afo07'u;;~ ........................................................................... 16
10.6 REORGANIZATION IN THE EVENT OF CONDEMNATION ................................................................................ 16
11. RIGHTS OF OWNERS IN ANY DISTRIBUTIONS ............................................................................ 17
12. MAINTENANCE, REPAIRS AND REPLACEMENTS; RIGHT OF ACCESS .................................. 17
13. ALTERATIONS, ADDITIONS ORIMPROVEMENTS ...................................................................... 18
14. DECORATING ...................................................................................................................................... 19
15. ENCROACHMENTS ............................................................................................................................ 19
16. PURCHASE OF UNIT BY ASSOCIATION ......................................................................................... 19
17. USE AND OCCUPANCY RESTRICTIONS ........................................................................................ 20
18. ARCHITECTURAL CONTROL .......................................................................................................... 22
19. EXEMPTION OF DECLARANT FROM RESTRICTIONS AND RESERVATION OF SPECIAL
DECLARANT RIGHTS ..................................................................................................................................... 22
20. ENTRY BY BOARD OR ITS AGENT .................................................................................................. 23
21. ROOF LEAKS AND REPAIRS ............................................................................................................ 23
22. PUBLIC DEDICATION ........................................................................................................................ 23
23. COPY OF DECLARATION TO NEW OWNERS ............................................................................... 23
24. REMEDIES ............................................................................................................................................ 24
25. AMENDMENT ...................................................................................................................................... 25
20150805794
26. NOTICES ............................................................................................................................................... 26
27. SEVERABILITY ................................................................................................................................... 26
28. PERPETUITIES AND RESTRAINTS ON ALIENATION .................................................................. 27
29. RIGHTS AND OBLIGATIONS ............................................................................................................ 27
30. WAIVER ................................................................................................................................................ 27
31. EASEMENTS ........................................................................................................................................ 27
31.1 UTILITY EASEMENTS .................................................................................................................................. 27
32. PROTECTION FOR ELIGIBLE MORTGAGE HOLDERS ............................................................... 28
33. PROFESSIONAL MANAGEMENT AGREEMENT ........................................................................... 28
34. RESERVATION OF DEVELOPMENT RIGHTS ................................................................................ 28
Unofficial Document
20150805794
RESTATED DECLARATION
ESTABLISING CRYSTAL POINT CONDOMINIUM
AND DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
WHEREAS, the Amendment of Declaration of Condominium and Declaration of
Covenants, Conditions and Restrictions for Crystal Point was recorded on March 1, 1991 at
Instrument No. 1991-087036, official records of Maricopa County, Arizona Recorder
("Declaration");
WHEREAS, two (2) amendments to the Declaration have been recorded since the time of
the original Declaration;
WHEREAS, Crystal Point Condominium Association ("Association") wishes to
consolidate all of the language contained within the two (2) amendments into the Declaration;
NOW, THEREFORE, by the attached document, the Association hereby restates the
Declaration in its entirety, and consolidates in the Declaration the following amendments: Third
Amendment to Declaration Establishing Crystal Point Condominium and Declaration of
Covenants, Conditions and Restrictions on August 9, 1993 at Instrument No. 1993-0527681
official records of Maricopa County, Arizona Recorder; and Fourth Amendment to Declaration
of Covenants, Conditions and Restrictions for Crystal Point Condominium on January 22, 1997
at Instrument No. 1997-0042386, official records of Maricopa County, Arizona Recorder.
Unofficial Document
WITNESS ETH:
WHEREAS, Declarant is the sole owner of that certain real property situated in the City
of Phoenix, County of Maricopa, State of Arizona, which is more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as the
"Parcel");
WHEREAS, Declarant desires to submit and subject the Parcel to a condominium plan of
description and ownership pursuant to Title 33, Chapter 9 of the Arizona Revised Statutes; and
WHEREAS, Declarant further desires to establish for its own benefit and for the mutual
benefit of all future owners or occupants of the Condominium (as hereinafter defined), or any
part thereof, certain easements and rights in, over and upon said Condominium and certain
mutually beneficial restrictions and obligations with respect to the proper use, conduct and
maintenance thereof; and
WHEREAS, Declarant desires and intends that the unit owners, mortgagees, beneficiaries
and trustees under trust deeds, occupants and all other persons hereafter acquiring any interest in
the Condominium shall at all times enjoy the benefits of, and shall hold their interests subject to,
the rights, easements, privileges and restrictions hereinafter set forth, all of which shall run with
the land and be binding upon the Condominium and all parties having or acquiring any right, title
or interest in or to the Condominium, or any part thereof, and shall inure to the benefit of each
1
20150805794
owner thereof, and all of which are declared to be in furtherance of a plan to promote and protect
the cooperative use, conduct and maintenance of the Condominium and are established for the
purpose of enhancing and perfecting the value, desirability and attractiveness thereof.
NOW, THEREFORE, Declarant, for the purposes hereinafter set forth, declares as
follows:
1. Definitions. As used herein, unless the context otherwise requires, the following
terms shall have the following definitions.
1.1 "Act" means Title 33, Chapter 9 of the Arizona Revised Statutes.
1.2 "Association" means Crystal Point Condominium Association, an Arizona
nonprofit corporation, its successors and assigns, formed or to be formed by the Declarant, and
unless otherwise provided, shall mean and include its board of directors, officers and other
authorized agents.
1.3 "Board" shall mean the board of directors of the Association.
1.4 "Condominium" means (a) the Parcel, (b) the Units comprising the
Condominium hereby created, and ( c) the Common Elements, including all buildings,
improvements and other permanent fixtures of whatsoever kind situated on the Parcel and all
rights, privileges and appurtenances thereto, intended for the mutual use, benefit and enjoyment
of the Owners; and such term shall in generalu~-;,ffi,'Taioo;u~.-;;, ~ame meaning as set forth in Arizona
Revised Statutes § 33-1202(10), as it relates to the Condominium hereby created.
1.5 "Common Elements" mean the "common elements", as that term is
defined in Arizona Revised Statutes § 33-1202(7), including without limitation the land on which
the buildings are constructed, the foundations, floors, roofs and bearing walls of the buildings,
elevators and entryways surrounding such elevators, emergency staircases, lobbies, storage
rooms, mechanical rooms, central electrical systems, central air conditioning and heating systems
( excluding any heat pump or heat exchanger which exclusively serves one particular unit), any
pipes, wires, conduits, ducts, flues, shafts, public utility, water or sewer lines situated within a
Unit but forming a part of any system serving more than one Unit, ground level and underground
parking areas, driveways, landscaped areas, swimming pools, recreational areas and all other
portions of the Condominium, except the Units. "Common Elements" shall include any Limited
Common Elements as hereinafter described.
1.6 "Declarant" means Third Street and Indianola Partnership, an Arizona
general partnership, its successors and assigns in the ownership of the Condominium for the
purpose of the original development and sale thereof
1. 7 "Declaration" means this instrument by which the Parcel is submitted to a
condominium form of description and ownership, as from time to time amended.
2
20150805794
1.8 "Eligible Mortgage Holder" means the Holder of a First Mortgage on a
Unit who has in writing informed the Association of such Holder's address and requested
notification of and the right to participate in (if applicable) any action to be taken by the
Association pursuant to paragraphs 25 or 32 hereof.
1.9 "Eligible Insurer or Guarantor" means an Insurer or Governmental
Guarantor of a First Mortgage on a Unit who has in writing informed the Association of such
Insurer or Guarantor's address and requested notification of and the right to participate in (if
applicable) any action to be taken by the Association pursuant to paragraphs 25 or 32 hereof.
1.10 "Lease" means any agreement for the leasing or rental of a Unit and the
interest in the Common Elements appurtenant to such Unit, or any portion thereof.
1.11 "Majority" or "Majority of Owners" means the Owners of Units to which
more than fifty percent (50%) of the undivided ownership of the Common Elements is
appurtenant. Any specified fraction or percentage of the Owners means the Owners of Units to
which that fraction or percentage of undivided ownership of the Common Elements is
appurtenant.
1.12 "Mortgage" means any recorded, filed or otherwise perfected instrument
given in good faith and for valuable consideration which is not a fraudulent conveyance under
Arizona law as security for the performance of an obligation, including without limitation a deed
of trust, but does not mean any instrument creating or evidencing solely a security interest arising
under the Uniform Commercial Code. "Mortg;;;ffi;.,~::m;,;aans a person secured by a Mortgage,
including a trustee and beneficiary under a deed of trust; and "Mortgagor" means the party
executing a Mortgage. "First Mortgage" means a Mortgage which is the first and most senior of
all Mortgages upon the same property.
1.13 "Occupant" means a person or persons, other than an Owner, in rightful
possession of a Unit.
1.14 "Owner" means the record owner, whether one or more persons or
entities, of the fee simple title, whether or not subject to any Mortgage, to any Unit which is a
part of the Condominium (including any real estate subsequently merged with the Condominium
pursuant to paragraph 34 hereof), including a purchaser under an agreement for sale within the
meaning of A.R.S. § 33-741, but does not mean those having such interest merely as security for
the performance of an obligation. In the case of Units the legal title to which is vested of record
in a trustee pursuant to Arizona Revised Statutes§§ 33-801 et~-, the truster shall be deemed to
be the owner thereof.
1. 15 "Parcel" means the parcel ofreal estate described on Exhibit "A" attached
hereto, which is hereby submitted to a condominium form of description and ownership.
1.16 "Parking Space" means each of the separate parking spaces shown on the
Plat attached hereto as Exhibit "B".
3
20150805794
1.17 "Person" means a natural individual, corporation, partnership, trustee or
other entity capable of holding title to real estate.
1.18 "Plat" means the Plat of survey of the Condominium as hereinbefore and
hereinafter more fully described and identified which is attached hereto as Exhibit "B" which
Plat was recorded in Book 341 of Maps, at page 38 of the records of the County Recorder of
Maricopa County, Arizona.
1.19 "Record" or "Recording" refers to the record or the act of recording, in the
office of the County Recorder of Maricopa County, Arizona.
1.20 "Unit" means each of the 69 portions of the Condominium which consist
or are planned to consist of one or more rooms designed or intended for independent use as a
dwelling unit, as shown on Exhibit "B" attached hereto, and as more fully described in
paragraph 3.2 hereof. "Unit" as used herein shall have the same meaning as that defined in
Arizona Revised Statutes§ 33-1202(22). There shall be allocated and appurtenant to each Unit
an undivided interest in the Common Elements as set forth in paragraph 3 hereof.
2. Establishment of the Condominium. Declarant hereby creates and establishes this
Condominium pursuant to Title 33, Chapter 9 of the Arizona Revised Statutes, to be hereafter
known as Crystal Point Condominium and does hereby declare that all of the Units shall be
owned, leased, sold, conveyed and encumbered or otherwise held or disposed of subject to the
terms, conditions and other provisions of this Declaration.
Unofficial Document
3. Description of the Units and the Common Elements. The entire Condominium
shall consist of the Common Elements and the Units.
3 .1 Units. There are or are planned to be a total of 69 Units in the
Condominium. Reference is hereby made to the Plat attached hereto as Exhibit "B" for a
description of the boundaries of each Unit, its Identifying Number and its location or planned
location within the Condominium. Each Unit shall include the space enclosed and bounded by
the interior unfinished surfaces of the ceiling, floor, walls, doors and windows or any extensions
thereof, together with any plumbing fixtures or lines and electrical or refrigeration equipment or
lines which exclusively serve such Unit; provided, however, that no portion of the roof, bearing
walls or other structural components of the Building in which each Unit is located, and no pipes,
wires, conduits, ducts, flues, shafts, or public utility, water or sewer lines situated within such
Unit and forming part of any system serving one or more other Units or the Common Elements
shall be deemed to be a part of a Unit.
3 .2 Common Elements. The Common Elements are all of those portions of
the Condominium not included within the description of the Units as provided in paragraph 3.1
hereof. A further description of the Common Elements is as set forth in paragraph 1.5 hereof and
as further delineated on the Plat attached hereto as Exhibit "B".
3.3 Limited Common Elements. The Limited Common Elements are portions
of the Common Elements allocated hereby for the exclusive use of certain Unit Owners. Any
4
20150805794
patio or balcony connected to a particular Unit, two or more parking spaces, a storage closet and
a mail box allocated to such Unit, all doors providing a means of ingress to and egress from a
Unit and all windows located in exterior walls which enclose such Unit, any shutters, awnings,
window boxes, and all other exterior doors and windows or other fixtures designed to serve a
single Unit, but located outside the Unit's boundaries, are Limited Common Elements, and,
subject the rights of the Association set forth in paragraph 12 hereof, are for the exclusive use
and benefit of the Unit Owners benefitted thereby. Any such Limited Common Elements may be
reallocated with respect to the Unit(s) benefitted by an amendment to this declaration executed
pursuant to paragraph 19 or 25 hereof.
3.4 Maid's Quarters Units: Restriction on Transfer. Certain of the Units
identified on the Plat as Units lA through lF, inclusive, are hereby specifically designated as
Maid's Quarters Units (the "Maid's Quarters Unit(s)"). No Maid's Quarters Unit shall be owned
at any time by a Person other than a Unit Owner in Crystal Point Condominium and no Maid's
Quarters Unit shall be transferred to another Unit Owner without the prior written consent of any
Mortgagee holding a security interest in the transferor's Unit or Maid's Quarters Unit. The
restrictions on ownership and transfer of the Maid's Quarters Units contained in this
subparagraph may be enforced by any Owner, Mortgagee or the Association, pursuant to the
remedies provided in Paragraph 24 hereof.
3.5 Interest in the Common Elements. The interest hereby allocated to each
Unit in the Condominium, which interest shall constitute an undivided interest in the Common
Elements appurtenant to each such Unit shall be determined by a fraction, the numerator of
which shall be the cubic content space of sucl~n;1'ti~ialD~cument 1 the denominator of which shall be the
total cubic content space of all of the Units in the Condominium. The undivided interest in the
Common Elements appurtenant to each Unit in the Condominium, determined in accordance
with the provisions of this paragraph, is set forth in Exhibit "C" attached hereto and incorporated
herein by reference.
4. Association. The Association has been, or will be formed, to constitute the "Unit
Owners' Association," as that term is defined in Arizona Revised Statutes§ 33-1202(4). The
Association shall serve as the governing body for all of the Owners for the protection,
improvement, alteration, expansion, augmentation, disposal, divestment, redescription,
maintenance, repair, replacement, administration and operation of the Condominium, the
assessment of expenses, payment oflosses, disposition of hazard insurance proceeds received by
the Association, and other matters as provided in the Act, in this Declaration, in the Articles of
Incorporation of the Association (hereinafter referred to as the "Articles") and in the Bylaws of
the Association (hereinafter referred to as the "Bylaws"). The Association shall not be deemed to
be conducting a business of any kind, and all funds received by the Association shall be held and
applied by it for the Owners in accordance with the provisions of this Declaration, the Articles
and the Bylaws. Each Owner shall be a Member of the Association as soon and so long as he
shall be an Owner. Such membership shall automatically terminate when an Owner ceases for
any reason to be an Owner, and the new Owner shall likewise automatically succeed to such
membership in the Association. Membership in the Association shall not be transferred, pledged
or alienated in any way, except upon the sale of the Unit to which it is appurtenant (and then only
to the purchaser involved in such sale) or by intestate succession, testamentary disposition,
5
20150805794
foreclosure of a Mortgage of record or other legal process transferring fee simple title to such
Unit (and then only to the Person to whom such fee simple title is transferred). Any attempt to
make a prohibited transfer of a membership will be void and will not be recognized by or
reflected upon the books and records of the Association. In the event the Owner of any Unit
should fail or refuse to transfer the membership registered in his name upon the sale of such
Owner's Unit to the purchaser of such Owner's Unit, the Association shall have the right to enter
a transfer upon the books of the Association and issue a new membership to the purchaser, and
thereupon the old membership outstanding in the name of the seller shall be null and void as
though the same had been surrendered.
4.1 Classes of Membership; Voting Rights of Classes. The Association shall
have two classes of voting membership:
Class A. Class A members shall be all Owners in Crystal Point
Condominium, with the exception of the Declarant, and shall be entitled to one
vote for each Unit owned, which vote shall be weighted as to all matters in the
proportion that the undivided interest of such Owner's Unit bears to the Common
Elements of Crystal Point Condominium and shall be numerically equivalent to
such undivided interest. When more than one person holds an interest in any Unit,
all such persons shall be members. The voting for such Unit shall be exercised as
such persons among themselves determine, or, in the absence of such
determination, as determined by the Board, but in no event shall more than one
vote be cast with respect to any Class A Unit. If any Owner or Owners cast a vote
representing a certain Unit, it \Un2~;\al Docu,;,~nt absence of prompt protest from the other
Owners of such Unit during the meeting at which such vote is cast, thereafter be
conclusively presumed for all purposes that such Owner or Owners were acting
with the authority and consent of all other Owners of the same Unit.
Class B. The Class B member shall be the Declarant and shall be entitled
to three (3) votes for each Unit owned in Crystal Point Condominium, each of
which votes shall be weighted as to all matters in the proportion that the
undivided interest of each Unit owned by Declarant bears to the Common
Elements of Crystal Point Condominium and shall be numerically equivalent to
such undivided interest. The total votes which the Declarant shall be entitled to
cast may be cast in such proportion on any matter as Declarant may determine.
Each Class B membership shall cease and be converted to class A membership,
without further act or deed, upon the happening of any of the following events:
(a) Upon the conveyance by Declarant of any particular Unit to
an Owner, other than in connection with an assignment by Declarant of all
or substantially all of its rights under this Declaration (including a pledge
or assignment by Declarant to any lender as security), with respect to the
particular Unit or Units so sold or otherwise disposed of; or
(b) With respect to all remaining Class B memberships, upon
the first to occur of the following:
6
20150805794
(i) Upon the expiration of ninety (90) days following
the first date when the total votes entitled to be cast by the Class A
membership equal or exceed the total votes entitled to be cast by
the Class B membership, or
(ii) Three (3) years after the conveyance of the first
Unit to an Owner other than Declarant.
If any lender to whom Declarant has assigned, or hereafter assigns, as security all or substantially
all of its rights under this Declaration succeeds to the interest of Declarant by virtue of said
assignment, the Class B memberships shall not be terminated thereby, and, subject to the
provisions of A.R.S. § 33-1244(D), such lender shall hold such rights and Class B memberships
on the same terms as such were held by Declarant pursuant hereto.
4.2 Qualifications of Directors. Each director shall be an Owner or the spouse
of an Owner ( or if an Owner is a corporation, partnership or trust, a director may be an officer,
partner or beneficiary of such Owner). If a director shall cease to meet such qualifications during
his term, he will thereupon cease to be a director, and his place on the Board shall be deemed
vacant. The requirements of this subparagraph shall not apply to directors elected as a result of
any of the votes cast by the Class B member or the exercise of any Special Declarant Right as set
forth in paragraph 19 hereof.
4.3 Board's Determinationu~fficial D;cument Subject to the right of any Owner to
institute an action at law or in equity pursuant to the provisions of paragraph 24 hereof, in the
event of any dispute or disagreement between any Owners relating to the Condominium, or any
question of interpretation or application of the provisions of this Declaration, the Articles or the
Bylaws, the determination thereof by the Board shall be final and binding on each and all of such
Owners.
4.4 Action by Owners. To the extent permitted by the Act, all actions
required to be taken by the Owners, acting as a Unit Owners Association for the Condominium,
shall be taken by the Association acting as such Unit Owners Association, by and through its
directors and officers, such actions to include, without limitation, adoption or ratification of the
Bylaws and rules and regulations for the Condominium created hereby.
4.5 Additional Provisions in Articles of Incorporation and Bylaws of the
Association. The Articles and Bylaws may contain any provision not inconsistent with law or
with this Declaration relating to the conduct of the affairs of the Association and the rights and
powers of its directors, officers, employees, agents and members.
5. Use of Common Elements. There shall be appurtenant to each Unit in Crystal
Point Condominium a non-exclusive and perpetual right and easement to use the Common
Elements in common with all other persons entitled to use the Common Elements except as
otherwise provided in paragraph 3 .3 hereof, as may be required for the purposes of access,
ingress and egress to and from, and the use, occupancy and enjoyment of the Units and the
7
20150805794
Common Elements for their intended purposes as provided herein. Such right and easement shall
extend to each Occupant and the agents, servants, family members and invitees of the Owner or
Occupant of each Unit in Crystal Point Condominium. Such right and easement shall be subject
to such limitations, restrictions, rules and regulations as may from time to time be promulgated
by the Board including, but not limited to, the right of the Board to suspend the right of any Unit
Owner or Occupant and the agents, servants, tenants, family members and invitees of any Unit
Owner or Occupant to use the recreational facilities which are a part of the Common Elements
and/or the right of any Unit Owner to vote pursuant to the provisions of paragraph 4.1 hereof for
any period during which the Common Expenses attributable to such Owner's Unit as provided in
paragraph 7 hereof remain unpaid or for a period not to exceed sixty (60) days for any violation
of regulations adopted and published by the Board, and shall be subject to and governed by the
provisions of this Declaration, the Articles and Bylaws. The Board shall have authority to lease,
convey easements or grant concessions consistent with the overall character and use of the
Condominium with respect to parts of the Common Elements and to change the character,
description and use thereof, subject to the provisions of the Act, this Declaration, the Articles and
the Bylaws. Any funds received by the Association from leases, concessions or other sources
shall be held and used for the benefit of the members of the Association pursuant to such rules,
resolutions or regulations as the Board may adopt or prescribe. Notwithstanding anything
contained herein to the contrary, Declarant shall be entitled to exclusive access to and occupancy
of all or any portion of any Unit until such time as the construction thereof has been completed
and the particular Unit has been conveyed to an Owner by Declarant, and Declarant shall be
entitled to nonexclusive access to and occupancy of all or any portion of the Common Elements
until such time as all Units have been conveyed to Owners by Declarant. Notwithstanding
anything contained herein to the contrary, the1uc2°1'.!i.~~;,,;~"~ no restriction upon any Owner's right of
ingress and egress to or from such Owner's Unit, which right shall be perpetual and appurtenant
to the ownership of such Owner's Unit.
6. Parking Spaces. Parking Spaces shall be part the Common Elements as shown on
the Plat attached hereto as Exhibit "B" and the Board shall have full authority establish, operate,
and manage the Parking Spaces for and on behalf of all Owners, and the use thereof shall be
subject to such rules and regulations as may be imposed by the Board. Certain of the Owner's
Parking Spaces shall be Limited Common Elements allocated to each Unit and are more
specifically designated on the Plat attached hereto as Exhibit "B".
7. Common Element Maintenance Expenses and Reserve. Pursuant to A.R.S. § 33-
1243(C), the Board is hereby expressly authorized to adopt and amend budgets for the
administration and operation of the Common Elements without ratification by the Owners,
subject to the provisions of this paragraph, and shall, within thirty (30) days after adoption of any
proposed budget for the Condominium, provide a summary of the budget to all the Unit Owners.
As provided herein, each Owner shall pay his proportionate share of the expenses of the
administration and operation of the Common Elements, except portions of the Limited Common
Elements, of Crystal Point Condominium and any other expenses incurred in conformance with
this Declaration, the Articles and the Bylaws including by way of illustration, but not of
limitation, premiums for insurance, the cost of maintenance and repair of the Common Elements
and any and all replacements and additions thereto, and reasonable reserves for contingencies,
replacements or other proper purposes (hereinafter referred to as the "Common Expenses"). The
8
20150805794
Association shall maintain an adequate reserve for replacement of the Common Elements. The
proportionate share of such Common Expenses payable by each Owner shall be equal to the
proportionate interest in the Common Elements appurtenant to such Owner's Unit as provided in
paragraph 3.5 hereof.
7.1 Payment of Common Expenses. Payment of the Common Expenses shall
be payable monthly in such amounts and in such manner as may be provided in the Articles and
Bylaws or as determined by the Board. Assessments for the Common Expenses shall commence
upon the first day of the first month immediately following the conveyance of such Unit to a
Unit Owner other than Declarant. Payment of each Owner's share of the Common Expenses,
together with interest at the rate of four percent (4%) per annum in excess of the prime rate of
interest announced by The Valley National Bank of Arizona as the same may fluctuate on a daily
basis from the due date of such payment, costs, reasonable attorneys' fees, and after notice and
an opportunity to be heard, a late charge equal to twenty five percent (25%) of the amount of
such payment as determined by the Board, shall constitute the personal obligation of the person
who was the Owner of such Unit at the time such payment became due. The personal obligation
for delinquent payments shall not pass to an Owner's successor in title unless expressly assumed
by him, provided, however, that the personal obligation shall survive any voluntary or
involuntary transfer of a Unit with respect to the Owner of the Unit at the time such payment
became due.
7.2 Lien for Unpaid Common Expenses. If any Owner shall fail or refuse to
make any payment for Common Expenses within thirty (30) days of the due date, the amount
thereof, together with interest thereon at the rn".?!ti'i~fc,;~•~!- percent (4%) per annum in excess of the
prime rate of interest announced by Bank One Arizona or any successor bank, or if no such
successor shall exist, Bank of America, N.A. as the same may fluctuate on a daily basis from the
due date of such payment, a late charge equal to twenty five percent (25%) of the amount of such
payment as determined by the Board which may be imposed only after notice to such Unit
Owner and after such Unit Owner's having an opportunity to be heard by the Board, costs and
reasonable attorneys' fees, shall constitute a lien on such Owner's Unit and on any rents and
proceeds therefrom; provided, however, that such lien shall be subordinate to the lien of a
recorded First Mortgage on the applicable Unit, acquired in good faith and for value, except for
the amount of the unpaid assessments and other charges which accrue from and after the date on
which the First Mortgagee acquires title to or comes into possession of the applicable Unit, and
any lien for unpaid assessments and other charges prior to such date shall upon such date
automatically terminate and be extinguished and such First Mortgagee shall not be liable for such
unpaid assessments and other charges, provided, however, that the extinguishment of such lien
shall not in any way affect the personal obligation of the Owner of the Unit at the time the
payment giving rise to such lien became due. Any person acquiring an interest in any Unit shall
upon giving written notice to the Board be entitled to a statement from the Association setting
forth the amount of unpaid assessments and other charges, if any, and such person shall not be
liable for, nor shall any lien attach to such Unit in excess of, the amount set forth in such
statement, except for assessments and other charges which accrue or become due after the date
thereof. The lien provided for in this paragraph may be foreclosed by the Association in any
manner provided or permitted for the foreclosure of real property mortgages or deeds of trust in
the State of Arizona.
9
20150805794
Until commencement of the first fiscal year of the Association immediately following the
conveyance of the first Unit to an Owner, the maximum monthly payment for such Common
Expenses payable by each Owner shall be in such amount as determined by the Board prior to
such first conveyance. Upon the commencement of the first fiscal year immediately following
the conveyance of the first Unit to an Owner and at the commencement of each and every fiscal
year thereafter, the Board may increase the maximum monthly payment for the Common
Expenses payable by each Owner by up to fifteen percent (15%) of the maximum monthly
payment for the Common Expenses payable by each Owner for the immediately preceding fiscal
year of the association. Notwithstanding anything contained herein to the contrary, from and
after the commencement of the first fiscal year immediately following the conveyance of the first
Unit to an Owner, the maximum monthly assessment may be increased above that established by
the fifteen percent (15%) increase provided that such increase shall have the assent of sixty seven
percent (67%) of each Class of Members who are voting in person or by proxy at a meeting
called for such purpose.
7.3 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 comprising a
part of the Common Elements, including fixtures and personal property related thereto, provided
that any such assessment shall have the assent of sixty seven percent ( 67%) of the votes of each
class of members who are voting in person or by proxy at a meeting duly called for such
purpose. Written notice of any meeting calledu1~;.i•1
.~~~mp1
....rpose of taking any action authorized
under this section shall be sent prepaid by mail or hand-delivered to all members not less than
ten (10) days nor more than sixty (60) days in advance of the meeting. At the first such meeting
called, the presence of members or of proxies entitled to cast sixty percent ( 60%) of all the votes
of each class of membership shall constitute a quorum. If the required quorum is not present,
another meeting may be called subject to the same notice requirements, and the required quorum
at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding
meeting. No such subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
8. Mortgages. Each Owner shall have the right, subject to the provisions hereof, to
encumber such Owner's Unit with a Mortgage. No Owner shall have the right or authority to
make or create or cause to be made or created any Mortgage, other lien or security interest,
which encumbers or purports to encumber any portion of the Condominium other than such
Owner's Unit, and the interest in the Common Elements appurtenant to such Unit.
9. Insurance Requirements Generally. Prior to the conveyance of the first Unit to an
Owner other than Declarant, and at all times thereafter, the Association shall obtain and maintain
in full force and effect certain casualty, liability and other insurance as hereinafter provided. All
such insurance shall be obtained from responsible companies duly authorized to transact
insurance business in the State of Arizona with no less than a Class X financial category rating in
Best's Key Rating Guide (or any comparable rating in any comparable publication). All such
insurance shall name the Association or its authorized representative or trustee as the insured, in
10
20150805794
its individual capacity for the benefit of the Owners and also either as attorney-in-fact or trustee
for all Owners. The Board shall review all such insurance at least annually and shall increase the
amounts thereof as it deems necessary or appropriate. All such insurance shall:
(1) Contain a special condominium endorsement providing for a waiver of
subrogation by the insurer as to claims against the Association, its directors, officers, employees
and agents and against each Owner and each Owner's employees, agents and invitees, and
against each Mortgagee of all or any part of the Condominium or of any Unit, and any other
person for whom the Association, any Owner or Mortgagee may be responsible and shall provide
for recognition of any authorized representative or trustee of the Association, if applicable;
(2) Provide that any "no other insurance" clause in the insurance policy shall
exclude any policies of insurance maintained by any Owner or Mortgagee of all or any part of
the Condominium or any Unit and that the insurance policy shall not be brought into contribution
with insurance maintained by the Owner or Mortgagee of all or any part of the Condominium or
any Unit;
(3) Contain a standard without contribution mortgage clause endorsement in
favor of the Mortgagee, its successors and assigns, of any Unit or all or any part of the
Condominium;
(4) Contain an "agreed amount" and "inflation guard" endorsement, if
available; Unofficial Document
(5) Provide that the policy of insurance shall not be terminated, cancelled or
reduced in coverage without at least thirty (30) days prior written notice to the Association and to
each Owner and to each Mortgagee covered by any standard mortgage clause endorsement;
( 6) Provide that the insurer shall not have the option to restore the premises if
condominium ownership of the Units and Common Elements is to be terminated or the Units and
Common Elements are to be sold as an entirety in accordance with paragraph 10 of this
Declaration; and
(7) Contain a "severability of interest endorsement" which shall preclude the
insurer from denying the claim of any Unit Owner or the Association due to the negligent acts of
the Association or any Owner(s).
Under no circumstances shall any policies of insurance be obtained where (i) under the
terms of the insurance carrier's charter, bylaws or policy, contributions or assessments may be
made against the Association, any Unit Owner or any Mortgagee; or (ii) under the terms of the
insurance carrier's charter, bylaws or policy, loss payments are contingent upon action by the
insurance carrier's board of directors, policy holders or members; or (iii) the policy includes any
limiting clauses ( other than insurance conditions) which could prevent any Unit Owner or any
Mortgagee from collecting insurance proceeds.
11
20150805794
Such public liability and property damage insurance may provide for coverage of any
cross liability claims of Owners against the Association or other Owners and of the Association
against Owners without right of subrogation. Any insurance policy may contain such deductible
provisions as the Association deems consistent with good business practice.
Certificates of insurance coverage or copies of insurance policies shall be issued to and at
the expense of each Owner and each Mortgagee who makes or on whose behalf written request is
made to the Association for any such certificate or copy.
The cost and expense of all insurance obtained by the Association, except insurance
covering additions, alterations or improvements made to a Unit by an Owner or other insurance
obtained at the request of and specifically benefiting any particular Owner, shall be a Common
Expense.
9.1 Casualty Insurance. The Association shall obtain and maintain a master
policy or policies of casualty insurance covering the Common Elements and each Unit, exclusive
of the personal property contained therein, and all fixtures and building service equipment to the
extent such is a part of the Common Elements insuring against loss or damage by fire and such
other hazards as are covered under standard extended coverage policies, for not less than one
hundred percent (100%) of the replacement cost of the Common Elements and each Unit
( exclusive of the land, foundations, excavations and other items normally excluded from
coverage), as determined on an annual basis by an appraisal made in accordance with the rules
and regulations of the Board of Underwriters or like board or body recognized and accepted by
the insurance company or companies issuing ~utl:1 °i'Ei~lilance and a National Flood Insurance
Association Standard Flood fusurance Policy, unless such insurance is not available or the
Association determines that the Condominium is not located within a flood hazard area. Such
master policy or policies of casualty insurance shall, to the extent available, contain a standard
all risk endorsement and shall insure against all other perils which are customarily covered with
respect to condominium projects which are similar in construction, location and use.
9.2 Public Liability and Property Damage fusurance. The Association shall
obtain and maintain comprehensive public liability and property damage insurance covering
liability for bodily injury, including death, and liability for property damage occurring in, upon
or about the Common Elements. Each Owner and the Association shall be insured with respect to
such liability arising out of the ownership, maintenance, repair or operation of the Units and the
Common Elements. The limits ofliability for such coverage shall not be less than $1,000,000.00
for each occurrence with respect to bodily injury, death or property damage. The Association
shall also obtain and maintain steam boiler explosion insurance with limits of liability of not less
than $100,000.00 per occurrence in the event there is a steam boiler in operation within the
Condominium.
9.3 Workmen's Compensation and Employer's Liability Insurance. The
Association shall obtain and maintain workmen's compensation and employer's liability
insurance as may be necessary to comply with applicable law.
12
20150805794
9 .4 Fidelity Bonds. The Association shall obtain and maintain bonds covering
all persons or entities which handle funds of the Association, including without limitation any
professional manager employed by the Association and any of such professional manager's
employees, in amounts not less than the maximum funds that will at any time be in the
possession of the Association or any professional manager employed by the Association but. in
no event less than the total of (i) assessments for a three (3) month period with respect to all
Units and (ii) all reserve funds maintained by the Association. With the exception of a fidelity
bond obtained by a professional manager covering such professional manager's employees, all
fidelity bonds shall name the Association as an obligee. In addition, all such bonds shall provide
that the same shall not be terminated, cancelled or substantially modified without at least thirty
(30) days prior written notice to the Association and all First Mortgagees.
9.5 Insurance by Owners. Each Owner shall be free to obtain such additional
or other insurance as he deems desirable, including insurance covering his furnishings and
personal property, including by way of illustration, but not of limitation, any additions,
alterations and improvements he may have made to his Unit, and covering personal liability of
himself and his employees, agents and invitees and any other persons for whom such Owner may
be responsible. Any insurance policy obtained by an Owner must not diminish or adversely
affect or invalidate any insurance or insurance recovery under policies carried by the Association
and must, to the extent possible, contain a waiver of the rights of subrogation by the insurer as to
any claim against the Association, its officers, directors, agents and employees and against other
Owners and their employees, agents and invitees and against any Mortgagee of all or any part of
the Condominium or any Unit or other person for which the Association or any such Owner or
Mortgagee may be responsible. Unofficial Document
9.6 Receipt and Application of Insurance Proceeds. Except in a case where a
Mortgagee or any other person shall have the legal right to receive insurance proceeds directly,
all insurance proceeds and recoveries under policies maintained by the Association shall be paid
to and received by an independent financial institution or title company selected by the
Association authorized to act as escrow agent for the benefit of the Association, the Declarant,
all Owners and all Mortgagees of any Unit or all or any part of the Condominium as their
respective interests may appear. Subject to the rights of any Mortgagee, the Association shall
have the right, acting alone, to adjust or settle any claim by it under any insurance maintained by
it. Such funds shall be disbursed by said escrow agent in accordance with the following
priorities, subject to such evidence of application as such escrow agent shall require, and shall be
applied by the Association as follows: first, as expressly provided in paragraph 11 hereof;
second, to the Owners or persons whom the Association determines are legally or equitably
entitled thereto; and third, the balance, if any, to the Owners in proportion to their respective
interest in the Common Elements. Notwithstanding any provision contained herein to the
contrary, the rights of and lien priority of any First Mortgagee shall not be affected by any loss,
damage or destruction and shall continue in any insurance proceeds payable with respect to the
Unit subject to such Mortgage in accordance with the provisions of such Mortgage.
9. 7 Other Insurance by the Association. The Association shall also have the
power and authority to obtain and maintain other and additional insurance coverage, including
but not limited to casualty insurance covering personal property of the Association, fidelity
13
20150805794
bonds or insurance covering employees and agents of the Association and insurance
indemnifying officers, directors, employees and agents of the Association. Notwithstanding any
other provisions of this Declaration, the Association shall continuously maintain in effect such
casualty, flood and liability insurance and fidelity bonds meeting the insurance and fidelity bond
requirements for condominium projects established by Federal National Mortgage Association or
Government National Mortgage Association, so long as either is a Mortgagee or Owner of a
Unit, except to the extent that such coverage is not available or has been waived in writing by
Federal National Mortgage Association or Government National Mortgage Association.
10. Destruction. Condemnation. Obsolescence. and Restoration or Sale of
Condominium.
definitions:
10.1 Definition. As used herein, the following terms shall have the following
(1) "Substantial Destruction" shall exist whenever the Board
determines that, as a result of any casualty, damage to or destruction of the
Condominium or any part thereof, the excess of estimated costs of Restoration (as
herein defined) over Available Funds (as herein defined) is fifty percent (50%) or
more of the estimated Restored Value of the Condominium (as herein defined).
"Partial Destruction" shall mean any other casualty, damage to or destruction of
the Condominium or any part thereof.
(2) "Substantial Co~r:.~~1£.IT~~~tvns" shall exist whenever the Board
determines that a complete taking of the Condominium has occurred or that a
taking of part of the Condominium by condemnation or eminent domain or by
grant or conveyance in lieu of condemnation or eminent domain has occurred, and
that the excess of the estimated costs of Restoration over Available Funds is fifty
percent (50%) or more of the estimated Restored Value of the Condominium.
"Partial Condemnation" shall mean any other such taking by eminent domain or
by grant or conveyance in lieu of eminent domain.
(3) "Substantial Obsolescence" shall exist whenever the Owners of
Units to which eighty percent (80%) of the undivided interest in the Common
Elements is appurtenant determine by vote that the Condominium or any part
thereof has reached an undesirable state of obsolescence or disrepair. "Partial
Obsolescence" shall mean any state of obsolescence or disrepair which does not
constitute Substantial Obsolescence.
(4) "Restoration", in the case of any casualty, damage or destruction,
shall mean restoration of the Condominium to a condition the same or
substantially the same as the condition in which the Condominium existed prior to
the casualty, damage or destruction; in the case of condemnation, shall mean
restoration of the remaining portion of the Condominium to an attractive, sound
and desirable condition; and, in the case of obsolescence, shall mean restoration
of the Condominium to an attractive, sound and desirable condition.
14
20150805794
(5) "Restored Value of the Condominium" shall mean the value of the
Condominium after restoration as determined by the Board.
( 6) "Available Funds" shall mean any proceeds of insurance or
condemnation awards or payments in lieu of condemnation received by the
Association and any uncommitted reserves of the Association other than amounts
derived through assessments or special assessments. Available Funds shall not
include that portion of insurance proceeds or condemnation awards or payments
in lieu of condemnation legally required to be paid to any party other than the
Association, including a Mortgagee of all or any part of the Condominium or of
any Unit, or that portion of any condemnation award or payment in lieu of
condemnation paid to the Owner of a Unit for the condemnation or taking of that
Owner's individual air space.
10.2 Restoration of the Condominium. Restoration of the Condominium shall
be undertaken by the Association without a vote of the Owners in the event of Partial
Destruction, Partial Condemnation or Partial Obsolescence and shall be undertaken in the event
of Substantial Destruction, Substantial Condemnation or Substantial Obsolescence unless the
Owners of Units to which eighty percent (80%) of the undivided interest in the Common
Elements is appurtenant consent to terminate the Condominium established pursuant to this
Declaration. Such restoration shall be performed substantially in accordance with this
Declaration and the original plans and specifications for the buildings, the Common Elements
and the Units. Unofficial Document
10.3 Sale of the Condominium. In the event of Substantial Destruction,
Substantial Condemnation or Substantial Obsolescence and the Owners of Units to which eighty
percent (80%) of the undivided interest in the Common Elements is appurtenant consent to
terminate the Condominium created pursuant to this Declaration, the Association shall cause a
termination agreement and notice of intent to sell the Condominium to be prepared and recorded
and the real estate shall be sold. Such termination agreement shall contain the ratification of the
Owners to which eighty percent (80%) of the undivided interest in the Common Elements is
appurtenant, shall specify a date after which the agreement will be void unless it is recorded
before that date, a statement that the real estate shall be sold and the minimum terms of the sale.
In the event of such sale, condominium ownership under this Declaration shall terminate and the
proceeds of sale and any insurance proceeds, condemnation awards or payments in lieu of
condemnation shall be distributed by the Association pro rata to each Owner according to the
ratio that the cubic content space of such Owner's Unit and its allocated Limited Common
Elements bears to the total cubic content space of all Units and Limited Common Elements in the
Condominium created pursuant to this Declaration. Such payment shall be made to Owners or, as
to Units which are subject to a Mortgage of record at the time of such payment jointly to such
Owner and such Mortgagee as their interests may appear.
10.4 Special Assessments for Restoration. Whenever Restoration is to be
undertaken, the Association may levy and collect assessments from each Owner in proportion to
such Owner's undivided interest in the Common Elements, payable over such period as the
15
20150805794
Association may determine, to cover the costs and expenses of Restoration to the extent not
covered by the Available Funds. Such special assessments together with interest at the rate of
twelve percent (12%) per annum from the date such special assessment became due, costs and
reasonable attorneys' fees, shall be secured by a lien on the Unit of each such Owner in the same
manner as the lien provided for in paragraph 7 hereof.
10. 5 Receipt and Application of Condemnation Funds. Except in a case where
a mortgagee or any other person shall have the legal right to receive condemnation awards or
payments in lieu of condemnation or eminent domain directly, all compensation, damages or
other proceeds constituting awards for condemnation or eminent domain or payments in lieu of
condemnation or eminent domain shall be paid, or if received by the Association shall be turned
over promptly in the identical form received without commingling with any asset or property of
the Association, to an independent financial institution or title company selected by the
Association authorized to act as escrow agent for the benefit of the Association, the Declarant,
all Owners and all Mortgagees of any Unit or all or any part of the Condominium as their
respective interests may appear. The Association shall have the right, acting alone, to adjust or
settle any condemnation award or payment in lieu of condemnation or eminent domain payable
to it. Such funds shall be disbursed by said escrow agent in accordance with the following
priorities, subject to such evidence of application as such escrow agent shall require. The amount
thereof equitably allocable as compensation for the taking of or injury to the individual air space
of a particular Unit or to Improvements of an Owner therein shall be apportioned and paid to the
Owner of such Unit or, as to Units which are subject to a Mortgage of record at the time of such
payment, jointly to such Owner and such Mortgagee as their interests may appear. The balance
of such funds shall be applied to costs and exr~~ie1
-°"-'"m.;,;'"'.estoration, if undertaken, and, to the
extent not so applied, shall be allocated as follows: first, any portion of such funds allocable to
the taking of or injury to the Common Elements shall be apportioned among all Owners of the
Common Elements according to the ratio that the cubic content space of each Owner's Unit and
its allocated Limited Common Elements bears to the total cubic content space of all Units and
Limited Common Elements in the Condominium created pursuant to this Declaration; secondly,
any portion of such funds received or awarded for severance damages shall be apportioned
among Owners of Units whose individual air space was not taken or injured according to the
foregoing ratio; thirdly, any portion of such funds received or awarded for consequential
damages or for other purposes shall be apportioned as the Association determines to be equitable
under the circumstances. The lien priority of any First Mortgagee shall not be disturbed by any
condemnation proceeding and shall continue in the proceeds of any condemnation award
attributable to the mortgaged Unit in accordance with the provisions of this paragraph.
10.6 Reorganization in the Event of Condemnation. Subject to the provisions of
A.R.S. § 33-1206, in the event all or substantially all of the individual air space within a Unit is
taken by condemnation or eminent domain, such Unit shall, upon payment of compensation as
hereinabove provided, cease to be a part of the Condominium, the Owner thereof shall cease to
be a member of the Association, and the undivided interest in Common Elements appurtenant to
that Unit shall be reallocated to each remaining Unit, which undivided interest in and to the
Common Elements shall be equal to the ratio that the cubic content space of each Unit and its
allocated Limited Common Elements bears to the total cubic content space of all Units and
Limited Common Elements then a part of the Condominium. fu the event the remaining portion
16
20150805794
of a Unit after condemnation or eminent domain is practically and lawfully occupyable by its
Owner and continued use is permitted by this declaration, the Unit, as altered by such taking,
shall remain a part of the Condominium, its Owner shall remain a member of the Association,
and the undivided interest in and to the Common Elements to such Unit and all other Units in the
Condominium shall be reallocated in the foregoing ratio. In either such event, the Association
shall promptly prepare, execute and record an amendment to the Declaration reflecting the
reallocations. Any remnant of a Unit rendered practically or legally unoccupyable after part of a
Unit is taken by condemnation or eminent domain shall become a Common Element.
11. Rights of Owners in any Distributions. In the event that any Owner or Mortgagee
is entitled to receive any distribution of money, property or other things from the Association for
any reason, including without limitation the sale or other disposition of all or any part of the
Common Elements or the cessation or termination for any reason of the Condominium created
hereby, such distribution shall be according to the ratio provided in Paragraph 10.6 hereof,
except as specifically provided to the contrary in paragraph 9 hereof.
12. Maintenance. Repairs and Replacements: Right of Access. Each Owner shall
furnish and be responsible for, at his own expense, all of the maintenance, repairs and
replacements within his own Unit, and portions of the Limited Common Elements allocated to
his Unit, except as hereinafter provided, including, without limitation all doors providing a
means of ingress to and egress from his Unit, except the painting of the corridor side of the Unit
entry door, all windows located in the exterior walls adjacent to his Unit, the sliding doors
opening onto any balcony or patio to which his Unit has sole access and the floor coverings
thereon, and each Owner shall be responsibleu75'.i"' CT.ic'0
~1t!aning of all Limited Common Elements
allocated to his Unit except the parking spaces and exterior windows. If, due to the willful or
negligent act of an Owner or a member of his family or guest or other occupant or visitor of such
Owner, or other person for whom such Owner may be responsible, damage shall be caused to the
Common Elements or to a Unit or Units owned by others or maintenance, repairs or
replacements shall be required which would otherwise be a Common Expense, then such Owner,
if liable for such damage under local law, upon receipt of a statement from the Board shall pay
for such damage and for such maintenance, repairs or replacements as may be determined by the
Board. The amount payable for such maintenance, repairs or replacements, together with interest
at the rate of four percent (4%) per annum in excess of the prime rate of interest announced by
The Valley National Bank of Arizona as the same may fluctuate on a daily basis from the date
such amount is due, costs and attorneys' fees, shall be secured by a lien against the Unit of such
Owner as provided in paragraph 7 hereof. An authorized representative of the Board, or of the
manager or managing agent of the Condominium, and all contractors and repairmen employed or
engaged by the Board or such manager or managing agent, shall be entitled to access at any time
to each of the Units as may be required in connection with maintenance, repairs or replacements
of or to the Common Elements or any equipment, facilities or fixtures affecting or serving other
Units or the Common Elements.
The Association shall maintain, repair and replace portions of the Limited Common
Elements including the surface of the corridor side of all Unit entry doors and the exterior
painted surface of each patio or balcony which forms an integral part of the exterior decor of the
building and shall be responsible for the cleaning of all windows exterior to each Unit and all
17
20150805794
Parking Spaces and shall maintain, repair and replace all the Common Elements, including
without limitation, the following:
(a) the complete building structure, including interior load bearing walls, but
excluding with respect to interior load bearing walls only reasonable wear and tear, shifting and
cracking due to settlement, shrinkage, expansion and contraction, and excluding interior
partitions in individual Units;
(b) the complete plumbing system, excluding fixtures, pipes, traps and other
plumbing components located within and serving individual Units unless the same serve more
than one (1) Unit, or the Common Elements;
( c) the complete building heating system, excluding thermostats located
within and servicing individual Units;
( d) the complete building air conditioning system, excluding fan coil units and
valves located within individual Units for the purpose of air conditioning such Units;
( e) the complete electrical system, excluding separate meters serving
individual Units, and fixtures and wiring located within and serving individual Units unless the
same serve more than one (1) Unit, or the Common Elements;
(f) the kitchen, bathroom or other exhausting system or systems (including
duct work) for the building, excluding exhau~1.0
!i'.m~:mgl1ds and duct work located within and
serving individual Units unless the same serve more than one (1) Unit, or the Common Elements;
(g) the cable television system and wiring therefor, excluding wiring and
components located within and serving individual Units unless the same serve more than one (1)
Unit, or the Common Elements;
(h) the complete project intercom security system excluding components and
wiring located within and serving individual Units unless the same serve more than one (1) Unit,
or the Common Elements.
13. Alterations, Additions or Improvements. Notwithstanding anything contained in
paragraph 18 hereof to the contrary, no alterations of any Common Elements or any additions or
improvements thereto or any alterations, additions or improvements to the patios, balconies or
Parking Spaces associated with any Unit shall be made by any Owner, except Declarant, without
the prior written approval of the Board. Any Owner may make non-structural alterations,
additions or improvements within the interior of his Unit, except any part of the plumbing or
electrical system, without the prior written approval of the Board, but such Owner shall be
responsible for any damage to any other Units or the Common Elements which may result from
such alteration, addition or improvement. In addition to the required approval of the Board, there
shall be no structural alterations or additions to any building without the prior approval of a
majority of the Owners given at a regular or special meeting of the members of the Association
and the prior approval of a majority of First Mortgagees. Unless otherwise determined at any
18
20150805794
such meeting, the cost of such alterations or additions shall be paid by means of a special
assessment levied and collected from each Owner in proportion to such Owner's undivided
interests in the Common Elements. Such special assessment together with interest at the rate of
four percent ( 4%) per annum in excess of the prime rate of interest announced by The Valley
National Bank of Arizona as the same may fluctuate on a daily basis, from the date such special
assessment became due, costs, reasonable attorneys' fees, and, after notice and an opportunity to
be heard, a late charge equal to twenty five percent (25%) of the amount of such assessment as
determined by the Board, shall be secured by a lien against each Unit as provided in paragraph 7
hereof.
14. Decorating. Each Owner, at his own expense, shall furnish and be responsible for
all of the decorating within his own Unit (but any furnishing or decorating of any patio or
balcony shall be subject to the provisions of paragraph 18 hereof) from time to time, including
painting, wallpapering, paneling, floor coverings, draperies, window shades, curtains, lamps and
other furniture and interior decorating. All window coverings visible from the exterior of the
buildings shall be of a neutral color or otherwise compatible with the exterior decor of the
building. Each Owner shall be entitled to the exclusive use of the interior unfinished surfaces of
the walls, floors and ceilings within his Unit, and each Owner shall have the right to decorate
such surfaces from time to time as he may see fit at his sole expense. Decorating and
maintenance of the Common Elements and any redecorating of Units to the extent made
necessary by any damage caused by maintenance, repair or restoration work by the Association
on the Common Elements shall be furnished by the Association and paid for as part of the
Common Expenses. Unofficial Document
15. Encroachments. If any portion of the Common Elements shall actually encroach
upon any Unit, or if any Unit shall actually encroach upon any portion of the Common Elements,
or if any Unit or entryway providing ingress and egress thereto or therefrom shall actually
encroach upon another Unit or entryway, as the Common Elements and the Units are shown on
the Plat attached hereto as Exhibit "B" or any subsequent Plat of the Condominium prepared
pursuant to any development right set forth in paragraph 34 hereof whether such encroachment
results from the initial construction or from subsequent repair, reconstruction, settlement or
shifting, there shall be deemed to be mutual easements in favor of the Owners of the Common
Elements and the respective Owners involved to the extent of such encroachment so long as the
same shall exist provided, however, that no such easement shall result from any alteration,
addition or improvement made by an Owner, except Declarant, without the prior written
approval of the Board. The Association shall at all times have the right to maintain any Common
Elements now existing or hereafter constructed, regardless of any encroachment now or hereafter
existing of any such Common Elements upon any Unit.
16. Purchase of Unit by Association. Upon the consent or approval of a majority of
Owners present and voting at a general or special meeting of the members of the Association or
in such other manner as may be deemed by the Board to be necessary or expedient, the Board
shall have the power and authority to bid for and purchase any Unit at a sale pursuant to a
mortgage foreclosure, trustee's sale under a trust deed, or a foreclosure of any lien for
assessments or other charges provided for in this Declaration, or at a sale pursuant to an order or
direction of a court, or other involuntary sale, and the Board shall have the power and authority
19
20150805794
to finance such purchase of a Unit by Mortgage, special assessment or any other financing
arrangement that the Board may deem necessary or expedient.
17. Use and Occupancy Restrictions. No part of the Condominium shall be used for
other than residential purposes and the related common purposes for which the Condominium
was designed, except that Declarant shall have the right to maintain sales and any other offices,
model units, and signs on the Condominium, together with rights of ingress and egress
therefrom, and to do such other acts and maintain such other facilities as are incidental to the
development and sale of the Units now or hereafter existing in the Condominium created hereby.
No Owner shall permit his Unit to be used for transient or hotel purposes or shall enter into any
Lease for less than the entire Unit or for a term of less than thirty (30) days. Any Lease for any
Unit shall be in writing, shall in all respects be subject to and in compliance with the provisions
of this Declaration, the Articles and Bylaws and shall expressly provide that a violation of any
such provisions shall be a default under such Lease, and a copy of any such Lease shall be
delivered to the Association prior to the commencement of the term of such Lease. Each Unit
shall be used as a single family residence or for such other purposes as are permitted by this
Declaration and for no other purpose. The foregoing restrictions shall not, however, be construed
in any manner as to prohibit an Owner from maintaining his personal and/or a reasonable
professional library therein and keeping his personal business records therein.
The Maid's Quarters Units shall be used only for housing of maids, servants and/or other
employees of the respective Owners thereof, and shall not, in any event, be used for any social
events of such Owner(s) or any other purpose. Unofficial Document
The Common Elements shall be used only for access, ingress and egress to and from the
respective Units by the Owners thereof, their agents, servants, tenants, family members,
licensees and invitees and for such other purposes as are incidental to the residential use of the
Units. The use, maintenance and operation of the Common Elements shall not be obstructed,
damaged or unreasonably interfered with by any Owner.
No Owner shall keep or maintain any thing or shall suffer any condition to exist in his
Unit or cause any other condition on the Common Elements which impairs any easement or right
of any other Owner or otherwise impairs or interferes with the use and enjoyment by other
Owners of their Units and the Common Elements. Subject to the foregoing, commonly accepted
household pets not exceeding a mature weight of twenty (20) pounds may be kept in a Unit, but
no such pets shall be bred or allowed loose or unsupervised on any part of the Condominium.
Walking of pets shall be prohibited except at such times and subject to such rules, regulations
and fines as the Board may from time to time establish.
If the Board determines that any motor vehicle is creating loud or annoying noises by
virtue of its operation within the Condominium, or that the parking or storage of any vehicle or
trailer on the Condominium is unsightly or detracts from the overall character of the
Condominium, such determination shall be conclusive and final that the operation or storage of
such vehicle is a nuisance, and said operation, upon notice by the Board to the owner or operator
thereof, shall be prohibited within the Condominium.
20
20150805794
No structure of a temporary character shall be permitted on the Condominium, and no
tent, shack, barn or trailer shall be permitted on the Condominium either temporarily or
pennanently, unless it is located thereon by or with the prior written consent of the Board.
No sign of any nature whatsoever shall be displayed or placed on any Unit, in any
window or on any part of the Common Elements. No "For Sale" or "For Rent" signs of any
nature whatsoever shall be permitted on any part of the Condominium, and no other signs or
graphics shall be pennitted on any patio or balcony or on any of the Common Elements. The
provisions of this paragraph relating to signs shall not apply to the Declarant until the last Unit
owned by Declarant in Crystal Point Condominium has been sold.
Except as initially installed by Declarant, no spotlights, flood lights or other high
intensity lighting shall be placed or utilized upon any building, structure, patio or balcony which
in any manner will allow light to be directed or reflected on the Common Elements or any part
thereof without the prior written consent of the Board.
No window air conditioners or portable units of any kind shall be installed in the
building.
Enclosures, shades, screens or other items affecting the exterior appearance of any patio
or balcony shall not be permitted without the prior written consent of the Board of Directors and
shall be subject at all times to the rules and regulations of the Board and to the provisions of
paragraph 18 hereof. All window coverings visible from the exterior of the buildings shall be of
a neutral color or otherwise compatible with t.'fi~'~ki'.t:l0
1lir decor of such building.
No radio, television or other antennas of any kind or nature shall be placed or maintained
upon any Unit or any other portion of the Condominium except that Declarant shall have the
right to install a master antenna or antennas and to provide access to such antenna to the Units.
No clotheslines shall be installed on any patio or balcony and no Owner shall permit any
personal property other than patio furniture and barbeques to be stored on any patio or balcony
which exceeds two feet four inches in height nor shall any draperies, blankets or plant boxes be
hung on the railings of any balcony.
Without limiting the foregoing, each Owner shall maintain and keep his Unit at all times
in a safe, sound and sanitary condition and shall repair and correct any condition or refrain from
any activity which might interfere with the reasonable enjoyment by other Owners of their
respective Units or of the Common Elements. No Owner shall place or permit any personal
property, garbage, debris or refuse to be placed or to accumulate on any portion of the Common
Elements adjacent to any Unit.
Each Unit Owner shall replace the water heater(s) installed in such Owner's Unit prior to
the expiration of seven (7) years from the date of installation of such water heater(s) and shall
furnish to the Association written evidence thereof in the fonn of a copy of a paid invoice within
thirty (30) days of the date of replacement, The Association shall maintain a replacement
schedule listing the installation date for all water heater(s) installed in Units in the
21
20150805794
Condominium. In the event an Owner fails to replace a water heater(s) as required hereby, the
Association, upon the expiration of thirty (30) days after written notice to such Owner, shall have
the right, but not the obligation to replace such water heater(s), in which event the Owner shall
reimburse the Association all costs incurred in making such replacement, together with an
amount equal to twenty percent (20%) of such costs to compensate the Association for the
extraordinary services rendered beyond its normal maintenance obligations, which amounts shall
be secured by a lien against such Owner's Unit in the same manner as the lien provided in
Paragraph 7 .2 of the Declaration.
Pursuant to the right of entry provided for in paragraph 20 hereof, the Board or its
authorized agents may enter any Unit in which a violation of these restrictions exists upon giving
reasonable notice to the Owner of such Unit and may correct such violation at the expense of the
Owner of such Unit. Such expense shall be secured by a lien against such Unit in the same
manner and with the same interest rate as the lien provided for in paragraph 7 hereof.
The Association may modify the foregoing restrictions or otherwise restrict and regulate
the use and occupancy of the Condominium by reasonable rules and regulations of general
application adopted by the Board from time to time.
18. Architectural Control. No building, fence, wall, antenna, tower, awning, sign or
other structure of any kind or character shall be constructed, erected, placed or maintained within
the Condominium, nor shall any exterior addition, change or alteration be made thereto or
therein, including without limitation to any exterior wall, patio or balcony, whether or not part of
any Unit, which is visible from the exterior of°~y0
oui1oing, and no additions to, changes in, or
alterations of landscaping, grade or drainage shall be made, until plans and specifications
showing the nature, kind, color, shape, height, materials, location and other physical attributes of
the same shall have been submitted to and approved in writing as to harmony of external design
and location in relation to surrounding structures and topography by the Board or by an
architectural committee appointed by the Board. In the event the Board, or such committee, if
one has been appointed, fails to approve or disapprove such proposal within thirty (30) days after
proper plans and specifications have been received by it, such plans shall be deemed to have
been disapproved. All such plans and specifications shall be delivered for submittal to the
committee at the Association's principal place of business. The restrictions contained in this
paragraph shall not apply to the Declarant in any way.
19. Exemption ofDeclarant from Restrictions and Reservation of Special Declarant
Rights. Notwithstanding anything contained in this Declaration to the contrary, none of the
restrictions contained in this Declaration shall be construed or deemed to limit or prohibit any act
of Declarant, its employees, agents, and subcontractors, or parties designated by it in connection
with any construction, completion, sale or leasing of any portion of the Condominium. In
addition to the foregoing, Declarant expressly reserves the following Special Declarant Rights, as
defined in A.R.S. § 33-1202(21) and the right to transfer such rights as provided in A.R.S. § 33-
1244:
1. The right to construct any improvements as provided herein;
22
20150805794
2. The right to exercise any Development Right as more fully set forth in
paragraph 34 hereof;
3. The right to maintain sales offices, management offices, signs advertising
the Condominium and model Units within the Condominium until the last Unit in Crystal Point
Condominium is sold to an Owner other than Declarant;
4. The right to use any easements through the Common Elements for the
purpose of making improvements within Crystal Point Condominium or within any real estate
described on Exhibit "D" attached hereto and incorporated herein by reference;
5. The right to appoint or remove any officer of the Association or any Board
member during any period of Declarant control as provided in paragraph 4 hereof.
20. Entry by Board or its Agent. The Board or its authorized agents may enter any
Unit at any time when any two (2) members of the Board deem it necessary or advisable for the
enforcement of any restriction hereinabove set forth, to effect emergency or other necessary
repairs or otherwise for the protection and preservation of that Unit or other Units provided,
however, that except in the event of an emergency, the Board shall give the Owner of such Unit
reasonable notice prior to such entry. In addition, the Board or its authorized agents may enter
any Unit at any time when any member of the Board or its authorized agent believes in his
discretion that an emergency exists and that such entry is necessary in order to protect any person
or property in such Unit or adjoining Units or for other good cause. If it becomes necessary to
break into a Unit because no key or means of ~cfc~§0
s"'was provided by the Occupant or Owner,
the Association, its directors, officers and agents shall not be liable for any damage done to the
Unit as a result of the exercise of this right of entry. The party exercising this right of entry shall
see that reasonable measures are taken to secure the Unit until either the Occupant or Owner
shall be notified that the Unit has been entered.
21. Roof Leaks and Repairs. The Association shall repair promptly all leaks or other
damage to the roofs of any of the buildings of which the Association has notice in writing,
provided, however, that the cost of repairing leaks or damage due to the willful or negligent act
of an Owner or a member of his family or guest or other occupant or visitor of such Owner or
other person for whom such Owner may be responsible shall be the obligation of such Owner as
provided in paragraph 12 hereof.
22. Public Dedication. Nothing contained in this Declaration shall be deemed to
constitute a dedication for public use or to create any rights in the general public. Nothing
contained in this Declaration shall be construed as creating an obligation on the part of the City
of Phoenix or any other governmental authority having jurisdiction over the Condominium to
maintain, repair or replace any portion of the Condominium or the appurtenances thereto.
23. Copy of Declaration to New Owners. The Board shall give each new Owner of a
Unit a copy of this Declaration and any and all amendments hereto within sixty (60) days notice
of the conveyance of a Unit to such new Owner. However, the failure of the Board to provide
such copy shall not relieve the new Owner from complying with this Declaration nor waive any
23
20150805794
of the rights, conditions or restrictions stated herein or create any liability on the part of the
Association, the Board or their agents.
24. Remedies. In the event that any Owner shall fail to comply with provisions of the
Act, this Declaration, the Articles, the Bylaws, or the rules and regulations of the Association,
the Association shall have each and all of the rights and remedies provided for in the Act, this
Declaration, the Articles, the Bylaws or said rules and regulations, or which may be available at
law or in equity and may prosecute any action or other proceeding against such Owner for
enforcement of such provisions or foreclosure of its lien and the appointment of a receiver for the
Unit, or damages, or injunctive relief, or specific performance, or judgment for payment of
money and collection thereof, or to sell the same as hereinafter provided, or any combination of
such remedies or any other and further relief which may be available at law or in equity, all
without notice and without regard to the value of such Unit or the solvency of such Owner. The
proceeds of any rental or sale shall first be applied to discharge court costs, other litigation costs,
including without limitation reasonable attorneys' fees, and all other expenses of the proceeding
and sale. The remainder of such proceeds shall be applied first to the payment of any unpaid
assessments or other charges and the satisfaction of any other damages, and any balance shall be
held by the Association for the payment of any future assessments or other charges. Upon the
confirmation of the sale, the purchaser of such Unit shall be entitled to a deed to the Unit and to
immediate possession of the Unit and may apply to the court for a writ of possession for the
purpose of acquiring such possession. The purchaser at any such sale shall take the Unit sold
subject to all of the covenants, conditions and restrictions contained in this Declaration. All
expenses of the Association in connection with any such action or proceeding, including court
costs and reasonable attorneys' fees and othelr~e·s0
ana1
expenses and all damages, liquidated or
otherwise, shall be secured by a lien upon the Unit of such defaulting Owner as provided in
paragraph 7 hereof and shall bear interest at the rate of four percent ( 4%) per annum in excess of
the prime rate of interest announced by The Valley National Bank of Arizona as the same may
fluctuate on a daily basis, from the date such were incurred.
In addition to the remedies granted to the Association pursuant to this paragraph 24, in
the event that any Owner or the Association shall fail to comply with the provisions of the Act,
this Declaration, the Articles, the Bylaws, or the rules and regulations of the Association, any
Owner shall have each and all of the rights and remedies provided for in the Act, this
Declaration, the Articles, the Bylaws or said rules and regulations or which may be available at
law or in equity and may prosecute any action or other proceeding against such Owner or the
Association for the enforcement of such provisions, injunctive relief and/or specific
performance.
Notwithstanding any provision of this Declaration to the contrary, any breach of any of
the covenants, conditions, restrictions, reservations and servitudes provided for in this
Declaration, or any right of reentry by reason thereof, shall not defeat or adversely affect the lien
and/or rights of any Mortgagee except as herein expressly provided, each and all of such
covenants, conditions, restrictions, reservations and servitudes shall be binding upon and
effective against any lessee under any Lease or against any Owner of any Unit whose title thereto
is acquired by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise.
24
20150805794
25. Amendment. Except as otherwise provided in this Declaration, the provisions of
this Declaration may be changed, modified or amended by an instrument in writing setting forth
such change, modification or amendment, signed by Owners of units to which not less than
eighty percent (80%) of the undivided ownership of the Common Elements is appurtenant and
acknowledged during the first twenty (20) years from the date ofrecordation of this Declaration
and thereafter signed by Owners of Units to which not less than seventy-five percent (75%) of
the undivided ownership of the Common Elements is appurtenant and acknowledged provided,
however, that so long as any Class B membership remains outstanding, the Declarant shall have
consented in writing to any such change, modification or amendment and provided further, that
fifty-one percent ( 51 % ) of all Eligible Mortgage Holders shall have consented to any change,
modification or amendment which establishes, provides for, governs or regulates any of the
following:
Elements;
the Units;
(1)
(2)
(3)
(4)
Voting;
Assessments, assessment liens or subordination of such liens;
Reserves for maintenance, repair and replacement of the Common
Responsibility for maintenance and repair of the Common Elements and
(5) Subject to the provisions0
of p'aragraphs 10 and 34 and the provisions of the
Act, reallocation of interests in the Common Elements or rights to the use of the Common
Elements;
(6) Boundaries of any Unit;
(7) Subject to the provisions of paragraphs 10 and 34 hereof, convertibility of
Units into Common Elements or of Common Elements into Units;
(8) Subject to the provisions of paragraph 34 and the provisions of the Act,
expansion or contraction of Crystal Point Condominium or the addition, annexation or
withdrawal of property to or from Crystal Point Condominium;
(9) Insurance or fidelity bonds;
(10) Leasing of Units;
(I 1) Imposition of any restrictions on the right of a Unit Owner to sell, transfer,
or otherwise convey such Owner's Unit;
(12) Any decision by the Association to establish self management if
professional management has been previously required by an Eligible Mortgage Holder;
25
20150805794
(13) Restoration or repair of the Condominium after damage, destruction or
condemnation in a manner other than as provided in paragraph 10.2 hereof;
(14) Subject to the provisions of this Declaration and the provisions of the Act,
any action to terminate the Condominium created hereby after substantial destruction or
condemnation occurs;
(15) Any provisions which are for the express benefit of Mortgage Holders,
Eligible Mortgage Holders or Eligible Insurers or Guarantors of First Mortgages on any Unit.
Any Eligible Mortgage Holder who receives a written request to approve any change,
modification or amendment which does not require the consent of fifty-one percent ( 51 % ) of all
Eligible Mortgage Holders and who does not notify the requesting party in the manner provided
in paragraph 26 hereof within thirty (30) days after receipt of such request shall be deemed to
have approved such change, modification or amendment.
Notwithstanding anything contained herein to the contrary, if the Act, this Declaration,
the Articles or the Bylaws require the consent or agreement of the Owners of Units to which a
specified percentage of the undivided interest in the Common Elements is appurtenant and/or
any other persons having any interest in the Condominium, including without limitation, the
Association, for any such amendment or for any action specified in the Act or this Declaration,
then any instrument so amending this Declaration or any provision hereof or providing for such
action shall be signed by the Association and/or the Owners of not less than such specified
percentage. Any such change, modification olaFntiu.rricnt accomplished under any of the
provisions of this paragraph 25 shall be effective upon recording of the instrument providing
therefor signed and acknowledged as provided herein.
26. Notices. Notices provided for in the Act, this Declaration, the Articles or the
Bylaws shall be in writing and shall be mailed postage prepaid if to the Association or the Board
addressed to the address to which payments of assessments are then sent and if to an Owner
addressed to his Unit. The Association or the Board may designate a different address or
addresses to which notices shall be sent from time to time by giving written notice of such
change of address to all Owners. Any Owner may also designate a different address or addresses
to which notices shall be sent by giving written notice of his change of address to the
Association. Notices shall be deemed delivered five (5) days after being deposited properly
addressed in the United States mail, postage prepaid, or immediately upon delivery in person.
Upon written request to the Board, which written request specifies an address to which
notices may be sent, any Mortgagee shall be given a copy of all notices permitted or required by
this Declaration to be given to the Owner or Owners of the Unit subject to the Mortgage held by
such Mortgagee.
27. Severability. If any provision of this Declaration, the Articles, the Bylaws or the
rules and regulations of the Association, or any section, clause, sentence, phrase or word, or the
application thereof in any circumstance, is held invalid by a court of competent jurisdiction, the
validity of the remainder of this Declaration, the Articles, the Bylaws or the rules and regulations
26
20150805794
of the Association, and of the application of any such provision, section, sentence, clause, phrase
or word in any other circumstance shall not be affected thereby, and the remainder of this
Declaration, the Articles, the Bylaws or the rules and regulations, shall remain in full force and
effect as if such invalid part were never included therein, and such invalid part shall be promptly
amended as herein provided or reformed by such court so as to implement the intent thereof to
the maximum extent permitted by law.
28. Perpetuities and Restraints on Alienation. If any of the easements, privileges,
covenants, interests or rights created by this Declaration would otherwise be unlawful, void or
voidable for violation of the rule against perpetuities, then such shall continue in existence until
twenty-one (21) years after the death of the survivor of the now living descendants of the
President of the United States, Ronald W. Reagan, or the Governor of Arizona, Bruce E. Babbitt.
29. Rights and Obligations. Each grantee of Declarant, by the acceptance of a deed of
conveyance, each purchaser under any agreement of sale within the meaning of A.RS. §33-741,
by execution of such agreement for sale and each Mortgagee by the acceptance of any instrument
conveying any interest in the Condominium as security for the performance of an obligation,
accepts the same subject to all restrictions, conditions, covenants, reservations, liens and charges,
and the jurisdiction, rights and powers created or reserved by this Declaration. All rights,
benefits and privileges of every character hereby granted, created, reserved or declared, and all
impositions and obligations hereby imposed, shall be deemed and taken to be covenants running
with the land and equitable servitudes and shall be binding upon and shall inure to the benefit of
any grantee, purchaser or any person having at any time any interest or estate in the
Condominium in like manner as though the pfu~'.i~mns' uf this Declaration were recited and
stipulated at length in each and every deed of conveyance, purchase contract or other instrument
of transfer, and each such grantee shall be entitled to bring, and shall be subject to, an action for
the recovery of damages, or for injunctive relief, or both, resulting from any breach of any such
provisions.
30. Waiver. Any right or remedy provided for in this Declaration shall not be deemed
to have been waived by any act or omission, including without limitation any acceptance of
payment or partial performance or any forebearance, except by an instrument in writing
specifying such right or remedy and executed by the person against whom enforcement of such
waiver is sought.
31. Easements.
31.1 Utility Easements. Notwithstanding any other provisions hereof, there is
hereby created a blanket non-exclusive easement upon, across, over and under the Condominium
( other than the interior of the Units) and the Common Elements for ingress, egress, installation,
replacement, repair and maintenance of all utility and service lines and systems, including by
way of illustration, but not of limitation, water, sewer, gas, telephone, electricity, television cable
and communication lines and systems. By virtue of this easement, it shall be expressly
permissible for the providing utility or service company to install and maintain facilities and
equipment on the Common Elements and to affix and maintain wires, circuits and conduits on, in
and under the roofs and exterior walls of the buildings; provided, that no such utility and service
27
20150805794
line or system may be installed or relocated on the Common Elements except as initially planned
and approved by Declarant or as thereafter approved by the Board. This easement shall in no
way affect any other previously recorded easements which affect the Condominium.
32. Protection for Eligible Mortgage Holders. All Eligible Mortgage Holders and
Eligible Insurers and Guarantors shall be entitled to written notification by the Association upon
the commencement of any eminent domain or condemnation proceedings against all or any part
of the Condominium or of substantial damage to or destruction of any part of the Condominium.
Upon written request, all Eligible Mortgage Holders and Eligible Insurers and Guarantors shall
have the right (i) to examine all books and records of the Association during normal business
hours; and (ii) to receive an audited financial statement of the Association as soon as available
and in any event within ninety (90) days following the end of any fiscal year of the Association;
(iii) to receive written notice of all meetings of the Unit Owners and to designate a representative
to attend all such meetings; (iv) to receive written notice of any default by any Mortgagor in the
performance of any obligation by such Mortgagor under this Declaration or the Articles and
Bylaws of the Association which default is not cured by such Mortgagor within sixty (60) days
of the occurrence of such default; (v) to receive written notice of any lapse, cancellation or
material modification of any insurance policy or fidelity bond maintained by the Association;
and (vi) to receive written notice of any proposed action which would require the consent of
Eligible Mortgage Holders holding Mortgages on Units to which a specified interest in the
Common Elements is appurtenant as set forth in this Declaration. With respect to audited
financial statements furnished pursuant to this paragraph, such statements shall be prepared at the
cost of the Association. Unofficial Document
33. Professional Management Agreement. Any Agreement for professional
management of the Condominium or any contract providing for services to be performed by the
Declarant for the Association shall provide for termination by the Association with or without
cause and without payment of a termination fee or penalty on thirty (30) days written notice, and
no such contract or agreement shall be of a duration in excess of two (2) years, renewable by
agreement of the parties for successive one (1) year periods.
34. Reservation of Development Rights. Declarant hereby expressly reserves the
following Development Rights, as provided in A.RS. § 33-1202(11) and the right to exercise
such Development Rights without the consent of any Mortgagee or any Owner:
1. To add real estate to the Condominium created hereby;
2. To create easements, Units, Common Elements or Limited Common
Elements within any portion of the Condominium created hereby;
3. To subdivide Units, convert Units into Common Elements or convert
Common Elements into Units;
4. To make, by merger agreement or other instrument, this Condominium a
part of an adjacent condominium which may be constructed by Declarant upon all or a portion of
the real estate described on Exhibit "D" attached hereto. Declarant expressly reserves the right to
28
20150805794
create in such merger agreement or other instrument certain reciprocal use and enjoyment,
ingress and egress easements over and across the Common Elements of this Condominium to the
benefit of such adjacent Condominium;
5. To amend this Declaration to comply with applicable law or to correct any
error or inconsistency in this Declaration provided that such amendment does not adversely
affect the rights of any Unit Owner;
6. To amend this Declaration to comply with the rules or guidelines, in effect
from time to time, of any governmental or quasi-governmental entity or Federal corporation
guaranteeing or insuring Mortgage loans or governing transactions involving Mortgage
instruments, which amendment rights shall be exercised, if at all, prior to the expiration of the
maximum period ofDeclarant control as provided in A.R.S. § 33-1243(D).
The Development Rights enumerated as subparagraphs 34.1 through 34.4 hereinabove
shall expire on May 31, 1993, unless sooner relinquished by Declarant.
Unofficial Document
29
20150805794
CERTIFICATION
The President of the Association hereby certifies that, to the best of the Association's ability, the
provisions contained within this Restated Declaration are a true and accurate restatement of the
original Declaration with the incorporation of the two (2) amendments thereto and the correction
of a typo. No alterations or amendments have been made to the Declaration, except for
amendments previously ~ed by the Declarant, Association and/or Members.
DATEDthis_l_dayof ,f/'a V r 2015.
STATE OF ARIZONA
County of Maricopa
)
) ss.
)
, "') ..Bl2 ~ 1} {' 111 ,1 /) n. I\ Unofficial Document S b fi l On tl;lis·...:J""'"-,-,-- day of , un~ z:. , 201 , e ore me personal y
appeared ff 11 l<t> t l) G:.i l ES , whose identity was proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to this document, and who
acknowledged that he/she signed this document.
Notary Seal:
_ ••• - - - -
8 RONALD. FRAKES
Notary Public • Arizona • , Maricopa County
1 My Commlaalon Expfree 1
June 30, 2011
30
20150805794
EXHIBIT A
LEGAL DESCRIPTION
CRYSTAL POINT
PHASE ONE
THAT PART OF LOT 12 OF WHITTON ACRES A SUBDIVISION RECORDED IN BOOK 3,
PAGE 64, MARICOPA COUNTY ARIZONA RECORDS AND A PART OF COUNTRY
CLUB TOWERS A SUBDIVISION RECORDED IN BOOK 239, PAGE 40, MARICOPA
COUNTY ARIZONA RECORDS, DESCRIBED AS FOLLOWS:
FROM THE CENTER OF SECTION 28, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MEASURE THENCE WEST ALONG
THE MID SECTION LINE OF SAID SECTION 28, A DISTANCE OF 737.58 FEET;
THENCE NORTH 00° 09' 39" EAST 45.50 FEET TO THE POINT OF BEGINNING AND A
POINT ON THE SOUTH LINE OF LOT 1 OF THE SAID COUNTRY CLUB TOWERS;
THENCE ALONG THE SOUTH LINE OF THE SAID LOT 1 AS FOLLOWS: WEST 50.55
FEET; THENCE SOUTH 9.50 FEET; THENCE WEST 25.41 FEET; THENCE NORTH 88°
38'20" WEST 168.40 FEET; THENCE WEST 185.70 FEET TO THE SOUTHWEST CORNER
OF THE SAID LOT 1; THENCE LEAVING THE SOUTH LINE OF THE SAID LOT 1
NORTH 00° 09' 39" EAST ALONG THE WEST LINE OF THE SAID LOT 1 AND ALONG
THE WEST LINE OF THE SAID LOT 12, WHITTON ACRES, A DISTANCE OF 260.00
FEET TO A POINT ON THE SOUTH RIGHu1~v1
}
0
.:"vv"h Y LINE OF MITCHELL DRIVE (A
PUBLIC STREET); THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY LINE AS
FOLLOWS: EAST 83.02 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADIUS POINT BEARING SOUTH 20.00 FEET; THENCE SOUTHEASTERLY
16.12 FEET ALONG THE ARC OF THIS CURVE THROUGH 46° 11' 13" OF CENTRAL
ANGLE TO A POINT OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS POINT
BEARING NORTH 46° 11' 13" EAST 45.00 FEET; THENCE EASTERLY 80.45 FEET
ALONG THE ARC OF THIS CURVE THROUGH 102° 26' 17" OF CENTRAL ANGLE;
THENCE LEAVING THE SAID SOUTH RIGHT-OF-WAY LINE OF MITCHELL DRIVE;
EAST 115.00 FEET; THENCE SOUTH 57° 20' 07'' EAST 175.09 FEET; THENCE SOUTH
00° 09' 39" WEST 160.00 FEET TO THE POINT OF BEGINNING.
NOTE: THE ABOVE DESCRIBED PARCEL CONTAINS 103,919 SQUARE FEET OR
2.3857 NET ACRE.
31
20150805794
EXHIBITB
PLAT
An Amended Replat of a Condominium Plat for Crystal Point Condominium Phase I, Recorded
in Book 341 of Maps, at page 38 of the records of the County Recorder of Maricopa County,
Arizona.
Unofficial Document
32
20150805794
EXHIBITC
UNDIVIDED INTEREST IN THE COMMON ELEMENTS
UNIT
lA
1B
lC
lD
lE
lF
2A through 12A, 14A and 15A
2B through 12B, 14B and 15B
2C through 12C, 14C and 15C
2D through 12D, 14D and 15D
16E through 18E
16F through 18F
16G through 18G
19H
191
CUBIC CONTENT
OF UNIT
4,903
4,035
3,993
3,505
4,429
5,246
22,990
26,267
18,905
22,800
24,367
30,732
31,926
42,026
40,446 Unofficial Document
33
INTEREST OF
EACH UNIT
.003159
.002600
.002573
.002258
.002853
.003380
.014812
.016987
.012180
.014689
.015699
.019800
.020565
.027076
.026058
20150805794
EXHIBITD
LEGAL DESCRIPTION
CRYSTAL POINT
PHASE TWO
THAT PART OF LOT 12 OF WHITTON ACRES A SUBDNISION RECORDED IN BOOK 3,
PAGE 64, MARICOPA COUNTY ARIZONA RECORDS AND A PART OF COUNTRY
CLUB TOWERS A SUBDIVISION RECORDED IN BOOK 239, PAGE 40, MARICOPA
COUNTY ARIZONA RECORDS, DESCRIBED AS FOLLOWS:
FROM THE CENTER OF SECTION 28, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE
GILA AND SALT RNER BASE AND MERIDIAN, MEASURE THENCE WEST ALONG
THE MID SECTON LINE OF SAID SECTION 28, A DISTANCE OF 737.58 FEET;
THENCE NORTH 00° 09' 39" EAST 205.50 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 57° 20' 07'' WEST 175.09 FEET; THENCE WEST 115.00 FEET TO A
POINT ON THE WEST LINE OF LOT 1 OF THE SAID COUNTRY CLUB TOWERS, SAID
POINT BEING A POINT ON A CURVE CONCAVE TO THE NORTH AND HAVING A
RADIUS POINT BEARING NORTH 56° 15' 04" WEST 45.00 FEET; THENCE
NORTHERLY 26.51 FEET ALONG THE ARC OF THIS CURVE AND ALONG THE
WESTERLY LINE OF THE SAID LOT 1 A DISTANCE OF 26.51 FEET THROUGH 33° 44'
56" OF CENTRAL ANGLE TO A CORNER OF THE SAID LOT 1; THENCE EAST 10.85
FEET TO A CORNER OF THE SAID LOT ltfr.J.~1~e.d NORTH 00° 09' 39" EAST 268.05
FEET TO THE N.W. CORNER OF THE SAID LOT 1; THENCE SOUTH 57° 49' 10" EAST
ALONG THE NORTHERLY LINE OF THE SAID LOT 1 A DISTANCE OF 305.83 FEET;
THENCE SOUTH 00° 09' 39" WEST 90.00 FEET; THENCE SOUTH 45° 09' 39" WEST
21.21 FEET; THENCE SOUTH 00° 09' 39" WEST 119.71 FEET TO THE POINT OF
BEGINNING.
NOTE: THE ABOVE DESCRIBED PARCEL CONTAINS 61,688 SQUARE FEET OR 1.4162
NET ACRES.
34