Terms & Conditions

All reasonable means will be taken to make your stay at Superstition Sunrise RV resort (the “Resort”) a safe and pleasant one.  The following Rules and Regulations have been made by the Resort to promote the convenience, safety, and welfare of tenants in the Resort, to preserve the Resort’s property from abusive use, to preserve and upgrade the quality of the Resort, and to make a fair distribution of services and facilities.   

 

I.  GENERAL

 

1.  Anyone staying at the Resort must visit the Management Office, register upon arrival, and notify the mail room if the resident will be receiving mail at the Resort. Resident will be responsible for any damage caused to any home site including but not limited to utility hook-ups and/or other improvements.  Any second vehicle must be unloaded within 48 hours and must be stored in an outside storage facility, outside of the Resort.  All residents and guests must wear name badges in the common areas of the Resort at all times.  Additionally, residents must display a Resort decal on the windshield of their vehicle.  Short-term residents will be issued dated passes.  When checking out, provide the mail room with forwarding address labels at least three (3) days before your departure, and provide the Management Office with your forwarding address and phone number.  If your unit is remaining in the Resort and someone will be attending to it, provide the Management Office with that person’s name, address, and phone number. 

 

2.  All potential tenants and/or occupants of the Resort staying for thirty (30) days or longer must submit a Resort-provided application for residency for approval, must meet the Resort’s adopted age-related, income, credit, and criminal background screening criteria to qualify for residency, and must pay any required application fees, which are non-refundable.  Failure to receive Management’s prior written approval before moving onto a space in the Resort may result in Management unconditionally refusing residency, and any such persons who move into the Resort will be considered trespassers. 

 

A.  Age 55+ Resort.  In accordance with the federal Housing for Older Persons Act of 1995 (“HOPA”), the Resort is intended to be and is operated as “housing for older persons.” Consequently, at least 80 percent (80%) of the occupied home sites within the Resort must be occupied by at least one person who is fifty-five (55) years of age or older as of the date the exemption is claimed.  Additionally, all residents of the Resort must be at least forty (40) years of age.  All prospective residents of the Resort will be screened for compliance with these provisions, and no application for residency will be accepted without satisfactory proof of age, such as a valid driver’s license, birth certificate, or passport.  The Resort reserves the exclusive, unrestricted right to grant an exception to this requirement when, in the exclusive opinion of the Landlord, special circumstances warrant the granting of an exception so long as such exception does not interfere with the Resort’s status as Housing for Older Persons.  Any such exception must be made in writing and signed by both parties.  Residents residing on home sites with at least one 55+ resident, who were approved by the Resort to reside on such home site before the effective date of these Rules and Regulations, but who do not meet the required secondary age of 40, are permitted to remain in the Resort and will not be required to vacate. 

 

B.  At the time of application for initial occupancy, or on demand of management, all potential tenants and/or occupants and all existing Tenants/occupants shall be required to produce for inspection and copying one of the following age verification documents:  driver’s license; birth certificate; passport; immigration card; military identification; other valid local, state, national, or international documents containing a birth date of comparable reliability.   On January 1 of each even numbered year, all Tenants shall be required to provide the names and ages of all current occupants of the Home, in writing, to management.  Failure to provide such requested documentation or information shall constitute a violation of these Rules and Regulations and the Tenant may be subject to eviction pursuant to applicable law. 

 

C.  Upon meeting all qualifications, all tenants must sign a rental agreement and all required addenda before residing in the Resort.  All approved occupants of a space must be added to the rental agreement as an occupant before they may reside in the Resort.  Only registered, approved tenants, who have signed a rental agreement with the Resort and any required addenda, and registered, approved occupants may occupy a home in the Resort.  Additionally, this Resort’s practice is to maintain current, updated rental documentation.  Therefore, at expiration of any Rental Agreement, Resort Management reserves the right to require that a new written Rental Agreement be executed, at which time Tenant must sign a new, updated written Rental Agreement with the Resort. 

 

D.  Any proposed live-in caregiver for a disabled resident must apply for occupancy in the Resort, must undergo the Resort’s criminal background screening process, and must be approved to reside in the Resort before moving into any Tenant’s home.  Additionally, the Tenant and caregiver must submit any reliable documentation required evidencing the disability and a disability-related need for the caregiver and, if approved, the Tenant and the caregiver must sign a Caregiver Addendum with the Resort before the proposed caregiver may reside in the Resort.    

 

E.  All rents are payable in advance, on or before the anniversary date of the Tenant’s rental agreement or term.  Seasonal rents must be paid in full in advance for the entire stay.  Utilities and any other monthly fees or charges are due on the 1st day of each month.  Late charges for delinquent rents are provided for in your rental agreement.  Landlord does not accept checks, cash, or money orders. Rent must be paid via an electronic method. 

 

3.  Basic rental rates are for one or two adults.  Extra person fees (for any adults residing on the space in excess of two) are set forth in your Rental Agreement.  All overnight guests must be registered at the office on the day of the guest’s arrival.  Guests may be allowed use of all Resort facilities only when accompanied by the tenant.  The tenant will be responsible for the conduct and supervision of the tenant’s guests at all times.  Guest charges per person are $5.00 per day; $25.00 per week; and $75.00 per month, subject to change.  Guest stays are limited to not more than thirty (30) days in any 12-month period, as set forth in these Rules and Regulations.  

 

4.    No rent refunds will be made.  A deposit of $250.00 is required to reserve a home site.  Said deposit, minus a 25% administrative fee, will be refunded with at least 90 days’ written notice of cancellation.  Failure to arrive within two business days after a reservation cancels the reservation and will cause the deposited to be forfeited to the Resort in full. Only annual reservations guarantee a particular home site. 

 

5.  Occupancy in the Resort is limited.  No more than two (2) persons per bedroom, plus one (1) additional person per home, may regularly occupy the home.  For purposes of this restriction, a “Bedroom” is a room intended by the manufacturer of the home to be regularly used as a bedroom and all bedrooms must contain closet space.  A bedroom is not a den, family room, living room, or other room that has been converted into a bedroom.

 

6.  Tenants staying for thirty (30) days or more shall provide management, prior to entering into the Rental Agreement, a current copy of the title or other sufficient evidence of ownership, which indicates legal owner, any lienholder(s) and serial or identification number(s) to Tenant’s mobile home.  Tenant must also provide Landlord with a copy of the title to Tenant’s home promptly upon the Resort manager’s request.  The principal resident of each home in the Resort must be its legal owner. 

 

7. Tenants, members of their households, or guests are not allowed to play, enter or cut across any lots/spaces (occupied or vacant) for which they do not have permission.  Entering other tenants’ spaces without prior permission of that tenant is prohibited.  

 

8.  Tenants are not permitted to alter, tamper with or repair any Resort gas, water, sewer, television or telephone facilities, service connections or equipment.  Contact management if you have a problem.  Any damage or vandalism to Resort common areas or property is grounds for termination of tenancy, and tenants will be responsible for paying the cost to repair any such damage or vandalism as additional rent and/or such amounts may be sought by the Resort in an action against the Tenant for damages, or in any eviction action. 

 

9.  In an effort to prevent unauthorized entry into the Resort, notify the front gate when you have scheduled a vendor to do work, repairs, or deliveries to your unit.  Let the front gate know the name of the company and the date and approximate time that you are expecting them. 

 

10.  Vehicle speed limits are posted in the Resort for safe traffic movement and must be observed.  The determination of speed will be made by Management and is conclusive and binding.     

 

11.  Loud parties, excessive volume of radios, televisions or musical instruments, or any other excessive noise, will not be allowed.  Tenants may not disturb the quiet enjoyment of the Resort by other Tenants, residents, and guests, or by Resort management. 

 

12.  Tenants are responsible for their own conduct and for that of their occupants, guests, visitors, and invitees.  Tenants and their occupants, guests, visitors, and invitees must conduct themselves in a reasonable and respectful manner at all times in the Resort.  Offensive or inappropriate conduct towards anyone, and/or harassment of anyone, including but not limited to other tenants, occupants, guests, visitors, invitees, or Resort management, vendors, employees, or staff, will not be tolerated and is grounds for termination of tenancy.  Tenants, their occupants, guests, visitors, and invitees may not yell, curse at, or behave inappropriately towards other tenants, guests, visitors, invitees, Resort management, vendors, employees, or staff.  Tenants and their occupants, guests, visitors, and invitees must not interfere with the management or operation of the Resort.

 

13.  This Resort, its name, and/or its address must not be used for the purpose of advertisements of any kind or for the sale of merchandise.  No private business may be conducted in the Resort.  This includes but is not limited to babysitting, whether or not a fee is charged.  No door-to-door solicitations of any kind are permitted.  While meetings at tenant spaces are not affected by this rule, a solicitation by one tenant without prior invitation of another tenant is prohibited by this rule.  If you are solicited in the Resort, please notify the office at once.  Carport sales (yard sales) conducted by tenants are permitted only to dispose of personal property of residents on a non-commercial basis, and only with prior written approval of the manager.  Carport sales are limited to two (2) sales per home site in a 12-month period.   

 

14.  Management has the right to prevent access to the Resort and to remove anyone other than approved residents deemed objectionable.  Objectionable persons include but are not limited to persons previously denied residency at the Resort for reasons of prior evictions (unrelated to a non-payment of rent) or criminal history; persons not qualified for residency of the Resort for reasons other than inability to pay rent; persons previously evicted from the Resort for reasons other than non-payment of rent; persons engaged or previously engaged in criminal activity in the Resort, known gang members or known gang associates; and persons who have previously materially violated Resort rules or have been disruptive in the Resort.  Tenants permitting guests who are objectionable to be on the premises are subject to a notice of termination of tenancy for material non-compliance with Resort rules.  Management reserves the right to trespass from the Resort anyone who is not an approved tenant or occupant. 

 

II.  RESORT FACILITIES 

 

15.  The Resort may have certain common areas and facilities.  Use of these facilities is not guaranteed and common areas and facilities may be temporarily closed or even permanently closed for renovations, remodeling, change in use, meetings, Management use, training, maintenance, national emergencies, pandemics, acts of God, due to force majeure, and the like.  In no event may any Resort recreational facility be used for events to which the general public is invited.  In no event shall any Resort social or recreational facility be considered a place of public accommodation—Resort social and recreational facilities are only for the use of tenants, approved occupants, and their invited guests.  All personal items and trash must be removed from the common area facility upon departure.   

 

16.  Resort management has the right to eject without notice any person who is unauthorized, creates a disturbance, causes a nuisance or damage, or in any way interferes with the operation of the Resort or its facilities.  The purpose of the common areas, including but not limited to the clubhouse, pools, and any other facilities is responsible enjoyment.  The purpose of the streets is to provide a path for transportation into, out of, and throughout the Resort.  Loitering is not permitted in or around any facility or the streets.   

 

17.  Special rules pertaining to the Resort facilities and any equipment therein are posted at those locations.  Those special rules constitute a part of these Rules and Regulations, and violation of them will be treated as a violation of these Rules and Regulations.

 

18.  As the Resort is a 55+ community, children must be supervised when in the common areas and/or facilities of the Resort.  They may not use the shuffleboard, billiard, pickle ball, or arts and crafts facilities.  

 

19.  Certain Resort facilities may have a BYOB exemption as allowed by the Arizona Department of Liquor.  A BYOB License will be posted in any such facilities.  All tenants, occupants, guests, and visitors must comply with all rules regarding the BYOB exemption, in compliance with Arizona law, and with all directives of Resort management and staff.  In facilities where the BYOB exemption is posted, during private social functions in the Resort between the hours of 4:00 PM and 2:00 AM, residents attending such functions may consume no more than 40 oz. of beer; 750 ml. of wine; or 4 oz. of distilled spirits.  Such alcoholic beverages will not be served by the Resort or by Resort staff but may be brought to any such event in such facility in limited quantities.  

 

20.  Swimming Pools and Spa. 

 

1. Swimming pool and spa hours are posted.  Management reserves the right to close down the pool and spa areas (the “pool area”) for maintenance, training, due to force majeure, and/or or other management purposes and/or needs.  Additionally, Management reserves the right to close down the pool area and/or store all pool furniture indoors as dictated by weather and/or other circumstances.   Rules regarding the use of the swimming pool are posted in the pool area.  NO LIFEGUARD IS ON DUTY IN THE SWIMMING POOL AREA.  SWIM AT YOUR OWN RISK. 

 

B.  Guests in the pool area must be accompanied by a resident.  When posted maximum pool capacity is reached, guests must leave to make way for residents wishing to use the pool area.  Management reserves the right to set time limits for use of the pool area if circumstances dictate, in the sole discretion of Resort management.  

 

C.  All use of the swimming pool and/or spa is at the user’s risk.  Management assumes no responsibility or liability for physical problems or personal injury connected with the use of the pool and/or spa.  It is strongly recommended that no person use the swimming pool and/or spa unless accompanied by at least one other person.  

 

D.  All persons must shower before using the swimming pool or spa.  No sun tan oil may be used before entering the pool or spa.  All persons must wear a swimsuit in the pool or spa.  No street clothes are permitted in the swimming pool or spa.  Nudity is strictly prohibited at the swimming pool and spa and in all of the Resort’s common areas.  Swimmers may not use any objects in the pool or spa that may leave rust stains or damage the filter pumps if lost.  No glass of any kind is allowed in or around the pool area, including but not limited to bottled drinks or foods.  The pool and/or spa may not be used for personal bathing or hygiene purposes. 

 

E.  Anyone who is incontinent must wear a swim diaper or rubber pants designed for pool use.  Intentional urination and/or defecation in the pool or spa is prohibited. 

 

F.  No running, horseplay, or unsafe activity of any kind is allowed in or around the pool and pool area.  Jumping or diving into the pool or spa is prohibited.  No personal radios, tape recorders, compact disc players, or audio listening devices of any kind are allowed in the pool area, except if used with headphones or earphones in a manner that does not disturb other residents, or for Resort activities specifically authorized by Management.  Large pool toys are prohibited.  Each person using the pool or spa must respect the rights of others.  Any person who is a substantial annoyance to others using the pool or spa may be required to leave the pool area.  The Resort is not responsible for lost, stolen, or damaged items in the pool area.  

 

G.  No person who does not know how to swim may use the pool or spa unless accompanied by at least one person who knows how to swim and who is capable of assisting a non-swimmer in the event of an emergency.  All persons using the pool are requested not to swim alone under any circumstances as no lifeguards are on duty at the pool or spa.  

 

H.  Management reserves the right to revoke residents’ permission to use the pool and spa for non-compliance with pool or spa rules, including but not limited to any posted rules at the facilities.

 

I.  This is a 55+ Resort.  Children may not use the spa/jacuzzi.  Children may use the outside pool.  Children may only use the indoor pool during the posted children’s pool hours (normally 10 AM to 2:00 PM) while under the supervision of an adult.  Children in diapers may not use the pool.  

 

21.  Laundry Room.  Resort laundry facilities are for the sole use of Resort residents and will be open as posted.  Clothes must be removed from washers and dryers as soon as the cycle is complete.  Dyeing of clothes is prohibited.  The Resort is not responsible for lost, damaged, or stolen items, or for malfunctioning equipment.  Only liquid laundry detergent may be used.  Other types of detergent may clog or harm the septic system.  If you have a washer in your unit, only liquid laundry detergent products may be used. 

 

22.  Mail Room.  The mail room will be open as posted but generally the mail room window hours are from 8:00 AM to 1:00 PM Monday through Friday in November through April; and 8:00 AM to 12:00 PM in May through October.  Residents should pick up mail at the Resort’s centralized mail room.  All registered letters must be picked up at the Apache Junction Post Office, which is located at 151 W. Superstition Blvd.  The phone number for the Apache Junction Post Office is 1-800-275-8777.  Residents staying in the Resort for 30 days or longer must visit the mail room and ensure that their mail box is set up and opened.  

 

23.  Business/Management and Activities Office.  The business and activity office hours are as posted but are generally 9:00 AM to 4:00 PM, Monday through Friday, in October through April and 8:00 AM to 3:00 PM, Monday through Friday, in May through September.  

 

24.  Perimeter fencing around the Resort is for the privacy of residents and adds to the peace and quiet of the Resort.  No one is allowed to climb on or over the fencing at any time. 

 

25.  The consumption of alcoholic beverages is not permitted in any common area of the Resort without prior approval from the Resort of the event at which alcoholic beverages will be consumed.  Only non-alcoholic beverages in non-breakable containers are allowed in any part of the Resort’s common area or recreational facilities at any time unless prior written approval is obtained and all rules regarding any applicable permits, licenses, or exemptions are followed. 

 

26.  No bicycle riding, skateboarding, or roller-skating is permitted on vacant spaces or the area around the recreation center.  Baseball, basketball, or other ball games or other games are not allowed in the Resort streets.  Do not ride bicycles on the sidewalks.  Bicycle racks are available and must be used when parking a bicycle in any common area of the Resort. 

 

III. LOT AND HOME CONTROL

 

27.  There are no lot lines separating spaces; the configuration of each space is designated by management.  Each space will remain under the direct control of Resort management. Landlord reserves the right to adjust the dimensions of each space at any time for any reason that Landlord deems appropriate, including but not limited to compliance with code setback requirements, either for existing homes, or to accommodate homes being brought into the Resort.  The space designated for each Tenant’s use shall consist of a rough approximation of the space designated on a map of the Resort maintained by Landlord from time to time.  However, the space is not precisely legally described and the Landlord shall not be liable for variances between the map and the actual space.  Additionally, as and setback requirements change, the approximate boundaries between spaces may be reasonably adjusted by Landlord.  Such adjustments shall not change the rental amount that Tenant pays.

 

28.  Standard patio furniture, one or two bicycles, one barbecue and one or two pre-approved storage sheds (as discussed later herein), all of which must be maintained in a neat and clean condition, are the only items permitted to be stored outside the unit.  Tenants shall maintain their space in a clean and orderly fashion and care for all plantings, trees and shrubs, including but not limited to trimming them.  Plantings and/or trees may not be removed without management’s prior written approval.  Saguaro cactus may not be removed without prior written approval of Resort management; removal of a saguaro cactus constitutes criminal conduct.  Additional planting must be approved in advance to prevent disturbing underground utility lines.  Management has the right at any time to enter the space (but not tenant's unit, unless the home is rented from the Resort) to verify compliance with these and all Rules.

 

29.  NO trampolines, swimming pools, or spas are permitted on Tenants’ spaces.  Such items are specifically prohibited. 

30.  It is the tenant’s responsibility to arrange for upkeep and maintenance of their unit and space before leaving on extended periods and notify the manager of such arrangements before leaving.  Should a space be in need of care, tenant may receive a notice to this effect and be given ten (10) days to remedy the situation.  If not complied with, the work may be done, in which case tenant will be charged the actual or reasonable cost of the work as additional rent.  Alternatively, or additionally, the Resort may terminate the rental agreement. 

 

31. Each home site must be attractively landscaped and well-maintained on all sides.    Management must pre-approve, in writing, the type and location of all trees planted and of any other landscaping to be installed.  Installation of landscaping or any other modifications or alterations to the outside of the unit or to the home site require management’s prior written approval of your plot plan before any work begins.  Fences are prohibited.  Only desert landscaping is permitted.  If any home site has an existing lawn, the grass must be removed upon sale and desert landscaping installed. 

 

32.  All improvements, paint colors, modifications, and/or alterations to the home site and/or home require prior written approval of the Resort.  Forms to seek Resort approval of any improvement, modification, or alteration are available in the Resort office.  Any digging in the Resort must have prior written approval of management.  All awnings, skirting, storage sheds, enclosures, etc. must comply with all state, county and city laws and zoning regulations in addition to these Rules and Regulations.  In some instances, it may be necessary to obtain building permits from Maricopa County.  If approval is received from the Resort, any work performed must be consistent with what was approved and in compliance with all applicable laws and codes.

 

A.  The Resort required initial specifications for improvements, accessories and equipment consist of:  

 

1. All park model units brought into the Resort must be new unless an exception is made by Management in writing.  Any RV (including but not limited to park models) being brought into the Resort must be approved by Management, in writing, before it is moved in/parked on the home site.  Used park model units will only be permitted with prior written permission of Landlord if the year of manufacture is less than twenty (20) years prior to the date of the proposed move-in and if they are in good condition and otherwise comply with the requirements set forth in these Rules and Regulations, as written and as amended from time to time.  RV units (including but not limited to park models) must be in good condition in the sole opinion of Resort Management, and must be compatible with or better than the quality and appearance of the majority of other units in the Resort.  Units must be located on-site in a uniform manner as directed by Management.  For park model units, it is Tenant’s responsibility to have tow hitch(es), if any, promptly removed and stowed away from sight.  Park model installation is the responsibility of the Tenant and should be arranged independently with the Tenant’s licensed contractor.  Tenant is responsible for ensuring that all laws, ordinances, setbacks, permitting requirements, and the like are complied with.  For park models, installation of awnings, skirting, and landscaping must be completed on or before 30 days from the date the unit is installed in the Resort, unless an exception is granted as set forth below.   All park models must be skirted. 

 

2.  Tenant must obtain Management’s prior written approval for the placement of any RV, park model, or any accessory structure to be installed, including but not limited to sheds.  All setbacks must be complied with, and units and accessory structures may not encroach into any required setbacks.    

 

3.  All park model units must have approved skirting and awnings within thirty (30) days of move in.  All such materials must meet Resort standards.  Extensions of time to install skirting and/or awnings may be given by Resort Management in Management’s discretion, for good cause, not to exceed an additional thirty (30) days.    

 

4.  Siding/Roof: Park model units must be wood or vinyl-sided, with shingled, peaked roofs.  

 

5.  Steps: For park model homes, at the home’s front door entrance, Tenant must install steps with professional railings and skirting to match the home, with flooring to match the flooring of the deck if any pre-approved deck has been installed.  Commercial steps designed for park model units may be installed in place of a deck at the front door entrance with prior written approval of Management.  Such steps must be fully enclosed, have handrails with a clean and professional appearance and be covered with a clean and professional appearing floor covering designed for outdoor use.  Any temporary steps provided by dealers must be removed within thirty (30) days of move-in.  The deck, steps, railing, and skirting must all be maintained in a neat, attractive, well-kept, and professional manner. 

 

6.  Deck/Step Railings:  Deck railings may be: (a) a manufactured aluminum type; or (b) manufactured wrought iron; or (c) custom-made of wood, in which case the support posts must be at least 4” X 4” wood and extend to ground level at maximum intervals of 48”.  Horizontal rails must be at least 2”X4” wood at maximum intervals of 12”.  Alternatively, vertical rails of at least 2”X2” or 1”X4” wood may be installed at maximum intervals of 3 5/8”.  

 

7.  Carport and Patio Awning:  Many park model homes in the Resort have aluminum awnings or a carport.  These awnings or carport must be maintained in a neat, attractive, well-kept and professional manner.   Tenant must install a manufactured unitized aluminum awning with aluminum awning posts meeting the Uniform Building Code and any other applicable codes over the deck, porch, and carport that must extend the full length of the home on the carport side unless an exception is made by Management in writing before installation.  Awnings must be anchored and a unitized strip is required across the entire front of the home for existing homes that have such awnings.  Check with Management regarding what size of awning or carport will be required, which will be based on the size of the home and the configuration of the space.  Any park model home renovation or rehabilitation impacting the exterior of the home requires Management’s prior written approval.  Generally, carport awnings on homes with front parking must extend across the width of the home, have a peaked canopy with center support posts and be of a length as determined by Management for that home site.  Wood or fiberglass awnings are not permitted.  

 

8.  Skirting:  On park model homes, Tenant must install skirting that has been pre-approved by Management all around the home and all decks, porches, and additions: (a) by extending the home’s vertical hardboard siding to ground level, with horizontal cover molding; or (b) full vinyl (T-Lok type only) skirting kit.  No other types of skirting will be approved. 

 

9.  Sheds:  If Tenant desires to install any shed at the space, Tenant must first seek and obtain Management’s prior written approval of the materials to be used and the placement of the shed.  Only one storage shed from a pre-cut metal kit or built from a wooden kit, no larger than 10’ X 12’ and no taller than 8 feet may be installed, with prior written approval of Resort Management.  The color of the storage shed must match or compliment the home.  All construction on the shed must be completed with thirty (30) days of Management’s written approval of Tenant’s plan.  The shed may only be installed at the rear of the patio or home in a location designated by management.  

 

10.  Fencing:  Fencing is prohibited.  Fencing that predates these Rules and Regulations may remain on the home site as long as it is kept in neat and clean condition.  If the fence is damaged beyond repair or if the home is sold, the fence must be removed and the home and home site brought into compliance with the Resort’s current Rules and Regulations, as amended from time to time.   

 

11.  Landscaping:  Landscaping must be either colored landscape rock bordered by decorative pre-cast concrete, with a scalloped brick border at the front of the home and down each side.  A 6 mil plastic weed barrier must be placed under any decorative rock installed.  The front of the space must have decorative rock with 6 mil plastic underneath.  The remainder of the space may be ½ to 1 inch river rock with 6 mil plastic underneath.  Only desert landscaping is permitted.  New lawn installation is not permitted.  Any residents with existing grass must ensure that grass is green and weed-free at all times and in good condition.  Any existing grass must be removed upon the sale of the home.  Landscaping must be pre-approved by Management in writing prior to installation.  All landscaping must conform with the Crime-Free Mobile Housing Program.  Ground cover plants within twelve (12) feet of pedestrian walkways must not exceed three (3) feet in height.  Plants underneath windows should be maintained at a height below the windowsill.  Trees must be trimmed so that the lower branches are at least five (5) feet above ground.  Tenant is responsible for maintaining and trimming any trees located on the space, including but not limited to palm trees, along with maintaining and trimming other landscaping on the space.  The trimming of any palm trees over 15 feet in height must be performed by a licensed and bonded contractor.  The Resort reserves the right to enter the space and trim any citrus or palm tree if the Resort so chooses.      

 

12.  For park model home installations, installation of deck/steps and rear steps, awnings, skirting, and landscaping must be completed within sixty (60) days of signing the Rental Agreement or from the date that the home first occupies the space, whichever is earlier.  All such installations must comply with all federal, state, and local laws, codes, and ordinances, including but not limited to any permitting requirements.   

 

B.  Only manufactured factory-type accessories, equipment, structures and appliances, which are similar in design and compatible in color to the home, are permitted.  No
“homemade” accessories, equipment, structures and appliances may be installed unless of a professional quality and approved by the Resort in writing prior to installation.

 

C.  The utility pedestals and all service connections must be accessible at all times.  If one of the Resort’s shut-off valves is located on the Tenant's space, it must be kept visible and accessible at all times.

 

D.  All homes must display 3” high, black or other pre-approved contrasting color metal or plastic house numbers at a location designated by Management.  No other signs or placards are permitted except for a “For Sale” or “Open House” sign as set forth later in these Rules. 

 

E.  Any and all holiday decorations and/or lights must be removed within 30 days after the applicable holiday. 

 

F.  On park model spaces, any permanent improvements must be removed at the expiration or termination of the tenancy, unless requested otherwise by Management in writing.  When a park model home is removed from a space, all accessory structures, sheds, awnings, carports, fencing, screened rooms, additions and all concrete must be removed unless Management requests otherwise in writing.  The space must be graded and level and approximately the same level as adjoining spaces and as the original elevation.  Section 70 of these Rules and Regulations addresses removal of homes in more detail.  

 

33.  All of the above initial specifications for homes must be met when any park model home is installed in the Resort, and when any alterations, replacements, or improvements are made on any part of a park model home and/or at resale.  Improvements or alterations of any kind must have prior written approval of Resort management and must be completed in a professional, workmanlike manner, and must meet existing building codes including but not limited to any permitting requirements. 

 

34.  Each Tenant shall maintain the tenant’s space, home and all improvements (including but not limited to the maintenance and trimming of all trees, shrubbery, lawns, and landscaping) to reflect a clean, weed-free, attractive and well-kept appearance at all times.  If the home site and/or home is not maintained properly, management will issue appropriate notice and if not corrected Management may correct the condition and charge accordingly as additional rent or terminate the tenancy. 

 

A.  Tenant shall maintain all accessories, equipment, structures and appliances attached to the space or home or placed thereon in good condition and repair.  This obligation includes but is not limited to the replacement of any such items which are missing or damaged to the point that they cannot be repaired, and the repainting of the home and improvements when they are reasonably in need of repainting.  Tenant must obtain written color approval from Resort management prior to re-painting of park model unit and/or any accessories, equipment, structures, or appliances on the space.  Management, in its sole discretion, reserves the right to deny any colors it believes to be incompatible with other homes in the Resort or that would negatively impact the Resort’s appearance.  The following conditions (by way of example and not limitation) are not permissible and must promptly be corrected: (1) broken or cracked glass doors or windows; (2) visible or unsightly dents; (3) bent or dented awning or carport support posts or porch railings; (4) visible and unsightly rust, corrosion, fading, blistering, or cracking on painted surfaces; (5) utility connections that leak, are unsafe, impede yard maintenance, and/or violate any health or safety codes or regulations; (6) exterior carpet that is torn, dirty, or loose; (7) generally dirty appearance of the home (i.e., the home needs to be washed).   

 

B.  The hitch on any park model home existing in the Resort when these Rules and Regulations are adopted must either be removed from the home or must be screened/covered in a manner pre-approved by Resort management.  If Tenant chooses to screen/cover the tow hitch, the tow hitch must be removed upon sale of the home unless the Resort agrees otherwise, in writing.  For any park model home newly installed in the Resort, the hitch must be removed as set forth in the standards for incoming homes in these Rules and Regulations. 

 

C.  All concrete, asphalt and other surfaces on the space shall be kept clean and maintained free of oil drippings, grease and other debris, and kept in good repair and condition.  Tenant is responsible for maintaining Tenant’s driveway and all other concrete on the home site.  The cost to clean, repair, or replace a damaged driveway is the Tenant’s responsibility.  

 

D. All trash, paper, glass, cans and wrapped sanitary napkins are to be deposited in the trash.  To prevent clogged septic tanks and lines, DO NOT flush sanitary napkins, disposable diapers, Kleenex, paper towels, cigarette butts, cooking grease, or any other undissolvable materials or foreign objects down toilets, sinks, or garbage disposals.  Only liquid laundry detergent is to be used as other types of detergent may clog or harm the septic system.  The costs of clearance of stoppages or repairs of septic and sewer lines caused by Tenant's negligence or improper usage or intentional misuse, are the responsibility of the Tenant and may be charged to Tenant as additional rent.  The Resort has a septic system thus compliance with this Rule is of the utmost importance.  

 

E.   Garbage Service and Recycling.  Tenant is responsible for disposing from Tenant’s space all rubbish, garbage and other waste in a clean and safe manner.  All trash must be bagged and tied/sealed before being disposed in the disposal site.  Sharp objects (like hypodermic needles) may not be placed in trash bags; they must be placed in a closed and sealed container before being placed in the trash.  Tenants may not dispose of business or commercial trash in the Resort.  Do not enter any garbage containers to remove any refuse.  “Dumpster diving” is prohibited.  Large items such as furniture, appliances, large landscaping trimmings, etc., may be placed in or beside Resort disposal bins but must be taken to an appropriate disposal site outside of the Resort.  Hazardous wastes, including but not limited to batteries, tires, paint, used motor oil, and the like, must be disposed of in accordance with county and city regulations and in an appropriate facility, and may not be disposed of in the Resort. Management may change the times of collection.  Recycling may be placed in the disposal site.  Fold any newspapers in half and place them in brown paper bags. Aluminum and tin cans will be recycled but tin cans must be rinsed out.  Recycling and glass bottles may also be recycled.  All such items must be placed in brown paper bags for recycling.  Plastic grocery bags CANNOT be recycled and will not be accepted. 

 

F.  All personal property of Tenant must be stored in an appropriate, pre-approved storage shed or in the home.  Except for standard patio furniture, barbecue equipment and one or two operable bicycles (all of which must be kept in an attractive and well-maintained condition), NO personal property accumulation is permitted around the home, on driveways, carports, patios or on porches without prior written approval of Resort Management.  In this paragraph, personal property includes, but is not limited to, overstuffed or indoor type furniture, appliances, ironing boards, brooms, mops, tools, toys, gardening equipment, debris, refuse, litter, firewood or other such items which are unsightly in the sole discretion of management.

 

G.  Nothing other than wheels and hitches from the unit may be stored under the home.

 

H.  No material of a combustible, explosive, volatile, poisonous, gaseous, noxious or corrosive nature shall be stored on the space.

 

I.  Nothing is permitted to be hung outside of the home or storage shed to dry, to air or for any other purpose, except as specifically permitted herein.  Clotheslines are prohibited.   

 

J.    Tenant's responsibility extends to keeping the street and gutters in front of Tenant’s space clean and free of debris at all times.

 

K.  Aluminum foil, cardboard, plywood or similar material is not permitted in the windows or doors of the home.  Window coverings designed for that purpose, with a neat, clean, and professional appearance, must be used in windows.

 

L.  Trees on the Tenant’s space are part of the space.  Tenant is responsible for maintaining trees on the space including but not limited to trimming as necessary to ensure the health of the tree and to avoid safety hazards.  Landlord is responsible for trees in the common areas.  Landlord reserves the right to enter the space to trim any trees, including but not limited to citrus trees and/or palm trees.  Tenant may not remove or disfigure a tree without prior written permission from Management.  Unauthorized removal or destruction of a tree on the space not originally planted by Tenant constitutes destruction of valuable Landlord property and can be cause for immediate eviction.  Unauthorized removal or destruction of any saguaro cactus is a crime and is also cause for immediate eviction.  For safety reasons, all trimming of palm trees over 15 feet in height must be performed by a licensed and bonded contractor.  If Tenant does not trim palm trees on the space by July 15 of each year, the Resort reserves the right to have this work performed and bill the tenant for it as additional rent.  Landlord reserves the right to remove palm trees that are located on Tenant’s space at Landlord’s sole discretion. 

 

M. Landscaping must comply with Crime Prevention Through Environment Design requirements.  Ground cover plants (bushes and shrubs) must be maintained at a maximum height of three (3) feet so that plants do not impair the view of residents.  Plants under windows must be maintained at a height below the windowsill.  Trees must be trimmed so that lower branches are at least five (5) feet off of the ground.  Landscaping cannot interfere with lighting distribution.  Landscape rock may not be allowed to spread into the street or driveway.  Tenant must regularly trim, water, and care for all landscaping. 

 

N.  Other than the twelve-inch (12”) by eighteen-inch (18”) “For Sale” or “Open House” sign as specifically permitted by these Rules and Regulations, all other signs and placards on the space are prohibited.  Flags are only permitted with prior written approval and in accordance with the rules set forth later in these Rules. 

 

1.  The following are prohibited: 

1. Window or wall-mounted air conditioners or evaporative coolers; 

2. Duct work on the roof of the home; 

3. Screening (including but not limited to bamboo blinds, lattice, trellises, and non-framed shade cloth); 

4. Foil-backed window panels/screens. 

 

1. Water, sewer/septic, electrical, and gas connections (if any) must meet local codes and Resort requirements.  The Resort will not be responsible for any obligations contracted by Tenant for repair or maintenance of Resort property.  If such action is planned, Tenant must seek and obtain the Resort’s prior written approval.  

 

1.  Tenants may not alter, connect, disconnect, or repair any Resort or utility company utility service.  Tenants are solely responsible for service connections and related problems between the outlet provided by the Resort (usually the service post or meter) and Tenant’s home, including but not limited to maintenance of the sewer or septic lateral to the main line or septic tank.  If Tenant plans to do any digging in the yard, Tenant must first obtain Management’s prior written approval so that placement of utility lines or pipes can be blue staked.  If Tenant, Tenant’s agent, or Tenant’s contractor damages any such utility line or pipe, Tenant must pay all costs of repairing such damage, as additional rent on Tenant’s next rent invoice.  Tenant must maintain essential utilities in service to the home at all times—including but not limited to water, sewer, and electricity.  Tenant may not utilize alternative power sources for power (i.e. generators, extension cords, and the like).  Failure to maintain essential utility service is a material non-compliance with these Rules and Regulations. 

 

35.  Tenant must assist Landlord in maintaining the natural flow and drainage of water onto, across, and from Tenant’s space.  This requires that Tenant do nothing that would impede the natural flow and drainage of water or assist in the build-up of water.  Each Tenant is required to have rain gutters on the Tenant’s park model home and to use proper watering techniques on all areas of Tenant’s rented space.  Each Tenant shall “level” Tenant’s park model home on a consistent and regular basis.  It is strongly recommended that Tenant have Tenant’s park model home “leveled” at least once a year.  The Resort is not responsible for leveling a Tenant’s home—Tenant is entirely responsible for the maintenance of Tenant’s own home.  Each Tenant is liable for any personal injury, property damage, or other loss resulting from any change of water flow or drainage caused by Tenant on or from Tenant’s rented space.  All water that falls on Tenant’s park model home must be channeled to the street on which the home is located, and away from any embankments, slopes, or other home sites, using a system of overhead gutters, down spouts, and down spout extensions.     

 

36.  Tenant is advised that the soil on the space can expand and contract significantly when exposed to moisture and heat, including sunlight.  Tenant shall be responsible for any damage, repairs, maintenance, or other problems caused by expansion or contraction of the soil, including but not limited to any leveling of the home, awning, skirting, or other accessories required, or resulting from the expansion or contraction of the soil.  

 

37.  Because of the potential for serious property damage and personal injury, the use of a torch to remove a tow hitch is expressly prohibited.  

 

38.  Any and all security system devices must be approved in writing in advance by Resort management.  All alarm systems must conform to local ordinances, including but not limited to any required permits.  No exterior sirens or bells are permitted.  

 

39.  No wood burning fire pits (in ground or moveable) of any kind are allowed to be used in the Resort at any time.  

 

IV. VEHICLES

 

40.  Except for occasional minor repairs, repairing of automobiles, trailers, boats or other similar equipment, and vehicles is not permitted in the Resort.  No engine or transmission overhauling or removal, no body repair work or any other automotive work is permitted in the Resort.  Painting of vehicles is prohibited.  Flat tires must be repaired immediately and no vehicle shall be left on blocks or jacks unattended.  No waste oil, grease, or other fluids may be discharged anywhere in the Resort. 

 

41.  Vehicles must be operated in a safe, courteous, and cautious manner at all times.  Pedestrians, electric carts, and bicycles shall be granted the right of way.  No motorized vehicle may be operated within the Resort by any unlicensed persons.  All vehicles operated in the Resort must be properly licensed with current registration.  Tenant, Tenant’s occupants and invitees must obey all posted traffic control signs (e.g., Stop signs, No Parking signs, Speed Limit signs, etc.).  All persons operating vehicles in the Resort must have valid driver licenses.

 

42.  Motorcycles or small engine scooters, belonging to Tenant only, may be permitted with prior written approval of Resort management provided that they do not, in the opinion of Resort Management, emit excessive noise and provided that they are used solely for transportation and which are licensed to be operated on the highways of Arizona.  Absolutely no ATCs, ATVs, dirt bikes, mini-bikes, go-carts and the like shall be operated within the Resort.

 

43.  Management reserves the right to prohibit the use of any noisy vehicles within the Resort.  Operating a vehicle in the Resort under the influence of drugs or alcohol will be deemed a material and irreparable breach of the Tenant's rental agreement and will constitute cause for immediate eviction.

 

44.  Parking space for no more than one (1) or two (2) conventional consumer passenger vehicles, which must fit entirely under Tenant’s carport, exists at each home site  on Tenant’s driveway.  Parking is not permitted on Tenants’ lawns, yards, or any other part of the home site other than the driveway.  Except for temporary active loading or unloading during daytime hours, there is NO PARKING ALLOWED IN THE STREETS of the Resort.  The streets are considered fire lanes and must be kept clear for emergency equipment.  On-street parking also impairs mail delivery, street cleaning and maintenance.  If a Tenant requires additional parking, Tenant may inquire with the Management office regarding outside storage facilities.  

 

A.  Parking of motor homes, truck campers, buses, trailers, travel trailers, boats, campers, utility trailers, off-road vehicles, any type of trailer used to haul or tow cargo, and any non-operable or unlicensed vehicles, etc., is not permitted in the Resort.  Commercial vehicles other than those providing service at Management’s request, or those making deliveries, are prohibited in the Resort.  Any vehicle not moved for 72 consecutive hours shall be deemed non-operable.  Any vehicle with flat tires or that cannot be moved shall be deemed non-operable.  Vehicles that do not display current vehicle registration decals are deemed non-operable.  Any vehicle parked in the Resort must be in operable condition, used on a regular basis, and currently licensed.  Vehicles may not be parked on another resident’s space or on vacant spaces or in any unauthorized areas.  No driveway shall be blocked at any time.   

 

B.  Guest parking is available in areas designated with the words "GUEST PARKING."  These spaces are for guests and visitors only, and Resort Tenants are not permitted to use them for their own parking without prior written Management approval.

 

C.  Violation of these "Parking" rules can result in the vehicle being towed away at the vehicle owner's expense.

 

D.  The Resort does not have storage areas for additional vehicles, RVs, boats, and the like.  Contact the Management office for a list of nearby outside storage facilities if needed.   

 

V. PETS AND OTHER ANIMALS

 

45.  No pets may be kept in the Resort without prior written permission of Management.  All pets must be registered at the Resort office with a limit of two (2) pets per home site.  Tenants are subject to pet charges as provided in their rental agreements or the pet addendum thereto, and Tenant must sign a Pet Addendum to the Rental Agreement (“Pet Addendum”).  The pet charges constitute additional rent.  Management will require, among other possible documentation, a photograph of the pet along with proof of vaccination.  A pet is here defined as a domestic dog or cat.   Except for small birds or fish, all other animals are prohibited. 

 

46.  Breeding of animals is not permitted.  Feeding and/or watering of stray animals and/or wild animals, including but not limited to cats, is prohibited.

 

47.  Pets cannot be left unattended with or without a leash outside the home and may not be walked in the Resort unless controlled on a leash of not more than six (6) feet in length.  Pets may not be left unattended outdoors.  Outdoor pet housing is prohibited. 

 

48.  Pet droppings on or off Tenant’s lot must be cleaned up immediately by Tenant.  Pets are not allowed in the common areas, laundry room, swimming pool, or recreation center.

 

49.  Guests and visitors are not permitted to bring pets into the Resort.  “Pet sitting” is prohibited. 

 

50.  Barking, growling, snarling, crying, howling, and other such noises which disturb other tenants is cause for revoking permission to keep a pet.  Aggressive or vicious behavior including but not limited to biting, scratching, or attacking another resident, a guest, or any employee, manager, vendor, or Resort staff member is cause for revoking permission to keep a pet and may also constitute cause for immediate termination of tenancy. 

 

51.  Pets shall not be allowed to enter another Tenant’s home site, flowerbeds, shrubs, yard, or any vacant home sites. 

 

52.  Each Tenant is responsible for complying with all applicable state, city, and county requirements with respect to licensing, vaccinations, and leash laws.  Proof of current licensing and vaccinations must be provided to Resort Management before the pet may be approved and before it is brought into the Resort.  Additionally, proof of current licensing and vaccinations must be regularly updated in the Resort office and must be provided by Tenant to Resort Management at any time upon Management’s request. 

 

53.  All pets must be spayed or neutered by six (6) months of age in order to be Resort approved.  Non-conforming animals in the Resort with management approval on the effective date of this rule will be allowed to remain, but new animals born or brought into the Resort thereafter must comply or must be removed.  Tenant must provide proof of spaying or neutering to management on request.

 

54.  Dangerous breeds of animals will not be allowed.  In the case of dogs, dangerous breeds include but are not limited to Chows, Dobermans, Rottweilers, Wolf-hybrids, German Shepherds, Pit Bulls of any kind, American Staffordshire Terriers, Staffordshire Bull Terriers, and Presa Canarios.  This applies to both full and partial/mixed breed dogs.  Management's decision as to whether any pet is a dangerous breed is final and conclusive.  Farm-type animals like ducks, geese, rabbits, goats, pigs, chickens, and exotic pets, like snakes and pot-belly pigs, are prohibited.  

 

55.  Permission to keep a pet may be revoked if any violation of these Rules or any violation of a Tenant’s Pet Addendum is observed; or if the pet constitutes a nuisance, bites, attacks, or in any way interferes with others and/or causes complaint.  Any pet that prevents or inhibits Management or its agents from entering a Tenant’s space shall be considered a nuisance.  Once required to leave, a pet may not be returned to the Resort.  Violation of these Rules, Tenant’s Pet Addendum, or valid complaints received from other residents or Resort employees are also grounds for termination of tenancy.  

 

56.  Exceptions will be made to these pet restrictions when reasonably necessary to accommodate the needs of disabled residents.  Assistive animals permitted in the Resort (unless a reasonable accommodation is required related to any rule) are subject to the same rules concerning conduct, control, and clean-up as pets, and Tenants with such animals in their households will be responsible for complying with those rules.  Assistive animals are not subject to pet fees.  Pursuant to state and federal fair housing laws, where the disability of the Tenant or member of Tenant’s household requiring the assistive animal is not obvious or otherwise known to the Resort, or the disability-related need for the animal is not obvious or otherwise known to the Resort, the Resort may request reliable documentation evidencing the disability and/or the disability-related need for the specific assistive animal at issue.

 

VI.  GUESTS AND SUBLETTING

 

57.  Guests and visitors shall be the sole responsibility of the Tenant inviting the guest, and each guest and visitor shall be subject to the same Rules and Regulations as Tenant.

 

58.   Guests using the Resort facilities must be accompanied by a responsible Tenant.

 

59.   Guests and visitors are not permitted to bring pets into the Resort.

 

60.  Tenants are responsible for registering and paying the required “Guest Fee” for any guest who stays with Tenant in the Resort.

 

61.  Guests are limited to a maximum stay of thirty (30) days in any twelve (12) month period.  After that, they become unauthorized occupants and must vacate unless and until they submit an application for residency, are approved by Landlord in writing, and either sign a Rental Agreement with the Resort, are added to the Rental Agreement as an approved occupant, or sign an occupant addendum with the Landlord and Tenant.  

 

62.  Guests may not stay in any camper, RV, travel trailer, or other unit parked in a Tenant’s driveway.  A guest may only stay, subject to the limitations set forth herein and in Tenant’s Rental Agreement, in the Tenant’s approved unit.  

 

63.  SUBLETTING/USE OF SPACE.  Subleasing of the home site or home is only permitted with the Landlord’s prior written approval.  An application for approval of your proposed subtenant must be submitted to Management before any renter may occupy the home site.  All information regarding who will be subleasing your unit must be submitted to the Management Office at least thirty (30) days before the proposed subtenant’s arrival.  Subletting an empty home site is prohibited.  Any subtenants/renters must comply with all of these Rules and Regulations and Tenants are responsible for familiarizing them with these Rules.  All Resort age requirements must be met and complied with.  The Resort’s primary tenant shall remain responsible for all costs including but not limited to rent, utilities, and any other fees and charges.  The primary tenant may not use the unit or the Resort’s facilities or amenities when the unit is being sublet.  Owners of all rental units in the Resort must be current approved tenants of the Resort.  A $35.00 sublet fee is charged and must be paid to the Management Office for each subletting term.  This fee is subject to change by Management.   All homes must be owner occupied unless prior written permission for subleasing is obtained.  Tenant must provide a copy of the title to Tenant’s home upon request.  Units in the Resort may not be purchased for the sole purpose of subletting/renting them out; the Resort is primarily intended to be a seasonal or year-round residential community rather than a vacation rental property.  

 

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VII. SALE OR EXCHANGE OF RV OR PARK MODEL HOME

 

64.  One “For Sale” or “Open House” sign (during an active open house), not exceeding 12 inches by 18 inches, may be displayed only on the unit or in the unit’s front window.  This rule does not apply to signage used by landlord to market landlord home sales.  No other signs are permitted on a Tenant’s space.  A pre-approved sale sign may also be placed on the Resort’s posting board.  

 

65.  Tenants must notify Management if Tenants intend to sell or exchange their RV or park model unit before beginning marketing or sale efforts.  

 

66.  Current Tenants must notify the Manager at least two (2) weeks in advance of the closing date so the buyer of the home may be considered for approval by the Resort.

 

67.  Tenants cannot guarantee prospective buyers will be approved for residency.  A prospective buyer has no rights of tenancy until the buyer has met all of the Resort’s tenancy qualifications and has signed a Rental Agreement with the Resort.  As an additional condition to Resort approval of any buyer as a tenant, the Resort may require that any outstanding balance owed to the Resort be paid.  If the buyer does not qualify and the sale of the home is finalized, the home must be moved from the Resort at the time of sale.

 

68.  Residents should meet with management to determine what upgrades, if any, must be done to bring the home to Resort standards.  All work must be done prior to sale or the buyer will be required to bring the home into compliance as a condition of approval for residency.  Any home sold “on site” must be brought into compliance with all Resort standards in order to remain in the Resort.  

 

69.  Management may require a home being sold to be removed from the Resort if (1) the home cannot reasonably meet standard specifications determined by the Resort for that home site; or (2) if the home is in run-down condition or in disrepair in the judgment of Management, in Management’s sole discretion. 

 

70.  Park model Tenants are advised that their Rental Agreements may contain a right of first refusal provision for park model homes.  If during the term of the Tenant’s Rental Agreement or any extension thereof, the Tenant shall accept an offer to purchase the Tenant’s park model home, or if the Tenant intends to enter into an agreement for the sale of said home, the Tenant shall first give the Landlord written notice setting forth the name, address, and phone number of the prospective buyer, the purchase price, and all of the terms and conditions of the proposed sale.  The Tenant shall attach a true and accurate copy of the purchase offer to the written notice to Landlord.  After delivery of such notice, Landlord shall have the right to purchase the Tenant’s park model home upon the same terms and conditions.  The right of first refusal shall be exercised by certified mailing or personal delivery to Tenant within 72 hours of receipt of the required written notice.  Should Landlord elect not to purchase on such terms and within said 72 hours, the right of first refusal shall be deemed expired, and Tenant may proceed to sell the park model home upon the terms and conditions set forth in the written notice to Landlord.  This provision does not apply to sales by Tenants to individuals who intend to keep their park model home on the space in the Resort, who intend to reside therein for a period of twelve (12) months or more, and who make application to Landlord for approval as Tenants and who are in fact approved.  The right of first refusal is a material term of Tenant’s Rental Agreement and of these Rules and Regulations, and in its absence, the rent that Tenants of the Resort pay would be significantly higher.

 

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VIII. ANTENNAS AND SATELLITE TV SERVICE

 

71.  No exterior radio or television antennas or dishes, or similar items may be erected on the home or the space except in compliance with this rule.  Antennas one meter or less in diameter or diagonal measurement which are designed for over-the-air receptions of signals from satellite, wireless cable or television broadcasting facilities, together with their associated mounting hardware and mast, if applicable, may be installed subject to the following restrictions:

 

A.  The installation must not be visible from any other space, the common area or any street.  If this is not possible without impairing the ability to receive signals, the installation must be screened by landscaping or other means approved by the Resort to minimize visibility without impairing receipt of the signal.  If it is necessary to receive an adequate signal that the installation is visible from another space, the common area or a street, all components must be painted a color that will blend into the background against which the installation is mounted.

 

B.  Under no circumstances may a mast be higher than the height necessary to establish line of sight contact with the transmitter, and in any event, it may be no higher than the minimum height required by applicable law or regulation.

 

C.  All locations, manner of installation, screening and color must comply with these restrictions.  Locations on the space must be pre-approved by the Resort.  It is recommended that all installations be reviewed with Resort Management before actual work is commenced to ensure that these restrictions will not be violated.

 

D.  Satellite TV Service.  Inquire with the Resort office regarding satellite television service that is available in the Resort. 

 

IX.  FLAGS AND FLAG POLES

 

72.  Prior written permission from Resort management must be obtained before adding any item to a space or the exterior of a home, including but not limited to a flag pole and/or flag.  Obscene, offensive, or inappropriate flags will not be approved.  Management’s decision with regard to what constitutes “obscene, offensive, or inappropriate” shall be final and conclusive. 

 

73.  Flags may be flown between sunrise and sunset.  If flags are flown at night, the flag must be lighted.  Lighting must be installed in such a way as not to disturb neighbors. 

 

74.  Flags may not be flown in a hazardous manner.  Flags must be high enough as not to obstruct the view of the road.  The flag must be attached to the flagpole in a manner assuring that the flag will not become twisted around the flagpole, and in a manner that will ensure that noise from the flag and flagpole will not disturb neighbors.  If noise complaints are received regarding the flag, the hardware must either be replaced with hardware that does not make excessive noise, or the flag must be removed. 

 

75.  Tenants are responsible for the presentation, care, cleaning, and maintenance of their flag and flagpole.  Faded or torn flags must be promptly replaced.  Flagpoles must be kept clean.  If painted, paint must not be allowed to become dull.  No rust is permitted.  Flags will not be flown during inclement weather unless an “all weather flag” is used.   

 

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X. REMOVAL OF PARK MODEL HOMES

 

76.  Tenants or their successors in interest may remove their park model homes from the Resort as provided in A.R.S. § 33-2105 and in compliance with these Rules and Regulations.  Tenant must provide the Resort with a Notice of Removal of Park Model Home from Resort not less than thirty (30) days prior to move-out (this time is necessary for management to make arrangements to enable the move-out).  A form of notice is available from the management office.

 

A. Tenant must designate a person or entity that will be responsible for the move-out.  If this responsible party is not licensed as a contractor by the Arizona Registrar of Contractors, a move-out deposit of $2,500.00, less any security deposit of Tenant's then held by the Resort, and paid via money order or cashier’s check, must be posted.

 

B. Before the park model home is removed, Tenant and/or Tenant’s moving company must provide the Resort with a certificate of insurance evidencing that the mover is insured in case any damage is done to the Resort during the move-out.  

 

C.  When the park model home is removed, all necessary and accessory structures such as sheds, awnings, carports, fences, Arizona rooms and the like must also be removed unless the Resort agrees otherwise in writing.

 

D.  When the park model home is removed, all concrete on the space (including but not limited to patios, the pad on which the home was installed, carports, and driveways), and all landscaping and landscaping materials, must be removed unless the Resort agrees otherwise in writing.  

 

E.  When the park model home is removed, the space must be left completely clear and clean, with all holes and depressions filled in with clean fill dirt, so that the space is restored to a condition as if no home had ever been placed on it, and so that it is ready for the placement of a new home.   

 

F.  When the park model home is removed, all holes and depressions must be filled in.  The space must be graded and level, and approximately the same level as adjoining lots.  If fill dirt is necessary, Tenant is responsible for supplying clean fill dirt.

 

XI. MISCELLANEOUS

 

77.  The office will be open as posted on the door.  Incoming telephone messages for residents will be accepted only in the case of emergency and Landlord accepts no duties relating to the delivery of the message or liability therefore.

 

78.  The Management will make every reasonable effort to provide a clean and safe environment, however, we disclaim any responsibility for any losses resulting from fire, theft, accident or natural disasters.  No violation of any law or ordinance of the city, county or state will be tolerated.  No activities shall be permitted which would place the management or owner of these premises in violation of the law.

 

79.  Vendors/Contractors.  Any vendors or contractors working in the Resort must file with the Management Office copies of certificates of insurance, workman’s compensation, and a copy of their contractor’s license before performing work.  Non-compliance may result in denial of entry to the Resort.  

 

80.  Marijuana.  The Resort has determined that the use, possession, distribution, or manufacture of marijuana will interfere with the health, safety, welfare, and right to peaceful enjoyment of the premises by other residents.  In accordance with the Crime Free Addendum and supporting federal laws, any use of marijuana (medical or otherwise) by the tenant or the tenant’s guests will result in immediate termination of tenancy.  This includes both public and private use. 

 

81.  Firearms and Fireworks.  Firearms may not be worn in the Resort or openly displayed except by sworn law enforcement personnel at any time except as provided below (restrictions not applicable to sworn law enforcement personnel). Violation of any of these firearms restrictions by any resident, visitor or guest shall constitute a material and irreparable breach and shall be cause for immediate termination of tenancy. Tenants, tenant’s guests and visitors:  

 

1.  May carry a firearm in personal vehicles and may store a firearm in a locked vehicle while in the Resort, as long as any such firearm is not visible from outside the vehicle.

 

1.  May have a firearm within the mobile home.

 

1.  May carry a firearm between vehicles and the mobile home in a box, holster or other device that does not display the firearm to others.

 

1.  Except when transporting a firearm directly between a vehicle and the home may not carry a firearm in a public or common area of the Resort.

 

1. No firearms are permitted in the leasing office at any time.

 

1. May not brandish or display a firearm in any common or public area of the property.

 

1. May not threaten other residents, occupants, visitors or staff with a firearm, whether the firearm is displayed or not.

 

1. May not unlawfully discharge a firearm anywhere in the Resort for any reason at all.

 

1. May not leave a firearm in an unlocked vehicle at the property.

 

1. May not leave a firearm in a locked vehicle if the firearm is visible from outside the vehicle.

 

Fireworks of all kinds including but not limited to sparklers are prohibited in the Resort.  Igniting any kind of fireworks in the Resort including but not limited to lighting a sparkler by any resident, visitor or guest shall constitute a material and irreparable breach and shall be cause for immediate termination of tenancy.

82.  No Smoking.  Smoking is prohibited in all buildings, common areas, and Resort facilities.  Additionally, smoking is prohibited within twenty (20) feet in all directions measured from each outer edge of any entrance, any open window, or any ventilation system in the Resort.  For purposes of this Rule, the term “smoking” means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, or other tobacco product or similar lighted product in any manner or in any form.  “Product” means any organic product including but not limited to marijuana (including but not limited to “medical marijuana”).  “Smoking” also includes the use of “E-cigarettes” and similar devices that mimic normal smoking by the use of battery powered heating elements that create vapor, flavored or otherwise.  The use of marijuana in the Resort—including but not limited to medical marijuana—is prohibited and constitutes a violation of the Tenant’s Crime Free Addendum with the Resort, and a violation of these Rules.

83.  Drones/Remote-Controlled Vehicles.  The operation of remote-controlled vehicles, aircraft or drones is prohibited.  This includes not only the vehicle, drone or aircraft being operated in or over the Resort but also one being controlled by an individual inside the Resort.  These devices are inherently dangerous and violation of this rule by a tenant or member of the tenant's household or visitor is cause for immediate service of a termination of tenancy notice.

84.  Tenants, residents, and guests may not waste water or other natural resources.  Tenants may not turn on a hose and leave it running unattended.  Established trees and shrubs should be watered every two weeks.  Young plants should be watered no more than once weekly.  Established fruit trees should be watered only every two weeks.  Wasting water is a material violation of these Rules.   

85.  Complaints on any subject must be received by Resort management in writing.  Forms for this purpose are available from management.  

86.  Tenants are reminded that it is their responsibility to have adequate homeowners’ insurance coverage in case of damage that causes them to be in violation of Resort Rules, as well as the risk of financial hardship resulting from insufficient coverage.  Tenants must also investigate whether fire department response insurance is needed if the Resort is in an unincorporated area.   

87.  Any failure of Landlord to require compliance with or exercise any right pursuant to these Rules and Regulations shall not be construed as a waiver by Landlord of any provision of these Rules and Regulations, and shall not affect the validity or enforceability of any provision of these Rules and Regulations.

 

88.  The on-site Resort managers are not authorized to make any representations not contained in the Tenant’s Rental Agreement or these Rules and Regulations, or to strike or amend the provisions of the Rental Agreement, or these Rules, in any way.  Any modification to the Rental Agreement, or to these Rules, must be in writing signed by an authorized representative of Resort ownership.  

 

89.  Although these Rules are specific, it is impossible for them to deal with every possible eventuality.  Therefore, basic standards of decency are applicable to all, and Tenants and their occupants, guests, visitors, and invitees must conduct themselves in a reasonable manner so as not to say or do anything to adversely affect their neighbors or the ownership or Management of the Resort.  These Rules apply to Tenants, their guests, occupants, visitors, invitees, or any person in the Resort with the permission of anyone living in the Resort.  

 

90.  Each provision of these Rules is separate and distinct and individually enforceable.  In the event that any provision is declared unlawful, the enforceability of all other provisions shall not be affected.  

 

91.  Emergencies.  In case of emergency when the Resort office is closed call the number below to report the matter to management.  If the emergency is a medical, fire or police emergency, call 911.  Any payphone may be used to call 911 without the need for a coin.  There are emergency phones available at the Resort in the ballroom, by the activity office, on the 2nd floor by the elevator, and in the walkway between the laundry and outdoor pool area.  Those phones ring automatically to the Gate House.  Emergency Management Contact Number: (623) 695-6238 

30.  It is the tenant’s responsibility to arrange for upkeep and maintenance of their unit and space before leaving on extended periods and notify the manager of such arrangements before leaving.  Should a space be in need of care, tenant may receive a notice to this effect and be given ten (10) days to remedy the situation.  If not complied with, the work may be done, in which case tenant will be charged the actual or reasonable cost of the work as additional rent.  Alternatively, or additionally, the Resort may terminate the rental agreement. 

 

31. Each home site must be attractively landscaped and well-maintained on all sides.    Management must pre-approve, in writing, the type and location of all trees planted and of any other landscaping to be installed.  Installation of landscaping or any other modifications or alterations to the outside of the unit or to the home site require management’s prior written approval of your plot plan before any work begins.  Fences are prohibited.  Only desert landscaping is permitted.  If any home site has an existing lawn, the grass must be removed upon sale and desert landscaping installed. 

 

32.  All improvements, paint colors, modifications, and/or alterations to the home site and/or home require prior written approval of the Resort.  Forms to seek Resort approval of any improvement, modification, or alteration are available in the Resort office.  Any digging in the Resort must have prior written approval of management.  All awnings, skirting, storage sheds, enclosures, etc. must comply with all state, county and city laws and zoning regulations in addition to these Rules and Regulations.  In some instances, it may be necessary to obtain building permits from Maricopa County.  If approval is received from the Resort, any work performed must be consistent with what was approved and in compliance with all applicable laws and codes.

 

A.  The Resort required initial specifications for improvements, accessories and equipment consist of:  

 

1. All park model units brought into the Resort must be new unless an exception is made by Management in writing.  Any RV (including but not limited to park models) being brought into the Resort must be approved by Management, in writing, before it is moved in/parked on the home site.  Used park model units will only be permitted with prior written permission of Landlord if the year of manufacture is less than twenty (20) years prior to the date of the proposed move-in and if they are in good condition and otherwise comply with the requirements set forth in these Rules and Regulations, as written and as amended from time to time.  RV units (including but not limited to park models) must be in good condition in the sole opinion of Resort Management, and must be compatible with or better than the quality and appearance of the majority of other units in the Resort.  Units must be located on-site in a uniform manner as directed by Management.  For park model units, it is Tenant’s responsibility to have tow hitch(es), if any, promptly removed and stowed away from sight.  Park model installation is the responsibility of the Tenant and should be arranged independently with the Tenant’s licensed contractor.  Tenant is responsible for ensuring that all laws, ordinances, setbacks, permitting requirements, and the like are complied with.  For park models, installation of awnings, skirting, and landscaping must be completed on or before 30 days from the date the unit is installed in the Resort, unless an exception is granted as set forth below.   All park models must be skirted. 

 

2.  Tenant must obtain Management’s prior written approval for the placement of any RV, park model, or any accessory structure to be installed, including but not limited to sheds.  All setbacks must be complied with, and units and accessory structures may not encroach into any required setbacks.    

 

3.  All park model units must have approved skirting and awnings within thirty (30) days of move in.  All such materials must meet Resort standards.  Extensions of time to install skirting and/or awnings may be given by Resort Management in Management’s discretion, for good cause, not to exceed an additional thirty (30) days.    

 

4.  Siding/Roof: Park model units must be wood or vinyl-sided, with shingled, peaked roofs.  

 

5.  Steps: For park model homes, at the home’s front door entrance, Tenant must install steps with professional railings and skirting to match the home, with flooring to match the flooring of the deck if any pre-approved deck has been installed.  Commercial steps designed for park model units may be installed in place of a deck at the front door entrance with prior written approval of Management.  Such steps must be fully enclosed, have handrails with a clean and professional appearance and be covered with a clean and professional appearing floor covering designed for outdoor use.  Any temporary steps provided by dealers must be removed within thirty (30) days of move-in.  The deck, steps, railing, and skirting must all be maintained in a neat, attractive, well-kept, and professional manner. 

 

6.  Deck/Step Railings:  Deck railings may be: (a) a manufactured aluminum type; or (b) manufactured wrought iron; or (c) custom-made of wood, in which case the support posts must be at least 4” X 4” wood and extend to ground level at maximum intervals of 48”.  Horizontal rails must be at least 2”X4” wood at maximum intervals of 12”.  Alternatively, vertical rails of at least 2”X2” or 1”X4” wood may be installed at maximum intervals of 3 5/8”.  

 

7.  Carport and Patio Awning:  Many park model homes in the Resort have aluminum awnings or a carport.  These awnings or carport must be maintained in a neat, attractive, well-kept and professional manner.   Tenant must install a manufactured unitized aluminum awning with aluminum awning posts meeting the Uniform Building Code and any other applicable codes over the deck, porch, and carport that must extend the full length of the home on the carport side unless an exception is made by Management in writing before installation.  Awnings must be anchored and a unitized strip is required across the entire front of the home for existing homes that have such awnings.  Check with Management regarding what size of awning or carport will be required, which will be based on the size of the home and the configuration of the space.  Any park model home renovation or rehabilitation impacting the exterior of the home requires Management’s prior written approval.  Generally, carport awnings on homes with front parking must extend across the width of the home, have a peaked canopy with center support posts and be of a length as determined by Management for that home site.  Wood or fiberglass awnings are not permitted.  

 

8.  Skirting:  On park model homes, Tenant must install skirting that has been pre-approved by Management all around the home and all decks, porches, and additions: (a) by extending the home’s vertical hardboard siding to ground level, with horizontal cover molding; or (b) full vinyl (T-Lok type only) skirting kit.  No other types of skirting will be approved. 

 

9.  Sheds:  If Tenant desires to install any shed at the space, Tenant must first seek and obtain Management’s prior written approval of the materials to be used and the placement of the shed.  Only one storage shed from a pre-cut metal kit or built from a wooden kit, no larger than 10’ X 12’ and no taller than 8 feet may be installed, with prior written approval of Resort Management.  The color of the storage shed must match or compliment the home.  All construction on the shed must be completed with thirty (30) days of Management’s written approval of Tenant’s plan.  The shed may only be installed at the rear of the patio or home in a location designated by management.  

 

10.  Fencing:  Fencing is prohibited.  Fencing that predates these Rules and Regulations may remain on the home site as long as it is kept in neat and clean condition.  If the fence is damaged beyond repair or if the home is sold, the fence must be removed and the home and home site brought into compliance with the Resort’s current Rules and Regulations, as amended from time to time.   

 

11.  Landscaping:  Landscaping must be either colored landscape rock bordered by decorative pre-cast concrete, with a scalloped brick border at the front of the home and down each side.  A 6 mil plastic weed barrier must be placed under any decorative rock installed.  The front of the space must have decorative rock with 6 mil plastic underneath.  The remainder of the space may be ½ to 1 inch river rock with 6 mil plastic underneath.  Only desert landscaping is permitted.  New lawn installation is not permitted.  Any residents with existing grass must ensure that grass is green and weed-free at all times and in good condition.  Any existing grass must be removed upon the sale of the home.  Landscaping must be pre-approved by Management in writing prior to installation.  All landscaping must conform with the Crime-Free Mobile Housing Program.  Ground cover plants within twelve (12) feet of pedestrian walkways must not exceed three (3) feet in height.  Plants underneath windows should be maintained at a height below the windowsill.  Trees must be trimmed so that the lower branches are at least five (5) feet above ground.  Tenant is responsible for maintaining and trimming any trees located on the space, including but not limited to palm trees, along with maintaining and trimming other landscaping on the space.  The trimming of any palm trees over 15 feet in height must be performed by a licensed and bonded contractor.  The Resort reserves the right to enter the space and trim any citrus or palm tree if the Resort so chooses.      

 

12.  For park model home installations, installation of deck/steps and rear steps, awnings, skirting, and landscaping must be completed within sixty (60) days of signing the Rental Agreement or from the date that the home first occupies the space, whichever is earlier.  All such installations must comply with all federal, state, and local laws, codes, and ordinances, including but not limited to any permitting requirements.   

 

B.  Only manufactured factory-type accessories, equipment, structures and appliances, which are similar in design and compatible in color to the home, are permitted.  No
“homemade” accessories, equipment, structures and appliances may be installed unless of a professional quality and approved by the Resort in writing prior to installation.

 

C.  The utility pedestals and all service connections must be accessible at all times.  If one of the Resort’s shut-off valves is located on the Tenant's space, it must be kept visible and accessible at all times.

 

D.  All homes must display 3” high, black or other pre-approved contrasting color metal or plastic house numbers at a location designated by Management.  No other signs or placards are permitted except for a “For Sale” or “Open House” sign as set forth later in these Rules. 

 

E.  Any and all holiday decorations and/or lights must be removed within 30 days after the applicable holiday. 

 

F.  On park model spaces, any permanent improvements must be removed at the expiration or termination of the tenancy, unless requested otherwise by Management in writing.  When a park model home is removed from a space, all accessory structures, sheds, awnings, carports, fencing, screened rooms, additions and all concrete must be removed unless Management requests otherwise in writing.  The space must be graded and level and approximately the same level as adjoining spaces and as the original elevation.  Section 70 of these Rules and Regulations addresses removal of homes in more detail.  

 

33.  All of the above initial specifications for homes must be met when any park model home is installed in the Resort, and when any alterations, replacements, or improvements are made on any part of a park model home and/or at resale.  Improvements or alterations of any kind must have prior written approval of Resort management and must be completed in a professional, workmanlike manner, and must meet existing building codes including but not limited to any permitting requirements. 

 

34.  Each Tenant shall maintain the tenant’s space, home and all improvements (including but not limited to the maintenance and trimming of all trees, shrubbery, lawns, and landscaping) to reflect a clean, weed-free, attractive and well-kept appearance at all times.  If the home site and/or home is not maintained properly, management will issue appropriate notice and if not corrected Management may correct the condition and charge accordingly as additional rent or terminate the tenancy. 

 

A.  Tenant shall maintain all accessories, equipment, structures and appliances attached to the space or home or placed thereon in good condition and repair.  This obligation includes but is not limited to the replacement of any such items which are missing or damaged to the point that they cannot be repaired, and the repainting of the home and improvements when they are reasonably in need of repainting.  Tenant must obtain written color approval from Resort management prior to re-painting of park model unit and/or any accessories, equipment, structures, or appliances on the space.  Management, in its sole discretion, reserves the right to deny any colors it believes to be incompatible with other homes in the Resort or that would negatively impact the Resort’s appearance.  The following conditions (by way of example and not limitation) are not permissible and must promptly be corrected: (1) broken or cracked glass doors or windows; (2) visible or unsightly dents; (3) bent or dented awning or carport support posts or porch railings; (4) visible and unsightly rust, corrosion, fading, blistering, or cracking on painted surfaces; (5) utility connections that leak, are unsafe, impede yard maintenance, and/or violate any health or safety codes or regulations; (6) exterior carpet that is torn, dirty, or loose; (7) generally dirty appearance of the home (i.e., the home needs to be washed).   

 

B.  The hitch on any park model home existing in the Resort when these Rules and Regulations are adopted must either be removed from the home or must be screened/covered in a manner pre-approved by Resort management.  If Tenant chooses to screen/cover the tow hitch, the tow hitch must be removed upon sale of the home unless the Resort agrees otherwise, in writing.  For any park model home newly installed in the Resort, the hitch must be removed as set forth in the standards for incoming homes in these Rules and Regulations. 

 

C.  All concrete, asphalt and other surfaces on the space shall be kept clean and maintained free of oil drippings, grease and other debris, and kept in good repair and condition.  Tenant is responsible for maintaining Tenant’s driveway and all other concrete on the home site.  The cost to clean, repair, or replace a damaged driveway is the Tenant’s responsibility.  

 

D. All trash, paper, glass, cans and wrapped sanitary napkins are to be deposited in the trash.  To prevent clogged septic tanks and lines, DO NOT flush sanitary napkins, disposable diapers, Kleenex, paper towels, cigarette butts, cooking grease, or any other undissolvable materials or foreign objects down toilets, sinks, or garbage disposals.  Only liquid laundry detergent is to be used as other types of detergent may clog or harm the septic system.  The costs of clearance of stoppages or repairs of septic and sewer lines caused by Tenant's negligence or improper usage or intentional misuse, are the responsibility of the Tenant and may be charged to Tenant as additional rent.  The Resort has a septic system thus compliance with this Rule is of the utmost importance.  

 

E.   Garbage Service and Recycling.  Tenant is responsible for disposing from Tenant’s space all rubbish, garbage and other waste in a clean and safe manner.  All trash must be bagged and tied/sealed before being disposed in the disposal site.  Sharp objects (like hypodermic needles) may not be placed in trash bags; they must be placed in a closed and sealed container before being placed in the trash.  Tenants may not dispose of business or commercial trash in the Resort.  Do not enter any garbage containers to remove any refuse.  “Dumpster diving” is prohibited.  Large items such as furniture, appliances, large landscaping trimmings, etc., may be placed in or beside Resort disposal bins but must be taken to an appropriate disposal site outside of the Resort.  Hazardous wastes, including but not limited to batteries, tires, paint, used motor oil, and the like, must be disposed of in accordance with county and city regulations and in an appropriate facility, and may not be disposed of in the Resort. Management may change the times of collection.  Recycling may be placed in the disposal site.  Fold any newspapers in half and place them in brown paper bags. Aluminum and tin cans will be recycled but tin cans must be rinsed out.  Recycling and glass bottles may also be recycled.  All such items must be placed in brown paper bags for recycling.  Plastic grocery bags CANNOT be recycled and will not be accepted. 

 

F.  All personal property of Tenant must be stored in an appropriate, pre-approved storage shed or in the home.  Except for standard patio furniture, barbecue equipment and one or two operable bicycles (all of which must be kept in an attractive and well-maintained condition), NO personal property accumulation is permitted around the home, on driveways, carports, patios or on porches without prior written approval of Resort Management.  In this paragraph, personal property includes, but is not limited to, overstuffed or indoor type furniture, appliances, ironing boards, brooms, mops, tools, toys, gardening equipment, debris, refuse, litter, firewood or other such items which are unsightly in the sole discretion of management.

 

G.  Nothing other than wheels and hitches from the unit may be stored under the home.

 

H.  No material of a combustible, explosive, volatile, poisonous, gaseous, noxious or corrosive nature shall be stored on the space.

 

I.  Nothing is permitted to be hung outside of the home or storage shed to dry, to air or for any other purpose, except as specifically permitted herein.  Clotheslines are prohibited.   

 

J.    Tenant's responsibility extends to keeping the street and gutters in front of Tenant’s space clean and free of debris at all times.

 

K.  Aluminum foil, cardboard, plywood or similar material is not permitted in the windows or doors of the home.  Window coverings designed for that purpose, with a neat, clean, and professional appearance, must be used in windows.

 

L.  Trees on the Tenant’s space are part of the space.  Tenant is responsible for maintaining trees on the space including but not limited to trimming as necessary to ensure the health of the tree and to avoid safety hazards.  Landlord is responsible for trees in the common areas.  Landlord reserves the right to enter the space to trim any trees, including but not limited to citrus trees and/or palm trees.  Tenant may not remove or disfigure a tree without prior written permission from Management.  Unauthorized removal or destruction of a tree on the space not originally planted by Tenant constitutes destruction of valuable Landlord property and can be cause for immediate eviction.  Unauthorized removal or destruction of any saguaro cactus is a crime and is also cause for immediate eviction.  For safety reasons, all trimming of palm trees over 15 feet in height must be performed by a licensed and bonded contractor.  If Tenant does not trim palm trees on the space by July 15 of each year, the Resort reserves the right to have this work performed and bill the tenant for it as additional rent.  Landlord reserves the right to remove palm trees that are located on Tenant’s space at Landlord’s sole discretion. 

 

M. Landscaping must comply with Crime Prevention Through Environment Design requirements.  Ground cover plants (bushes and shrubs) must be maintained at a maximum height of three (3) feet so that plants do not impair the view of residents.  Plants under windows must be maintained at a height below the windowsill.  Trees must be trimmed so that lower branches are at least five (5) feet off of the ground.  Landscaping cannot interfere with lighting distribution.  Landscape rock may not be allowed to spread into the street or driveway.  Tenant must regularly trim, water, and care for all landscaping. 

 

N.  Other than the twelve-inch (12”) by eighteen-inch (18”) “For Sale” or “Open House” sign as specifically permitted by these Rules and Regulations, all other signs and placards on the space are prohibited.  Flags are only permitted with prior written approval and in accordance with the rules set forth later in these Rules. 

 

1.  The following are prohibited: 

1. Window or wall-mounted air conditioners or evaporative coolers; 

2. Duct work on the roof of the home; 

3. Screening (including but not limited to bamboo blinds, lattice, trellises, and non-framed shade cloth); 

4. Foil-backed window panels/screens. 

 

1. Water, sewer/septic, electrical, and gas connections (if any) must meet local codes and Resort requirements.  The Resort will not be responsible for any obligations contracted by Tenant for repair or maintenance of Resort property.  If such action is planned, Tenant must seek and obtain the Resort’s prior written approval.  

 

1.  Tenants may not alter, connect, disconnect, or repair any Resort or utility company utility service.  Tenants are solely responsible for service connections and related problems between the outlet provided by the Resort (usually the service post or meter) and Tenant’s home, including but not limited to maintenance of the sewer or septic lateral to the main line or septic tank.  If Tenant plans to do any digging in the yard, Tenant must first obtain Management’s prior written approval so that placement of utility lines or pipes can be blue staked.  If Tenant, Tenant’s agent, or Tenant’s contractor damages any such utility line or pipe, Tenant must pay all costs of repairing such damage, as additional rent on Tenant’s next rent invoice.  Tenant must maintain essential utilities in service to the home at all times—including but not limited to water, sewer, and electricity.  Tenant may not utilize alternative power sources for power (i.e. generators, extension cords, and the like).  Failure to maintain essential utility service is a material non-compliance with these Rules and Regulations. 

 

35.  Tenant must assist Landlord in maintaining the natural flow and drainage of water onto, across, and from Tenant’s space.  This requires that Tenant do nothing that would impede the natural flow and drainage of water or assist in the build-up of water.  Each Tenant is required to have rain gutters on the Tenant’s park model home and to use proper watering techniques on all areas of Tenant’s rented space.  Each Tenant shall “level” Tenant’s park model home on a consistent and regular basis.  It is strongly recommended that Tenant have Tenant’s park model home “leveled” at least once a year.  The Resort is not responsible for leveling a Tenant’s home—Tenant is entirely responsible for the maintenance of Tenant’s own home.  Each Tenant is liable for any personal injury, property damage, or other loss resulting from any change of water flow or drainage caused by Tenant on or from Tenant’s rented space.  All water that falls on Tenant’s park model home must be channeled to the street on which the home is located, and away from any embankments, slopes, or other home sites, using a system of overhead gutters, down spouts, and down spout extensions.     

 

36.  Tenant is advised that the soil on the space can expand and contract significantly when exposed to moisture and heat, including sunlight.  Tenant shall be responsible for any damage, repairs, maintenance, or other problems caused by expansion or contraction of the soil, including but not limited to any leveling of the home, awning, skirting, or other accessories required, or resulting from the expansion or contraction of the soil.  

 

37.  Because of the potential for serious property damage and personal injury, the use of a torch to remove a tow hitch is expressly prohibited.  

 

38.  Any and all security system devices must be approved in writing in advance by Resort management.  All alarm systems must conform to local ordinances, including but not limited to any required permits.  No exterior sirens or bells are permitted.  

 

39.  No wood burning fire pits (in ground or moveable) of any kind are allowed to be used in the Resort at any time.  

 

IV. VEHICLES

 

40.  Except for occasional minor repairs, repairing of automobiles, trailers, boats or other similar equipment, and vehicles is not permitted in the Resort.  No engine or transmission overhauling or removal, no body repair work or any other automotive work is permitted in the Resort.  Painting of vehicles is prohibited.  Flat tires must be repaired immediately and no vehicle shall be left on blocks or jacks unattended.  No waste oil, grease, or other fluids may be discharged anywhere in the Resort. 

 

41.  Vehicles must be operated in a safe, courteous, and cautious manner at all times.  Pedestrians, electric carts, and bicycles shall be granted the right of way.  No motorized vehicle may be operated within the Resort by any unlicensed persons.  All vehicles operated in the Resort must be properly licensed with current registration.  Tenant, Tenant’s occupants and invitees must obey all posted traffic control signs (e.g., Stop signs, No Parking signs, Speed Limit signs, etc.).  All persons operating vehicles in the Resort must have valid driver licenses.

 

42.  Motorcycles or small engine scooters, belonging to Tenant only, may be permitted with prior written approval of Resort management provided that they do not, in the opinion of Resort Management, emit excessive noise and provided that they are used solely for transportation and which are licensed to be operated on the highways of Arizona.  Absolutely no ATCs, ATVs, dirt bikes, mini-bikes, go-carts and the like shall be operated within the Resort.

 

43.  Management reserves the right to prohibit the use of any noisy vehicles within the Resort.  Operating a vehicle in the Resort under the influence of drugs or alcohol will be deemed a material and irreparable breach of the Tenant's rental agreement and will constitute cause for immediate eviction.

 

44.  Parking space for no more than one (1) or two (2) conventional consumer passenger vehicles, which must fit entirely under Tenant’s carport, exists at each home site  on Tenant’s driveway.  Parking is not permitted on Tenants’ lawns, yards, or any other part of the home site other than the driveway.  Except for temporary active loading or unloading during daytime hours, there is NO PARKING ALLOWED IN THE STREETS of the Resort.  The streets are considered fire lanes and must be kept clear for emergency equipment.  On-street parking also impairs mail delivery, street cleaning and maintenance.  If a Tenant requires additional parking, Tenant may inquire with the Management office regarding outside storage facilities.  

 

A.  Parking of motor homes, truck campers, buses, trailers, travel trailers, boats, campers, utility trailers, off-road vehicles, any type of trailer used to haul or tow cargo, and any non-operable or unlicensed vehicles, etc., is not permitted in the Resort.  Commercial vehicles other than those providing service at Management’s request, or those making deliveries, are prohibited in the Resort.  Any vehicle not moved for 72 consecutive hours shall be deemed non-operable.  Any vehicle with flat tires or that cannot be moved shall be deemed non-operable.  Vehicles that do not display current vehicle registration decals are deemed non-operable.  Any vehicle parked in the Resort must be in operable condition, used on a regular basis, and currently licensed.  Vehicles may not be parked on another resident’s space or on vacant spaces or in any unauthorized areas.  No driveway shall be blocked at any time.   

 

B.  Guest parking is available in areas designated with the words "GUEST PARKING."  These spaces are for guests and visitors only, and Resort Tenants are not permitted to use them for their own parking without prior written Management approval.

 

C.  Violation of these "Parking" rules can result in the vehicle being towed away at the vehicle owner's expense.

 

D.  The Resort does not have storage areas for additional vehicles, RVs, boats, and the like.  Contact the Management office for a list of nearby outside storage facilities if needed.   

 

V. PETS AND OTHER ANIMALS

 

45.  No pets may be kept in the Resort without prior written permission of Management.  All pets must be registered at the Resort office with a limit of two (2) pets per home site.  Tenants are subject to pet charges as provided in their rental agreements or the pet addendum thereto, and Tenant must sign a Pet Addendum to the Rental Agreement (“Pet Addendum”).  The pet charges constitute additional rent.  Management will require, among other possible documentation, a photograph of the pet along with proof of vaccination.  A pet is here defined as a domestic dog or cat.   Except for small birds or fish, all other animals are prohibited. 

 

46.  Breeding of animals is not permitted.  Feeding and/or watering of stray animals and/or wild animals, including but not limited to cats, is prohibited.

 

47.  Pets cannot be left unattended with or without a leash outside the home and may not be walked in the Resort unless controlled on a leash of not more than six (6) feet in length.  Pets may not be left unattended outdoors.  Outdoor pet housing is prohibited. 

 

48.  Pet droppings on or off Tenant’s lot must be cleaned up immediately by Tenant.  Pets are not allowed in the common areas, laundry room, swimming pool, or recreation center.

 

49.  Guests and visitors are not permitted to bring pets into the Resort.  “Pet sitting” is prohibited. 

 

50.  Barking, growling, snarling, crying, howling, and other such noises which disturb other tenants is cause for revoking permission to keep a pet.  Aggressive or vicious behavior including but not limited to biting, scratching, or attacking another resident, a guest, or any employee, manager, vendor, or Resort staff member is cause for revoking permission to keep a pet and may also constitute cause for immediate termination of tenancy. 

 

51.  Pets shall not be allowed to enter another Tenant’s home site, flowerbeds, shrubs, yard, or any vacant home sites. 

 

52.  Each Tenant is responsible for complying with all applicable state, city, and county requirements with respect to licensing, vaccinations, and leash laws.  Proof of current licensing and vaccinations must be provided to Resort Management before the pet may be approved and before it is brought into the Resort.  Additionally, proof of current licensing and vaccinations must be regularly updated in the Resort office and must be provided by Tenant to Resort Management at any time upon Management’s request. 

 

53.  All pets must be spayed or neutered by six (6) months of age in order to be Resort approved.  Non-conforming animals in the Resort with management approval on the effective date of this rule will be allowed to remain, but new animals born or brought into the Resort thereafter must comply or must be removed.  Tenant must provide proof of spaying or neutering to management on request.

 

54.  Dangerous breeds of animals will not be allowed.  In the case of dogs, dangerous breeds include but are not limited to Chows, Dobermans, Rottweilers, Wolf-hybrids, German Shepherds, Pit Bulls of any kind, American Staffordshire Terriers, Staffordshire Bull Terriers, and Presa Canarios.  This applies to both full and partial/mixed breed dogs.  Management's decision as to whether any pet is a dangerous breed is final and conclusive.  Farm-type animals like ducks, geese, rabbits, goats, pigs, chickens, and exotic pets, like snakes and pot-belly pigs, are prohibited.  

 

55.  Permission to keep a pet may be revoked if any violation of these Rules or any violation of a Tenant’s Pet Addendum is observed; or if the pet constitutes a nuisance, bites, attacks, or in any way interferes with others and/or causes complaint.  Any pet that prevents or inhibits Management or its agents from entering a Tenant’s space shall be considered a nuisance.  Once required to leave, a pet may not be returned to the Resort.  Violation of these Rules, Tenant’s Pet Addendum, or valid complaints received from other residents or Resort employees are also grounds for termination of tenancy.  

 

56.  Exceptions will be made to these pet restrictions when reasonably necessary to accommodate the needs of disabled residents.  Assistive animals permitted in the Resort (unless a reasonable accommodation is required related to any rule) are subject to the same rules concerning conduct, control, and clean-up as pets, and Tenants with such animals in their households will be responsible for complying with those rules.  Assistive animals are not subject to pet fees.  Pursuant to state and federal fair housing laws, where the disability of the Tenant or member of Tenant’s household requiring the assistive animal is not obvious or otherwise known to the Resort, or the disability-related need for the animal is not obvious or otherwise known to the Resort, the Resort may request reliable documentation evidencing the disability and/or the disability-related need for the specific assistive animal at issue.

VI.  GUESTS AND SUBLETTING

 

57.  Guests and visitors shall be the sole responsibility of the Tenant inviting the guest, and each guest and visitor shall be subject to the same Rules and Regulations as Tenant.

 

58.   Guests using the Resort facilities must be accompanied by a responsible Tenant.

 

59.   Guests and visitors are not permitted to bring pets into the Resort.

 

60.  Tenants are responsible for registering and paying the required “Guest Fee” for any guest who stays with Tenant in the Resort.

 

61.  Guests are limited to a maximum stay of thirty (30) days in any twelve (12) month period.  After that, they become unauthorized occupants and must vacate unless and until they submit an application for residency, are approved by Landlord in writing, and either sign a Rental Agreement with the Resort, are added to the Rental Agreement as an approved occupant, or sign an occupant addendum with the Landlord and Tenant.  

 

62.  Guests may not stay in any camper, RV, travel trailer, or other unit parked in a Tenant’s driveway.  A guest may only stay, subject to the limitations set forth herein and in Tenant’s Rental Agreement, in the Tenant’s approved unit.  

 

63.  SUBLETTING/USE OF SPACE.  Subleasing of the home site or home is only permitted with the Landlord’s prior written approval.  An application for approval of your proposed subtenant must be submitted to Management before any renter may occupy the home site.  All information regarding who will be subleasing your unit must be submitted to the Management Office at least thirty (30) days before the proposed subtenant’s arrival.  Subletting an empty home site is prohibited.  Any subtenants/renters must comply with all of these Rules and Regulations and Tenants are responsible for familiarizing them with these Rules.  All Resort age requirements must be met and complied with.  The Resort’s primary tenant shall remain responsible for all costs including but not limited to rent, utilities, and any other fees and charges.  The primary tenant may not use the unit or the Resort’s facilities or amenities when the unit is being sublet.  Owners of all rental units in the Resort must be current approved tenants of the Resort.  A $35.00 sublet fee is charged and must be paid to the Management Office for each subletting term.  This fee is subject to change by Management.   All homes must be owner occupied unless prior written permission for subleasing is obtained.  Tenant must provide a copy of the title to Tenant’s home upon request.  Units in the Resort may not be purchased for the sole purpose of subletting/renting them out; the Resort is primarily intended to be a seasonal or year-round residential community rather than a vacation rental property.  

 

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VII. SALE OR EXCHANGE OF RV OR PARK MODEL HOME

 

64.  One “For Sale” or “Open House” sign (during an active open house), not exceeding 12 inches by 18 inches, may be displayed only on the unit or in the unit’s front window.  This rule does not apply to signage used by landlord to market landlord home sales.  No other signs are permitted on a Tenant’s space.  A pre-approved sale sign may also be placed on the Resort’s posting board.  

 

65.  Tenants must notify Management if Tenants intend to sell or exchange their RV or park model unit before beginning marketing or sale efforts.  

 

66.  Current Tenants must notify the Manager at least two (2) weeks in advance of the closing date so the buyer of the home may be considered for approval by the Resort.

 

67.  Tenants cannot guarantee prospective buyers will be approved for residency.  A prospective buyer has no rights of tenancy until the buyer has met all of the Resort’s tenancy qualifications and has signed a Rental Agreement with the Resort.  As an additional condition to Resort approval of any buyer as a tenant, the Resort may require that any outstanding balance owed to the Resort be paid.  If the buyer does not qualify and the sale of the home is finalized, the home must be moved from the Resort at the time of sale.

 

68.  Residents should meet with management to determine what upgrades, if any, must be done to bring the home to Resort standards.  All work must be done prior to sale or the buyer will be required to bring the home into compliance as a condition of approval for residency.  Any home sold “on site” must be brought into compliance with all Resort standards in order to remain in the Resort.  

 

69.  Management may require a home being sold to be removed from the Resort if (1) the home cannot reasonably meet standard specifications determined by the Resort for that home site; or (2) if the home is in run-down condition or in disrepair in the judgment of Management, in Management’s sole discretion. 

 

70.  Park model Tenants are advised that their Rental Agreements may contain a right of first refusal provision for park model homes.  If during the term of the Tenant’s Rental Agreement or any extension thereof, the Tenant shall accept an offer to purchase the Tenant’s park model home, or if the Tenant intends to enter into an agreement for the sale of said home, the Tenant shall first give the Landlord written notice setting forth the name, address, and phone number of the prospective buyer, the purchase price, and all of the terms and conditions of the proposed sale.  The Tenant shall attach a true and accurate copy of the purchase offer to the written notice to Landlord.  After delivery of such notice, Landlord shall have the right to purchase the Tenant’s park model home upon the same terms and conditions.  The right of first refusal shall be exercised by certified mailing or personal delivery to Tenant within 72 hours of receipt of the required written notice.  Should Landlord elect not to purchase on such terms and within said 72 hours, the right of first refusal shall be deemed expired, and Tenant may proceed to sell the park model home upon the terms and conditions set forth in the written notice to Landlord.  This provision does not apply to sales by Tenants to individuals who intend to keep their park model home on the space in the Resort, who intend to reside therein for a period of twelve (12) months or more, and who make application to Landlord for approval as Tenants and who are in fact approved.  The right of first refusal is a material term of Tenant’s Rental Agreement and of these Rules and Regulations, and in its absence, the rent that Tenants of the Resort pay would be significantly higher.

 

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VIII. ANTENNAS AND SATELLITE TV SERVICE

 

71.  No exterior radio or television antennas or dishes, or similar items may be erected on the home or the space except in compliance with this rule.  Antennas one meter or less in diameter or diagonal measurement which are designed for over-the-air receptions of signals from satellite, wireless cable or television broadcasting facilities, together with their associated mounting hardware and mast, if applicable, may be installed subject to the following restrictions:

 

A.  The installation must not be visible from any other space, the common area or any street.  If this is not possible without impairing the ability to receive signals, the installation must be screened by landscaping or other means approved by the Resort to minimize visibility without impairing receipt of the signal.  If it is necessary to receive an adequate signal that the installation is visible from another space, the common area or a street, all components must be painted a color that will blend into the background against which the installation is mounted.

 

B.  Under no circumstances may a mast be higher than the height necessary to establish line of sight contact with the transmitter, and in any event, it may be no higher than the minimum height required by applicable law or regulation.

 

C.  All locations, manner of installation, screening and color must comply with these restrictions.  Locations on the space must be pre-approved by the Resort.  It is recommended that all installations be reviewed with Resort Management before actual work is commenced to ensure that these restrictions will not be violated.

 

D.  Satellite TV Service.  Inquire with the Resort office regarding satellite television service that is available in the Resort. 

 

IX.  FLAGS AND FLAG POLES

 

72.  Prior written permission from Resort management must be obtained before adding any item to a space or the exterior of a home, including but not limited to a flag pole and/or flag.  Obscene, offensive, or inappropriate flags will not be approved.  Management’s decision with regard to what constitutes “obscene, offensive, or inappropriate” shall be final and conclusive. 

 

73.  Flags may be flown between sunrise and sunset.  If flags are flown at night, the flag must be lighted.  Lighting must be installed in such a way as not to disturb neighbors. 

 

74.  Flags may not be flown in a hazardous manner.  Flags must be high enough as not to obstruct the view of the road.  The flag must be attached to the flagpole in a manner assuring that the flag will not become twisted around the flagpole, and in a manner that will ensure that noise from the flag and flagpole will not disturb neighbors.  If noise complaints are received regarding the flag, the hardware must either be replaced with hardware that does not make excessive noise, or the flag must be removed. 

 

75.  Tenants are responsible for the presentation, care, cleaning, and maintenance of their flag and flagpole.  Faded or torn flags must be promptly replaced.  Flagpoles must be kept clean.  If painted, paint must not be allowed to become dull.  No rust is permitted.  Flags will not be flown during inclement weather unless an “all weather flag” is used.   

 

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X. REMOVAL OF PARK MODEL HOMES

 

76.  Tenants or their successors in interest may remove their park model homes from the Resort as provided in A.R.S. § 33-2105 and in compliance with these Rules and Regulations.  Tenant must provide the Resort with a Notice of Removal of Park Model Home from Resort not less than thirty (30) days prior to move-out (this time is necessary for management to make arrangements to enable the move-out).  A form of notice is available from the management office.

 

A. Tenant must designate a person or entity that will be responsible for the move-out.  If this responsible party is not licensed as a contractor by the Arizona Registrar of Contractors, a move-out deposit of $2,500.00, less any security deposit of Tenant's then held by the Resort, and paid via money order or cashier’s check, must be posted.

 

B. Before the park model home is removed, Tenant and/or Tenant’s moving company must provide the Resort with a certificate of insurance evidencing that the mover is insured in case any damage is done to the Resort during the move-out.  

 

C.  When the park model home is removed, all necessary and accessory structures such as sheds, awnings, carports, fences, Arizona rooms and the like must also be removed unless the Resort agrees otherwise in writing.

 

D.  When the park model home is removed, all concrete on the space (including but not limited to patios, the pad on which the home was installed, carports, and driveways), and all landscaping and landscaping materials, must be removed unless the Resort agrees otherwise in writing.  

 

E.  When the park model home is removed, the space must be left completely clear and clean, with all holes and depressions filled in with clean fill dirt, so that the space is restored to a condition as if no home had ever been placed on it, and so that it is ready for the placement of a new home.   

 

F.  When the park model home is removed, all holes and depressions must be filled in.  The space must be graded and level, and approximately the same level as adjoining lots.  If fill dirt is necessary, Tenant is responsible for supplying clean fill dirt.

 

XI. MISCELLANEOUS

 

77.  The office will be open as posted on the door.  Incoming telephone messages for residents will be accepted only in the case of emergency and Landlord accepts no duties relating to the delivery of the message or liability therefore.

 

78.  The Management will make every reasonable effort to provide a clean and safe environment, however, we disclaim any responsibility for any losses resulting from fire, theft, accident or natural disasters.  No violation of any law or ordinance of the city, county or state will be tolerated.  No activities shall be permitted which would place the management or owner of these premises in violation of the law.

 

79.  Vendors/Contractors.  Any vendors or contractors working in the Resort must file with the Management Office copies of certificates of insurance, workman’s compensation, and a copy of their contractor’s license before performing work.  Non-compliance may result in denial of entry to the Resort.  

 

80.  Marijuana.  The Resort has determined that the use, possession, distribution, or manufacture of marijuana will interfere with the health, safety, welfare, and right to peaceful enjoyment of the premises by other residents.  In accordance with the Crime Free Addendum and supporting federal laws, any use of marijuana (medical or otherwise) by the tenant or the tenant’s guests will result in immediate termination of tenancy.  This includes both public and private use. 

 

81.  Firearms and Fireworks.  Firearms may not be worn in the Resort or openly displayed except by sworn law enforcement personnel at any time except as provided below (restrictions not applicable to sworn law enforcement personnel). Violation of any of these firearms restrictions by any resident, visitor or guest shall constitute a material and irreparable breach and shall be cause for immediate termination of tenancy. Tenants, tenant’s guests and visitors:  

 

1.  May carry a firearm in personal vehicles and may store a firearm in a locked vehicle while in the Resort, as long as any such firearm is not visible from outside the vehicle.

 

1.  May have a firearm within the mobile home.

 

1.  May carry a firearm between vehicles and the mobile home in a box, holster or other device that does not display the firearm to others.

 

1.  Except when transporting a firearm directly between a vehicle and the home may not carry a firearm in a public or common area of the Resort.

 

1. No firearms are permitted in the leasing office at any time.

 

1. May not brandish or display a firearm in any common or public area of the property.

 

1. May not threaten other residents, occupants, visitors or staff with a firearm, whether the firearm is displayed or not.

 

1. May not unlawfully discharge a firearm anywhere in the Resort for any reason at all.

 

1. May not leave a firearm in an unlocked vehicle at the property.

 

1. May not leave a firearm in a locked vehicle if the firearm is visible from outside the vehicle.

 

Fireworks of all kinds including but not limited to sparklers are prohibited in the Resort.  Igniting any kind of fireworks in the Resort including but not limited to lighting a sparkler by any resident, visitor or guest shall constitute a material and irreparable breach and shall be cause for immediate termination of tenancy.

82.  No Smoking.  Smoking is prohibited in all buildings, common areas, and Resort facilities.  Additionally, smoking is prohibited within twenty (20) feet in all directions measured from each outer edge of any entrance, any open window, or any ventilation system in the Resort.  For purposes of this Rule, the term “smoking” means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, or other tobacco product or similar lighted product in any manner or in any form.  “Product” means any organic product including but not limited to marijuana (including but not limited to “medical marijuana”).  “Smoking” also includes the use of “E-cigarettes” and similar devices that mimic normal smoking by the use of battery powered heating elements that create vapor, flavored or otherwise.  The use of marijuana in the Resort—including but not limited to medical marijuana—is prohibited and constitutes a violation of the Tenant’s Crime Free Addendum with the Resort, and a violation of these Rules.

83.  Drones/Remote-Controlled Vehicles.  The operation of remote-controlled vehicles, aircraft or drones is prohibited.  This includes not only the vehicle, drone or aircraft being operated in or over the Resort but also one being controlled by an individual inside the Resort.  These devices are inherently dangerous and violation of this rule by a tenant or member of the tenant's household or visitor is cause for immediate service of a termination of tenancy notice.

84.  Tenants, residents, and guests may not waste water or other natural resources.  Tenants may not turn on a hose and leave it running unattended.  Established trees and shrubs should be watered every two weeks.  Young plants should be watered no more than once weekly.  Established fruit trees should be watered only every two weeks.  Wasting water is a material violation of these Rules.   

85.  Complaints on any subject must be received by Resort management in writing.  Forms for this purpose are available from management.  

86.  Tenants are reminded that it is their responsibility to have adequate homeowners’ insurance coverage in case of damage that causes them to be in violation of Resort Rules, as well as the risk of financial hardship resulting from insufficient coverage.  Tenants must also investigate whether fire department response insurance is needed if the Resort is in an unincorporated area.   

87.  Any failure of Landlord to require compliance with or exercise any right pursuant to these Rules and Regulations shall not be construed as a waiver by Landlord of any provision of these Rules and Regulations, and shall not affect the validity or enforceability of any provision of these Rules and Regulations.

 

88.  The on-site Resort managers are not authorized to make any representations not contained in the Tenant’s Rental Agreement or these Rules and Regulations, or to strike or amend the provisions of the Rental Agreement, or these Rules, in any way.  Any modification to the Rental Agreement, or to these Rules, must be in writing signed by an authorized representative of Resort ownership.  

 

89.  Although these Rules are specific, it is impossible for them to deal with every possible eventuality.  Therefore, basic standards of decency are applicable to all, and Tenants and their occupants, guests, visitors, and invitees must conduct themselves in a reasonable manner so as not to say or do anything to adversely affect their neighbors or the ownership or Management of the Resort.  These Rules apply to Tenants, their guests, occupants, visitors, invitees, or any person in the Resort with the permission of anyone living in the Resort.  

 

90.  Each provision of these Rules is separate and distinct and individually enforceable.  In the event that any provision is declared unlawful, the enforceability of all other provisions shall not be affected.  

 

91.  Emergencies.  In case of emergency when the Resort office is closed call the number below to report the matter to management.  If the emergency is a medical, fire or police emergency, call 911.  Any payphone may be used to call 911 without the need for a coin.  There are emergency phones available at the Resort in the ballroom, by the activity office, on the 2nd floor by the elevator, and in the walkway between the laundry and outdoor pool area.  Those phones ring automatically to the Gate House.  Emergency Management Contact Number: (623) 695-6238 

GENERAL AMENITIES ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY