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When Recorded, Return to:

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AMENDED AND RESTATED

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

OF WALNUT MEADOWS AT FAIRFIELD COUNTRY CLUB ESTATES

This Amended and Restated Declaration of Covenants, Conditions and Restrictions of Walnut

Meadows at Fairfield Country Club Estates is made effective as of the date of the recording hereof in the

Office of the Coconino County Recorder.

WITNESSETH

WHEREAS, on May 23, 1995, Circle G Development Company, an Arizona corporation

(“Declarant”) recorded the Declaration of Covenants, Conditions and Restrictions of Walnut Meadows at

Fairfield Country Club Estates (the “Original Declaration”) at instrument no. 95-14590 in the Official

Records of Coconino County, Arizona, which imposed certain covenants, conditions and restrictions on

the real property located in Coconino County, Arizona described therein, and

WHEREAS, on August 8, 1995, Declarant recorded the Amendment to the Declaration of

Declaration of Covenants, Conditions and Restrictions for Walnut Meadows at Fairfield Country Club

Estates (the “First Amendment”) which amended the Original Declaration, as instrument no. 95-22229 in

the Official Records of Coconino County, Arizona, which imposed certain covenants, conditions and

restrictions on the real property located in Coconino County, Arizona described therein, and

WHEREAS, November 2, 1995, Declarant recorded the Second Amendment to the Declaration of

Declaration of Covenants, Conditions and Restrictions for Walnut Meadows at Fairfield Country Club

Estates (the “Second Amendment”) which amended the Original Declaration, as instrument no. 95-31906

in the Official Records of Coconino County, Arizona, which imposed certain covenants, conditions and

restrictions on the real property located in Coconino County, Arizona described therein, and

WHEREAS, the Original Declaration may be amended by an instrument signed by the Owners

owning not less than seventy-five (75%) of the Lots within the Subdivision, and

WHEREAS, the the undersigned individuals constitute the Owners of not less than not less than

seventy-five (75%) of the Lots within the Subdivision, and

WHEREAS, by executing this Declaration, the undersigned Owners of Lots intend to amend and

restate in its entirety the Original Declaration as hereinafter set forth.

NOW, THEREFORE, the Original Declaration is hereby amended and restated in its entirety to

provide as follows:

Deleted: (Return to Hawkins & Campbell via 24-Hr. Turnaround)¶ROBERTS & ROWLEY, LTD.¶63 East Main Street¶Suite 501¶Mesa, Arizona 85201-7417

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Deleted: , 1995, by CIRCLE G DEVELOPMENT COMPANY, an Arizona corporation (“Declarant").

Katy_Kuhns

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FIRST DRAFT MAILED TO OWNERS 03.10.16

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NOW, THEREFORE, all of the real property described below shall be held, sold and conveyed

subject to the easements, restrictions, covenants and conditions contained in this Declaration which are

for the purpose of protecting the value and desirability of, and which shall run with, said real property and

be binding on all parties having any right, title or interest in said real property or any part thereof, their

heirs, successors and assigns, and shall inure to the benefit of each Owner thereof:

Lots 1 through 158, inclusive, WALNUT MEADOWS AT FAIRFIELD

COUNTRY CLUB ESTATES, according to the plat recorded in Book 6 of

Maps, Page 30 and 30A in the official records of Coconino County,

Arizona, and

Tracts A through G, inclusive, WALNUT MEADOWS AT FAIRFIELD

COUNTRY CLUB ESTATES, according to the plat recorded in Book 6 of

Maps, Page 30 and 30A in the official records of Coconino County,

Arizona (the "Common Area");

PART 1

Definitions

The following words, phrases or terms used in this Declaration shall have the following meanings:

1.1 “Architectural Control Committee” or “Committee” shall mean the Architectural Control

Committee appointed by the Association pursuant to this Declaration.

1.2 “Articles” shall mean the Articles of Incorporation of the Association, as amended from

time to time.

1.3 "Association" shall be synonymous with "Homeowners’ Association" and shall mean the

Walnut Meadows at Fairfield Country Club Estates Homeowners Association, an Arizona non-profit

corporation.

1.4 “Board” shall mean the Board of Directors of the Association.

1.5 “Bylaws” shall mean the Bylaws of the Association, as amended from time to time.

1.6 "Common Area" shall mean the real property described above as "Common Area" that

shall be deeded by the Declarant to the Association, together with any additional real property hereafter

acquired by the Association within the Subdivision.

1.7 "Declarant" shall mean Circle G Development Company, an Arizona corporation, or its

successors or assigns as to the Declarant's rights.

Deleted: WHEREAS, Declarant is the Owner of both legal and equitable title of the following described real property situated within the County of Coconino, State of Arizona, to wit:¶

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Deleted: ¶WHEREAS, Declarant is the Owner of both legal and equitable title of the additional real property situated within the County of Coconino, State of Arizona, more fully described on in the attached Exhibit A (the "Expansion Property"); and,¶WHEREAS, Declarant intends to develop the Subdivision; and,¶WHEREAS, Declarant may annex the Expansion Property into the Subdivision; and,¶WHEREAS, Declarant desires to and hereby does reserve to itself, its successors and assigns, the right to exercise the powers and duties set out in this Declaration; and¶WHEREAS, in order to enable Declarant to accomplish the purposes outlined above, all of the Subdivision Property is hereby subjected to and shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with the Subdivision and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall enure to the benefit of each Owner thereof.¶NOW, THEREFORE, Declarant hereby declares, covenants and agrees as follows:

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1.8 "Declaration" shall mean the covenants, conditions and restrictions herein set forth in this

entire document, as it may from time to time be amended or supplemented.

1.9 “Developer” shall mean and refer to Circle G Development Company, an Arizona

corporation.

1.10 “Dwelling Unit” shall mean any building, or portion of a building, situated upon a Lot and

designed and intended for independent ownership and for use and occupancy as a residence.

1.11 “Improvement” shall mean buildings, roads, driveways, parking areas, fences, walls,

rocks, hedges, plantings, planted trees and shrubs, and all other structures or landscaping improvements

of every type and kind.

1.12 "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map

of the Subdivision, except any such plots designated as a "Tract" or "Exception" thereon.

1.13 “Member” means any Person who is a Member of the Association.

1.14 "Owner(s)" shall mean and refer to the record Owner, whether one or more persons or

entities, of equitable or beneficial title (or legal title if same has merged) of any Lot. Owner shall include

the purchaser of a Lot under an executory contract for the sale of real property. The foregoing does not

include persons or entities who hold an interest in any Lot merely as a security for the performance of an

obligation.

1.15 “Person” means a natural person, corporation, business trust, estate, trust, living trust,

partnership, association, joint venture, government, governmental subdivision or agency, or other legal or

commercial entity.

1.16 “Plat” means the plat of WALNUT MEADOWS AT FAIRFIELD COUNTRY CLUB

ESTATES, recorded in Book 6 of Maps, 0 and 30A in the official records of Coconino County, and

all amendments, supplements and corrections thereto.

1.17 “Property” or "Subdivision" shall mean all of the Lots and Common Area within Walnut

Meadows at Fairfield Country Club Estates, as more fully described above.

1.18 “Rules” shall mean the Rules and Regulations adopted by the Association, as amended

from time to time.

1.19 "Visible from Neighboring Property" shall mean with respect to any given object, that

such object is or would be visible to a person six feet tall standing at ground level on any part of such

neighboring property.

PART 2

Permitted Uses and Restrictions


Deleted: "Expansion Property" shall mean that real property described on the attached Exhibit A that may be annexed into the Subdivision in accordance with the provisions of Part 8 herein.


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2.1 Subdividing. No Lot shall be re-subdivided into smaller Lots nor conveyed or encumbered

in less than the full original dimensions of such Lot as shown by the recorded Plat. Nothing herein

contained shall prevent the dedication or conveyance of portions of Lots for public utilities purposes, in

which event the remaining portion of such Lots shall, for the purpose of this provision, be treated as a

whole Lot.

2.2 Residential Use. Lots within the Subdivision shall be single-family residential Lots, and

there may be erected on any one Lot not more than one single-family residence, plus such accessory and

auxiliary garages, guest house and servants' quarters as are incidental to single-family residential use. No

other buildings shall be erected on any of said Lots. No gainful occupation, profession, trade, business or

other nonresidential use shall be conducted on any Lot or in or from any Dwelling Unit, except that an

Owner or other resident of a Dwelling Unit may conduct a business activity within a Dwelling Unit so long

as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or

smell from outside the Dwelling Unit, (ii) the business activity conforms to all applicable zoning ordinances

of the City of Flagstaff, and (iii) the business activity is consistent with the residential character of the

Property and does not constitute a nuisance or a hazardous or offensive use or threaten security or safety

of other residents in the Property, as may be determined from time to time in the sole discretion of the

Board. The terms “business” and “trade” as used in this Section shall be construed to have ordinary,

generally accepted meanings, and shall include, without limitation, any occupation, work or activity

undertaken on an ongoing basis which involves the provision of goods or services to persons other than

the provider’s family and for which the provider receives a fee, compensation or other form of

consideration, regardless of whether (a) such activity is engaged in full or part time, (b) such activity is

intended or does generate a profit, or (c) a license is required for such activity..

2.3 Plan Approval. Except as provided herein, no single-family residence, garage, guest

house, shed, fence or other structure shall be constructed within the Subdivision without having first

obtained the prior approval of its design, location and materials by the Architectural Control Committee as

described herein. All such approvals shall be obtained pursuant to the provisions and requirements of

Part 5 herein.

2.4 Construction Permitted. All structures erected within the Subdivision must be of new

construction, and no buildings or structures may be moved from any other location onto any of the Lots or

tracts.

2.5 Minimum Livable Area. All single-family residences constructed on Lots 72 through 81,

inclusive, and Lots 147 through 158, inclusive, within the Subdivision shall contain a total minimum livable

area of 1600 square feet on grade level and above-grade level, with or without a basement. Split-level

residences constructed on Lots 72 through 81, inclusive, and Lots 147 through 158, inclusive, containing

a grade level, sub-grade level and above grade level shall contain a minimum livable area on the grade

level and sub-grade level combined of not less than 55% of the total square footage of the residence. All

single-family residences constructed on Lots 1 through 71, inclusive, and Lots 82 through 146, inclusive,

Deleted: Until the commencement of construction of the first dwelling wi thin the Subdivision, a Lot may be re-subdivided into smaller Lots by recording an amended or substituted plat; a fter the commencement of construction of the first dwelling within the Subdivision, n


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within the Subdivision shall contain a total minimum livable area of 1370 square feet on grade level and

above-grade level, with or without a basement. Split-level homes constructed on Lots 1 through 71,

inclusive, and Lots 82 through 146, inclusive, containing a grade level, sub-grade level and above-grade

level shall contain a minimum livable area on the grade level and sub-grade level combined of not less

than 55 % of the total square footage of the residence. All square footage requirements shall be exclusive

of open porches, pergolas or attached garages.

2.6 Roofs. All residences must have a Dutch gable, gable or hip roof. No flat roof shall be

permitted. All residences shall have a minimum of 5/12 pitched roof.

2.7 Garages. All single-family residences shall be constructed with a minimum of one two-car

garage enclosed with garage doors. No single or double carport shall be allowed.

2.8 Commencement of Construction. No detached garage, guest house or similar structure

shall be erected on any Lot until construction of the primary single-family residence (complying with these

restrictions) shall have been commenced on the Lot, and no detached garage or guest house shall be

maintained or occupied until construction on the single-family residence on such Lot is finished and ready

for occupancy. Any detached garage, guest house or similar structure erected on any Lot shall be of the

same design and constructed of the same materials as the permanent residence on the Lot.

2.9 Permanent Structure. No garage, guest house, trailer, mobile home, motor home, motor

vehicle or any temporary structure of any nature may be used temporarily or permanently as a residence

on any Lot. All permanent structures on all Lots shall comply with all minimum yard setback requirements

established by the zoning ordinance of the City of Flagstaff, Arizona, applicable to such Lot, as it may be

amended from time to time..

2.10 General Upkeep. All clothes lines, yard equipment, garbage cans and service yards shall

be kept screened by adequate planting or fencing so as to conceal them from view of neighboring parcels

and streets. All rubbish, trash or garbage shall be removed from the premises of all Lots and shall not be

allowed to accumulate thereon.

2.11 Repair of Building. No Dewlling Unit, building, landscaping or other Improvement upon

any Lot shall be permitted to fall into disrepair, and each such Dwelling Unit, building, landscaping or

other Improvement shall at all times be kept in good condition and repair by the Owner thereof.

2.12 Antennas. Subject to applicable laws, no antenna, satellite television dish antenna,

abandoned equipment or other device for the transmission or reception of television or radio signals or

any other form of electromagnetic radiation, including, but without limitation, Citizen's Band or Ham Radio

signals shall be erected, used or maintained outdoors on any Lot without the prior written approval of the

Architectural Control Committee.

2.13 Motor Vehicles. Except for emergency vehicle repair, no automobile or other motor

vehicle shall be constructed, reconstructed or repaired upon a Lot or Common Area in the Subdivision

except wholly inside a garage, and no inoperable vehicle may be stored or parked on a Lot, street,

Common Area or other property in the Subdivision. Motorcycles, mopeds, mini-bikes, trail bikes, all-terrain

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Deleted: ¶Landscaping. Each front yard of Lots 1 throug h 71, inclusive, and Lots 82 through 146, inclusive, shall be required, as a minimum, to be landscaped with three five-gallon trees, ten one-gallon shrubs, and one twenty-four-inch box tree. In addition, each yard shall be leveled, two-thirds (2/3) covered with sod (or other approved ground cover), and shall have an automatic sprinkler system. Each front yard of Lots 72 through 81, inclusive, and Lots 147 through 158, inclusive, shall not be subject to such minimum requirements, but shall be landscaped in accordance with a landscaping plan submitted and approved by the Architectural Control Committee for each of those Lots, respectively. The Owner shall fully landscape the Lot in accordance with a landscape plan approved by the Architectural Control Committee within three (3) months from the close of his purchase of the Lot (weather permitting; and if not, as soon thereafter as reasonably possible). If the Owner fails to comply with the provisions of this section within the permitted time period, then the Association or Committee may require compliance and shall have the rights and remedies provided in this Declaration to force such complia nce



Deleted: No outside antenna or broadcasting tower shall be erected on any of the Lots; provided, however, that a satellite dish may be permitted if it is not visible from any street, or as otherwise specifically approved by the Architectural Control Commitee. Any television antenna must be contained within the attic of a home (or other approved structure).

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vehicles, or other similar vehicles shall not be operated in the Subdivision (except for loading or

unloading) except on paved streets, and then only if the vehicle is equipped and licensed to be street

legal, and such vehicles shall be equipped with a muffler in good working order that is in constant use to

prevent excessive or unusual noise.

2.14 Trucks, Trailers, Campers and Boats. Subject to applicable statutes, no commercial

truck, motor home, travel trailer, tent trailer, trailer, camper shell, detached camper, recreational vehicle,

boat, boat trailer, or other similar equipment or vehicle may be parked, maintained, constructed,

reconstructed or repaired on or adjacent to any Lot, Common Area, street, or other portion of the

Subdivision; provided, however, this provision shall not apply to (a) pickup trucks equal to or less than

one-ton of capacity and mini-motor homes not exceeding seven feet in height and eighteen feet in length

which are used on a regular and recurring basis for basic transportation, (b) utility trailers temporarily

parked during daylight hours while actively being used in work projects provided that such parking does

not create a hazard, (c) trucks such as delivery trucks and moving vans temporarily parked during

daylight hours while actively being used for their intended purposes, (d) recreational vehicles temporarily

parked in the Owner’s driveway during daylight hours when preparing for or returning from a trip, (e)

recreational vehicles, boats or trailers parked in an Owner’s driveway for not more than a total of two

consecutive nights per week nor more than four nights in any calendar month solely for the purpose of

loading, unloading or cleaning the vehicle or (f) recreational vehicles of guests parked in an Owner’s

driveway for not more than two consecutive nights while visiting the Owner or resident.

2.15 Towing of Vehicles. The Association shall have the right to have any truck, motor home,

travel trailer, tent trailer, trailer, camper shell, detached camper, recreational vehicle, boat, boat trailer, or

similar equipment or vehicle or any automobile, motorcycle, motorbike, or other motor vehicle which is

parked, kept, maintained, constructed, reconstructed or repaired in violation of the Declaration or Rules

towed away at the sole expense of the owner of the vehicle or equipment. Any expense incurred by the

Association in connection with the towing of any vehicle or equipment shall be paid to the Association

upon demand by the owner of the vehicle or equipment. If the vehicle or equipment is owned by an

Owner or lessee, then any amounts payable to the Association shall be secured by an assessment lien

against the Owner's Lot, and the Association may enforce collection of such amounts in the same manner

provided for in the Declaration for the collection of assessments.

2.16 Animals. No animals of any kind, including livestock or poultry, may be raised, bred or

kept on any Lot, except a reasonable number of dogs, cats or other generally recognized house or yard

pets, and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial

purposes. No animal shall be allowed to make an unreasonable amount of noise or to become a

nuisance. No Owner or any lessee or guest of an Owner shall permit any dog or other pet being kept on a

Lot to relieve itself on another Owner's Lot or the Common Area. It shall be the responsibility of such

Owner, lessee or guest to remove immediately any pet droppings. No dog, cat or other pet shall be

permitted to run at large and each dog, cat or other pet shall be confined entirely to an Owner's Lot

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Deleted: No motor vehicles, trailers or boars may be parked, and no "parking" slabs may be constructed, on the side of any Lot, except (i) those that are enclosed within and hidden from view by fencing approved by the Architectural Control Committee, and (ii) those that have been otherwise specifically approved by the Architectural Control Committee. Campers, horse trailers and boats may be parked on the back of any Lot; provided that any such parking area shall be attractively screened or concealed so as not to be visible from neighboring property, roads or streets, and then only with the prior approval of the Committee. All other trucks, vehicles and equipment shall not be kept on any Lot or street except in a private garage. No motor vehicle which is under repair or not in operating condition shall be placed or permitted to remain on any street or streets, or any portion of any Lot or Lots unless it is within an enclosed garage or structure.

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except that a dog, cat or other pet shall be permitted to leave an Owner's Lot if such dog, cat or other pet

is at all times kept on a leash in compliance with the City of Flagstaff code and is under the direct control

of the Owner. Notwithstanding the foregoing, the Board of Directors is authorized to determine in its sole

discretion and on a case-by-case basis, whether any particular animal is to be considered a “generally

recognized household pet” or whether the number of pets on any Lot is reasonable. Upon the written

request of any Owner, the Board shall conclusively determine, in its sole discretion, whether a particular

animal is a nuisance or the number of animals on any such property is unreasonable. Any decision

rendered by the Board shall be enforceable in the same manner as other restrictions contained herein.

2.17 Signs. No emblem, poster, advertisement, logo, sign or billboard of any kind, including,

but not limited to, “For Sale” or “For Rent” signs, shall be displayed on any Lot without the prior written

approval of the Architectural Control Committee; except for the following signs: (i) one security sign not to

exceed 9” x 12” may be posted on the Lot while the Owner or lessor subscribes to the security service

and shall be removed upon termination of service (ii) one “for sale” sign and one “for lease” sign may be

posted on the Lot, which conforms with industry standards: not to exceed 18” x 24” plus a “rider” not to

exceed 6” x 24”. No flyer boxes, information tubes, or other types of attachments containing property

information are permitted. All “for sale” signs and “for lease” signs must be commercially produced; (iii)

temporary open house signs may be displayed on a Lot as permitted by A.R.S. §33-1808, as amended,

and by any successor statute thereto, provided, however, open houses shall not be held before 8:00 a.m.

or after 6:00 p.m.; (iv) any signs as may be required by legal proceedings; (v) such signs as are approved

by the Architectural Control Committee; and (vi) political signs maybe displayed on a Lot subject to the

following: Political signs may be displayed not more than seventy-one (71) days prior to any election.

Political signs must be removed within three (3) days after an election day. The total political sign area

cannot exceed the maximum size limit established from time to time by applicable City of Flagstaff

ordinances. All political signs must be commercially produced. No signs may be displayed on the

Common Area.

2.18 Tanks. No elevated tanks of any kind shall be erected, placed or permitted on any Lots.

Any tank, including tanks for the storage of fuel, must be buried or attractively screened to conceal the

tank from neighboring Lots, roads or streets, and then only with the prior approval of the Architectural

Control Committee.

2.19 Fenced Areas. Each Owner of a Lot numbered 52 through 71, inclusive, shall enclose his

back and side yards with six-foot fencing; the south side of his back yard with a fence consisting of a two-

foot poured concrete or block stem wall and four-foot wood fencing with metal posts and metal gate

hangers on top thereof and all other back and side yards with six-foot wood fencing constructed with

metal posts and metal gate hangers, the design of all of which must be approved in advance by the

Architectural Control Committee.

Each Owner of a Lot numbered 5, 6, 13, 14, and 15 shall enclose his back and side yards with

six-foot wood fencing, constructed with metal posts and metal gate hangers of such size and design as

Deleted: No animals,reptiles, fish or birds of any kind shall be kept on any Lot; provided, however, that a reasonable number of dogs, cats, birds or fish may be kept on a Lot as household pets if such pets are not a nuisance or threat to other Lot Owners and are not kept, bred or maintained for commercial purposes. All such household pets must be kept within a fenced area, encaged or otherwise controlled and not allowed to wander off or fly about. At no time will swine, peacocks, pigeons or geese be allowed. <sp>On the written request of any owner, the Architectural Control Committee shall conclusively determine (in its sole discretion) whether for the purposes of this Section, a particular animal, bird, fowl, poultry or livestock is generally a recognized household pet, whether such pet is a nuisance, or whether the number of such pets on any property is reasonable. Any decision rendered by the Committee shall be enforceable in the same manner as any other restriction contained herein.

Deleted: No exterior signs or advertisements of any kind shall be placed, allowed or maintained on any Lot, except that mailboxes, residential name plates and "For Sale" and "For Rent" signs of a size not in excess of 480 square inches may be placed and maintained on a Lot in conformity with common specifications. Exceptions to this restriction will be the Developer's signs during construction and sale of property.

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are approved by the Committee; provided, however, that such Owners shall not be required to enclose

the side of any of said Lots that are directly adjacent to a lake. If the Owner of any of said Lots elects to

construct a fence on the side of his Lot that leads to a lake, the location, design and type of materials for

such fence shall be approved in advance by the Architectural Control Committee.

Except as otherwise provided within this Section, the Owner of every Lot within the Subdivision

shall enclose his back and side yards with six-foot fencing, constructed with metal posts and metal gate

hangers of such size and design as are approved in advance by the Committee.

All fencing required hereunder shall be constructed prior to the time that any person occupies the

residence on the Lot and shall be constructed on the Lot boundary line. Each Owner will share the costs

of such fencing with the Owner of an adjoining Lot. If any Owner refuses or fails to pay his proportionate

share of fencing required to be constructed hereunder, then such obligation shall be deemed to create a

lien on his Lot for the amount owed and may be enforced by the Association or the adjcent Owner in a

similar manner to any other lien created by this Declaration. Under no circumstances shall a “chain-link”

fence be permitted.

The cost of reasonable repair and maintenance of all fencing shall be shared by the Owners who

make use of the fence in equal proportions. Notwithstanding the above, in the event that any fence is

damaged or destroyed through the act of an Owner, his agents, tenants, licensees, guests or family, it

shall be the obligation of such Owner to have a licensed contractor rebuild and repair the fence without

cost to the other Owner or Owners.

2.20 Commercial Activities. No hotel, store, multi-family dwelling, boarding house, guest ranch

or any other place of business of any kind, and no hospital, sanitarium or other place for the care or

treatment of the physically or mentally sick or for the treatment of disabled animals shall be erected or

permmitted upon the premises of any Lot, or any part thereof.

2.21 Mineral Exploration. No Lot shall be used in any manner to explore for or to remove any

water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance of any kind.

2.22 Upkeep Assessment. The Owners of all Lots shall keep the same reasonably clean and

clear of weeds and trash so as not to cause an unsightly or dangerous condition, and if such Owner shall

fail after ten (10) days' written notice from the Homeowners' Association or the Architectural Control

Committee to do so, the Association shall have the right to enter upon such Lot and may cause the same

to be cleaned as necessary and assess the actual cost thereof to the Owner of such Lot. Any such

assessment shall be a lien against the Owner’s Lot and may be enforced as set out in Part 7.

2.23 Drainage. The Developer has established appropriate grades as required by the proper

governmental authorities within the Subdivision, and the final grades shall not be disturbed in any manner

which may adversely affect any other residential Lot or property whether within the Subdivision or

elsewhere; nor shall any Owner divert or cause diversion of the surface water from the street adjacent to

his property onto any other property. All surface water shall be left free to its natural flow unless lawfully

diverted to a drainage ditch. The provisions of this section shall be subordinate to the Coconino County

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subdivision regulations governing such drainage.

2.24 Diseases and Insects. No Owner shall permit any thing or condition to exist upon any Lot

within the Subdivision which shall induce, breed or harbor infectious plant diseases or noxious insects.

2.25 Roof-Mounted Equipment. No heating, air-conditioning or evaporative cooling equipment

shall be placed, allowed or maintained anywhere other than on the ground, except solar panels which

have been approved by the Architectural Control Committee.

2.26 Utility and Service Lines. No gas, electric, power, telephone, water, sewer, cable

television or other utility or service lines of any nature or kind shall be placed, allowed or maintained upon

or above the ground on any Lot, except to the extent underground placement thereof may be prohibited

by law or would prevent the subject line from being functional. The foregoing shall not prohibit service

pedestals and above-ground switch cabinets and transformers where required.

2.27 Trash Containers and Collection. No garbage, rubbish or trash shall be placed or kept on

any Lot except in covered containers. In no event shall such containers be maintained so as to be Visible

from Neighboring Property except to make the same available for collection and then only for the shortest

time reasonably necessary to effect such collection. No rubbish or debris of any kind shall be placed or

permitted to accumulate upon or adjacent to any Lot, and no odors shall be permitted to arise therefrom

so as to render any such property or any portion thereof unsanitary, unsightly, offensive or detrimental to

any other property in the vicinity thereof or to the occupants of such other property. No incinerators shall

be kept or maintained on any Lot.

2.28 Burning and Incinerators. No open fires or burning shall be permitted on any Lot at any

time, and no incinerators or like equipment shall be placed, allowed or maintained upon any Lot. The

foregoing shall not be deemed to preclude the use, in customary fashion, of outdoor residential

barbecues or grills.

2.29 Leasing. Any agreement for the lease or rental of a Dwelling Unit on a Lot must be in

writing and shall be subject to the Declaration and the Association’s Rules and must provide that any

violation of this Declaration or the Rules by a lessee or the other occupants shall be a default under the

lease. All leases must be for the entire Dwelling Unit on a Lot and must have a minimum term of thirty

(30) days. There shall be no subleasing of Dwelling Units or assignment of leases. Within ten (10) days

following the execution of a lease, the Lot Owner shall provide the Association with the following

information: (a) the time period of the lease, including the commencement date and expiration date of the

lease term, (b) the names and contact information of each of the adult lessees or other adult persons who

will reside in the Dwelling Unit during the lease term; and (c) a description and the license plate numbers

of the lessees’ or occupants’ vehicles. Any Lot Owner who leases his Dwelling Unit must provide the

lessee with copies of the Declaration and the Association’s Rules. A Lot Owner shall be liable for any

violation of the Declaration or the Association’s Rules by the lessees or other occupants of the Dwelling

Unit and their guests and invitees and, in the event of any such violation, the Lot Owner, upon demand of

the Association, shall immediately take all necessary steps to correct any such violations or, if demanded

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Deleted: No garbage or trash shall be placed or kept on any Property within the Subdivision except in covered containers acceptable to the City of Flagstaff. In no event shall such containers be maintained so as to be visible from neighboring Property except to make the same available for collection and, then, only for the shortest time reasonably necessary to effect such collection.

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10

by the Board of Directors, immediately take all necessary action (including, but not limited to, legal action)

to remove from the Dwelling Unit the lessees and all other persons residing in the Dwelling Unit pursuant

to the lease. The Association may establish rules and regulations concerning the procedure to be utilized

by Lot Owners that seek to rent or lease the Dwelling Unit on the Lot to ensure compliance with this

Section.

PART 3

Homeowners' Association

3 .1 Rights, Powers and Duties: The Association shall be a nonprofit Arizona corporation

charged with the duties and invested with the powers prescribed by law and set forth in the Articles,

Bylaws and this Declaration, together with such rights, powers and duties as may be reasonably

necessary to effectuate the objectives and purposes of the Association as set forth in this Declaration.

The Association shall take title to and shall own all of the Common Area within the Subdivision.

3 .2 Identity of Members: Membership in the Association shall be limited to Owners of Lots

within the Subdivision, as the same be expanded from time to time. An Owner of a Lot in the Subdivision

shall automatically, upon becoming the Owner thereof, be a member of the Association and shall remain

a member of the Association until such time as his ownership ceases for any reason, at which time his

membership in the Association shall automatically cease.

3 .3 Transfer of Membership: Membership in the Association shall be appurtenant to each Lot

in the Subdivision, and a membership in the Association shall not be transferred, pledged or alienated in

any way, except upon the sale of a Lot within the Subdivision and then only to the purchaser, or by

intestate succession, testamentary disposition, foreclosure of mortgage of record or other legal process.

Any attempt to make a prohibited transfer shall be void and shall not be reflected upon the books and

records of the Association.

3 .4 Classes of Members: Class A Members are all Owners. Each Class A Member shall be

entitled to one (1) vote for each Lot owned, provided that no more than one (1) vote shall be applicable to

any Lot.

3 .5 Joint Ownership: When more than one person is the Owner of any Lot, all such persons

shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in

no event shall more than one vote be cast with respect to any Lot. The vote for each such Lot must be

cast as a unit, and fractional votes shall not be allowed. In the event that joint Owners are unable to agree

among themselves as to how their vote shall be cast, they shall lose their right to vote on the matter in

question. If any Owner casts a ballot representing a certain Lot, it will thereafter be conclusively

presumed for all purposes that he was acting with the authority and consent of all other Owners of the

same Lot. In the event more than one vote is cast for a particular Lot, none of the votes shall be counted

and the votes shall be deemed void.

Deleted: Exemption For Purposes of Construction, Development and Sale. The restrictions contained in this Part 2 shall not apply to the Declarant or the Developer(s), their agents, servants, employees, contractors or sub-contractors or other persons on the Property for the benefit of Declarant or Developers. Developers shall also have the right and power to erect and utilize sales offices and models on the Property. Declarant shall also have the right and power to grant easements, amend the Declaration to comply with FHA/VA and FNMA requirements, and to otherwise amend the Declaration during the period of Declarant's control. Declarant shall have the right during the period of construction, development and sale to grant specifically limited exemptions from these restrictions to any other developer, builder or any Owner. Any such exemptions shall be granted only upon the specific request itemizing the exemption requested, the location thereof and the need therefore and the anticipated duration and any authorization thereof shall be similarly itemized. No such exemption shall be broader in terms of activity, location or time than is reasonably required, and shall be for a specified period of time.


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Deleted: The Association shall have two classes of voting membership:¶<#>Class A. Class A Members shall be all Owners within the Subdivision with the exception of the Declarant. Each Class A member shall be entitled to one (1) vote for each Lot owned and shall be subject to a separate assessment or assessments for each Lot owned.¶<#>¶<#>Class B. The Class B Member shall be the Declarant. The Class B Mem ber shall be entitled to three (3) votes for each Lot owned for as long as there is a Class B membership. The Class B membership shall cease and be convened to a Class A membership on the happening of any of the following events, whichever occurs earlier:¶<#>When all of the Lots have been conveyed to purchasers; or¶<#>When the Declarant notifies the Association in writing that i t relinquishes i ts Class B membership; or¶On January 1, 1999.


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3.6 Corporate Ownership: In the event any Lot is owned by a corporation, partnership or

other association, the corporation, partnenhip or association shall be a Member and shall designate in

writing at the time of acquisition of the Lot an individual who shall have the power to vote the

membership. and in the absence of such designation and until such designation is made, the chief

executive officer, if any, of such corporation, partnership or association shall have the power to vote the

membership, and if there is no chief executive officer, then the board of directors or general partner of

such corporation, partnership or association shall designate who shall have the power to vote the

membership.

3 .7 Suspension of Voting Rights: In the event any Owner is in arrears in the payment of any

assessments or other amounts due under any of the provisions of Declaration or the Rules for a period of

fifteen (15) days or is in violation of the Declaration or the Rules for a period of fifteen (15) days after

written notice to the Owner of such violation, such Owner's right to vote as a member of the Association

may be suspended and shall remain suspended until all payments, including accrued interest and

attorneys' fees, are brought current or until the noticed violation has been cured, as the case may be.

PART 4

Board of Directors and Its Duties

4.1 Board of Directors and Officers. The affairs of the Association shall be conducted by a

Board of Directors, elected by the Members in accordance with the Articles and Bylaws of the

Association, and such officers and committees as the Board may elect or appoint, in accordance with the

Articles and the Bylaws. Directors need not be Members of the Association.

4.2 Care of the Common Area. The Board shall regulate the use, design, appearance and

maintenance of the Common Area within the Subdivision and shall be fully empowered to levy and collect

assessments of the Owners within the Subdivision, as provided herein, for the costs of maintaining,

improving or protecting the Common Area.

4.3 Architectural Control Committee. The Board shall establish an “Architectural Control

Committee for Walnut Meadows at Fairfield Country Club Estates” consisting of not less than three nor

more than five members to regulate the external design, appearance and use of Lots, Dwelling Units, and

any Improvements thereto, within the Subdivision. Each member of the Committee shall be an Owner (or

employee or officer of a corporate Owner, or partner of a partnership Owner) of one or more Lots within

the Subdivision, and all members of the Committee shall be appointed by the Board. No Improvement of

any kind may be made on any Lot without prior approval from the Committee and no change to an

Improvement previously approved by the Committee may be made without prior written approval of the

Committee in its architectural review capacity. The Committee shall have the authority and responsibility

to review the plans and specifications of all singlefamily residences, garages, guest houses, sheds,

Deleted: In the event any Owner is in arrears in the payment of any assessments or other amounts due under any of the provisions of this Declaration for a period of fifteen (15) days, the Owner's right to vote as a Member of the Association shall be suspended and shall remain suspended until all payments, including accrued interest and attorneys' fees are brought current

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fences and other structures or Improvements to be constructed in the Subdivision pursuant to the terms

hereof. The Architectural Control Committee shall be entitled to promulgate written Architectural Control

Committee Rules and architectural standards and procedures to be followed by Owners in preparing and

submitting plans and specifications and which will be used by the Architectural Control Committee in

reviewing plans and specifications for proposed Improvements, in rendering its decisions and otherwise

performing its functions under this Declaration. The Architectural Control Committee Rules and the other

standards and procedures adopted from time to time by the Architectural Control Committee must be

approved by the Board prior to their implementation and once approved by the Board shall be effective as

Rules.

4.4 Meetings and Compensations. The Board of Directors of the Homeowners' Association

shall meet from time to time as necessary to perform their duties hereunder. The vote of a majority of the

directors at a meeting shall constitute the act of the Association. Directors of the Homeowners'

Association and members of the Architectural Control Committee shall not be entitled to compensation for

their services.

4.5 Association Rules. By a majority vote of the Board, the Association may, from time to

time and subject to the provisions of this Declaration, adopt, amend and repeal rules and regulations. The

Rules may set forth the standards and procedures for architectural review and guidelines for architectural

design, placement of buildings, landscaping, color scheme, exterior finishes and materials and similar

features which are for use within the Subdivision. The Rules may restrict and govern the use of any Lot or

Common Area by any Owner, by the family of such Owner, or by any invitee, licensee or lessee of such

Owner; provided, however, that the Rules may not discriminate among Owners and shall not be

inconsistent with this Declaration, the Articles or Bylaws. A copy of the Rules as they may from time to

time be adopted, amended or repealed, shall be available for inspection by the Members at reasonable

times. The Rules may be (but shall not be required to be) recorded with the County Recorder of Coconino

County, Arizona, in which event the recorded Rules shall have the same force and effect as if they were

set forth in and were a part of this Declaration.

PART 5

Plan Approval

5.1 Standards. The Architectural Control Committee shall have the right to refuse to approve

any plans or specifications or grading plans which are not suitable or desirable, in its opinion, for aesthetic

or other reasons, or in so passing upon such plans, specifications and grading plans, and without any

limitations of the foregoing, it shall have the right to take into consideration the suitability of the proposed

building or other Improvement and of the materials of which it is to be built, the site upon which it is

proposed to erect the same, the harmony thereof with the surroundings, and the effect of the building or

Deleted: The Homeowners' Association and the Committee shall both have the authority to enforce the provisions of this Declaration and to perform such other duties as may be necessary to fully implement the intent and provisions of this Declaration.

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other Improvement as planned on the outlook from the adjacent or neighboring Property. All subsequent

additions to or changes or alterations in any building, fence, wall or other Improvement, including exterior

color scheme, shall be subject to the prior approval of the Committee. No deviations in or from such plans

and specifications, once approved, shall be made without the prior written approval of the Committee. All

decisions of the Committee shall be final and no Owner or other party shall have recourse against the

Committee or Association for the Committee's refusal to approve any such plans and specifications or

plot plans, including lawn area and landscaping.

5.2 Time for Approval. Two copies of the complete plans and specifications of any proposed

Improvement must be submitted to the Architectural Control Committee for approval. In addition, the

Owners of Lots within the Subdivision shall also submit an application for the consideration by the

Committee of such plans and specifications on the Design Review Application form (or forms) that have

been adopted by the Committee for such purposes, and shall fully comply with all construction guidelines

that may have been adopted for construction with the Subdivision. At least one copy of the plans and

specifications shall be retained by the Committee or the Association.

The Commitee shall have the authority to use the services of an architect as a consultant, and to

charge a sum in an amount of the actual cost to the Association for each set of plans and specifications

submitted to it for approval to defray·the fees of the consultant; provided, however, that the Commitee

shall have authority to charge additional fees to pay the costs incurred as a result of resubmittals. The

consultant shall not have the right to vote in passing upon the plans and specifications.

In the event that a written request for such approval is not acted upon within sixty (60) days of the

receipt by the Committee of the request and complete application package, then such approval will not be

required; provided, however, that no Improvement may be constructed pursuant to this section which

conflicts with any specifically delineated restriction contained herein.

5.3 Waiver. The approval by the Architectural Control Committee of any plans, drawings or

specifications for any work done or proposed, or for any other matter requiring the approval of the

Committee, shall not be deemed to constitute a waiver of any right to withhold approval of any similar

plan, drawing, specification or matter subsequently submitted for approval.

5.4 Liability. Neither the Homeowners' Association nor the Architectural Control Committee,

nor any director of the Association or member of the Committee shall be liable to any Owner or to any

other party for any damage, loss or prejudice suffered or claimed on account of:

A. approval or disapproval of any plans, drawings or specifications, whether or not

the plans, drawings or specficiations are defective,

B. the construction or performance of any work, whether or not pursuant to

approved plans, drawings and specifications,

C. the development of any Lot within the Subdivision, or

D. the execution and filing of any estoppel certificate, whether or not the facts

therein are correct; provided, however, that with respect to the liability of an

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Deleted: <#>Hearing. Without any way limiting the generality of any of the foregoing provisions of this section, the Architectural Control Committee or any member thereof may, but is not required to, consult with or hear the views of any Owner with respect to any plans, drawings, specifications or any other proposal submined to the Committee for review.¶

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14

Owner, such certificate has been issued in good faith on the basis of such

information as may be easily available.

PART 6

Property Rights and Easements

6.1 Owners' Easements of Enjoyment. Every Owner shall have a right and easement of

enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every

Lot, subject to the following provisions:

A. the right of the Association to adopt reasonable rules and regulations governing the use

of the Common Area and all facilities located thereon;

B. the right of the Association to charge reasonable admission and other fees for the use of

any clubhouse or recreational facility, if any, situated upon the Common Area;

C. the right of the Association to suspend the rights of an Owner to use the recreational

facilities located on the Common Area for any period during which any assessment against his Lot or any

other monies owed by such Owner to the Association remains unpaid and during the period of any

ongoing infraction of the Declaration or Rules by such Owner following notice to such Owner;

D. the right of the Association to grant permits, licenses and easements on, over, under and

through the Common Area for utilities, roads and other purposes reasonably necessary for useful for the

proper maintenance and operation of the Property. In addition, the Association may convey portions of

the Common Areas to make adjustments in the boundary lines between the Common Area and adjoining

Lots or public rights-of-way; and

E. except as expressly permitted by this Section, the right of the Association to dedicate or

transfer all or any part of the Common Area for such purposes and subject to such conditions as may be

agreed to by the Members; provided, however, that no such dedication or transfer shall be effective

unless evidenced by an instrument signed by at least two-thirds (2/3) of the Members.

6.2 Delegation of Use. Any Owner may delegate, in accordance with the rules and

regulations of the Association, his right of enjoymemt to the Common Area and facilities to the members

of his family, his tenants, or contract purchasers who reside on his property.

6.3 Utility Easement. There is hereby created a blanket easement upon, across, over and

under the Common Area for ingress, egress, installation, replacing, repairing and maintaining all utilities,

including, but not limited to, water, sewer, gas, telephone, electricity and a cable television system. By

virtue of this easement, it shall be expressly permissible for the providing utility to erect and maintain the

necessary poles and other necessary facilities and equipment in the Common Area. This easement shall

in no way affect any other recorded easements on the Common Area.

6.4 Easements for Ingress and Egress. Easements for ingress and egress are hereby

reserved to the Owners, and their families, guests, tenants and invitees for pedestrian traffic over, through

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Deleted: ¶the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;¶<#>the right of the Association to suspend the voting rights and right to use the recreationalfacilities by an Owner for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed 60 days for any infraction of its published rules and regulations;¶<#><sp>the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded.¶

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15

and across sidewalks, paths, walkways and lanes, as the same from time to time may exist upon the

Common Area; and for vehicular traffic over, through and across such portions of the Common Area as

from time to time may be paved and intended for such purposes; and for other such purposes reasonably

necessary to the use and enjoyment of a Lot or the Common Area.

6.5 Association’s Right of Entry. During reasonable hours, the Association, any member of

the Architectural Control Committee, any member of the Board or any authorized representative of any of

them, shall have the right to enter upon and inspect any Lot, excluding the interior of any residence or

other structure located thereon, for the purpose of making inspections to determine whether the

provisions of this Declaration, the Association Rules and the Architectural Control Committee Rules are

being complied with by the Owner of said Lot.

6.6 Association Easement for Performing Maintenance Responsibilities. The Association

shall have an easement upon, across, over and under the Common Area and the Lots for the purpose of

repairing, maintaining and replacing the Common Area, and for performing all of the Association's other

rights, duties and obligations under the Declaration.

PART 7

Covenant for Maintenance Assessments

7.1 Creation of Lien and Personal Obligation of Assessments. The Declarant for each Lot

owned within the Subdivision hereby covenants, and each Owner of any Lot by acceptance of a deed

therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay

the Homeowners' Association (i) annual assessments or charges, (ii) special assessments for Lot

maintenance, and (iii) special assessments for capital improvements, such assessments to be

established and collected as hereinafter provided. Any annual or special assessment, together with

interest, costs and all attorney fees, shall be a charge on the land and shall be a continuing lien upon

the Lot against which each such assessment is made. Each assessment, together with interest, costs

and all attorney fees, shall also be the personal obligation of the person who was the Owner of such Lot

at the time when the assessment fell due. The personal obligation for delinquent assessment shall not

pass to an Owner’s successor in title unless expressly assumed by the successor in title.

7.2 Purpose of Assessments. The assessments levied by the Association shall be used

exclusively to promote the recreation, health, safety, and welfare of the residents in the Subdivision and

for the improvement and maintenance of the Common Area.

7.3 Annual Assessment Increases. The Board may, without a vote of the membership,

increase the annual assessment during each fiscal year of the Association by an amount not more than

twenty percent (20%) of the annual assessment for the previous fiscal year. The annual assessment

may be increased by an amount greater than twenty percent (20%) of the annual assessment for the

previous fiscal year only with the approval of at least fifty-one percent (51%) of the Owners eligible to



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16

vote on the approval of such increase. Voting may be done in person or by absentee ballot at a meeting

duly called for such purpose.

7.4 Special Assessments for Lot Maintenance. In addition to the annual assessments

authorized above, the Association may levy a special assessment against a Lot for the purposes of

recovering the cost of repair and maintenance of any Lot which is not maintained by a Lot Owner in

accordance with this Declaration or curing any violation by an Owner of this Declaration. Such special

assessments shall be levied against such Lots at such times as the Board of Directors deems necessary

and appropriate to bring each Lot in conformance with this Declaration.

7.5 Special Assessments for Capital Improvements. In addition to the other assessments

authorized above, the Association may levy, in any assessment year, a special assessment applicable to

that year only for the purpose of defraying, in whole or in part, the cost of any constrnction,

reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures

and personal property related thereto, provided that any such assessment shall have the assent of two-

thirds (2/3) of the votes of each class of Members who are voting at a meeting duly called for this

purpose.

7.6 Notice and Quorum for Any Action Authorized Under This Part. Written notice of any

meeting called for the purpose of taking any action authorized under Section 7.3 or 7.5 of this Part 7 shall

be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting. At the

first such meeting called, the presence of Members entitled to cast sixty percent (60%) of all the votes

shall constitute a quorum. If the required quorum is not present at such meeting, another meeting may be

called subject to the same notice requirement, and the required quorum at the subsequent meeting shall

be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be

held more than 60 days following the preceding meeting.

7.7 Uniform Rate of Assessment. Annual and special assessments for capital improvements

must be fixed at a uniform rate for all Lots within the Subdivision. Special assessments for lot

maintenance under Section 7.5 need not be fixed at a uniform rate but shall be regulated by the

reasonable costs and requirements of effecting such repairs and maintenance necessary to cure any

violation of this Declaration.

7.8 Due Dates. The Board of Directors shall fix the amount of the annual assessment against

each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the

annual assessment shall be sent to every Owner subject thereto, but the failure to give such notice shall

not affect the validity of the annual assessment established by the Board nor relieve any Owner from its

obligation to pay the annual assessment. The due dates of assessments shall be established by the

Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate

signed by an officer of the Association setting forth whether the assessments on a specified Lot have

been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is

binding upon the Association as of the date of its issuance.

Deleted: The annual assessment is to be established by the Board may not exceed a certain amount herein after referred to as, the "Maximum Annual Assessment" which Maximum Annual Assessment shall be detennined and shall vary in accordance with the following provisions:¶<#>Until January 1 of the year immediately following the conveyance of the first Lot to an owner, the Maximum Annual Assessment against each Owner shall be $200 per each membership, payable as detennined by the Association.¶<#>From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the Board of Directors may, without vote of the Members, increase the Maximum Annual Assessment during each fiscal year of the Association by an amount proportional to the amount of increase during the prior fiscal year in the Consumer Price Index for all Urban Consumers (All Items) U.S. ...

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7.9 Effective Non-Payment of Assessment; Remedies of the Association. Each Owner of any

Lot shall be deemed to covenant and agree to pay to the Association the assessments provided for

herein and agree to the enforcement of the assessments in the manner herein specified. Any

assessment, or any installment of an assessment, not paid within fifteen (15) days after the due date of

the assessment, or the due date of the installment of the assessment, shall bear interest from the due

date at the rate of eighteen percent (18%) per annum and be subject to the imposition of a late fee in an

amount set by the Board. In the event the Association employs an attorney or attorneys for the collection

of any assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of

the terms and conditions of this Declaration, or for any other purpose in connection with the breach of this

Declaration, each Owner agrees to pay all attorneys’ fees and costs incurred by the Association in

addition to any other amounts due or any other relief or remedy obtained against the Owner. Any

assessment made hereunder shall be due and payable within fifteen (15) days after the due date notice

of the amount and nature of costs incurred by the Association is delivered to the offending Owner. In the

event of a default in payment of any such assessment when due, in which case the assessment shall be

deemed delinquent, and in addition to any other remedies herein or by law provided, the Association may

enforce each such obligation in any manner provided by law or in equity, including, but not limited to, (i)

bringing an action at law against the Lot Owner personally obligated to pay the delinquent amounts which

came due at the time he was the Owner thereof and such action may be brought without waiving the

assessment lien securing any such delinquent amounts, provided, however, that the personal obligation

to pay delinquent assessments which came due prior to the transfer of ownership shall not pass to

successors in title; (ii) bringing an action to foreclose its assessment lien against the Lot in the manner

provided by law for the foreclosure of a realty mortgage; or (iii) suspending voting and recreational

amenities use rights as provided herein. The Association shall have the power to bid in at any foreclosure

sale and to purchase, acquire, hold, lease, mortgage and convey any and all Lots purchased at such

sale.

7.10 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein

shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the

assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any

proceeding in lieu thereof shall extinguish the lien of such assessment as to payments which became due

prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments

thereafter becoming due or from the lien thereof.

7.11 Non-Exemption of Owner. No Owner of a Lot may exempt himself from liability for

assessments levied against his Lot or for other amounts which he may owe to the Association under the

Declaration by waiver and non-use of any of the Common Area and facilities or by the abandonment of

his Lot.

7.12 No Offsets. All assessments shall be payable in accordance with the provisions of this

Declaration, and no offsets against such assessments shall be permitted for any reason, including,

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Deleted: or without any limitation of the foregoing, by either or both of the following procedures:

Deleted: ¶<#>Enforcement by Suit. The Association may cause a suit at law to be commenced and maintained in the name of the Association against an Owner to enforce each such assessment obligation. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon at the rate of eighteen percent (18%) per annum from the date of delinquency, court costs, and reasonable attorney fees in such amout as the court may adjudge against the delinquent Owner.¶<#>Enforcement by Lien. There is hereby created a claim of lien with power of sale on each and every Lot within the Subdivision to secure payment to the Association of any and all assessments levied against any and all Owners of such Lots under these restrictions, together with interest thereon at the rate of eighteen percent (18%) per annum from the date of delinquency, and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorney fees. Each default shall constitute a separate basis for a demand or claim of lien or a lien, but any number of defaults may be included within a single demand or claim of lien. Such a claim of lien shall be executed and acknowledged by any officer of the Association and shall contain substantially the following information:¶

<#>The name of the delinquent Owner;¶<#>The legal description and street address of the Lot against which claim of lien is made;¶<#>The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, collection costs and reasonable attorney fees (with any proper offset allowed);¶ ...

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without limitation, a claim that the Association is not properly exercising its duties and powers as provided

in the Declaration or other Association documents.

PART 8

Insurance

8.1 Scope of Coverage. The Association shall maintain, to the extent reasonably available,

the following insurance coverage:

8.1.1 Comprehensive general liability insurance, including medical payments insurance, in an

amount determined by the Board, but not less than $1,000,000. Such insurance shall cover all

occurrences commonly insured against for death, bodily injury and property damage arising out of

or in connection with the use, ownership or maintenance of the Common Area and all other

portions of the Subdivision which the Association is obligated to maintain under this Declaration,

and shall also include hired automobile and non-owned automobile coverage with cross liability

endorsements to cover liabilities of the Owners as a group to an Owner;

8.1.2 Property insurance on the Common Area insuring against all risk of direct physical loss,

insured against in an amount equal to the maximum insurable replacement value of the Common

Area, as determined by the Board; provided, however, that the total amount of insurance after

application of any deductibles shall not be less than one hundred percent (100%) of the current

replacement cost of the insured property, exclusive of land, excavations, foundations and other

items normally excluded from a property policy;

8.1.3 Workmen's compensation insurance to the extent necessary to meet the requirements of

the laws of Arizona;

8.1.4 Directors and officers liability insurance in an amount to be determined by the Board;

8.1.5 Such other insurance as the Association shall determine from time to time to be

appropriate to protect the Association or the Owners.

8.1.6 The insurance policies purchased by the Association shall, to the extent reasonably

available, contain the following provisions:

(a) That there shall be no subrogation with respect to the Association, its agents,

servants, and employees, with respect to Owners and members of their household;

(b) No act or omission by any Owner, unless acting within the scope of his authority

on behalf of the Association, will void the policy or be a condition to recovery on the

policy;

(c) That the coverage afforded by such policy shall not be brought into contribution

or pro-ration with any insurance which may be purchased by Owners or their mortgagees

Deleted: Annexation of Expansion Property

Deleted: <#>Annexation Without Approval and Pursuant to General Plan. Declarant or its successors and assigns may annex the Expansion Property, or any part thereof, into the Subdivision. The Expansion Property may be annexed to the Subdivision together or in phases, and shall become subject to the jurisdiction of the Association and its assessments (without approval, assent or vote of the Association or its Members) when a supplementary declaration, entitled "First (or Second, Etc.) Supplementary Declaration of Covenants, Conditions and Restrictions of Walnut Meadows at Fairfield Country Club Estates" covering the portion of the Expansion Property sought to be annexed shall be executed and recorded by Declarant or its successors and assigns; provided, however, that all Supplementary Declarations shall:¶

<#>be executed and recorded pursuant to this Section within five years (i) subsequent to the recordation of this Declaration, or (ii) subsequent to the last recordation of a Supplementary Declaration, whichever of (i) or (ii) shall later occur;¶<#>comply with the general plan ...

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or beneficiaries under deeds of trust;

(d) A "severability of interest" endorsement which shall preclude the insurer from

denying the claim of an Owner because of the negligent acts of the Association or other

Owners;

(e) Statement of the name of the insured as the Association; and

(f) For policies of hazard insurance, a standard mortgagee clause providing that the

insurance carrier shall notify the first mortgagee named in the policy at least ten (10) days

in advance of the effective date of any substantial modification, reduction or cancellation

of the policy.

8.2 Certificates of Insurance. An insurer that has issued an insurance policy under this Article

shall issue a certificate or a memorandum of insurance to the Association and, upon request, to any

Owner, mortgagee or beneficiary under a deed of trust. Any insurance obtained pursuant to this Article

may not be canceled until thirty (30) days after notice of the proposed cancellation has been mailed to the

Association, each Owner and each mortgagee or beneficiary under deed of trust to whom certificates of

insurance have been issued.

8.3 Payment of Premiums. The premiums for any insurance obtained by the Association

pursuant to Section 8.1 of this Declaration shall be included in the budget of the Association and shall be

paid by the Association.

8.4 Payment of Insurance Proceeds. With respect to any loss to the Common Area covered

by property insurance obtained by the Association in accordance with this Article, the loss shall be

adjusted with the Association, and the insurance proceeds shall be payable to the Association and not to

any mortgagee or beneficiary under a deed of trust. The proceeds shall be disbursed for the repair or

restoration of the damage to the Common Area.

8.5 No Liability. None of the Association, any Board member or the Declarant shall be liable

to any person if any risks or hazards are not covered by the insurance obtained by the Association or if

the amount of the insurance is not adequate.

PART 9

General Provisions

9.1 Enforcement. The Homeowners' Association, the Architectural Control Committee when

specifically permitted or any Owner shall have the right to enforce, by any proceeding at law or in equity,

any restrictions, conditions, covenants, reservations, liens and charges now or hereinafter imposed by the

provisions of this Declaration. Failure by any person or entity to enforce any covenant or restriction herein

contained shall in no way be deemed a waiver of the right to do so thereafter.

9.2 Interpretation of the Covenants. Except for judicial construction, the Association shall






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have the exclusive right to construe and interpret the provisions of this Declaration. In the absence of any

adjudication to the contrary by a court of competent jurisdiction, the Association's construction or

interpretation of the provisions hereof shall be final, conclusive and binding as to all persons and Property

benefitted or bound by the covenants and provisions hereof.

9.3 Severability. Invalidation of any of these covenants or restrictions by judgment or court

order shall in no wise affect any other provisions which shall be in full force and effect.

9.4 Rule Against Perpetuities. If any interest purported to be created by this Declaration is

challenged under the rule against Perpetuities or any related rule, the interest shall be construed as

becoming void and of no effect as of the end of the applicable period of perpetuities computed from the

date when the period of perpetuities starts to run on the challenged interest; the "lives in being" for

computing the period of perpetuities shall be (i) those which would be used in determining the validity of

the challenged interest, plus (ii) those of the issue of the Board who are living at the time the period of

perpetuities starts to run on the challenged interest.

9.5 Duration. The covenants and restrictions of this Declaration shall run with and bind the

land until December 31, 2024, after which they shall be automatically extended for successive periods of

ten (10) years. This Declaration may be terminated at any time by the written approval or the affirmative

vote of Owners representing not less than ninety percent (90%) of the Lots. Any termination of this

Declaration shall be evidenced by a Declaration or Termination signed by the President or Vice-President

of the Association and recorded with the County Recorder of Coconino County, Arizona.

9.6 Amendment.

(a) Except for amendments which may be executed by the Board pursuant to

Subsection (b) of this Section, the Declaration or the Plat may be amended at any time by the

written approval or the affirmative vote, or any combination thereof, of Owners of not less than

fifty-one percent (51%) of the Lots.

(b) The Board may amend this Declaration or the Plat, without obtaining the

approval or consent of any Owner, in order to conform this Declaration or the Plat to the

requirements or guidelines of the Federal National Mortgage Association, the Federal Housing

Administration, the Veterans Administration or any federal, state or local governmental agency

whose approval of the Subdivision, the Plat or the governing documents is required by law.

(c) Any amendment approved pursuant to Subsection (a) above or by the Board

pursuant to Subsection (b) above shall be signed by the President or Vice President of the

Association and shall be recorded with the County Recorder of Coconino County, Arizona. Any

such amendment shall certify that the amendment has been approved as required by this section.

9.7 Right of Amendment if Requested by Governmental Agency, State or Federally

Chartered Lending Institution. Notwithstanding any other provision of this Declaration, Association

reserves the right to amend all or any part of this Declaration to such an extent and with such language

as may be requested by the Federal Housing Administration ("FHA"), the Veterans Administration ("VA"),

Deleted: (or Declarant's)

Deleted: Amendment

Deleted: Except as provided in Section 9.6 below, so long as there are Class B Memberships in existence, this Declaration may be amended by an instrument signed by (i) the Declarant or its successors or assigns (except in the event where the Declarant has assigned its rights for only part of the Property and retained the rights for the remainder, in which event the instrument shall be signed by the Declarant and its successors or assigns), and (ii) the Owners owning not less than seventy-five percent (75%) of the Lots within the Subdivision. After the expiration or termination of all Class B Memberships and at any time prior to December 31, 2024, this Declaration may be amended by an instrument signed by the Owners owning not less than seventy-five percent (75%) of the Lots within the Subdivision. At any time subsequent to December 31, 2024, this Declaration may be amended by an instrument signed by the Owners owning not less than sixty-five percent (65%) of the Lots within the Subdivision. Any amendment must be recorded.


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Deleted: Declarant (or its Successors-In-Interest or Designee), Declarant

21

or FNMA and to further amend to the extent requested by any other federal, state or local governmental

agency which requests such an amendment as a condition precedent to such agency's approval of this

Declaration, or by any state or federally chartered lending institution as a condition precedent to lending

funds upon the security of any Lot(s) or Parcel(s) or any portions thereof. Any such amendment shall be

effected by the recordation of a Certificate of Amendment duly signed by or on behalf of the Association,

with signatures acknowledged, specifying the federal, state or local governmental agency or the federally

chartered lending institution requesting the amendment and setting forth the mandatory language

requested by such agency or institution. Recordation of such a Certificate shall be deemed conclusive

proof of the agency's or institution's request for such an amendment, and such Certificate, when

recorded, shall be binding upon all of the Subdivision, and all persons having an interest therein.

9.8 Violations and Nuisances. Every act or omission whereby any provision in this

Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or

abated, whether or not the release sought is for negative or affirmative action, by the Association or any

Owner or Owners of a Lot within the Subdivision. However, any other provision to the contrary

notwithstanding, only the Association or the duly-authorized agent of any of them may enforce by self

help any of the provisions of this Declaration.

9.9 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation

pertaining to ownership, occupation or use of any Property within the Subdivision is hereby declared to be

a violation of this Declaration and subject to any and all of the enforcement procedures set forth herein.

9.10 Remedies Cumulative. Each remedy provided by this Declaration is cumulative and not

exclusive.

9.11 Delivery of Notices and Documents. Any written notice of other documents relating to or

required by this Declaration may be delivered either personally or by mail. If by mail, it shall be deemed to

have been delivered twenty-four (24) hours after copy of same has been deposited in the United States

mail, postage prepaid, addressed to the last known address of addressee. Each Owner of a Lot shall file

the correct mailing address of such Owner with Association, and shall promptly notify the Association in

writing of any subsequent change of address.

9.12 References to the Covenants in Deeds. Deeds to and instruments affecting any Lot or

any part of the Property may contain the covenants herein set forth by reference to this Declaration; but

regardless of whether any such reference is made in any deed or instrument, each and all of the

covenants shall be binding upon the grantee-owner or other person claiming through any instrument and

his heirs, executors, administrators, successors and assigns.

9.13 Declaration. By acceptance of a deed or by acquiring any ownership interest in any of the

real Property within this Declaration, each person or entity, for himself or itself, his heirs, personal

representative, successors, transferees and assigns, binds himself, his heirs, personal representative,

successors, transferees and assigns to all of the provisions, restrictions, covenants, conditions, rules and

regulations, now or hereinafter imposed by this Declaration and any amendments thereof. In addition,

Deleted: , by Decla rant,

Deleted: partners, authorized agents, or authorized officers of Declarant, asapplicable

Deleted: their

Deleted: Declarant,

Deleted: Homeowners'

Deleted: , the Architectural Control Committee,

Deleted: Declarant,

Deleted: Homeowners’

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22

each persons by so doing thereby acknowledges that this Declaration sets forth a general scheme for the

improvement and care of the real Property covered thereby and evidences his interest in all of the

restrictions, conditions, covenants, rules and regulations contained herein shall run with the land and be

binding on all subsequent and future Owners, grantees, purchasers, assignees and transferees thereof.

Furthermore, each such person fully understands and acknowledges that this Declaration shall be

mutually beneficial, prohibitive and enforceable by the various subsequent and future Owners.

9.14 Gender and Number. Wherever the context of this Declaration so requires, words used in

the masculine gender shall include the feminine and neuter genders; words used in the neuter gender

shall include the masculine and feminine genders; words in the singular shall include the plural; and

words in the plural shall include the singular.

9.15 Captions and Titles. All captions, titles or headings of the articles and sections in this

Declaration are for the purpose of reference and convenience only and are not to be deemed to limit, mod

ify or otherwise affect any of the provisions hereof, or to be used in determining the intent or context

thereof.

9.16 Topic Headings. The marginal or topical headings of the sections contained in this

Declaration are for convenience only and do not define, limit or construe the contents of the sections or

this Declaration.

9.17 Survival of Liability. The termination of membership of a member in the Association shall

not relieve or release any such former member from any liability or obligation incurred under or in any way

connected with the Association during the period of such membership, or impair any rights or remedies

which the Association may have against such former member arising out of such membership or in any

obligations incident thereto.

9.18 Construction. In the event of any discrepancies, inconsistencies or conflicts between the

provisions of this Declaration and the Articles of Incorporation, Bylaws, Association Rules or Architectural

Control Committee Rules, the provisions of this Declaration shall prevail.

9.19 Joint and Several Liability. In the case of joint ownership of a Lot, the liabilities and

obligations of each of the joint Owners set forth in or imposed by this Declaration shall be joint and

several.

9.20 Attorneys’ Fees. In the event the Association employs an attorney or attorneys to enforce

any lien or to collect any amounts due pursuant to this Declaration or otherwise seeks to enforce the

terms of this Declaration, the Association shall be reimbursed by the Owner or Owners whose actions

have necessitated the enforcement proceeding for all costs, including all attorneys’ fees, expended in

such enforcement efforts, regardless of whether or not a civil action is actually commenced.

Deleted:





Deleted: IN WITNESS WHEREOF the undersigned, Circle G Development Company, an Arizona corporation, has caused its name to be signed by the signarure . of a duly-authorized representative as of April 11, 1995.¶

CIRCLE G DEVELOPMENT COMPANY,¶an Arizona corporation¶By:¶

STATE OF ARIZONA )¶)SS¶

County of Maricopa )¶The foregoing lnstrument was acknowledged before me on by , of Circle G Develupmenr Company, an Arizona corporation, on behalf of said corporation.¶My Commission Expires:

24

CERTIFICATION

The undersigned executes this Amended and Restated Declaration of Covenants, Conditions and Restrictions of Walnut Meadows at Fairfield Country Club Estates for the purpose of certifying that Owners of not less than seventy-five (75%) of the Lots within the Subdivision approved the Amended and Restated Declaration of Covenants, Conditions and Restrictions of Walnut Meadows at Fairfield Country Club Estates. Walnut Meadows at Fairfield Country Club Estates Homeowners Association, Inc., an Arizona nonprofit corporation By: ______________________________ Name: ___________________________ Its: ______________________________ Dated: __________________ ___, 20__ STATE OF ARIZONA )

) ss: COUNTY OF COCONINO ) The foregoing instrument was acknowledged before me this ___ day of __________________ 20___ by _____________________________, the __________________ of Walnut Meadows at Fairfield Country Club Estates Homeowners Association, Inc., an Arizona nonprofit corporation, the person to me known as the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same on behalf of said corporation. Witness my hand and official seal ________________________________ My Commission will expire _______, 20___ NOTARY PUBLIC

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INDIVIDUAL OWNER(S) SIGNATURE PAGE

IN WITNESS WHEREOF, the undersigned Owners representing in the aggregate the Owners of

not less than seventy-five (75%) of the Lots within the Subdivision have set their hands to this Amended and Restated Declaration to amend and restate the Declaration as hereinabove set forth. Each Owner approving this Amended and Restated Declaration is conclusively presumed to have the authority to grant such approval, and no contrary provision in any mortgage, deed of trust or contract between the Owner and a third party will affect the validity of such approval or of this Amended and Restated Declaration.

LOT DESCRIPTION: Lot Number: _____ or property address:

_________________________________________

Flagstaff, AZ 86004 RECORD OWNER(S): _________________________________________

Owner’s Signature

Owner’s Name: ____________________________ __________________________________________

Owner’s Signature

Owner’s Name: ___________________________ IMPORTANT NOTE: Please understand that all owners of your Lot must sign this signature page

if you wish to approve the Amended and Restated Declaration. Thus, for example, if both

spouses own the Lot, both spouses must sign this signature page.



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ENTITY OWNER SIGNATURE PAGE

IN WITNESS WHEREOF, the undersigned Owners representing in the aggregate the Owners of

not less than seventy-five (75%) of the Lots within the Subdivision have set their hands to this Amended and Restated Declaration to amend and restate the Declaration as hereinabove set forth. Each Owner approving this Amended and Restated Declaration is conclusively presumed to have the authority to grant such approval, and no contrary provision in any mortgage, deed of trust or contract between the Owner and a third party will affect the validity of such approval or of this Amended and Restated Declaration.

LOT DESCRIPTION: Lot Number: _____ or property address:

_________________________________________

Flagstaff, AZ 86004 RECORD OWNER(S): Entity Name: ________________________________________ By: ______________________________________

Name: ___________________________________

Its: _____________________________________ By: ______________________________________

Name: ___________________________________

Its: _____________________________________ IMPORTANT NOTE: If your Lot is owned by a trust, partnership, corporation or other entity, the trustee, partner, officer or other official, as the case may be, of such owner must sign this signature page. Please be sure to indicate the name of the entity and the capacity in which you are signing on behalf of such entity, e.g. XYZ Trust, by Jane Doe, Its Trustee.



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Deleted: EXHIBIT “A”¶The Expansion Property will be t he property to the west of Walnut Meadows at Fairfield Country Club Estates.¶The Expansion Property is currently being platted as Walnut Ridge Estates at Fairfield Country Club Estates.

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