Tempe Crossings II

What Tempe Crossings II's governing documents say

Tempe Crossings II is a commercial shopping center governed by a Declaration of Easements, Covenants and Restrictions, not a residential homeowners association. The rules apply to the Owners (lot owners) and Occupants (tenants) of six commercial parcels, binding them to operate as part of an integrated retail center.

• Permitted uses & prohibited uses: All parcels must be used for commercial purposes only – mercantile, business, office, storage, and professional establishments. Specific prohibited uses include billiard rooms, bowling alleys, skating rinks, game arcades, movie theaters, adult businesses, discotheques, massage parlors, flea markets, and plasma collection centers. No use may be a nuisance or violate zoning.
• Building & design controls: Each parcel has a maximum gross floor area (Lot 1 and 2: 8,800 sq ft; Lots 3-6: 5,500 sq ft). All new construction, exterior alterations, or remodeling requires written approval of the Declarant and Manager. Buildings must be first-class, architecturally compatible, and conform to a uniform general plan. Underground utilities are required, and all buildings must be fire-sprinklered per the most stringent code.
• Common Area maintenance & cost sharing (CAM): The Manager maintains the Common Area (parking, sidewalks, landscaping, lighting, etc.). Each Owner pays a proportionate share of CAM Costs: Lot 1 & 2 each 26%, Lots 3-6 each 12%. Monthly estimated payments are due by the 1st, with an annual reconciliation. Delinquent amounts accrue 18% annual interest plus a $50 late fee per month. A management fee up to $1,500/month is included in CAM Costs.
• Easements & parking: Non-exclusive easements grant Owners, Occupants, and Users the right to use the Common Area for parking (passenger vehicles only), ingress/egress, utility installation, delivery access, and temporary construction. No parking charges or levies are permitted. Monument and other signs require Declarant and Manager approval and must conform to the Sign Criteria.
• Leasing & occupancy: Owners may lease parcels to Occupants. The Manager may bill Occupants directly for a proportionate share of CAM Costs, but the Owner remains personally liable for 100% of its share. Ownership or occupancy does not create a partnership.
• Default & liens: If an Owner or Occupant defaults (e.g., fails to pay CAM Costs or violates restrictions), the Manager or any Owner may cure after 14 days' notice (or immediately in an emergency). All cure costs, plus 18% interest, become a lien on the defaulting Owner's parcel. The lien is subordinate to prior mortgages and tax liens but superior to subsequent encumbrances.
• Term & amendments: The Declaration runs for 99 years from July 2002. Amendments require a written instrument executed by all Owners and the Manager. Easements are perpetual. The document is governed by Arizona law.
• What this document doesn't cover: This document does not set rules for residential use, age restrictions, pets, vehicle limits, or rental terms for tenants. It is a commercial shopping center covenant, not a condo or HOA document. If you are a prospective tenant or buyer of a unit within a residential portion of the property, you would need to look at a separate governing document.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.