CC&R Vegetation Policy
The Ranch Vegetaion and Landscape rules are outlined in three areas:
Ranch CC&R's - Article 7
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7.1 Areas of Association Responsibility.
The Association, or its duly delegated representative, shall manage, maintain, repair and replace the Areas of Association Responsibility, and all Improvements located thereon, except for any part of the Areas of Association Responsibility which any governmental entity is maintaining or is obligated to maintain. The Board shall be the sole judge as to the appropriate maintenance, repair and replacement of all Areas of Association Responsibility. No Owner or other Person (other than the Association) shall construct -or install any Improvements on the Areas of Association Responsibility or modify or remove any Improvements situated on the Areas of Association Responsibility without the prior written approval of the Board.
Each Owner of a Lot shall be responsible for maintaining, repairing or replacing all buildings, Residential Units, landscaping and other Improvements situated on the Owner's Lot, except for any portion of the Lot which is an Area of Association Responsibility. All buildings, Residential Units, landscaping and other Improvements shall at all times be kept in good condition and repair. All grass, hedges, shrubs, vines and plants of any type on a Lot shall be irrigated, mowed, trimmed and cut at regular intervals so as to be maintained in a neat and attractive manner. Trees, shrubs, vines, plants and grass which die shall be promptly removed and replaced with living foliage of like kind, unless different foliage is approved in writing by the Architectural Committee. No yard equipment, wood piles or storage areas may be maintained so as to be Visible from Neighboring Property or streets. All Lots upon which no Residential Units, buildings or other structures, landscaping or Improvements have been constructed shall be maintained in a weed free and attractive manner.
7.3 Assessment of Certain-Costs of Maintenance and Repair.
In the event that the need for maintenance or repair of an Area of Association Responsibility is caused through the willful or negligent act of any Owner, his family, tenants, guests or invitees, the cost of such maintenance or repairs shall be paid by such Owner to the Association upon demand and payment of such amounts shall be secured by the Assessment Lien.
7.4 Improper Maintenance and Use of Lots.
In the event of any portion of any Lot is so maintained as to present a public or private nuisance, or as to substantially detract from the appearance or quality of the surrounding Lots or other areas of the Project which are substantially affected thereby or related thereto, or in the event any portion of a Lot is being used in a manner- which violates this Declaration; or in the event the Owner of any Lot is failing to perform any of its obligations under the Project Documents, the Board may make a finding to such effect, specifying the particular condition or conditions which exist, and pursuant thereto give notice thereof to the offending Owner that unless corrective action is taken within fourteen (14) days, the Board may cause such action to be taken at said Owner's cost. If at the expiration of said fourteen day period of time the requisite corrective action has not been taken, the Board shall be authorized and empowered to cause such action to be taken and the cost thereof shall be paid by such Owner to the Association upon demand and payment of such amounts shall be secured by the Assessment Lien.
The Ranch - Architectural Design Guidelines
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Landscaping is an essential element of design at the Ranch at Prescott. The goal in the development is to preserve the beauty and character of the property's natural existing vegetation while creating attractive, landscaped areas. Water conservation should be considered in all designs. Landscaping installation and restoration of disturbed areas is required to be completed for the final inspection.
Landscape design at the Ranch at Prescott shall integrate the built environment with the spectacular hill country environment. Every Lot is required to install two (2) Autumn Blaze Maples and two (2) Scotch Pines, minimum 15-gallons prior to final inspection. All areas of a lot disturbed during construction must be restored. The Owner shall be responsible for irrigating newly planted areas to ensure survival. All areas of disturbed soil, including slopes behind the curb must be stabilized with rip-rap for erosion control.
Green wire mesh, no taller than 30” may be placed within one (1) foot from the tree trunk to stop animal damage. Additionally, a single hot wire may be placed around bedding plant and no more than 18” high and one (1) foot away. At no time can a hotwire or wire mesh surround a property or extend further than one (1) foot from the plants.
A complete landscape plan is required for review and approval. Landscape plan shall be the same scale as the site plan and include the following: setbacks; all areas to be irrigated; locations, size, and species of all trees and plants to be added, including accent plants and groundcovers; all exterior walks, drives, patios and any additional concrete areas; any other decorative features including exterior lighting; screening of all ancillary mechanical equipment. Landscape plans shall also incorporate any existing natural vegetation located on the lot. A legend using clear symbols and nomenclature must be provided on the landscape plan, including proposed quantities, sizes of materials and colors.
Plans for areas requiring detailed landscape design (such as a courtyard) shall be drawn at a scale and shall clearly indicate front and rear yards. All drainage swales must be rip-rapped through the drainage easement to the barrow ditch, next to the roadside.
Note: No plantings may be installed which may overhang or encroach upon any sidewalk, street, pedestrian way or other areas.
The Ranch - Compliance Policy
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To ensure compliance with the Association's Governing Documents (including the Articles of Incorporation, Bylaws, CC&R's and the Rules and Regulations) and the laws of the State of Arizona, and to maintain, preserve, enhance, and protect the property values and assets of the community the Council for The Ranch of Prescott HOA adopts the following policy of compliance.
Procedures should comply with the Enforcement of Alleged Violations of HOA Rules, Regulations & CC&R's (Rules) including that all alleged violations of HOA Rules that come to the attention any Council member (or HOA member) should be immediately reported to our HOAMCO Community Association Manager (HOAMCO Manager). Our HOAMCO Manager will initiate an investigation of the alleged violation and take appropriate action in conjunction with the HOA Chairman and/or Vice Chairman.
1. If applicable, visit with the initiator of the complaint and the association manager and/or the unit representative; and
conduct an onsite physical visit to include a photograph.
2. If applicable, attempt to visit the property with the Owner to discuss the issue prior to mailing the certified letter (as
designated in Step 5 below).
3. If the complaint details something illegal, harmful, or dangerous, contact the police having the jurisdiction of the matter. If
fire related as a possible fire hazard, fuel accelerator, contact the fire department.
4. The owner shall be notified in writing with a courtesy letter by regular mail of the alleged violation of a specific rule or
regulation or CC&R.
5. On the next Inspection Drive if the alleged violation has not been corrected then, as required by Arizona State Statute
33-1803, the owner shall be notified in writing by certified mail of the alleged violation and include one of the following:
a. The provision of the community documents that has allegedly been violated.
b. The date of the violation or the date the violation was observed.
c. The first and last name of the person or persons who observed the violation.
d. The process the member must follow to contest the notice. A copy of the Compliance Policy shall be enclosed.
The owner shall be advised of their right to request reconsideration or a Council hearing, either of which must be in writing to the HOAMCO Community Association Manager within ten (10) business days, as required by
A.R.S 33-1803, and must explain the reason for such request. Unless such request is received by the Association within ten (10) days of the Council's written notice, the alleged violation will be considered validated and a first level, twenty five dollar ($25.00) fine will be imposed. Within ten business days after receipt of the certified mail containing the response from the member or request for a hearing, the association shall respond to the member with a written explanation and/or coordinate a time of a Council hearing.
6. If the violation has not been corrected within fifteen (15) days of its validation (as defined above) a Second Notice of Violation
will be sent by certified mail and an additional second level, fifty dollar ($50.00) fine will be imposed to the initial sustained
7. If the violation has not been corrected within thirty (30) days of the Second Notice of Violation a Third Notice of Violation will
be sent by certified mail and an additional third level hundred dollar ($100.00) fine will be imposed to the previously sustained
8. If the violation has not been corrected within sixty (60) days of the Third Notice of Violation (a Final Notice of Violation will be
sent by certified mail and an additional fourth level three hundred dollar ($300.00) fine will be imposed to the previously
sustained finding. A fine of $300.00 will be imposed every thirty (30) days until the violation is corrected or until the Council
authorizes corrective action pursuant to Section 7.4 of the CC&R's.
9. The sum of all fines imposed exclusive of penalties and interest shall not exceed two-thousand five hundred dollars
10. At any time, the Association may turn a matter over to legal counsel for legal action.
Initiate Self-Help Procedures
1. Ascertain independent reasonable bids for clearing the potential hazard from the property. Send the bids by certified mail,
return receipt requested to the Owner of the property. Include from the HOA attorney a position of legal liability of the owner
of the potential liability that may arise from the hazard declared on their property.
2. lf the Owner has not complied, clear the lot of the hazard.
3. Authorize the HOA attorney to send the final bill and demand for payment to the Owner.
4. File small claims in Justice Court and obtain a judgment for costs of self-help, attorneys' fees, court costs, and compound
interest until judgment has been satisfied.
5. By A.R.S 33-1803, at any time before or after completion of the exchange of information pursuant to this section, the member
may petition for a hearing pursuant to section 41-2198.01 if the dispute is within the jurisdiction of the department of fire,
building and life safety as prescribed in section 41-2198.01, subsection B.
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