ROLLING HILLS ESTATES IMPROVEMENT ASSOCIATION COMPILATION OF COVENANTS, CONDITIONS & RESTRICTIONS [CURRENT AS OF MAY 2024]
The Rolling Hills CC&Rs have been amended at various times over the years and the collection of amendments, some modifying earlier ones and then being subsequently modified, can be confusing. A restatement is in process, but in the interim, this consolidation is provided for clarity and reference.
This on-line consolidation of the RH CC&Rs is for the convenience of RH website viewers, but it is an unofficial compilation; any errors are either unknown to the Board or are unintended and no warranty is made. Official copies of the original RH CC&Rs Declarations and subsequent recorded amendments may be found at the Recorder’s Office for Coconino County. Readers should also recognize changes in law may have or could affect CC&R provisions.
This on-line consolidation of the RH CC&Rs is for the convenience of RH website viewers, but it is an unofficial compilation; any errors are either unknown to the Board or are unintended and no warranty is made. Official copies of the original RH CC&Rs Declarations and subsequent recorded amendments may be found at the Recorder’s Office for Coconino County. Readers should also recognize changes in law may have or could affect CC&R provisions.
KNOW ALL MEN BY THESE PRESENTS:
Rolling Hills Estates Improvement Association, a non-profit Arizona corporation, whose purpose is to do all things necessary for the general health, benefit, and welfare of the property owners in Rolling Hills Estates and to present a unified effort to said property owners in protecting their property situated in the County of Coconino, State of Arizona, to wit:
Lots One (l) to Thirty-Five (35) inclusive, Rolling Hills Estates, according to Case 2, Map 216, records of CCA; Lots Thirty-Six (36) to Forty-Five (45), inclusive, Rolling Hills Estates No. 2, according to Case 2, Map 244, records of CCA; Lots Forty Six (46) to One Hundred Seventeen (117) inclusive and Tract C, Rolling Hills Estates No. 3, according to Case 2, Map 272, records of CCA; Lots One Hundred Eighteen (118) to One Hundred Twenty-five (125) inclusive and Tract A-I, Rolling Hills Estates No. 4, according to Case 5, Map 32, records of CCA.
and desiring to establish the nature for the use and enjoyment thereof, does hereby declare said premises and any other premises reflected on any plat or plats entitled Rolling Hills Estates, hereinafter recorded, unless specifically exempted on such plat, subject to the following express covenants and restrictions as to the use and enjoyment thereof, all of which are to be construed as restrictive covenants running with the title to said premises and with each and every part and parcel thereof, to wit:
The term Rolling Hills Estates hereinafter utilized shall be construed to embrace a Subdivision situated in the vicinity of Sedona, Coconino County, Arizona, as the same is constituted by the plat above referred to, and as the same shall hereinafter be constituted by the recordation of any additional plat or plats entitled Rolling Hills Estates, which shall increase the number of lots and premises contained in such subdivision.
1. RESIDENTIAL USE:
The lots and Tracts A-I & C in Rolling Hills Estates shall be known and described and used as single-family residential lots. No structure whatever, other than one private residence and garage for not more than three (3) cars, shall be erected, placed or permitted to remain on any of the lots. No store, office or other place of business of any kind, and no hospital, theater, restaurant, bar or other place of entertainment, barn, stable or church, shall ever be erected or permitted upon any of the lots, or any part thereof, and no business or commercial venture or enterprise of any kind or character whatever shall be conducted in or from any residence on the lots.
2. RESIDENCE LEASES: *
Any agreement for the leasing or rental of a Property (hereinafter in this section referred to as a "lease") shall provide that the terms of such lease shall be subject in all respects to the provisions of this Declaration, the By-Laws and the Association Rules. Said lease shall further provide that any failure by the Occupant thereunder to comply with the terms of the foregoing documents shall be a default under the lease. All leases shall be in writing. No Owner shall be permitted to lease his Property for transient or hotel purposes, which shall be defined as rental for any period of less than thirty (30) consecutive days. No Owner may lease less than his entire Property. Any Owner who shall lease his Property shall be responsible for assuring compliance by the Occupant with this Declaration, the By-Laws and the Association Rules. Failure by an Owner to take legal action, including the institution of a forcible entry and detainer proceeding against his Occupant who is in violation of this Declaration, the By-Laws or the Association Rules within ten (10) days after receipt of written demand so to do from the Board, shall entitle the Association, through the Board, to take any and all such action including the institution of proceedings in forcible entry and detainer on behalf of such Owner against his Occupant. Any expenses incurred by the Association, including attorneys' fees and cost of suit, shall be repaid to it by such Owner. Failure by such Owner to make such repayment within ten (10) days after receipt of a written demand therefore shall entitle the Board to levy a special Assessment against such Owner and his Property for all such expenses incurred by the Association. In the event such special Assessment is not paid within thirty (30) days of its due date, the Board may resort to all remedies of the Association for the collection thereof.
* LEASE: RENTAL AND /OR OCCUPATION BY ANYONE OTHER THAN OWNER
3. DIVISION OF LOTS:
No lot shall be resub divided into smaller lots nor be conveyed or encumbered in less than the full original dimension of the lot as shown by the plat of Rolling Hills Estates of which it is a part, except for public utilities, unless said resubdividing has been approved in writing by the Architectural Control Committee.
4. APPROVAL OF PLANS:
No building, fence, wall or other structure shall be commenced, erected or maintained, until the plans and specifications and plot plan, showing the nature, kind, shape, height, materials, floor plans, exterior color scheme, exterior lighting, location and approximate cost of such structure and the grading of the lot to be built upon, including landscaping, shall have been submitted to and approved by the Architectural Control Committee, hereinafter described, and a copy thereof, as finally approved, lodged permanently with said Committee. The Committee shall have the right to refuse to approve any such plans or specifications or grading plan, which are not suitable or desirable, in its opinion, for aesthetic or other reasons, and in so passing upon such plans specifications and grading plans, it shall have the right to take into consideration the suitability of the proposed building or other structure, and of the materials of which it is to be built, to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from the adjacent or neighboring property. The plans and specifications shall conform to and be in compliance with all federal, state and city laws and ordinances. All subsequent additions to or changes or alteration in any building, landscaping, fence, wall or other structure, including exterior color scheme and lighting, shall be subject to the prior approval of the Committee. All decisions of the Committee shall be final, and no lot owner or other parties shall have recourse against the Board of Directors of the Rolling Hills Estates Improvement Association, the Architectural Control Committee or its members for its refusal to approve any such plan and specifications or plot plans, including lawn area and landscaping. The Committee shall not be responsible for any structural defects in such plans or specifications or in any structure or building erected according to such plans and specifications. The approval by the Architectural Control committee of any plans, drawings or specifications for any work done or proposed to be done for any matter requiring approval of the Architectural Control Committee shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawings or specifications submitted for approval.
5. ARCHITECTURAL CONTROL COMMITTEE:
The Architectural Control Committee shall be composed of a minimum of three (3) members, selected by the Board of Directors of Rolling Hills Estates Improvement Association. The Chairperson shall be a member of the Board of Directors. The members of the Committee shall not be entitled to any compensation for services performed under this covenant. The Committee, however, shall have the authority to use the services of an architect as consultant, and to spend a sum not exceeding Two Hundred Dollars ($200) for each set of plans and specifications submitted to it for approval to defray the fees of the consultant. The consultant shall not have the right to vote in passing upon the plans and specifications, The Board of Directors of Rolling Hills Estates Improvement Association shall have the power to change, from time to time, the membership of the Architectural Control Committee, and to fill vacancies by appointment thereto. The Architectural Control Committee shall adopt reasonable standards and guidelines to carry out the intent of the Second Amended Declaration of Covenants, Conditions and Restrictions and make them available to lot owners and their representatives.
6. PETS:
The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind regardless of number shall be and is prohibited on any lot, except that the keeping of small, orderly domestic pets (i.e. dogs, cats or caged birds) not to exceed two per residence, without the approval of the Board of Directors, is permitted; provided, however, that such pets are not kept or maintained for commercial purposes or for breeding, and provided further that any such pet causing or creating a public nuisance or unreasonable disturbance or noise may be permanently removed from Rolling Hills Estates upon 10 days written notice from the Board of Directors. Such pets shall be registered, kept under restraint, controlled, and excreta deposited by the pets removed as required by law.
7. COMPLETION OF CONSTRUCTION:
No temporary house, trailer, tent, garage or other outbuildings shall be placed or erected on any lot, and no dwelling shall be occupied in any manner at any time prior to completion. All dwellings upon which construction has started shall be completed within one year.
8. 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 Board of Directors, except for the following signs:
9. NUISANCES:
No lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the surrounding property. Each lot shall be kept and maintained free from weeds, underbrush or other unsightly growths.
10. INCINERATORS:
No incinerators shall be kept or maintained on any lot.
11. RADIO and TELEVISION ANTENNAS:
Subject to and except as may be otherwise permitted by federal law or federal agency rule or regulation, only antennas for reception of television and radio signals or transmission reception of microwave signals or RF signals for the purpose of wireless internet service shall be place or maintained upon any Lot. Limitations are as follow:
12. TANKS:
Storage tanks are not allowed either above ground or underground.
13. CLOTHESLINES and OTHER STRUCTURES:
No clotheslines, equipment, service yards, wood piles or storage piles, other than those approved by the Architectural Control Committee, shall be kept or maintained on any lot. "Fireplace wood" (not to exceed 2 cords) can be kept during the season.
14. PARKING OF VEHICLES:
15. NATIVE GROWTH and TERRAIN:
Excepting for the purposes of actual construction upon a lot, no stone, sand, gravel, soil or natural growth shall be removed from any lot; provided, however, that the Trustee, its successors or assigns, in carrying out the improvement and development of Rolling Hills Estates, shall have the right in ingress and egress upon all lots for the purposes of grading and excavating thereon, constructing and completing street improvements, installation of public utilities, and to do any and all things necessary to complete the said general plan of improvement. Unless suitable retaining walls are constructed to support the earth, the natural angle of repose of the ground shall not be altered by excavation within seven (7) feet of any boundary line of any lot by other than a slope on a one and one-half (1 1/2) feet horizontal to one (l) foot vertical; provided, however, that nothing in this paragraph shall be construed to prevent any such alteration in any manner with or without retaining walls, by the Trustee, its successors, or assigns, in carrying out the development and improvement of Rolling Hills Estates.
16. SIZE OF DWELLING:
No dwelling house shall be constructed on a lot which does not occupy a floor area of actually and fully enclosed structure, excluding attached garage or porches, of not less than one thousand six hundred (1,600) square feet.
17. SOLAR DEVICES:
Solar devices may be placed, installed or maintained on a Lot including on the roof of any Dwelling Unit constructed on a Lot provided that solar energy devices may be installed subject to reasonable rules adopted and amended by the Association from time to time which do not (i) prevent the installation of the device, (ii) impair the functioning of the device, (iii) impair the use of the device or (iv) adversely affect the cost of the installation or use of the device.
18. HOMEOWNER'S ASSOCIATION:
For the purpose of construction, maintenance and improvement of streets, roads, drives, walks, guard houses, parks, lakes, picnic areas, recreational facilities, clubhouses, lighting facilities, general planting within street and roadway areas, provision for guard compensation, traffic control and all common community services of every kind and nature required or desired within Rolling Hills Estates for the general use and benefit of all lot owners, each and every lot owner, in accepting a deed or contract from any lot in such premises, agrees to and shall be a member of and be subject to the obligations and duly enacted By-Laws and rules and regulations of Rolling Hills Estates Improvement Association, a non-profit Arizona corporation, and to pay an annual assessment and any necessary special assessments levied against each lot (including Tract C) in Rolling Hills Estates to provide the necessary funds for the aforesaid common community services. Such assessment shall be paid promptly when same becomes due and in the event of failure of a lot owner to pay such assessment promptly when due, the lot owner shall be personally liable and the amount of the unpaid assessment shall constitute a lien upon the lot owned by said lot owner. The Board of Directors of the Rolling Hills Estates Improvement Association shall have the authority to enforce the assessment obligations by filing legal action in the Association's name against the lot owner, to impose and record a Homeowners Association Lien, with power of sale, and to foreclose the same. Any unpaid dues and assessments shall bear interest at the highest legal rate and in no event less than ten percent (10%) per annum until paid. The Rolling Hills Estates Improvement Association shall be entitled to all legal and equitable rights and remedies allowed by law to enforce the Second Amended Declaration of Covenants, Conditions and Restrictions. In the event that legal action is necessary, the Association shall be entitled to its reasonable attorneys' fees and costs.
19. PRIVATE ROADWAY EASEMENT:
As an appurtenance to each lot an easement exists for ingress and egress over and across the private roadways as reflected on any plat entitled Rolling Hills Estates now of record or hereafter recorded in the office of the County Recorder of Coconino County, Arizona, which said easement shall run with the title of each respective lot. The aforesaid private roadways shall be owned, subject to the aforesaid easements, by the Rolling Hills Estates Improvement Association.
20. AMENDMENT
This Declaration may be amended at any time by an instrument first approved by the Board of Directors and then approved by two-thirds (2/3) of the Members who timely vote in person or by absentee ballot at the meeting of the Members called for that purpose and in accordance with the Articles of Incorporation and Bylaws of the Association. The quorum requirement (including Members present and absentee or electronic ballots) for any such vote to be effective is 51% of the Members. Any such amendment shall be in writing, signed by the president and secretary of the Association, and shall be duly recorded at the Recorder's Office of Coconino County, Arizona.
21. DURATION OF DECLARATION OF RESTRICTIONS:
The aforesaid Covenants, Conditions and Restrictions, and each and all thereof, shall run with the land and every part thereof, and shall be binding on the owner or owners of any lot in Rolling Hills Estates until the 1st day of July, 1989, after which they shall be automatically extended for successive periods of ten (10) years each, unless a majority of the then owners of the lots has approved a change in the Covenants, Conditions and Restrictions at an annual or special meeting of the lot owners duly noticed and convened in accordance with the Articles of Incorporation and Bylaws of the Rolling Hills Estates Improvement Association.
22. ENFORCEMENT OF COVENANTS:
Failure to enforce any of the covenants, stipulations and restrictions contained herein shall not, in any event, be construed or held to be a waiver thereof or consent to any further or succeeding breach or violation. Upon breach or threatened breach of said covenants, stipulations or restrictions, or any of them, anyone owning or having an interest in Rolling Hills Estates, including Rolling Hills Estates Improvement Association, may bring an appropriate action in the proper court to enjoin or restrain said violation or to compel compliance with the said covenants or restrictions herein contained, or to collect damages or other dues on account thereof. A violation of the said covenants, stipulations or restrictions shall not affect the lien of any mortgages now of record or hereafter placed of record on any lot or part thereof.
23. INVALIDATION:
The invalidation of any one of these restrictions by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
Rolling Hills Estates Improvement Association, a non-profit Arizona corporation, whose purpose is to do all things necessary for the general health, benefit, and welfare of the property owners in Rolling Hills Estates and to present a unified effort to said property owners in protecting their property situated in the County of Coconino, State of Arizona, to wit:
Lots One (l) to Thirty-Five (35) inclusive, Rolling Hills Estates, according to Case 2, Map 216, records of CCA; Lots Thirty-Six (36) to Forty-Five (45), inclusive, Rolling Hills Estates No. 2, according to Case 2, Map 244, records of CCA; Lots Forty Six (46) to One Hundred Seventeen (117) inclusive and Tract C, Rolling Hills Estates No. 3, according to Case 2, Map 272, records of CCA; Lots One Hundred Eighteen (118) to One Hundred Twenty-five (125) inclusive and Tract A-I, Rolling Hills Estates No. 4, according to Case 5, Map 32, records of CCA.
and desiring to establish the nature for the use and enjoyment thereof, does hereby declare said premises and any other premises reflected on any plat or plats entitled Rolling Hills Estates, hereinafter recorded, unless specifically exempted on such plat, subject to the following express covenants and restrictions as to the use and enjoyment thereof, all of which are to be construed as restrictive covenants running with the title to said premises and with each and every part and parcel thereof, to wit:
The term Rolling Hills Estates hereinafter utilized shall be construed to embrace a Subdivision situated in the vicinity of Sedona, Coconino County, Arizona, as the same is constituted by the plat above referred to, and as the same shall hereinafter be constituted by the recordation of any additional plat or plats entitled Rolling Hills Estates, which shall increase the number of lots and premises contained in such subdivision.
1. RESIDENTIAL USE:
The lots and Tracts A-I & C in Rolling Hills Estates shall be known and described and used as single-family residential lots. No structure whatever, other than one private residence and garage for not more than three (3) cars, shall be erected, placed or permitted to remain on any of the lots. No store, office or other place of business of any kind, and no hospital, theater, restaurant, bar or other place of entertainment, barn, stable or church, shall ever be erected or permitted upon any of the lots, or any part thereof, and no business or commercial venture or enterprise of any kind or character whatever shall be conducted in or from any residence on the lots.
2. RESIDENCE LEASES: *
Any agreement for the leasing or rental of a Property (hereinafter in this section referred to as a "lease") shall provide that the terms of such lease shall be subject in all respects to the provisions of this Declaration, the By-Laws and the Association Rules. Said lease shall further provide that any failure by the Occupant thereunder to comply with the terms of the foregoing documents shall be a default under the lease. All leases shall be in writing. No Owner shall be permitted to lease his Property for transient or hotel purposes, which shall be defined as rental for any period of less than thirty (30) consecutive days. No Owner may lease less than his entire Property. Any Owner who shall lease his Property shall be responsible for assuring compliance by the Occupant with this Declaration, the By-Laws and the Association Rules. Failure by an Owner to take legal action, including the institution of a forcible entry and detainer proceeding against his Occupant who is in violation of this Declaration, the By-Laws or the Association Rules within ten (10) days after receipt of written demand so to do from the Board, shall entitle the Association, through the Board, to take any and all such action including the institution of proceedings in forcible entry and detainer on behalf of such Owner against his Occupant. Any expenses incurred by the Association, including attorneys' fees and cost of suit, shall be repaid to it by such Owner. Failure by such Owner to make such repayment within ten (10) days after receipt of a written demand therefore shall entitle the Board to levy a special Assessment against such Owner and his Property for all such expenses incurred by the Association. In the event such special Assessment is not paid within thirty (30) days of its due date, the Board may resort to all remedies of the Association for the collection thereof.
* LEASE: RENTAL AND /OR OCCUPATION BY ANYONE OTHER THAN OWNER
3. DIVISION OF LOTS:
No lot shall be resub divided into smaller lots nor be conveyed or encumbered in less than the full original dimension of the lot as shown by the plat of Rolling Hills Estates of which it is a part, except for public utilities, unless said resubdividing has been approved in writing by the Architectural Control Committee.
4. APPROVAL OF PLANS:
No building, fence, wall or other structure shall be commenced, erected or maintained, until the plans and specifications and plot plan, showing the nature, kind, shape, height, materials, floor plans, exterior color scheme, exterior lighting, location and approximate cost of such structure and the grading of the lot to be built upon, including landscaping, shall have been submitted to and approved by the Architectural Control Committee, hereinafter described, and a copy thereof, as finally approved, lodged permanently with said Committee. The Committee shall have the right to refuse to approve any such plans or specifications or grading plan, which are not suitable or desirable, in its opinion, for aesthetic or other reasons, and in so passing upon such plans specifications and grading plans, it shall have the right to take into consideration the suitability of the proposed building or other structure, and of the materials of which it is to be built, to the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure as planned, on the outlook from the adjacent or neighboring property. The plans and specifications shall conform to and be in compliance with all federal, state and city laws and ordinances. All subsequent additions to or changes or alteration in any building, landscaping, fence, wall or other structure, including exterior color scheme and lighting, shall be subject to the prior approval of the Committee. All decisions of the Committee shall be final, and no lot owner or other parties shall have recourse against the Board of Directors of the Rolling Hills Estates Improvement Association, the Architectural Control Committee or its members for its refusal to approve any such plan and specifications or plot plans, including lawn area and landscaping. The Committee shall not be responsible for any structural defects in such plans or specifications or in any structure or building erected according to such plans and specifications. The approval by the Architectural Control committee of any plans, drawings or specifications for any work done or proposed to be done for any matter requiring approval of the Architectural Control Committee shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawings or specifications submitted for approval.
5. ARCHITECTURAL CONTROL COMMITTEE:
The Architectural Control Committee shall be composed of a minimum of three (3) members, selected by the Board of Directors of Rolling Hills Estates Improvement Association. The Chairperson shall be a member of the Board of Directors. The members of the Committee shall not be entitled to any compensation for services performed under this covenant. The Committee, however, shall have the authority to use the services of an architect as consultant, and to spend a sum not exceeding Two Hundred Dollars ($200) for each set of plans and specifications submitted to it for approval to defray the fees of the consultant. The consultant shall not have the right to vote in passing upon the plans and specifications, The Board of Directors of Rolling Hills Estates Improvement Association shall have the power to change, from time to time, the membership of the Architectural Control Committee, and to fill vacancies by appointment thereto. The Architectural Control Committee shall adopt reasonable standards and guidelines to carry out the intent of the Second Amended Declaration of Covenants, Conditions and Restrictions and make them available to lot owners and their representatives.
6. PETS:
The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of any kind regardless of number shall be and is prohibited on any lot, except that the keeping of small, orderly domestic pets (i.e. dogs, cats or caged birds) not to exceed two per residence, without the approval of the Board of Directors, is permitted; provided, however, that such pets are not kept or maintained for commercial purposes or for breeding, and provided further that any such pet causing or creating a public nuisance or unreasonable disturbance or noise may be permanently removed from Rolling Hills Estates upon 10 days written notice from the Board of Directors. Such pets shall be registered, kept under restraint, controlled, and excreta deposited by the pets removed as required by law.
7. COMPLETION OF CONSTRUCTION:
No temporary house, trailer, tent, garage or other outbuildings shall be placed or erected on any lot, and no dwelling shall be occupied in any manner at any time prior to completion. All dwellings upon which construction has started shall be completed within one year.
8. 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 Board of Directors, except for the following signs:
- (a.) one commercially produced security sign not to exceed 18”x24” may be posted on the Lot while the Owner or lessor subscribes to the security service and shall be removed upon termination of service;
- (b.) one “for sale” sign and one “for lease” sign may be posted on the Lot, which conforms with industry standards: not to exceed 18”x24” plus a “rider” not to exceed 6”x24”. All “for sale” signs and “for lease” signs must be commercially produced;
- (c.) temporary open house signs may be displayed on a Lot as permitted by A.R.S. Section 33-1808, as amended, and by any successor statute thereto, provided, however, open houses shall not be held before 8:00 am or after 6:00 pm;
- (d.) any signs as may be required by legal proceedings;
- (e.) such signs as are approved by the Board of Directors;
- (f.) political signs may be 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 days (3) after an election day. The total political sign area cannot exceed the maximum size limit established from time to time by applicable City of Sedona ordinances. All political signs must be commercially produced.
9. NUISANCES:
No lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the surrounding property. Each lot shall be kept and maintained free from weeds, underbrush or other unsightly growths.
10. INCINERATORS:
No incinerators shall be kept or maintained on any lot.
11. RADIO and TELEVISION ANTENNAS:
Subject to and except as may be otherwise permitted by federal law or federal agency rule or regulation, only antennas for reception of television and radio signals or transmission reception of microwave signals or RF signals for the purpose of wireless internet service shall be place or maintained upon any Lot. Limitations are as follow:
- satellite dish(s) may not exceed 1 meter, (39.37”) in diameter.
- exterior TV antennas for the purpose of receiving local channels may not have a mast height that exceeds 4’ above the roofline of the Dwelling Unit without the prior written approval of the Architectural Control Committee.
- all exterior antennas shall be located in unobtrusive locations.
12. TANKS:
Storage tanks are not allowed either above ground or underground.
13. CLOTHESLINES and OTHER STRUCTURES:
No clotheslines, equipment, service yards, wood piles or storage piles, other than those approved by the Architectural Control Committee, shall be kept or maintained on any lot. "Fireplace wood" (not to exceed 2 cords) can be kept during the season.
14. PARKING OF VEHICLES:
- (a) Vehicles shall be parked in garages or driveways, except as permitted or limited below. Garages may not be altered to eliminate the storage of vehicles.
- (b) Parking on streets is prohibited except for temporary parking for social gatherings.
- (c) Driveways and streets shall not be used to:
- (1) park recreational vehicles, except for loading or unloading within a day;
- (2) park boats, trailers, campers;
- (3) park any inoperable vehicle or to make vehicle repairs;
- (4) park any vehicle that exceeds 8’ in height or 25’ in length;
- (5) park vehicles primarily used for commercial purposes.
- (d) Parking is permitted for
- (1) for vehicles actively being used to provide deliveries or services to residents;
- (2) for residents’ active construction/landscaping projects, provided any required prior approvals or permits have been obtained.
- (e) The Board may reasonably interpret the terms used in this section with the view that the community’s goal is to have safe and uncluttered streets and to maintain an aesthetically desirable neighborhood.
15. NATIVE GROWTH and TERRAIN:
Excepting for the purposes of actual construction upon a lot, no stone, sand, gravel, soil or natural growth shall be removed from any lot; provided, however, that the Trustee, its successors or assigns, in carrying out the improvement and development of Rolling Hills Estates, shall have the right in ingress and egress upon all lots for the purposes of grading and excavating thereon, constructing and completing street improvements, installation of public utilities, and to do any and all things necessary to complete the said general plan of improvement. Unless suitable retaining walls are constructed to support the earth, the natural angle of repose of the ground shall not be altered by excavation within seven (7) feet of any boundary line of any lot by other than a slope on a one and one-half (1 1/2) feet horizontal to one (l) foot vertical; provided, however, that nothing in this paragraph shall be construed to prevent any such alteration in any manner with or without retaining walls, by the Trustee, its successors, or assigns, in carrying out the development and improvement of Rolling Hills Estates.
16. SIZE OF DWELLING:
No dwelling house shall be constructed on a lot which does not occupy a floor area of actually and fully enclosed structure, excluding attached garage or porches, of not less than one thousand six hundred (1,600) square feet.
17. SOLAR DEVICES:
Solar devices may be placed, installed or maintained on a Lot including on the roof of any Dwelling Unit constructed on a Lot provided that solar energy devices may be installed subject to reasonable rules adopted and amended by the Association from time to time which do not (i) prevent the installation of the device, (ii) impair the functioning of the device, (iii) impair the use of the device or (iv) adversely affect the cost of the installation or use of the device.
18. HOMEOWNER'S ASSOCIATION:
For the purpose of construction, maintenance and improvement of streets, roads, drives, walks, guard houses, parks, lakes, picnic areas, recreational facilities, clubhouses, lighting facilities, general planting within street and roadway areas, provision for guard compensation, traffic control and all common community services of every kind and nature required or desired within Rolling Hills Estates for the general use and benefit of all lot owners, each and every lot owner, in accepting a deed or contract from any lot in such premises, agrees to and shall be a member of and be subject to the obligations and duly enacted By-Laws and rules and regulations of Rolling Hills Estates Improvement Association, a non-profit Arizona corporation, and to pay an annual assessment and any necessary special assessments levied against each lot (including Tract C) in Rolling Hills Estates to provide the necessary funds for the aforesaid common community services. Such assessment shall be paid promptly when same becomes due and in the event of failure of a lot owner to pay such assessment promptly when due, the lot owner shall be personally liable and the amount of the unpaid assessment shall constitute a lien upon the lot owned by said lot owner. The Board of Directors of the Rolling Hills Estates Improvement Association shall have the authority to enforce the assessment obligations by filing legal action in the Association's name against the lot owner, to impose and record a Homeowners Association Lien, with power of sale, and to foreclose the same. Any unpaid dues and assessments shall bear interest at the highest legal rate and in no event less than ten percent (10%) per annum until paid. The Rolling Hills Estates Improvement Association shall be entitled to all legal and equitable rights and remedies allowed by law to enforce the Second Amended Declaration of Covenants, Conditions and Restrictions. In the event that legal action is necessary, the Association shall be entitled to its reasonable attorneys' fees and costs.
19. PRIVATE ROADWAY EASEMENT:
As an appurtenance to each lot an easement exists for ingress and egress over and across the private roadways as reflected on any plat entitled Rolling Hills Estates now of record or hereafter recorded in the office of the County Recorder of Coconino County, Arizona, which said easement shall run with the title of each respective lot. The aforesaid private roadways shall be owned, subject to the aforesaid easements, by the Rolling Hills Estates Improvement Association.
20. AMENDMENT
This Declaration may be amended at any time by an instrument first approved by the Board of Directors and then approved by two-thirds (2/3) of the Members who timely vote in person or by absentee ballot at the meeting of the Members called for that purpose and in accordance with the Articles of Incorporation and Bylaws of the Association. The quorum requirement (including Members present and absentee or electronic ballots) for any such vote to be effective is 51% of the Members. Any such amendment shall be in writing, signed by the president and secretary of the Association, and shall be duly recorded at the Recorder's Office of Coconino County, Arizona.
21. DURATION OF DECLARATION OF RESTRICTIONS:
The aforesaid Covenants, Conditions and Restrictions, and each and all thereof, shall run with the land and every part thereof, and shall be binding on the owner or owners of any lot in Rolling Hills Estates until the 1st day of July, 1989, after which they shall be automatically extended for successive periods of ten (10) years each, unless a majority of the then owners of the lots has approved a change in the Covenants, Conditions and Restrictions at an annual or special meeting of the lot owners duly noticed and convened in accordance with the Articles of Incorporation and Bylaws of the Rolling Hills Estates Improvement Association.
22. ENFORCEMENT OF COVENANTS:
Failure to enforce any of the covenants, stipulations and restrictions contained herein shall not, in any event, be construed or held to be a waiver thereof or consent to any further or succeeding breach or violation. Upon breach or threatened breach of said covenants, stipulations or restrictions, or any of them, anyone owning or having an interest in Rolling Hills Estates, including Rolling Hills Estates Improvement Association, may bring an appropriate action in the proper court to enjoin or restrain said violation or to compel compliance with the said covenants or restrictions herein contained, or to collect damages or other dues on account thereof. A violation of the said covenants, stipulations or restrictions shall not affect the lien of any mortgages now of record or hereafter placed of record on any lot or part thereof.
23. INVALIDATION:
The invalidation of any one of these restrictions by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.