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Overview

These pages contain the rules, regulation and operating guidelines which have been adopted by the Architectural Control Committee of Rolling Hills Estates for the construction of a residence as well as subsequent changes or modifications to a residence or landscaping.

The purpose of these requirements is to protect all Rolling Hills Estates property owners, as well as the privately owned subdivision roads.

PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY!!
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If you are planning to build on your Rolling Hills lot, we suggest you review this brochure with your Architect or Designer, as well as your Contractor. We also suggest that you first supply us with a preliminary set of plans. This could save you unnecessary delays in securing final approval of your finished plans.

FINAL PLANS for residential construction must be approved by the Rolling Hills Estates Improvement Association Architectural Control Committee before any construction work, grading or removal of vegetation can occur.
We look forward to having you as neighbor here and wish to as assure you that our actions, as described, are intended to preserve values of all Rolling Hills Estates property owners. We consider ours to be the most desirable subdivision in Sedona and are directing our efforts to maintain this position.
- Architectural Control Committee Chairman

Architectural Control Committee Review Guidelines

Table of Contents: 
Member's Modification or Improvement of Property
This page contains the rules, regulations and guidelines which have been adopted by the Architectural Control Committee of Rolling Hills in accordance with Declaration #4 of our CC&R's, for the construction of a residence as well as subsequent changes or modification to a residence or to landscaping. 
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The purposes of these requirements are to protect all Rolling Hills Estates owners, as well as the privately owned subdivision roads. PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY
 If you are planning to build on Rolling Hills Lot, we suggest you review this brochure with your Architect or as well as your Contractor. We also suggest that you first supply us with a preliminary set of plans. This could save you unnecessary delays in securing final approval of your finished plans.

FINAL PLANS for residential construction must be approved by the Rolling Hills Estates Improvement Association Board of Directors before any construction work. grading or removal of vegetation can occur. Rolling Hills reserves the right to all A.C.C guidelines and policies regardless of whether an item is overlooked during the approval process or during the final inspection.
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We look forward having you as a neighbor here and wish to assure you that our actions as described, are intended to preserve the values of all Rolling Hills property owners.

A. New home construction or tear down / rebuild
  1. New home construction documents required
  2. Deposit - $2500.00
  3. Time frame from ground breaking to completion— 12 months maximum
B. Major home remodel /addition/pools/decks/stairways etc.
  1. New home construction documents required - 8/00 edition
  2. Any change in home footprint or major change in exterior appearance
  3. Deposit -$1,000.00
  4. Time frame from start of project to completion — 12 months maximum
C. Landscaping. roof/home color / material change. doors. windows, coolers, lights, fence, wall, parking space. etc.
  1. Two sets of plans plus letter describing the project you want to complete:
    1. Letter must include types, sizes, colors, position on property, pictures or samples if appropriate, materials, etc.
  2. Deposit - None
  3. Time frame — Twelve months authorization given to complete project. You must resubmit request if not completed in twelve months.
Please consider the impact on your neighbors in planning your projects!

Modifications, Changes & Additions

Any subsequent modification of a floor plan of a residence, any change in its exterior appearance or any significant man-made change in the appearance of a lot must be approved by the Architectural Control Committee.

Examples:
  1. Remodeling (which means changes to the external portions of the home, landscaping and entrance.)
  2. Changing the location of or adding an exterior door, window, stairway, porch, patio, deck, exterior fireplace, hot tub, pool, water feature, air conditioner, evaporative cooler, furnace and/or solar unit.
  3. Construction of additional exterior parking space(s) for autos or a modification of an approved driveway
  4. Erecting a fence, wall, arbor, gazebo or planter.
  5. Painting a house, wall or other structure on the property.
  6. Modifications of the exterior planting or landscaping on the lot, particularly involving trees or high shrubs which might effect sight lines of other property owners or of traffic.
  7. Modifications or addition of outside lights.
  8. Roof replacement.
  9. Satellite and/or high speed computer antennas.

Requesting authorization (ACC meets once per month based on work load)
  1. A letter to the ACC describing the proposed project. Details per above.
  2. Two copies of the Lot showing the placement of the proposed project. 
  3. Drop off at the guardhouse. The ACC will review the proposal and if approved, give back to the member an approved stamped copy. If not approved, a meeting will be scheduled to review options that would be available to receive approval.
  4. Member's projects can be started after approval is issued and received.

Our guidelines generally follow the “Environmentally Sensitive Lands Regulations” adopted by the City of Sedona.

Procedure for securing approval of plans for the construction of a residence

The amended Declaration of Covenants, Conditions and Restrictions for Rolling Hills Estates provides, among other things, that no structure shall be commenced or erected until the plans and specification for the structure have been reviewed and approved by the Architectural Control Committee of the Rolling Hills Estates Improvement Association.
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Presented below is a description of the procedure to be followed in seeking approval of plans for the construction of a residence or other structure in Rolling Hills Estates.
  • Information to be presented to the Architectural Control Committee:
    • The new home construction package including Forms A - K.
    • Two complete sets of plans relating to the proposed construction. One set of plans will be returned to the Owner with the action of the Architectural Control Committee indicated. The plans submitted shall, as a minimum include all the information set forth in the enclosed new home construction checklist.
    • Check for the construction deposit.
  • The information set forth in the paragraph above shall be delivered to the Architectural Control Committee at the guardhouse or may be mailed to the following address: 
Architectural Control Committee
Rolling Hills Estates Improvement Association
​ 10 Rolling Hills Road, Sedona, Arizona 86336
  • The plans will be sent to a qualified engineering company for their review regarding Rolling Hills Estates CC&R's and good building practices.
  • After review of the information submitted, the Architectural Control Committee will advise the property owner{s} of any questions, comments, objections or suggestions. If the Architectural Control Committee has no questions, comments, objections or suggestions, the Owner{s} will be advised and the plans will be approved. The Committee will thereupon return to the Owner{s} one copy of the plans and the new construction package showing the approval of the committee
  • Construction may take place upon receipt of the approval. It must be completed within twelve months from date of groundbreaking.
  • ​A final inspection will be completed by the Rolling Hills Architectural Control Committee to assure that the plans submitted have been adhered to.

Be sure that you are using an Arizona Licensed General Contractor that holds a current license!
MAXIMUM HEIGHT OF RESIDENCES:
The reference point used by the AC.C. in calculating the maximum allowable height of a residence is by referring to two different base points on the particular property in question (using existing grades — prior to excavation.)
  1. Base point #1 is the highest point on the perimeter of the "potential building site." The “potential building site” is determined by inscribing on a topographical map of the building site, the set-back requirements of the City of Sedona. The highest elevation of any point on the set-back lines is Base Point #1.
  2. Base point #2 is the highest on the lot measured at the perimeter of the residence which is to be constructed on the site. This perimeter shall be set forth on the topographical map referred to in #1 above and shall include the enclosed living space of the residence but shall exclude all decks, driveways, overhangs, foundations, chimneys, garage, and other appurtenance not inside the enclosed living area.
The maximum allowable height of a proposed residence is eighteen (18') feet above the lower of the two base points identified in #1 and #2 above. Using objective considerations, the A.C.C. may require a lower overall height than the maximum height set forth above. The A.C.C. would like to emphasize that all houses should be kept as low as feasible in order to protect the views from adjoining properties.
Benchmark — This is a permanent marker which a surveyor uses as his starting point when surveying a Lot. Normally the benchmark is described as 100.00 and all other reference points on the Lot measure higher or lower than the benchmark. The benchmark may be a steel utility lid on the street next to the property or a piece of rebar with concrete surrounding it. The benchmark must not be during the building process.

MAXIMUM HEIGHT OF LANDSCAPING MATERIALS:
In Sedona we all believe that views, privacy and shade are important to the enjoyment of any home. We are blessed in Rolling Hills that we are situated in the middle of Red Rock country and our views cover 360 degrees. Whenever a new home is built, an addition added, a tree or bush planted, views, privacy and shade are impacted. There will always be a plus and minus effective to these change. It is the intent of the ACC to guide and approve these changes to minimize the effects of these changes on each of our neighbors. The below guidelines are to help the ACC manage these changes in the best interest of all.

​Homeowners should not request approval of landscaping which have a mature height exceeding twenty-five feet (25').
Approval of any landscaping material by the ACC does not exempt the approval of the proposed landscaping material from 25' height limit. Trees which grow 25' will be subject to trimming if the canopy of a single tree or the combination of trees exceeds an area approximately 25’ high and 40' wide. On any one property if a tree or several trees exceed 40' canopy width, all other trees on property must be maintained below the 25' limit at all times. If canopy screening on two adjacent lots exceeds 25' high and 60' wide all other landscaping on those two properties must be maintained below the 25' limit at all times. Each neighbor will have 30' of the 60' unless a reallocation is mutually agreed to by each neighbor.  If the canopy screening exceeds 30' high and 40' wide and the ACC receives a written complaint the trees will be required to be trimmed below the 25' limit. The ACC will reject a complaint if the trees in question are further than 150' from the complaining homeowner's lot. Canopy screening will be described as 70% blockage or more of normal sight views from trees fully leafed. No tree shall exceed 40' if it has a least 25' wide. Material having a mature height in excess of fifteen (15’) feet must be planted apart so as to not screen views from other lots. In general, plant materials with a mature of 15 to 18 feet are preferred. Trees requiring trimming will be viewed on a case by case basis and must have a written compliant to begin the review process. Any landscaping material planted without prior ACC approval will be subject to removable if it falls into the review process.
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Plantings on a corner be low enough so as not to create a safety hazard by impairing visibility of motorists on Rolling Hills Estates Roads. Trees and bushes must not be planted closer than eight feet from the street.

Addendum II - “Pet Enclosure Guidelines”

Plans: Homeowner MUST submit TWO sets of plans prepared by an Architect or Landscape Contractor to the A.C.C. for review. No “pet enclosure” may be installed without the approval of the AC.C. Include all setback information, materials, landscaping, size of structure etc. to the A.C.C.

Material: A “pet enclosure” should be consistent with the homes’ architecture and be of natural appearance to blend in with the homes’ landscaping and of substantive material to expect longevity. Metal fencing of any type will not be allowed unless significantly covered by vines or bushes. Landscapng of sufficient size and quantity will be required to achieve a 70% coverage within twelve months. A natural wood fence is the preferred material. The enclosure shall not exceed  4 ½’ in height from grade.

Location: No “pet enclosure” shall be permitted in the front yard of any dwelling. No “pet enclosure” shall be permitted on the side yard of any dwelling if it can be seen from the road. If a side yard is used, it must be obscured by an earth berm or planter (at least 50% of the barrier height) and landscaping. Under no circumstances will a pet enclosure be allowed on a side yard of a corner lot (street side only). Set back requirement are 15’ from the rear and from the side property line.

Maintenance: The plans shall include a drip system supplying adequate water to each new vine, bush and/or tree. No vine or bush should exceed the height of the structure by 1’. Any landscaping that dies must be replaced.

Exceptions: The above policy has been established to accommodate homeowner who need pet enclosure.  However, if such a structure would impair the view from any other property in Rolling Hills Estates, such structure shall not be allowed. 

Addendum III - "Privacy Screen Guidelines"

Plans:  Homeowner MUST submit TWO sets of plans prepared by an Architect or Landscape Contractor to the A.C.C. for review. No such privacy "screen" or "arbor" may be installed without the approval of the A.C.C. and the City of Sedona. Include all setback information, materials, landscaping, size of structure and City of Sedona Permit to the A.C.C.

Materials: The "screen" or "arbor" should be consistent with the homes’ architecture and be of natural appearance to blend in with the homes’ landscaping. The material used should be redwood lattice, made up of cross strips of 1" x 1/4" lattice strips boxed in with redwood 2" x 4" 's and attached to redwood 4" x 4" 's, properly installed in the ground with cement. Such 4" x 4" 's should be on the owners side of the lattice work being installed. (See back of book under Exhibits). Landscaping with the intent of obscuring the "screen" or "arbor" by vines, bushes and/or trees is required.

Location: No "screen" or "arbor" shall be permitted in the front yard of any dwelling. The size of any "screen" or "arbor" shall be less than half the length of the side of the dwelling it presides on. The "screen" or "arbor" must follow the guidelines, unless noted here, set by the City of Sedona.

Maintenance: The plans shall include a drip system supplying adequate water to each new vine, bush and/or tree. No vine or bush should exceed the height of the structure by 1'. Any landscaping that dies must be replaced.

Exceptions: The above policy has been established to accommodate homeowners who need privacy for patios and decks. However, if such a structure would impair the view from any other property in Rolling Hills Estates, such structure shall not be allowed.

Addendum IV - "Surface Water Drainage"

Home: Gutters / scuppers and downspouts are required on all homes. Downspouts will have a turnout to move the water away from the foundation of the property. Each turnout will dump the into a rock swale which will move the water to the designated release point on the property. Exceptions to a rock swale will be for gutters that dump onto patios, driveways, grass yards, etc. These surfaces must account for these discharges by moving the water to designated swales or yard areas satisfactory to the ACC. On lots where there is a single release point it may be necessary to provide a pooling area to minimize the heavy run-off-to adjacent properties in heavy rains.

Property: The grading of the lot shall take into account the previous water drainage patterns. The ingress and egress of water from the lot to adjoining lots or to the road shall not be without approval from the committee. Provisions for erosion shall be required. The lot owner is responsible for the design and installation of proper facilities to control surface water run-off to prevent damage to all adjacent properties, including streets. Moving water onto streets is only used when no other drainage pattern is available. Adding a home with its significant hard surface area (roof, driveway, decks, patios) increases the speed that water sheds off a property and decreases the amount that is absorbed by property. Previous to the addition of these hard surface areas to a property significant erosion may not be present. After the addition of these hard surface areas drainage patterns must be upgraded to accept new, higher levels of run-off.
Each homeowner is responsible for water drainage on his property. Water drainage from new home construction will affect current home owners’ drainage levels. It is each homeowners’ responsibility to correct any drainage deficiencies on his own property.

Swales:  A description of the proposed swale on a property be shown on all new plans for drainage improvements. A cross section view must also be included on the plans and include type of rock (red or natural preferred), size of the swale both in width and height, and type of material used under the rocks. Size of rock/stones used must be of an acceptable (6" minimum) to the amount of water anticipated in the drainage swale. Swales must be constructed so as to be “erosion proof” from heavy rainstorms.

Culverts: Culverts under driveways must be a minimum of 12". Larger culverts may be needed where significant drainage is anticipated. These Culverts are susceptible to closure from sand, dirt and debris from heavy rainfall. The homeowner is required to keep his culverts open for free flow to prevent damage to surrounding property.

Pools :  All pool backwash must be piped to the sewer system. No back-washing onto adjacent land is acceptable.                     

​Addendum V - "Equipment Sound Control"

Cooling Equipment: All air conditioners / evaporative coolers must have provisions for sound control barriers. A solid wall at least six inches higher than the cooling equipment shall enclose it on a minimum of two sides (not counting home’s wall) arranged to minimize direct paths for noise to impinge on neighbors. Where neighbors’ adjacent windows are higher, because of lot elevation variance, a slightly higher wall may be needed. Rule of thumb is that the top of the equipment should not be visible from neighbors windows, patios or decks. No evaporative coolers will be allowed on the roof of any house. Screening of these evaporative coolers must be done with evergreen trees to reduce noise to neighbors. The placement of cooling equipment by the new home should be done with careful review of neighbor’s proximity of patio’s, deck’s or bedroom windows. The thickness or sound barrier rating of all sound control walls should be considered on the basis of the basis of the distance to immediate neighbors. The preferred material is concrete block wall. On one side of a row vented block at ground level may be used to help with air circulation.
​Pool Equipment: Follow the guidelines above.

Addendum VI - "Landscaping"

Trees: No more than 2 trees shall be removed from a lot unless trees are located in an area where structures or improvements will be placed. After construction is completed, a minimum of 8 trees shall be required within 30 feet of the structure walls for a footprint area of 1,600 square feet. One additional tree shall be required for each 400 square feet of additional foot print area. The required trees shall be a minimum of a 2-inch diameter at 4 1/2 feet. Trees must be spaced appropriately on each side of the home (minimum of two trees per home side) to soften the look from neighbors’ property and the street. Existing trees can be counted in the above. Footprint is described as the outside dimensions of the livable space, garage and any covered patios. Please round to the nearest footage area. Please note height restrictions on trees in Addendum I.
 
1600 sq foot footprint = 8 trees                                  3200 sq foot footprint = 12 trees
2000 sq foot footprint = 9 trees                                  3600 sq foot footprint = 13 trees
2400 sq foot footprint = 10 trees                                4000 sq foot footprint = 14 trees
2800 sq foot footprint = 11 trees
 
Tree / bush placement (10' Rule): A minimum placement of trees and/or bushes must be completed to break up any areas of a home's perimeter that exceeds ten feet of lineal concrete/stucco (10 feet wide — eight feet high) excluding garage fronts. High walls must, at a minimum, have one tree per ten feet. Combinations of bushes and a tree are the preferred landscaping to break up large walls of concrete/stucco. Short walls exceeding 10 feet must have at least two bushes breaking up the look. The intent is to soften the look of the large concrete / stucco portions of the new larger homes in Rolling Hills.
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Landscaping plans: At a minimum the ACC will need plant types, index of plant types, plant placement on property, drip system line flow, areas of home exceeding the 10' perimeter rule, trees needed per table above and placement of natural trees and their type. Any plantings approved for new home construction must be replaced if they die.
***Also see addendum 1, Page 5 MAXIMUM HEIGHT OF LANDSCAPING MATERIALS.

Watering system: Homes with natural native desert landscaping do not need an underground drip system. All homes with new non-native desert landscaping will install an underground drip system.

Addendum VII - "Miscellaneous Guidelines"

Lot and Landscaping
A. Retaining walls — (CC&R 15) — 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 ½) ft horizontal to one (l) vertical. The CODE (Section 903.l) restricts the maximum height of a retaining wall to 8ft.

B. Antennas, Clotheslines, etc. (CC&R 11 & 13) — No exposed or exterior radio or television transmission or receiving antennas (excluding satellite dishes) shall be erected, placed or maintained on any part of such premises. No clotheslines, equipment, service yards, wood piles or storage piles, other than those approved by the ACC, shall be kept or maintained on any lot. Satellite antennas and high speed computer antennas must be pre-approved by the ACC and must be located in the most inconspicuous spot available. Painting each the color of the house may be required.

C. Children's play equipment — All children's play equipment (swing sets, jungle gyms, sandboxes, slides, etc.) must be located in the rear yard a minimum of 10' from any lot line. Play/sports equipment exceeding 6' high must be approved by ACC.

D. Setbacks — 20 feet front and rear and 10 feet side yards. Rolling Hills has added that for comer lots, required setbacks are 20 feet for both street frontages and 10 feet for sides. In instances where streets have encroached on lots and property pins are in the street (less than 15 feet from the center of the pavement), setback will be 35 feet from the center of the pavement (45 feet on Alexandria.) On corner lots, the above will apply to both front and side street setbacks.

E. Swimming pools — CODE (Chapter 7) requires a 5-foot-high barrier for swimming pools. Rolling Hills has added the requirement that an outside swimming pool shall be placed at the rear of a residence and the enclosure for a swimming pool shall be carefully reviewed by the board. All barriers should be of steel or metal strength and should include child locking devices on all gates. Landscaping should be added to minimize the impact of the fencing to the neighborhood. Home architecture will be considered on all plans submitted for pools and barrier walls. Set-back requirements are 10' minimum from any lot line.

Residence Exterior
A. Roof — It is desirable that all new residences with pitched roofs have clay tile or similar fireproof material. Tile is preferred as it gives a substantial appearance to a home, increases its curb appeal and enhances the value of the subdivision. All flat roof surfaces must be tinted to match the home's exterior paint color.

B. Piers — The minimum size of exposed columns for the main foundation of a house should be 18 inches across. They can either be square or round. Columns for a deck should meet the same standards, with a 14 inch minimum. Code 903.01 limits the maximum height of a pier to 14 feet from grade to top of railing.
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A. Chimneys -- To give a substantial look to a house, the minimum size of a chimney should be 18 inches in diameter. Code 903.1 limits the maximum height of the chimney mass to 5 feet above roof line and requires that no chimney pipe or other device shall exceed the overall mass height by more than 12 inches.

B. Exterior color and siding material -- The exterior color on new construction must meet the Sedona requirements (CODE 904. l) for Light Reflectance Value (LRV.) In general, the maximum LRV for a new home is 38%. If an existing house is repainted, and the color is changed, the LRV value must be met.
The siding should be such that it gives a substantial look to the house. Stucco, or brick is acceptable. CODE 906.1 states "Materials used for exterior surfaces of all structures shall blend in color, hue and tone with the characteristics of the surrounding natural terrain to avoid high contrast."

C. Exterior lights -- Code 911.01 requires that "exterior lighting shall be directed downward, recessed or shielded so that the light source is not visible from beyond the property line." All exterior light sources must have ACC approval. 

D. Awnings & windows — Awnings should be of a similar color as the surface that they adjoin to minimize contrast. CODE 906.1 states "Mirrored" or reflective surfaces or any treatments which change ordinary glass into mirrored surfaces are prohibited. Tinted glass is acceptable.

E. Decks -- The design of decks should be such that they harmonize or blend in with the house. The color should be the same as the house or the trim.

F. Solar panels - Solar panels should be placed in a location that minimizes their visibility from other homes. Solar panels will not be allowed on the front of any home.

G. Roof Vents — Turbine type roof vents will not be approved. 

H. Encroachments -- CODE 901.03 says no structure other than free standing walls shall encroach on or reduce the setback requirement except that steps and architectural features such as, eaves, cornices, etc. may project not more than 5 feet into any required front yard area, but may encroach into any required side and rear yard by not more than half of the required side and rear yard areas. Courtyard walls higher than 3 feet may not encroach into any setback areas. No enclosure of any type closer than 15 feet from the rear property line.

Residence Interior
A. Minimum Size -- (CC&R) No dwelling house shall be constructed on a lot which has less than 1,600 sq ft of livable space, excluding attached garage or porches.

B. Interior Changes - It is the intention of the ACC to approve interior changes provided the changes do not result in a residence that could be converted to occupancy of more than one family, such as changes which set up two separate cooking facilities in a residence.
 
Rolling Hills A.C.C. reserves the right to enforce all ACC guidelines and policies regardless if an item is overlooked during the approval process or during the final inspection.

Procedure for securing residential construction plan approval

Approval Application Package and other Association forms
​Individual Forms:

Articles of Incorporation of
​Rolling Hills Estates Improvement Association

(A non-profit corporation)
 
KNOW ALL MEN BY THESE PRESENTS:
We, the undersigned, have voluntarily associated ourselves together for the purpose of forming a non-profit corporation under and pursuant to the laws of the state of Arizona, and for that purpose do adopt the following Articles of Incorporation:
I. NAME
The name of the corporation shall be ROLLING HILLS ESTATES IMPROVEMENT ASSOCIATION, and its principal place of business shall be at Sedona, Arizona.
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 plat of record 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.
II. PURPOSES AND OBJECTS
The purposes and objects of the corporation shall be as follows:
  1. 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 the value of their property.
  2. To construct, maintain and improve streets, roads, drives, walks, guard houses, parks, lakes, picnic areas, recreational facilities, club houses, lighting facilities, general planting within street and roadway areas, make provision for guard compensation, traffic control, and all common community services of every kind and nature required or desired within the subdivision for the general use and benefit of all property owners.
  3. To do any and all things necessary or incidental to effectuate, maintain and enforce the covenants, stipulations and restrictions contained in the Declaration of Restrictions pertaining to Rolling Hills Estates, and of record in the office of the County Recorder of Coconino County, Arizona, or as the same may from time to time be amended.
  4. To provide the necessary funds for the aforesaid purposes and objects by means of assessments levied against each lot in Rolling Rills Estates, and by means of annual dues.
  5. To carry on any business or activity in any manner connected with the purposes and objects of this corporation, or necessary, incidental, convenient or auxiliary thereto, calculated directly or indirectly to promote the purposes and objects of the corporation, and, in addition, to have and exercise all rights, powers and privileges now or hereafter belonging to or conferred upon non-profit corporations existing under the laws of the State of Arizona as such laws are now in effect or may at any time hereafter be enacted or amended.
  6. To take, acquire and possess in the name of the corporation, by gift, devise, bequest, purchase, lease, or otherwise, real and personal property of every kind; to sell, lease, or otherwise dispose of said property, or any part thereof; and to borrow money and to secure the same by mortgage, or otherwise, on any of its property.
The foregoing clauses shall be construed as a statement of objects, purposes and powers, and the objects, purposes and powers in each clause, except where otherwise expressed, shall in no way be limited or restricted by reference to or inference from the terms or provisions of any other clause, but shall be regarded as independent purposes and powers.
​III. COMMENCEMENT
The commencement of this corporation shall be the date of issuance to it of a Certificate of Incorporation by the Arizona Corporation Commission, and it shall endure for a term of twenty-five {25) years thereafter with privilege of perpetual succession, as provided by law.
​IV. BOARD OF DIRECTORS
The affairs of the corporation shall be conducted by a Board of Directors. The number of directors shall not be less than three (3) nor more than twenty-five (25), as determined by the By-Laws of the corporation. The Board of Directors shall be elected at the annual meeting of the members to be held on the first Tuesday in January of each year if not a legal holiday under the laws of the State of Arizona, and if a legal holiday, then on the next succeeding business day, at 10:00 in the forenoon, subject to the proviso that the first Board of Directors shall hold office until the annual meeting in the year 1975.
V. MANAGEMENT
The officers of the corporation shall be a President, one or more Vice Presidents, a Secretary, a Treasurer, and such other officers as the Board of Directors may elect or appoint, any or all of whom may or may not be members of the Board of Directors, as the By-Laws of the corporation shall provide. The officers of the corporation shall be elected by the Board of Directors immediately after each annual meeting of the members, in the manner as the By -Laws of the corporation shall provide, subject to the proviso that the first officers elected shall hold office until the annual meeting in the year 1975.
​VI. MEMBERSHIP
The corporation shall have no capital stock but shall admit as members of this corporation the owners of lots in Rolling Hills Estates, or owning stock in a corporation which owns a lot or lots in such subdivision. Where two or more persons are the joint owners of a lot in Rolling Hills Estates, one, and only one, shall become a member. If two or more persons are stockholders in a corporation owning a lot in such subdivision, one, and only one, shall become a member. Only members shall be entitled to vote, and each membership shall be entitled to cast one vote for each and every lot, as designated on the plat or plats from time to time of record constituting the subdivision known as Rolling Hills Estates, owned by such membership. The regulations of membership, the rights and privileges of members and classes, dues obligations, and the method of expulsion and suspension shall be determined and fixed by the by-laws of the corporation.
VII. BY-LAWS, RULES AND REGULATIONS
The corporation shall have the authority to adopt such by-laws and rules and regulations as may be consistent with the purposes enumerated herein and consistent with the laws of the State of Arizona under which this corporation is incorporated, and to amend the same from time to time as provided in said by-laws.
VIII. INCORPORATORS AND DIRECTORS
The following named persons, who also constitute the incorporators of this corporation, were duly elected as directors on the 29th day of July, 1969, at Sedona, Arizona, and shall act as directors until their successors are elected and qualified, as provided by these articles of incorporation and the by-laws of the corporation:
Name:
Address:
​Maj. Gen. Walter E. Arnold
U.S. A. F. Retr'd. 
​2044 Brookwood Drive
Colorado Springs, Colorado 
​James E. Geary 
​P.0. Box 360
Sedona, Arizona 86336
​Edith P. Geary
​P.0. Box 360
Sedona, Arizona 86336
​IX. OFFICERS
The following named persons shall be the officers of this corporation until their successors are elected or appointed and qualified, as provided by these Articles of Incorporation and the By-Laws of this corporation:
Name:
Address:
Office:
​Maj. Gen. Walter E. Arnold
U.S. A. F. Retr'd
​2044 Brookwood Drive
Colorado Springs, Colorado 
​President
James E. Geary 
​P.0. Box 360
Sedona, Arizona 86336
Vice President
​Edith P. Geary
​P.0. Box 360
Sedona, Arizona 86336
Secretary - Treasurer
X. DUTIES OF OFFICERS AND DIRECTORS
The By-Laws of this corporation shall define the duties of the directors and officers of the corporation.
XI. ANNUAL DUES
Every member shall be required to pay annual dues, the amount of which shall be determined by the Board of Directors, and may be changed from year to year by the Board of Directors or by a majority vote of the members.
XII. ASSESSMENTS
For the purpose of providing necessary funds to carry out the purposes and objects of the corporation and necessary operating expenses of the corporation, there shall be levied annually an assessment against each lot in Rolling Hills Estates, the amount of which shall be determined by a majority vote of the membership attending the annual meeting or any special meeting called for the purpose of determining the amount of such annual assessment. In the event of failure of a lot owner to pay such assessment promptly when due, the amount of the assessment shall constitute a lien upon the lot against which such assessment was levied. The Board of Directors is authorized to direct the Secretary of the Corporation to compile a list of all such lots and the amount of the unpaid assessment levied against each such lot and to direct the President and Secretary of the corporation to certify such unpaid assessments to the County Recorder of Coconino County, Arizona, and to cause the same to be entered as a lien upon the lot against which the assessment was made and unpaid when due, subject to state and county taxes and mortgages of record. The Board of Directors may authorize the President and Secretary of the corporation to enforce a lien in equity by foreclosure thereof in the name of the corporation in the manner of foreclosure of a real estate mortgage. The foreclosure judgment shall award to the corporation reasonable attorneys' fees and taxable court costs incurred in connection with the foreclosure. The President and Secretary shall release any such lien upon payment of the delinquent assessment by or on behalf of the owner of the lot or Iots against which such assessment was made.
XIII. INDEBTEDNESS
The highest amount of indebtedness, direct or contingent, to which this corporation is at any time to subject itself shall be the sum of THREE MILLION DOLLARS. ($3,000,000.00)
XIV. PRIVATE PROPERTY EXEMPT
Private property of the members, directors and officers of this corporation shall be forever exempt from corporate debts and obligations.
XV. NON-PROFIT
This corporation is organized exclusively as a non-profit organization, and its activity shall be conducted for the aforesaid purposes in such a manner that no part of the earnings, properties or assets of this corporation, on dissolution or otherwise , shall inure to the benefit of any private person or individual, or any member, director, or officer of this corporation, and its property shall be irrevocably dedicated to non-profit purposes, to the end that upon liquidation or dissolution, all properties and assets of this corporation remaining after paying and providing for all debts and obligations shall be distributed and paid over to such fund, foundation, group, corporation, or public body organized and operated for charitable, educational or municipal purposes as the Board of Directors shall determine.
XVI. RIGHT TO AMEND RESERVED
This corporation reserves the right to alter, amend or repeal any provisions contained in these articles of incorporation in the manner now or hereafter prescribed by the laws of the State of Arizona, and all right conferred upon members herein are granted subject to this reservation.
XVII. INDEMNIFICATION
The corporation may indemnify any and all of its directors and officers, or former directors and officers, against expenses incurred by them, including legal fees, or judgments or penalties rendered or levied against any such person in a legal action brought against any such person for actions or omissions alleged to have been committed by any such person while acting within the scope of his employment as a director or officer of the corporation, provided that the Board of Directors shall determine in good faith that such person did not act, fail to act or refuse to act willfully or with gross negligence or with fraudulent or criminal intent in regard to the matter involved in act or omission.
XVIII. STATUTORY AGENT
Keith F. Quail, Post Office Box 1391. Prescott, Arizona, who has been a bona fide resident of the State of Arizona for three (3) years last past, is hereby appointed and made the lawful agent for and in behalf of this corporation, in and for the State of Arizona, to accept and acknowledge service of, and upon whom may be served, all necessary process or processes in any action, suit or proceeding that may be had or brought against this corporation in any of the Courts of said State of Arizona: such service of process or notice, or the acceptance thereof by him endorsed thereon, to have the same force and effect as if served upon the corporation. The Board of Directors may revoke the appointment of such agent at any time and shall have power to fill any vacancy in the office of statutory agent. This appointment shall be deemed properly revoked by the filing of the appointment of another agent as required by law.
IN WITNESS WHEREOF, we have executed these Articles of Incorporation this 29th day of July, 1969.
​
INCORPORATORS:

Second and Third Amended
​Declaration of Covenants, Conditions and Restrictions

Table of Contents:

SECOND AMENDED DECLARATION OF
​COVENANTS, CONDITIONS AND RESTRICTIONS

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. RESDENCE 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 lLot 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 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:
  1. satellite dish(s) may not exceed 1 meter, (39.37”) in diameter.
  2. 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.
  3. 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. WAIVER:
The Architectural Control Committee shall have the right to enter into agreements with the grantee of any lot or lots (without the consent of the grantees of other lots of adjoining or adjacent property) to deviate from those conditions, restrictions, covenants and stipulations herein set forth which refer to square footage content, areas of improvement, easements, building plans, garbage disposal, clotheslines, service yards, storage piles, wood piles, tanks, native growth and terrain, and any such deviation which shall be manifested by agreement in writing shall not constitute a waiver of any such condition, restriction, covenant, stipulation or agreement as to the remaining lots in Rolling Hills Estates, and the same shall remain fully enforceable with respect to all other lots located in Rolling Hills Estates.
 
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.

24: The Amended Declaration of Covenants, Conditions and Restrictions amends the Declaration of Restrictions recorded in the Coconino County Recorder’s Office in Docket 339 at pages 25 through 36 on the 200th day of August, 1969.
 
25. The Second Amended Declaration of Covenants, Conditions and Restrictions amends the Amended Declaration of Covenants, Conditions and Restrictions recorded in the Coconino County Recorder’s Office in Docket 1668 at pages 904 through 910 on the 4th day of May 1994. The Second Amended Declaration of Covenants, Conditions and Restrictions corrects the legal description of Tract A. l.
​DATED this 29th day of November, 1994
ROLLING HILLS ESTATES IMROVEMENT ASSOCIATION,
a Non-Profit Arizona Corporation, Successor in Interest to Yavapai Title Company
​Tom Schultz, President
Attest:

​​On this, 29th Day of  November, 1994 before me, the undersigned Notary Public, personally appeared Tom Schultz and Jo Pelusi who acknowledged themselves to be the President and Secretary respectively of ROLLNG HLLS ESTATES ny0ROVEN,ŒNT ASSOCIATION, a Non-Profit Arizona corporation, and that they as such President and Secretary, respectively, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation, as Trustee, by themselves as President and Secretary, respectively.
 
IN WITNESS WHEREOF, 1 hereunto set my hand and official seal.
NOTARY PUBLIC, YAVAPAI COUNTY, ARIZONA, MY COMMISSION   EXPIRES SEPT 14, 1999

THIRD AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

​This Third Amendment to the Declaration of Covenants, Conditions and Restrictions is made after approval by a vote of a majority of the owners of the lots at a special meeting of the lot owners duly noticed and convened in accordance with the Article of Incorporation and Bylaws of Rolling Hills Estates Improvement Association (hereinafter referred to as the "Association") 
 
RECITALS:  

WHEREAS, a Declaration of Restrictions was recorded in the Official Records of Coconino County in Docket 339 pages 25 ff.

WHEREAS, thereafter, an Amended Declaration of Covenants, Conditions and Restrictions was recorded in Docket 1668 of the Official Records of Coconino County at pages 904 ff.

WHEREAS, thereafter a Second Amended Declaration of Covenants, Conditions and Restrictions was recorded on December 9, 1994 in Docket 1730 at pages 709 through 716 of the Official Records of Coconino County (hereinafter referred to as "Second Declaration")

NOW, THEREFORE, this Third Amendment to the Declaration of Covenants, Conditions and Restrictions shall amend the Second Amended Declaration of Covenants, Conditions and Restrictions. The property more particularly described in the paragraph that follows shall hereafter be held, transferred, sold, conveyed, leased, occupied, and used subject to the Second Amended Declaration of Covenants, Conditions and Restrictions as amended herein, all of which shall run with the land and be binding upon the property and all parties having or acquiring any right, title, or interest- in or to the property, or any part thereof, and shall inure to the benefit of each owner thereof, Rolling Hills Estates Improvement Association, and each member thereof.

All references herein to the “property” shall mean:
Lots One (1) 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 CCÄ; 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.

AMENDMENT
1. Article 20, of the Second Amended Declaration is amended by deleting it in its entirety and substituting therefore the following new Article 20:
​
20. AMENDMENT
This Declaration may be amended at any time by an instrument approved by a vote of two-thirds (2/3) of the members of Rolling Hills Estates Improvement Association, an Arizona not for profit corporation, in person or by proxy, at a meeting of the members called for that purpose and in accordance with the Articles of Incorporation and Bylaws of the Association. 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.
2. In all other respects the Second Amended Declaration of Covenants, Conditions and Restrictions recorded in Docket 1730 at pages 709 through 716 of the Official Records of Coconino County is approved, confirmed and ratified as to all unchanged matters and is incorporated herein by reference.
 
IN WITNESS WHEREOF, the undersigned being the president and secretary of Rolling Hills Estates Improvement Association, attest that the foregoing changes and amendments have been approved by a majority of the owners of lots at a 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 on June 28, 1999 and by the signatures of a majority of the then owners of the lots attached hereto.
Rolling Hills Estates Improvement Association by Josephine Pelusi, President and Steven Amon, Secretary. 
​The foregoing instrument was subscribed, sworn to and acknowledged before me this 30th day of June 1999 by Josephine Pelusi, President, and Steven Amon, Secretary, of Rolling Hills Estates Improvement Association, whose identities are personally known to me or were proven by satisfactory evidence, and who voluntarily signed the document in my presence for its stated purpose.
Seal

BY LAWS OF ROLLING HILLS ESTATES IMPROVEMENT ASSOCIATION
(a non-profit Arizona Corporation)

As amended 1/31/00.
Table of Contents
​

ARTICLE I - PURPOSE

1.1 Purpose
The purposes of this Corporation are to accomplish and effectuate the purposes set forth in the Articles of Incorporation, and such other activities as the membership shall determine necessary to carry out such purposes.
​
The term Rolling Hills Estates hereinafter shall be construed to embrace a Subdivision situated in the vicinity of Sedona, Coconino County, Arizona, as the same is constituted by plat or record 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. Such recordation of any additional plat or plats may only be done if previously authorized by a majority vote of the Board of Directors of the Association and by a majority vote of the Members of the Association.

​ARTICLE II - OFFICERS

​2. Section 1. Executive Officers:
The Executive Officers of the Corporation shall be a president, one or more Vice Presidents, and a Secretary and a Treasurer. The Officers shall be elected annually by and from the Board of Directors. They shall office immediately after election. The Officers shall reside within the aforesaid Subdivision.
​2. Section 2. President: Subject to the direction of the Board of Directors, the President shall be Chief Executive Officer of the Corporation, and shall perform such other duties as from time to time may be assigned to him by the Board of Directors. The President shall be ex-officio a member of all committees.
2. Section 3. The Vice President(s): The Vice President(s) shall have such power and perform such duties as may be assigned to them by the Board of Directors or the President. In case of the absence or disability of the President, the duties of that officer shall be performed by such Vice President as may be delegated the said duties by the Board of Directors.
2. Section 4. The Secretary: In books provided for that purpose, the Secretary is responsible for keeping the minute of all proceedings of the Board of Directors and of all committees, and the minutes of the members’ meetings and shall publish a newsletter and mail it to all Association members; he shall have custody of the corporate seal and such books and papers as the Board of director may direct. He shall in general perform all the duties incident to the Office of Secretary, but may acquire paid or unpaid services to assist in the duties subject to the control of the Board of Directors or the President. He shall also perform such other duties as may be assigned to him by the President or the Board of Directors.
2. Section 5. The Treasurer: The Treasurer shall have custody of all the receipts, disbursements, funds and securities of the Corporation, and shall perform all duties incident to the office of Treasurer, subject to the control of the Board of Directors or the president. The Treasurer may hire the services of an accountant to perform some of the duties, but is still responsible for the conduct of the office. He shall perform such other duties as may from time to time be assigned to him by the Board of directors or the President. If required by the Board of Directors, he shall give bond for the faithful discharge of his duties, in such as the Board of Directors may require.

ARTICLE III - BOARD OF DIRECTORS

3. Section 1. Number of Members: The business and affairs of this Corporation shall be managed by the Board of Directors, which shall consist of nine (9) members. All of the members of the Board of Directors shall consist of members of the Corporation, and shall be residents of the subdivision aforesaid.​
3. Section 2. Executive Committee: The Board of Directors may elect from their number an Executive Committee consisting of not less than three (3) members of the Board of Directors, which committee shall have all the powers of the Board of Directors between meetings, regular or special. The President of the Corporation shall be a member of, and shall be chairman of the Executive Committee.
​3. Section 3. Regular Meetings: The Board of Directors shall meet for the transaction of business at such place as may be designated from time to time. All meetings of the Board of Directors are open to all members of the Association and all members so desiring shall be permitted to attend and listen to the deliberation and proceedings. Notice of the meeting will be posted in the guardhouse window approximately 5 days prior to the meeting. However, Association members who are not Board members may not participate in any deliberation or expression unless expressly so authorized by a vote of the majority of a quorum of the Board. Any portion of a meeting may be closed to members of the Association if the closed portion of the meeting is limited to consideration of employment of personal matters for employees of the board; or contemplated matters relating to the Association's documents or rules.
3. Section 4. Special Meetings: Special Meeting of the Board of Directors may be called by the President, or by three (3) members of the Board of Directors, for any time and place, but within forty (40) miles of Sedona, provided reasonable notice of such meetings shall be given to each member of the Board of Directors before the time appointed for such meeting. Notice of the meeting will be posted in the guardhouse window, not less than 24 hours prior to the meeting.
​3. Section 5. Quorum: The Board of Directors shall act only as a Board, and the individual Directors shall have no power as such. A majority of the Directors for the time being in office shall constitute a quorum for the transaction of business, but a majority of those present at the time and place of any regular or special meeting, although less than a quorum, may adjourn the same from time to time, without notice, until a quorum be at hand. The act of a majority of Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise provided by law.
3. Section 6. Order of Business: The Board of Directors may from time to time determine the order of business at its meetings.
3. Section 7. Chairman: At all meetings of the Board of Directors, the President, or in his absence, a Vice President chosen by the Board of Directors present, shall preside.
​3. Section 8. Terms of Members of the Board of Directors: Members of the Board of Directors shall be elected by the members of Corporation. The members of the Board shall elect for a term of 1 to 3 years as needed to maintain a one third turn-over in board position per year.
​3. Section 9. Annual Report: The Board of Directors, after the close of the fiscal year, shall submit to the members of the Corporation a report as to the condition of the Corporation and its property, and shall submit also an account of the past year. In addition, they shall also submit to the members of the Corporation a preliminary of estimate of the revenues and the expenses for the year ahead.
​3. Section 10. Financial and Other: All financial and other records (including minutes of the Board meetings) shall be made reasonably available for examination by any lot owner and their authorized agents. These books and records kept by or on behalf of the Association and the Board may be withheld from disclosure to the extent that they relate to personnel matters, communication between the board and an attorney for the association, pending or contemplated litigation, matters relating to enforcement of the Association’s documents or rules, meeting minute or other records of a session of a Board meeting or Association meeting that is not required to be open to all members as described in Section 3 of this Article.
​3. Section 11. Vacancies in the Board of Directors: Whenever a vacancy in the membership of the Board of Directors shall occur, the remaining members of the Board of directors shall have the power, by a majority vote, to select a member of the Corporation who resides in the Subdivision aforesaid to serve until the next annual election by members of the Corporation.
3. Section 12, Board Members Absence: Whenever a Board member is not present for three consecutive meetings or misses three meetings in a continuous six months, the Board has the right to deem the position vacant, and the remaining members of the Board of Directors shall have the power, by a majority vote, to select a member of the Corporation who resides in the Subdivision aforesaid to serve until the next Annual Election by members of the Corporation. 

ARTICLE IV - MEETING OF MEMBERS

​4. Section 1. Annual Meeting: There shall be annual meeting of the members of the Corporation at such place as may be designated, provided, however, an annual meeting may not be announced for a location exceeding forty (40) miles from Rolling Hills Estates, to be held on the second or third Saturday in March of each year for the transaction of such business as may come before the meeting.  Notice of the annual meeting shall be sent to all members between 30 and 50 days prior to the meeting. Thirty (30) days notice is the preferred policy.
​4. Section 2. Special Meetings:  Special meetings of the members of the Corporation shall be held whenever called by the Board of Directors of the holders of at least ten (10) memberships. Notice of each special meeting, stating the time, place and in general terms, the purpose or purposes thereof shall be sent by certified mail to the last known address of all members of the Corporation at least ten (10) days prior to the meeting.
4. Section 3. Proxy: Every member may cast one (1) vote, either in person or by proxy for each lot owned in fee simple by that particular member, solely or jointly, or by the Corporation owning the lot or lots, of which he is a stockholder and the member thereof.
4. Section 4. Quorum: At any meeting of the member, a quorum shall consist of members owning, jointly or solely, in fee simple, or members representing the Corporation owning in fee simple a majority of the lots in Rolling Hill Estates present, either in person or by proxy, and a majority in amount of such quorum shall decide any question that may come before the meeting.

ARTICLE V - MEMBERSHIPS

​5. Section 1. Qualifications: Only persons owning a lot or lots in Rolling Hills Estate, or owning stock in a Corporation owning a lot or lots therein shall be eligible to become a member.
When two or more members are the joint owners of a lot or lots in Rolling Hills Estates, one, and only one, shall become a member. When two or more persons are stockholders in a Corporation owning real property in Rolling Hills Estate, one and only one, shall become a member.
However, any joint owner may serve on any committee formed by the Board of Directors regardless of official membership and shall serve at the pleasure of Board of Directors.
Only members shall be entitled to vote, and each membership shall be entitled to cast one vote for each and every lot, as designated on the plat or plats from time to time of record in Rolling Hills Estates, owned by such membership.
Whenever a member shall cease to own any in Rolling Hills Estates, or shall cease to own stock in a corporation that owns a lot or lots therein, such membership shall automatically be dropped from the membership roll of the Corporation.
5. Section 2. Members:  A member shall have no vested right, interest or privilege of; in or to, the assets, functions, affair or franchises of the Corporation, or any right, interest or privilege, which may be transferable or inheritable, or which shall continue after the membership ceases.
5. Section 3. Manner of Admission: Anyone purchasing property in Rolling Hills Estates automatically becomes a member of the Rolling Hills Estates Improvement Association, but should submit a written application to the Secretary giving complete information, previous residence, mailing address, telephone number, etc. … and any other necessary information as the Board of Directors may from time to time deem necessary.
5. Section 4. Annual Dues: Every member shall be required to pay annual dues, the amount which shall be determine by the Board of Directors, and may be changed from year to year by the Board of Directors, or by a majority vote of the members. The Board of Directors shall establish a Dues Collection Policy that will specify the collection date for dues. It will also specify the late fee, interest charged, and recording of liens to be implemented by the Board of Directors when dues are not paid on time.
5. Section 5. Membership: There shall be two (2) classes of membership, namely;
  • Active
  • Inactive
 Only active members may participate in conducting business of Rolling Hills Estates Improvement Association, including voting privileges.
Active members shall be those members who;
  • Have paid and kept current annual dues and/or assessments in accordance with the terms and provision of these By-Laws.
  • Are not in breach or violation of the covenants, stipulations and restrictions contained in the Declaration of restrictions pertaining to Rolling Hills Estates and of record of the County Reorder of Coconino County, Arizona, or as the same may from time to time be amended
  • Are not in breach or violation of the rules and regulations promulgated by the Board of Directors.
All other members shall be deemed inactive members, and inactive member shall have no voting rights during the period that he holds the status of an inactive member. Active members shall be subject to being reduced to the status of inactive members when so determined by the Board of Directors, after finding a breach, violation or default in accordance with any one or more of subparagraphs (a), (b) and (c) of section 5.
An active member may not be reduced to the status of an inactive member until and unless such active member shall have first been served with written notice of the accusations against such member, and shall have been an opportunity by Board of Directors to produce witnesses, if any, and to be heard.
Notwithstanding anything herein contained to be contrary, the reduction of an active member to the status of an inactive member who continues to own a lot or lots, or interest therein, in Rolling Hills Estates, shall not affect the validity of any special assessment then existing, or thereafter levied, against such lot or lots by the Board of Directors, together with the lien rights vested in the Corporation, arising from a delinquency thereof.

An inactive member shall become an active member upon accomplishment of the following:
  1. Payment to the Corporation of delinquent dues, if any.
  2. Payment to the Corporation of all delinquent special assessment, if any.
  3. Compliance with the covenants, stipulations and restrictions in contained in the Declaration of Restriction aforesaid, if there be a breach or violation thereof.
  4. Compliance with the rules and regulations promulgated by the Board of Directors, if there be a violation thereof.
  5. Payment to the Corporation of the sum of Twenty-Five ($25.00) Dollars.
(f)  Application and determination by the Board of Directors to the effect that the applying inactive member is presently in good standing and entitled to regain the status of an active member.
5. Section 6. Expulsion of a Member: Members of the Corporation shall be subject to expulsion by the Board of Directors upon the occurrence of any one or more of the following events:
  1. Entry of a judgment for foreclosure of a lien against a lot or lots represented by such member
  2. Breach or violation of the covenants, stipulations and restrictions contained in the Declaration pertaining to Rolling Hills Estates and of record in the office of County Recorder of Coconino County, Arizona, or as the same may from time to time amended.
  3. Breach or violation of the rules and regulation promulgated by the Board of Directors.
Notwithstanding anything herein contained to the contrary, the expulsion of a member who continued to own a lot or lots, or an interest therein, in Rolling Hills Estates, shall not affect the validity of any special assessment, then existing or thereafter levied against such lot or lots by the Board of Directors, together with the liens rights vested in the Corporation arising from a delinquency thereof.
A member may not be expelled and removed from membership until and unless such member shall have first been served with written notice of the accusation against such member, and shall have been given an opportunity by the Board of Directors to produce witnesses, if any, and to be heard.

ARTICLE VI - LOSS OF PROPERTY

6. Section 1. Non-Liability: The Board of Directors shall not be liable or responsible for the destruction, or the loss of, or damage to, the property of any member, or the guest of any member, or visitor, or other person.

​ARTICLE VII - LEVY OF ASSESSMENTS

7. Section l. Levy of Assessments: For the purpose of providing necessary funds to carry out the purposes and objects of the Corporation and necessary operating expenses of the Corporation, there shall be levied annually an assessment against each lot in Rolling Hills Estates as the same may from time to time be constituted, the amount of which shall be determined by at least a two-thirds (2/3rds) majority of the Board of Directors. Upon the levying of such assessment the Secretary shall give immediate notice in writing, by mail, to the last known address of the owner or owners of each lot giving notice of the levying of such assessment and the amount thereof and requiring payment to be made within thirty (30) days of the date of the mailing of such notice. Said notice shall contain the provisions of these By-Laws and of the Declaration of Restrictions respecting the penalty attendant on to pay such assessment promptly when due. In the event of failure to pay the same when due, such assessment shall go upon a delinquency list to be maintained by the Secretary and in the event of failure to pay the same within ninety (90) days from the date of delinquency, then and in such event the officers of the Corporation shall cause to be recorded in the Office of the County Recorder, a proper notice with respect to each delinquency, the amount of money and the number of the lot and the name or names of the owner(s) thereof; all in accordance with the requirements of these By-Laws and of the Declaration of Restrictions against the lots within said Subdivision.
7. Section 2. Lien: In the event of failure of a lot owner to pay such assessment or dues promptly when due, the amount of the assessment or dues shall constitute a lien upon the lot against which such assessment is levied. The Board of Directors is authorized to direct the Secretary of the Corporation to compile a list of all such lots and the amount of the unpaid assessment or dues levied against each such lot and to direct the President and Secretary of the Corporation to certify such unpaid assessments to the County Recorder of Coconino County, Arizona, and to cause the same to be entered as a lien upon the lot against which the assessment was made and unpaid when due, subject to state and county taxes and mortgages of record. The Board of Directors may authorize the President and Secretary of the Corporation to enforce a lien in equity by foreclosure thereof as a real estate mortgage. The foreclosure judgment shall award to the Corporation reasonable attorney's fees and taxable court costs incurred in connection with the foreclosure. The President and Secretary shall release any such lien upon payment of the delinquent assessment or dues by or on behalf of the owner of the lot or lots against which such assessment was made.
​7. Section 3. Certificate of Charges: Upon demand, the-President and the Secretary shall furnish to any owner or mortgagee, or person interested, a certificate showing the unpaid assessment charges against any lot or lots.
7. Section 4. Subordination: The Board of Directors may, at their discretion, subordinate in writing, the liens of the Corporation against any lot or lots for the benefit, or better security, of a mortgage to become effective subsequent to the effective date of the lien or liens possessed by the Corporation.

ARTICLE VIII - NOTICE

8. Section 1. Notice: Whenever, according to these By-Laws, a notice shall be required to be given to any member or director, it shall not be construed to mean personal notice, but such notice may be given in writing, by depositing the same in the post office in Sedona, Arizona. in a postpaid, sealed wrapper, addressed to such member or director at his address as the same appears on the books of said Corporation, and the date of such mailing shall be deemed the time of giving of such notice.
8. Section 2. Waiver of Notice Any notice required to be given by these By-Laws may be waived by the person entitled thereto.

ARTICLE IX - COMPENSATION

9. Section 1. Compensation: The Board of Directors shall have power to authorize and pay such compensation to employees of the Corporation as the Board of Directors may deem to be in the best interests of the Corporation, provided, however, that no member of the Board of Directors or officer of this Corporation shall receive any compensation either for services performed as an officer or as a member of this Board of Directors.

ARTICLE X - EXPENDITURES

10. Section 1. Expenditures: No officer shall be authorized to incur any expense, liability or indebtedness on behalf of the Corporation in excess of Two Hundred ($200.00) Dollars, except upon the prior approval of the majority of the Board of Directors.

​ARTICLE XI - ARCHITECTURAL CONTROL COMMITTEE

11. Section 1. Architectural Control Committee: There shall be one standing Committee, to be known as the Architectural Control Committee. This Committee shall be constituted in accordance with, and shall perform the function and duties set forth in, Declarations of Restrictions pertaining to Rolling Hills Estates and of record in the office of the County Recorder of Coconino County, Arizona or as the same may from to time be amended. The committee shall have the authority to use the services of a qualified consultant, and to charge a sum not exceeding Five Hundred Dollars ($500) for each set of plans and specifications submitted to it for approval to defray of plan checking. In addition, the Architectural Control committee shall have the authority to use the services of a qualified consultant to inspect the premises during the construction process as may be provided by for by the then most current Architectural Control Committee Guideline. The committee may charge prospective builders $500 for plan and specification review, and may require a security deposit in advance to cover the cost of inspection review, road and site repair, cleanup, etc. as provided in the New Home Construction Fee Schedule.

ARTICLE XII - AMENDMENTS

12. Section 1. Amendments: The By-laws of this Corporation may be amended, altered or repealed by the affirmative vote of the majority of the Board of Directors at any regular meeting, subject only to a repeal of the change by action of the members at any succeeding annual meeting.

ARTICLE XIII - CORPORATE SEAL

13. Section 1. Corporate Seal: The corporate seal of the Corporation be in the form of two (2) concentric circles, between their circumference appearing the name of the Corporation, ROLLING HILLS ESTATES IMPROVEMENT ASSOCIATION, and within their inner circle appearing the words, Corporate seal — 1969-Arizona. The corporate seal shall remain in the custody of the Secretary, and shall be affixed by him to all certificates of membership of the Corporation, and to all instruments in writing requiring the corporate seal for complete execution. An impression thereof is directed to be affixed to these By-laws below this section.

​ARTICLE XIV - FISCAL YEAR

14. Section 1. Fiscal Year: The Fiscal year of the Corporation shall begin on the 1st day of January, and terminate on the 31st day of December each calendar year.

​ARTICLE XV - FINES

15. Section 1. Schedule of Fines: The Board of the Directors of the Corporation (hereinafter called the "Board"), by majority vote or written consent shall adopt a schedule specifying the recommended fines (or range of fines) for particular violations (or categories of violations) of the Second & Third Amended Declaration of Covenants, Conditions and Restrictions (CC&R's), as the same may be amended from time to time or of the Architectural Control Committee Review Guidelines provided, however, that no fine shall exceed the maximum sum authorized by the Board by a majority vote. The Board is authorized to enforce property restriction in the CC&R's and the Architectural Control Committee Review Guidelines (collectively the "Restrictions") by levying fines pursuant to the Schedule of Fines authorized herein. The Board’s authority to levy fines shall not preclude an action by the Association for injunctive relief, as provided in the Restrictions. In any particular case, the Association may levy a fine, seek injunctive relief, or pursue both remedies.
The Association's authority to enforce the Restrictions shall not preclude enforcement by other persons, as provided in the CC&R's as amended. It is expressly recognized that it would be impractical or extremely difficult to fix actual damages in the case of breach of the Restrictions. The schedule of fines and any actual fines imposed shall be deemed a reasonable estimate of the damages of the Association and its members in case of breach of the Restrictions. The fines, therefore, shall be in the nature of liquidated damages.
15. Section 2. Notice of Violation: No action shall be taken with respect to any reported violation of the Restrictions until at least one Architectural Control Committee member has observed the lot to determine that the violation exists. If the Architectural Control Committee member is denied access to the lot by the Owner, the violation shall be deemed to exist. The Architectural Control Committee shall issue written notice of each violation to the Owner of the lot on which the violation exists, as determined, with reference to the Association Membership Book. The notice shall specify,
  1. The nature of the violation, including the particular Restriction (s) being violated;
  2. The steps required to comply with the Restriction(s);
  3. The time period allowed for compliance; and
  4. The consequence of non-compliance, including the potential fine.
The notice may be issued by the Architectural Control Committee and shall be mailed or delivered to the Owner.
15. Section 3. Report of Non-Compliance/Notice of Fine: As soon as practicable after the compliance deadline stated in the notice of violation, an Architectural Control Committee member shall inspect the lot to determine whether the violation has been cured. If the Architectural Control Committee member is denied access to the lot by the Owner, the violation shall be deemed to be continuing.
The committee member who inspects the lot shall prepare a brief report of compliance or noncompliance. If the violation has not been cured, the report shall recommend an appropriate fine pursuant to the schedule of fines. The Architectural Control Committee shall review the report and, pursuant to the vote or written consent of a majority of the Architectural Control Committee, shall accept, reject, or modify the recommended fine. Written notice of the recommended fine (or other action of the Architectural Control Committee) and the date, time and place that the Board shall consider whether or not to impose the fine shall be issued to the Owner as soon as practicable and at least three days prior to the meeting of the Board.
If at the meeting of the Board, the Board actually imposes a fine, the Board shall promptly give notice of the assessment of the fine as set forth in Section 4. ​
15. Section 4. Assessment of Fine: The notice of the fine shall specify:
  1. The amount of the fine. Any fine computed on a daily basis shall be retroactive to the deadline for compliance specified in the original notice of violation.
  2. Deadline for payment.
  3. Method of Payment
  4. Procedure for requesting a hearing
  5. Consequence of non-payment.
15. Section 5. Right of Hearing: If the Owner wishes to dispute the fine, a written request for hearing shall be provided to the Board within ten (10) days after the Owner receives the notice of fine. The request for hearing shall be mailed or delivered to the Board at the Association’s principal office. 
As soon as practicable after receiving the request for hearing, the Board shall fix a date, time, and place for the hearing and shall notify the Owner in writing at last ten (10) days before the hearing date. The hearing be no later thirty (30) days after the Board receives the request for hearing.
The chairperson of the Board shall preside at the hearing, which shall be an informal proceeding. A written record, which need not be a verbatim transcript, shall be kept unless the parties agree to having the hearing recorded on tape. The Owner, may be represented by an attorney or other qualified person, provided that written notice is given to the Board at least (3) days before the hearing. The Owner shall be solely responsible for any fees or other of expenses such attorney or representative.
Within ten (10) days after the hearing, the Board shall inform the owner of it’s decision in writing. The Board may take any action, which seems reasonable under the circumstances including, without limitation, reducing or vacating the fine or extending the time for compliance. The action shall be approved by the vote or written consent of a majority of the Board.
​15. Section 6. Fines have same effect as Assessment: The effect of a fine, as well as the respective rights and obligation of the Association and the Owner with respect to a fine, shall be the same as for assessments under Article 17 of the CC&R's.

ARTICLE XVI - PARLIAMENTARY ORDER

16. Section 1. Parliamentary Order: The rules contained in the latest edition of Robert's Rules of Order shall guide the Association in all cases in which they are applicable and in which they are not inconsistent with Arizona law, Articles of Incorporation, these By-Laws and any special rules the Association may adopt.

Schedule of Fines

The following shows the maximum amount of fines which will be levied for violations of the Rolling Hills Estates Second Amended Declaration of Covenants, Conditions & Restrictions. Any request for an exemption to these rules must be submitted in writing and have specific Board approval.
Article 1
RESIDENTIAL USE
Fines: $500 per day.
​
Article 2
RESIDENCE LEASES
Fines:  $500 per day.
Article 3
DIVISION OF LOTS
Fines: $1000 after notice and $1000 month until compliance.​
Article 4
APPROVAL OF PLANS
Fine: $10,000 first month after notice and $2000 each subsequent month until compliance.
Article 6
PETS
Fines: $200 first month after notice and $100 each subsequent week until controlled.​
Article 7
COMPLETION OF CONSTRUCTION
Fines: $1000 twelve months after start date and $1000 each subsequent month until completed.
​
Article 8
SIGNS
Fines: $300 first month after notice and $100 each subsequent week until removed.​
Article 9
NUISANCES
Fines: $200 after notice, $200 each subsequent week until corrected.​
Articles 10, 11, 12 & 13
INCINERATORS, ANTENNAS, TANKS, CLOTHESLINES & OTHER STRUCTURES
Fines: $200 after notice and $100 per week until corrected.​
Article 14
PARKING OF VEHICLES
Fines: $200 after notice and $100 per day until violation corrected.​
Article 15
NATIVE GROWTH AND TERRAIN
Fines: $400 per violation​
Article 16
SIZE OF DWELLING
Fines: $10,000 after notice.​
Article 17
LEASING VIOLATIONS - PROCEDURES
The Owner will be notified of the Board’s intent to levy a daily fines pursuant to the schedule set forth above based on the unauthorized rental of a lot. The Board shall be authorized to set the fine at an amount that is greater or lesser than the fines set forth above, based on the circumstances, in its sole discretion. The fine shall be levied during the time the violation starts until it clearly ends as determined by the Board of Directors, which shall be imposed only after notice and an opportunity to be heard has been afforded to the Owner. Owners shall have the right to request a hearing within ten (10) days of the violation notice.
If the Owner requests a hearing within ten (10) days from the date of the violation notice, a hearing will be scheduled with the Board of Directors. After the hearing, the Board’s decision shall be communicated to the Owner and, in the event that Board determines the existence of a violation, the fines set forth herein shall be immediately imposed.
Evidence of rentals/leases in violation of the Declaration will be determined by any and all avenues available, including the review of pertinent vacation rental and similar websites.  Violations of the rental/leasing restrictions may be based on posted available and non-available dates. Dates that are either available and/or unavailable for less than a minimum term of thirty (30) days are considered a violation and subject to penalties set forth by the Board of Directors and further enforcement.
An additional $500 a day fine may be applied for new and subsequent violations of Articles 1 & and 2 committed after notice of previous violations of those articles has been received by an owner.
See Part 3 — Second Amended Declaration of Covenants, Conditions & Restrictions, Pages 2 thru 5, to explain violations.                                                                                                                                                                   January 1998

Exhibits

Table of contents: 
Exhibit A
Exhibit B
Satellite Antenna Policy:
​There shall be no exterior television, radio or other electronic antenna, mast or tower on the Property without prior written approval of the Committee. At that time it will be discussed how best to conceal it without interfering with the signal.
Exhibit C
Download the A.C.C. "New Project Neighbor Review" Form here
​

Code of Conduct for Board Members

WHEREAS, the Board of Directors (“Board“) of the Rolling Hills Estates Improvement Association (“Association“) has the authority and responsibility to make decisions for the benefit of the entire community; and WHEREAS, the Board wishes to ensure that it and its members (“Board Member“) maintain a high standard of ethical conduct in the performance of the Association’s business and to ensure that the Association’s members maintain confidence in and respect for the entire Board, NOW, THEREFORE, BE IT RESOLVED THAT the Board of the Association hereby adopts the following rules of conduct, standards and behavior, ethical rules, and enforcement procedures that are applicable to all members of the Board:

  • Board Members shall act in the best interests of the Association as a whole. Board Members serve for the benefit of the entire community, and shall, at all times, strive to do what is best for the Association as a whole. Board Members shall not use their positions as such for private gain, for example:
  1.  No Board Member shall solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value from a person who is seeking a contractual or other business or financial relationship with the Association.
  2. No Board Member shall seek preferential treatment by the Board, any of its committees, or any contracors or suppliers.
  3. No Board Member shall accept a gift or favor made with the intent of influencing a decision or action on any official matter.
  4. No Board Member shall receive any compensation from the Association for serving on the Board.
  5.  No Board Member shall willingly misrepresent facts to advance a personal cause or influence the community to advance a personal cause.
  6.  No Board Member shall enrich his/her financial status through the use of certain contractors or suppliers. 
  • Board Members shall comply with governing documents and relevant law. Board Members shall use their best efforts at all times to make reasonable decisions that are consistent with the Declaration, Bylaws, and other governing documents of the Association, and to be familiar with all such documents. Board Members shall likewise comply with and make decisions that are consistent with all applicable laws, including, but not limited to, refraining from discriminating against any person on the basis of race, color, religion, national origin, gender, family status, or mental or physical disability.
  • Board Members shall set high standards for themselves as Association members.  Board Members shall hold themselves to the highest standards as members of the Association, and shall in all ways comply with the provisions of the Association’s governing documents.\
  •  Board Members shall work within the Association’s framework and refrain from unilateral action.  Board members shall at all times work within the Association’s framework and abide by the system of management established by the Association’s governing documents and the Board. The Board shall conduct business in accordance with state law and the Association’s governing documents, and shall act upon decisions duly made. No Board Member shall act unilateraly or contrary to such decision. Toward that end, no Board member shall seek to have a contract implemented that has not been duly approved by the Board, nor promise anything not approved by the Board to a contractor, supplier or to any other entity.
  • Board Members shall behave professionally at meetings. Board Members shall conduct themselves at all meetings, including Board meetings, annual meetings of the members, and committee meetings, in a professional and businesslike manner. Personal attacks against other Board Members, Association members, residents, officers, management, or guests are not consistent with the best interests of the community and will not be tolerated. Language at meetings shall be kept professional. Though differences of opinion are inevitable, they must be expressed in a professional and businesslike manner.
  • Board Members shall maintain confidentiality when appropriate. When appropriate, Board Members shall maintain the confidentiality of all legal, contractual, personnel, and management matters involving the Association. Board Members shall also maintain the confidentiality of the personal lives of other Board Members, Association members, residents and management staff.
  • Board Members shall disclose conflicts of interest. Board Members shall immediately disclose to the Board any actual or potential conflict of interest regarding any aspect of the business operations of the Association.
  • Board Members shall refrain from defaming anyone in the community. Board Members shall not engage in defamation, by any means, of any other Board Member, Association member, resident, or management staff member. The Association shall deem any Board Member, who engages in defamation, to be acting outside the scope of his authority as a Board Member.
  • Board Members shall refrain from harassing Association members or residents. Board Members shall not in any way harass, threaten, or otherwise attempt to intimidate any other Board Member, Association member or resident.The Association shall deem any Board Member who harasses, threatens or otherwise attempts to intimidate other Association members or residents, to be acting outside the scope of his authority as a Board Member.
  • Board Members shall refrain from interfering with Management staff and contractors. No Board Member shall interfere with the duties of management staff or any contractor executing a contract in process. All communincations with contractors must go through the President of the Board or management, or must otherwise be in accordance with Board policy.

Code of Conduct for Association Members 

At Board meetings, the Board of Directors welcomes the presence of Association members. However, it is essential for the efficient and effective transaction of Association business at these meetings that all members of the Association conduct themselves in a businesslike, ethical and appropriate manner that serves the best interests of the Association as a whole. To that end, all members are expected to adhere to the following Code of Conduct at all such meetings. The Association shall have the authority to enforce this Code of Conduct using any means available under the governing documents or state law.
  • Members must maintain decorum, sit quietly and refrain from speaking until recognized by the meeting chair. During officer reports Members should hold all questions until the reports are finished, then raise their hands and wait to be recognized.
  • Members must not interrupt anyone who validly has the floor, or otherwise disrupt the meeting.
  • When speaking, Members must abide by time limits set by the meeting chair for comment.
  • Members must refrain from engaging in personal oral attacks on either Board Members or fellow Association Members.
  • Members must refrain from using other Members‘ names when speaking and must address all rmarks to the meeting chair.
  • Members must confine their comments to things germane to the agenda item being discussed.
  • Members may not speak for a second time until everyone who wants to speak has been given a chance to speak once.
  • Members may not talk more than twice on any one issue, subject to the discretion of the meeting chair.
  • Members must obey all orders made by the meeting chair, including an order to step down.
  • Members must at all time behave with common courtesy and civility, and refrain from the use of abusive, rude, threatening, or crude language, or use an excessively loud voice.
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