Ekmark & Ekmark, L.L.C.
6720 N. Scottsdale Road, Suite 261
Scottsdale, Arizona 85253
SUN LAKES HOMEOWNERS ASSOCIATION NO. 3, INC.
D/B/A IRONOAKS
BOARD RESOLUTION
TEMPORARY PARKING FOR PERMITTED ACTIVITIES
WHEREAS, Sun Lakes Homeowners Association No. 3, Inc. d/b/a IronOaks (the “Association”) is governed by the Declaration of Covenants, Conditions, and Restrictions of Oakwood Country Club, recorded at recording number 93-0174772, official records of Maricopa County, Arizona, and all amendments thereto (the “Declaration”);
WHEREAS, Article V, Section 7 of the Declaration provides, “The Association, acting through the Board, shall be and hereby is empowered to decide all questions regarding the enforcement of this Declaration within Residential Areas”;
WHEREAS, Article XV, Section 8 of the Declaration provides, “Except for judicial construction, the Association, by its Board, shall have the exclusive right to construe and interpret the provisions of this Declaration that are applicable to Residential Areas. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Association's construction or interpretation of the provisions of this Declaration that are applicable to Residential Areas shall be final, conclusive and binding as to all persons and property benefitted or bound by the Covenants”;
WHEREAS, the Association wishes to interpret certain provisions of the Declaration to clarify any ambiguity;
NOW, THEREFORE, the Association, by and through its Board of Directors, interprets the following provisions of the Declaration:
1. Article IV, Section 2(t) Trucks, Trailers, Campers, and Boats. - Definition of “Parked”
Section 2(t) states, “No motor vehicle classed by manufacturer rating as exceeding 3/4 ton, mobile home, motor home, trailer, camper shell , detached camper, boat, boat trailer or other similar equipment or vehicle may be parked or stored on any area in Oakwood Country Club so as to be Visible From Neighboring Property, Common Area or street;”
There is no definition of “parked”; therefore, the Board of Directors adopts the following interpretation of when a vehicle classed by manufacturer rating as exceeding 3/4 ton is considered “parked”:
Interpreting “parked” to include any situation in which a vehicle classed by manufacturer rating as exceeding 3/4 ton is stopped for any length of time would prohibit most moving trucks, delivery trucks, and maintenance vehicles from parking on any Lot or street for the purposes of loading or unloading or providing services to the Lot or its residents. This clearly could not have been the intent of the Declarant, as such events occur within the community on a daily basis. Therefore, the Board of Directors interprets a vehicle classed by manufacturer rating as exceeding 3/4 ton to be “parked” when it is stopped for a period of time that is longer than the time period permitted by the Rules and Regulations adopted by the Board of Directors (based on the type of activity).
2. Article IV, Section 2(v) Parking. - Temporary Parking for Permitted Activities
Section 2(v) States, “The Oakwood Country Club Rules may permit temporary parking on streets or other areas in Oakwood Country Club for public or private social events or other permitted activities.”
A. There is no definition of “temporary parking”; therefore, the Board of Directors adopts the following interpretation of what is considered “temporary parking”:
Temporary parking shall consist of stopping a vehicle for no longer than the time period set forth in the Rules and Regulations adopted by the Board of Directors for the specific activity.
B. There is also no definition of “permitted activities”; therefore, the Board of Directors adopts the following interpretation of what are considered “permitted activities”:
“Permitted activities” are those activities listed as “permitted activities” in the Rules and Regulations of the Association, including, but not limited to, loading and unloading of vehicles, delivery of goods to the Lot, and the provision of services to the Lot or its residents.
The Board of Directors adopted the above resolution on __________________, 2008.
DATED this _______ day of ___________________, 2008.
SUN LAKES HOMEOWNERS ASSOCIATION NO. 3, INC.
By: ________________________________
Its: _______President _____________