From HOA President Mike Dugan

At the October meeting there was a question asked as to the different aspects of the CC&R’s and their origins.

Here is an analysis of CC&R’s.

Thank you



Article I Purpose
1.1-1.3 Architectural Concept (Architectural Committee’s Responsibilities) (Cholla Specific)
Article II Definitions
2.1 La Asociación De Regularización De Los Vecinos Las Cholla A.C (Vecinos Legal Name)
2.2 Construction (Same as Penasco’s Construction Code)
2.3 La Cholla Regulated Area (Regulated Area per Boundary Survey) (Cholla Specific)
2.4 La Cholla Impact Area (All Area Adjacent to La Cholla) (Cholla Specific)
2.5 Future Construction (All New Construction – Same as Penasco’s Construction Code)
2.6 Setbacks (See 5.5)
2.7 Single Family Unit (No More Than One Living Unit for Every 5,000 S.F Lot. – Penasco’s Min. Lot Size = 2,584 S.F./ 240 Sq. Meters)
2.8 Site Improvements (Any Construction Activity is a Site Improvement – Same as Penasco’s Construction Code)
2.9 Beach Access (As Stated/ Federal Zone – Same as Penasco’s Construction Code)
Article III Scope
3.1 – 3.3 Application Procedure for Site Improvements (Cholla Specific)
A. Only Members in Good Standings May Propose Construction
B. Approval or Disapproval Must Occur Within 45 Days “IF” There are No Boundary Disputes
C. Approved Plans Must be Taken To Penasco for Their Approval and Then Returned With Penasco’s Approval for the Architectural Committee’s Records
Article IV Requirements for Plan Submission & Approval
4.1 Requirements For Submission (Same as Penasco’s Construction Code)
4.2 Signature of Owner Acknowledgement of Acceptance of Declarations/CC&R’s (Cholla Specific)
Article V Standards
5.1 Construction Compliance Fee (Fees Set by Architectural Committee – Cholla Specific)
5.2 Sand Removal (Must Be Authorized by Penasco – Same as Penasco’s Construction Code)
5.3 Single Family Unit (All Units to be Single Family Units, See Paragraph 2.7 – Cholla Specific)
5.4 Building Height Restrictions (All Heights Were Determined by Penasco)
A. Single Story Lot (Max Height 14’/ 19.5′)
B. Two Story Lot (Max Height 27’/ 33′)
C. Three Story Lots (Not Defined) Height to be determined by Cholla
5.5 Single Story Lots (See Charts for Height Restrictions)
5.6 Setbacks Front: 10′ (Cholla Specific) 8′ (Penasco’s Construction Code)
Side: 5′ (Cholla Specific) 3′ (Penasco’s Construction Code)
Rear: 6.6′ (Cholla Specific) 5′ (Penasco’s Construction Code)
Rear, Beach Front Lot: 11.5′ (Cholla Specific) N/A (Penasco’s Construction Code)
5.7 Perimeter Walls (6-6’/ 3’3″) (Cholla Specific)
5.8 On Street Parking (Not Allowed in Right of Way if Blocks Traffic)
5.9 Signs (Same as Penasco’s Construction Code)
5.10 Lighting (Same as Penasco’s Construction Code)
5.11 Septic Tanks (Same as Penasco’s Construction Code)
5.12 Vehicles (Cholla Specific)
5.13 Water Features (Cholla Specific)
5.14 Residential Use Only (No Commercial Uses Allowed) (Cholla Specific)
5.16 Reflective Surfaces (Cholla Specific)
5.17 Nuisances (Same as Penasco’s Construction Code)
5.18 Recreational Vehicles and ATV’s (Cholla Specific)
5.19 Maintenance (Cholla Specific)
Article VI Architectural Committee
6.1 Scope and Purpose of Plan Review (Cholla Specific)
6.2 Committee (Cholla Specific)
6.3 Disapproval (Cholla Specific)
6.4 Variances (Cholla Specific)
6.5 Enforcement and Compliance (Cholla Specific)
6.6 Notice of Completion/ Compliance (Cholla Specific)
Article VII Construction Regulations
7.1 Debris and Trash Removal (Same as Penasco’s Construction Code)
7.2 Construction Offices and Storage Facilities (Same as Penasco’s Construction Code)
7.3 Sanitary Facilities (Same as Penasco’s Construction Code)
7.4 Restoration of Damaged Property (Same as Penasco’s Construction Code)
7.5 Dust and Noise (Same as Penasco’s Construction Code)
7.6 Beach Access (Same as Penasco’s Construction Code)
7.7 Size (Min. House Size – 1,200 S.F. see exclusions) (Cholla Specific)
7.8 Construction Time (18 Months or Additional Construction Fees Occur) (Cholla Specific)
7.9 Road Obstruction (Same as Penasco’s Construction Code)