Casitas in High Country Pines II

At the recent HOA annual meeting and picnic, the question was raised as to whether Casitas/Guest houses were allowed in our development. And if they were, what kind of restrictions would the HOA membership like to be placed on such Accessory Dwelling Units (ADUs).

The opinions ranged from restricting the HOA from having any ADUs to allowing ADUs with restrictions on size and use.

The board and architectural review committee took the action to review the CCRs and Guidelines to see what our governing documents say about ADUs. The legal review of our CCRs and new Navajo Country rules and regulations on ADUs, has resulted in a proposed addition to the ARC Guidelines to clarify what our CCRs say about ADUs.

The new section below is being considered by the Board at our upcoming Zoom meeting on November 11th, at 3pm.

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5.0      Accessory Dwelling Units (ADUs) / Casitas

The purpose of this section is to clarify the intent and interpretation of the Covenants, Conditions, and Restrictions (CCRs) regarding the construction and use of Accessory Dwelling Units (ADUs), commonly known as casitas or guest houses. This guidance is provided in accordance with Article 2.1 A. of the CCRs, which states that property use shall not be contrary to the zoning laws and regulations of Navajo County, Arizona.  In addition, the restriction in Article 2.4 A. regarding one dwelling unit, is superseded by Navajo County now allowing ADUs on any lot.

5.1  General Provision

In recognition of Navajo County's Zoning Ordinance section 1917, which in compliance with A.R.S 11-810.01 now permits Accessory Dwelling Units on lots zoned for single-family residences, the Board has determined that the construction of an ADU is allowed on the property, provided all the conditions herein are met.

5.2  Use and Occupancy

·        The primary residence and the ADU on a single lot shall be used for one family. The intent is to maintain the single-family character of the community. For the purposes of this section, "one family" is defined as any number of people related by blood, marriage, or legal adoption, or a group of not more than three people not so related. The use of a property for a multi-family residence is strictly prohibited.

·        An ADU may not be rented or leased separately from the primary single-family residence. The primary residence and the ADU must be included under a single lease or rental agreement.

5.3  Rental of the Whole Residence

The entire property, including both the primary residence and the ADU, may be rented or leased to a single family in a single transaction, in accordance with the community's rental policies and any other applicable provisions in the CCRs.

5.4  Size and Proportion

To maintain the single-family residential character of the community and to ensure compliance with the spirit of the CCRs, the maximum livable area of an Accessory Dwelling Unit shall be limited to one thousand (1,000) livable square feet.

5.5  Design and Construction

All proposed ADUs must be reviewed and approved by the Architectural Committee. The ADU must be designed to be architecturally consistent with the primary residence in terms of exterior finishes, roof materials, colors, and overall style. The ADU must be clearly subordinate to the main dwelling in both size and function.

5.6  Compliance with County Code

All ADUs must comply with all current requirements of the Navajo County Zoning Ordinance 1917, including but not limited to setbacks, height restrictions, lot coverage, and maximum square footage. The property owner is responsible for securing all necessary permits and approvals from Navajo County prior to beginning any construction.

Taking Care of Business

Not everyone knows that our homeowner association here in High Country Pines II (aka Pine Country HOA), operates their own Waste Water Treatment Plant (WWTP). Most homes in the Heber/Overgaard area are on their own expensive septic system. Every lot owner in our development has part ownership in the WWTP by virtual of their membership in the Pine Country HOA corporation. The members elect a board to run this corporation.

The Arizona Department of Environmental Quality requires us to meet many requirements in order for the WWTP to "take care of everyone's business" so to speak. The main requirement is that we utilize a state certified operator.

This year, due to the WWTP Operator terminating service in May, the board contracted with a new Operator. The new contract is more expensive because it includes more services needed to meet state requirements and maintain the value of the WWTP.

At our recent HOA Member meeting, it was suggested that it would be good for the board to publish more details on what the new contract provides versus the prior contract. The table below shows a detailed list of the differences.

Activities	New	Prior
Certified Operator review of daily test results and direction to onsite personnel	Daily	​Once per Month
​Weekly Project team meetings regarding plant performance, and necessary process changes	Yes	No
Number of Onsite Evaluations per week	6	1-2
​Remote SCADA Evaluation 2 Days per week	Yes	No
​Backup Operators as necessary	Yes	No
​Alarm On-call Personnel	Yes	No
​Ordering of Chemicals as necessary	Yes	Yes
​Test equipment calibration and testing	Yes	Some
​Provide Equipment and Tools required to perform tasks	Yes	No
Monthly, Quarterly, and Annual testing as required by Permits & Regulatory Agency	Yes	Yes
​Provide Monthly Owner Updates	Yes	No
Provide Record retention (Electronic and paper)	Yes	No
​Supply of treatment plant computer for Monitoring, Reports, and records	Yes	No
Annual Maintenance Activities
​​Change Blower Oil & Air Filters	Yes	No
Repair and/or replace air diffusers in all tanks (bio-reactors, re-areation, FEQ, Sludge tanks)	Yes	No
Pull and inspect FEQ pumps	Yes	No
Pull and inspect Effluent pumps	Yes	No
Lubrication of blower motors and 3-phase converter motor	Yes	Yes
Yard weed control	Yes	Yes
Power wash Manways	Yes	Yes