Covenants, Conditions & Restrictions (CC&Rs)

Documents listed here are NOT originals. A copy of the original CC&Rs is available from the Navajo County Recorder.

Subdivision: Pinetop Country Club Mobile Homes Unit 1; dated 8 May 1969)

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DECLARATION OF RESTRICTIONS

TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Trustee under Trust Number 10.767 and TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Mortgagee under Trust Number 10768, being the owner and mortgagee, respectively, of the following described real property situated within the County of Navajo, State of Arizona, to-wit:

PINETOP COUNTRY CLUB MOBILE HOMES UNIT ONE, according to the plat of record in the office of the
County Recorder of Navajo County, Arizona, in Plat Book 10 . Page 2,

and desiring to establish the nature of the use and enjoyment thereof, hereby declares that the following express covenants, restrictions, reservations and conditions shall attach to the said real property and every lot or parcel thereof, and shall constitute covenants running with the land.


1. All of said lots in said subdivision are hereby restricted to single-family dwellings for residential use only. No business activities of any kind whatsoever shall be conducted upon any of said lots or improvements located thereon.

2. No building (addition or accessory), mobile home, fence, wall, planting exceeding four feet in height, or other structure or  improvement shall be commenced, created or maintained, nor shall any addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, floor plan, materials, location and approximate cost of such structure or improvement have been submitted to and approved in writing by Pinetop Community Association, as hereinafter provided. Failure to give notice of approval or disapproval of such plans and specifications within thirty days after receipt thereof, shall be deemed to constitute approval thereof.

3. Cabanas and porches may not be built separate from trailer home unless attached to trailer directly or by a breezeway and must be blended in color to the trailer. Fireplaces must have spark arresters installed. Rolled roofing, or tin will not be permitted on any additions. Materials used for the construction of cabanas must be of new material unless approved by Pinetop Community Association.

4. No structure of a temporary character, tent, shack, garage, utility room, barn or other out buildings shall be used on any lot at any time as a residence either temporarily or permanently.

5. No more than one mobile home or trailer shall be maintained, or used upon one lot. A camping trailer or boat trailer or boat can be stored if it is placed in such a manner that it is not considered detrimental to the appearance of the property.

6. Exterior walls or cabanas are to be but not limited to: Masonry construction, peeled logs, either round, sawed or hewed; hand split shakes, or burnt adobe; log siding; edged, peeled slabs; rough lumber or siding; or native stone.

7. All mobile homes and trailers must be placed on lots in such a manner that they are parallel to the side property line.

8. No building, structure, mobile home, addition or accessory shall be located on any lot or parcel of land nearer than: (a) ten feet from the front lot line; (b) six feet from the rear lot line; and (c) five feet from any side lot line.

9. All mobile homes located on said lots must be a minimum of seventeen feet in length as designated on certificate of title. All mobile homes must have complete sanitary facilities, including, among others, a lavatory, wash basin, tub or shower, kitchen sink, and must be connected to sewerage outlets in conformity with State and County health requirements; septic tank and leach lines must be in accordance with State and County health requirements.

10. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded map or plat over the rear and side of each lot and parcel of land. Within these easement areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. The easement areas of each lot and parcel of land and all improvements in it shall be maintained continuously by the owner of said lot and parcel of land.

11. No advertising signs (except one "For Rent" or "For Sale" sign per lot, not to exceed three square feet), billboards, unsightly objects or nuisance shall be erected, placed or permitted to remain on any of said lots, nor shall the premises be used in any way, or have any purpose which may endanger the health or unreasonably disturb the holder of any parcel in the subdivision.

12. No horses, cattle, sheep, goats, pigs or other livestock or poultry may be kept, boarded or maintained on any of said lots or any part thereof; provided, however, this restriction shall not be construed as prohibiting the keeping of ordinary domestic pet fowls, animals or game birds upon such property.

13. All clothes lines, equipment, garbage cans, incinerators, and service yards shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring parcels and streets. All rubbish, trash or garbage shall be removed from the premises and shall not be allowed to accumulate thereon.

14. Any exterior lighting erected on any of the lots in said subdivision shall be shaded so as to not create a nuisance to any other lot or occupier thereof.

15. No lot or lots shall be subdivided except for the purpose of combining the resubdivided portion of one lot with another adjoining lot or lots, provided that no additional or smaller lot is created thereby. Any ownership or single holding by any person comprising parts of two adjoining lots or the whole of one lot and parts of one or more adjoining lots shall, for the purposes of this Declaration of Conditions and Restrictions, be deemed to constitute a single lot.

16. Each property owner agrees that by the acceptance of the contract of purchase or a deed to any lot within said tract that he will become a member of the non-profit association to be known as Pinetop Community Association (herein generally referred to as the Association) to be formed by the purchasers of the lots, their successors in interest, or the declarants, and entitled to one vote for each Iot owned. Said Association shall have the primary purpose of administration of these restrictions and the general maintenance of the property for the benefit of the purchasers. Each property owner shall obey the rules and regulations of the Association, and by the acceptance of contract of purchase or of a deed to any lots, said purchaser does agree to pay any dues imposed by the Association, and the dues proposed by said Association shall apply equally to each lot within the subdivision; provided, however, that any such dues imposed by the Association shall not exceed the sum of $24.00 per year unless said maximum amount is increased by the affirmative vote of 60% of the members of the Association at a special meeting noticed and called for that purpose. The Association shall elect a committee of not less than three persons to act for the Association to take any necessary action required to enforce the provisions herein contained or perform the duties of said association as herein provided. All expenses incurred, among other things in maintaining the subdivision, administrating this Declaration, including any salaries paid to any guard or maintenance men, shall be a proper charge against the Association.

17. The Association, through its duly elected officers, shall have the right at its option, to enter upon all lots or parcels of land to care for, cut grass, remove rubbish and keep all lots, or parcels of land from creating an unsightly appearance and to charge the owner of said lot, block, or parcel of land for the actual cost plus ten percent for service performed in alleviating said unsightly appearance. Any such charge shall constitute a lien against the real property. All garbage and trash shall be sacked or securely wrapped and placed in a sanitary container, which must be kept tightly closed and in good condition at all times, and no trash or garbage shall, at any time, be burned on any of said lots.

18. The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon all persons purchasing or occupying any lot or lots in said subdivision after the date on which this instrument has been recorded. These covenants, restrictions, reservations and conditions may be enforced by the owner of any parcel in said subdivision, Pinetop Community Association, or any one or more of said individuals and corporations; provided, however, that any breach of said covenants, restrictions, reservations and conditions, or any right of re-entry by reason thereof, shall not defeat or affect the lien of any mortgage or deed of trust made in good faith and for value upon said land, but except as hereinafter provided, each and all of said covenants, restrictions, reservations and conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, trustee’s sale or otherwise, and provided also, that the breach of any of said covenants, restrictions, reservations and conditions may be enjoined, abated or remedied by appropriate proceedings, notwithstanding the lien or existence of any such deed of trust or mortgage. All instruments of conveyance of any interest in all or any part of said subdivision shall contain reference to this instrument and shall be subject to the covenants, restrictions, reservations and conditions herein as fully as though the terms and conditions of this instrument were therein set forth in full; provided, however, that the terms and conditions of this instrument shall be binding upon all persons affected by its terms, whether express reference is made to this instrument or not.

19. Wherever the terms "owner" or "owners" are used herein, such terms shall include purchaser or purchasers under an agreement for sale or contract to purchase, and beneficiary or beneficiaries of any trust owning or purchasing to parcel within said subdivision.

20. Invalidation of any one of these covenants, restrictions, reservations or conditions, by judgment or court order shall in no wise affect the validity of any of the other provisions, and the same shall remain in full force and effect.

21. These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten years, unless revoked or amended by an instrument in writing, executed and acknowledged by the owners of not less than three-fourths of the lots in said subdivision, which said instrument shall be recorded in the office of the County Recorder of Navajo County, Arizona, within ninety days prior to the expiration of the initial effective period hereof or any ten-year extension.

DATED this _8th_ day of May, 1969.

Subdivision: Pinetop Country Club Mobile Homes Unit 2 and aka PCA Unit 22 subdivision: Pinetop Lakes Mountain Homes Unit 1, Lot 95-110 inclusive; dated 12 June 1968

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DECLARATION OF RESTRICTIONS

TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Trustee under Trust Number 10.767 and TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Mortgagee under Trust Number 10768, being the owner and mortgagee, respectively, of the following described real property situate within the County of Navajo, State of Arizona, to-wit:

PINETOP COUNTRY CLUB MOBILE HOMES UNIT TWO according to the plat of record in the office of the
County Recorder of Navajo County, Arizona, in Plat Book 10 . Page 17,

and desiring to establish the nature of the use and enjoyment thereof, hereby declares that the following express covenants, restrictions, reservations and conditions shall attach to the said real property and every lot or parcel thereof, and shall constitute covenants running with the land.


1. All of said lots in said subdivision are hereby restricted to single-family dwellings for residential use only. No business activities of any kind whatsoever shall be conducted upon any of said lots or improvements located thereon.

2. No building (addition or accessory), mobile home, fence, wall, planting exceeding four feet in height, or other structure or improvement shall be commenced, created or maintained, nor shall any addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, floor plan, materials, location and approximate cost of such structure or improvement have been submitted to and approved in writing by Pinetop Community Association, as hereinafter provided. Failure to give notice of approval or disapproval of such plans and specifications within thirty days after receipt thereof, shall be deemed to constitute approval thereof.

3. Cabanas and porches may not be built separate from trailer home unless attached to trailer directly or by a breezeway and must be blended in color to the trailer. Fireplaces must have spark arresters installed. Rolled roofing, or tin will not be permitted on any additions. Materials used for the construction of cabanas must be of new material unless approved by Pinetop Community Association.

4. No structure of a temporary character, tent, shack, garage, utility room, barn or other out buildings shall be used on any lot at any time as a residence either temporarily or permanently.

5. No more than one mobile home or trailer shall be maintained, or used upon one lot. A camping trailer or boat trailer or boat can be stored if it is placed in such a manner that it is not considered detrimental to the appearance of the property.

6. Exterior walls or cabanas are to be but not limited to: Masonry construction, peeled logs, either round, sawed or hewed; hand split shakes, or burnt adobe; log siding; edged, peeled slabs; rough lumber or siding; or native stone.

7. All mobile homes and trailers must be placed on lots in such a manner that they are parallel to the side property line.

8. No building, structure, mobile home, addition or accessory shall be located on any lot or parcel of land nearer than: (a) ten feet from the front lot line; (b) six feet from the rear lot line; and (c) five feet from any side lot line.

9. All mobile homes located on said lots must be a minimum of seventeen feet in length as designated on certificate of title and a minimum of ten feet in width. All mobile homes must have complete sanitary facilities, including, among others, a lavatory, wash basin, tub or shower, kitchen sink, and must be connected to sewerage outlets in conformity with State and County health requirements; septic tank and leach lines must be in accordance with State and County health requirements.

10. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the recorded map or plat over the rear and side of each lot and parcel of land. Within these easement areas, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. The easement areas of each lot and parcel of land and all improvements in it shall be maintained continuously by the owner of said lot and parcel of land.

11. No advertising signs (except one "For Rent" or "For Sale" sign per lot, not to exceed three square feet), billboards, unsightly objects or nuisance shall be erected, placed or permitted to remain on any of said lots, nor shall the premises be used in any way, or have any purpose which may endanger the health or unreasonably disturb the holder of any parcel in the subdivision.

12. No horses, cattle, sheep, goats, pigs or other livestock or poultry may be kept, boarded or maintained on any of said lots or any part thereof; provided, however, this restriction shall not be construed as prohibiting the keeping of ordinary domestic pet fowls, animals or game birds upon such property.

13. All clothes lines, equipment, garbage cans, incinerators, and service yards shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring parcels and streets. All rubbish, trash or garbage shall be removed from the premises and shall not be allowed to accumulate thereon.

14. Any exterior lighting erected on any of the lots in said subdivision shall be shaded so as to not create a nuisance to any other lot or occupier thereof.

15. No lot or lots shall be subdivided except for the purpose of combining the resubdivided portion of one lot with another adjoining lot or lots, provided that no additional or smaller lot is created thereby. Any ownership or single holding by any person comprising parts of two adjoining lots or the whole of one lot and parts of one or more adjoining lots shall, for the purposes of this Declaration of Conditions and Restrictions, be deemed to constitute a single lot.

16. Each property owner agrees that by the acceptance of the contract of purchase or a deed to any lot within said tract that he will become a member of the non-profit association to be known as Pinetop Community Association (herein generally referred to as the Association) to be formed by the purchasers of the lots, their successors in interest, or the declarants, and entitled to one vote for each Iot owned. Said Association shall have the primary purpose of administration of these restrictions and the general maintenance of the property for the benefit of the purchasers. Each property owner shall obey the rules and regulations of the Association, and by the acceptance of contract of purchase or of a deed to any lots, said purchaser does agree to pay any dues imposed by the Association, and the dues proposed by said Association shall apply equally to each lot within the subdivision; provided, however, that any such dues imposed by the Association shall not exceed the sum of $24.00 per year unless said maximum amount is increased by the affirmative vote of 60% of the members of the Association at a special meeting noticed and called for that purpose. The Association shall elect a committee of not less than three persons to act for the Association to take any necessary action required to enforce the provisions herein contained or perform the duties of said association as herein provided. All expenses incurred, among other things in maintaining the subdivision, administrating this Declaration, including any salaries paid to any guard or maintenance men, shall be a proper charge against the Association.

17. The Association, through its duly elected officers, shall have the right at its option, to enter upon all lots or parcels of land to care for, cut grass, remove rubbish and keep all lots, or parcels of land from creating an unsightly appearance and to charge the owner of said lot, block, or parcel of land for the actual cost plus ten percent for service performed in alleviating said unsightly appearance. Any such charge shall constitute a lien against the real property. All garbage and trash shall be sacked or securely wrapped and placed in a sanitary container, which must be kept tightly closed and in good condition at all times, and no trash or garbage shall, at any time, be burned on any of said lots.

18. The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon all persons purchasing or occupying any lot or lots in said subdivision after the date on which this instrument has been recorded. These covenants, restrictions, reservations and conditions may be enforced by the owner of any parcel in said subdivision, Pinetop Community Association, or any one or more of said individuals and corporations; provided, however, that any breach of said covenants, restrictions, reservations and conditions, or any right of re-entry by reason thereof, shall not defeat or affect the lien of any mortgage or deed of trust made in good faith and for value upon said land, but except as hereinafter provided, each and all of said covenants, restrictions, reservations and conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, trustee’s sale or otherwise, and provided also, that the breach of any of said covenants, restrictions, reservations and conditions may be enjoined, abated or remedied by appropriate proceedings, notwithstanding the lien or existence of any such deed of trust or mortgage. All instruments of conveyance of any interest in all or any part of said subdivision shall contain reference to this instrument and shall be subject to the covenants, restrictions, reservations and conditions herein as fully as though the terms and conditions of this instrument were therein set forth in full; provided, however, that the terms and conditions of this instrument shall be binding upon all persons affected by its terms, whether express reference is made to this instrument or not. 

19. Wherever the terms "owner" or "owners" are used herein, such terms shall include purchaser or purchasers under an agreement for sale or contract to purchase, and beneficiary or beneficiaries of any trust owning or purchasing to parcel within said subdivision.

20. Invalidation of any one of these covenants, restrictions, reservations or conditions, by judgment or court order shall in no wise affect the validity of any of the other provisions, and the same shall remain in full force and effect.

21. These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty years from the date hereof. Thereafter, they shall be deemed to have been renewed for successive terms of ten years, unless revoked or amended by an instrument in writing, executed and acknowledged by the owners of not less than three-fourths of the lots in said subdivision, which said instrument shall be recorded in the office of the County Recorder of Navajo County, Arizona, within ninety days prior to the expiration of the initial effective period hereof or any ten-year extension.

DATED this _12th_ day of June, 1968.

Subdivision: Pinetop Country Club Unit 3, lots 484 through 643 inclusive; dated 20 June 1967

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DECLARATION OF RESTRICTIONS

TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Trustee under Trust Number 10,767, and TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Mortgagee under Trust Number 10,768 being the owner and mortgagee, respectively, of the following described real property situate within the County of Navajo, State of Arizona, to wit:

PINETOP COUNTRY CLUB UNIT THREE, according to the plat of record in the office of the
County Recorder of Navajo County, Arizona, in Plat Book 9, Page 28,

and desiring to establish the nature of the use and enjoyment thereof, hereby declares that the following express covenants, restrictions, reservations and conditions shall attach to the said real property and every lot or parcel thereof, and shall constitute covenants running with the land.


A. Lots 484 to 642 inclusive, shall be subject to the following express covenants, restrictions and reservations;

1. Said lots are hereby restricted to single-family dwellings for residential use only. No business activities of any kind whatsoever shall be conducted upon any of said lots or improvements located thereon.

2. All buildings or structures erected on said lots shall be of new construction and no building or structure shall be moved from other location onto said premises. Not more than one single-family structure maybe erected on any individual lot; provided, however, a separate guest quarter may be constructed without cooking facilities. Every residential structure shall have a fully enclosed ground floor area devoted to living purposes, exclusive of porches, terraces, garages and guest quarters of not less than 800 square feet.

3. All plumbing, including but not limited to toilets, bathing facilities, and kitchen facilities, shall be of the modern inside type, connected below the surface of the ground to a septic tank with an adequate leach drainage line below the surface, or to an approved sewer line.

4. No structure shall be erected on any lot within 20 feet of the front line of said lot, or within 15 feet of either side line or rear lot line of said lot; provided, however, that the setback requirements herein provided may be amended or modified by the Pinetop Community Association upon written application by any owner, wherein the Association is of the opinion that the setback requirements would work an undue hardship, or where a variation thereof would be in the best interest of the lot owner and subdivision as a whole.

5. No horses, cattle, sheep, goats, pigs or other livestock or poultry maybe kept, boarded or maintained on any of said lots or any part thereof; provided, however, this restriction shall not be construed as prohibiting the keeping of ordinary domestic pet fowls, animals or game birds upon such property.

6. No advertising signs (except one "For Rent" or "For Sale" sign per lot, not to exceed three square feet), billboards, unsightly objects or nuisance shall be erected, placed or permitted to remain on any of said lots, nor shall the premises be used in any way, or have any purpose which may endanger the health or unreasonably disturb the holder of any parcel in the subdivision.

7. All clothes lines, equipment, garbage cans, incinerators, and service yards shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring parcels and streets. No metal fence shall be erected on any lot. All rubbish, trash or garbage shall be removed from the premises and shall not be allowed to accumulate thereon.

8. Each property owner agrees that by the acceptance of the contract of purchase or a deed to any lot within said tract that he will become a member of the non-profit association to be known as Pinetop Community Association (herein generally referred to as the "Association") to be formed by the purchasers of the lots, their successors in interest, or the declarants, and entitled to one vote for each lot owned. Said Association shall have the primary purpose of administration of these restrictions and the general maintenance of the property for the benefit of the purchasers. Each property owner shall obey the rules and regulations of the Association, and by the acceptance of contract of purchase or of a deed to any lot, said purchaser does agree to pay any dues imposed by the Association, and the dues proposed by said Association shall apply equally to each lot within the subdivision; provided, however, that any such dues imposed by the Association shall not exceed the sum of $24.00 per year unless said maximum amount is increased by the affirmative vote of 60% of the members of the Association at a special meeting noticed and called for that purpose. The Association shall appoint a committee of not less than three persons to act for the Association to take the necessary action required in Paragraph 9 below. All expenses incurred, among other things in maintaining the subdivision, administrating this Declaration, including any salaries paid to any guard or maintenance men, shall be a proper charge against an owner.

9. No building, fence, wall, antenna, broadcasting tower or other structure shall be commenced, erected, maintained or remodeled until the plans and specifications showing the nature, kind, shape, color, height, material, floor plans, location and approximate cost of such structure shall have been submitted to and approved by the Association and a copy thereof, as finally approved, lodged permanently with said Association. Failure of said Association to reject in writing said plans and specifications within thirty days from the date the same are submitted shall constitute approval of said plans and specifications. Approval of plans and specifications shall not be unreasonably withheld, and rejection of any plans or specifications must be based on reasonable judgment as to the effect that said construction changes and alterations will have on the subdivision as a whole. The Association 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 any 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. All subsequent additions to or changes or alterations, including but not limited to painting of exterior surfaces of any building, fence, wall or other structure, shall be subject to the prior approval of the Association.

10. No temporary house trailer, tent or other outbuilding shall be placed or erected on any lot longer than a period of six months, then only during the construction of a permanent dwelling.

11. No elevated tanks of any kind shall be erected, placed or permitted upon any of said lots. Any tanks for use in connection with any residential construction on said property, including tanks for the storage of gas and fuel oil, must be buried or walled in or kept screened by adequate planting to conceal it from the neighboring tracts, roads and streets.

12. No lot or lots shall be subdivided except for the purpose of combining the resubdivided portion of one lot with another adjoining lot or lots, provided that no additional or smaller lot is created thereby. Any ownership or single holding by any person comprising parts of two adjoining lots or the whole of one lot and parts of one or more adjoining lots shall, for the purposes of this Declaration of Conditions and Restrictions, be deemed to constitute a single lot.

B. In the event the owner of any lot shall fail to maintain the premises and the exterior of the improvements situated thereon in a manner reasonably satisfactory to the Association, or in the event the owner of any lot shall fail to keep a fire line cleared to the mineral soil around his lot, or permit litter and debris to accumulate on his lot, or fail to comply with any other reasonable fire preventive requirements, Pinetop Community Association, through its agents and employees, shall have the right to enter upon such premises and to repair, maintain, rehabilitate and restore the exterior of any improvements situated thereon and/or clean or clear any lot of litter and debris, or take any other steps necessary to meet reasonable fire preventive regulations; provided, however, that the Association shall first give written notice to the owner of said lot of its intention to make such repairs or of its intention to perform such cleaning, maintenance or rehabilitation work, affording the owner of said lot thirty days time in which to make said necessary repairs, maintenance or clearing work. If at the end of said thirty-day period the work to be performed has not been done by the owner, then Pinetop Community Association shall have the right, as set forth herein, to make such repairs, rehabilitation, clearing or maintenance work. Nothing herein contained shall be construed to grant to Pinetop Community Association any right to enter into or inside of any building located on any lot without the consent of the owner thereof. Any costs incurred by Pinetop Community Association in enforcing and carrying out any of the performance of this paragraph shall be charged against the owner of said lot by invoice.

C. Pinetop Community Association, or its successors, shall be given notice in writing of any intended sale, transfer or conveyance by any of the owners of lots in the subdivision. Within twenty days after said notice is mailed by certified mail to Pinetop Community Association, or its successor, of the owner's intention to sell, stating the price and the name of the purchaser, Pinetop Community Association, through its authorized officers or agents shall, have the option to purchase said lot at the same price and terms as the price and terms offered the proposed purchaser. In the event the said option shall not have been exercised within the twenty-day period, the proposed sale to the purchaser shall be deemed to have been approved by the Association or its successor. In the event that the Association, or its successor, shall fail to exercise the option to purchase said lot within the said twenty-day period, the proposed sale and transfer shall be valid only upon compliance with the following; there shall be filed in the office of the County Recorder of Navajo County, Arizona, and incorporated in the instrument of sale, transfer or conveyance, by reference, one of the following; (1) a certificate of approval by Pinetop Community Association, or its successor, of such sale, transfer or conveyance; or (2) an .affidavit of the owner of said lot that notice has been given to Pinetop Community Association, or its successor, in accordance with the provisions of this paragraph, and that Pinetop Community Association, or its successor, has failed to exercise its option within twenty days from the date of mailing said notice.

D. Should the interest of the owner of any lot become subject to a mortgage or other security device given in good faith and for value to a bank, savings and loan association, insurance company or other corporation or association regularly engaged in making mortgage loans, the holder thereof, upon becoming the owner of such interest through whatever means, or the seller at any sale under a power of sale therein contained, or the purchaser at a foreclosure sale, shall have the unqualified right to sell or otherwise dispose of said interest without complying with the provisions of paragraph "C" hereof, provided that all subsequent purchasers shall take subject to the limitations contained in said paragraph.

E. The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon all persons purchasing or occupying any lot or lots in said subdivision after the date on which this instrument has been recorded. These covenants, restrictions, reservations and conditions may be enforced by the owner of any parcel in said subdivision, Pinetop Community Association, or any one or more of said individuals and corporations; provided, however, that any breach of said covenants, restrictions, reservations and conditions, or any right of re-entry by reason thereof, shall not defeat or affect the lien of any mortgage or deed of trust made in good faith and for value upon said land, but except as hereinafter provided each and all of said covenants, restrictions, reservations and conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, trustee's sale or otherwise, and provided also that the breach of any of said covenants, restrictions, reservations and conditions may be enjoined, abated or remedied by appropriate proceedings, notwithstanding the lien or existence of any such deed of trust or mortgage. All instruments of conveyance of any interest in all or any part of said subdivision shall contain reference to this instrument and shall be subject to the covenants, restrictions, reservations and conditions herein as fully as though the terms and conditions of this instrument were therein set forth in full; provided, however, that the terms and conditions of this instrument shall be binding upon all persons affected by its terms, whether express reference is made to this instrument or not.

F. Wherever the terms "owner" or "owners" are used herein, such terms shall include purchaser or purchasers under an agreement for sale or contract to purchase, and beneficiary or beneficiaries of any trust owning or purchasing to parcel within said subdivision.

G. Invalidation of any one of these covenants, restrictions, reservations or conditions, by judgment or court order shall in no wise affect the validity of any of the other provisions, and the same shall remain in full force and effect.

H. These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty years from the date hereof. Thereafter they shall be deemed to have been renewed for successive terms of ten years, unless revoked or amended by an instrument, in writing, executed and acknowledged by the owners of not less than three-fourths of the lots in said subdivision, which said instrument shall be recorded in the office of the County Recorder of Navajo County, Arizona, within ninety days prior to the expiration of the initial effective period hereof or any ten-year extension.

I. Nothing in this agreement to contrary withstanding Lot 601 is hereby exempted from these covenants, restrictions, reservations, and conditions.

DATED this _20th_ day of June 1967.

Subdivision: Pinetop Country Club Unit 4; dated 24 September 1968

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DECLARATION OF RESTRICTIONS

TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Trustee under Trust Number 10,767, and TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, as Mortgagee under Trust Number 10,768 being the owner and mortgagee, respectively, of the following described real property situate within the County of Navajo, State of Arizona, to wit:

PINETOP COUNTRY CLUB UNIT FOUR, according to the plat of record in the office of the County Recorder of Navajo County, Arizona, in Plat Book 10, Page 3,

and desiring to establish the nature of the use and enjoyment thereof, hereby declares that the following express covenants, restrictions, reservations and conditions shall attach to the said real property and every lot or parcel thereof, and shall constitute covenants running with the land.


A. Lots 1 to 138 inclusive, shall be subject to the following express covenants, restrictions and reservations:

1. Said lots are hereby restricted to single-family dwellings for residential use only. No business activities of any kind whatsoever shall be conducted upon any of said Lots or improvements located thereon.

2. All buildings or structures erected on said lots shall be of new construction and no building or structure shall be moved from other locations onto said premises. Not more than one single-family structure may be erected on any individual lot; provided, however, a separate guest quarter may be constructed without cooking facilities. Every residential structure shall have a fully enclosed ground floor area devoted to living purposes, exclusive of porches, terraces, garages and guest quarters of not less than 800 square feet.

3. All plumbing, including but not limited to toilets, bathing facilities, and kitchen facilities, shall be of the modem inside type, connected below the surface of the ground to a septic tank with an adequate leach drainage line below the surface, or to an approved sewer line.

4. No structure shall be erected on any lot within 20 feet of the front line of said lot, or within 15 feet of either side line or rear lot line of said lot; provided however, that the setback requirements herein provided may be amended or modified by the Pinetop Community Association upon written application by any owner, wherein the Association is of the opinion that the setback requirements would work an undue hardship, or where a variation thereof would be in the best interest of the lot owner and subdivision as a whole.

5. No horses, cattle, sheep, goats, pigs or other livestock or poultry may be kept, boarded or maintained on any of said lots or any part thereof; provided, however, this restriction shall not be construed as prohibiting the keeping of ordinary domestic pet fowls, animals or game birds upon such property.

6. No advertising signs (except one "For Rent" or "For Sale" sign per lot, by owner only, erected, placed or permitted to remain on any of said lots, nor shall the premises be used in any way, or have any purpose which may endanger the health or unreasonably disturb the holder of any parcel in the subdivision.

7. All clothes lines, equipment, garbage cans, incinerators, and service yards shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring parcels and streets. No metal fence shall be erected on any lot. All rubbish, trash or garbage shall be removed from the premises and shall not be allowed to accumulate thereon.

8. Each property owner agrees that by the acceptance of the contract of purchase or a deed to any lot within said tract that he will become a member of the non-profit association to be known as Pinetop Community Association (herein generally referred to as the "Association") to be formed by the purchasers of the lots, their successors in interest, or the declarants, and entitled to one vote for each lot owned. Said Association shall have the primary purpose of administration of these restrictions and the general maintenance of the property for the benefit of the purchasers. Each property owner shall obey the rules and regulations of the Association, and by the acceptance of contract of purchase or of a deed to any lot, said purchaser does agree to pay any dues imposed by the Association, and the dues proposed by said Association shall apply equally to each lot within the subdivision; provided, however, that any such dues imposed by the Association shall not exceed the sum of $24.00 per year unless said maximum amount is increased by the affirmative vote of 60% of the members of the Association at a special meeting noticed and called for that purpose. The Association shall appoint a committee of not less than three persons to act for the Association to take the necessary action required in Paragraph 9 below. All expenses incurred, among other things in maintaining the subdivision, administrating this Declaration, including any salaries paid to any guard or maintenance men, shall be a proper charge against an owner.

9. No building, fence, wall, antenna, broadcasting tower or other structure shall be commenced, erected, maintained or remodeled until the plans and specifications showing the nature, kind, shape, color, height, material, floor plans, location and approximate cost of such structure shall have been submitted to and approved by the Association and a copy thereof, as finally approved, lodged permanently with said Association. Failure of said Association to reject in writing said plans and specifications within thirty days from the date the same are submitted shall constitute approval of said plans and specifications. Approval of plans and specifications shall not be unreasonably withheld, and rejection of any plans or specifications must be based on reasonable judgment as to the effect that said construction changes and alterations will have on the subdivision as a whole. The Association 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 any 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. All subsequent additions to or changes or alterations, including but not limited to painting of exterior surfaces of any building, fence, wall or other structure, shall be subject to the prior approval of the Association.

10. No temporary house trailer, tent or other outbuilding shall be placed or erected on any lot longer than a period of six months, then only during the construction of a permanent dwelling.

11. No elevated tanks of any kind shall be erected, placed or permitted upon any of said lots. Any tanks for use in connection with any residential construction on said property, including tanks for the storage of gas and fuel oil, must be buried or walled in or kept screened by adequate planting to conceal it from the neighboring tracts, roads and streets.

12. No lot or lots shall be subdivided except for the purpose of combining the resubdivided portion of one lot with another adjoining lot or lots, provided that no additional or smaller lot is created thereby. Any ownership or single holding by any person comprising parts of two adjoining lots or the whole of one lot and parts of one or more adjoining lots shall, for the purposes of this Declaration of Conditions and Restrictions, be deemed to constitute a single lot.

B. In event the owner of any lot shall fail to maintain the premises and the exterior of the improvements situated thereon in a manner reasonably satisfactory to the Association, or in event the owner of any lot shall fail to keep a fire line cleared to the mineral soil around his lot, or permit litter and debris to accumulate on his lot, or fail to comply with any other reasonable fire preventive requirements, Pinetop Community Association, through its agents and employees, shall have the right to enter upon such premises and to repair, maintain, rehabilitate and restore the exterior of any improvements situated thereon and/or clean or clear any lot of litter and debris, or take any other steps necessary to meet reasonable fire preventive regulations; provided, however, that the Association shall first give written notice to the owner of said lot of its intention to make such repairs or of its intention to perform such cleaning, maintenance or rehabilitation work, affording the owner of said lot thirty days time in which to make said necessary repairs, maintenance or clearing work. If at the end of said thirty-day period the work to be performed has not been done by the owner, then Pinetop Community Association shall have the right, as set forth herein, to make such repairs, rehabilitation, clearing or maintenance work. Nothing herein contained shall be construed to grant to Pinetop Community Association any right to enter into or inside of any building located on any lot without the consent of the owner thereof. Any costs incurred by Pinetop Community Association in enforcing and carrying out any of the performance of this paragraph shall be charged against the owner of said lot by invoice.

C. Pinetop Community Association, or its successors, shall be given notice in writing of any intended sale, transfer or conveyance by any of the owners of lots in the subdivision. Within twenty days after said notice is mailed by certified mail to Pinetop Community Association, or its successor, of the owner's intention to sell, stating the price and the name of the purchaser, Pinetop Community Association, through its authorized officers or agents shall have the option to purchase said lot at the same price and terms as the price and terms offered the proposed purchaser. In the event the said option shall not have been exercised within the twenty-day period, the proposed sale to the purchaser shall be deemed to have been approved by the Association or its successor. In the event that the Association, or its successor, shall fail to exercise the option to purchase said lot within the said twenty-day period, the proposed sale and transfer shall be valid only upon compliance with the following; there shall be filed in the office of the County Recorder of Navajo County, Arizona, and incorporated in the instrument of sale, transfer or conveyance, by reference, one of the following; (1) a certificate of approval by Pinetop Community Association, or its successor, of such sale, transfer or conveyance; or (2) an .affidavit of the owner of said lot that notice has been given to Pinetop Community Association, or its successor, in accordance with the provisions of this paragraph, and that Pinetop Community Association, or its successor, has failed to exercise its option within twenty days from the date of mailing said notice.

D. Should the interest of the owner of any lot become subject to a mortgage or other security device given in good faith and for value to a bank, savings and loan association, insurance company or other corporation or association regularly engaged in making mortgage loans, the holder thereof, upon becoming the owner of such interest through whatever means, or the seller at any sale under a power of sale therein contained, or the purchaser at a foreclosure sale, shall have the unqualified right to sell or otherwise dispose of said interest without complying with the provisions of paragraph "C" hereof, provided that all subsequent purchasers shall take subject to the limitations contained in said paragraph.

E. The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon all persons purchasing or occupying any lot or lots in said subdivision after the date on which this instrument has been recorded. These covenants, restrictions, reservations and conditions may be enforced by the owner of any parcel in said subdivision, Pinetop Community Association, or any one or more of said individuals and corporations; provided, however, that any breach of said covenants, restrictions, reservations and conditions, or any right of re-entry by reason thereof, shall not defeat or affect the lien of any mortgage or deed of trust made in good faith and for value upon said land, but except as hereinafter provided each and all of said covenants, restrictions, reservations and shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, trustee’s sale or otherwise, and provided also that the breach of any of said covenants, restrictions, reservations and conditions may be enjoined, abated or remedied by appropriate proceedings, notwithstanding the lien or existence of any such deed of trust or mortgage. All instruments of conveyance of any interest in all or any part of said subdivision shall contain reference to this instrument and shall be subject to the covenants, restrictions, reservations and conditions herein as fully as though the terms and conditions of this instrument were therein set forth in full; provided, however, that the terms and conditions of this instrument shall be binding upon all persons affected by its terms, whether express reference is made to this instrument or not.

F. Wherever the terms "owner" or "owners" are used herein, such terms shall include purchaser or purchasers under an agreement for sale or contract to purchase, and beneficiary or beneficiaries of any trust owning or purchasing to parcel within said subdivision.

G. Invalidation of any one of these covenants, restrictions, reservations or conditions, by judgment or court order shall in no wise affect the validity of any of the other provisions, and the same shall remain in full force and effect.

H. These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty years from the date hereof. Thereafter they shall be deemed to have been renewed for successive terms of ten years, unless revoked or amended by an instrument, in writing, executed and acknowledged by the owners of not less than threefourths of the lots in said subdivision, which said instrument shall be recorded in the office of the County Recorder of Navajo County, Arizona, within ninety days prior to the expiration of theinitial effective period hereof or any ten-year extension.

DATED this 24th day of September 1968.

Subdivision: Pinetop Country Club Unit 5; dated 12 May 1970

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DECLARATION OF RESTRICTIONS

SOUTHERN ARIZONA TITLE & TRUST COMPANY, an Arizona corporation, as Trustee under Trust Number 10,767, being the owner of the following described real property situate within the County of Navajo, State of Arizona, to wit:

PINETOP COUNTRY CLUB UNIT FIVE, according to the plat of record in the office of the County Recorder of Navajo County, Arizona in Plat Book 10, Page 36,

and desiring to establish the nature of the use and enjoyment thereof, hereby declares that the following express covenants, restrictions, reservations and conditions shall attach to the said real property and every lot or parcel thereof, and shall constitute covenants running with the land.


A. Lots 1 to 84 inclusive, shall be subject to the following express covenants, restrictions and reservations

1. Said lots are hereby restricted to single-family dwellings for residential use only. No business activities of any kind whatsoever shall be conducted upon any of said lots or improvements located thereon.

2. All buildings or structures erected on said lots shall be of new construction and no building or structure shall be moved from other locations onto said premises. Not more than one single family structure may be erected on any individual lot; provided, however, a separate guest quarter may be constructed without cooking facilities. Every residential structure shall have a fully enclosed ground floor area devoted to living purposes, exclusive of porches, terraces, garages and guest quarters of not less than 800 square feet.

3. All plumbing, including but not limited to toilets, bathing facilities, and kitchen facilities, shall be of the modern inside type, connected below the surface of the ground to a septic tank with an adequate leach drainage line below the surface, or to an approved sewer line.

4. No structure shall be erected on any lot within 20 feet of the front line of said lot, or within 15 feet of either side line or rear lot line of said lot; provided, however, that the setback requirements herein provided may be amended or modified by the Pinetop Community Association upon written application by any owner, wherein the Association is of the opinion that the setback requirements would work an undue hardship, or where a variation thereof would be in the best interest of the lot owner and subdivision as a whole.

5. No horses, cattle, sheep, goats, pigs or other livestock or poultry may be kept, boarded or maintained on any of said lots or any part thereof; provided, however, this restriction shall not be construed as prohibiting the keeping of ordinary domestic pet fowls, animals or game birds upon such property.

6. No advertising signs (except one "For Rent" or "For Sale" sign per lot, by owner only,) erected, placed or permitted to remain on any of said lots, nor shall the premises be used in any way, or have any purpose which may endanger the health or unreasonably disturb the holder of any parcel in the subdivision.

7. All clothes lines, equipment, garbage cans, incinerators, and service yards shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring parcels and streets. No metal fence shall be erected on any lot. All rubbish, trash or garbage shall be removed from the premises and shall not be allowed to accumulate thereon.

8. Each property owner agrees that by the acceptance of the contract of purchase or a deedto any lot within said tract that he will become a member of the non-profit association to be known as Pinetop Community Association (herein generally referred to as the "Association") to be formed by the purchasers of the lots, their successors in interest, or the declarants, and entitled to one vote for each lot owned. Said Association shall have the primary purpose of administration of these restrictions and the general maintenance of the property for the benefit of the purchasers. Each property owner shall obey the rules and regulations of the Association, and by the acceptance of contract of purchase or of a deed to any lot, said purchaser does agree to pay any dues imposed by the Association, and the dues proposed by said Association shall apply equally to each lot within the subdivision; provided, however, that any such dues imposed by the Association shall not exceed the sum of $24.00 per year unless said maximum amount is increased by the affirmative vote of 60% of the members of the Association at a special meeting noticed and called for that purpose. The Association shall appoint a committee of not less than three persons to act for the Association to take the necessary action required in paragraph 9 below. All expenses incurred, among other things in maintaining the subdivision, administrating this Declaration, including any salaries paid to any guard or maintenance men, shall be a proper charge against an owner.

9. No building, fence, wall, antenna, broadcasting tower or other structure shall be commenced, erected, maintained or remodeled until the plans and specifications showing the nature, kind, shape, color, height, material, floor plans, location and approximate cost of such structure shall have been submitted to and approved by the Association and a copy thereof, as finally approved, lodged permanently with said Association. Failure of said Association to reject in writing said plans and specifications within thirty days from the date the same are submitted shall constitute approval of said plans and specifications. Approval of plans and specifications shall not be unreasonably withheld, and rejection of any plans or specifications must be based on reasonable judgment as to the effect that said construction changes and alterations will have on the subdivision as a whole. The Association 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 any 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. All subsequent additions to or changes or alterations, including but not limited to painting of exterior surfaces of any building, fence, wall or other structure, shall be subject to the prior approval of the Association.

10. No temporary house trailer, tent or other outbuilding shall be placed or erected on any lot longer than a period of six months, then only during the construction of a permanent dwelling.

11. No elevated tanks of any kind shall be erected, placed or permitted upon any of said lots. Any tanks for use in connection with any residential construction on said property, including tanks for the storage of gas and fuel oil, must be buried or walled in or kept screened by adequate planting to conceal it from the neighboring tracts, roads and streets.

12. No lot or lots shall be subdivided except for the purpose of combining the re-subdivided portion of one lot with another adjoining lot or lots, provided that no additional or smaller lot is created thereby. Any ownership or single holding by any person comprising parts of two adjoining lots or the whole of one lot and parts of one or more adjoining lots shall, for the purposes of this Declaration of Conditions and Restrictions, be deemed to constitute a single lot.

B. In the event the owner of any lot shall fail to maintain the premises and the exterior of the improvements situated thereon in a manner reasonably satisfactory to the Association, or in the event the owner of any lot shall fail to keep a fire line cleared to the mineral soil around his lot, or permit litter and debris to accumulate on his lot, or fail to comply with any other reasonable fire preventive requirements, Pinetop Community Association, through its agents and employees, shall have the right to enter upon such premises and to repair, maintain, rehabilitate and restore the exterior of any improvements situated thereon and/or clean or clear any lot of litter and debris, or take any other steps necessary to meet reasonable fire preventive regulations; provided, however, that the Association shall first give written notice to the owner of said lot of its intention to make such repairs or of its intention to perform such cleaning, maintenance or rehabilitation work, affording the owner of said lot thirty days time in which to make said necessary repairs, maintenance or clearing work. If at the end of said thirtyday period the work to be performed has not been done by the owner, then Pinetop Community Association shall have the right, as set forth herein, to make such repairs, rehabilitation, clearing or maintenance work. Nothing herein contained shall be construed to grant to Pinetop Community Association any right to enter into or inside of any building located on any lot without the consent of the owner thereof. Any costs incurred by Pinetop Community Association in enforcing and carrying out any of the performance of this paragraph shall be charged against the owner of said lot by invoice.

C. Pinetop Community Association, or its successors, shall be given notice in writing of any intended sale, transfer or conveyance by any of the owners of lots in the subdivision. Within twenty days after said notice is mailed by certified mail to Pinetop Community Association, or its successor, of the owner's intention to sell, stating the price and the name of the purchaser, Pinetop Community Association, through its authorized officers or agents shall have the option to purchase said lot at the same price and terms as the price and terms offered the proposed purchaser. In the event the said option shall not have been exercised within the twenty-day period, the proposed sale to the purchaser shall be deemed to have been approved by the Association or its successor. In the event that the Association, or its successor, shall fail to exercise the option to purchase said lot within the said twenty-day period, the proposed sale and transfer shall be valid only upon compliance with the following: there shall be filed in the office of the County Recorder of Navajo County, Arizona, and incorporated in the instrument of sale, transfer or conveyance, by reference, one of the following: (1) a certificate of approval by Pinetop Community Association, or its successor, of such sale, transfer or conveyance; or (2) an .affidavit of the owner of said lot that notice has been given to Pinetop Community Association, or its successor, in accordance with the provisions of this paragraph, and that Pinetop Community Association, or its successor, has failed to exercise its option within twenty days from the date of mailing said notice.

D. Should the interest of the owner of any lot become subject to a mortgage or other security device given in good faith and for value to a bank, savings and loan association, insurance company or other corporation or association regularly engaged in making mortgage loans, the holder thereof, upon becoming the owner of such interest through whatever means, or the seller at any sale under a power of sale therein contained, or the purchaser at a foreclosure sale, shall have the unqualified right to sell or otherwise dispose of said interest without complying with the provisions of paragraph "C" hereof, provided that all subsequent purchasers shall take subject to the limitations contained in said paragraph.

E. The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon all persons purchasing or occupying any lot or lots in said subdivision after the date on which this instrument has been recorded. These covenants, restrictions, reservations and conditions may be enforced by the owner of any parcel in said subdivision, Pinetop Community Association, or any one or more of said individuals and corporations; provided, however, that any breach of said covenants, restrictions, reservations and conditions, or any right of re-entry by reason thereof, shall not defeat or affect the lien of any mortgage or deed of trust made in good faith and for value upon said land, but except as hereinafter provided each and all of said covenants, restrictions, reservations and conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, trustee’s sale or otherwise, and provided also that the breach of any of said covenants, restrictions, reservations and conditions may be enjoined, abated or remedied by appropriate proceedings, notwithstanding the lien or existence of any such deed of trust or mortgage. All instruments of conveyance of any interest in all or any part of said subdivision shall contain reference to this instrument and shall be subject to the covenants, restrictions, reservations and conditions herein as fully as though the terms and conditions of this instrument were therein set forth in full; provided, however, that the terms and conditions of this instrument shall be binding upon all persons affected by its terms, whether express reference is made to this instrument or not.

F. Wherever the terms "owner" or "owners" are used herein, such terms shall include purchaser or purchasers under an agreement for sale or contract to purchase, and beneficiary or beneficiaries of any trust owning or purchasing to parcel within said subdivision.

G. Invalidation of any one of these covenants, restrictions, reservations or conditions, by judgment or court order shall in no wise affect the validity of any of the other provisions, and the same shall remain in full force and effect.

H. These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty years from the date hereof. Thereafter they shall be deemed to have been renewed for successive terms of ten years, unless revoked or amended by an instrument, in writing, executed and acknowledged by the owners of not less than three-fourths of the lots in said subdivision, which said instrument shall be recorded in the office of the County Recorder of Navajo County, Arizona, within ninety days prior to the expiration of the initial effective period hereof or any ten-year extension.

DATED this _12th_ day of May, 1970

Articles of Incorporation of Pinetop Community Association

(Amended August 1975 and August 1996)

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KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, have voluntarily associated ourselves together for the purpose of forming a  private, non-profit corporation for the purposes and with the powers hereinafter set out, under and pursuant to the laws of the State of Arizona, and we do hereby adopt the following Articles of Incorporation:

ARTICLE I

The name of the corporation shall be PINETOP COMMLINITY ASSOCIATION, and its principal place of business within the State of Arizona shall be in Navajo County, Arizona, but the Board of Directors may designate other places, within the State of Arizona, where other offices may be established, maintained and corporate business transacted.

ARTICLE II

The names, residences and post office address of the incorporators are as follows:

L.C. JACOBSON
1528 East Missouri
Phoenix, Arizona

JAY KEE JACOBSON
1528 East Missouri
Phoenix, Arizona

ARTICLE III

This Corporation is organized for the foltowing non-profit purposes:

(l) To maintain a community in Navajo County, Arizona, for PINETOP COUNTRY CLUB MOBILE HOMES UNIT 1, a subdivision of part of Section 11, 8 North, 23 East, Navajo County, Arizona; PINETOP COUNTRY CLUB MOBILE HOMES UNIT 2, a subdivision of part of Section 2 and 11, 8 North, 23 East, Navajo County, Arizona, except for Lots 42 through 50 and Lots 79 through 86 which were originally included as part of PINETOP COUNTRY CLUB MOBILE HOMES UNIT 1, but which were subsequently replatted and included as a part of PINETOP LAKES MOUNTAIN HOMES UNIT ONE; PINETOP COUNTRY CLUB UINIT 3, a subdivision of part of Sections 1 and 12, 8 North, 23 East, Navajo County, Arizona; PINETOP COUNTRY CLUB UNIT 4, a subdivision of part of Section 1, 8 North, 23 East, Navajo County, Arizona; PINETOP COUNTRY CLUB UNIT 5, a subdivision of part of Sections 1 and 2, 8 North, 23 East, Navajo County, Arizona; Lots 95 through 110 of PINETOP LAKES MOUNTAIN HOMES UNIT ONE (which lots were originally platted and included as lots 42 through 50 and lots 79 through 86 of PINETOP COUNTRY CLUB MOBILE HOMES UNIT 2, a subdivision of part of Section 11, 8 North, 23 East, Navajo County, Arizona.

(2) To promote the collective and individual property and civic interests and deed restrictions and rights of all properties, persons, firms, and corporations owning properly in said units.

(3) As such non-profit corporation to be charitable and benevolent and to encourage, promote and unite the property owners who reside in said units and to encourage civic improvement in said units and vicinity and to do such things as are necessary to protect the property situated within said units from any influence which would devalue or degrade said properties and to cooperate with other organizations having similar objectives.

(4) To care for the improvement and maintenance of any community center, gateways, public easements, parkways, grass plots, parking areas, and any facilities of any kind dedicated to any community use and other open spaces and other ornamental features.

(5) To cooperate with the owners of all vacant and unimproved lots and plots and improved lots and plots now existing or which hereafter shall exist in said units in keeping them in good order sightly condition and from preventing them from becoming a nuisance and a detriment to the beauty of said units and to the value of the improved and unimproved property therein; and to take any action with reference to such vacant and unimproved lots and plots and improved lots and plots as may be necessary or desirable to keep them from becoming such nuisance and detriment.

(6) To aid and cooperate with all property owners in said units in the enforcement of such conditions, covenants, and restrictions on and appurtenant to their property as are now in existence, as well as any other conditions, covenants and restrictions as shall hereafter be approved by a majority vote of the members of the Corporation, and to counsel with the planning commissions and town councils of any towns or cities and municipal and county organizations or entities having jurisdiction in relation to any zoning or other matters which may affect any portion of the subject property.

(7) In general, but in connection with the foregoing to do any and all things necessary to promote the general welfare of the residents and owners of said property and their property interests therein. To acquire, own or lease such real and personal property as may be necessary or convenient for the transaction of its business and the fulfillment of its purposes and objects, and to exercise all rights, powers and privileges of ownership to the same extent as natural persons might or could do.

(8) To arrange social and recreational functions for its members.

(9) To exercise any and all powers which may be delegated to it from time to time by the owners of real property in the tract, and found in all declaration of restrictions for each said unit.

(10) In general but in connection with the foregoing, to do any and all things necessary to promote the general welfare of the residents and owners of any portions of any of the above-described units and their property interests therein. To acquire, owl, or lease such real and personal property as may be necessary or convenient for the transaction of its business and the fulfillment of its purposes and objects, and to exercise all rights, powers and privileges of ownership to the same extent as natural persons might or could do, and enter into contracts with any other corporation or non-profit association for the purpose of delegating its duties, enforcement power, and responsibilities and or any other reason whatsoever.

ARTICLE IV

No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to, its members, trustees, officers, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distribution in futherance of the purposes set forth in Article III hereof, No substantial part of the activities of the Corporation shalt be the carrying of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) and political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the Corporation shall not carry on any other activities not permitted to be carried on a) by a corporation exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law).

ARTICLE V

Upon the dissolution of the Corporation, the Board of Directors shall, after paying or making provision for the payment of all of the liabilities of the Corporation, dispose of all of the assets of the Corporation exclusively for the purposes of the Corporation in such manner, or to such organizations organized and operated exclusively for purposes similar to the purpose of this Corporation, and shall at the time qualify as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the Board of Directors shall determine.

ARTICLE VI

It is the intent of the corporation to qualify as an organization described in Section 501(c)(3) of the Internal Revenue code of 1954, and not withstanding anything contained in these Articles to the contrary, the corporation shall exercise only such powers as are in furtherance of the exempt purposes of organizations as set forth in Section 501(c)(3) of the Internal Revenue Code of 1954 and the regulations promulgated there under as they now exist or as they may be hereafter amended from time to time.

ARTICLE VII

As a means of accomplishing the purpose of this Corporation, the Corporation shall have the following powers:

(1) To accept, acquire, receive, take and hold by bequest, devise, grant, gift and purchase, exchange, lease, transfer, judicial order of decree, or otherwise, for any of its objects and purposes, any property, both real and personal of whatever kind, nature or description and wherever situated. 

(2) To sell, exchange, convey, mortgage, lease, transfer, or otherwise dispose of, any such property, both real and personal, as the objects and the purposes of the corporation may require subject to such limitations as may be prescribed by law.

(3) To borrow money, and from time to time to make, accept, endorse, execute and issue bonds, debentures, promissory notes, bill of exchange and other obligations of the corporation for monies borrowed, or in payment for the property acquired, or for any of the other purposes of the Corporation, and to secure the payment of any such obligations by mortgage, pledge, deed, indenture, agreement or other instrument of trust or by lien upon, assignment of or agreement in regard to all or any of the properly rents, or privileges of the Corporation wherever situated, whether now owned or hereafter to be acquired.

(4) To invest, and reinvest funds in such stock, common or preferred, bond, debentures, mortgages, savings accounts, certificates of deposit, checking accounts, or in such other securities and property, whether real or personal, as the Board of Directors shall deem advisable, subject only to the limitations and provisions, if any, contained in any bequest, devise, grant or gift of such properly to this Corporation.

(5) To engage, enter into, and carry out contracts and agreements with public and private persons, organizations, and agencies, and other non-profit corporations with purpose of delegating or contracting with respect to its duties, obligations and liabilities.

(6) In general, to exercise such other powers which are now, or hereafter may be, conferred by law upon a corporation or organization for the purposes herein above set forth, or necessary, or incidental to the powers so conferred, or conducive to the attainment of the purposes of the Corporation, subject only to such limitations as are or may be prescribed by law.

(7) The foregoing enumeration of powers shall be limited only that such powers may be exercised by this Corporation in furtherance of its exempt purposes as set forth in Section 501(c)(3) of the Internal Revenue Code of 1954, and for no other purpose.

(8) To promote the collective and individual property and civic interests and deed restrictions and rights of all properties, persons, firms, and corporations owning properly in said units.

(9) To enforce such conditions, covenants and restrictions found in all Declarations of Restrictions, on and appurtenant to all properties contained herein under Article III as are now in existence, as well as any other conditions, covenants and restrictions as shall hereafter be approved by a majority vote of the members of the Corporation in any and every lawful manner, including the right to impose property liens, and to counsel with the planning commissions and town councils of any towns or cities and municipal and county organizations or entities having jurisdiction in relation to any zoning or other matters which may affect any portion of the subject property.

(10) To aid and cooperate with the members of the Corporation and with all property owners in said units in the enforcement of such conditions, covenants, and restriction on and appurtenant to their proper{y as are now in existence, as well as any other, conditions, covenants and restrictions as shall hereafter be approved by a majority vote of the members of the Corporation, and to counsel with the planning commissions and town councils of any towns or cities and municipal and county organizations or entities having jurisdiction in relation to any zoning or other matters which may affect any portion of the subject property.

ARTICLE VIII

This Corporation shall have no capital stock.

ARTICLE IX

The corporation shall have one class of members, the qualifications and rights being as follows:

(1) "Membership" shall refer to the rights with respect to this corporation which go with ownership of a single lot or set of adjoining lots in the subdivided properly. A membership may be owned by a single person or entity, or it may be jointly owned by more than one person or entity. If owned by more than one person or entity, the word "membership'o refers to the rights jointly owned by those persons or entities including the right to a single membership vote in the corporation. There shall be one membership for each lot, except that ownership of one or more adjoining lots shall give rise to only one membership. Each such membership shall be owned by the same person(s) or entities who own the lot or lots which give rise ts it and in the same form of ownership and shall be entitled to one vote. Membership dues shall be determined by the Board of Directors of
the association.

(2) The word "member' shall apply to an individual person or entity who/which owns or is one of a group of co-owners of a membership in the corporation. As set forth in the recorded covenants, restrictions, reservations and conditions running with the land contained in the deed restrictions on the subdivided property, each beneficial owner shall be a member of the Pinetop Community Association. Each member's ownership interest includes an undertaking by each member to comply with, obey and be bound by the Articles of Incorporation of this association as amended from time to time (hereinafter "the By-Laws"), and the policies, rules and regulations at any time adopted by this corporation.

ARTICLE X

This Corporation shall have perpetual duration.

ARTICLE XI

The affairs of the Corporation shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint. The number of directors shall not be less than three (3), nor more than twenty-five (25). Qualifications of the directors and officers of this Corporation shall be specified in the Bylaws of the Corporation. Directors shall be elected at the annual meeting of the Corporation which shall be held on the first Saturday in August of each year in Navajo County, Arizona or such other location as the Board of Directors shall determine. The Bylaws of this Corporation shall be adopted by the Directors named in these Articles of Incorporation and they may thereafter be altered, or repealed as provided for in the Bylaws. Until the first annual meeting of the members, and until their successors have been elected and qualified the following persons shall be directors of the Corporation: JAY KEE JACOBSON, LAWERENCE J. PETERSON, DWAYNE L. OLSON. Until their successors have been elected and qualified, the following persons shall be officers of the Corporation: JAY KEE JACOBSON, President; LAWERENCE J. PETERSON, Vice-President, Secretary end Treasurer, elected at an organization meeting held at 1528 East Missouri, Phoenix, Arizona on September 27,1971.

ARTICLE XII

These articles may be amended by the following procedure: The Board of Directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at an annual or special meeting of the members. At least ten (10) days written notice of the meeting of members shall be given to each member entitled to vote at the meeting which notice shall set forth the proposed amendment or a summary of the changes to be effected by it. The amendment may be adopted by the affirmative vote of a majority of members of the association to vote thereon.

ARTICLE XIII

The private property of the members, directors, and officers of this Corporation shall be forever exempt from all corporate debts of any kind whatsoever.

ARTICLE XIV

The fiscal year of the Corporation shall run from January 1 through December 31 of each year.

ARTICLE XV

The highest amount of indebtedness or liability, direct or contingent, to which this Corporation may be subject at any time, is to be such an amount as shall be authorized by the Board of Directors of the Corporation in conformity with and in the manner prescribed in the Bylaws.

ARTICLE XVI

This corporation shall indemnify any officer, director, or employees subjected to a claim of liability because the individual is or was an officer, director, or employee of this corporation, against liability incurred to the full extent allowed by A.R.S. 10-2305(B).

IN WITNESS WHEREOF, the said incorporators have here unto signed these Articles of Incorporation this 27th day of September, 1971.

/s/ Jay Kee Jacobson

/s/ L. C. Jacobson

IN WITNESS WHEREOF, the Pinetop Community Association has caused this certificate to be executed by its President as of this 2nd day of August, 1975.

/s/ O. Melvin Phillips - President

/s/ Richard E. Schaffer - Secretary

These Articles were amended by majority vote of the membership at the annual meeting held August 10, 1996, and properly recorded with the Arizona Corporation Commission.

/s/ Phillip L. James - President

/s/ .Richard Paver - Secretary

By-Laws

Pinetop Community Association
Amended & Restated Bylaws – June 20, 2013

Download PDF Version - Bylaws 2013 - Amended and Restated

Download PDF Version - Bylaws - Amended and Restated 1976 & 1996 (Scanned with signatures & For Reference Only)

Pinetop Community Association
Amended & Restated Bylaws – June 20, 2013

1.1 “Corporation”
The word “Corporation” shall mean Pinetop Community Association (aka Association), an Arizona nonprofit corporation.

1.2 “CC&R's”
The term “CC&R's” shall refer to any and all recorded covenants, conditions and restrictions (Declarations of Restrictions and any duly recorded amendments thereto) applicable to the Units.

1.3 “Lot” or “Lots”
For the purposes of these Bylaws, a “lot” shall be either a single lot in the subdivided property or more than one adjoining lots in the subdivided property owned by the same member or membership.

1.4 “Member”
The word “member” used herein applies to an individual person or entity who/which either owns a lot in the subdivided property or is one (1) of a group of co-owners of a lot in the subdivided property.

1.5 “Membership”
The word “membership” is used in these Bylaws to refer to the rights with respect to this Corporation which go with ownership of a single lot or a set of adjoining lots in the subdivided property. A membership may be owned by a single person or entity or it may be jointly owned by more than one (1) person or entity. If owned by more than one (1) person or entity, the word “membership” refers to the rights jointly owned by those persons or entities to a single voting membership in the Corporation. There is to be one (1) membership for each lot, except that ownership of one or more adjoining lots shall give rise to one (1) membership. Each such membership shall be owned by the same person(s) or entities who own the lot or lots which gives rise to it and in the same form of ownership.

2.1 Identity of Members
The members of this Corporation shall be all of the beneficial owners (as distinguished from security interest or title-only owners) of lots in those certain subdivisions [“Units”] in Navajo County, Arizona, known as:

  • PINETOP COUNTRY CLUB MOBILE HOMES UNIT 1, a subdivision of part of Section 11, 8 North, 23 East, Navajo County, Arizona, Lots 1 through 125B inclusive [“PCA Unit 1”];
  • PINETOP COUNTRY CLUB MOBILE HOMES UNIT 2, a subdivision of part of Sections 2 and 11, 8 North, 23 East, Navajo County, Arizona, Lots 1 through 41 inclusive, Lots 51 through 78 inclusive, Lots 87 through 97 inclusive; [“PCA Unit 2”];
  • PINETOP LAKES MOUNTAIN HOME UNIT 1, a subdivision of part of Section 11, 8 North, 23 East, Navajo County, Arizona, Lots 95 through 110 (which lots were originally platted and included as Lots 42 through 50 and Lots 79 through 86 of PINETOP COUNTRY CLUB MOBILE HOMES UNIT 2) [formerly “PCA Unit 22”];
  • PINETOP COUNTRY CLUB UNIT 3, a subdivision of part of Sections 1 and 12, 8 North, 23 East, Navajo County, Arizona, Lots 484 through 642 inclusive [“PCA Unit 3”];
  • PINETOP COUNTRY CLUB UNIT 4, a subdivision of part of Section 1, 8 North, 23 East, Navajo County, Arizona, Lots 1 to 138 inclusive [“PCA Unit 4”] and
  • PINETOP COUNTRY CLUB UNIT 5, a subdivision of part of Sections 1 and 2, 8 North, 23 East, Navajo County, Arizona, Lots 1 through 84 inclusive [“PCA Unit 5”] (collectively, “the subdivided property”).

2.2 Transfer of Membership
Any transfer of ownership of a lot shall operate to transfer the membership for said lot to the new owner thereof. Each purchaser or new owner of a lot shall notify the Corporation of his or her purchase within ten (10) days after he or she becomes the owner of a lot. No change in the ownership of a lot shall be effective for voting purposes unless and until the Corporation is given actual written notice of such change and is provided  satisfactory proof thereof. The Corporation shall, pursuant to Board resolution, establish and impose a fee for the transfer of title to any lot which shall be collected from the transferee at the close of escrow.

2.3 Dues
Dues for each membership shall be determined, from time to time, by the Board of Directors; provided, however, that any increase in dues shall be approved by members representing at least sixty percent (60%) of the memberships voting on the matter at a duly-held special meeting called for such purpose as is provided in the Declarations of Restrictions applicable to each member's Lot. Dues shall be due and payable on the 1st day of each fiscal year and any dues which remain unpaid as of April 1st of any such year shall be deemed delinquent and subject to an additional late fee. The late fee amount is to be determined by the Board and is limited to an amount less than or equal to the then current annual dues. This Corporation may take any action to collect delinquent dues as it deems necessary or advisable, including, but not limited to, placing a lien on the delinquent member's lot and filing a civil suit to obtain a personal judgment against a member obligated to pay same. Dues, and any attorney's fees and costs incurred by the Corporation in collecting same, shall be the personal obligation of each member and shall constitute a lien against each member's lot.

2.4 Assessments
The Board of Directors may from time to time assess, at a regular meeting of the Directors, an amount per lot as fixed by the Board over and above the amount of yearly dues as required for the operation of any facility or facilities by the Corporation for the benefit of the members and their guests, for all operating expenses of the Corporation and for any reserves deemed appropriate. Each such assessment, including any attorney's fees and costs incurred in collection of same, shall be the personal obligation of each member and shall constitute a lien against each member's lot.

2.5 Rights and Liabilities of Members
Neither members nor memberships shall have any individual or separate interest in the property or assets of the Corporation.

2.6 Non-Liability for Debts of the Corporation
The private property of the members shall be exempt from execution or other liability for the debts of the Corporation, and no member or membership shall be individually liable for or responsible for any debts or liabilities of the Corporation.

3.1 Annual meetings
The Corporation shall hold an annual meeting on the first Saturday in August of each year at a time and place determined by the Board.

3.2 Special meetings
A special meeting of the members may be called by the Board or upon the written request of members holding at least ten percent (10%) of the total eligible votes in the Corporation.

3.3 Place of Meetings
Meetings of the members shall be held within the State of Arizona.

3.4 Notice of Meetings
Notice of an annual or special meeting shall be given to each member by the Secretary of the Corporation or such other officer as may be designated by the Board no less than ten (10) nor more than fifty (50) days prior to such meeting. The notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. Notice may be given by prepaid mail to the last known address of the membership appearing on the books of the Corporation, personal delivery, or via electronic mail at the election of the Board.

3.4.1 Member Contact Information Change
Members shall provide the Corporation with written notice of any change in ownership information, mailing address or electronic mail address within ten (10) days thereof.

3.5 Quorum
The presence, in person or by proxy, of members entitled to vote forty (40) memberships shall constitute a quorum for any meeting. If a quorum is not present at any member meeting, then the only action which may be taken at the meeting is to adjourn same to such time as a quorum may be present. A meeting may be so adjourned by members representing a majority of the memberships present in person or by proxy or if no member entitled to vote is present, then the adjournment may be ordered by any officer entitled to preside at such meeting. If the adjournment is for more than thirty (30) days, a notice of the adjourned meeting shall be given to each membership entitled to vote at the meeting.

3.6 Voting Rights
Subject to the provisions of Section 3.9, each membership shall be entitled to cast one (1) vote, in person or by proxy, on any matter put to a vote of the members. In the event that a membership is held by two (2) or more persons or entities, the membership shall be joint and only one (1) vote may be cast on behalf of such membership. If any member casts a ballot for a particular membership which is jointly held, it will be conclusively presumed for all purposes that such member was acting with the authority and consent of other owners of the lot unless an objection or protest is made by same prior to the completion of the vote in which case no vote for that membership shall be counted. In the event that more than one (1) ballot is cast for a particular membership, none of said votes shall be counted.

3.7 Proxies
A member may cast his or her vote at a meeting by proxy by delivering to the Secretary of the Corporation a proxy form signed by a majority of the persons or entities who are owners of such member's lot (or by an agent, fiduciary or attorney-in-fact of such persons with written evidence that the person who signed the proxy had authority to do so). A proxy shall be valid for eleven (11) months from the date of execution. If any member disputes the validity of a proxy, the Chairman of the meeting shall rule whether the proxy complies with these bylaws and his or her ruling thereon shall be conclusive.

3.8 Majority Vote
Except in an election of directors which shall be by plurality vote or a matter in which a higher percentage is required by these Bylaws or the Declarations of Restrictions, the act of a majority of members entitled to vote and voting on any matter in which a quorum is represented shall be an act of the members.

3.9 Suspension of Voting Rights
Any member who is delinquent in the payment of his or her membership's dues or any other charges levied by the Board pursuant to these Bylaws shall be ineligible to vote. The Board may suspend the voting rights of any member who is otherwise in violation of the Declarations of Restrictions until such time as the violation is corrected after providing such member with written notice of the violation and an opportunity to be heard by the Board.

3.10 Ballots
No vote need be taken by ballot unless demanded by a) a majority of memberships entitled to vote at the meeting, either in person or by proxy, or b) the President directs that a vote be taken by ballot. If a vote is taken by ballot, each ballot shall be signed by the person voting it and if it is voted by proxy, shall give the name or names of the memberships being voted by proxy. When a vote is taken by ballot, the ballots shall be tallied by the five (5) Unit Directors or their designees. Any vote may be taken by voice vote provided that immediately after such vote, members representing at least two percent (2%) of the memberships entitled to vote may require a re-vote by raise of hands.

3.11 Business Which May be Transacted at a Members’ Meeting
Any question may be considered and acted upon at an annual meeting except as otherwise provided in these Bylaws. At a special meeting held pursuant to a notice, only those questions set forth in the notice may be acted upon.

3.12 Action without a Meeting
Any action that members may take at a meeting, including the election of directors, may be taken without a meeting if the Corporation delivers a written ballot to each member entitled to vote on the matter. Written ballots shall: set forth each proposed action; provide an opportunity to vote for or against each proposed action (other than election of directors); state the number of responses needed to meet the quorum requirement; state the percentage of approvals necessary to approve each action other than for an election of directors; and set forth the time by which the ballot must be delivered to the Corporation in order to be counted, which time shall not be less than three (3) days after the ballot is delivered.

4.1 Number of Directors
The Board of Directors shall consist of an odd-number of no less than (3) three nor more than twentyfive (25) members. Not less than sixty (60) days prior to an annual meeting of the members, the Board may increase or decrease the number of directors consistent with this Section except that no decrease in the number of directors shall serve to shorten the term of an incumbent director.

4.2 Qualifications of Directors
A person may serve as a director if he is at least eighteen (18) years old and is one of the following:

  1. a member eligible to vote in the Corporation;
  2. the spouse of a member eligible to vote in the Corporation or someone sharing a common household with a member eligible to vote in the Corporation; or
  3. if a membership is held by a Corporation, partnership or trust, an officer, director, partner, agent, trustee or beneficiary thereof.

4.3 Election of Directors
The directors of the Corporation shall be elected at the annual meeting of the members. At each such election, members or their proxies may cast, with respect to each vacancy, as many votes as they are entitled to exercise under these Bylaws. The persons receiving the largest number of votes shall be elected as directors.

4.4 Term of Directors
Each director shall serve in office for a one (1) year term and until his successor is elected and qualified, or until his death, resignation or removal, which term shall commence following the director's election at the annual meeting.

4.5 Vacancies on the Board
A vacancy in the Board of Directors caused by any reason other than the expiration of a director's term shall be filled by the majority vote of the remaining directors, though less than a quorum, and each person so appointed shall hold office for the unexpired term of his or her predecessor.

4.6 Removal of Directors
A director may be removed from the Board of Directors by a vote of the members at a special meeting called for such purpose. If a director is absent for three (3) or more consecutive meetings of the Board, such director may be removed by a majority of the directors then in office without a vote of the membership.

5.1 Regular Meeting
There shall be at least five (5) regular meetings of the Board during each fiscal year, one of which shall be held immediately following the annual meeting of members for the purpose of organization, election of officers and the transaction of any other business which may come before it.

5.2 Special Meetings
Special meetings of the Board of Directors may be called for any purpose or purposes by the President or by any two directors.

5.3 Notice of Meetings
Except for the regular meeting of the Board immediately following the annual meeting of members which shall require no notice other than that provided in these Bylaws, written notice of the date, time and place of each Board meeting shall be given by the Secretary to each director at least two (2) days prior to such meeting by personal delivery, prepaid first class mail, or electronic means.

5.4 Quorum
At all meetings of the Board, the presence of a majority of the actual number of directors in office in person, via speakerphone, or via video-conferencing shall constitute a quorum for the transaction of business. The act of a majority of directors voting on any matter at a duly held meeting shall be an act of the Corporation.

5.5 Action without a Meeting
Any action that may be taken by the Board of Directors at a meeting may be taken without a meeting if all directors consent to such action in writing.

6.1 Officers
The officers of the Corporation shall be President, Vice-President, Secretary and Treasurer and such other offices as the Board may, by resolution, create. The same individual may simultaneously hold more than one (1) office other than that of President and Secretary or President and Treasurer.

6.2 Election and Tenure of Officers
The officers of the Corporation shall be elected by the Board from among its members at its annual meeting. Officers shall serve at the pleasure of the Board.

6.3 Duties of Officers
President: The President is the chief executive officer of the Corporation and performs all the duties thereof including, but not limited to, presiding at all meetings of the members and all meetings of the Board and exercising the general powers and duties of management usually vested in the office of the president of a Corporation.

Vice President: The Vice President shall perform the duties of the President in the event of his or her
absence or disability and shall perform such other duties as the Board may direct.

Secretary: The Secretary shall be responsible for the following:

  1. Keeping the Minutes of each meeting of the Board of Directors and the membership and maintaining the following records:

    a. The time and place of each meeting, whether it was a regular or special meeting and, if
    special, how it was authorized;

    b. Written documents calling for a meeting and meeting notices;

    c. Records with respect to the delivery or other dissemination of meeting notices;

    d. The number of proxies exercised at each annual meeting and the proxies themselves;

    e. A roll of those present or represented at meetings; and

    f. A tally of votes for each matter voted on by the members;

  2. Maintaining membership records reflecting the following:

    a. The lot or adjacent lots giving rise to each membership;

    b. The name or names of members who are the owners of each membership;

    c. The physical mailing address and electronic mailing address of each membership;

  3. Giving notice of meetings of members and the Board of Directors;
  4. At the expiration of his or her term, surrendering all books, monies, papers and property to his or her successor; and
  5. Such other duties as may be prescribed by the Board of Directors.

Treasurer: The Treasurer shall serve as the custodian of all Corporation funds. It shall be the responsibility of the Treasurer to do the following:

  1. Deposit corporate funds in one or more corporate bank accounts;
  2. Keep and maintain or cause to be kept and maintain current financial institution signature cards, adequate and correct accounts of the properties and business transactions of the Corporation, including accounts of the assets, liabilities, receipts, disbursements, gains and losses;
  3. Deposit all monies and other valuables in the name of and to the credit of the Corporation with such depositories as may be designated by the Board of Directors;
  4. Disburse the funds of the Corporation as may be ordered by the Board of Directors and maintains records of said disbursements;
  5. Render accounts of all of his or her transactions as Treasurer and of the financial condition of the Corporation to the Directors or members as required by them;
  6. Submit the books for audit if requested by the Board of Directors;
  7. File the annual report with the Arizona Corporation Commission in a timely fashion and pay all fees associated therewith;
  8. On expiration of his or her term, deliver all books, papers, money or property of the Corporation to his or her successor;
  9. Perform such other duties as may be prescribed by the Board of Directors; and
  10. Give a bond insuring proper performance of his or her duties, at the Corporation's expense, if requested by the Board.

6.4 Unit Directors
The Board of Directors shall appoint one (1) member from each Unit to act as a Unit Director and who shall serve at the Board's pleasure and for such term as the Board directs. The duties of a Unit Director shall include, but are not limited to, the following:

  1. Monitor and identify CC&R and Bylaws violations within their Unit;
  2. Send letters for CC&R and Bylaws violations to the property owner with copy to the Association clerk;
  3. Maintain records of current CC&R and Bylaws violations and update the clerk, IRC and/or Board as directed;
    Perform the following for members in their Unit:
  4. Receive and process building permit applications and plans for consideration with the IRC;
  5. Follow-up with applicant regarding IRC decisions on their permit application;
  6. Work with applicant regarding changes needed for permit approval by IRC;
  7. Provide copy of approved permit to applicant/post approved permit in clear view on job site;
  8. Monitor and inspect the approved building site to verify construction is in conformance with approved plans;
  9. Communicate with members as directed by the Board or IRC; and
  10. Attend all board meetings and the annual meeting.

6.5 Committees
The Corporation may have a standing committee known as the Improvements and Restrictions Committee (“IRC”) and such other committees as the Board, by resolution, may create. The IRC shall consist of two (2) or more members/directors (plus the applicable Unit Director) appointed by the Board and who shall serve at the Board's pleasure and for such terms as the Board directs. The IRC shall act on behalf of, and with, the authority of the Corporation and the Board with respect to granting or denying approval of any proposed alteration or improvement on a member's lot and enforcing the CC&R's and Rules as directed by the Board.

6.6 Administration
The Corporation may, from time to time, enter into a contract with one or more persons or companies to perform such administrative duties as the Board shall direct. Any administrative function may be delegated to such administrative personnel upon the approval of the President and/or the Board of Directors.

7.1 Chairman Pro Tem
If the President and Vice President are absent from any members’ or Board meeting, the members or directors present may elect a Chairman Pro Tem who shall preside at the meeting and exercise the same powers as the President or Vice President.

7.2 Parliamentary Rules
Robert’s Rules of Order shall be used to resolve any disputes as to parliamentary procedure at any members’ or Board meeting.

7.3 Amendments
The authority to adopt, repeal and amend these Bylaws is hereby delegated to the Board of Directors; provided, however, that the Board of Directors shall not have the power to amend the Bylaws to reduce the number of directors to less than three (3). The decision of the Board of Directors on adoption, amendment or repeal of these Bylaws may be overruled upon the affirmative vote of members representing at least two-thirds (2/3) of the total eligible votes in the Corporation at a duly-held meeting called for such purpose.

7.4 Fiscal Year
The fiscal year of the Corporation shall be the 1st (first) day of January until the 31st (thirty first) day of December of each year.

7.5 Rules and Regulations
The Board of Directors shall have the right and power to adopt rules, regulations, policies and procedures (“Rules”) concerning:

  1. the use of any facility or facilities owned or operated by the Corporation;
  2. the manner of noticing and collecting dues, assessments and other charges; and
  3. the manner of enforcing the CC&R's.

7.6 Monetary Penalties
The Board of Directors may impose reasonable monetary penalties against a member for violations of the CC&R's or Rules after providing such member with written notice of the violation and an opportunity to be heard by the Board of Directors. The failure to pay monetary penalties shall be treated in the same manner as delinquent dues.

7.7 Attorney's Fees
If a member fails to comply with a written request by the Corporation to bring his or her lot into compliance with the CC&R's or Rules and the Corporation retains an attorney in an effort to bring about such compliance, the breaching member shall be obligated to pay the attorney's fees and costs thereby incurred by the Corporation and failure to pay such amounts shall be treated in the same manner as delinquent dues.

7.8 Common Area
On behalf of the Corporation, the Board may purchase, lease, sublease or accept a donation of any portion of the real property (improved or unimproved) and contract for the construction of such recreational facility or facilities thereon to enhance the beauty and usefulness of the subdivided property; provided, however, that such measures have been approved by the vote of members representing at least two-thirds (2/3) of the total eligible votes in the Corporation at a duly-held meeting called for such purpose.

7.9 Conflicts
In the event of any conflict or inconsistency between the provisions of the Declarations of Restrictions and these Bylaws, the Declarations of Restrictions shall control. In the event of any conflict between the Corporation's Articles of Incorporation and these Bylaws, the Articles of Incorporation shall control. If any provision of these Bylaws is inconsistent with Arizona law, then such provision shall be interpreted in a manner to conform therewith.

7.10 Inspection of Corporate Records
Subject to the limitations set forth in Arizona Revised Statute §10-11602, the books and records of the Corporation shall at all times, during reasonable business hours, be subject to inspection by any member. Copies of such books, records, papers and documents may be obtained by any member at a reasonable cost upon written request.

These AMENDED AND RESTATED BYLAWS 2013 were adopted by the Board of Directors at a duly-held meeting on the 20th day of June, 2013.

Rules & Policies

Rules, Policy & Fine Schedule
Effective September 16th, 2021

Download PDF Version

Pursuant to Article 7, Section 7.5 of the Pinetop Community Association Amended and Restated Bylaws 2013, the Board of Directors adopts the following Rules:

1.1 Firewise Maintenance/Fire Prevention

Firewise maintenance*, as indicated below, shall be performed on each lot at least one time per year for developed lots and undeveloped lots. Firewise maintenance shall require the following:

  1. Remove all dead or dying vegetation.
  2. Trim tree canopies regularly to keep their branches a minimum of ten (10) feet above any roof or other structure.
  3. Remove leaf litter, dry leaves, pine cones and needles from yards, roofs and rain gutters.
  4. Relocate woodpiles or other combustible materials to thirty (30) feet from any structure in Units 3,4 and 5, and ten (10) feet in Units 1, 2 and 22.
  5. Remove combustible material and vegetation from around and under decks. Consider enclosing ground level deck with lattice and/or small meshscreening.
  6. Remove or prune vegetation near windows.
  7. Remove “ladder fuels” (low-level vegetation, dead trees/leaning trees, closely spaced and small diameter trees, and fallen branches that allow the fire to spread from the ground to the tree canopy).
  8. Remove and destroy all infested, diseased and dead trees.
  9. Provide adequate hydration.
  10. Develop and maintain a “defensible space” relative to structures and the adjacent forest area. This is a cooperative effort on the part of adjacent property owners and thereby extends throughout our Association and the community. “Defensible space” is the required space between a structure and the wild land area that, under normal conditions, creates a sufficient buffer to slow or halt the spread of wildfire to a structure. It protects the home from igniting due to direct flame or radiant heat. Defensible space is essential for structure survivability during wildfire conditions. The defensible space extends beyond property lines.

*If an owner fails to perform Firewise maintenance after receiving written notice by the Association to do so, the Association may perform such maintenance at the owner's expense.

1.2 Single-family Dwellings

All lots are restricted to a single-family dwelling for residential use only.

1.2A Quiet Hour Rule

Pursuant to the CC&R’s, which prohibit any use of property that unreasonably disturbs other residents, quiet hours have been established between 10:00 pm and 7:00 am. During quiet hours, owners must ensure that no noise creates a disturbance to other residents including, but not limited to: large gatherings, music, construction activities, and barking dogs. If there is more than one complaint against a lot for a violation of quiet hours, the Association will give the breaching owner written notice of the violations and a date for a hearing before the Board of Directors. At the hearing, the Board may impose a fine against the owner of $250.00. Owners should inform their tenants of this rule, as owners are responsible for any violations of quiet hours by their tenants.

1.3 Approval of Construction/Improvement Plans

All new buildings, other structures, and improvements to the exterior of a lot, and any changes thereto (including, but not limited to, fencing, walls, and plantings exceeding 4 ft in height) require an Association Building Permit. It is the owner’s responsibility to submit plans to PCA for approval before any site work begins or installation/changes are made. Property improvements which are totally interior to the structure and do not change any exterior elevation view or the footprint of the structure on the property do not require Association approval or review.

A permit request form is available through each Unit Director, the Association Clerk or the Association's website under the “Our Association” menu selection. Owners are reminded that we are a mountain community and therefore, the Association intends to discourage, and has the right to prohibit, the construction of any residence or other structure not compatible with the natural forest setting or the view from adjacent parcels.

The Association permits must be prominently displayed on the lot within view of the street during the construction period. Construction and/or improvement related debris must be appropriately contained in a waste container/trailer or removed daily and not allowed to accumulate on the job site property or any adjacent lots.

1.4 Home Business Use

Each lot shall be used for residential purposes only; provided, however, that a resident may perform a home occupation or workshop (“Activity”) if it complies with all the following:

  1. The existence or operation of the Activity is not apparent by sound, sight or smell from outside of the lot;
  2. The Activity conforms to all zoning requirements for the lot;
  3. The Activity does not involve frequent or annoying traffic by persons coming on the property who do not reside therein or door-to-door solicitation of residents in the subdivision;
  4. The Activity is consistent with the residential character of the subdivision and does not constitute a nuisance or hazard, nor threaten the security, safety or well-being of other residents of the subdivision; and
  5. The Activity does not involve heavy equipment or machinery, manufacturing, drilling, burning, or conversion of any garage into a business office or room.

Yard sales may be held on a lot no more than one (1) time per year.

1.5 Prohibited Parking or Storage

No equipment may be stored on any lot which is visible to neighboring properties or the street. Equipment includes utility trailers, boat trailers or any other seasonal equipment (such as ATV’s, and snowmobiles) except that one (1) camping or boat trailer may be parked on a lot in Units 1, 2 and 22 if it is not detrimental to the appearance of the property.

Recreational vehicles (referred to as “house trailers” front and back in the CC&R’s) may not be stored on any lot except in an enclosed garage with the following exceptions: (1) Residents may park their recreational vehicles on their driveways temporarily (for a period not to exceed seventy-two (72) hours) for the purpose of loading/unloading: and (2) Guests of an owner or resident may park a recreational vehicle on the driveway for a period not to exceed fourteen (14) days or as may otherwise be approved by the Board upon the owner’s submission of a short-term parking permit request.

1.6 Trash, Refuse Containers and Propane Tanks

All trash, rubbish and debris shall be kept in sanitary containers and regularly removed from the lot. Propane tanks must be screened using an esthetically pleasing non-combustible product to conceal the tank from neighboring lots and the street. Refuse containers shall be shielded from view of neighboring lots and the street except when placed out for collection and then only for such time reasonably necessary to affect such collection to avoid attracting bears or interfering with snow clearing road equipment.

1.7 Pets

Ordinary domestic pet fowls, animals or game birds may be kept on a lot.

1.8 Exterior Lighting

All exterior lighting shall be designed and installed so as not to beam/reflect/ penetrate onto other parcels or into other dwellings creating a disturbance or nuisance. Motion activated lighting and/or flood lights must have reflector shields or be so modified as to prevent side-scatter beams. Motion activated lighting must be adjusted so that it cannot be turned on by movement beyond the lot lines on which the lighting system is installed.

Pursuant to Article 7, Section 7.5 of the Pinetop Community Association Amended and Restated Bylaws 2013, the Board of Directors adopts the following Enforcement Policy.

This Policy is intended to serve as a guideline for the Association with respect to general enforcement matters. Nothing contained in this Policy shall be interpreted as prohibiting the Association from employing procedures other than those outlined herein or referring an enforcement matter to legal counsel. The Board, in its sole discretion, may at any time determine that the nature of the violation warrants such action. Owners shall be responsible for the attorney's fees and costs incurred by the Association with respect to enforcement matters pursuant to Article 7, Section 7.7 of the Amended and Restated 2013 Bylaws.

2.1 Reminder Notice

If a Unit Director, Board member or other Association representative observes a CC&R or Rules violation on an owner's lot, the Association shall provide the breaching owner with a written Reminder Notice informing the owner of the violation(s) of the CC&R's and/or Rules and requesting that the violation(s) be corrected by a date that is no less than ten (10) business days from the date of the Reminder Notice.

2.2 Notice of Violation

If the breaching owner fails to correct the violation(s) by the date set forth in the Reminder Notice, the Association shall provide such owner with a written Notice of Violation which shall set forth the violation(s), inform him or her that fines may be imposed for the violation(s) and that his or her right to vote may be suspended, and providing notice of the breaching owner's right to be heard by the Board before any fine is imposed or voting rights suspended. If no hearing date is included in the Notice of Violation, the owner shall be responsible for notifying the Association in writing if he or she requests a hearing and if no written request is made, his or her right to a hearing prior to the imposition of fines and/or suspension of voting rights shall be deemed waived.

2.3 Notice of Hearing

If no hearing date has been set in the Notice of Violation and the breaching owner makes a written request for a hearing, the Association shall send the breaching owner a Notice of Hearing which shall include the date, time and place of the hearing which shall be no less than fifteen (15) days from the date of the Notice of Hearing.

2.4 Hearing

At a violation hearing before the Board, the breaching owner (or his or her designated representative) shall be permitted to present evidence and witnesses on his or her behalf.

2.5 Fines

In determining whether to impose fines, the Board of Directors may consider any or all the following:

  1. seriousness of the violation(s);
  2. effect of the violation(s) on other residents;
  3. owner's previous violation(s);
  4. whether the owner is making good faith efforts to abate the violation(s); and
  5. any other consideration deemed relevant by the Board.

Fines shall be imposed per the Fine Schedule (included herein) and may be imposed on a recurring basis for continuing violations; provided, however, that the Board reserves the right to waive the imposition of any fine if it determines that the owner is making good faith attempts to correct the violation(s).

2.6 Notice of Fine and /or Suspension of Voting Rights

If the Board imposes a fine against and/or suspends the voting rights of a breaching owner, the Association shall provide such owner with written notice of same and the date by which any fine imposed shall be paid. A fine which remains unpaid fifteen (15) or more days after the due date shall be delinquent and subject to a late fee of $15 or ten percent (10%) of the unpaid fine, whichever is greater. Collection of delinquent fines may be enforced by seeking a personal judgment against the owner and/or recording a lien against the owner's property. Payment of a fine does not constitute a variance for a violation and all violations must be corrected regardless of whether the fine is paid.

2.7 Tenants and Guests

Owners are responsible for violations of the CC&R's and Rules by their invitees, tenants and guests. Any notice sent by the Association to an owner in conformance with this Policy may also be sent to the tenant(s) residing at the property address at the discretion of the Association.

2.8 Notices

Any notice sent by the Association pursuant to this Policy shall be sent to the owner's address on record with the Association by U.S. mail, postage prepaid, or by certified mail, or both, at the discretion of the Association. Members are reminded that, under Section 3.4.1 of the Amended and Restated 2013 Bylaws, changes to their mailing and/or electronic email address are to be provided to the Association within ten (10) days of any such change.

Pursuant to Article 7, Section 7.6 of the Pinetop Community Association Amended and Restated Bylaws 2013, the Board of Directors adopts the following Fine Schedule.

All fines are per occurrence unless otherwise specified.

VIOLATION FINE CONTINUING FINE
Accumulation of Debris $25 $10/every 30 days
Construction/Improvements
without Association Approval
$250 and a Stop Work Notice -
Late Annual Dues Fee –
If annual dues are not paid by
April 1st
25 % of the current year dues by
BoD resolution.
Per Amended & Restated 2013
Bylaws Section 2.3 the
maximum permitted fee is
100% of the current year annual
dues.
-
Exterior Lighting $50 -
Parking/ Storage of Prohibited
Equipment, Vehicles, Trailers
and RV's
$200-$500 Amount of fine will
continue every 30 days.
Pet Violations $100 -
Refuse Containers $25 -
Unapproved Antennas/Signs $25 $10/every 30 days
  • Annual Dues Changed From $24 to $40 – Special Member Meeting, August 6,
  • Transfer Fee is $400 per Board of Directors Regular Meeting, September 21, 2013.

The Board of Directors of Pinetop Community Association adopts the following policy for collection of annual dues, monetary penalties and any other amounts due to the Association (“Dues and Assessments”) pursuant to Section 2.3 of the Pinetop Community Association Amended and Restated Bylaws 2013.

5.1 Late Fee

Dues and Assessments that remain unpaid ninety (90) days after due dates shall be subject to a late fee of $40.00.

5.2 Second Notice

Upon imposition of a late fee for unpaid Dues and Assessments, the Association will provide the delinquent owner with written notice of the total amount due and provide an additional thirty (30) days to bring the account current.

5.3 Lien/Small Claims Action

If Dues and Assessments remain unpaid thirty (30) days after the Second Notice, a lien will be recorded against the Lot and the Association may file an action in small claims court to obtain a judgment against the owner.

5.4 Attorney's Fees and Costs

All attorney's fees and costs incurred by the Association in recording the lien and/or filing an action in small claims court will be added to the owner's account ledger.

Policies

MODIFIED Collection Policy 2017 (Approved for 2018) December 7, 2017

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BoD Collection Policy and Bylaws Changes

At the December 7th BoD meeting, directors voted to adopt a more aggressive “Late Dues” and unpaid invoice collection policy. Starting in 2018 Annual Assessments will be considered late if not paid before March 1st (was April 1st) and delinquent if not paid before April 1st. A major change is to refer unpaid delinquent accounts to our legal counsel for collection which will add a minimum of $125 to the late dues total of $80 if not paid before April 1st. The full policy appears in the Rules and Regulations section on the website under “5 Collection Policy 2017”.

AVOID the Late Fee and additional cost...Pay your dues when the invoice arrives.

MODIFIED Collection Policy 2017 (adopted for 2018) by PCA BoD

The Board of Directors of Pinetop Community Association adopts the following policy for collection of annual dues, monetary penalties and any other amounts due to the Association (“Dues and Assessments”) pursuant to Section 2.3 of the Amended and Restated Bylaws.

  1. Late Fee: Dues and Assessments that are not paid before March 1st shall be subject to a past due late fee of $40.00 (Forty Dollars).

  2. Delinquent Notice: Upon imposition of a Late Fee for unpaid Dues and Assessments, the Association shall provide the delinquent owner with written notice of the total amount due before April 1st to bring the account current.

  3. Referral to Legal Counsel for Collection: If the Dues and Assessments plus Late Fee is not paid before May 1st the account shall be referred to Association's legal counsel for collection action, including, but not limited to, the recording of a Notice and Claim of Lien. Any attorney's fee and cost incurred by the Association in collecting unpaid Dues and Assessments plus the Late Fee shall be the responsibility of the delinquent owner.

  4. File Small Claims: If an owner's account remains unpaid after the recording of a Notice and Claim of Lien, the Association may file a Small Claims action in Pinetop/Lakeside Justice Court to collect the unpaid Dues and Assessments plus Late Fee, the attorney's fees and cost incurred in collecting such amounts.

Tax-Exempt Status

Tax-Exempt Status under Internal Revenue Code (IRC) Section 501(c)(4) as determined in April 1976 and affirmed June 22, 2016;

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