Rules & Regulations

Rules, Enforcement Policy & Fine Schedule
Adopted June 20, 2013; Annual Dues & Transfer Fee; Collection Policy 2017, Revision C: January 21, 2017

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Pinetop Community Association
Rules, Enforcement Policy and Fine Schedule –Adopted June 20, 2013,
Revision C – January 21, 2017

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 once every other year for 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 ten (10) feet from any structure.
  5. Remove combustible material and vegetation from around and under decks. Consider enclosing and ground level deck with lattice and/or small mesh screening
  6. Remove or prune vegetation near windows.
  7. Remove “ladder fuels” (low-level vegetation, dead trees/leaners, 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. It becomes a neighbor by neighbor partnership which is treated differently for the smaller lot sizes in Units 1, 2 and 22 and the larger lot sizes in Units 3, 4 and 5. “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 or the costs shall be a lien against the owner's lot.

1.2 Single-family Dwellings
All lots are restricted to a single-family dwelling for residential use only. Separate guest quarters without cooking facilities may be constructed provided the setback requirements for the unit can still be met and formal approval of the project has been granted by both the County and the Association. No temporary house trailer, enclosed trailer, tent or other out building shall be placed or erected on any lot unless used in connection with the construction/remodeling of a residence and then only for a period of no more than six months.

1.3 Approval of Construction/Improvement Plans
All new construction on a lot and exterior lot improvements require both a Navajo County and an Association Building Permit. It is the owner’s responsibility to submit plans to both entities 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 and County building 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, inoperable vehicle, utility trailer or recreational vehicle shall be stored (except in an enclosed garage) or parked on any lot unless immediately adjacent to the side of the structure and completely shielded from the view of neighboring lots and the street. Boats, boat trailers, ATV's, trailers for transporting ATVs, snowmobiles, snowmobile trailers, and any other seasonal equipment/vehicles, shall not be parked or stored on Association member property during off-season months. (CC&Rs for Units 1, 2 and 22 have exceptions.) Owners may park their recreational vehicles on their driveways for a period not to exceed seventy-two (72) hours for loading/unloading. An owner's guest may park a recreational vehicle on the owner's 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 so long as such pets do not make objectionable noises and are not kept in such number or manner as to otherwise cause a nuisance, health issues, or inconvenience to any residents within the Association and are kept in compliance with all applicable county ordinances.

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 sidescatter beams. Motion activated lighting must be adjusted so that is not be turned on by movement beyond the lot lines on which the lighting system is installed.

1.9 Fences
Fence styles and materials are subject to review and approval by the IRC/Board of Directors as specified in the CC&R building/improvement permit approval process. Fences must be open design unless the purpose is screening in which case a closed design is allowed. Metal posts are acceptable. Maximum fence heights are 5 feet unless prescribed otherwise in the CC&Rs. Metal fences not permitted by the Association are: uncoated chain link, barbed wire, chicken wire and solid metal.

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/day
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 $10/day
Other as determined by BoD $50 9/21/2013 BoD Vote -
Pet Violations $100 -
Refuse Containers $25 -
Unapproved Antennas/Signs $25 $5/day

Annual Dues Changed From $24 to $40 – Special Member Meeting, August 6, 2011.

Transfer Fee Changed From $400 plus $50 Inspection Fee to $450 Transfer Fee, Board of Directors Regular Meeting, September 17, 2011.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.

This Board of Directors approved this policy via electronic mail on November 22, 2016.

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 File Small Claims
If unpaid after thirty (30 days), the Association will file a Small Claim Complaint with Pinetop/Lakeside Justice Court, to include a Processing Fee of $40.00, plus Court Costs, plus Postage. Wait for judgment from Justice Court Judge. (Approximately 60 days from filing).

5.4 Filing of Lien
If an owner remains delinquent for the above period of sixty (60) days, the Association may file a lien against the owner’s property with Navajo County. Processing Fee of $40.00 will be added to the lien, plus a filing fee of $10.00.

5.5 Processing Fees and Costs
All processing fees and costs incurred by the Association in collecting delinquent Dues and Assessments are the responsibility of the delinquent owner and shall be applied to the delinquent owner’s account ledger and included in the Association’s lien against the delinquent owner’s property.

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 $25 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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