The construction of the community known as Mountain Pines Estates (MPE) began in 1984 with the building of the first townhomes on Spruce Circle. Shortly thereafter, additional units were built on Oak Circle. In March of that year, MPE formulated an agreement with Pinetop Lakes Association. For an advancement of MPE funds to PLA, the recreational facility began construction. MPE was granted to have access to the facility for all MPE homeowners. Voting membership in the PLA was not granted to MPE. Later that year, MPE incorporated and in July, CC&R’s were drafted and put in place.

Spruce units were completed and Oak Circle units began construction, (Phase I), all while a S&L crisis began to develop across the Nation (and in Arizona). Due to the S&L crisis (1980’s), further construction was delayed for more than a decade. As time moved along, one unit (#37/37) was built and sold (1992) on the newly opened Juniper Circle. MPE Phase II was underway). That was followed (1998) by a spec unit being built by Frank Smith Realty (unit #35/#36). The original builder of all these units to date decided to get out and thus, another builder came into
fruition. New units were built on Juniper Circle and, then development of Ponderosa Circle occurred.

The building developers built townhomes surrounded by common area. Everything outside the building envelop, that is, the common area, was covered with cinders and all the vegetation was natural trees and shrubs. The driveways, walkways up to the front door, were all originally covered with cinders. There were no deck extensions into the common area (beyond the building envelop).

In June (1999), the first ever amendment to the original CC&R’s was passed by the MPE homeowners. As the buildings were now 15 years and aging further, the amendment addressed that the HOA had responsibility for maintenance of the buildings and common area grounds. The rationale was bringing consistent upkeep responsibility to the HOA thereby increasing its value.

A complete rewrite of the existing CC&R’s took place 11/2016. The existing CC&R’s were thought to be legal written confusing, thus an undertaking to simplify the verbiage took place. Wendy Ehlich (Tucson HOA lawyer) led the rewrite while the present Board assisted. The original Covenants, Conditions, and Restrictions (CCRs) of MPE and the rewrite state that the common area is owned by the Homeowners Association. Therefore, changes that have been built outside the actual building envelop are in violation of the CCRs.

In May, 2021, the 1st amendment to re-written CC&R’s was passed addressing rentals. Wendy Ehlich again drove that change with existing Board support.

The 2nd amendment to the rewritten CCRs took place 7/12/23 where homeowners could extend their deck or add other improvements in the common area.