C&R & By-Laws
Whether a current HOA resident or just looking to purchase a home in the neighborhood you should become familiar with the Governing Documents of the Monticello Home Owners Association. These documents govern the administration of the HOA and all members and residents of the association are subject to their provisions. Links to the governing documents are below but key provisions are summarized here. Should this summary conflict in any way with the details in the governing documents then those documents supersede any notes on this page.
Responsibilities of HOA members
- Members are required to pay annual dues or special assessments as levied by the board. Fines and interest accrue for non payment and members may be subject to liens, foreclosure, or other legal remedies.
- Lots may only be used for single family residential purposes and no more than 2 household pets may be kept on any lot.
- Homeowners are required to keep up the external appearance of their home, fencing, and landscaping. Trash should only be left out on scheduled pickup days and bins promptly removed from the street.
- Overnight parking on the street is not allowed. Parking of boats, trailers, mobile homes, and inoperable vehicles is not permitted unless in approved enclosed structures. Exceptions can be made on a case by case basis so contact the board if you need to, for example, temporarily park as RV for a night as you prep for vacation.
- Before beginning any construction, roof replacement, or other external change in home appearance the homeowner must submit plans for approval by the ACC. Landscaping changes are excluded but, when in doubt, homeowners should ask the board or ACC.
Rights of HOA Members
- Members have the right to elect board members to vacant positions at the annual meeting subject only to the quorum restrictions outlined in the governing documents and the limitations on the number of board members allowed.
- Members have the right to use the amenities and common areas of the association subject only to the restrictions posted either on site or in the governing documents or as periodically announced by the board.
- Members have the right to examine the books of the association provided reasonable notice is given to the board and to attend board meetings except in so far as the board is meeting in executive session. In such cases, summaries of the executive session will br provided in the posted minutes of the regular meeting.
Somethings require a vote of the HOA Membership
- The board may increase annual dues year over year but needs an affirmative vote of 51% of the members to increase by more than 10% over the previous year.
- The board may levy a special assessment with the affirmative vote of 60% of the members. If a quorum is not present in person or by proxy and a subsequent meeting is required then only 51% of the members need to vote in the affirmative.
- The board may borrow money for the purpose of improving the common area but cannot mortgage the common area as security for the loan without an affirmative vote of 75% of the members.
- The C&Rs may not be changed without an affirmative vote of 66 2/3% of the members. The By Laws may not be changed without an affirmative vote of 51% of a quorum of members voting in person or by proxy.
Duties of the HOA Board
- Provide members with notice of all board, annual, or special assessment meetings and ensure they are conducted and documented according to the rules of the association.
- Elect the officers of the board - president, vice-president, secretary, and treasurer - and appoint board members to handle other duties as needed.
- Act on behalf of the membership as regards contracts and other official documents. Keep the books of the organization and disburse funds as required.
- Adopt and publish rules governing use of the the common area and fairly and consistently enforce, as permitted by Texas law and within the boundaries of the governing documents, those rules as well as the provisions of the C&Rs and By-Laws. Where the governing documents are vague or inconsistent, consult with the HOA attorney for clarification on meaning and enforceability.
- Appoint committees such as ACC, Arbor, and C&R review to assist the board on specific projects.
- Fix the amount of annual or special assessment and ensure collection of same.
| Articles of Incorporation | Covenants and Restrictions | By-Laws |
| Articles of Incorporation April 27, 1987 | 2nd Amendment of C&Rs January 1, 2008 | 2021 By-Laws Amendment January 13, 2021 |
| 1st Amendment of C&Rs March 12, 2001 | 2008 By-Laws Amendment June 24, 2008 | |
| Declaration of C&Rs December 4, 1995 | 2002 By-Laws Amendment February 5, 2002 | |
| 1992 By-Laws February 6, 1992 |
Potomac Pond January 2015 - facing east. Let this be your serenity moment as you read the governing documents of our association.
