The next board meeting has been changed from January 17th to January 24th.
Property owners are responsible for informing all guests and tenants of rules applying to all aspects of residence in Monticello and owners shall be held responsible for any violation of same. Owners are required to furnish tenants with copies of the CC&R’s, bylaws and rules and regulations.
For Sale, Rent or Lease signs shall not be more than 18” x 24” inclusive of all designation such as “Shown By Appointment Only,” “Open House,” etc., and shall be placed in front planter area or front or side window and on the garage door. One sign only advertising Open House will be permitted in the Common Area for each property listed. Small arrow signs will be permitted in the Common Areas directing people to the open house but must be removed once the open house is completed. No “Sold By,” or “Leased By” designations following sale, lease or rental of property are permitted.
No individual garage sales are to be held within Monticello. The Association will hold community garage sale days periodically throughout the year (every 3-6 months). Information will be published in advance. Any requests for exceptions must be submitted to the Board, in writing, for consideration at a regular Board Meeting. Board approval is also required prior to holding an estate sale in the community.
For the health and safety of all residents and protection of the property, smoking is prohibited in all common areas of Monticello. This includes, but is not limited to, landscaped areas/lawns, walkways, 3. parking areas, recreational facilities, pool areas and the clubhouse. Smoking is also prohibited in owners’ patios, yards and balconies.
Smoking is only permitted inside owners’ dwelling units. However, residents must prevent smoke, fumes, or other products/by-products of smoking from exiting/escaping the residence into the common area or any neighboring residence, by air filtration systems, closing windows/doors, weather proofing window and door seals, or other such measures or devices. Smoking inside an owner’s residence may still be found to create a nuisance, in the discretion of the Board, if such smoking, fumes or other products/by-products thereof unreasonably interferes with any resident’s quiet use and enjoyment of the community. (CC&Rs Section 8.3)
“Smoking,” for purposes of this rule, is defined as the inhaling, exhaling, burning, or carrying of any lighted cigarette, electronic cigarette (or e-cigarette), cigar, pipe, personal vaporizer, or any other smoking/incendiary device that produces or expels smoke or vapor from a tobacco product, cannabis/marijuana, or other legal or illegal substance.
The primary objective of this Compliance Policy is to promote and seek voluntary compliance by owners and residents with the Association’s Governing Documents, and, if necessary, obtain an owner’s compliance should the owner fail or refuse to comply voluntarily. The term Governing Documents as used in this Policy includes the Association’s Rules and Regulations, Architectural Guidelines, Bylaws, Articles of Incorporation, and recorded Declaration of Covenants, Conditions, and Restrictions, all as amended and supplemented from time to time, and any other policies, rules, and procedures the Board adopts. The Association may, in its discretion, pursue any one or combination of remedies in any order, including proceeding with fine proceedings, suspension of privileges, implementing correction of the violation when authorized by the Governing Documents or California law, vehicle tow-away, alternative dispute resolution, legal action, or any other authorized remedy if the Board determines such action is appropriate. All available remedies are cumulative and not exclusive.
A report of an alleged violation of the Association's Governing Documents may be submitted to the Association's management company by any owner, including any owner serving on the Board or an Association Committee, or by management, or an Association vendor. The Board, in its discretion, also may consider a report of a violation received from any other person. Such a report shall constitute a "complaint" and should, preferably, be in writing. The complaint should clearly state the facts and circumstances describing the alleged violation. Enforcement action also may be taken as a result of an oral report (presented by telephone or in person), which shall be documented in the file for future reference; provided, however, the Association, in its discretion may refuse to take action based upon only an oral (non-written) report.
A courtesy letter may be sent by management requesting the owner and/or resident’s voluntary cooperation. Such notice shall describe the noncomplying condition and request that the owner and/or resident correct the condition within a reasonable time specified in the notice.
If an initial courtesy letter is sent and the owner and/or resident does not correct the violation, or if the Board determines, in its discretion, to proceed with a hearing violation letter as the first notice, the Board may impose a monetary penalty (fine), suspend membership privileges, and/or determine to implement corrective maintenance when authorized by the Governing Documents or California law and thereafter charge the owner for the costs incurred, after the owner is provided notice of an opportunity to attend a hearing on the matter.
The following procedures shall apply to hearing proceedings: (i) not less than ten (10) days notice of the hearing date shall be provided; (ii) notice shall be mailed (via first-class mail); (iii) the hearing shall be conducted in Executive Session, unless the owner requests the hearing to be held in open session, according to such reasonable rules and procedures the Board may prescribe; (iv) the owner shall have the right to present oral and written evidence at the hearing; (v) no disciplinary action against the owner shall take effect prior to five (5) days after the hearing; and (vi) within fifteen (15) days after the hearing, the Board’s written decision shall be provided to the owner and shall specify the disciplinary and/or corrective actions and/or fine or penalties levied, and shall be delivered to the owner by first-class mail.
If the violation is not cured, after notice and hearing, then the Association may proceed with "meet and confer" procedures pursuant to Civil Code Section 5915, to gain the owner's compliance.
If the violation is not cured after Internal Dispute Resolution is offered, the matter may be turned over to the Association's attorney to commence legal action (alternative dispute resolution and/or litigation). Depending on the nature and severity of the violation or other special circumstances, the Board may refer the matter to legal counsel at any time during the enforcement process and forego any of the processes outline above.
In addition to any other disciplinary action authorized by the governing documents, the Board of Directors may levy a monetary penalty (fine) after notice and hearing in accordance with the schedule below for violations of the Governing Documents.
First Violation: $100.00
Continuing Violation (second occurrence/hearing) $150.00
If a violation is not cured or re-occurs within 6 months, then each subsequent fine imposed may be increased by $50 from the previously imposed fine.
A continuing violation is one that is not cured, after notice and hearing, or the same violation that re-occurs within 6 months of the same violation.
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Built from 1965 to 1967 the Monticello Community has community pools, a spa, and a clubhouse for the exclusive use of all of its 334 residents. We are within walking distance to the OC fairgrounds, close to beaches, shopping, OCC, Vanguard University, and the 405 & 55. HOA Amenities include beautiful outdoor landscaping, a private community pool and spa, visitor parking spaces, and a clubhouse for larger group entertaining. We encourage our residents to become active members of the community by joining our Landscaping and Architecture and/ or Party Planning Committees. We also encourage Homeowners to take part in the Landscape “Red Stake” Program in which they choose to maintain their front planter area in compliance with the community’s landscape guidelines.