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Montibello Owners Association, Inc. Rules & Regulations Architectural Guidelines Revised March 2015

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Page 1: Montibello Owners Association, Inc. Rules & Regulations Architectural ...lambethmanagement.com/wp-content/uploads/2016/01/Montibello-R… · P.O. Box 8071, Greensboro, NC 27419 336.288.4944

Montibello Owners Association, Inc.

Rules & Regulations

Architectural Guidelines

Revised March 2015

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General Information

Rules & Regulations

The Rules and Regulations of the Montibello Owners Association shall be a governing document

of the Association and its Members, in addition to the “Declaration of Covenants, Conditions and

Restrictions” and the “Bylaws.” The Declaration Article IX Section One and Section Fourteen

provide the authority to the Board of Directors to adopt and enforce reasonable rules and

regulations.

In the case of any conflict between the Declaration and the Rules and Regulations, the

Declaration shall control; in the case of any conflict between the Bylaws and the Rules and

Regulations, the Bylaws shall control.

The Rules and Regulations may be subsequently added to, modified, or replaced at the discretion

of the Board of Directors.

Insurance Coverage

Each homeowner must be certain that an H06 policy is in force on their individual home. The

deductible on the master policy is currently $1000. In the event that a claim is caused by the

personal property of a homeowner (water heater, toilet), or a loss that starts in your home causing

damage to your unit, another unit or common property, the homeowner is responsible for paying

the deductible. If the damage does not exceed $1000, the homeowner is responsible for the cost

of the damage.

Managing Agent and Communication

Lambeth Management & Realty, Inc. P.O. Box 8071, Greensboro, NC 27419

336.288.4944 phone 336.869.7268 fax

www.lambethmanagement.com

All non-emergency requests, recommendations, concerns should be submitted to the managing

agent in writing. Requests may be submitted through the community website at

www.lambethmanagement.com

Home Rental

Long term leases are permitted providing the lease agreement stipulates that it is subject

to compliance with Montibello governing documents, rules and regulations and all

policies as set forth by the Association.

A copy of the lease agreement must be submitted to the Managing Agent.

Homeowner is responsible for providing current mailing address and contact information.

Owners are responsible for the actions of their tenants as well as the guests of tenants.

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Montibello Homeowners Association

Assessment Collection Policy

Fine & Penalty Policy

ASSESSMENTS

1. Assessments are due in the amount of $255.00 on the first day of each month.

2. Homeowners that have not paid their monthly assessment by the 15th of any month will

be charged a late fee in the amount of $25.00 (Refer to the Declaration of Covenants,

Conditions and Restrictions for Montibello Article V Section Nine).

3. Assessments that have not been paid 30 days after the due date are considered past due.

4. A past due letter will be sent to the Homeowner notifying him/her of the past due amount

including any late fees and appropriate interest due. This letter will inform the past due

homeowner that if full payment is not made within 30 days the collection of their account

will be turned over to the Association’s attorney.

5. If payment is not received, the account will be turned over to the Association’s attorney

for collection and a Claim of Lien will be placed on the property.

6. If full payment, including the legal fees, is not made the Association may bring an action

at law against the homeowner or foreclosure the lien against the property. All interest,

costs and reasonable attorney’s fees of any such action shall be added to the assessment.

(Refer to Article VI Section Nine of the Declaration of Covenants, Conditions and

Restrictions).

VIOLATIONS OF THE GOVERNING DOCUMENTS

7. The procedure for imposition of fines includes written Notice of Violation with ten (10)

days provided to homeowner for response or correction. Failure of homeowner to

respond in writing within the ten (10) day period indicates that the homeowner has

agreed with the determination. The Board shall consider all evidence and written

response and make a final determination within fifteen (15) days of receipt written

material and response from homeowner.

8. If the Homeowner does not adhere to the initial or final determination, the Association is

entitled to levy a fine and immediately record a lien against the Homeowner not to

exceed $100 per day for as long as the violation continues.

9. In the case of violations of the Declaration, Bylaws, Articles of Incorporation or Rules

and Regulations, the Association may impose fines up to $100.00 per day for any

violation. A lien may be recorded against the Homeowner’s unit to collect such fines.

10. The Association is entitled to initiate a judicial foreclosure proceeding after recording a

lien if the fines have not been fully paid (Refer to the 47F-3-116(al) of the North Carolina

Planned Community Act).

Adopted by Board October 26, 2010

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Maintenance Responsibilities

What the Association Maintains Refer to the Declaration of Covenants, Conditions and Restrictions Article VI Section One.

The Association shall provide maintenance of the common area. The Association shall provide

exterior maintenance upon each lot as follows: paint and/or stain the exterior of the residential

unit on the lot; repair, replace and care for roofs, gutters, downspouts, exterior building surfaces,

trees, shrubs (excluding those planted by an owner), grass, walkways, driveways, mailboxes,

street lights, retention pond aerator, the water and sewer lines (except under the slab), the

irrigation system, and other exterior improvements paid for by the Association. Such exterior

maintenance does not include glass surfaces.

Common Areas The common areas of the Association (entrance, roads and natural areas) are for the benefit of all

Association members, tenant, or guests of members.

1. The common areas shall be used in an orderly and courteous manner so as not to disturb

other users.

2. Members are responsible for the supervision of family members and guests while on

Association property. Any damage by a member, their family, children, guests or tenants

shall be the responsibility of that member to correct.

3. No personal property will be permitted to be left on the common areas.

4. State and local laws and ordinances regarding the consumption of alcoholic beverages

and tobacco products will apply to the common areas.

5. No vehicular traffic is allowed on grassy common areas, including bikes, dirt bikes, etc.

In the event that work is to be done on a unit such as approved additions or approved

architectural changes, the homeowner is responsible for any damage caused by trucks or

equipment.

What the Homeowner Maintains

Owners are responsible to maintain certain items with respect to their units. Owners are

responsible for (but not limited to responsibility for): all glass surfaces, window screens, door

locks and hardware, heating and air conditioning equipment and connections, alarm systems,

personal utility boxes and connections, water and sewer lines under the slab, doorbells, storm

doors, electrical outlets; shrubbery, plants and flowers planted by the current or previous owner

of the unit, any architectural modifications made by the current or previous owners of the unit,

plumbing within the unit.

Snow and Ice Removal Revised March 2010

The Board of Directors will determine whether snow/ice will be removed on a storm by storm

basis. We try to plow as little as possible due to the wear and tear on our paved surfaces, and

excessive deicer chemicals can, over time, deteriorate the concrete sidewalk surfaces. But first

consideration is always given to homeowners/ residents’ safety, and the ability for emergency

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vehicles to easily access all units. The City of Greensboro is responsible for the maintenance of

the streets in Montibello. This includes plowing snow, but the Board also recognizes the low

priority given to the streets in our community. No walks or driveways will be cleared; that will

be the responsibility of the individual homeowners. The directors encourage you to help your

neighbors if they are elderly or impaired.

Good Neighbors – Rules and Regulations

Guests and Child Supervision 1. All guests should be made aware of the Association’s policies; Association members will

be responsible for their guest’s compliance with such policies.

2. Children must be supervised by an adult at all times and should not use the streets as a

play area. Limited visibility and traffic make these areas too dangerous. The Association

will not assume any liability for the injury of an unsupervised child or guest.

3. Violations of the rules and regulations or governing documents by children or guests of a

homeowner are the responsibility of the homeowner.

Animals 1. All animals shall be on a leash when outside. It is the responsibility of the animal owners

to clean up after their animals and restore the area to its prior condition. Pet owners must

carry a plastic bag or scooper and remove all pet waste immediately upon deposit.

Droppings and urination serve as a strong attractant for other animals to likewise mark

their territory.

2. Any member of the Association who is aware of a violation of the animal regulations is

encouraged to take the first step of communicating with the offending member and to

encourage the member to abide by the regulation concerning animals in common areas.

If this proves unsuccessful, the managing agent may be contacted.

3. Non-residents are welcome to walk through our beautiful area, but not with their animals.

If you see a non-resident, encourage or if necessary demand that they remove the animal

from the area.

4. No farm, barnyard or rural animals shall be permitted to dwell on any lot, per the zoning

regulations of the City of Greensboro.

Mailboxes 1. Any problems regarding mail, mailboxes or mailbox keys should be reported to the post

office.

Noise 1. Noise is bothersome to your neighbors; please be aware that you are living in close

proximity to your neighbors. This proximity creates a reverberation or echo effect that is

often unnerving. Owners and residents shall exercise care to avoid making or permitting

to be made, inside or outside their homes, loud, disturbing or objectionable noises,

loud/vulgar speech, barking dogs in such manner as may disturb or tend to disturb

occupants of other homes. In addition, care should be exercised in playing or using

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musical instruments, radios, cd players, televisions, amplifiers or any other instruments or

devices.

2. Do not use cell phones while “shouting” in an area that can be heard by others: do not

allow vehicles to idle; do not use vehicular horns.

3. Violations should be reported to the City of Greensboro police department. You may

also notify the Managing Agent of violations.

Outside Decorations Holiday home decorations must be removed within seven (7) days following the observance of

the holiday with the exception of Christmas. Christmas decorations must be removed no later

than January 15th. Under no circumstances are decorations to be erected on the roof of any

homeowner’s unit.

Parking Rights of Homeowners 1. Park your personal vehicles (2 maximum) in your attached garage and driveway area. No

parking allowed on grass or yard.

2. Additional parking spaces in the common areas are provided for short term visitor

parking (maximum of 72 hours without prior permission for longer period) and are

maintained by the Association. In rare instances, homeowners may request permission in

writing to the Management Agent to temporarily use the visitor spaces for personal

vehicles or visitors requiring more than 72 hours.

3. Daytime curb parking is only for loading and unloading. Overnight curb parking is

prohibited. At no time may a car block any driveway or use the sidewalks or grass as a

parking place. Double parking on either side of the street is prohibited. Violators will be

towed without notice.

4. Owners of vehicles that damage the parking surfaces, sidewalks, grass or irrigation

systems will be financially responsible for the repairs of the damage.

5. Parking or storing of inoperable vehicles is strictly prohibited within the community. This

includes but is not limited to wrecked vehicles, inoperable vehicles, vehicles with flat

tires, vehicles without tires etc.

6. Campers, trailers, boats, jet skis or other recreational vehicles are strictly prohibited in

both resident and guest parking areas. If you are having work done on your unit that will

require a trailer to be onsite, contact the Managing Agent to discuss your particular

situation.

7. Trailers, motor homes, campers, boats, jet skis, ATV’s, oversized commercial or

construction vehicles, vehicles with letter/advertising on its exterior and unlicensed or

inoperable motor vehicles are not to be parked or stored outdoors within the community.

Only contractors authorized for work at Montibello may leave their commercial vehicles

outdoors and parked along the streets or in guest parking spaces, while work is in

progress.

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8. Commercial vehicles are prohibited. Residents/homeowners may not park their

commercial vehicles on the property. This includes vehicles that are larger than a pickup

truck or SUV; this includes any vehicle with commercial painting/lettering/advertising on

its exterior as well as any vehicle that carries visible ladders or commercial equipment.

Only contractors authorized for work at Montibello may bring commercial vehicles on

the property while work is in progress.

9. If an improperly parked vehicle or other situation interferes with your personal parking, it

should be reported to the Managing Agent. All vehicles must display current valid

registration and tags. Repeat violators of the parking policy, those continuing to park

improperly, vehicles that do not display current registration and tags, inoperable or

vehicles that appear to be abandoned are subject to towing or fining. All towing is at

owner’s expense.

10. Violations of these simple rules may result in the violating vehicle being towed from the

community at the vehicle owner’s expense. The Montibello Board of Directors has

contracted with the following towing company to handle any towing violations. All

towing requests must be made through the Montibello Board of Directors or Managing

Agent unless in extreme emergency cases.

Kirk’s Sineath Towing Company

700 Patton Avenue

Greensboro, NC 27406

(336) 272-3456

Towing costs will vary depending on type of vehicle towed and storage fees.

When you park your car, be respectful of your neighbor’s rights and property, and how it might

affect them. If you have visitors coming, speak with your neighbors and try to keep each other

informed and especially of any approvals received. The above parking rules become effective as

of April 1, 2015. If you have any questions, please contact a Board member or Lambeth

Management.

Personal Property 1. Front porches shall not be used as a storage area. Personal property shall be properly

stored so as not to create an eyesore as outlined in the Declaration.

2. Personal property shall in no way create a nuisance to the other homeowners.

Safety Safety is the responsibility of each homeowner. Depending on the severity of the situation,

owners are requested to notify the police of any suspicious persons, trepassing, and unusual or

criminal activities on the common areas.

Signs 1. All real estate signs should be located within the first two feet of your home in the front

yard, not in the common areas or at the entrance.

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2. Only two signs are permitted at a time per unit – one each in the front and backyard of

any home.

3. No signs other than real estate signs are permitted.

4. Open house signs are permitted at the entrance for no more than two consecutive days.

5. Violation of sign policies may result in immediate removal and disposal of signs.

Solicitation No solicitation is permitted on the property without prior consent from the Board of Directors via

the Managing Agent.

Speed Limit The speed limit within Montibello is ten (10) miles per hour.

Trash and Garbage Collection 1. Garbage/trash containers may only be stored in your garage.

2. Garbage/trash containers must be removed from the street as soon as possible after

pickup but no later than the evening of pickup.

3. Garbage/trash containers should not be placed on the curb until the evening before

collection.

Water Usage As our water usage is billed communally, please be conservative with our water usage.

Yard Maintenance Unit ownership includes the first few feet in front of their units (refer to the plat for your unit). It

is the responsibility of the owner to maintain any plantings within this area that the owner or

previous owner has installed.

Yard Sales Individual yard sales are not permitted due to traffic problems. Contact the Managing Agent

regarding the schedule for community yard sales.

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Architectural Control

The Architectural Review Committee shall consist of a group comprising either Board members

or committee members appointed by the Board of Directors.

Guidelines for Submission 1. Any addition to an existing building, any exterior alteration, modification or change to an

existing building, or any new detached structure must have the written approval of the

committee before the work is undertaken. Examples of such projects include, but are not

limited to: storm doors, satellites, any attached structure, storage unit, etc.

2. Any addition, exterior alteration, modification or change to an existing building shall be

compatible with the design character of the original building. Any new, detached

structure shall be compatible with the parent structure.

3. The Architectural Review Committee will consider only written requests. Requests

should be submitted for preliminary review to the Managing Agent. The Managing

Agent will be responsible for distributing complete requests to the committee.

4. If a proposal is rejected, the applicant may appeal based on new or additional information

which might clarify the request or demonstrate its acceptability.

5. The description of the project should include all information necessary for the committee

to take action. Necessary data would include height, weight, length, size, shape, color,

material specification, contractor’s name and approximate completion date of the project

as well as location of the proposed improvements. Photographs or sketches of similar

completed projects would aid the committee’s consideration. If the alterations affect the

existing drainage pattern, then proposed drainage must also be included.

6. Approval of any project by the committee does not waive the necessity of obtaining the

required building permits.

7. Obtaining a building permit does not waive the need for committee or board approval.

8. The committee will not knowingly approve a project that is in violation of the city

building or zoning codes.

9. To receive an application for architectural review, please contact the Managing Agent.

All applications must be complete and signed by the homeowner(s).

Architectural Review Standards 1. No outside radio or television antennas or other elevated communication towers shall be

erected on any lot or living unit. Amateur or CB-based operations are prohibited.

2. Satellite dishes no larger than 18-inches shall be allowed, but must be approved by the

committee for positioning. Satellite may only be mounted in the rear of the unit within

the owner’s privacy fenced area. Satellites may not be mounted to fences or roofs. Pole

mounts are recommended.

3. Exterior lighting shall not be directed in such a manner as to create annoyance to any

neighbors.

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Montibello Homeowners Association

PO Box 8071*Greensboro, NC 27419*336-288-4944

www.lambethmanagement.com

Request for Architectural Approval

Homeowner_________________________ Property Address_________________________

Home Phone_________________________ Alternate Phone _________________________

Email _______________________________Date Submitted__________________________

Please list the nature of the improvement and materials needed:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Estimated start and completion dates _____________________________________________

Colors or other pertinent information ____________________________________________

Attach drawing to this request form showing all proposed improvements. This must include the

relationship to existing structures, landscaping and lot lines if applicable.

Photographs or brochure pictures should be submitted along with this request when available. Note:

Homeowner is responsible for compliance with all county and/or city permit requirements. The

Architectural Committee has the right to enter site and inspect work for conformity with approval.

I/We understand and agree to comply with all requirements contained within the governing

documents of the Association, as well as permit and inspection regulations.

____________________________________

Signature

Committee Use RECEIVED______________RESPONSE TO HO__________ DELIVERY______________

The Architectural Change Committee of _____________________Homeowners Association hereby

approves your request with the following restrictions/conditions:

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___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

MONTIBELLO

Guidelines for:

Front Porch Enclosures

Open Back Porches

Sun Rooms

Screened-in Porches

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Guide Lines for Front Porch Enclosures

Glass enclosures must be one of the following:

Figure #1

Figure #2

Figure #3

Figure #4

Trim to match trim on home, must be metal, color to match house trim. No Wood Trim

allowed.

Screened-in porches must be one of the following:

Figure #5

Figure #6

Figure #7

Trim to match trim on home, must be metal, color to match house trim. No Wood Trim

allowed.

Guidelines for Open Back Porches (With roof only, open on 3 sides)

Open back porches must be built to the same specks and appearance as the following:

4601 Merlot Way Figure #8

4603 Merlot Way Figure #9

Guidelines for Sun Rooms Built on Back of Homes

Sun Rooms must be built to one of the following specks and appearance:

Figure #10

Figure #11

In addition to the Sun Room’s approval, three inspections shall be made:

1. Site must be inspected and approved by the Architectural Committee before work can be

started.

2. Shingle roofs must have the same pitch that is on the front of our homes; ridge vents must

also be the same. Inspection will be done when framing is complete. Glass panels,

windows, and doors are not to be installed until roof and framing has been inspected and

approved by ACC.

3. Final inspection after project has been completed.

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Guidelines for Screened In Porches on Back of Homes

Sun Rooms must be built to one of the following specks and appearance:

Figure #12

Figure #13

In addition to the screened-in porches approval, three inspections shall be made:

1. Site must be inspected and approved by the Architectural Committee before work can be

started.

2. Shingle roofs must have the same pitch that is on the front of our homes, ridge vents must

also be the same. Inspection will be done when framing is complete. Glass panels,

windows, and doors are not to be installed until roof and framing has been inspected and

approved by ACC.

3. Final inspection after project has been completed.

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