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Articles of Association

 

 

Articles of Association

Montevina Homeowners Association

Articles (Draft 3, Nov/Dec 1995)

 

The Association

The Montevina Homeowners' Association is an organization of homeowners and family members residing on Montevina Road, Sherry's Way or Aeronaut Way in Los Gatos, California together with property owners for those areas. The association is organized to promote and safeguard values common to the community of homeowners -- chief among those values is the safety and security of family and property. The community of homeowners has come together as an association to preserve and promote those values together with the tranquility and beauty of the Montevina area by taking a proactive role in the management of its environment.

Background

Montevina Road is a public road -- and, therefor, non-residents (hikers, bikers, sightseers and orhers) have a right to access and to enjoy its beauty and vistas. As residents, however, we expect this right to be exercised with due respect for the area and the values of its residents. Likewise, commercial access to Montevina Road is also expected to be carried out in a similar manner -- this includes deliveries, construction workers, public works employees, gardeners and others. In the recent past, there has been an increase in the number of incidents where residents have been exposed to violation of those values in various forms. These have included theft, trespass, loitering, littering and dumping.

Objectives

The objectives of the association, at their broadest level, are:

  • Personal safety of residents and the public at large
  • Property safety
  • Road safety
  • Area security
  • Emergency preparedness for the area
  • Beauty and tranquility

These are all intended to be achieved whilst maintaining the independence and freedoms that the residents sought in moving to the area.

The Organization

The association will be organized with a president, two vice presidents, a secretary and a treasurer elected by a simple majority of the membership to serve for two year terms. Three months prior to the end of the two year terms, the secretary will poll the membership for nominations for office to be submitted for election. The number of terms served by an individual is unlimited if elected by a majority every two years. The officers will be empowered to act on behalf of the common good of the membership and will undertake any and all reasonable and legal actions to carry out the common objectivs of the membership. Major decisions (such as membership assessment) will be put to a vote of the membership. The membership will be notified in advance, in writing, of all major decisions to be held. The voting will take place at membership meetings to be held periodically. A simple majority of those in attendance will prevail. The secretary will be responsible to keep minutes of meetings, decisions, progress reports of work in progress etc. so as to keep the membership fully informed. Meetings will be conducted according to Robert's rules of order. Meetings will be scheduled on a quarterly basis. Membership in the Association is voluntary but strongly encouraged.

Activities

Activities of the Association are intended to carry out its objectives. These activities may include, but not be limited to:

  • Contacting and/or petitioning the County authorities for road maintenance and brush removal.
  • Creating signage in strategic locations on Montevina Road as appropriate and as approved by the membership.
  • The acquisition of safety railings.
  • A communication process between members to keep membership fully informed of any intrusions etc. to maximize overall safety and security.
  • A list of names, addresses and telephone numbers of all members.
  • Designation of one or more road clean-up days.

Membership Assessment

Assessments may be proposed for common objectives such as security devices, road maintenance, signage etc. An initial assessment of $100 per household has been proposed, to be reviewed on an annual basis.  However, in the many years the association has existed, no fee has ever been charged.

Limitations

The association is not intended to encroach on the freedom and independence of members, homeowners, renters or users of the road. It will not become involved in the determination of architectural, design or decorative limitations of residences.

Changes to Articles

Any changes to these articles with the exception of any changes that may be required to ensure legal compliance, are to be approved by an 80% majority of current members.