Montibello Homeowners Association

Montibello Homeowners Association

MHA: A Proud History - By Matt Karres and Hap Arnold

Montibello Homeowners Association is involved in matters that help make Montibello a safe, beautiful and desirable neighborhood. Landscaping, and landscape maintenance of our entrances, along the Carmel Road wall and in the cul-de-sac circles help make the neighborhood attractive. Family and children’s social events sponsored by MHA help foster a sense of community. Keeping neighbors informed about activities and issues affecting all residents through such media as Montibello News and Montibello.org adds to that sense of community and permits us to maintain a united front in efforts to influence issues affecting our neighborhood.

MHA has a proud history over nearly 30 years of successful leadership in influencing development of Montibello and the surrounding area. MHA is one of the largest associations of its kind (voluntary) in Mecklenburg County and, presumably, in North Carolina. Without exaggeration, our area would be far different but for the efforts of MHA in teamwork with Montibello residents. Following is a compilation of some of these accomplishments:

Proposed rezonings defeated - The area between Hillingdon and Rotunda Roads, now filled with Montibello homes, was the subject of two different efforts to rezone. This was the last parcel owned by the family that had previously owned most of the land that now constitutes Montibello. In an attempt to “cash in” on this remaining land in the 1980s, a 12 unit per acre apartment complex was planned for the area. Large undeveloped parcels remained on the east side of Carmel Road. Royden, Carmel Crescent, Giverny, the Dovewood area and other parcels to the south had not yet been developed. Efforts led by MHA in concert with hundreds of Montibello residents defeated this rezoning proposal. Following the defeat of the rezoning for apartments, the landowners proposed a large assisted living facility in this same area. The same considerations applied and this project was defeated after another huge effort by MHA and neighborhood residents. Obviously, either the apartment complex or the assisted living facility would have had a significant adverse effect on Montibello. Without these collective efforts, development in our area would be substantially more dense.

Quail Hollow Road extension defeated - In the mid 1980s, there was a plan to extend Quail Hollow Road across Carmel Road through what are now the newer sections of Montibello and through English Gardens to the then proposed Colony Road extension. Members of MHA were able to persuade city traffic engineers to review the plans for this project and ultimately it was determined that this roadway was not needed.

Olde Towne Village - Starting in 1975, the original plans for the shopping center were greatly influenced by MHA. The unobtrusive appearance of the center with its buffers was not an accident. It resulted from negotiations by MHA with the developer. The later expansion and renovation of the center required a rezoning. MHA coordinated the efforts of nine neighborhoods to work with all parties through the rezoning process and ultimately to negotiate with the developer a change in the upgrade plans. The initial proposal called for three out parcels located only 40 feet from Carmel and Quail Hollow Roads. That plan would have prevailed absent the efforts of the neighborhood coalition to negotiate change. All these efforts had a positive influence on the appearance of the center, helping to make it as we see it today.

Carmel Streetscape - The original negotiations involving Olde Towne Village also had an impact on the rezoning needed for the Carmel Hollow Condominiums and the Summit Apartments, both of which had the same developer as Olde Towne Village. The 150 foot buffers for these projects were greatly influenced by MHA and probably would not have been included without our association’s efforts.

Communication Towers - Some will remember that the original tower on the Summit Apartment property was quite unsightly, with antennae hanging off the pole. With the help of the developer, MHA was able to persuade the carrier to remove the old tower and replace it with the unicell monopole tower now on the site. This was the first such tower in Mecklenburg County. When a second tower was proposed, MHA had no grounds to prevent its erection but we were able to get the Building and Zoning Department to require that the new tower be of the same design as the one then existing.

The Montibello Wall - The construction of the wall along Carmel Road was a massive undertaking that required a “meeting of the minds” among the homeowners on whose properties the wall was to be built. Each agreed to expend significant sums for construction and these funds were supplemented by donations from residents, from Montibello organizations such as the Garden Club, the Women’s Club and the Ladybugs and by funds from the MHA treasury. MHA arranged for the construction and for fund raising in the neighborhood. Without the wall and the ongoing maintenance of the landscape along the wall, the view along Carmel Road would be haphazard, severely detracting from Montibello’s appearance and, presumably, from its property values as well.

Tree Planting Program - The trees that line Montibello streets look beautiful at all seasons of the year but no season is more spectacular than Springtime. The cherry trees on Ingelow Lane can be breathtaking at the peak of their bloom. The Montibello street trees did not just happen. They were the result of a four to five year project under the auspices of the City Cooperative Tree Planting Program that involved polling the residents of each street to select the appropriate tree, notifying each homeowner, collecting funds from those who opted to have trees planted, working with the city arborist on the planting schedule and fielding numerous questions from homeowners. Residents were enthusiastic and the program was such a success that Charlotte City Council recognized Montibello as the city’s number one neighborhood for beautification for one of the years during the planting program.

Street Lighting - the decorative street lights, which are uniform throughout Montibello, were installed as a result of a petition drive begun by MHA pursuant to a program instituted by the city. Without this effort, old style street lights mounted on wooden poles ultimately would have been installed in Montibello.

Storm Drainage - In the late 1980s, as the last sections of Montibello were being developed, a storm water runoff problem arose in the area under development. After heavy rains flooded developed areas of Montibello, a committee of homeowners organized in coordination with MHA to address the issue with the City of Charlotte. The committee quickly educated itself about what needed to be done and through a highly organized effort initiated a successful petition drive and persuaded city officials to move the project to the top of the project list. As a result of those actions, the city installed a storm drain system to carry water from affected areas into McAlpine Creek.

Bed and Breakfast in Montibello - This was the first attempt by a homeowner to open a business with signage and overnight activity in Montibello, in violation of the neighborhood’s restrictive covenants. After the offending homeowners refused to comply with the restrictions on their property, MHA funded and arranged for the filing of a lawsuit to prohibit this activity. The lawsuit was successful and the B&B closed. Failure to contest this violation would have adversely affected our ability to enforce our restrictions which are crucial to the preservation of the residential character of Montibello.

We recognize that individual residents sometimes have personal issues with legal actions undertaken by the MHA board. It is the board’s responsibility, however, to represent the majority opinions of our membership as opposed to any individual’s views, and to take the action which is in Montibello’s best interests. In making these decisions, the board always has in mind the objectives of maintaining the residential character of the neighborhood, protecting its property values and making Montibello a safe, beautiful and desirable place to live.

It is MHA’s large membership, along with the time devoted by board members, street hostesses and other volunteers that make these accomplishments possible. Generally speaking, individual residents simply do not have the clout to influence large projects. Working together through our organization, we can accomplish significant things. As the area continues to be developed, and in some instances redeveloped, we must be in a position to continue to work for our mutual best interests. We need the assistance of all Montibello residents, dedicating time, talent and a little money on behalf of the neighborhood.

Montibello Homeowners Association Bylaws

ARTICLE I

Name - Office Location

Section 1. The name of the organization is Montibello Homeowners Association, hereinafter referred to as the “association.”

Section 2. The principal office of the association shall be the residence of its president.


ARTICLE II

Membership

Section 1. Each resident owner of a home located within the area served by the association and his/her spouse (if applicable) shall be a member of the association during a fiscal year upon payment of the prescribed dues. If the home is occupied by someone other than the owner, the owner may elect to retain membership upon payment of dues. If the owner does not retain membership, the resident may become a member under the conditions specified in the first sentence of this paragraph, substituting resident for resident owner.

Section 2. The area served by the association is the neighborhood called Montibello, located in Charlotte, North Carolina. It is bordered by English Gardens and McAlpine Forest on the north, Carmel Country Club on the south, Carmel Road on the west, and McAlpine Creek on the east. As shown in Mecklenburg County Real Estate Tax Map Book #211, these areas appear on pages 16, 17, 35, 37, 38 and 40.


ARTICLE III

Meetings of the Membership

Section 1. Meetings of the membership of the association shall be held at places designated by the board of directors and announced in notices of meetings.

Section 2. The annual meeting of the membership shall be held in January or February at a time and date designated by the board of directors.

Section 3. Special meetings of the membership may be called by the president, two-thirds of the members of the board of directors or no less than one-fourth of the members.

Section 4. Written notice of meetings of the membership shall be delivered to all members by mail, email or hand distribution, by or at the direction of the president, the board of directors or the members calling the meeting. The notice shall be delivered no less than ten days before the date of the meeting and shall state the time and place of the meeting. In the case of a special meeting, the notice shall state the purpose or purposes for which the meeting is called.

Section 5. Members present at a meeting for which proper notice has been given shall constitute a quorum. Members may continue to do business until adjournment, notwithstanding the withdrawal
Article III (continued)

of enough members to leave less than a quorum.

Section 6. Any vote by the members, except for the election of directors, may be conducted by mail (including email) if so decided by two-thirds of the members of the board of directors. Ballots and appropriate explanation of the matter(s) to be voted on shall be delivered to the members at least ten days before the date specified as the last for return of the ballot. A mail vote shall be valid only if valid ballots are timely returned by at least one-fourth of the members.


ARTICLE IV

Board of Directors

Section 1. A board of directors shall be the governing body of the association and shall be charged with management of the business of the association.

Section 2. Directors must be members of the association. There shall be eleven directors, each of whom shall hold office until death, resignation or disqualification, or until his/her term expires and a successor takes office. Directors will serve in named board positions which include the officers: president, vice president, secretary and treasurer; and committee chairs with responsibilities in the following areas: social, beautification, neighborhood watch, community affairs, communications, membership and street hostesses/hosts. If the board of directors determines that changing circumstances dictate the need for an increase or reduction in the number of directors and/or modification of the duty assignment of one or more directors, such changes may be authorized by an affirmative vote of three-fourths of all board members.

Section 3. Regular election of directors shall take place at the annual meeting of the membership mentioned in Article III, Section 2. Nomination of individuals for election as directors shall be for specific board positions. All members shall be eligible to cast one vote for the nominees for each vacant board position. Nominees who receive the largest number of votes for the positions for which they were nominated, whether or not a majority of the votes cast, shall be considered elected. An elected director shall take office at the meeting of the board of directors which is convened immediately after the meeting of the membership at which the election takes place.

Section 4. A vacancy occurring in the board of directors after the annual meeting of the membership or a vacancy for which there was not a nominee at the time of that annual meeting may be filled by appointment by a majority vote of the remaining directors.

Section 5. The term of office for a director elected under the provisions of Article IV, Section 3 shall be three years. The term of office for a director appointed under the provisions of Article IV, Section 4 shall be the remainder of the year in which appointed and two additional years. Except as specified in Article IV, Section 6, no member may serve consecutive terms of office as a director.

Section 6. If the board of directors determines by vote of three-fourths of all board members that no qualified nominees for a board position can be found or that exigencies exist which can best be resolved by election of a director to a consecutive term of office, the incumbent of the position may be nominated for an additional term of one year. Such nomination will be presented at the annual meeting of the membership with an explanation of the circumstances involved and the election will take place as specified by Article IV, Section 3.

Section 7. In carrying out their duties, directors shall make every effort to avoid a conflict of interests. The board of directors may decide about conflicts or potential conflicts based on its determination from the circumstances as to whether a director’s ability to protect the interests of the association, or perform association duties is, or may become, compromised by familial, personal or financial interests.

Section 8. Directors shall not receive compensation for their services as directors, but may be reimbursed for expenses incurred in attending to association matters.

Section 9. A director may be removed from office by vote of a majority of members present at a regular or special meeting of the membership. In order to be removed, the director in question must have first received ten days written notice that the subject of his/her removal would be considered at said meeting.

Section 10, A director shall be removed automatically from office upon failure to attend any three meetings of the board of directors that occur while that director is serving during a calendar year. A director so removed from the board of directors may be appointed to fill the resulting vacancy as provided in Article IV, Section 4. In the event of such an appointment, the director’s total term of office shall remain as it was had the removal not occurred.


ARTICLE V

Indemnification of Directors and Officers

Section 1. Directors are not liable to members of the association for any mistake of judgment, negligence or otherwise, except for individual misconduct or bad faith. The association shall indemnify and hold harmless each director against all liability to others arising out of contracts made by the board on behalf of the association, unless any such contract shall have been made in bad faith or contrary to the provisions of these bylaws. It is intended that directors shall have no personal liability with respect to any contract made by them on behalf of the association, except to the extent that they are members of the association.

Section 2. The association shall indemnify any director or officer of the association against expenses (including attorney’s fees) and liabilities actually incurred by him or her in defending or as a consequence of any threatened, pending or contemplated action, suit or proceeding (whether civil or criminal) in which he or she is made a party or was (or is threatened to be made) a party by reason of being or having been a director or officer, except as to matters in which he or she is adjudged in the action, suit or proceeding to be liable for misconduct in the performance of duty.

This indemnification is not exclusive of any other rights to which those indemnified may be entitled under any statue, bylaw, agreement, vote of members, or otherwise, and it continues to a person who has ceased to be a director or officer and it inures to the benefit of the heirs, executor and administrators of the person.

The association may purchase and maintain liability insurance on behalf of any person who is or was a director or officer of the association against any liability asserted against him or her and incurred in that capacity, or arising out of his or her status as such, whether or not the association would have the power to indemnify the officer or director against the liability.

Nothing in this section shall operate to indemnify any director or officer if the indemnification is contrary to any applicable state or federal law.



ARTICLE VI

Meetings of the Board of Directors

Section 1. Meetings of the board of directors shall be presided over by the president or in his/her absence, the vice president.

Section 2. The initial meeting of the board of directors each year shall be held in conjunction with the annual meeting of the membership in January or February at a time and date designated by the board of directors. The president shall open the meeting, conduct business as required and preside over election and installation of new directors. If the president is ending his/her term of office, the newly elected president shall preside at the meeting from the time of his/her installation.

Section 3. Other regular meetings of the board of directors shall be held at such place and time as the board of directors may decide.

Section 4. Special meetings of the board of directors may be called by or at the request of the president or any three directors. Special meetings shall be held at such place and time as the president or the other directors calling the meeting may designate.

Section 5. Written notice of regular meetings of the board of directors shall be given by the president or secretary at least five days before the meeting, by the usual means of communication. Written notice of special meetings of the board of directors shall be given by the person or persons calling the meeting at least five days before the meeting, by the usual means of communication.

Section 6. At least 50 per cent of the directors then serving shall constitute a quorum for transaction of business at any meeting of the board of directors. A director may vote by proxy at a meeting at which a quorum is actually present, the votes to be cast by any other director who holds a signed authorization which specifies the matters for which the proxy vote is authorized.

Section 7. Except as otherwise provided by these bylaws, the act of a majority of the directors at a meeting at which a quorum is present shall be the act of the board of directors.

Section 8. A vote by the board of directors may be conducted by email and/or telephone at the discretion of the president. Authorization of actions so proposed requires the affirmative vote of a majority of the directors then serving. Votes taken by email and/or telephone shall be ratified by the board of directors at its next meeting and recorded in the minutes of such meeting.


ARTICLE VII

Officers

Section 1. The officers of the association shall be a president, a vice president, a secretary and a treasurer. Election of officers to fill any of these four positions vacant or being vacated at the time of the annual meeting of the membership shall be conducted in accordance with Article IV, Section 3. Vacancies occurring at other times shall be filled in accordance with Article IV, Section 4.

Section 2. Officers of the association may serve in their positions for the remainder of their terms or, at the discretion of the board, assignment of duties of officers and/or other directors may be changed at any time. If such a change is to take place at the time of the annual meeting of the membership, the provisions of Article IV, Section 3 shall be followed. If such a change is to take
place at any other time, the provisions of the last sentence of Article IV, Section 2 shall pertain.
Article VII (continued)

Section 3. The president shall be the principal executive officer of the association. He/she shall, when present, preside at meetings of the membership and at meetings of the board of directors. He/she shall sign such instruments as may require the president’s signature.

Section 4. The vice president shall perform the duties of the president, in the event of latter’s absence or disability, and such other duties as may be assigned by the president or the board of directors,

Section 5. The secretary shall keep accurate records of the acts and proceedings of all meetings of the membership or board of directors and shall give all notices required by law or these bylaws. He/she shall have general charge of the association’s books, including records of the membership showing the name and address of each member (to be furnished by the membership chair at the end of each year) and annual financial reports (to be furnished by the treasurer at the end of each year). He/she shall sign such instruments as may require the secretary’s signature and, in general, shall perform all duties incident to the office of secretary, and such other duties as may be assigned by the president or the board of directors.

Section 6, The treasurer shall keep correct and complete financial records, showing accurately at all times the financial condition of the association. He/she shall be the legal custodian of all monies, notes, securities and other valuables which come into the possession of the association. He/she shall deposit all funds of the association in a timely manner as received in some reliable bank or other depository to be designated by the board of directors, and shall keep any such bank accounts in the name of the association. He/she shall furnish at meetings of the board of directors, or whenever requested, a statement of the financial condition of the association, and shall perform such duties as required by law or these bylaws or as the board of directors may prescribe. He/she shall sign such documents as may require the treasurer’s signature. The treasurer may be required to furnish bond in such amount as determined by the board of directors.


ARTICLE VIII

Committees

Section 1. The board of directors may create such committees as it deems appropriate. Members of committees may be directors, non-directors, or both, as determined by the board.

Section 2. Committees shall serve only in an advisory capacity to the board of directors unless specifically empowered by the board to act in its behalf.

Section 3. The term of any committee shall not extend beyond the calendar year in which it is created unless specifically reappointed by the board.


ARTICLE IX

Fiscal Year

Section 1. The fiscal year of the association shall be from March 1 to the last day of February. Any tax returns required by law shall conform to the fiscal year.

Section 2. The board of directors may prescribe different annual periods such as calendar year for other purposes such as financial reporting and periods of membership.


ARTICLE X

Membership Dues and Assessments

The amount and due date of annual membership dues shall be determined by the board of directors.



ARTICLE XI

Amendments to These Bylaws

These bylaws may be amended by a two-thirds vote of the directors.








This amended version of Bylaws of Montibello Homeowners Association was adopted by the Board of Directors, Montibello Homeowners Association on March 22, 2006. Its adoption was ratified by the Board of Directors at its meeting on May 8, 2006 and recorded in the minutes of that meeting.



LuAnn Martinson Peggy Elmore
President Secretary