Monterrey Village Homeowners Association, Inc.

Deed Restrictions - How to Report a Problem

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MONTERREY VILLAGE HOMEOWNERS ASSOCIATION, INC.
C/O AMS

1600 N.E. LOOP 410

SAN ANTONIO, TX 78209 

HOME OWNER INFORMATION AND ACTION FORM

?œ“ Have you ever seen something which looks like a violation of the restrictive covenants of our subdivision and wondered if something is being done to correct it?

?œ“ Is there something about the way the Association operates which is confusing to you?

?œ“ Do you want to make a suggestion for doing something better within the community?

All Members of the Homeowners Association are encouraged to contact the Board by filling out this form and mailing it to the address above.

FOR POSSIBLE VIOLATIONS:

1. List the Article and paragraph number from the Declaration of Covenants, Conditions and Restrictions, or other rules under which the alleged violation is cited. (Researching the documents for the cited rule ensures that the Association has the authority or responsibility to act on the violation.)



2. List specifics of the situation that describe what you believe violates the cited rule(s):






3. Identify the owner on whose property the alleged violation has occurred (if known) and the street address:




4. Identify the location on which the alleged violation took place if other than a residential lot:




QUESTIONS OR COMMENTS:


Would you like to discuss the matter personally with a committee member or the Board?
If you would like someone to contact you, please fill in the information below: (This information will only be used to contact you.)

Your Name:
Address:
Daytime Ph: Evening Ph:




WHAT ARE COVENANTS AND DEED RESTRICTIONS?

The seller of property can put conditions or restrictions on the future use of property when he or she agrees to sell; for example, no building higher than two stories can be built. If the buyer builds a three-story house, the seller can reclaim the property. When the developer of a planned community wants to establish a mandatory membership owners association to enforce its deed restrictions, he or she files a Declaration of Covenants, Conditions and Restrictions at the County Courthouse in the county where the property is located. This is recorded notice to all potential buyers that, from the date of the filing forward, anyone buying any part of the land will be obligated to abide by the restrictions and conditions listed in the Declaration. The conditions include automatic membership in the owners association, an obligations to pay assessments to support the association and a requirement to follow all rules set down in the Declaration or by the Association through its Bylaws or Resolutions. By accepting the deed to the property, the buyer covenants (promises) to abide by the terms of the Declaration.

The Board must ensure that the provisions of the documents are upheld for the benefit of all owners. Deed restriction violations cause the Board to remind the owner of the promise he or she made, to demand that the violation cease and to require that the property be brought into compliance with the documents. The Association, through its committees or the Board or any individual owner, can take formal action to have the owner come into compliance, after proper notice and due process.

Your input is important to us!




FOLD HERE


PLACE
STAMP
HERE
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____________________________
(RETURN NAME AND ADDRESS)


COVENANTS COMMITTEE
MONTERREY VILLAGE HOMEOWNERS ASSOCIATION, INC.
1600 N.E. LOOP 410

SAN ANTONIO, TX 78209

WHAT CAN ACTUALLY BE DONE ABOUT VIOLATIONS?

The importance of complying with the covenants, conditions and restrictions has been made clear by the Texas Legislature in the 1987 statute recorded in the Texas Property Codes which states that the community association covenants and restrictions will be liberally rather than narrowly construed or interpreted. The law also allows a judge to fine someone in violation up to $200 per day from the day the violation began, and court costs and attorney's fees can be awarded to the prevailing party. The Association Board prefers that members abide by the covenants, conditions and restrictions rather than to take legal action. For exact procedures for enforcement in the Trails of Santa Fe subdivision, please refer to your copy of the Declaration.