Prosper Montclair Homeowners Association, Inc.

Key facts from Prosper Montclair Homeowners Association, Inc.'s documents

Reflects the 2017 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners Association (HOA) (Document title and Article 5 (Owners' As)

Developer / declarant

CADG Prosper 28, LLC, a Texas limited liability company (Article 1 Section 1.2 (Declarant definit)

Governing law

Texas Property Code, specifically Sections 51.002, 209.001 et seq., 209.006, 209.007 (Section 6.5(b) (Texas Property Code 51.0)

Assessments & dues

Initial Maintenance Assessment: $350.00 per Lot per month ($4,200 per year). (Article 6 Section 6.3(a) Initial Assessm)

Special assessments

Special Purpose Assessment for capital improvements, repair of Common Amenities, etc.: up to one month's Assessment per Lot per year requires Board approval; greater amount requires vote of Members with Special Quorum (67%). Special Assessm (Section 6.4 (Special Assessments), inclu)

Collections & liens

Assessment Lien on each Lot to secure Assessments. Foreclosure by judicial or non-judicial sale under Texas Property Code §51.002. Subordinate to first mortgage or deed of trust. Association may bid at sale. (Section 6.5(b) and (c))

Reserves & fees

After Declarant Control Period, Board may establish reserve accounts for capital replacement; may fund from regular assessments or special assessment for shortfalls. (Section 6.5(i) (last paragraph))

Pets

Dogs, cats, birds, fish normally kept as pets allowed if kept in clean, well-maintained condition. No more than four (4) such animals per Residence. No pigs, goats, horses, etc., or skunks. Pets not permitted to run loose or cause nuisance. (Section 2.2(e) (first paragraph: 'No ani)

Leasing & rentals

Leasing/renting allowed with restrictions. Absolutely no bed and breakfast or short-term leasing (less than six months). Minimum lease term: six months to one year. Association may adopt rules. Owner must notify Association within 10 days o (Section 2.2(g) (last paragraphs: 'No lea)

Parking & vehicles

Trucks with tonnage excess one ton and vehicles with signage or advertising displays not permitted to park overnight. (Section 2.2(b))

Fences

Fences must be of design approved by ACC, per Exhibit B (not fully in text). Height: minimum 5' from front corner of Residence; maximum? Not explicitly but reference to 'differing heights' and 'slope over distance of two feet'. Only Builder (Section 3.4(g)(2) (fence provisions), al)

Architectural approval

Prior written approval of Architectural Control Committee (ACC) required for any construction, alteration, placement of Structure, including repairs, replacements, modifications. No construction may commence until plans approved. ACC may ch (Article 3 generally; Section 3.1, Sectio)

Home business

Small home-based businesses allowed if they do not generate traffic or nuisance, and receive prior Board approval. Additional uses (schools, churches) not permitted without written approval of Association and Declarant. (Section 2.1(a) and (c) (notwithstanding )

Signs & flags

Generally prohibited. Exceptions: Declarant's signs, Builder's signs (up to 2 per lot, 6 sq. ft. each; 2 larger signs up to 32 sq. ft.), 'For Sale'/'For Lease' signs up to 6 sq. ft. with ACC approval, political signs allowed per Texas Prope (Section 3.4(g)(9)(A)-(F) and (g)(9)(ii)-)

Setbacks / home size

All structures shall comply with Town setback requirements and building lines shown on Plat. (Section 3.4(a))

Maintenance

Owner must maintain and promptly repair damaged roofs, missing/broken shingles. Full roof replacement requires ACC approval. (Section 3.4(g)(2) (last sentences: 'Owne)

Insurance

Board may acquire property and liability insurance covering potential liability for use of Common Amenities and other risks. Directors and officers liability insurance recommended. (Section 5.2(d)(6) (Board power to acquir)

Use restrictions

Lots limited to private residential purposes and activities reasonably related thereto. (Section 2.1(a))

Voting & meetings

Two classes: Class A (Owners other than Declarant) – one vote per Lot; Class B (Declarant) – three votes per Lot owned, but Class B terminates when Declarant's Lots fall below 25% of total or five years after last conveyance, whichever late (Article 5 Section 5.2(a))

Amendments

Declaration may be amended by Declarant until end of Development Period (Section 8.6). After that, amendment requires affirmative vote or written consent of 67% of total Class A and Class B Member votes, provided Declarant joins until it no (Section 9.4 (amendment by Members), Sect)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.