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[ Up ] The Villages at Maxwell Creek Home Owners Association (3rd Quarter 2003)

July / August / September
Q3 / 2003

Neighborhood Newsletter

In This Issue:
Please note that a newsletter was not published for the April / May / June quarter of 2003.

Bimonthly Open Forum Meetings

Starting on Saturday, September 13th, the Board of Directors will begin holding bimonthly open forum meetings for all residents of the neighborhood. There is no specific agenda, the plan is to hold an informal question and answer session, and to help everyone meet their neighbors. The first meeting will be held from 4:00 - 5:00pm at the Allen Heritage Center (Train Depot) on the corner of Main and Ash.

These meetings are a new idea being tried to help foster communication between the residents and the HOA board. In the past, the only open forums have been during the annual block parties and the re-election meetings. Throughout the year, the board often hears the same questions from homeowners in one on one conversations, and we thought we would try holding more frequent open-forum meetings.

Management Company Changes

The HOA terminated it's contract with Excel Association Management Company effective September 9th, 2003. At this time, we will not be using a management company, and will try to pull all of these activities back to volunteers within the neighborhood. We decided to make this change for several reasons:

  1. Improved Communication. The old management company (Excel) was doing a very poor job of communicating both to homeowners as well as the HOA board. There were several occasions where Excel sent out violation letters to residents that had no clear violation listed, and no suggested remedies. There were other letters sent out that in one paragraph told a homeowner they were in violation, and in the next thanked them for complying.
  2. Improved Reporting. Excel was not able to provide such items as clear, concise budget reports, or lists of which residents had been sent violation notices and why those notices were sent.
  3. Improved Follow-up. Excel was unable to provide timely information to either the HOA board or residents, and usually multiple requests were required.
  4. Lower Costs. Excel charged a significant fee each month compared to the value being received.

The officers on the board have been asked several times why the HOA paid for a management company when there are three people elected to the board, and over twenty people on different committees. The are many reasons, but the most important is time: all Association work is done during peoples' spare time.

Even with the management company, there were several people that spent at least an hour a day talking with residents and working Association issues. By terminating Excel's contract, much more work will be required by all of the volunteers. However, we believe that residents will be better served by people who actually live in the neighborhood, rather than the conflicting and often confusing interactions with Excel.

There are a number of new items that will need to be purchased by the Association that were previously part of the monthly fee for the management company, however the amount spent should be minor in comparison. At this time, it is not known how much of an impact this change will affect the annual dues. Depending how everything goes, we may select a new management company in the future.

Please bear with us during these changes, as there is a lot of behind the scenes work that must be completed! Additionally, we did not receive complete documentation from Excel as to which homeowners have received violation notices, and which have not. Please excuse any duplicate notices, as they are not intentional.

Family Sedan

Please don't park your car on the street!

Cars block the view of homes, crowd the streets, and tend to lower property values in the neighborhood. Parked cars can also be dangerous for children playing outside.

Additionally, having cars parked on the street increases the probability of vandalism; the vehicles are more likely to have property stolen out of them.

There was recently a vehicle stolen from the front of a home on Bur Oak, and we have received several automobile theft reports from residents in the past month, including one incident where both a laptop and 250 CDs were stolen!

Cars parked on the street are the number one complaint of residents in the neighborhood!

As always, please let us know if you have any questions or concerns about this change.

Committee Updates

Architecture Committee

The Architecture Committee held it's first meeting in over a year in late July. Since the original meeting last year, Robert Butler has taken over the job of chairperson from Tres Moss, and several new people have joined the committee.

One of the big tasks facing the committee was creating a list of community beautification standards, as well as a defining a standard process for handling how violations would be enforced. In the past, this was largely at the discretion of the management company, which led to unpredictable results: some residents would receive violation notices while other homes (in worse condition) were ignored; residents often wouldn't be told what the specific infraction was; and more. Finally, most homeowners aren't aware that they need to receive approval from the Architecture Committee before beginning any projects that change the exterior appearance of their homes.

After much deliberation by the members of the committee, a list of guidelines for Community Beautification Standards was established; the list is included later in this newsletter. We've also spent time developing an Enforcement Process that ensures fairness and objectivity, while still making sure that violations are resolved; that process is also listed later in this newsletter. These standards were desperately needed, so that the HOA board, committee members, and residents have a single objective source for determining whether their property is in violation, as well as a fair and equitable way to work with residents to resolve whatever the problem may be.

More detailed information about the Architecture Committee is available on the HOA web site, as well as online versions of the Community Beautification Standards, and the Enforcement Process for Resolving Resident Violations. Additionally, the AC Approval form, which is required when making architectural changes to a home, is available online as well.

The chairperson of the Architecture committee is Robert Butler.

Landscape Committee

The Landscape Committee has been very busy so far this year. Several major projects have finally been completed, and they're working hard on finalizing plans for along Malone. Unlike the front and rear entries to the neighborhood, the developer and homebuilders never completed this area of the properties.

The projects that have been completed so far this year are:

Additionally, the committee will be focusing on improving the appearance of the front entrance to the neighborhood (facing Bethany) this fall. Several trees require trimming (and possibly replacing). Adding lighting to the entrance signs is also being considered, as we have heard from several residents that it is difficult for visitors to the neighborhood to know where to turn.

The chairperson of the Landscape committee is Stephanie Butler.

Social Committee

Last, but certainly not least, the Social Committee has organized and run two events so far this year, and is gearing up to finish off 2003 with the Halloween trick-or-treat kickoff party! We also can't forget all of the hard work put forth gathering together all the material, publishing, and distributing the quarterly newsletter to all 303 homes!

The chairperson of the Social committee is Kim Wong-Smith.

Please Recycle!

Please Recycle!

The city of Allen encourages all residents to recycle, and to help clean up the environment!

The city also performs free bulk trash pickups on the third Monday of each month. More information is available on the city's web site.

There are also a number of area charities that accept donations of almost anything of value, from old computers, furniture, and clothing. Allen Community Outreach at (972) 727-9131, the Salvation Army at (972) 423-8254, and the Cancer Federation (they have a drop-off location in front of the bowling alley on Greenville) are but three examples of worthy charities in our local area.

Halloween Trick-or-Treat Kickoff Party

We will be holding a trick-or-treat kickoff on October 31st. The evening will be Halloween-themed, and both children and adults are invited to wear costumes. We will be holding three best costume contests for ages 0-5, 6-12, and 13-adult, and providing fresh popcorn, apples, and trick-or-treat candy for everybody! The party will be in the cul-de-sac on Woodstream Ln (near Malone) on Friday, October 31st starting at 6:30pm

The costume contests will begin at 7:00pm, and the whole event will be over by 8:00pm, so don't be late!

Community Beautification Standards

The following guidelines define community beautification standards that all Members of the Villages at Maxwell Creek HOA strive to maintain. While the intention is not to stifle creativity or personal expression, certain minimum standards must be established to ensure that no homeowner is treated unfairly or subjectively. These guidelines specifically address and expand the items listed in Article IV, Sections 1 and 2, and Article VI, Section 1 of the Covenants of the HOA.

Should there be a conflict between these guidelines and the Covenants, these guidelines take precedence only when they are less restrictive.

  1. All yards must consist at a minimum of grass and garden areas. No artificial grass, plants or other artificial vegetation shall be placed or maintained on any Lot. Artificial flowers are permitted in pots, so long as they are not excessive. Yards may not consist primarily of dirt, rock, stone, cement, wood, plastic, mulch, or as a nature preserve.
  2. All grass on a yard that is viewable from outside the property line must be no taller than 5 inches. Additionally, grass along any divisor should be no taller than the surrounding yard, and no edges may extend more than 1 inch past the divisor. Such divisors include, but are not limited to:
    1. Sidewalks
    2. Flower beds
    3. Garden areas
    4. Trees
    5. Fences
    6. Utility easements
  3. A garden or flower bed area must extend along the width of the front of each home, and must consist at a minimum of bushes planted along the bed, each bush a minimum size of 5 gallons.
  4. No weeds may be permitted to grow on any portions of a yard, flower beds, garden areas, or other similar sections of a yard separated by a divisor meant to create such an area that are visible from outside the property line.
  5. Grass may not be permitted to grow in any flower beds, garden areas, or other similar sections of a yard separated by a divisor meant to create such an area that are visible from outside the property line.
  6. All shrubs, bushes, ivy, vines, or other similar flora must be trimmed and maintained at a height no greater than the roof line of the home, or 10 feet, whichever is shorter.
  7. The exterior of all homes must be in good condition. Brick, stone, cement, or other similar materials must be cleaned of any mold, mildew, or rust. Painted areas that are peeling, faded, rusted, or have other wear must be repaired.
  8. All brick, stone, cement, or other similar materials on a home must be left in their natural state and may not be painted in any way.
  9. All fences must be kept in good condition, and repaired or replaced when necessary. Wooden fences may be either natural or stained a shade of brown or other natural color. Iron fences may be either black or a shade of brown. Chain-link, vinyl, plastic, or other similar materials are not permitted.
  10. All sheds or other storage buildings must have similar siding, roof, and colors of the home.
  11. All exterior non-structural components of a home, including but not limited to gutters, siding, eaves, trim, doors, and shutters must be in earth-tone colors. Front doors of a home may be a color other than an earth tone, with prior Architectural Committee approval.
  12. All windows on a home must be in good repair, including repairing broken or damaged glass, seals, trim, and screens.
  13. No window-mounted air-conditioners, heaters, fans, filters or other similar equipment may be visible from the front of the home.
    14. House for Sale

    Selling or Leasing your Home?

    If you are planning on selling or leasing your home, please make sure that all prospective buyers are aware of the Bylaws and Covenants of the Association.

    Similarly, if you have recently moved in to the neighborhood, and were not informed by your real estate or leasing agent that there is an HOA, please familiarize yourself with the Bylaws and Covenants.

    Copies of both documents, as well as a wealth of other information about the Maxwell Creek community and the City of Allen is available on the HOA web site.

  14. Materials such as newspaper, foil, sheets, or paper are not permitted after an initial six-week occupancy period has elapsed, however paper fan-folds are permitted as a permanent covering for accent windows. Recommended window coverings are two-inch blinds, shutters, drapes, or curtains.
  15. Satellite dishes and other antennas must not be visible from the front of the home.
  16. Trucks, trail bikes, recreational vehicles, motor homes, motor coaches, campers, trailers, or any other motorized vehicles other than passenger automobiles or pickup or utility trucks with a capacity of one ton or less shall not be maintained, parked, stored or in any way kept or placed on any portion of the Association Properties except in an enclosed garage, unless it is on a driveway in the rear of the property or if screened from view behind a solid fence located behind the building line. This restriction, however, shall not be deemed to prohibit commercial or construction vehicles, in the ordinary course of business, from making deliveries or otherwise providing a service to the Association Properties or for the initial construction by Declarant or other Owners.
  17. Abandoned or inoperable automobiles or vehicles of any kind, except as hereinafter provided, shall not be maintained, parked, stored or in any way kept or placed on any portion of the Association Properties except in an enclosed garage, unless it is on a driveway in the rear of the property or if screened from view behind a solid fence located behind the building line. "Abandoned or inoperable vehicle" shall be defined as any vehicle that has not been driven under its own propulsion for a period of four weeks or longer.
  18. Vehicles of any type may not be maintained, parked, stored or in any way kept or placed on any portion of a yard. Additional parking space must consist of a poured concrete slab, be adjacent to a pre-existing driveway, and may not visible from the front of the property.
  19. No appliances, interior furniture, tools, carpet, toys, or building materials may be kept, stored, or otherwise placed on any portion of a lot which is visible from outside the property line. No fitness equipment, with the exception of permanently installed basketball hoops and backboards in the rear of the property, may be kept, stored, or otherwise placed on any portion of a lot which is visible from outside the property line.

Failure to comply with the guidelines listed herein constitutes a violation of the Covenants of the HOA, which may be addressed and remedied at the sole discretion of the HOA according to the restrictions set forth in Article VI, Section 2.

Fishing Boat

Please note that boats may not be parked on the street! Boats can only be stored in an enclosed garage, on the driveway in the rear of the house, or behind a fence screened from view.

Enforcement Process for Resolving Resident Violations

The purpose of this document is to establish a process for resolving violations of the Covenants or Community Beautification Standards, while still ensuring that all residents are treated fairly and equitably.

This process is to be followed by all agents or other persons acting on behalf of the Villages at Maxwell Creek Home Owners Association. It is recommended to keep the Board and all interested parties (such as the original complaint source and architecture committee) informed at each step of the enforcement process with the progress that has been made. Each step in this process that requires action by the Association should be completed within one business day.

For the purposes of this document, it is assumed that a violation has been reported to the HOA.

  1. Verify whether the violation report is accurate.
    • It is recommended to document the time and date that the violation was reported, as well as by whom.
    • It is recommended to document the time and date that the violation was verified, as well as by whom.
    • It is recommended (if applicable) that a photograph be taken of the violation to file in the report.
  2. If this is the first violation of a particular class (for example, a yard requires mowing, or a boat is parked on the street), mail a friendly reminder to the resident, state the perceived problem, and ask that it be resolved 10 days hence.
    • It is necessary to verify whether the violation has been resolved by the date specified. If it has not been, proceed to the next step.
  3. On all future violations for which a friendly reminder has already been sent, mail a letter to the resident requesting resolution of the problem, and notify them that it must be completed 10 days hence. Additionally, include verbiage that describes actions that may be taken by the HOA to resolve the problem, as well as an estimate of the cost to the resident if they do not resolve the issue before the deadline.
    • An example would be: "Pursuant to Article VI, Section 2 of the Covenants of the Association, the HOA has the right and power to enter onto the premises and perform such care and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any person. If your yard has not been mowed, edged, and trimmed by [date], in accordance with the Community Beautification Standards, the HOA will subcontract a landscaping company to come onto your property to do so. The estimated cost to you is $50 if this work is performed by the Association."
    • If there is a previous violation of a particular class on file for the resident, they may be considered remiss in remedying the previous violation notice. At the sole discretion of the HOA board, the time period available to the resident to resolve the violation may be reduced from 10, but not less than 2 days.
      • This prevents a resident from resolving a violation in order to meet compliance when verified, only to repeat the violation shortly thereafter. For instance, removing a boat from the Association Properties in order to comply with a violation notice, only to bring it back after verification has occurred.
    • It is recommended to use Delivery Confirmation or Certified Mail service from the USPS when sending violation notices.
  4. Record the date and time that the resident received the violation notice.
    • The receive date can be checked online at the USPS web site.
  5. Ten days after the resident received the violation notice, verify whether the problem has been resolved.
    • It is entirely acceptable for the resident to appeal the violation notice. Additionally, there are many valid reasons that the resident may have for not completing the work in a timely manner, including:
      • The resident has been out of town (i.e., vacation);
      • The resident is injured, and unable to complete the work;
      • The resident has experienced a change of life event such as a wedding, divorce, birth, or death in the family.
    • It is recommended (if applicable) that a photograph be taken of the resolved violation to file in the report.

    6. Reduce Crime, Raise Value
    10 Steps You Can Take to Keep Allen a Utopia

    1. Start a Neighborhood Crime Watch program by calling the Police Department for an informational meeting at 972-727-0123.
    2. Report suspicious activity to police.
    3. Park you car inside your garage and keep your garage door shut.
    4. Water and mow your lawn, trim your shrubs, and get the weeds under control.
    5. Read and follow your homeowner association's rules.
    6. Pick up clutter and trash in your yard and greenbelts.
    7. Check out the city codes at www.cityofallen.org.
    8. Replace outdoor lighting and turn the lights on at night.
    9. If your house needs paint, paint it.
    10. Get to know your neighbors so that you recognize strangers in the area.

    This list reprinted from Allen Magazine.
  6. If the resident has not resolved the violation within the time period established in the notice, and has not filed an appeal, then the work will be immediately subcontracted to an appropriate 3rd party (such as a landscaper or towing company).
  7. Once the 3rd party contractor violation has resolved the violation, a bill will be sent to the resident for the cost of the work performed.
    • It is recommended to use Delivery Confirmation or Certified Mail service from the USPS when sending violation notices.
    • If the Association has already completed the work, and the resident's appeal is approved, the HOA will waive the cost of the work that was performed. However, it is expected in most cases that the resident would appeal the violation notice prior to the work being performed.
  8. Record the date and time that the resident received the payment notice.
    • The receive date can be checked online at the USPS web site.
  9. Ten days after the resident received the payment notice, verify whether payment has been received.
    • It is acceptable to wait up to 3 business days after the payment deadline has passed to allow for delays in mail delivery.
  10. If payment for the services rendered has not been received by the deadline, a second payment letter (as above) will be sent for the original amount, and an additional Special Member Assessment will be filed for that resident.
    • There is no set definition for the amount of a Special Member Assessment; it may be filed as a set amount (such as $100), or it may be filed as ongoing interest on the original payment amount, or it may be another amount that is relevant to the nature of the violation.
    • Details about filing a Special Member Assessment are in Article III, Section 5 of the Covenants.
  11. If payment has not been received after a period of one month after the second payment notice, additional Special Member Assessments may be filed as necessary, up until one year after the date the resident received the original violation notice.
    • Once per month, until payment has been received, a payment notice will be sent to the resident detailing the original violation, work that was performed, subsequent requests for payment, as well as the total amount due.
  12. If payment has not been received after a period of one year after the date the original violation notice was received by the resident, a lien will be filed against the property. Additional Special Member Assessments may be filed as necessary once per month, up until two years after the date the resident received the original violation notice.
    • Once per month, until payment has been received, a payment notice will be sent to the resident detailing the original violation, work that was performed, and subsequent requests for payment, as well as the total amount due.
  13. If payment has not been received after a period of two years after the date the original violation notice was received by the resident, the HOA will file for foreclosure on the property. Additional Special Member Assessments may be filed as necessary, until such time as the HOA has been repaid with proceeds from the foreclosure.
    • Once per month, until payment has been received, a payment notice will be sent to the resident detailing the original violation, work that was performed, subsequent requests for payment, as well as the total amount due.
  14. After one year without any violation reports of a particular class (for example, a yard requires mowing, or a boat is parked on the street), the HOA will treat the first such recurrence of a particular class as the first violation of that particular class.

HOA Contact Information

The Home Owners Association and its agents may be contacted in several ways:

We welcome any questions, comments, or concerns you may have. Please include your name and street address on all correspondence in order to expedite a response. Please allow two business days for your call or message to be returned.