The Villages at Maxwell Creek Home Owners Association (3rd Quarter 2004)

Neighborhood Newsletter

Dues Collection Update

Well, when we asked in the last newsletter for ideas to increase turnout at meetings, it seems that we inadvertently did so on our own! It struck a nerve with a number of people when we mentioned in the last newsletter the possibility of raising everyone's HOA dues in order to cover the deficit resulting from the homeowners who had not paid. In fact, we received more questions, messages, and calls about that one topic alone than we have with all the others combined in the last three months!

As has been explained during several homeowner meetings over the last few months and in replies to various messages, as the saying goes, "it takes money to make money". In order to collect the dues we are owed, we must make additional expenses in legal fees, accountant fees, and (at a minimum) paper, envelope, and postage costs.

While we will eventually recover those costs, sometimes it takes years to do so. In order for the HOA to operate in the mean time, we have a couple of options; we can increase everyone's dues, or we can take out a loan from a bank. However, if at all possible, we want to avoid raising everyone's dues to cover other people's debt, and paying off a loan (with interest) amounts to the same thing. If anyone is to be penalized for nonpayment, it should not be the majority of homeowners who paid in good faith.

To that end, we will begin adding a late fee (currently 10% of the total past due amount) to each notice that delinquent homeowners receive after their 2nd notice. In other words, all homeowners receive a dues statement in December. For those individuals who have not yet paid, they will be sent their first late notice on February 1st. They receive their 2nd late notice on March 1st. On March 1st, and for each letter after that, the additional charge will be applied. This would be on top of the existing 18% interest that homeowners already pay, plus any other costs that are incurred (filing a lien, legal fees, etc.) This additional fee would be used to cover our costs of investigating, sending out notices, maintaining the books, postage, etc.

Since we have already passed the point when this would normally begin, this will be effective starting with all homeowners still overdue in August. However, it will not apply to those delinquent homeowners who have previously signed a payment plan agreement.

With all of that said, we are pleased to report that in addition to generating a lot of publicity, we did spur a number of delinquent homeowners to pay up. As of the time of this printing, there are now only 34 homeowners who are still behind in their payments, 2 have signed up for a payment plan, and 17 have had liens filed against their property. The total amount now owed to the Association is $6167.53, of which $1483.50 is late, legal fees and other costs.

Finally, we would also like to remind everyone as well, that as allowed by the Covenants, the HOA had the authority to set dues at $262.35 this year. However, we've been doing our best to keep costs down and manage the financial situation as best we can in order to keep dues well below that. In fact, we're still below the original $172.50 that most homeowners paid when they moved in.

The complete Collection Policy, with far more information, can be found on the HOA web site.

Bimonthly Open Forum Meetings

The next open forum meeting will be held on Monday, July 19th at the Allen Public Library (on McDermott), starting at 7pm. As with previous meetings, there is no specific agenda, the plan is to hold an informal question and answer session, and to help everyone meet their neighbors.

One of the other questions we asked in the last newsletter were ideas for how to increase turnout at homeowner meetings. While not necessarily an answer in and of itself, we received the reverse question in response: What are we as an Association doing to drive people away?

It's a great question, and after a pause to consider the implications, one that deserves looking into. The short answer is that we don't believe we have done anything to do so. Often, people only get involved when it impacts them personally, whether it be in the pocketbook, or their lifestyle.

By itself, that stance makes perfect sense, and everyone can understand it to a degree. We all have other obligations, whether it be work schedule, taking children to activities, or simply a lack of free time. Additionally, there are always going to be people who simply have no interest, and want to be left alone.

But is there anything the HOA may have done to drive people away? We have had a number of people complain that they're upset because they feel the HOA is too stringent in enforcing violations. Conversely, we have also had people complain that they have lost interest because they don't feel the HOA is being stringent enough!

Similarly, we had homeowners on both sides of the recent rezoning issue (covered below) wanting the HOA to represent them. It's obvious from those examples alone that we can never please everyone all of the time.

To that end, in the next month we will be mailing a survey to every homeowner asking for their opinion on a wide array of topics to gauge the general sentiment, interests, and concerns of the neighborhood. Depending on how quickly responses are received, we hope to have the results in the 4th quarter newsletter.

Retail Construction Along Shelley

There has been a considerable amount of activity in the last few months surrounding the zoning change for the new retail construction along Shelley and FM2551. This topic has been discussed numerous times over the last year including the 2003 Annual Meeting, all of the open forum homeowner meetings, was touched on in the 1st quarter newsletter earlier this year, and information about the proposed changes has been available on the HOA website since January of 2003.

When this topic has been discussed in the past it has been favorably received, with people in favor of the additional improvements. Towards the end of May, however, a number of nearby Parker residents were upset over the new development, and flyers were distributed to the surrounding communities encouraging others in the area to oppose the rezoning.

As a result, we received several inquiries from homeowners and residents in our neighborhood, concerned that the increased traffic and potential of alcohol sales at nearby restaurants would be detrimental to the neighborhood. It was requested of the HOA to represent the entire neighborhood in protesting the zoning change.

At the same time, we also received a number of messages from homeowners who wanted the HOA to ensure that the retail development takes place, bringing up the number of people who had complained that the east side of Allen needs some of the "perks" of the west side, increased sales tax revenue to lower property taxes, and other additional arguments in favor that have been brought up at previous meetings.

As a result, as was pointed out to individuals on both sides of the debate, the HOA as an entity cannot represent either side on this issue. The HOA has an obligation to inform homeowners and residents of news and developments that will impact the neighborhood, but it is up to individual homeowners to form an opinion. If the HOA were to represent any particular viewpoint, whether for or against, the opposite group of homeowners would feel disenfranchised.

At least one person was upset at this response, however it does not represent any change in policy from previous behavior; the HOA has held the same stance on other controversial topics in the past, such as the sewer lift station lawsuit, the sewer line construction along Malone, the electric substation construction on FM2551, voting on various propositions, and so on.

During the City Council meeting on May 25th, a number of residents from both Allen and Parker spoke out about the zoning change, with the majority opposed. However, when comparing just the number of citizens from Allen (and excluding the majority of participants who were Parker residents), it was roughly even for and against. By the end of the discussion, the City Council was generally in favor of the zoning change, although they decided to table their final decision until their June 8th meeting in order to allow the developer to codify many of the suggested restrictions (such as town home exterior construction materials, minimum dwelling size, greenbelt dimensions, etc.)

At the following meeting on June 8th, there was a review of the rezoning topic, as well as answers for the concerns raised at the last meeting, including the following questions:

Couldn't they just leave the zoning the way it was? Why was the change even requested?

The old zoning was similar, with both SC (commercial) and R5 (medium density residential). The primary difference between the old zoning and the new was that the previous commercial zoning was split with tracts at both the north- and south-east corners. With the change, those two areas have been merged, and expanded from a total of 25 to 40 acres.

Had the zoning been left unchanged, the developer was not willing to dedicate as much space to greenbelts. Additionally, the smaller commercial acreage would only leave enough space for developments such as the Shell or 7-11 gas stations / strip malls at the corners of Bethany and Allen Heights and Main and Malone, respectively.

The change being approved is strictly one of zoning, with any approvals for building permits and further development to be approved by the Council at a later date.

The roads can barely handle the amount of traffic today, much less with new stores and homes.

Some work (such as new water and sewer lines, extension of Chaparral, greenbelt areas, and ponds) will be completed in advance of the new spaces; the infrastructure must exist first. The development plans as they exist today are looking at a 5 to 8 year time frame. The developer stated during the meeting that the build out would occur over a 3-5 year span once the roads were completed.

Even though the roads are undersized for this development today, the eventual size of the roads (Chaparral being a 4-lane divided, and FM 2551 being a 6-lane divided) were approved by the State several years ago.

As has been discussed at previous HOA meetings, this area is not the only commercial space near our neighborhood. The land at the corner of Malone and Bethany (where the Country Day School is located) as well as Lois's property next door is all zoned commercial. Across the street is also zoned commercial, and is planned to be an Albertson's. The north- (Walgreens) and south-west corners of Bethany and FM 2551 are also zoned commercial. Lastly, there are two major retail areas planned for the intersection of Main and FM 2551.

How could the City change the zoning to allow restaurants to serve alcohol near a school?

The City only sets the zoning restriction and does not choose what type of business develops there — the developer does. In addition, before a (theoretical) restaurant can serve alcohol, it must go through a 45-day public request process. Finally, there are State laws mandating minimum distances between schools and commercial properties selling alcohol.

Why do they have to put town homes?

Due to a number of factors, such as the division of the property by Chaparral and large detention ponds to resolve the drainage and flooding issues, a small (9 acre) parcel of land was separated in the south-east corner. The developer proposed town homes, because it allows them to provide the maximum number of homes while still leaving a large amount of land for use as landscape buffers.

The other proposed uses for the land were apartments (which no one, including the Council or the developer) were in favor of, or a very small (~40 home) single-family neighborhood. However, neither of the alternatives would allow for the large green spaces, or sufficient drainage.

Additionally, the developer has stated that the builder for the town homes has already constructed identical models in a neighborhood in Plano, and that they are selling for between $350-400k each. Both the Council and the developer are hoping that this will encourage other pre-eminent real estate construction.

The new town homes and retail space will be too close to my home.

There will be a minimum 50' spacing (streets and greenbelts) between existing property lines and any of the new areas. Several areas (such as along FM 2551) may have substantially larger spacing between the new development and the property line of existing homes, due to landscaping, easements, and roadways.

The lights from the parking lot at night will be too bright.

The City has written into the zoning ordinance a restriction requiring dark sky style lighting fixtures, which significantly reduce light pollution.

What is going to happen with the new middle school that AISD was planning for the corner of Shelley and Malone?

AISD has decided that they will not need the additional space, so the middle school will not be built. They are currently shopping the land to prospective developers.

Is Malone going to connect to Chaparral?

It is planned to, eventually. The developer of the new area had originally planned to extend Malone directly south to Chapparal. However, the City of Parker (which borders Malone on the west) has decided that they don't want to extend it yet. Their current plan is for Malone to slide 500-1000' west into Parker, and then connect with Chapparal, however that won't be done for several years.

Finally, after the zoning change was approved by the City Council, two residents of our neighborhood who were vehemently opposed made a statement that they "would never send a dime of our [their] HOA dues to pay for this development". We're not sure where these residents got the impression that the HOA be responsible to pay for any changes or upkeep related to the zoning change or the new development. Their responses at the time were that the developer had stated that the "new developments and green belts would be maintained by the surrounding neighborhoods".

As was pointed out to these residents (and discussed in depth at the May 25th meeting), the developer was referring to the new neighborhoods — Shelley Farms HOA, the town homes' HOA, and the retail property owners association. Our HOA owns no property that would be developed on, is not responsiblew for any property under consideration for development, and could not be forced to maintain any additional property being proposed for development.

Replacement of Bylaws & Covenants

After having worked with (and through) the existing Bylaws and Covenants for the last few years, the Board is proposing a vote to replace the existing Bylaws of the Association, Declaration of Covenants, Conditions, & Restrictions, and to amend the Articles of Incorporation (the "Documents"). We have attached a proxy form to the end of the newsletter that can be returned to the Association with your vote.

The existing Documents were created by the developer of the neighborhood (Sowell Property Partners, named as "Declarant" in the Documents), with large sections concerned with satisfying the needs of the developer and were not intended to serve the Association after the initial development, construction, and marketing of the property. For example, there are sections that provide specifications for how the neighborhood entrance fences were to be built, allowing construction trailers on lots, and several areas giving the developer voting rights in excess of the homeowners.

In addition, many sections of the Documents are ambiguous and unclear (and written in legalese), leaving much open to individual interpretation.

By replacing the existing Documents, we would be able to, in effect, start over and provide clean, clear, consistent, and every-day-person readable documents. Additionally, we would be able to reflect the current state of the neighborhood, and exclude information no longer relevant.

Copies of both the existing Documents and the proposed replacements are available on the HOA web site, http://www.maxwellcreek.org/hoa/documents/. The proposed versions of the Documents are still under heavy development, and will likely change significantly by the time of the final vote early next year.

Lawn Survival During Hot Months

Dry summer months can be very rough on our lawns. While we realize that hot weather can quickly turn a green lawn to brown in a few days, regular watering and fertilization can remedy the damage of the summer sun.

Our Covenants require that we keep our landscape maintained "in a well-maintained, safe, clean and attractive condition at all times".

In order to keep the community looking great, follow these suggestions for keeping your yard full and green.

• Thatch to reduce compaction
• Aerate your lawn
• Reduce or eliminate nitrogen fertilizer and increase potassium fertilizer
• Water the lawn deeply late at night or early in the morning
• Sharpen your mower blade two or three times per season
• Mow so you never remove more than the top third of grass blades
• Raise the mowing height 25 percent or more
• Leave clippings on the lawn
• Reduce traffic on the lawn
• Increase watering on areas near buildings and other heat-reflecting surfaces, as well as high or sloped areas.

Resolving Conflicts Between Neighbors

Conflict is a common part of living near other people. But when conflict arises, we often try to avoid dealing with the other person. If these situations aren't resolved they can grow into stressful problems. A neighborhood issue may not be covered by the law. Even if it is, you may attempt to resolve your issues without involving an enforcement office or court. Such an approach can save hard feelings, and offer additional possibilities for solutions. Here are some suggestions for resolving issues; experience has shown they really can work.

Ahead of time:

• Plan on talking to the person with whom you have the problem, assuming that there is not threat of physical violence. It's the two of you who need to work out the solution. Direct conversation is much more effective than sending a letter, banging on the wall, throwing a rock or complaining to others.
• Think ahead about what you want to say. Be able to explain what the problem is and how it affects you. For instance, the noise bothers you because your bedroom is next to the driveway and the arrival of the carpool van wakes you up.
• Choose a good time to talk to your neighbor. You want a block of time when neither of you has to rush off to work or has just had an exhausting day.
• Find a comfortable spot. A quiet place where you won't be disturbed, perhaps with a cup of tea or coffee, can make it easier to talk and listen.
• Have a positive attitude about working together with your neighbor to find solutions. Using unfriendly language or blaming the other person for everything makes it harder for him or her to hear you and understand your concerns.

Think of your problem as a challenging puzzle that the two of you can solve. While you talk:

• Give information about your feelings regarding the situation and how it affects you. For instance, "When your vines grow over my fence I get frustrated, because I can't reach them myself and I can't afford to hire someone to prune." Don't start with your own opinion of what should be done, or interpret the other person's behavior: "You just think of yourself and don't care about me or my yard."
• Listen to your neighbor's comments on the situation without being critical. Relax and try to learn and understand how that person feels. You may not agree with some things, but show that you hear what he or she is saying and that you appreciate the willingness to talk it over. Use phrases like "I'm interested in your view on this, too." or "This is how I see it - how do you see things?"
• Talk it through, getting out all the issues and feelings. Don't leave out the part that seems too hard to discuss or too small to be important. Your solution will work best if everything is talked over thoroughly.
• Consider possible options to remedy the problem. Be creative in thinking up solutions, and discuss which ones you both think could work well. Two or more people cooperating are much more effective than one person telling another to change.
• Be clear and specific about a solution you can both agree and comply with. For instance, "I will bring my dog in by 9:30 p.m." is more clear than "I won't leave my dog out late anymore."
• Follow through. Agree to check with each other at specific times to make sure that the agreement is working, and do so. Keep your agreement!

From: http://www.ci.vancouver.wa.us/chservices/mediation/Neigb_neigb_M.htm

Committee Updates

Architecture Committee

Although there are several homes that continually have maintenance problems, we've been pleasantly surprised that there haven't been nearly as many homes with out-of-control landscaping in the last few months, and as a result have not needed to send out as many violation notices. We ask everyone to please continue your hard work on beautifying your yards, even though the hot summer weather makes it difficult to do much work outside.

Speaking of the hot summer weather, please remember that our Covenants require everyone to maintain their yards with sufficient watering and fertilizing.

The chairperson of the Architecture committee is Robert Butler.

Landscape Committee

The wooden fence along Bethany and Maxwell Creek has been repaired, cleaned, and restained, and is looking much better. We're still gathering quotations for adding electricity and lighting around the entrance signs, however we're having trouble getting responses since most companies aren't interested in a job this small.

The grass along Malone seems to be doing slightly better, with far fewer "completely obvious" weeds growing than earlier in the year. The grass itself is slowly spreading as well, and we're hoping that the summer heat won't cause too much of a problem. The weeds in the other Common Areas along Shelley and Maxwell Creek have also died back considerably.

We had the City replace three of the new trees along Malone that had died, and we're doing our best to help all of them get off to a good start. The worst enemy so far has been the wind, which is causing several trees to develop quite a bend in the upper branches.

Several homeowners have asked about adding additional "entrance-style" landscaping around the intersections of Oak Brook, Bur Oak, and Malone. We're looking into this, but want to concentrate our limited funds and resources on helping the other new landscaping get established first.

Several members of the committee have resigned in the last year, and we are in need of additional members. If you're interested in volunteering, please contact us!

The chairperson of the Landscape committee is Stephanie Butler.

Social Committee

The neighborhood garage sale in May went pretty well, and there was quite a crowd of people who drove through the neighborhood. We placed advertising in the Dallas Morning News, Allen American, Plano Star Courier, and McKinney Messenger, which surely helped drive people to our area.

We don't have any big events scheduled in the next few months, however we are considering whether to hold another neighborhood garage sale in the fall, and of course are coming up with ideas for the Halloween party in October.

Several members of the committee have resigned in the last year, and we are in need of additional members. If you're interested in volunteering, please contact us!

The chairperson of the Social committee is Mandy Diercks.

Kid's Corner

We added a new section to the HOA web site in May just for the children in our neighborhood with games and puzzles, and articles of interest just for them. Each week we'll add a new puzzle, and then show the solution for it the following week. Check it out at http://www.maxwellcreek.org/kids/ !

Secrets of Fireflies

It's a sure sign of summer when you can see fireflies lighting up the night. So, why do fireflies give off light? It's simple! The ones flying around are the males, and the females sit in the brush and respond by flashing their lights. This is how they find each other.

Another reason for the light is that it tells birds and other insects that fireflies aren't a good meal. Like the orange color of a monarch butterfly, or the yellow stripes on a wasp, the light on the end of a firefly lets predators know to avoid eating them. The chemicals that make the light are bitter. Birds don't like to eat them, and predator insects will begin eating the head and work their way back and drop the abdomen.

A third reason why fireflies light up is to warn other fireflies of danger. Distressed insects almost always attract insects of the same species. If fireflies are caught in a spider web they will begin distress flashing to warn others. They'll do the same thing if they are caught and put in a jar. Nevertheless, frogs have been known to gorge on a summer feast of fireflies until they themselves begin to glow.

In the United States there are more than 170 species of fireflies; worldwide there are more than 1,900 known species, and they are found on every continent except Antarctica. Each species of firefly is different. For example, many species of fireflies that come out in the daytime don't have lights at all, but use their scent, or pheromones, to attract mates. In some species the females are wingless, and they rely on their lights to attract the flying males to their location.

Different species also have particular habitats that they prefer. Some are found primarily over open fields, other occur only in wooded areas, and some reside near bogs and marches. Some flash primarily at dusk and stop when it gets dark, while others don't begin flashing until later when it is very dark.

Different species of firefly can even have different colors of light. For example, the genus Photinus have a yellow flash, Photuris have a green flash, and Pyractomena have an amber flash. Part of the fun is learning to distinguish the different types of flashes.

Many firefly species tend to be found around water such as ponds, streams, marshes or even depressions, ditches, etc., that may retain moisture longer then surrounding areas. However, fireflies can also be found in very dry regions of the world as well.

Why do fireflies light up?

Their yellow glow is a product a substance called luciferin (which reacts with oxygen) and is used as a form of communication. This section of their bodies which lights up is usually about half of a firefly's total weight.

What do the fireflies do during the day?

The spend their days in the bushes. They still glow during the daytime, but in the light, you can hardly see their glow.

Now (July) what are the fireflies doing?

Now they are laying eggs. Just one firefly produces about 500 eggs.

Where do they lay their eggs?

On the undersides of leaves. They remain eggs for about 10 days. Then, with the help of a rainy day, they become larva and then they head towards running water.

Do fireflies sleep?

Just like everyone else, fireflies sleep. Around 9 o'clock, their glow fades and they go to sleep.

Almost 100% of a firefly's light is given off as light. By comparison, a normal electric light bulb only gives about 10% of its energy as light, with the remaining 90% wasted as heat.

Letters From Homeowners

We've decided to start a new section in the newsletter, and include selected letters that the HOA has received, both good and bad. We invite everyone to write in with any questions, comments, or concerns you may have, and we'll do our best to respond as soon as possible.

To that end, letters will not be published unless specifically approved by the writer. We welcome letters from any point of view. Letters must be less than 500 words, and we reserve the right to withhold letters which are abusive, malicious or potentially libelous. While we will not publish letters from groups endorsing political candidates, we will carry letters discussing candidates and campaign issues. All material is subject to editing for length and clarity before publication.

There are no letters from homeowners for this edition of the newsletter. We received a number of letters, but did not receive permission to reprint them.

HOA Contact Information

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

• Through the HOA web site, at http://www.maxwellcreek.org/,
• By emailing the officers of the HOA, at officers@maxwellcreek.org,
• By calling or faxing the HOA at (972) 739-5221.
• Through U.S. postal mail at:
  Villages at Maxwell Creek HOA
  P.O. Box 2265
  Allen, TX 75013

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.

Is there anything that you've wished to know more about or is there something you would like to share with other association members? If you want to suggest a topic, write an article, make a suggestion or even correct a mistake, please contact us at newsletter@maxwellcreek.org! The deadline for all submissions is the end of the first month for each quarter-year.