Frequently Asked Questions

Summary
Below is a list of common questions that have been asked of the HOA. This document will change periodically as it is revised. The last date that modifications were made to it was Friday, August 17 2007 @ 3:41pm. (4736 words)

Issues along Bethany Drive

When is the City going to landscape the medians on Bethany near our neighborhood?: The City does not have any plans at this point for adding additional landscaping on Bethany east of Allen Heights. The current stretch of Bethany is no more than four lanes, the City is not planning to add new landscaping until the road requires further expansion to six lanes. Once the additional construction is completed to expand from four- to six-lanes, landscaping will be installed; this construction is not anticipated until 2010 at the earliest.
What's happening with the additional retail being constructed along Bethany in front of our neighborhood?: We haven't received any updates on this information in some time. The last news we heard from the City in 2003 was that an Albertson's was planned for the northeast corner of Bethany and Malone. However, this may no longer be the case due to the recent zoning change along 2551. See this question for more information.; Additionally, the two lots on the southeast corner of Bethany and Malone (what used to be the Country Day School) and Lois' property are both zoned commercial, so it is probable that additional light retail will eventually be constructed there as well.

Issues along Malone Road

Is it possible to get speed bumps installed on Malone or Bur Oak? A lot of people drive too fast on those streets.: We asked the city about this back in 2001, but it turns out to be against city policy:
Speed humps installation is still a controversial topic and there is a great deal of debate in transportation engineering circles to slow down traffic by using speed humps. Problems from the installation of speed humps, such as vehicle damage, street maintenance, slowing down emergency responding vehicles (fire trucks and ambulance), and inconvenience brought to the local residents, are still unsolved. Although there are a couple of cities in the DFW Metro area which have started speed humps installation policies to control speeding problems, complaints and objections from local residents have been continuously received by these cities.
We have asked the city to increase the number of police patrols on those streets, as well as occasionally setting up a temporary radar trailer. In late January, we also asked the city to install speed limit signs in the alleys, as we have received many complaints about people driving well above the 10 MPH limit.
If you have any questions or concerns about traffic issues, the city contact is Stanton Foerster at (972) 727-0175.
What is going to happen with the empty field along Malone?: The empty field along Malone road (due west of Bur Oak, Briarhollow, Woodhaven and Fir Harbor) is actually located in the City of Parker. There have been (to our knowledge) no plans announced for any development or construction in this area.
The weeds and grass in the field along Malone Road are too high!: The City of Parker is responsible for maintaining this area, and has been called repeatedly about the high grass and weeds. If you are concerned about the maintenance in this area, please contact the City of Parker.
Can a fence be added along Malone to block all of the noise and traffic?: See this question for more information.

Issues along Shelley Drive

What is happening with the retail development along Shelley?: As of December 2006, we have been informed by the City that none of the retail development is currently being planned or scheduled due to a lack of funding by the original developer.; For information about future retail development, please see this 3rd quarter 2004 newsletter article. In late October 2004, we contacted David Hoover with the City for an update on this project. No new changes or construction have been approved, except for the zoning changes mentioned in the newsletter article. The developer is working on logistical issues but nothing has been finalized yet.; The construction of a new residential development is currently in progress in the field directly south of our neighborhood along Shelley. Originally, this plat of land was owned by the AISD (for a proposed, then rejected middle school), but came up for sale and was sold to a homebuilder.

Neighborhood Entrance Signs / Fences

Can the neighborhood entrance signs be enhanced with lighting / flowers / landscaping?

During the summer of 2005, lighting was installed on both of the main neighborhood entrance signs. An additional electrical outlet was also installed for use when displaying holiday decorations, if there is sufficient interest. Also, a large project was completed in November 2005 to re-landscape the center median on Maxwell Creek Dr.

In past years, the landscape company has planted seasonal flowers around the entrance signs. Unfortunately, most people never saw them due to (especially at the entrance on Shelley) a 6-inch to 1-foot height difference between the top of the bed and the stone ledge. We believe that problem to be resolved.

Eventually, we would like to enhance the entire landscaping installation around each of the main entrance signs.

Why are the fences in the Bethany and Shelley entrances different?

The fences were constructed by the original property developer, Sowell Property Partners. It is not known why differing materials were used in their construction.

Can the entrance fences be replaced or changed so that they look similar?

We have investigated this several times. Many homeowners have requested that we either:

Tear down the wood fence and put up brick;
Tear down the brick fence and put up wood;
Tear down both fences and replace with iron;
Cover both fences with ivy or bushes.

The costs involved in any of these (except the last) have been quoted at anywhere from $80,000 to $350,000. In order to pay for this expense, the HOA would need to impose a Special Assessment of at least $265 per homeowner on top of the normal Annual Assessment. The Special Assessment would need to be approved by a vote of the majority of homeowners.

A short-term solution to the dispute would be the addition of landscaping. However, this would increase the rate at which the fences deteriorate, meaning that replacement will be required sooner than usual.

It is most likely at this point that the fences will remain as they are until it becomes time to replace one or both due to age, which will not likely occur until at least 2010, if not later.

Can a fence be added along Malone to block all of the noise and traffic?

We have looked into the cost of adding fencing along Malone, however (like the above question) it is cost prohibitive.

The HOA is slowly working on adding landscaping along Malone that will help absorb the traffic noise, as well as improve the appearance.

When will landscaping be added to the entrances along Malone?

There are no official "neighborhood entrances" along Malone, simply two side-street entrances from Oak Brook and Bur Oak. Similarly, there are not "neighborhood entrances" on the east end of Hackberry Branch or Bur Oak from the Arbor Lakes neighborhood.

That being said, at the request of several homeowners, we are considering adding some small landscaping additions to the Oak Brook and Bur Oak intersections on Malone, such as decorative boulders, bushes and flowers.

See this question for more information about landscaping in the cul-de-sacs.

General Common Area Landscaping Questions

Is landscaping going to be added to the cul-de-sacs?: We are investigating adding sidewalks and small landscaping additions such as decorative boulders, bushes and flowers.; We are currently requesting bids for the installation of sidewalks. The addition of landscaping work is currently on hold, please see this question for more information.

HOA Dues / Annual Assessments

What am I paying HOA dues for?: See the 2007/2008 budget.
If I sell my house during the year, are the remaining HOA dues refundable?: There are no refunds on HOA dues, and the current homeowner is responsible for payment of dues for the full year. However, when selling your home, usually your title company or Realtor will have the new homeowner pay the association dues, and a prorated amount is refunded to you.
What methods of payment are accepted by the HOA?: The HOA accepts payment by either personal or cashiers check. Cash payment is not accepted. As of December 2006, the HOA is also now accepting payments made via PayPal, which allows for payment made via a credit card.; Payments made via PayPal should be sent to paypal@maxwellcreek.org and must include a 4% surcharge to cover the associated processing fees that PayPal charges the HOA.
Can my HOA dues be paid out of our house's escrow account?: We're sorry, but the HOA is not currently set up to handle those types of payments.
Is there a payment plan available, so that I pay $X per month, rather than one large sum in January?: The Covenants of the Association require payment in full on the due date, January 1st. However, the Board of Directors has decided to offer the option of a payment plan for homeowners who are unable to pay the complete amount by the due date.; An owner may also request to meet with the Board in executive session to discuss a payment plan. However, the Board will consider payment plan requests on a case-by-case basis and is under no obligation to grant payment plan requests.
The homeowners who haven't paid their dues should have their names and addresses printed in the newsletter so that everyone knows who it is!: It has been requested many times, and the HOA has considered this, however there is the potential of legal liability or libel / slander cases being brought against the HOA from an owner who is named.
What are the business hours and location of the records of the Association, where any member can review the records of the association?: The Association currently maintains only a PO Box and does not have a business office. A courtesy phone call or email to any of the board members will facilitate an invitation to review the records of the association.; If copies are requested, the cost is $.25 per page, which must be paid in advance at the time of the request.; In general, most of the records of the Association are available online, and are already viewable on the web site.

Local Community / Area Surrounding the Neighborhood

Why aren't our property values rising faster?: The average national rate for increases in value is around 2-3% annually. Texas, overall, is slightly below that at around 1.5%-2.5% annually.; Our neighborhood was established in late 1999, and since then, after our neighborhood was completed, four additional neighborhoods with similar size houses and lots were constructed. With so many new residences available in such a small area, it causes the rate of increase in value to lessen.
Why doesn't the east side of Allen get all the perks of the west side, in terms of restaurants, stores, parks, elaborate neighborhood entrances, and so on?: While more of a City and general economic issue than anything relating to the HOA, the simplest explanation is that the homeowners on the west side of Allen tend to be more involved in the community, both in the neighborhood as well as in city events.; For example, we had 25 people (from about 15 homes) attend the March 15th open forum meeting. At the meeting on April 12th, to which every homeowner in the neighborhood received a mailed invitation and proxy statement, as well as reminders posted in the signs at all of the neighborhood entrances, we had only 33 (out of 303) homeowners attend. In contrast, HOAs on the west side of Allen typically has at least 25-30% of the neighborhood attend their meetings.; This spills over into community activities as well; residents on the west side are more active in lobbying the City for services, and in attracting businesses to their area. It's essentially a reversal of the "Field of Dreams" effect: if you participate, they will build it. And the effect tends to snowball; once there is one successful business in the area, another will build next door to capitalize on the other's traffic.

General Questions

Can the HOA organize and hold additional social events (such as poker night, movies night, block parties, etc.): In the near future, much of the organization, scheduling, and notification for these events can be handled on the HOA web site. In general, most of the events mentioned do not require a cost to the Association. The hindering point behind many activities continues to be that that none of those events are possible if people aren't willing to get involved and volunteer.
Are there any sex offenders living in our neighborhood?: At this time (August 2007), there is one known sex offender living in the neighborhood at 1721 Woodstream Ln. Additionally, there are several other individuals living in the surrounding area. We recommend checking the Texas Department of Public Safety web site for updates periodically.
Are there any other criminals living in our neighborhood?: We don't have that information available. We recommend checking one of the public information web sites (such as PublicData.com) if you are interested in that information.

Older Questions, No Longer Relevant

What is happening with the construction along Malone?
What is being done about all of the weeds in the common areas? The strip along Malone Road is horrible!
When is / why isn't the HOA doing more to clean up the grassy area along the alley of Woodstream near the empty field for the new elementary school?
When is the elementary school going to be built?
What's the status of the lawsuit with the city about the sewage lift stations?
We have noticed several groups of people driving through the fields south of Shelley, causing a mess all over the road. What can be done?
We keep hearing someone shooting their guns and hunting early in the morning!

Older Questions, No Longer Relevant

What is happening with the construction along Malone?: Please see this 2nd quarter 2004 newsletter article for more information.; In late October 2004, we contacted Steve Massey with the City for an update on this project. Below is his response:
I sent the update that appears below to NTMWD (the water district) for approval two weeks ago. My plan is to send it out to all residents who signed up for the automatic updates on this subject on the city website. I'm considering NTMWD's silence as their concurrence since you have asked me the question!

As you will read below, the start date is now in Feb 04, but they will start at the Bethany Road-FM2551 intersection and work west, then south to the Junction Structure at Malone and Summerside. Malone Road that goes into Bethany Ridge Estates / Villages at Maxwell Creek will be closed during the boring operation under Bethany and during the time they are digging up the southbound lane on Malone going towards the Junction Structure. They will be placing excavated materials on the other lane (northbound lane of Malone Road) for removal from the site.

"The purpose of this e-mail is to provide an update to those residents that signed up to receive e-mail updates concerning the new North Texas Municipal Water District (NTMWD) 60-inch sewer line that will parallel an existing 60-inch sewer line that runs from the intersection of Malone Road and Summerside Drive through east and northeast Allen to the Wilson Creek sewer treatment plant.

North Texas Municipal Water District has received the engineering firm's 50% project design. The current schedule is to advertise the project on November 10 and open bids on December 8. The recommendation for construction contract award will go to the NTMWD Board of Directors meeting on December 16. Giving consideration to the holidays, it is expected that the Notice to Proceed to the construction firm that is selected to build the project will be issued late January 2005.

NTMWD's specifications will require the Contractor to start construction at the FM 2551 intersection with Bethany Road and place the 60" sewer pipe to the west on the north side of the existing two lanes of Bethany Road. The line will then be built south on Malone Road to the Junction Structure at the Summerside Drive and Malone Road intersection. This sequencing will allow the City to begin the completion of the other two lanes of Bethany Road from Malone Road to FM2551 at the earliest possible date.

This first phase will probably start in late February 2005 after delivery of 60-inch sewer pipe. During the time the contractor is placing the pipe along Bethany Road, the contractor will also be boring for the 60-inch sewer line at the Bethany Road and Malone Road intersection. This boring operation will require the closure of Malone Road at the Bethany Road intersection because the bore pit will be placed in a portion of Malone Road. We expect Bethany Road to stay open during the boring and construction operations.

Following this initial construction effort, the Contractor will probably start construction at the Wilson Creek treatment plant on Lake Lavon and install the 60" line uphill to the west towards FM1378 and the Country Brook subdivision. It is too early to project exactly when construction through Country Brook and then to the south towards Main Street and Bethany Road will happen."; The City has recently updated the timeline information for the installation of the sewer line along Bethany and Malone, as well as the expansion of Bethany in front of the neighborhood:
Malone Road will be closed for approximately two months, while the pipeline is installed along Malone Road, south of Bethany. Anticipated start of construction is February 1, 2005 and is expected to start along Bethany Drive first. The segment of the project between FM2551 and the junction structure along Malone is expected to be complete by March 31, 2005. Once NTMWD finishes the installation of the pipeline along Bethany Drive, the City of Allen plans to begin the widening of Bethany from Malone to FM 2551. The widening of the roadway will be phased such that one-lane each direction will be provided throughout all phases of construction - so that East Bethany will not have to be entirely closed.

The project should be completed by Spring, 2006.; The construction project has been delayed again slightly. We received this update from the City on February 9th:
The North Texas Municipal Water District had a preconstruction meeting with their contractor (SJ Louis) last Friday (Feb 4) that will be performing the work. Their estimated schedule is to start as soon as possible and be complete with the installation along Bethany by March 31.

The installation of the pipeline along Malone Road, which will require the closure of Malone, is yet to be determined. The City of Allen is urging NTMWD and SJ Louis to consider doing this work immediately following the installation along Bethany.

If they are able to meet our request, it will permit us to immediately follow their work with paving improvements to both Bethany and Malone, which the City of Allen already has designed and is ready to implement.
What is being done about all of the weeds in the common areas? The strip along Malone Road is horrible!: The HOA signed a contract with Chemlawn for weeds, fertilizer, and insecticide in all of the common areas. Although we had a company treat all of the common areas for weeds several times during 2003, obviously that treatment wasn't working very well, hence the change.; It appears at this point that the Chemlawn treatments are working very well, as many of the weeds have died and the grass is filling in.
When is / why isn't the HOA doing more to clean up the grassy area along the alley of Woodstream near the empty field for the new elementary school?: The property in question is neither owned nor maintained by the Villages at Maxwell Creek HOA -- it's owned by the Arbor Lakes HOA (the neighborhood "next door" with homes built by Woodhaven and First Texas). We have registered several complaints with the Arbor Lakes HOA, as well as the city of Allen, and some cleanup has been done. Ultimately, we have no jurisdiction over that property, and cannot make changes nor should we pay for the maintenance of property that we do not own.; It is likely that the AISD will plant grass and take over maintenance of that area once the school has been built. See this question for more information about the school.
When is the elementary school going to be built?: The AISD Board of Trustees was seeking suggestions for the naming of Elementary School #13 in September 2004. At their November 29, 2004 meeting, the Allen ISD Board of Trustees voted to name elementary school #13 in honor of Carlena Chandler, a former Allen High School educator and graduate.; At the October 25, 2004 Allen ISD Board of Trustees Meeting the Board authorized the sale of $27 million in bonds to be sold in January 2005. The bonds will partly be used for construction of elementary school #13 (the new school in Arbor Lakes at Bur Oak and Woodstream). The bonds were approved by voters in September 2002 and September 2003.; The new Carlena Chandler Elementary School will open in August 2006 at the intersection of Bur Oak Drive and Water Oak Drive in the Arbor Lakes Subdivision.
What's the status of the lawsuit with the City about the sewage lift stations?: To the best of our knowledge, as of January 2006, the suit has been settled and is over.; The HOA is not involved with or a party in the lawsuit (although several homeowners in our and other nearby neighborhoods are), so we don't really keep tabs on it. For information purposes, the case number in District Court is 416238402. The attorney for the plaintiffs is Trey Dyer at Godwin Gruber, (214) 939-4400. The defense attorney for the City of Allen is Andy Messer, (469) 633-1133. There are other defendants with other attorneys, but they all seem to be working in unison.; The gist of the lawsuit is that the various homebuilders in the area did not disclose (or dissembled) the existence of two sewer lift stations, either of which could potentially release toxic gases, including hydrogen sulfide, as well as raw untreated sewage. Additionally, the claim is made that various municipal departments or contractors should not have zoned or approved the construction of residences in the vicinity of the lift stations.; There are 80 plaintiffs (50+ homes) from three subdivisions, including ours. As of March 2004, all of these plaintiffs had stipulated that their are no longer odors or hydrogen sulfide in their homes or on their property. It seems the basis for the suit now is misreprentation and non-disclosure of the lift stations, although that could always change.; In a related note, the HOA received several queries in 2005 about another lawsuit regarding the City and the construction of area amenities (such as a park) In fact, there was a another, different HOA that filed that suit, and our neighborhood was somehow confused as being part of that suit as well. This confusion may be due to the concerns expressed by some homeowners about the zoning change along Shelley.
We have noticed several groups of people driving through the fields south of Shelley, causing a mess all over the road. What can be done?: Most of the activity is taking place on private property belonging to Dawnell Shelley, and the HOA has no jurisdiction. We recommend that residents call the Allen Police Non-Emergency number (214) 509-4321.
We keep hearing someone shooting their guns and hunting early in the morning!: One of the homeowners (in Parker) just south of our neighborhood is an avid hunter, and this activity has been going on for years. It has been reported repeatedly to both Allen and Parker police departments, but, apparently, nothing can be done.; Due to the upcoming construction, the field south of Shelley was cleared of most of the trees and foliage that previously absorbed this noise. Once the neighborhood begins to be built, it is extremely unlikely the hunting will continue, and the problem will disappear.