Frequently Asked Questions
Answering Your Questions
New and existing residents may have questions about the Aviary HOA itself. Questions can concern a wide range of topics. Here, we offer a range of frequently asked questions and answers. If your question especially concerns the Aviary HOA’s Declaration of Covenants, Conditions, and Restrictions (DCC&Rs), rules and/or policies, please don’t hesitate to reach out to our management company for answers not listed here.
A2: The BOD is responsible for the oversight of the HOA. The BOD is required to work within the confines of Aviary HOA DCC&Rs, State Law & Board Policy. Members of the BOD are elected by homeowner vote at the HOA annual general meeting. The BOD hosts and attend board meetings as well as the annual meeting. All meetings, except for executive sessions, are open. Meetings are announced via eBlast in advance so interested homeowners can attend.
A3: Currently the annual assessment fee is $460 per year per household.
Please contact our management company to discuss options that may be available on an as needed basis in cases concerning financial hardships.”
If the annual assessment is not paid-in-full and received by January 31 of the current year, late/collection fees will be assessed. These fees will compound until all outstanding balances are paid in full.
Yes, additional collection fees are charged by our management company under the management contract. Late/collection fees are charged to the HOA in advance and paid collectively by all members via the Aviary HOA budget. The late/collection fees are then charged to the late paying member’s account and will be recouped during the collection process.
Currently, our management company charges the following later/collection fees:
- Month 1: $25 late fee, plus a $5 reminder notice fee
- Month 2: $25 late fee, plus a $45 demand letter fee
- Month 3: $25 late fee, plus a $100 final demand letter fee
- Month 4: $25 late fee, plus a $150 intent to lien fee
- Month 5: $25 late fee, plus a $200 lien filing fee
- Month 6: $25 late fee, plus $375 collection warning fee
- Monthly 7: The account will be forwarded to 3rd party collections and starts incurring legal fees. When 3rd party collections receive the account, there is a $150 fee. After that, collections costs is based on actual time/work involved. The delinquent account will also continue to incur an ongoing monthly late fee of $25s.
** If the delinquent account is not sent to 3rd party collections, the account will continue to incur a $25 late fee and $25 attorney fee each month until resolved
Referrals to attorney, Liens, Lawsuit & Foreclosure fees vary and get expensive quickly.
Yes, the collections policy is governed by State Law, DCC&Rs documents and board policy. The policy governs the issuance of Reminder Notices, Second Notices, and an Internal Demand Letter. After these notices, if collection efforts continue to be unsuccessful, the delinquency is forward to the Aviary HOA attorney to begin the further collection process, property liens, lawsuits up to & including property foreclosure. As with collection fees, attorney fees are paid in advance collectively by all members via the Aviary HOA budget and then recouped during the legal process. Attorney fees vary and get expensive quickly.
The HOA Board of Directors (BOD) contracts with a management company for day-to-day management of the Aviary HOA.”
All permanent property changes (including spas, swimming pools, solar panels, trellises, paint & roof color changes, etc.) are subject to the DCC&Rs of the Aviary HOA. Changes require review and approval by the Architectural Control Committee (ACC). Please submit a Property Modification ACC Form using the online form or print the form and mail it to the management company.
Portable hoops cannot be left in the street or permanently affixed to easements. They must be kept close to the garage. For permanent installation, ACC approval Is required. Please submit a Property Modification ACC Form.
Boats, boat trailers and/or other types of trailers cannot be kept in the driveway, or on the street, or visible in the backyard. No boat or any type of trailer shall be left in public view.
ACC approval is required concerning flagpoles. Please submit a Property Modification ACC Form
ACC approval is required for landscape changes or additions of ornamental statues or sculptures. Please submit a Property Modification ACC Form
ACC approval is required for outdoor play equipment. Please submit a Property Modification ACC Form
No antennas or exposed wires should be visible to the public, and all wires shall be contained within the structure. Satellite dishes must be mounted on the backside of the home and require ACC approval. Please submit a Property Modification ACC Form
In Murphy, Texas, residential sidewalks in the public right-of-way are generally maintained and repaired by the City's Public Works Department. The City manages a Sidewalk Rehabilitation Program to address hazardous sidewalk conditions.
No signs allowed, except for sale, builder signs, school signs, and election signs.
Storage and other type sheds and outbuildings are allowed in your backyard as long as they are not visible to the public from the street fronting the residence. Please submit a Property Modification ACC Form to ensure you adhere to proper positioning and lot fit.” The City of Murphy also regulates outbuildings. We also recommend you contact the city for approval.”
The HOA does not own or manage streetlights.
Please call Farmers Electric Cooperative at 1-903-455-1715 or report via FEC website.
Please contact our management company for Certificate Disclosures.”
The park space and roads are maintained by the City of Murphy.
Please call the city at (972) 941-7000 or use their website to report an issue.”
Please message the HOA via our messaging form Connect With The Aviary HOA.