Announcements

Avian Woods HOA – Summary of Covenants & Community Guidelines
Posted on Aug 21, 2025

Avian Woods HOA – Summary of Covenants & Community Guidelines  (Rev 08/2025)
 
NOTE: This summary is not a replacement for the Declaration of Covenants, Conditions, and Restrictions for Avian Woods, recorded February 28, 2006, in Logan County. Please refer to the original document for all legal matters. This summary is intended only to assist homeowners in understanding their responsibilities.
 
HOMEOWNER RULES
 
Architectural Approval & Building Standards
  • All exterior changes, including fences, retaining walls, paint, driveways, and additions, must be approved by the Architectural Committee. (Art. 4.1–4.3)
  • Minimum home size: 1,500 sq ft (1 story), 1,800 sq ft (2 story). (Exh. B, Item 1)
  • Roof must be a minimum 7/12 pitch and at least 25-year shingles in 'weatherwood' or similar color. (Exh. B, Items 2 & 3)
  • At least 80% of the home exterior must be brick, stone, stucco, or drivit. (Exh. B, Item 4)
  • Driveways must be concrete. Asphalt and blacktop are not allowed. (Art. 4.3.3n)
  • Mailboxes must be brick or stone to match the home and include a concrete address block. (Art. 4.3.3n; Exh. B, Item 6)
  • Fences must be made of wood, PVC, or vinyl-coated chain link and may not exceed 6 feet in height. No fencing is allowed between the front property line and the front setback line. (Art. 4.3.3i)
  • Outbuildings must be approved and may not exceed 1,200 sq ft. If used for vehicle storage, a concrete pad and driveway is required. (Art. 4.3.3r)
  • No Prohibited Structures (defined as trailer, tent, modular or pre-fabricated home, mobile home, shack, garage or other outbuildings) may be used as a residence. (Art. 4.3.3g)
  • No visible storage of building materials except during active construction. Materials must not be placed in the streets. (Art. 4.3.3l)
  • Trash containers shall be screened from view from the street; no outdoor burning of trash or other waste is allowed. (Art. 4.3.3p)
  • Propane tanks must be buried completely underground or not visible from the road. (Art. 4.3.3s)
Architectural Review Procedures
  • Owners must submit an application before starting any improvements. (Art. 4.3.2)
  • Applications must include site layout, exterior design, materials, drainage, lighting, fencing, etc. (Art. 4.3.2)
  • Applications may be obtained on our website or by emailing info@avianwoodshoa.com.
  • Reviewer decisions may be subjective and are final. (Art. 4.3.2)
  • Approval expires if work does not begin within 120 days. (Art. 4.3.2)
  • No waiver of future enforcement applies, even if similar projects were approved in the past. (Art. 4.4)
  • Variances may only be granted in writing for topography, hardship, or similar justification. (Art. 4.5)
Activities Within Dwelling
  • Activities that create costs for the HOA or other owners, generate excessive noise or traffic, pose a health or safety risk, or create unsightly or annoying conditions are prohibited. (Art. 3.4.6)
  • No business, trade, or commercial activity is allowed on any lot. (Art. 3.4.6)
  • No inoperable or junk vehicles may be kept unless garaged. (Art. 3.4.6)
Parking Rules
  • Vehicles must be parked on a concrete driveway or in a garage. (Art. 4.3.3j)
  • No trailers, boats, RVs, campers, or similar vehicles may be parked forward of the front building limit. (Art. 4.3.3j)
  • No vehicles may be parked or stored on the street. (Art. 4.3.3j)
Animals
  • No animals, livestock, or poultry of any kind allowed except dogs, cats, or other common household pets. (Art. 4.3.3k)
  • Pets must not be a nuisance, pose danger, or be bred for commercial purposes. (Art. 4.3.3k)
  • Pets must be confined to the owner's property or accompanied on a leash. (Art. 4.3.3k)
Lot & Property Maintenance
  • Owners must keep their lots free of weeds, brush, high grass, trash, and debris. (Art. 4.3.3m, 4.3.3q; Art. 5.2)
  • If an owner fails to maintain their lot, the HOA may perform the work and charge the owner. (Art 5.2 & Special Assessment Art. 6.14)
  • In the event of damage to or destruction of structures on a lot, Owner shall promptly repair or reconstruct in a manner consistent with original construction or plans approved by the Architectural Committee. (Art. 5.3)
  • Owners must carry insurance for the full replacement cost of home improvements. (Art. 5.3)
Drainage
  • Every lot is subject to easements for natural cross-drainage. Owners may not alter natural drainage in ways that increase runoff onto neighboring properties. (Art. 7.4)
  • Drainage channels under the roads are maintained by the HOA; all other drainage channels are the responsibility of the lot owner. (Sec. 4.01–4.02)
Assessments & Dues
  • Homeowners are obligated to pay assessments, and late payments may incur interest, late fees, and a lien on the property. (Art. 6.13–6.17)

 
HOA GOVERNANCE OVERVIEW

Function of the HOA
  • The HOA is responsible for the management, maintenance, and enforcement of the Covenants. (Art. 6.1)
  • The HOA maintains Common Areas: Entrance signage/flowerbed and white fencing, Park on the corner of Hawkeye & Rock Dove, two vacant “un-buildable gas” lots on Rock Dove, Roads, and Drainage ditches under the roads. (Art. 6.5)
  • The Board of Directors/Officers is responsible for budgeting, collecting assessments, funding reserves, and maintaining insurance. Required policies include a blanket policy with full replacement cost for Common Areas (except land), general liability, and errors/omissions coverage for the Board. (Art. 6.6, 6.12)
Membership & Voting Rights
  • All homeowners automatically become members of the HOA when they purchase a lot. (Page 39, Art. 3.01)
  • Each lot gets one vote, regardless of the number of owners. (Page 42, Sec. 5.02)
Assessments & Financial Management
  • Base/annual Assessments are due by January 31 each year. (Art. 6.13)
  • The Board of Directors/Officers may increase the Base/annual Assessment up to 10% annually without a vote. Greater increases require approval by 2/3 (70 votes) of all homeowners. (Art. 6.12)
  • Special Assessments may be levied for large expenses, like repairs, with approval from 2/3 (70 votes) of the membership. (Art. 5.14; Sec 6.04)
  • Specific Assessments can be charged to individual lots for violations or owner-specific costs (Art. 6.15)
  • Unpaid assessments may result in interest charges, late fees, and liens. (Art. 6.16–6.17)
  • Voting on major assessment changes (Art. 6.05): Any vote to increase the Base/annual Assessment above 10% (Art. 6.03) or to approve a Special Assessment (Art. 6.04) requires written notice to all members at least 15 but not more than 30 days before the meeting. A quorum of 60% of all homeowners (63 of 104) is required at the first meeting. If quorum is not met, a second meeting may be called with the same notice requirement, where quorum is reduced to 30% (31 homeowners). At either meeting, the proposal must still be approved by a two-thirds (2/3) majority of members who vote in person or by proxy.
  • Base/annual Assessment  History:
    • 2008-2022  $240/year
    • 2023-2024  $264/year
    • 2025 - $290/year
Annual & Special Meetings
  • An annual meeting must be held at least once per year. (Page 43, Sec. 7.02a)
  • Special meetings may be called by the President, the Board, or at the request of 10 members. (Page 43, Sec. 7.02c)
  • Meeting notices must be mailed 10–15 days in advance. (Page 43, Sec. 7.02b & d)
  • A majority of members constitutes a quorum at any meeting except those involving an increase in Base/annual Assessment or Special Assessment. (Page 43, Sec. 7.02e; Section 6.05)
Board Structure & Responsibilities
  • The Board of Directors/Officers is composed of 3 members elected annually. (Page 44, Sec. 7.03a & b)
  • The Board of Directors/Officers fills vacancies and may remove a director who is no longer a member. (Page 44, Sec. 7.03c)
  • The Board of Directors/Officers manages HOA affairs, funds, rules, and enforcement. (Page 45, Sec. 7.04 & 7.05)
Officer Duties & Term Length
  • Officers include President, Vice President, and Secretary/Treasurer. (Page 45, Sec. 7.06)
  • Officers are elected annually by the Board of Directors/Officers after the member meeting. (Page 44, Sec. 7.03d)
  • Directors/Officers receive no compensation but may be reimbursed for expenses. (Page 44, Sec. 7.03i)
Committees & Appointments
  • Committees may be formed at the Board’s discretion to manage specific areas. (Page 45, Sec. 7.04e)
Rule Enforcement & Fines
  • The Board of Directors/Officers may issue fines for rule violations after notice and opportunity to cure. Fines may accrue monthly until corrected. (Art. 6.7)
Dispute Resolution
  • Disputes between members or with the HOA must go through good-faith negotiation and mediation before court action. (Art. 8.1)
Amendments
  • The Covenants may be amended by an affirmative vote of 2/3 (70 votes) of all homeowners (70 homeowners). (Art. 9.2)
  • Amendments become effective upon recording with the county. Any procedural challenges must be made within 3 months of recording. (Art. 9.3)