Home Owners Association Frequently Asked Questions

What is a Homeowners Association (HOA)?

In the United States a homeowner association is a corporation formed by a real estate developer for the purpose of marketing, managing, and selling of homes and lots in a residential subdivision. It grants the developer privileged voting rights in governing the association, while allowing the developer to exit financial and legal responsibility of the organization, by transferring ownership of the association to the homeowners after selling off a predetermined number of lots. Membership in the homeowners association by a residential buyer is typically a condition of purchase; a buyer isn't given an option to reject it. Most homeowner associations are incorporated, and are subject to state statutes that govern non-profit corporations and homeowner associations. State oversight of homeowner associations is minimal, and mainly takes the form of laws which are inconsistent from state to state.

Since 1964, homeowner associations have become increasingly common in the US. The Community Associations Institute (CAI) trade association estimated that in 2012 HOAs governed 50-52% of the 323,600 communities, 25.9 million individual housing units and 63.4 million residents within those communities that have associations. The CAI estimates that 15-25 percent of common-interest communities are self-managed, meaning they do not employ an onsite manager or use the services of an association management company. An estimated 2 million volunteers serve on community association boards, with tens of thousands more serving as committee members. The estimated annual value of the time devoted by board members and other resident volunteers to their community associations is $850 million. According to one estimate, about 26 percent of the eligible U.S. population volunteers at some point during a year; community association leaders volunteer continuously during a year—a large percentage of them for several years.

When was the Stonefield Crossing Homeowners Association started?

The Stonefield Crossing Homeowners Association was incorporated in the State of Illinois by SRS Construction Development, Inc. when it began to construct single family housing in the subdivision. During that period SRS Construction Development, Inc. also filed the Stonefield Crossing Covenants, Restrictions and Bylaws with the State of Illinois, Office of the St Clair County Recorder. Chester L. Shelton was the President of the Stonefield Crossing Homeowners Association, and he and Ricky Reid were also the Architectural Control Committee for the subdivision.

In 2010 Stonefield Crossing homeowners were informed that SRS Construction Development, Inc. vacated the responsibility for managing the Homeowners Association, which subsequently had a negative impact on all home and property owners. Maintenance of common areas was no longer being performed, property taxes on common areas were no longer being paid, common area electric bills were past due and there was no longer an Architectural Control Committee in place to govern improvements made to existing properties and empty lots in the subdivision.

During the months of August and September 2010 Coy Mullenix and Pamela Mackin made door-to-door visits to every homeowner in the subdivision announcing the need to hold a meeting of homeowners. On September 14, 2010 seventy-seven Stonefield Crossing Subdivision homeowners gathered to discuss the foreseeable future of the Stonefield Crossing subdivision and decide the direction that homeowners wanted take. Discussions included the potential for declining property value if common areas are no longer maintained, the potential tax sale of common areas, and no governance of improvements made to properties and empty lots. A motion was made for the homeowners to take responsibility for the Stonefield Crossing Homeowners Association by electing a board of directors and board members to manage the Association. An immediate election ensued which resulted in appointing a President, Secretary, Treasurer, and 6 Board of Directors to manage the Stonefield Crossing Homeowners Association. Those members served until the Annual Meeting of Members was held to elect or reelect the ensuing year officers and directors. The first Annual Meeting of Members was held October 4, 2011.

Am I a member of the Stonefield Crossing Homeowners Association?

If you are an owner of a lot in the Stonefield Crossing subdivision; acquire a mortgage, deed, deed of trust, or title to a lot in the subdivision; then you are a member of the Stonefield Crossing Homeowners Association. Your membership is appurtenant to and may not be separated from ownership of the lot.

How are the Stonefield Crossing Homeowners Association Board of Directors and Officers elected?

The call for candidate nominations to the Board of Directors is sent to members of the Homeowners Association before the Annual Meeting of Members. Qualifying candidates are presented to, and elected by, Members in Good Standing during the Annual Meeting of Members. At the ensuing Board of Directors Meeting, members of the Board elect the Officers (President, Secretary and Treasurer). More details on the process can be found in Article V of the Stonefield Crossing Homeowners Association Covenants and Restrictions, and in Articles III and IV of the Bylaws, which is Exhibit B to the Covenants and Restrictions.

How are committees to the Stonefield Crossing Homeowners Association established and managed?

The Board of Directors designates committees to serve the Homeowners Association. Additional information can be found in Article VIII of the Stonefield Crossing Homeowners Association Bylaws, which is Exhibit B to the Covenants and Restrictions.

When are the Stonefield Crossing Homeowners Association meetings conducted?

The Annual Meeting of Members is held during the first week in October at 6:30 PM as specified in Article III, paragraph 3.3(a) of the Stonefield Crossing Homeowners Association Bylaws. One or several Special Meetings of Members may also be held at any time throughout the year as specified in Article III, paragraph 3.3(b) of the Stonefield Crossing Homeowners Association Bylaws. Written notification for the Annual Meetings of Members is delivered either personally or by mail to members of the Association not less than 10 days prior to the scheduled meeting date. Written notification for Special Meetings of the Members is delivered either personally or by mail to members of the Association not less than 5 days prior to the scheduled meeting date.

What type of business is conducted during the Annual Meeting of Members?

Though not all inclusive, the following activities are conducted, and information presented, during the Annual Meeting of Members:

• • A review of business and activities conducted by the current administration during the calendar year.

  • A review of the current year Homeowners Association Financial Statement of Activities.

  • Motions from the members of the Association on action to be taken by the ensuing calendar year Board of Directors, followed by a vote from Members in Good Standing.

  • A vote on the Homeowners Association Estimated Cash Requirement for the ensuing year to establish the Annual Assessment Fee for members of the Association.

  • An election of Members in Good Standing to the Board of Directors for the ensuing year.

Can I attend the Stonefield Crossing Homeowners Association Annual Meeting of Members?

All members of the Stonefield Crossing Homeowners Association are encouraged to attend the Annual Meeting of Members.

Who is eligible to vote during the Annual or Special Meetings of Members?

Members of the Stonefield Crossing Homeowners Association that are Members In Good Standing may vote during the Annual or Special Meetings of Members. Members In Good Standing are members of the Association who are not in default of the Covenants and Restrictions, to include its annexes. Refer to Article V of the Stonefield Crossing Homeowners Association Covenants and Restrictions and Article III of the Bylaws for additional information on voting eligibility, the number of votes that are accepted for each lot, and your options to cast a vote (i.e. proxy).

When is the Stonefield Crossing Homeowners Association Board of Directors Meeting conducted?

As a minimum, the Board of Directors Meeting is conducted every calendar quarter. Over the past 3 years the Board of Directors met more frequently than once every calendar quarter. The dates for Board of Directors Meetings are posted to the calendar on the Stonefield Crossing Homeowners Association website, and have recently been published on the back page of the Stonefield Crossing Homeowners Association Quarterly Newsletter.

Am I required to pay the Stonefield Crossing Homeowners Association Annual Assessment Fee and any special assessment levied by the Board of Directors?

Each member of the Stonefield Crossing Homeowners Association is obligated to pay the Annual Assessment Fee and any special assessment as levied by the Board of Directors. If you are an owner of a lot in the Stonefield Crossing subdivision; acquire a mortgage, deed, deed of trust, or title to a lot in the subdivision; then you are a member of the Stonefield Crossing Homeowners Association. Refer to Articles V and VI of the Stonefield Crossing Homeowners Association Covenants and Restrictions and Articles III and VI of the Bylaws.

Am I required to comply with the Stonefield Crossing Homeowners Association Covenants and Restrictions, including the Bylaws?

Each member of the Stonefield Crossing Homeowners Association is obligated to comply with the Covenants and Restrictions, including the Bylaws which are Exhibit B to the Covenants and Restrictions. If you are an owner of a lot in the Stonefield Crossing subdivision; acquire a mortgage, deed, deed of trust, or title to a lot in the subdivision; then you are a member of the Stonefield Crossing Homeowners Association.

Can I fish in the retention pond?

The Stonefield Crossing Homeowners Association Board of Directors does not endorse fishing in the retention pond. If you do so it is at your risk. The embankment at the retention pond is steep on 3 slides and loss of foot traction poses a risk of sliding into the pond. There are two signs posted to warn people not to walk on the embankments.

Furthermore, because the retention pond is the termination point for water runoff leading into the storm drains within our subdivision, it contains chemicals found in typical runoff from fields, yards, and streets (i.e. motor oil, road salt & alternatives, fertilizer, weed killer, detergents, etc.). The retention pond is also treated with herbicides and algaecides to reduce the growth of nuisance vegetation and algae on the surface of the water. DO NOT consume any fish that are caught in the pond.