| Frequently Asked Questions (FAQs) |
This is a collection of Frequently Asked Questions (FAQs) about proposed updates to Stonewood HOA documents. The revisions are designed to clarify and modernize guidelines for the neighborhood. The updates also are intended to correct questionable wording, ensuring that the HOA governing documents are legally sound.
To read the complete text of all proposed revisions, click the “Documents” link above or go to: https://stonewoodmaitland.com/docs
Am I giving up my property rights?
No. Homeowners associations exist to serve the common interest of all residents of the neighborhood, as outlined in Section 720 of Florida Statutes (HOA law). The proposed revisions in Stonewood’s governing documents comply with this law. The revised documents would have the same legal status as those in effect when you bought your property – which all residents agree to obey. The restrictions do not cancel or nullify any of your rights as a homeowner, citizen, and resident of the United States of America.
Were the documents properly drafted? Were they reviewed?
Your neighbors on the HOA board of directors and documents committee reviewed the proposed revisions line-by-line to ensure they were fair and accurate. An attorney who specializes in HOA legal matters was consulted to assist in writing language that would accurately express the desires of residents that were expressed at the annual membership meeting.
Why are changes proposed for the bylaws and articles of incorporation?
Parts of these documents were inconsistent with the deed restrictions, which were last changed in 2006. In addition, a section of the articles of incorporation was inconsistent with the association bylaws. The proposed revisions address these discrepancies and resolve confusion about which document is correct.
Will my HOA dues increase?
Proposed language does not change the amount of the annual assessment (dues) paid by homeowners. Dues will continue to be based on what’s needed to pay the expenses of the HOA. The proposed documents impose a lower limit on the amount of dues increases from year to year than the one currently in effect.
Will the documents affect my property value?
Based on recent sales history, current restrictions have not undermined property value or hampered sales in the neighborhood. The proposed revisions are designed to help maintain property values by ensuring that our community is well-maintained and attractive. We want to make sure our neighborhood continues to be a great place to live!
Will this limit what I can do with my house? Do I need approval for remodeling?
Nope! You’re free to perform remodeling or refinishing projects inside your home without restrictions. Exterior projects do not require advance review or approval by the HOA. The revised documents include an expanded list of materials for fencing and roofs. (Materials restrictions already exist in our current documents.)
Do the documents permit newer technology, such as solar panels?
Absolutely! State law protects installation of solar panels, clotheslines, and other energy-saving devices. The proposed language is consistent with these laws.
Do the proposed revisions give new enforcement powers to the board?
Basic enforcement measures, including liens and foreclosure, already exist in our current documents. The same powers are carried forward to the proposed revisions. In each case, a homeowner would have to have incurred multiple, repeated violated violations and then failed to pay fines and/or costs to the HOA before any balance could be submitted for a possible lien.
Liens and/or foreclosure could not begin without a verified financial obligation that exceeds stated limits. These could only occur after multiple notices, invoices, and potential appeals by the homeowner. As required by state law, all appeals would be heard by an independent panel of Stonewood residents not connected to the HOA board. A property might proceed to foreclosure only if unpaid assessments were upheld on appeal, leading to a lien which also remained unpaid, permitting the HOA to attempt to collect the balance through a court proceeding. Owners would have the opportunity to plead their case before an unbiased authority at every stage.
Why is the appeal process for violations, fines, liens, etc., not spelled out in the documents?
The appeal process is part of the state law that governs associations such as Stonewood HOA. That law is incorporated in the documents “by reference” – that is, without repeating the full text of the law. You may read the law here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720ContentsIndex.html
Why can only a few people make decisions for the HOA?
Under our current bylaws, the HOA board is elected by all Stonewood homeowners, each year. The board is required by law to maintain a fiduciary relationship to the association members (homeowners). Your unpaid, elected board members must always act in the best interest of the community.
Current documents specify that a majority of directors must be present to conduct business (a quorum). This same standard appears in the proposed language. A majority of that quorum is required to decide most business matters. In other words, the minimum number of directors who can decide any issue remains the same in the proposed documents.
What are the next steps?
Revisions to governing documents require a vote by homeowners. Each property is entitled to one vote. For changes to deed restrictions, signed statements of consent must be received from 75 percent of the property owners.
For proposed changes in bylaws to take effect, at least two-thirds of the members voting in the membership meeting must approve. Changes to the articles of incorporation require approval from a majority of HOA members.
How do I vote?
Articles of Incorporation and Bylaws
To vote yes or no on the proposed amendments to the articles of incorporation and bylaws, you may submit the BLUE form labeled “Limited Proxy” that was included in the mailing to all property owners. This proxy vote will be cast and recorded on your behalf during the Special Membership Meeting on Dec. 4.
If you no longer have the limited proxy, here is a copy of the blank form:
Limited Proxy for Dec. 4 meeting
To vote in person, attend the meeting:
Stonewood HOA Membership Meeting
7:00 p.m. on Dec. 4, 2023
Eastmonte Civic Center
830 Magnolia Dr.
Altamonte Springs, FL 32701
To be valid, proxies must be received before the meeting on Dec. 4.
Notice of Restrictions on Real Estate (deed restrictions)
To support the proposed revisions to deed restrictions, you must sign, date, and submit the IVORY Approval and Consent form included in the mailing to all property owners.
To be valid, the form must include the names and signatures of all registered property owners. To be valid, forms must be returned by February 20, 2024.
To withhold support for the proposed revisions, do not return the form.
When is the deadline for voting?
Limited Proxy votes for or against proposed revisions to the bylaws and articles of incorporation must be received before the Special Membership Meeting at 7 p.m. on Dec. 4.
Approval and Consent forms agreeing to the proposed revisions to deed restrictions must be received by Feb. 20, 2024.
If approved, when would these revisions take effect?
Revisions will be effective 30 days after approval of the proposed documents.
I have a question that’s not answered here. What do I do?
We’re happy to help answer any additional questions you may have. Please send them to stonewoodhoafl@gmail.com or call us at 407-720-8010. We’ll update our FAQ page on the Stonewood website with answers to any new questions at: http://stonewoodmaitland.com/faq/