Understanding MFPOA’s Meetings

Apr 5, 2025 | 0 comments

Understanding MFPOA’s Meetings: Notices and Who They Pertain To

The McFarland Farms Property Owners’ Association (MFPOA) operates under a set of rules called the Amended Code of By-Laws. These By-Laws outline how meetings are conducted for both the members of the Association and the Board of Directors, including who gets notified and how. Whether you’re a homeowner in McFarland Farms or interested in how the HOA functions, this article breaks down the meeting structure, notice requirements, and who these notices apply to, based on the By-Laws.

Overview of MFPOA Meetings

MFPOA, which governs McFarland Farms, holds two main types of meetings:

  1. Meetings of Members: These involve all property owners (and potentially Associate Members, if established) and include annual and special meetings where big decisions—like electing Directors or voting on special assessments—are made.
  2. Board of Directors Meetings: These are for the five-member Board, which manages the Association’s day-to-day affairs, sets annual fees, and makes rules for shared spaces like parks and recreational facilities.

Both types of meetings have specific notice requirements in the By-Laws, ensuring transparency and participation. Let’s dive into each type of meeting.

Meetings of Members: Who Gets Notified and How

Article IV of the By-Laws covers meetings of members, detailing the types of meetings, their purpose, and the notice process.

Types of Member Meetings

  • Annual Meeting (Section 4.02): Held every February, this meeting is for electing Directors (whose two-year terms have expired) and handling other business, like discussing community issues or budget updates. Missing the meeting doesn’t dissolve the Association—it can be rescheduled.
  • Special Meetings (Section 4.03): These can be called by:
    • The President.
    • A majority of the Board of Directors (three out of five).
    • Members who collectively hold at least 50% of the votes (based on one vote per lot, as implied by the voting structure in Section 4.05 and the Declaration of Restrictions).

Notice Requirements for Member Meetings (Section 4.04)

  • Who Gets Notified: Notices go to every person (or group of people) who owns a numbered lot in McFarland Farms. This includes:
    • Individual lot owners.
    • Co-owners of a lot (e.g., a couple owning as joint tenants, tenants in common, or tenants by the entireties). The notice is sent to the group as a single unit.
    • Membership Context (Article III, Section 3.01): Membership is limited to McFarland Farms property owners, and the Board can create Associate Members (though none existed as of 2011). If Associate Members are established, they’d likely get notices too, since they’re included in membership privileges (Section 3.03), but their voting rights would depend on the Articles of Incorporation.
  • How Notices Are Sent:
    • Notices must be written or printed, stating the place, day, and hour of the meeting.
    • For special meetings (or when required by law, the Articles, or By-Laws), the notice must also state the purpose (e.g., “to vote on a special assessment for a new pool”).
    • The Secretary delivers or mails the notice at least 10 days before the meeting.
    • Notices go to the address the member provided to the Association. If you haven’t given an address (as you don’t have to live in McFarland Farms), the Secretary uses the best-known address (likely your lot’s address).
  • Waiving Notice: You can skip the notice requirement by:
    • Signing a waiver (before, during, or after the meeting) and filing it with the Secretary.
    • Attending the meeting in person—your presence waives the notice requirement.

Who This Pertains To

The notice requirement applies to all lot owners, as they’re the voting members of the Association (Article III, Section 3.01). For example, if McFarland Farms has 422 lots (as mentioned in prior context), notices would go to the owners of all 422 lots, whether that’s one person per lot or multiple co-owners. Co-owners get one notice per lot, not per person, since they share one vote (Section 4.052). This ensures every voting member knows about the meeting and can participate in decisions like electing the Board or approving special fees.

Board of Directors Meetings: Who Gets Notified and How

Article V covers the Board of Directors, including their meetings and notice requirements. These meetings are separate from member meetings and focus on the Board’s management duties.

Types of Board Meetings

  • Annual Meeting (Section 5.03): Held right after the members’ annual meeting in February, this is for organizing the Board, electing officers (like the President and Treasurer), and handling other business. Missing the meeting doesn’t dissolve the Association.
  • Special Meetings (Section 5.04): These can be called by:
    • The President at any time.
    • Any two Directors (out of five) via a written request.

Notice Requirements for Board Meetings (Section 5.05)

  • Who Gets Notified: Notices go to each of the five Directors on the Board. No one else—like regular members or Associate Members—gets these notices, as Board meetings are for internal management, not general membership decisions.
  • How Notices Are Sent:
    • Notices must be written or printed, stating the place, day, and hour of the meeting.
    • The Secretary delivers or mails the notice at least three days before the meeting.
    • Unlike member meetings, the purpose of the meeting doesn’t need to be stated (unless the Board has a separate policy requiring it).
  • Waiving Notice: A Director can waive the notice by:
    • Signing a waiver (before, during, or after the meeting) and filing it with the Secretary.
    • Attending the meeting in person—their presence waives the notice requirement.

Who This Pertains To

The notice requirement for Board meetings pertains only to the five Directors (Article V, Section 5.01). Regular members don’t get notified because these meetings focus on the Board’s duties, like setting the annual HOA fee (by April 1 each year, per Section 5.082) or making rules for parks and streets (Section 5.09). However, members can indirectly influence these meetings by electing Directors at the annual member meeting or calling a special member meeting to address concerns.

Does the Member Meeting Notice Pertain to Board Meetings?

No, the notice requirements for member meetings (Article IV, Section 4.04) do not apply to Board of Directors meetings. Here’s why:

  • Separate Articles: The By-Laws clearly separate the notice rules:
    • Section 4.04 applies to “meetings of members,” targeting lot owners.
    • Section 5.05 applies to “meetings of the Board of Directors,” targeting only the Directors.
  • Different Audiences: Member meeting notices go to all lot owners (potentially 422 notices if there are 422 lots), while Board meeting notices go to just the five Directors.
  • Different Timelines: Member meetings require 10 days’ notice, while Board meetings require only three days’ notice.
  • Different Purposes: Member meetings are for big community decisions (e.g., electing Directors, approving special assessments), while Board meetings are for operational management (e.g., setting fees, making rules).

The only overlap is that the Board’s annual meeting happens right after the members’ annual meeting (Section 5.03), so Directors are already present. But the notice for that Board meeting still follows Section 5.05, not Section 4.04.

Special Case: Quorum for Special Assessments

For member meetings about special assessments or operating deficits (Section 4.055), the quorum rules differ. The By-Laws refer to the Declaration of Restrictions (Instrument 89-5437, Marion County Recorder), specifically Paragraph 12D. From the Declaration you provided:

  • A quorum requires 60% of all votes (one vote per lot) at the first meeting (e.g., 253 out of 422 lots).
  • If that fails, a second meeting can be called (with 30-60 days’ notice), needing only 30% (127 lots).
  • Notices for these meetings must be sent 30-60 days in advance, unlike the 10-day rule for regular member meetings.

This doesn’t affect Board meeting notices—it’s a specific rule for member meetings on financial votes.

Practical Implications for McFarland Farms Residents

  • For Members: You’ll get a notice at least 10 days before any annual or special meeting, mailed to your provided address. This is your chance to vote on Directors or major decisions. If you co-own a lot, you’ll share one notice and vote with your co-owners. Make sure the Secretary has your current address, or you might miss out.
  • For Directors: You’ll get a notice at least three days before Board meetings, which focus on running the Association. These aren’t public meetings, so members won’t be notified or invited unless the Board decides to open them (not required by the By-Laws).
  • Transparency: Members can inspect the Association’s records (Article VII, Section 7.01), including meeting minutes, to see what the Board decides. You can also attend the annual member meeting to voice concerns or run for the Board.

Conclusion

The MFPOA By-Laws ensure both members and Directors are properly notified of their respective meetings, but the processes are distinct. Member meeting notices (10 days, to all lot owners) are about community-wide participation, while Board meeting notices (three days, to Directors only) are for internal governance. Understanding these rules helps McFarland Farms residents stay engaged and ensures the Board is and has been operating transparently within its mandate.

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