Special Meeting Policy

May 5, 2025

Policy for Members Calling a Special Meeting
McFarland Farms Property Owners’ Association, Inc.

Purpose: To outline the procedure for members to call a special meeting, specifying that 10% of 422 lots equals 43 lots for petition signatures and quorum, limiting petition circulation to 30 days before submission, defining the 60-day active period post-submission, clarifying signature rules for joint owners, and providing a standardized petition form structure, in accordance with the Amended Code of By-Laws dated December 18, 2012.

Policy:

  • Authority to Call a Special Meeting
    • The President can call a special meeting of members
    • Two Board members can call a special meeting of members
    • A special meeting of the members may be called by a written petition signed by qualified voting homeowners representing at least 10% of the 422 numbered lots in McFarland Farms, which equals 43 lots (Section 4.03).
    • The petition must clearly state the specific purpose of the meeting (e.g., removing a Director, discussing a special assessment).
  • Circulation and Submission of Petition
    • Circulation Period:
      • The petition must be submitted to the Board of Directors within 30 days from the date of the first signature collected to ensure timely action and prevent prolonged circulation (e.g., 90 days).
      • Each signature must include the date signed, lot number, and homeowner name to verify compliance with the 30-day circulation period.
      • If the petition is not submitted within 30 days of the first signature, it is deemed invalid, and a new petition must be initiated.
    • Signature Requirements:
      • The petition must include signatures from qualified voting homeowners representing 43 distinct lots. Qualified voting homeowners are members in good standing who:
        • Own a numbered lot in McFarland Farms (Section 3.01).
        • Are not delinquent in any annual or special assessments (Section 1.06).
        • Are not in violation of the Declaration of Restrictions of McFarland Farms (Instrument No. 1989-5437, Section 1.06).
      • One Signature Per Lot: Only one signature per numbered lot counts toward the 43-lot threshold, regardless of the number of owners (e.g., tenants in common, joint tenants, or tenants by the entireties). If multiple owners of a lot sign (e.g., both joint owners), only one signature is counted, as determined by:
        a) Mutual agreement among co-owners, documented in writing if possible;
        b) The first valid signature listed if no agreement is provided; or
        c) A written majority agreement among co-owners in case of dispute, aligning with voting rules in Clause 4.052.
    • Verification: The Secretary or designated officer will verify signatures using the Association’s records of lot ownership (Section 6.07), financial accounts (Section 6.09), and compliance with the Declaration of Restrictions. Verification confirms:
      • Signatures represent 43 distinct lots.
      • All signers are in good standing.
      • All signatures were collected within 30 days of the first signature.
    • Delivery: Petitions must be delivered to the Association’s registered office or directly to the Secretary, with contact details available through the Indiana Secretary of State (Section 2.02). Proof of submission (e.g., email receipt, certified mail) must be retained.
  • Board Response and Timeline
    • Upon receiving a valid petition with signatures from 43 lots, the Board must send out a notice of the date, time, and place for the special meeting within 30 days (Section 4.03).
    • If the Board fails to issue the notice within 30 days, any member who signed the petition may:
      a) Set the date, time, and place for the special meeting within Marion County, Indiana (Section 4.01); and
      b) Send out the notice to other members, per Section 4.04.
  • Petition Activity Duration
    • A petition is considered active and valid for 60 days from the date of submission to the Board (e.g., delivery to the Secretary or registered office), unless the special meeting is scheduled or held within that period.
    • Active Status Trigger: The petition becomes active upon submission, as this initiates the Board’s 30-day response obligation (Section 4.03). For example, a petition submitted on June 5, 2025, is active until August 4, 2025.
    • If the Board does not act within 30 days, and a signing member schedules the meeting, the petition remains active until the meeting is held or the 60-day period expires, whichever occurs first.
    • If the 60-day period lapses without a meeting, the petition becomes inactive, and a new petition must be submitted, subject to the 30-day circulation limit.
  • Notice Requirements
    • Notices for the special meeting must state the place, day, hour, and purpose, delivered or mailed to each member (or group constituting a tenancy) at least 10 days before the meeting, via U.S. Mail or email (if opted in) to the member’s provided address (Section 4.04).
    • Members may waive notice in writing or by attending the meeting in person.
  • Voting and Quorum
    • Voting: Voting follows Section 4.05 and Clause 4.052:
      • Single Owner: The owner casts the vote for the lot.
      • Multiple Owners: One owner casts the vote unless another objects; if co-owners disagree, a majority must agree for the vote to be valid, mirroring the petition signature rule.
    • Quorum: A quorum requires the presence (in person, by proxy, or by attorney-in-fact) of owners representing at least 10% of the 422 numbered lots, or 43 lots, unless the meeting involves special assessments or operating deficits, which follow Paragraph 12 of the Declaration of Restrictions (Sections 4.054, 4.055).
  • Petition Form Structure
    The following standardized petition form must be used to ensure compliance with the above requirements. It facilitates verification of signatures, lot representation, and the 30-day circulation period.

Petition Form to Call a Special Meeting
McFarland Farms Property Owners’ Association, Inc.

Instructions:
This petition is to call a special meeting of the MFPOA, as permitted under Section 4.03 of the Amended Code of By-Laws. The petition requires signatures from qualified voting homeowners representing at least 43 distinct lots (10% of 422 lots). Only one signature per lot counts, even if multiple owners (e.g., joint tenants) sign. Signatures must be collected and submitted to the Board (via the Secretary or registered office) within 30 days of the first signature. The petition is active for 60 days from submission unless the meeting is held sooner. All signers must be in good standing (not delinquent in assessments, not in violation of the Declaration of Restrictions).

Petition Purpose:
[Specify the purpose of the special meeting, e.g., “To vote on the removal of a Director” or “To discuss a proposed special assessment for community improvements.”]

Submission Details:

    • Submit to: [Secretary’s Name, if known, or “MFPOA Secretary”], McFarland Farms Property Owners’ Association, Inc., [Registered Office Address, available via Indiana Secretary of State, or email if provided].
    • Proof of submission (e.g., email receipt, certified mail) should be retained.
    • Submission Deadline: Within 30 days of the first signature date below.

Signature Table:
By signing below, I certify that I am a qualified voting homeowner in good standing for the listed lot, not delinquent in assessments, and not in violation of the Declaration of Restrictions. Only one signature per lot counts toward the 43-lot threshold. For lots with multiple owners, the signature represents the lot’s agreed-upon position (per mutual agreement or majority rule, Clause 4.052).

Lot Number Homeowner Name Signature Date of Signature Good Standing (For Board Use)
[e.g., 25] [Full Name] [Signature] [MM/DD/YYYY] [ ] Verified / [ ] Not Verified
[Continue for at least 43 rows to accommodate required signatures]

Additional Notes for Lots with Multiple Owners:

    • If multiple owners (e.g., joint tenants) wish to sign, attach a written statement confirming mutual agreement or majority approval (per Clause 4.052). Only one signature per lot will be counted.
    • Example: For Lot 25 with two joint owners, only one signature counts unless a written majority agreement is provided.

Verification Instructions for Board/Secretary:

    • Verify that signatures represent 43 distinct lots using the Association’s ownership records (Section 6.07).
    • Confirm each signer is in good standing via financial records (Section 6.09) and compliance with the Declaration of Restrictions (Section 1.06).
    • Check that all signatures were collected within 30 days of the first signature date.
    • Upon submission, the petition is active for 60 days or until the meeting is held, whichever is sooner (Section 4.03).

Declaration:
We, the undersigned, certify that the information provided is accurate and that we are qualified voting homeowners seeking to call a special meeting for the stated purpose.

Lead Petitioner Contact Information:
Name: _______________________________
Lot Number: _________________________
Email/Phone: _________________________
Date of First Signature: [MM/DD/YYYY]
Date of Submission: [MM/DD/YYYY] (To be completed upon submission)

Effective Date: This policy is effective upon adoption by the Board of Directors and is subject to amendment per Article IX of the By-Laws, requiring a majority vote of the Board.

Note: Members should review the Amended Code of By-Laws for full context. For assistance with petition submission, contact the Association’s Secretary.