MFPOA Articles of Incorporation FAQ
What is the McFarland Farms Property Owners' Association, Inc.?
The McFarland Farms Property Owners’ Association, Inc. is a not-for-profit corporation formed to manage and maintain the residential community known as “The Springs” and “Sterling Ridge” at McFarland Farms in Marion County, Indiana. Its primary goals are to promote the peaceful enjoyment of the property, protect and enhance property values, and enforce plat restrictions and covenants.
What is the purpose of the Association?
The Association is responsible for:
- Maintaining and repairing common areas, vacant lots, streets, and structures within the Project.
- Enforcing easements, restrictions, covenants, and charges.
- Operating and maintaining recreational facilities like parks, swimming pools, and clubhouses.
- Levying and collecting annual charges to fund operational and maintenance needs.
- Managing taxes, assessments, and expenses related to Association-owned property.
- Performing other lawful acts to accomplish these purposes under The Indiana General Not For Profit Corporation Act.
Who can be a member of the Association?
Membership is automatic for owners (legal or equitable) of numbered residential lots in the Project. Those holding only security interests (e.g., mortgagees or land contract vendors) are not eligible. Membership terminates when a member no longer owns a lot in the Project.4. What are the different types of membership?
- Class A Members: Owners of numbered residential lots, entitled to one vote per lot owned.
- Class B Members: Limited to the Developer (or its successors), entitled to three votes per lot owned. For formation purposes, the Developer may designate two Class B members until there are at least two Class A members.
- Associate Members: Non-voting members who own lots in other developments, as determined by the Board of Directors, with specific fees and rules.
What are the annual charges, and how are they determined?
The Association levies an annual charge, which is a lien on the property and a personal obligation of members. The Board of Directors determines the amount annually based on operational, maintenance, and capital needs, with a minimum of $150 per numbered single-family residential lot. The Developer and the Association itself are exempt from these charges.
What happens if a member does not pay the annual charges?
The Association may:
- Publish the names of non-paying members.
- Sue to collect unpaid charges.
- Foreclose on the lien against the property.
- Suspend the member’s voting rights and access to recreational facilities until payment is made.
What facilities and areas does the Association maintain?
The Association maintains:
- Common areas, common easements, and landscape easements as designated on subdivision plats.
- Parks, swimming pools, tennis courts, clubhouses, picnic facilities, and other recreational areas conveyed to the Association.
- Streets, drainage ways, swales, culverts, and other improvements not maintained by governmental authorities.
Can members be expelled or suspended?
Members cannot be expelled, but the Board of Directors may suspend voting rights and access to recreational facilities for:
- Non-payment of Association charges.
- Ongoing violations of the Project’s restrictive covenants, as declared by the Board.
Who manages the Association?
The Association is managed by a Board of Directors, consisting of 3 to 7 members (as specified in the By-Laws, defaulting to 3 if unspecified). The Board adopts By-Laws, elects officers (e.g., President, Vice President, Secretary, Treasurer), and appoints committees as needed.
How long does the Association exist?
The Association is a perpetual corporation, meaning it continues indefinitely unless dissolved under applicable laws.
OBSOLETE: Where is the Association’s principal office located?
The principal office is located at c/o The Shorewood Corporation, 100 Clarendon Drive, Noblesville, Indiana, 46060. The resident agent is John F. Culp at the same address.
Can the Association own or manage property?
Yes, the Association can acquire, own, lease, operate, maintain, sell, or encumber real or personal property in connection with its purposes. It can also borrow money and use its property or future assessments as security.
How are meetings of the Association conducted?
Member meetings are held in Marion County, Indiana, with the specific location stated in the meeting notice. Members can vote by proxy or voting trust.
Can the Articles of Incorporation be amended?
Yes, the Articles can be amended under The Indiana General Not For Profit Corporation Act, provided the amendments do not conflict with the restrictive covenants and deed restrictions applicable to the Project.
Who were the initial Board of Directors?
The first Board of Directors, appointed on March 30, 1990, consisted of:
- John F. Culp
- Phillip W. Klinger
- Nancy Martikke
All were associated with The Shorewood Corporation, 100 Clarendon Drive, Noblesville, IN 46060.
How does the Association enforce its rules and covenants?
The Association enforces plat restrictions, covenants, and charges through legal action, liens, and other measures. It may appoint a fiscal agent to collect assessments and enforce liens for unpaid charges.
Does the Association generate profit for its members?
No, as a not-for-profit corporation, no part of the Association’s income benefits members, associate members, directors, or officers.
What should I do if I have further questions?
Contact Holly Bailey of MGroup Management at Mc************@**************nt.com