MFPOA Amended Code of By-Laws FAQ
What is the McFarland Farms Property Owners' Association, Inc.?
The Association is a nonprofit corporation, McFarland Farms Property Owners’ Association, Inc., established to manage the McFarland Farms subdivision in Marion County, Indiana, as outlined in its Articles of Incorporation and Amended Code of By-Laws.
What is meant by a "Member in Good Standing"?
A Member in Good Standing is a property owner in McFarland Farms who is not delinquent in paying annual or special assessments and is not in violation of the Declaration of Restrictions of McFarland Farms.
Who can be a member of the Association?
Membership is limited to property owners in the McFarland Farms subdivision and, if established by the Board of Directors, associate members who own lots in other developments. Membership is automatic for lot owners and terminates when ownership ceases.
What privileges do members and associate members have?
Members, associate members, their families, and guests can use designated parks, commons, rights-of-way, and recreational facilities owned by the Association, subject to the Project’s restrictive covenants, Articles of Incorporation, and rules set by the Board of Directors.
How are member meetings of the Association organized?
- Annual Meetings: Held in February each year at a date, time, and place set by the Board of Directors, for electing Directors and transacting other business.
- Special Meetings: Can be called by the President, a majority of the Board, or a petition signed by 10% of qualified voting homeowners. If the Board fails to issue a notice within 30 days of a valid petition, a signing member may set and notify the meeting.
- Location: All meetings are held in Marion County, Indiana, with the specific location stated in the meeting notice.
How are members notified of member meetings?
- Written or printed notices are mailed or delivered by the Secretary at least 10 days before a meeting, specifying the place, day, hour, and purpose (for special meetings).
- Members can opt for email notifications, waiving mail or personal delivery, but can withdraw this choice at any time.
- Notices can be waived in writing or by attending the meeting in person
How does member voting work at Association meetings?
- Voting Rights: As per the Articles of Incorporation, Class A members have one vote per lot owned, and Class B members (the Developer or successors) have three votes per lot.
- Casting Votes: For lots with multiple owners (e.g., joint tenants), one owner can vote unless others object. If owners disagree, a majority of owners must agree for the vote to be cast.
- Quorum: A quorum requires at least 10% of lot owners present (in person, by proxy, or attorney-in-fact), except for special assessments or operating deficits, which follow the Declaration of Restrictions.
Who manages the Association’s affairs?
The Association is managed by a Board of five Directors, all of whom must be members in good standing, never censured or removed, and elected by the members. Directors serve staggered two-year terms, with two elected one year and three the next.
How are Board vacancies handled?
Vacancies due to death, resignation, or other causes are filled by a majority vote of the remaining Directors. The new Director serves the unexpired term of their predecessor.
How are Board meetings conducted?
- Annual Meeting: Held immediately after the members’ annual meeting for organization, electing officers, and other business.
- Special Meetings: Called by the President or two Directors, with at least three days’ notice specifying the purpose and place.
- Notice: Regular meeting notices aren’t required if Directors are already aware; otherwise, five days’ notice is given. Directors can opt for email notifications.
- Quorum: A majority of the Board constitutes a quorum, except for filling vacancies, which requires a majority of existing Directors.
- Participation: Directors can participate via conference call or similar communication methods, counting as in-person attendance.
What are the powers and duties of the Board of Directors?
- Powers: Adopting rules for Association-owned areas and exercising powers not reserved to members by the By-Laws or Articles of Incorporation.
- Duties: Setting the annual charge by April 1 each year, as outlined in the Articles of Incorporation and subdivision plats, and adopting rules for the use of streets, parks, and recreational facilities.
Can Directors be removed?
Yes, Directors can be removed with or without cause by a vote of members sufficient to elect them, at a meeting called specifically for removal. Successors are elected at the same meeting.
Who are the officers of the Association, and what are their roles?
- Officers: President, Vice President, Secretary, Treasurer, and optionally Assistant Secretary and/or Assistant Treasurer.
- President: Manages operations, subject to Board control (must be a Director).
- Vice President: Performs duties assigned by the Board or President, acting for the President if absent.
- Secretary: Keeps minutes, member lists, records (except financial), and handles notices.
- Treasurer: Manages financial records, funds, deposits, and disbursements.
- Assistant Officers: Perform duties assigned by the Board or President.
Officers are elected annually by the Board and serve until successors are chosen or they die, resign, or are removed.
How are officers removed or replaced?
Officers can be removed with or without cause by a vote of at least two Directors at a special meeting. Vacancies are filled by the Board for the unexpired term.
How are Association funds and contracts handled?
- Checks and Notes: Must be signed by two officers, one being the Treasurer or Assistant Treasurer, unless otherwise ordered by the Board.
- Contracts: Executed by the President or Vice President and attested by the Secretary or Assistant Secretary.
Where are the Association’s books and records kept?
Books and records are kept at a place chosen by their custodian (e.g., Secretary or Treasurer) and are open for inspection by members for a proper purpose at reasonable times, unless otherwise required by Indiana law or the By-Laws.
Can the By-Laws be amended?
Yes, the Board of Directors can add, alter, amend, or repeal the By-Laws with a majority vote.
What is the fiscal year of the Association?
The fiscal year runs from January 1 to December 31 each year.
Where is the registered office and agent located?
The registered agent and office are designated by the Board of Directors and filed with the Indiana Secretary of State’s Office.
How can I get more information?
Contact the Association at its registered office or through the Secretary for access to records or further details.