Summary of “Understanding the McFarland Farms Property Owners’ Association: Purpose, Powers, and Member Contributions”
The McFarland Farms Property Owners’ Association, Inc., established in 1989 in Marion County, Indiana, oversees the community’s development to maintain its quality and character. Governed by the 1989 Declaration of Restrictions and the Amended Code of By-Laws (updated 2012), the Association’s key roles include:
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Purpose: To promote residents’ recreation, health, safety, and welfare by maintaining common areas (like parks and the pool), enforcing community standards (e.g., lot upkeep, construction rules), providing services (e.g., snow removal), and insuring common assets.
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Board and Officer Powers:
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The Board of Directors can make rules for common areas, set annual assessments, create committees, enforce restrictions (e.g., suspend voting rights for non-payment), manage contracts, and represent the community in zoning issues.
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Officers (President, Vice President, Secretary, Treasurer) handle daily operations, record-keeping, financial management, and support the Board’s decisions.
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Optional Actions: The Board can maintain individual lots or enforce rules but isn’t obligated to, nor must it issue membership certificates or provide extra services beyond basics.
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Member Contributions:
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Assessments: Members pay annual fees (set by the Board) and special assessments (requiring a vote) to fund operations; unpaid fees accrue 12% interest and may lead to legal action or loss of privileges.
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Following Restrictions: Members must comply with rules like building single-family homes, maintaining lots, and getting approval for modifications.
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Governance: Members vote for the Board, call special meetings, and influence decisions like zoning agreements.
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Zoning Role: The Board negotiated a May 27, 2025, agreement with Davis Building Group for The Trees at Southport Crossing, securing $25,000 for repairs and a future amenity access fee, while withdrawing objection to rezoning petition 2024-ZON-144.
Complaint Summary: Jocelyn Mappes questioned an agreement allowing The Trees at Southport Crossing residents to use McFarland Farms’ amenities (e.g., the pool), asking about its scope and validity. Amy Stinson clarified it stemmed from a comment about charging non-residents to offset costs, with annexation language removed after review. The Board has authority to make such agreements, and the governing documents don’t prohibit non-member use under set terms. While Jocelyn’s concerns about transparency and potential pool overcrowding are practical, they don’t constitute a legal violation. She could pursue legal action or propose rule changes, but the Board’s actions were within its rights.
Conclusion: The Association ensures community quality through maintenance, enforcement, and governance, with the Board having flexibility in its actions. Members support this through assessments, compliance, and participation, as seen in the zoning matter, though better communication could address concerns like Jocelyn’s.