MWFPOA By-laws

MEADOW WOOD FARMS PROPERTY OWNERS ASSOCIATION,INC.
A Deed Restricted Community

BY-LAWS

ARTICLE I – MEETINGS (Amended 11/21/02)

SECTION 1: Procedures for General Membership Meetings.

Regular business meetings of the Meadow Wood Farms Property Owners Association, hereinafter referred to as MWFPOA, will be held no less than four times per year.
The Executive Board is comprised of four elected officers and the past President. The four elected officers are as follows: President, Vice President, Secretary and Treasurer. All Executive Board members, including the past President, shall be members in good standing of the MWFPOA, defined below. The four elected officers shall preside over all MWFPOA meetings. They shall accept all reports presented by Committee Chairpersons for review.
Only members who have paid their dues for the current fiscal year shall be deemed members in good standing. Only members in good standing shall be eligible to actively participate in meetings and vote. The fiscal year of the MWFPOA shall be June 1st – May 31st. Any person owning property in Meadow Wood Farms I or II shall be eligible for membership in the MWFPOA. The yearly dues shall pay for the membership of up to two property owners per deed who are entitled to full right and privileges of membership including but not limited to, the right to vote. “Long term” tenants or residents of Meadow Wood Farms, who are not owners of the properties on which they live, may join the MWFPOA by paying the full annual dues. Such membership shall be limited to two adult “long term” residents or tenants per property and shall entitle said members to all rights and privileges of membership except the right to vote. “Long term” tenants or residents are defined as persons who have lived on the given property for at least a year or who have signed a lease for a term of at least one year. Requesting and reviewing adequate proof of residency shall be both the responsibility and at the discretion of the Executive Board. The amount for dues may be decided at any membership meeting by a simple majority vote. (Amended 11/12/09)
For any new property owner or long term tenant/resident paying dues for the first time, on or after January 1st of any given year, the amount owed will be ½ the current annual dues. Said payment of dues will effect membership until the end of the current fiscal year, that being May 31, at which time, the member will be invoiced for the ensuing year at the full dues rate. (As amended 11/12/09)
The Executive Board must approve all guest speakers previous to all meetings.
Proxies are not allowed. (Adopted 5/29/02)

SECTION 2: Executive Board Meetings (Adopted 11/21/02)

Members in good standing of the MWFPOA are entitled to attend Executive Board Meetings.

All Executive Board meetings of any type, including special and emergency meeting, shall be held in a public place. Meetings shall be noticed by newsletter or flyer, except in an emergency. (Amended 03/30/06)

Members may request, in writing, placement on the agenda to speak to the Executive Board. Their request shall be honored provided it describes the topic and is received one week prior to the meeting.

ARTICLE II – DUTIES OF OFFICERS

SECTION 1: Duties and Responsibilities of the President.

The President shall maintain a close working relationship with each member of the Executive Board, and hold the officers responsible for the duties entrusted to them. The President shall sign all official documents of the MWFPOA.
In order to conduct any formal Executive Board business, any three members of the Executive Board, other than the Past President, must be present to form a quorum at all Executive Board meetings, a simple majority of those present is required to adopt a motion. The Past President, not holding any office, shall be an honorary member of the Executive Board for one year to provide continuity to the business of the Executive Board. This person will be allowed to vote only when the vote is needed to break a tie.
The President releases all funds for projects, activities and other expenses which are approved by the Executive Board or general membership vote and which are designated to meet the operational needs of the MWFPOA, i.e., incorporation fees, taxes, insurance premiums, hall rentals for general association meeting, banking expenses, safe deposit box rental, electric cost, mowing fees for the entrances and park, postal box rental, stamps, copying fees, stationary, telephone expenses and memorial donations. All expenditures must be duly recorded and accompanied by a receipt.
The President shall have the authority to release funds in an amount not to exceed $250.00 (amended 09/23/04) per fiscal year to meet the operational needs of the Executive Board.
The President appoints and discharges all Standing Committees, serves as an ex-officio member on all Standing Committees and lends assistance whenever necessary and whenever possible. The President shall not bar any member in good standing from serving on any Standing Committee, and shall appoint them to the committee they request. If requested and if necessary, the President shall have the authority to release up to $50.00 per fiscal year to each of the Standing Committees to meet their operational needs. (Amended 03/30/06)
The Executive Board has the authority to release an amount up to $250.00 to each of the Standing Committees per fiscal year.
Any anticipated expenditures which may exceed those amounts listed in Article II, Section 1, Items 4, 5, and 6 of this document must receive the approval of a simple majority of the members at a general association meeting.
The in-coming President shall request an audit of the association’s books at the beginning of each fiscal year. Said audit shall be conducted by two volunteers who reside in Meadow Wood Farms and who are members in good standing in the MWFPOA. (dues paid). If no volunteers are forthcoming, then the membership must decide by a simple majority vote at a general membership meeting as to whether they wish to hire a professional independent auditor.
The President is primarily responsible for preparing the contents of the association’s newsletter, which is to be approved by the Executive Board prior to its publication.
Whereas the President appoints all members to the Standing Committees, it will require a majority vote of the Executive Board to discharge any member of said committee prior to the end of the appointment period. (11/16/95)

SECTION 2: Duties and responsibilities of the President at MWFPOA meetings.

The President chairs all Executive Board and MWFPOA meetings. The duties of the Chair are governed by Roberts Rules of Order and include the following:

a. Calling the meeting to order at the announced time.
b. Announcing business in the appropriate order.
c. Stating and putting to a vote all proper motions that are made.
d. Announcing the result of a vote.
e. Enforcing the Rules of Order on all occasions.
f. Deciding all questions of Order.
g. Signing (Authenticating) acts, orders and proceedings (minutes) of the group.
h. Abiding by Association rules when representing the Association.

SECTION 3: Duties and Responsibilities of the Vice President.

In the absence or incapacitation of the President, the Vice President shall assume all the duties and responsibilities of the President until such time as the return of the President or replacement as specified by the Roberts Rules of Order.
The Vice President may be called upon by the President to assist and/or follow up on important association matters.
The Vice President may be called upon by the President to serve as a Chairperson to a Standing Committee and to lend assistance whenever necessary and whenever possible to said committee.
The Vice President should keep the President informed regarding any and all matters of importance to the association and to lend assistance in the resolution of any potential or real problems.

SECTION 4 : Principal Duties of the Secretary.

As a voting member of the Executive Board, the Secretary keeps all official documents of the association, such as the Articles of Incorporation, By-Laws, Deed Restrictions, Legal Decisions and the Minutes of all official meetings. The Secretary is required to sign all important papers along with the President of the Association.
The Secretary shall conduct the correspondence of the MWFPOA and shall record and forward all incoming association mail to the appropriate person or Chairperson. The Secretary or designee is also responsible for compiling and typing the contents of the association newsletter, which is to be approved by the Executive Board prior to distribution. If the Secretary declines to do the newsletter, the designee shall be selected and approved by the Executive Board. The Secretary shall notify all committee Chairpersons of pending Executive Board meetings. (Amended 05/20/2004)
One of the most important duties of the Secretary is the recording, preparation and maintenance of the minutes of each meeting. Since the minutes represent the official record of the association’s decisions, transactions and operations, they must be completely accurate and unbiased.
Executive Board minutes are usually taken by hand, with a backup tape recording, if available. They should be prepared as soon as possible after the meeting, but definitely ready and distributed to the Executive Board members for review one week prior to the following Executive Board meeting. No changes shall be requested except at an Executive Board Meeting. Once approved, the minutes shall be signed by both the Secretary and the President and filed in the Book of Minutes. A copy of all important correspondence and documents referenced in the minutes should be attached to those minutes. The Secretary shall have copies of these minutes available at subsequent regular meetings. (Amended 11/18/04)
The heading on the first page of the minutes should contain the following:
a. The Association’s Name
b. The type of meeting
c. The person’s name calling the meeting to order
d. The date of the meeting
e. The time of the meeting
f. The place of the meeting

Recorded next is the order and contents of the business conducted which is of importance for all future references. With no further business to conduct, a motion for adjournment should be recorded; it’s second and the results of the vote.

SECTION 5: Principal Duties of the Treasurer.

The Treasurer plays a vital role in the operation of the association and is a voting member at all Executive Board meetings.
The Treasurer maintains the association’s checking and savings accounts, checkbooks, ledgers vouchers, safe deposit box and any other assets. The Treasurer pays all bills authorized by the Executive Board and/or by a vote of the membership present at any general association meeting. (Amended 03/30/06)
Dues and all other revenue must be deposited in the authorized depository as soon as possible. (Corrected 03/30/06)
As an officer of the Executive Board, the Treasurer assists auditors and prepares financial reports, which are presented at Executive Board and General Association meetings.
Financial reports should include:
a. The balance on hand at the close of the previous General Association meeting.
b. The amount received since the close of the previous General Association meeting.
c. An itemized account of the amounts paid since the close of the previous General Association meeting.
d. The current balance on hand.
The Treasurer is responsible for picking up the mail for the MWFPOA, processing the bills, depositing any income and delivering the balance of the mail to the Secretary for distribution to the appropriate members. The Secretary shall deliver UNOPENED mail for the Control Committee within 72 hours of the postmark to the Control Committee chairperson, or if unavailable, to another Control Committee member.
The residents shall be notified, through the association’s newsletter, when the annual dues are due. All those wishing to pay their dues to the association in cash must be issued a receipt. All others using checks to pay their dues can use their canceled checks as receipt. The Treasurer shall maintain an updated list of all dues paying members and those property owners who have not paid their dues and make those lists available to the Executive Board.

ARTICLE III – ELECTION OF OFFICERS

SECTION 1: Formation of the Election Committee

Officers shall be elected annually by a majority vote of membership present in good standing, (current dues paid), in the MWFPOA at any General Association meeting or special meeting called for that purpose.
MWFPOA must conduct an election each year to fill the following Executive Board offices. a. President, b. Vice President, c. Secretary and d. Treasurer.
The Association President shall, in February of each year, announce the formation of an Election Committee, by the newsletter or at a General Association meeting. Any association member in good standing may be selected to serve on this committee. (Corrected 03/30/06)

SECTION 2: Duties of the Election Committee.

Solicits, accepts all nominations, verifies each candidate’s acceptance of the nomination and their eligibility to run. Eligibility is based upon meeting the following criteria:
a. Must be a current property owner in Meadow Wood Farms.
b. Must be an association member in good standing (dues paid).
Names of the nominees/candidates, along with an election date, must be published in a newsletter before May 1st.
The four elected officers shall comprise the Executive Board. Elections for association officers will be held in May.
The newly elected officers’ term begins June 1st and extends through May 31st of the following year.
a. The ballot must contain the Association’s formal name, type, date and place of election and names of all eligible candidates for each position in alphabetical order. The ballot must also include a space marked “Other” at each position, for late candidate entries.
b. Ballots are valid if they are challenge free with one clear mark for each candidate entries. An unmarked box for a candidate will not invalidate the ballot.
c. Absentee ballots are permissible for the annual election of Executive Board Officers only and will be available on request.
d. Nominating from the floor will be allowed. (Amended 05/20/2004)

Section 3: REMOVAL OF EXECUTIVE BOARD OFFICERS (amended 07/20/21)

The Executive Board Officers by way of affirmative vote of a majority of the officers then currently in office, may remove any individual officer without cause at any regular or special meeting, provided that the officer to be removed has been notified in writing.

ARTICLE IV – DUTIES AND RESPONSIBILITIES OF THE CONTROL COMMITTEE (Amended 12/04/06)

SECTION 1: Appointment and Purpose of the Control Committee.

As indicated in the Meadow Wood Farms Deed Restrictions number 20, the Executive Board shall appoint a three (3) member committee referred to as the Control Committee. All Control Committee members shall be members in good standing of the MWFPOA.
This committee shall approve or disapprove all discretionary items of the Deed Restrictions.
The following signs may be displayed on the residents’ property without obtaining approval from the control committee

Temporary Signs

a. Candidate/election signs shall be approved during any election. The signs may be displayed 30 days in advance of the election to which they pertain. The signs must be removed after such election and shall not be larger than 4 square feet.
b. House for sale/rent signs shall be approved for the duration of the sale/rent and must be removed after the sale/rental of the residence. All signs shall be of standard size for real estate signs and must be placed on the residence for sale or rent
c. Garage/yard sale signs shall be approved must be removed after the sale.
d. Seasonal and holiday signs shall be approved and those signs must be removed 2 weeks after the holiday.
e. All signs required by legal proceedings may be displayed for as long as required.
f. Posted, no trespassing, and sign of warning shall be approved.
g. All contractor/work signs shall be approved and must be removed at the conclusion of the said work being performed.
h. All temporary signage shall be printed, not handwritten.

Permanent Signs

a. Only signs for the name of the residence/owner/farm shall be approved and must be no larger than 16 square feet in size.
b. Any such sign shall be made of wood, plastic, or metal and shall be maintained in good repair, free of faded or peeling paint or general deterioration.
c. Signs shall be permanently placed on the property.

All other signs shall conform to the procedure outlined in the Meadow Wood Farms Deed Restrictions.

SECTION 2: Procedures for the Control Committee.

All concerns regarding the Meadow Wood Farms Property Owners Deed Restrictions must be made in writing, signed, dated, and mailed to:
Meadow Wood Farms Property Owners Association
Attention: Control Committee Chairperson
P. O. Box 77-1896 Ocala, FL 34477
Only those complaints utilizing the approved form, filled out in its entirety, duly signed and dated will be considered for investigation. Any complaint received will be designated with a number and delivered in accord with MWFPOA bylaw Article II Sec.5.6. The Secretary shall deliver the unopened mail within seventy-two (72) hours of postmark to the Committee chairperson, or if unavailable, to another committee member. The Control Committee shall assign a number designation to the complaint to maintain confidentiality. Confidentiality shall be respected at all times.
Investigations: a:Upon receipt of a written signed complaint, any two of the three members of the Control Committee shall follow-up on the complaint. Any member of the Executive Board may be asked to assist with the investigation of an important matter in the event that two of the three members of the Control Committee are not available. Again, no committee member shall conduct an investigation of a complaint alone. b. The investigation shall include verification of violation of the MWF deed restrictions and/or by-laws as stated in the complaint. c. If applicable, a visual inspection of the violation shall be made by no less than two (2) members of the Control Committee. d. After investigating the complaint, the committee persons should caucus to consider their response. In serious matters, the Executive Board shall be notified prior to any action taken. Care must be exercised in not making any quick decisions which may compromise the integrity of the MWFPOA.
Actions: a. The Committee will send out a letter to the homeowner/occupant of the property stating the violation and a request to correct it within thirty(30) days. b. The Committee will monitor the progress and effort to correct the violation. c. If necessary, the Committee will send out a second letter, posted thirty (30) days of the initial letter. d. Further course of action, as determined by the Committee, shall be discussed by its members if the violation has not been rectified post sixty (60) days of contact. e. A written report shall be submitted to the Executive Board regarding any Committee activities. Whenever possible, only the designated numbers of any violations shall be used to protect the confidentiality of the parties involved. (Adopted 1/18/17) f. Upon review, any action taken by the Executive Board shall take precedent and be considered final. g. The Executive Board shall respond to the complainant stating the findings/final decision. (Adopted 1/18/17) h. A report shall be presented to the membership during the MWFPOA general meetings.
Any written communication to the infractioner(s) should be courteous, thorough and delivered as soon as possible. The first notice may be sent via United States Postal Service. Subsequent notices shall be sent by proof of mailing or certified mail-return receipt requested. Prior to mailing any correspondence, the Control Committee shall solicit the approval of the Executive Board. (Amended 5/6/99 and 03/30/06)
The Control Committee should actively maintain their vigilance in noting and acting upon any apparent deed restriction violation.
Contacting Builders, Realtors, new property owners and residents regarding Deed Restrictions is another important responsibility of the Control Committee.
The Control Committee chairperson(s) shall maintain a complete file on the committee’s activities. The chairperson(s) shall keep the Executive Board apprised of their progress and report that progress to the membership at the next General Association meeting.
The Control Committee shall not seek legal consultation without prior approval of the Executive Board and will have at least two members of the Executive Board present at the consultation. The Control Committee cannot initiate any legal action. However, acting upon the request of the Control Committee, or by its own decision, the Executive Board shall make its recommendation known at a General Association meeting, and request a vote of the membership. A simple majority vote of those members present at the General Association meeting will authorize the Executive Board to engage an attorney and initiate the legal proceedings on behalf of the MWFPOA. The attorney’s initial letter to the violators shall contain language informing them that the Association will pursue them for the costs and legal fees that are expended in prosecuting a lawsuit. (Amended 05/18/06)
Control Committee Chairperson(s) are invited to attend, as a non-voting participant(s), all Executive Board meetings. (Amended 03/30/06)

Section 3: Frontal Fencing (Adopted 4/25/02).

The Control Committee shall:
a. Maintain a vigil regarding the construction, maintenance and replacement of all frontal fencing.
b. Courteously address property owners regarding all matters pertaining to frontal fencing.
c. Apprise the executive board, in writing, within two weeks of property owner contact, using a standard form, as to the status of all frontal fencing matters under consideration.
d. Share frontal fencing issues under consideration with the community at each general association meeting.
e. Review this guideline and propose updates as appropriate for compatibility with fencing technology advances.
The Control Committee and the Executive Board shall utilize the Frontal Fencing Pictorial Guideline depicted in the following, Item #5, when making all judgments associated with frontal fencing requests and/or infractions. (Amended 1/24/2008)
All written communications to the property owners regarding frontal fencing issues must be:
a. Issued on official MWFPOA standard forms and/or MWFPOA official letterhead stationary and approvals must be sent by USPS or hand delivered. All denials or requests for further information must be sent by return receipt requested. (Amended 03/30/06)
b. Approved by the Executive Board and bears the signatures of the Association President and the chairperson (or alternate chairperson) of the Control Committee.(Jan. 18, 2018)
The maintenance of records pertaining to all frontal fencing issues must be completed as follows:
a. The Control Committee shall submit all current frontal fencing documentation at each Executive Board meeting or at any time deemed necessary by the Executive Board. (Jan 18, 2018)
b. The Executive Board Secretary will maintain the official master file associated with all frontal-fencing issues.

Guideline – Frontal Fencing (Amended 1/24/2008)

The following are the pictorial requirements that must be utilized by the Executive Board and Control Committee when determining the acceptability of a new or total replacement frontal fencing request by a MWF property owner.

a. Frontal fencing is defined as all fencing fronting the platted road right-of-ways.
b. Method: This guideline considers the MWF Deed Restrictions, By-Laws, the actual fences within the community and advances in fencing materials and construction.
c. Only 3 or 4 board/rail fencing will be approved in keeping with the basic Deed Restriction wording and the general scheme of the MWF development.

d. Acceptable Frontal Fencing:

ARTICLE V: STANDING COMMITTEES

SECTION 1: GENERAL PROCEDURES FOR ALL STANDING COMMITTEES

To select a chairperson(s) to act as liaison to the Executive Board and General Association meetings.
The chairpersons should attend as many Executive Board meetings as possible.
To report their status at all General Association meetings.
To present all proposed expenditures to the Executive Board for consideration and approval prior to any commitments regarding expenditures. The committee should provide the Executive Board with an estimated list of items to be purchased, costs and the purpose of said purchases, keeping in mind the provisions listed in Article II, Section 1: items 4, 5, and 6 of these by-laws.
All transactions regarding expenditures must be accompanied by receipts and all monies not used must be returned to the Association Treasurer.
The committees must keep a clear and thorough accounting regarding committee operations.

SECTION 2: THE EXISTING STANDING COMMITTEES ARE AS FOLLOWS: (Amended 11/17/20)

a. The Executive Board shall create or dissolve Standing Committees as needed to meet the long-term need of the Association. The Executive Board shall appoint chairpersons of said committees and approve the scope of committee responsibilities, functions, and and funding.

b. Typical Standing Committees are as follows:

Activities Newsletter Beautification

Refreshments Directory Sunshine

Maintenance Welcome Membership

ARTICLE VI – AMENDMENTS TO THE BY-LAWS

1. No amendments shall be made to these By-Laws except at the regular business meetings of the MWFPOA and by two-thirds vote of the current membership present.

2. No amendment shall be made unless formal notice of the proposed amendment has been presented at the previous business meeting. Once forma notice has been presented at the regular business meeting, the proposed by-law change(s) shall be printed in the newsletter before the next business meeting. (Amended 03/03/06)

3. All amendments must include the date of ratification. (Adopted 11/16/95)

4. The President, with a majority of the Executive Board concurring, may appoint a special committee, which will serve as an advisory group to the Executive Board. This temporary panel may be asked to research a specific area and make their findings and recommendations known to the Executive Board in writing within an allotted time frame. The President or the President’s designee serves as an ex-officio member on all special committees and lends assistance whenever necessary and whenever possible. The committee’s short tenure ceases with the time allotted them or with their written report to the Executive Board, whichever comes first. The committee shall not actively promote any of their recommendations while serving on the special committee. Unlike the Standing Committees, there are to be no Association funds allocated to this group except with the approval of a simple majority vote at a General Membership meeting. (Adopted 11/16/95)

MEADOW WOOD FARMS PROPERTY OWNERS ASSOCIATION,INC. A Deed Restricted Community