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Whereas, by the terms of the Plat, and the Dedication thereof, and the statement of restrictions and provisions relating thereto, of Indian Village, an Addition to the City of Fort Wayne, Indiana., it was provided that there should be formed an Association of owners of lots in said Addition for certain definite purposes and also for other general purposes not specified, and whereas such an Association has been in existence informally for a number of years;
And whereas, it is deemed advisable to state definitely the purposes of such Association and terms of the organization thereof, and in order that the same may be effective for the purposes for which it is organized, this Constitution is adopted by the members of said Association.
The name of this Association shall be INDIAN VILLAGE COMMUNITY ASSOCIATION.
The purposes and objects of this
Association shall be:
Section 1. To have, enjoy, exercise and
enforce all rights, powers, duties and privileges, and to perform all
functions, conferred upon such Association by the terms and provisions of the
Dedication and Plat of Indian Village, Section A, an Addition to the City of
Fort Wayne, Allen County, Indiana, as recorded in Plat Book 13, pages 35-36,
and in the Declaration of Restrictions affecting Lots 1 to 217, Section A, in
said Indian Village, as recorded in Miscellaneous
Record
72, pages 384 to 388, inclusive, all in the Office of the Recorder of Allen
County, State of Indiana; and by the terms and provisions of the Dedication
and Plat of Indian Village, Section B, an Addition to the City of Fort Wayne,
Allen County, Indiana, as recorded in Plat Record 16, pages 109 and 109a, and
in the declaration of covenants, restrictions and limitations affecting lots 1
to 29, Indian Village, Section B, as recorded in Miscellaneous Record Book
112, page 566 all in the Office of the
Recorder of Allen County, State of Indiana; both the foregoing Indian Village,
Section A and Indian Village, Section B are hereinafter referred to as
Section 2. To provide for the maintenance
and betterment of said Addition, and to encourage, foster, promote and improve
the social and community spirit, civic relations, and the general wel-fare, of said Addition and its environs, and of the
owners of lots and residents of said Addition.
Every owner of a lot in
Section 1. The annual meeting of the
Association shall be held on the first Monday of March in each year, for the
election of members of the Board of Governors, reports of officers, and such
other business as may be appropriate for such a meeting.
Section 2. Special meetings of the Association shall be held upon order of the
Board of Governors, or on a call issued by the President or Secretary.
Section 3. Fifteen (15) members shall
constitute a quorum for the transaction of all business.
Section 4. At all meetings of the
Association, each member shall be entitled to one (1) vote, regardless of the
number of lots owned, and where a lot is owned by a corporation, firm, tenants
by
the entireties, in common, or in joint tenancy, such owner or owners shall have
the right to one (1) vote, such vote to be cast by their accredited
representative, regardless of the number of persons interested in such joint or
common tenancy or the number of lots held by them.
Section 5. Roberts Rules of Order shall
govern the conduct of meetings of the Association and control except where
modified by, or in conflict with, this Constitution or the By-Laws adopted
hereunder.
Section 1. The business and prudential
affairs of the Association, and the general management and control of its
activities, shall be vested in a Board of Governors, five (5) in number. Upon the
adoption of this Constitution, the Association shall elect five (5) members to
the Board of Governors, and three (3) receiving the highest vote to serve for a
term of two (2) years, and the two (2) receiving the next highest vote to serve
for a term of one (1) year; and thereafter, at each annual meeting of the
Association, there shall be elected in alternate years two members, and three
members, respectively, to the Board of Governors to hold for a term of two (2)
years and until their successors are elected and qualified, except Secretary
and Treasurer shall be elected for a term of three years.
Section 2. No one shall be eligible to
election to the Board of Governors except a member of the Association.
Section 3. A meeting of the Board of
Governors shall be held immediately after the annual meeting of the
Association, for the purpose of organization and the election of officers, and
regular meetings of the Board may be held at such times as the Board of
Governors may prescribe. Special
meetings of the Board may be held at such times as the Board may designate or
upon call of the President or Secretary.
Section 4. A majority of the Board shall
constitute a quorum for the transaction of business.
Section 1. The officers of the Association
shall consist of a President, a Vice-President, and
a
Secretary/Treasurer.
Section 2. The officers shall be elected
by the Board of Governors out of their own number to hold office for a term of
two (2) years except the Secretary/Treasurer, who shall hold office for a term
of three (3) years or until his or her successor is elected and qualified. The Secretary/Treasurer shall receive a
salary which shall be set at the beginning of each year by the Board of
Governors.
Section 3. The President shall preside
over all meetings of the Association and over all meetings of the Board of
Governors and shall have such other authorities and powers as the Presidents of
similar Associations usually enjoy.
Section 4. The Vice-President shall serve
in the capacity of President, with like powers and authority, when the
President is absent or unable to act.
Section 5. The Secretary shall be
custodian of the books and records and seal of the Association; he shall keep
and record the minutes of all meetings of the Association and of the Board of
Governors, submit reports to the Association at its annual meeting, and to the
Board of Governors at such times as may be required by the Board. He shall collect and receipt for all
maintenance fees and other monies that may be due or payable to the
Association, and shall periodically, or at such times as the Board may
designate, turn over all funds in his hands to the treasury, taking the receipt
of the Treasurer therefore.
Section 6. The Treasurer shall have charge
and custody of all funds of the Association, and shall make and keep accurate
records of all receipts and disbursements.
He shall render an annual account of the finances of the Association and
of its receipts and disbursements to the annual meeting of the Association and
shall make such other reports to the Board of Governors as the Board may
require. He shall disburse the funds of
the Association under and in accordance with the direction of the Board of
Governors.
Section 7. The accounts of the Secretary
and the Treasurer shall be audited by a committee of members of the
Association, or by an Auditor appointed by the Board of Governors for that
purpose, annually.
Section 8. The Treasurer shall, and the
Secretary may be required by the Board of Governors, to give bond to the
Association for the faithful performance of their duties and for the accounting
of all funds and monies that may come into their hands in such amount and with
such sureties as may be determined by the Board of Governors.
Section 9. In the event of the
disqualification, or continued inability to act, of any member of the Board of
Governors or of any officer, or in the event of misconduct, the Board of
Governors, after giving such officer notice, may hold a meeting for the purpose
of listening to any charges regarding such disqualification, inability or
misconduct, at which such officer shall be entitled to be present, and after
such hearing, shall have the right, by majority vote of the other members of
the Board, to declare the office of such officer or member of the Board to be
vacant.
Section 10. The Board of Governors, by a
majority vote, shall have the right to fill any vacancy in the Board of
Governors or in any office by election from the membership of the Association,
the officer so elected to hold office until the organization meeting of the
Board following the next annual meeting.
Section 11. The Board of Governors shall
have authority to appoint such committees as they deem necessary or advisable
to carry on the activities of the Association and to confide such powers to
such committees as the Board of Governors may deem advisable.
The fiscal year of the Association shall
begin on the 1st day of January of each year.
Elections for membership on the Board of
Governors shall be by ballot and nominations may be made by a Nominating
Committee appointed prior to such election by the Board of Governors or may be
made from the floor.
Section 1. Written notice of the annual
meeting of the Association, as well as of all special meetings of the
Association, shall be mailed to all members of the Association, as their names
and addresses appear upon the records of the Association, not less than ten
(10) days before the holding of any such meeting, and the date of the mailing
of such notices shall be deemed to be the date of the giving of notice thereby.
Section 2. Notices of all meetings shall
set forth the time and place at which the meeting is to be held, and the
general nature of the business which is to be transacted at such meeting.
Section 3. Notice of regular and special
meetings of the Board of Governors shall be given to each member of the Board
of Governors by the Secretary, not less than five (5) days before the holding
of such meeting; such notice may be given orally, by telephone or telegraph, or
by mail to the last address appearing on the books of the Association, and the
mailing of such notice shall be deemed to be the date on which such notice is
given. Such notice shall state the time
and place of holding of the meeting and in general the business to be
transacted thereat.
Section 4. Any member of the Association
or of the Board of Governors may waive notice of any meeting by written waiver
filed with the Secretary of the Association.
Amendments to the Constitution or By-Laws of the Association may be made by vote of a majority of those present at any annual or special meeting of the Association; provided due notice of the proposed amendment has been given to the members of the Association in the notice of the meeting; provided further, that the Board of Governors, by a majority vote, may adopt an amendment to either the Constitution or By-Law of the Association at any meeting of which the members of the Board of Governors have had proper notice under this Constitution, and provided further, that a copy of such amendment shall be mailed by the Secretary of the Association to each member of the Association promptly after its adoption. Any amendment so adopted by the Board of Governors shall be and remain in full force and effect from the time of its adoption, unless and until it is subsequently rescinded, modified or set aside by the members of the Association at a meeting called for that purpose. At the written request of five (5) members of the Association, the Secretary shall issue a call for a meeting of the members of the Association to pass on any amendment so adopted by the Board of Governors.