The information in this Neighborhood Resource Guide is provided to assist you in forming a neighborhood association and to address various issues which are commonly presented to associations. This information is intended to serve as a starting point from which you can begin to assemble additional materials and ideas on which you will be able to organize your association. The information provided herein does not constitute legal advice and should not be construed as a compilation of rules that are required to be followed in the course of organizing your association. You are encouraged to consult legal counsel and neighborhood association resources as you formulate your plan for the formation of your neighborhood association, the crafting of its organizational documents and restrictions, and the addressing of applicable state and local compliance issues.
Find the Boundaries of your Association:
North: WXY Street
South: ZGE Boulevard
West: MKT Street
East: R2D2 Road
DETERMINING WHETER YOUR NEIGHBORHOOD ASSOCIATION IS CURRENTLY ORGANIZED UNDER THE STATE LAW:
The Indiana Secretary of State website is where you would need to begin. On the left side of the page you will see a tab that says “business search”. Once you click on that you have the ability to type in YOUR Neighborhood Association's name.
If it is not registered or was dissolved due to the length of time it has been delinquent in its filings then go to the below link to obtain the form to reinstate your neighborhood association: https://inbiz.in.gov/start-business/step-two/
ORGANIZING A NEW NEIGHBORHOOD ASSOCIATION:
If you determine that an association for your neighborhood has never been legally formed, you will need to form a legal entity. This will require some thought and planning by you and other residents of your neighborhood who are interested in forming an association. Basic considerations such as legal name, principal address, offices to be held, number of directors and qualifications for association membership will need to be addressed. Many neighborhood associations choose to be organized as Indiana non-profit corporations. If you select this form of entity for your association, the links “ Online Toolkit to Help Start Your Business “ and “ Division Forms “ on the Secretary of State/Business Division website will be of great help.
Regardless of the type of legal entity you choose for your association, you will want to create a set of by-Laws which will provide for the governance of your association. If you elect to become an Indiana non-profit corporation, by-laws are required to be adopted by your corporation (Although they are not filed with the Secretary of State as are the Articles of Incorporation). The by-laws are adopted by the board of directors of the corporation after it has been formed and should be prepared after giving careful thought to what governing provisions will best meet the goals of the association. The Williams-Woodland Park Neighborhood Association in near south Fort Wayne has posted its By-laws on the Association’s website and a review of those By-laws would be a good starting point in creating a set of by-laws for your association.
FOR EXAMPLE :
The Williams-Woodland Neighborhood Association updated their Bylaws(Click on the By-Laws icon) and these will be a great reference.
Keep in mind: Each neighborhood is very unique and a consensus on the By-Laws has to be met by the appointed board officers from your association. See link:
The Indiana Secretary of State in regards of By-Laws for Associations:
NEIGHBORHOOD ASSOCIATION PROTECTIVE COVENANTS AND RESTRICTIONS:
If your neighborhood has been platted it is likely to have a set of Protective Covenants and Restrictions which are imposed upon each lot in your neighborhood and can address a host of matters as varied as property setback lines, existence of outbuildings, square footage of principal residence, approval of outdoor signs and construction of fences. The Neighborhood Resource Center has access to documents to assist you in searching for the Protective Covenants and Restrictions for your neighborhood association but our resources are not exhaustive. The Protective Covenants and Restrictions for your neighborhood association may be available from another source. It is possible that your neighborhood association never prepared and recorded a set of Protective Covenants and Restrictions.
At this time the Neighborhood Resource Center can search for Protective Covenants and Restrictions only by name. You must provide at least a portion of your association’s name in order to initiate the search.
The Allen County Recorder's Office - Neighborhood Resource Center only provides access to documents that traditionally contain covenants and restrictions. In some cases covenants may be contained in other documents. At this time, covenants and restrictions can only be searched by name. You must know at least a portion of the name of your development in order to search for its covenants and restrictions. Your neighborhood or development also MAY NOT have covenants and restrictions in place.
Type in the Association's name: http://inlaredo.fidlar.com/inallen/WebSenseCustom/Default.aspx
If the covenants and restrictions DO NOT appear in your search, please contact:
Allen County Recorder’s Office - Edwin J. Rousseau Centre - 1 E. Main St. - Room 100
Other neighborhood associations can be valuable resources to assist you in the formation or revitalization of your own neighborhood association. Please reach out and make an effort to contact your nearby association presidents. Call and make an appointment or ask for permission to attend one of their board meetings. You may find very helpful information and people willing to give assistance and some guidelines.
You may find the NW/SW/NE/SE association Presidents:
Thank you for taking the time to visit and search for information. I hope all of these items will be helpful on your quest for revitalizing your Association. Please feel free to contact me at any time as a resource to assist you in your efforts.
Citizens Square, 200 East Berry St., Suite #460
Fort Wayne, IN 46802