HOA Board of Directors Meeting

Canyons Homeowners’ Association - July 11, 2022

Agenda

1. Call meeting to order

2. Review minutes of the last meeting

3. Review current financials

4. Board Director volunteer review & vote

5. Discuss berm work near Burris

6. Discuss New Counsel search

7. Discuss Covenant amendments

8. Review quote to stock fish

9. Miscellaneous items, if any

10. Adjourn meeting

Minutes

Meeting was called to order at 6:28 pm CST by President Amanda Aker. Members in attendance include:

President – Amanda Aker

Vice President – Rusty Kraybill

Treasurer - Sharon Kraybill

Secretary – Brian Grace

Director - John Rogers

Director – Randy Seales

FIRST ORDER OF BUSINESS REVIEW MINUTES OF THE APRIL 27TH, 2022 MEETING & APPROVE

Changed the Sixth order of business to reflect the change that Randy is going to stay on the board until a replacement can be found. John Rogers moved to approve the minutes of the April 27th, 2022 meeting with the proposed change. Sharon Kraybill seconded the motion. Minutes for the April 27th, 2022 meeting were approved with update.

SECOND ORDER OF BUSINESS REVIEW CURRENT FINANCIALS AS OF THE END OF JUNE

Sharon provided a review of the 2022 financials as of June. No changes were made or suggested. Amanda Aker moved to approve the financial statements to date. Brian Grace seconded the motion. The financials were approved.

THIRD ORDER OF BUSINESS BOARD DIRECTOR VOLUNTEER REVIEW AND VOTE

The board discussed the Section 2 volunteer Rick Bailey. John Rogers moved to accept Rick Bailey at the Section 2 Director board member. Rusty Kraybill seconded the motion. The board unanimously voted to approve Rick Bailey as the new Section 2 Director. Sharon Kraybill rescinded her request to resign from the board at this time as noted in previous meeting minutes. Amanda Aker moved to accept Sharon Kraybill’s rescinded resignation, John Rogers seconded the motion and the motion was passed. Since Randy Seales will still be retiring at the end of the year, or once a replacement is found, Amanda Aker will send out volunteer request cards to all sections. The board also discussed the option of outsourcing the HOA management to a 3rdparty company like Beacon HOA.. The board will research and discuss this option in more detail at future meetings.

FOURTH ORDER OF BUSINESS DISCUSS BERM WORK NEAR BURRIS

The board discussed the berm work that needs to be completed near Burris Rd to eliminate the water pooling south of the berm. Rusty Kraybill provided an estimate from Carrier Excavation of $1,000 per opening that needs to be made. The board decided to push the discussion to the last meeting of 2022 or the first meeting of 2023 closer to the time the work will need to be completed.

FIFTH ORDER OF BUSINESS DISCUSS NEW COUNSEL SEARCH

The board discussed results of the meeting and communications from Houston, Osborn, Sexton & Thomas, PLLC (Sexton) of Stillwater, Oklahoma. Their reputation and work this far were satisfactory and Sexton would be available to represent the HOA in court, if needed. Sharon Kraybill made a motion to retain Sexton as HOA’s legal counsel and Randy Seales seconded the motion. The motion passed. Amanda Aker will reach out to Houston, Osborn, Sexton & Thomas, PLLC to conduct a conflict of interest to finalize the decision and provide feedback on matter discussed during the meeting.

SIXTH ORDER OF BUSINESS DISCUSS COVENANT AMENDMENTS

The board discussed the requirements to make changes to the Canyons HOA Covenants. Changes to the Covenants would require a specific percent approval of current owners of each section to pass according to Title 11, Section 42-106.1. The required percentage differs based on the age of the Section..

For chart of % votes required please see the chart at the end of the page.

Section 3 is unique as it is renewed each year.

For example, the Section 4 Covenants require a 100% approval from the current Section 4 owners to allow changes to the Covenants for Section 4. While older sections require fewer yea votes to pass, e.g., Section 1 has 17 lots and would require 60% approval (or 11 yea votes) to amend the Section 1 Covenants. The board also discussed the possibility and requirements of utilizing electronic voting.

The board reviewed possible amendment to Covenants based on comments from neighbors. Amanda Aker will send the proposed amendment to Houston, Osborn, Sexton & Thomas, PLLC for comment especially concerning the Fair Housing Act, State, and Local laws. If approved by Sexton, the board will likely start with an unofficial survey of the older section to ensure it is worth the cost and time to administrate an official vote of owners.

Proposed Amendment to Covenants for Section 1, 2, 4, 5, & 6.

Amendment to Article I

Section 28. Except as otherwise provided herein, a dwelling unit must be occupied by an owner [or immediate family] and shall not be rented or leased [or subleased to those who are not immediate family members. All agreements must be submitted to the Homeowners Association within 30 days.] Owners of the dwelling units being held for sale shall be permitted to lease on a month-to-month basis if, and only if the dwelling unit is being held for sale [with active showings with a local realtor]. This provision shall apply to an owner’s successors and assigns, including persons who acquire the home through inheritance or gift. If the title to a dwelling unit is conveyed to an owner’s creditor due to foreclosure, or by deed or assignment in lieu of foreclosure, the mortgagee/creditor shall be entitled to rent the dwelling unit as if such mortgagee/creditor were an heir or devisee of the owner for a period not to exceed one year following the creditor’s acquisition of title. Any successor to such mortgage shall be subject to the restrictions set forth in this Section. Tents of rental units must meet all rental units must meet all requirements for occupancy and are subject to all Association documents, including this Declaration and all rules and regulations promulgated thereunder.

The above is based on Section 6 from the Village covenants with changes in [ ]

Possible additions to allow for enforcement.

[Owners who rent or lease or sublease to those not of their immediate family, will be subject to a $2,500 fine each month payable to the Homeowners Association at the beginning of each month. Such funds may be used to compensate for enacting Section 27 by the Homeowners Association Board. If such funds exceed the yearly total excepted dues of the Homeowners Association for the following year, the Homeowners Association may use the all or part of the funds for maintenance or improvements instead of assessing dues or special assessments for the next year. If fines are not paid within 45 days of the due date, the Homeowners Association can place a lien on the property.]The board will review the response from the attorney and discuss at the next meeting.

SEVENTH ORDER OF BUSINESS REVIEW QUOTE TO STOCK FISH

Discussed the cost to stock fish in the ponds. The cost varies based on the number of fish that we want to introduce to the ponds. Jason Webber with TurnPro Aquatics recommends that we remove the excess turtle population from the ponds prior to adding fish to prevent the fish from immediately being eaten by the turtles. Jason will also be consulted as to the level of fish we currently have and can safely support in the ponds. Randy Seales will observe the population of fish in the north pond by the playground.

EIGHTH ORDER OF BUSINESS MISCELLANEOUS ITEMS

Frisbee golf quotes are still too expensive due to the cost of construction materials. Frisbee golf consideration will be tabled until the cost comes down significantly before reconsidering. Rusty Kraybill will reach out to Ideal Homes to discuss adding them as a temporary member of the board making them aware of issues faced by the community and how to address issues. Their seat would only be allowed while they own a majority of the lots in a section. John Rogers brought a question regarding fences and the size requirements from the 55 Village. Only total height of fences is in the Covenants and some restrictions result from City Ordinance based on the location of the lot. The progress of the flowerbed work by Lanzby was discussed and it was noted that the sprinklers are running 3 nights a week. The current mowing contract with GreenMasters ends in January. The board will bid contracts before the end of the year. The board discussed having a gathering in the Fall for all the neighbors to attend.

NINITH ORDER OF BUSINESS ADJOURN

Rusty Kraybill moved to adjourn the meeting and John Rogers seconded the motion. Meeting was adjourned at 8:41 pm CDT.

Brian Grace

Secretary