Minutes from Sept 13, 2022

HOA Board of Directors Meeting

Canyons Homeowners’ Association - September 13, 2022

Agenda

  1. Call meeting to order

  2. Review minutes of the the last meeting

  3. Review current financials

  4. Review Board Director volunteers

  5. Discuss mulch in park

  6. Discuss north pond work - fish and dead trees

  7. Discuss Covenant amendments

  8. Discuss neighborhood movie gathering

  9. Miscellaneous, if any

  10. Adjourn meeting

Minutes

Meeting was called to order at 6:30 pm CDT at by President Amanda Aker. Members in attendance include:


  • President – Amanda Aker

  • Vice President – Rusty Kraybill

  • Treasurer - Sharon Kraybill

  • Director - John Rogers

  • Director – Randy Seales

  • Director – Rick Bailey

First Order of Business Review Minutes of the July 11th, 2022 Meeting & Approve

Meeting minutes were reviewed, and no changes were made. Sharon Kraybill made a motion to approve the minutes as written. Rusty Kraybill seconded the motion. The meeting minutes for the July 11th , 2022 meeting were approved.

Second Order of Business Review Current Financials

Sharon Kraybill provided a review of the 2022 financials. No changes were made or suggested. John Rogers moved to approve the financial statements to date. Randy Seales seconded the motion. The financials were approved.

Third Order of Business Review Board Director Volunteers

Amanda Aker provided the volunteer forms submitted by neighborhood volunteers as of the time of the meeting. The Board was greatly appreciative of the three Canyons neighbors who submitted forms. The Board reviewed the forms and decided to hold interviews with the volunteers before voting.

Fourth Order of Business Discuss Mulch in Park

The Board discussed the mulch condition in the park. Rusty Kraybill asked the groundskeeper to level the mulch to determine how additional mulch would be needed. The Board reviewed alternatives like cork and artificial turf that would last longer. The price of each was $70,000 and $50,000, respectively. The Board decided both options were too steep for the current budget. It was estimated that the park would need approximately one ton of ADA compliant mulch. Rusty Kraybill and Amanda Aker will seek quotes and report at the November meeting.

Fifth Order of Business Discuss North Pond Work - fish and dead trees

John Rogers reported that we have lost 2 trees by the north pond and another on the southeast corner of the 55 Village. Rusty Kraybill volunteered to contact Powell’s Tree Service for a quote to remove the trees. The Board will vote to approve the cost over email to ensure timely removal.

Randy Seales reported that he was unable to locate fish in the north pond and the south pond had very few; however, the turtle population is high. This reflected the report from TurnPro. The Board decided to allow TurnPro time to remove most of the turtles before reviewing in the spring whether to restock the ponds.

Sixth Order of Business Covenant Amendments

The Board reviewed the response from the new HOA counsel, Houston, Osborn, Sexton & Thomas, PLLC., regarding a proposed amendment to covenants. The attorney provided the following adjusted Section 28 amendment

Section 28. Except as otherwise provided herein, a dwelling unit must be occupied by an owner [or immediate family within one degree of consanguinity] and shall not be rented or leased [or subleased to those who are not immediate family members. All agreements for occupancy other than by the owner of the dwelling unit must be submitted to the Homeowners Association within 30 days of the dwelling unit being occupied by someone other than the owner.] Owners of the dwelling units being held for sale shall be permitted to lease on a month-to-month basis, not to exceed one year in duration if, and only if the dwelling unit is being held for sale [with active showings by 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 sale, or by deed or assignment in lieu of foreclosure, the mortgagee/creditor shall be entitled to rent the dwelling unit 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. Tenants of 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.


Owners who transfer possession of a dwelling unit to those not of their immediate family, as defined above, 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 by the Homeowners Association Board at its sole discretion to enforce any of the restrictive covenants contained in this Declaration pursuant to Section 27 above. If such funds exceed the yearly total expected 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 60 days of the due date, the Homeowners Association can place a lien on the property, which may be foreclosed in an action filed by the Homeowners Association in the district court in and for Payne County, Oklahoma.

The attorney indicated that the amendment was acceptable and that affirmative votes should include a physical signature by an owner of a lot. Votes should be maintained for HOA records to show the necessary number of lots approved of the amendment. Each section can vote to change their Section’s covenants if the yea vote in their section exceeds the following:

% Approval of Owners Age of Covenants Applicable Sections as of Meeting

100% <10 Years 4 & 5

70% 10 Years< and <15 Years 2 (until 9/21/2022)

60% >15 Years 1


With the approved amendment from the attorney, Rusty Kraybill moved that the Board would facilitate a vote if a Section provided the Board with a list of owner signatures in sufficient number to approve the amendment thus justifying the expenditure of HOA time and resources. The Board will not take further action until said list is submitted and verified against lot ownership records. Amanda Aker seconded the motion. The motion passed.

List of Owner Signatures: Name Signature Address Date

Seventh Order of Business Neighborhood Movie Gathering

Director Brian Grace was unable to attend the Board meeting due to illness so the neighborhood movie gathering update was held over.

Eighth Order of Business Miscellaneous items

The Board reviewed the berm work needed along Burris Road. Due to drought conditions, the Board decided to hold work until spring to ensure the grass would grow, preventing erosion. John Rogers approved berm work along Burris Road not to exceed 5 openings. Rusty Kraybill seconded the motion. The spring berm work not to exceed 5 openings was approved.

The Board was reminded that new outbuilding requests responses but be delivered within 10 days. The 10 days starts with the receipt of a complete request which will be acknowledged. The minimum details needed for a complete request are available on the HOA website. Most votes will likely take place via email to ensure a timely turnaround.

In case a major hailstorm requires replacement of aging roofs in the neighborhood, Rusty Kraybill reminded the Board that the Building Committee as defined in the Covenants must approve all new shingles.

Sharon Kraybill reported on an HOA service, Beacon. The Board discussed the need for a new Treasurer at some point and reviewed Beacon as an alternative. The cost was considerably higher than the Board felt was necessary for the services rendered at this time, but acknowledged they may need to reconsider if the demands on the volunteer Board become too high to ensure quality and security.

Like the ponds, Brooks Park is considered a private park for use by Canyons neighbors and guests. The City does not provide any support for the park.

The Board discussed the work done by Lansby, the new flower bed maintenance service. The Board was concerned that the promised scheduled upkeep may not be possible and that any plants they quoted to install would die without proper care. Rusty Kraybill will ask for an itemized list of work completed and hours spent thus far for comparison to the quote approved. Until then we will ask Lansby not to plant flowers.

The Board reviewed bids received for mowing. The current service provider Greenmasters was the most competitive bid received. John Rogers moved to retain Greenmasters as our mowing contractor. Rusty Kraybill seconded the motion. Motion passed. Rusty Kraybill will obtain the new contract for HOA records.

John Rogers will call the Post Office to determine if the HOA can be assigned a US post box in the neighborhood stacks.

In order to ensure new neighbors are aware of the HOA communications and information available on the HOA website, Facebook group, and Nextdoor, the Board decided to send a letter to the new owner(s) when they receive a new owner notice. Amanda Aker will create a draft for approval.

Ninth Order of Business Adjourn

Rusty Kraybill moved to adjourn the meeting and Rick Bailey seconded the motion. The meeting was adjourned at 9:13pm CDT.

Created by Amanda Aker on behalf of the Secretary – Brian Grace