Homes at Deer Mountain Homeowners Association

Homes at Deer Mountain Homeowners Association

Annual Meeting

October 18, 2010

I.  Call to Order 6:15 – Jack Keegan

II.  Quorum

A.  Ptarmigan Property Services determined that a quorum was present. Board members present were Jack Keegan, Richard Mayworm, Don Sweet, Ralph Hall, Linda Eibling by telephone, Modell Plummer by telephone, and Tom Wheelwright by telephone.

III.  Presentation by HOA Board

A.  At the regularly scheduled Annual Meeting of October 2nd, the Board presented a short overview of the accomplishments for the past year. There were not enough homeowners at the October 2nd meeting to constitute a quorum, so the meeting was re-scheduled for October 18. Although the presentation was not shown at the October 18 meeting, the accomplishments presented for the year are listed below:

1.  Established business-like relationship with Ptarmigan

2.  Implemented on-line and direct bill pay

3.  Eliminated bank service charges

4.  Modified Prohibited Acts -- more owner-friendly

5.  Changed trustee terms to agree with CC&Rs

6.  Repaired arches and picnic shed

7.  Worked with Keetley HOA on plat inconsistencies

8.  Held neighborhood clean-up day

9.  Held neighborhood social at Mike & Linda Eibling’s

10.  Enforced weed spraying requirement

11.  Established trails committee to register and improve trails

12.  Repairing street lights

IV.  Ballot Counting Committee

A.  The Board asked for volunteers to count the ballots at the meeting. They then appointed the following to serve as the ballot counting committee:

1.  Susan Clark

2.  Tricia Browne

3.  Julie Monahan

V.  Proposed Bylaw Changes

A.  The Board presented proposed changes to the bylaws that would change the term of board members to alternating two-year terms with the exception of the Todd Hollow Representative. The proposed bylaw change stipulated that as long as the owners of Todd Hollow Apartments were dues-paying members of the association, one of the trustees shall be the manager of the apartments. The bylaws would also be changed to stipulate that board members must be owners.

B.  Jack Keegan presented a motion that the proposed amendments to the bylaws be approved by the board and voted on by the members present. Rich Mayworm seconded the motion. A discussion of the proposed bylaw changes followed. Some points brought up in the discussion were:

1.  The manager of the Todd Hollow Apartments is not an owner, therefore the language would need to be changed in Section 4.1.

2.  Gary Oliverson presented a motion that a Keetley Representative, chosen by the Keetley Station HOA Board, be included in each Deer Mountain Board of Trustees. Discussion followed and there was no second.

C.  After discussion ended, the Board of Trustees approved the amendments to the bylaws with some revision and presented the amendments to the owners present for their vote. The amendments were approved by the members. A copy of the resolution with the amendment is attached as part of these minutes.

VI.  Nominations, Introduction of Candidates, and Vote for the HOA Board of Trustees.

A.  The floor was open for nominations for the Board of Trustees. No nominations were made beyond those previously nominated.

B.  The candidates for the Board of Trustees were introduced to the members and are listed below. Russ Wainwright was unable to attend due to a business commitment. Due to the passage of the bylaws amendments, board members will serve a two-year term. During this year of transition, candidates stated whether they were running for a one-year term or a two-year term. Also, due to the passage of the bylaws amendment, Ralph Hall will serve as the Todd Hollow Representative without a vote by the members.

1.  Ted Browne two-year term

2.  Linda Eibling one-year term

3.  Jack Keegan one-year term

4.  Richard Mayworm one-year term

5.  Craig Parry two-year term

6.  Don Sweet two-year term

7.  Russ Wainwright two-year term

C.  Members voted, ballots were collected and counted by the counting committee with Linda Lee acting as scribe. The following candidates were elected to serve on the 2010-2011 Board of Trustees: Ted Browne, Linda Eibling, Jack Keegan, Richard Mayworm, Craig Parry, Don Sweet.

VII.  The meeting adjourned at approximately 7:45 p.m.

RESOLUTION

AMENDMENT TO BYLAWS

WHEREAS, “Bylaws” is the Bylaws of the Homes at Deer Mountain Homeowners Association, Inc. and “Association” is Homes at Deer Mountain Homeowners Association, Inc.;

WHEREAS, notice of a meeting to be held October 2, 2010, at which members of the Association would vote on a proposed change to the Bylaws was sent to all members of the Association on September 10, 2010, by email and on September 13, 2010, by the U.S. Mail;

WHEREAS, no quorum was established at the October 2, 2010, meeting; an adjourned meeting was scheduled for October 18, 2010, at 6:00 p.m. with notice sent to homeowners on October 10, 2010, and

WHEREAS, a majority of the members of the Association in attendance at the October 18, 2010, meeting voted to approve changing sections 3.4, 4.1, and 4.2 of the Bylaws;

NOW, BE IT RESOLVED, that the aforementioned sections of the Bylaws be changed to state the following:

3.4 Annual Meetings.

An annual meeting of members shall be held on the first Saturday of October each year, starting at 10:00 am. If the date for the annual meeting of members is a legal holiday, then the annual meeting of the members shall be held on the next business day or within 180 days following the end of the fiscal year of the Corporation at a date and time designated by the board of trustees. At each annual meeting trustees shall be elected, reports of the affairs of the Corporation shall be considered, and any other proper business may be transacted.

4.1 Governing Board.

The affairs of the Corporation shall be managed by a governing board of trustees. Trustees need not be residents of the State of Utah. Trustees must be owners as defined in the CC&Rs, or a duly appointed agent of the owner if the owner is an entity.

4.2 Number and Term.

The number of trustees on the governing board shall be three, five, seven or nine. As long as the Todd Hollow Apartments are dues-paying members of the Association, one of the trustees shall be the manager of the apartments. The number of trustees shall be increased or decreased from time to time by amendment to the Bylaws. No decrease in number shall have the effect of shortening the term of any incumbent trustee. Each trustee shall hold office for a term consisting of the shorter of two years or until his or her successor shall have been elected or appointed and qualified. For the first year of implementation of the two-year term change, one-half of the trustees (excluding the Todd Hollow representative) shall be elected for a one-year term. The other half of the trustees shall be elected for a two-year term. Each person seeking election the first year of the change shall specify if they are seeking the one-year or two-year term. All subsequent years’ trustees shall be elected for a two-year term.

NOW, BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to all Owners at their last known address.

ATTEST:

______

President, Board of Directors Secretary, Board of Directors

Homes at Deer Mountain Homes at Deer Mountain Homeowners Association, Inc. Homeowners Association, Inc.

Date: ______