Thaynes Canyon 1 Homeowner’s Assn.
Post Office Box 682736
Park City, Utah84068-2736
November 10, 2007
Minutes of the Annual meeting of the Thaynes Canyon 1 H.O.A.
The HOA President, Jean Martin, called the meeting to order at 10:20 AM. Since a quorum (51%) of lot owners was not present no business was conducted. The following is a report of discussions by members present.
Jim Kenny objected to the summer social being a budget item. A discussion followed and Jean Martin allowed as how it would probably remain in the budget. Jean Martin also reported that all but seven (7) members had paid their association dues.
Jean Martin then read a letter from HOA Attorney Richards wherein he explained the rational behind not having the Architectural Guidelines as a part of the CC&R’s. I will email the letter on request.
The new Website, is up and in the building stage. When complete, which the board hopes will be soon, you will be able to access information such as meeting minutes, Bylaws and so on. You will also be able to post messages and contact the Board. This will also be a useful tool for the real estate community for information.
There was a question from a member about “Board Insurance” and what it does. The policy basically protects the Board members from claims made against them for monetary damages. The insurer will also defend the Board in the case of such claims being made.
Jim Kenny raised the issue that the spelling of 1 as One on the proposed CC&R’s was inconsistent with the existing Declaration of Protective Covenants. A discussion followed. Since there is no 1 or One in the recorded Declaration or on the recorded Plat Map of the Thaynes Canyon Subdivision this discussion did not bear fruit.
Regarding the Rich Suit Jim Kenny reported as follows: He expects Mr. Rich to appeal Judge Lubeck’s decision but since the appeal has yet to be filed the substance is unknown. The expenses of the suit by the plaintiff homeowners have exceeded $200,000.00 thus far; the plaintiffs hope to recover these expenses from Mr. Rich who has been required to post a bond.
Of the 23 ballots so far cast 15 were in favor and 8 opposed, they will remain effective for 90 days from the date of the Annual Meeting. A total of 64 votes in favor are required to adopt the new CC&R’s.
A discussion of the proposed CC&R’s followed. Jim Kenny stated that he had severe problems with them so Jean Martin asked him to red line his objections for the Board to discuss. The same request was and is made to all homeowners, please. Jim Kenny also pointed out that the current DOPC (8.2 line 4) requires an execution, not a vote, by the lot owners to amend or repeal. A discussion as to the meaning of the word “execute” followed. The Board decided to take the matter up with our HOA attorney and perhaps set up a meeting with Jim Kenny and the Richards law firm.
Howard Edwards questioned how complaints were handled. Jean Martin explained that when a complaint in writing is made the Board will discuss the issue and come to a decision as to how to proceed. As an example when a boat was being stored in a driveway Jean Martin wrote a letter to the owner explaining that the Declaration required it be removed. The situation was resolved. Jean Martin stated that the Board does not seek out infractions but will respond to complaints in writing by owners.
The yet to be published Architectural Guidelines were discussed. The issue is whether they should be a supplement to the CC&R’s (or the DOPC) or separately recorded. That issue will require further study.
Since there were no further items up for discussion Jean Martin thanked all those who attended and continued the meeting until a date uncertain. The time was 11:45 AM.
Please contact me with additions or corrections. Thanks, Tom