Dear Homeowner:

Your assistance is needed to amend the current Covenants, Conditions and Restrictions (“Covenants”) affecting the Homeowners Association for the Fountains Association, Inc. The Board of Directors for the Association is working on updating the current Covenants, first created in 2003, and creating By Laws. In the course of doing so, it is noted that there is presently not an agreeable definition of what constitutes an amendment to the Covenants or what constitutes a quorum for doing business.

At the Association member meeting held on July 14, 2025, it was agreed that a proposal be circulated to all the property owners in the Fountains which would clarify the definition of an “amendment” and define what constitutes a “quorum” of members so business can be conducted.

We will need a signed agreement from the then-Owners of two-thirds of the Lots in the Association to accept these changes and that is why you are being asked to participate.

Amending the Covenants

At present, there is not a specific section set forth in the Covenants which details a process for amending the Covenants. The only reference to amendments is contained in Article IX, General Provisions, and it states:

“Section 9.1; Duration-The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, devisees, personal representatives, trustees, successors, and assigns, for a term of twenty-one (21) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then-Owners of two-thirds of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or in part. Written notice of the proposed agreement shall be sent to every Owner at least ninety (90) days in advance of any action to be taken.”

The Board proposes amending Section 9.1 by stating that meetings where amendments to the Covenants are discussed follow the usual notice requirements and that the 90-day notice requirement be deleted. A proposed amendment is attached. The Board is also requesting that the 90-day notice rule in Section 9.1 be waived for the purposes of this amendment process.

Quorum for Meetings At present, there is not a definition of what constitutes a quorum for purposes of conducting general business. At the July 14, 2025, Association meeting, it was discussed that a reasonable quorum requirement for a first meeting on any issue be the presence of at least sixty percent (60%) of all persons entitled to vote, including proxies. In the event the required quorum is not present, another meeting may be called within thirty (30) days, and the quorum shall be one half of the required quorum, or thirty percent (30%) of all persons entitled to vote, including proxies. A proposed amendment is attached.

PROPOSED AMENDMENT NO. 1:

It is proposed that Section 9.1 of the Declaration of Covenants, Conditions, Restrictions and Owners’ Certificate be amended to read as follows: ”Section 9.1; Duration and Amendments-The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, devisees, personal representatives, trustees, successors, and assigns, for a term of twenty-one (21) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an Amendment voted on and approved by the then-Owners of two-thirds of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or in part. Written notice of any proposed Amendment shall be sent to every Owner at least thirty (30) days in advance of any meeting to consider such Amendment, and in accordance with Section 9.2-Notices- herein.” PLEASE INDICATE YOUR APPROVAL OR DISAPPROVAL OF PROPOSED AMENDMENT NO. 1

I Approve

I Disapprove

PROPOSED AMENDMENT NO. 2:

It is proposed that a new Section 9.6 be added to the Declaration of Covenants, Conditions, Restrictions and Owners’ Certificate as follows: "Section 9.6: Quorum-Except as otherwise set out in this Declaration, the presence at a meeting of Members, or of proxies, entitled to cast sixty (60) percent of all the votes of membership shall constitute a quorum. If the required quorum is not forthcoming at such meeting, another meeting for the same purpose may be called, subject to appropriate notice requirements, and the required quorum at any such subsequent meeting shall be one half of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than thirty (30) days following the preceding meeting." PLEASE INDICATE YOUR APPROVAL OR DISAPPROVAL OF PROPOSED AMENDMENT NO. 2

I Approve

I Disapprove

WAIVER OF NINETY DAY NOTICE FOR PURPOSES OF THIS BALLOT:

Section 9.1 of the current Declaration rquieres ninety day notice be given of any action to be taken to change the Covenants. For purposes of expediency for this ballot, it is proposed that the ninety day requirement be waived. PLEASE INDICATE YOUR AGREEMENT OR DISAGREEMENT TO WAIVE THE NINETY DAY NOTICE REQUIREMENT IN CURRENT SECTION 9.1:

I Agree

I Do Not Agree

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By submitting this form, I hereby affirm that the information provided is true, complete, and accurate to the best of my knowledge. I understand that knowingly providing false, misleading, or fraudulent information may subject me to civil and/or criminal liability under applicable federal and state laws, including but not limited to penalties for perjury, fraud, or misrepresentation. I further acknowledge that the Association reserves the right to take legal action to enforce these obligations and to invalidate any submission found to contain false or inaccurate information.

I affirm that the information I have provided is true, complete, and accurate, and I understand the potential legal consequences of providing false or misleading information.

Fountains OKC

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