I have no horse in this race. I do not live in Somersett nor ever plan to – I hate this sort of development. But there are things going on to change the underlying CCRs at Somersett that you readers are passionate about, so this will be a forum to chat a little. Somersett United
filters moderates their comments – I don’t, so go to it.
Somersett has gone through the transition from a developer controlled board of directors to a community elected board. The transfer of all the Developer’s rights to the HOA has raised some legal questions under NRS and SOA (Somersett Owners Association) is proposing some revisions to the underlying CCRs. HERE are the existing CCRs and HERE are the proposed revisions with some introductory comments from SOA. Some comments on the SOA proposals points from an outsider but a HOA Board Member elsewhere:
- Home owner’s don’t vote as a rule, making any sort of election in an HOA virtually impossible. I think using the NRS 20% as the quorum is low but it is certainly defensible. And I suspect Sierra Canyon turns out in droves compared to the general population and can defeat almost anything SOA would propose,
- I think the $500,000 limit is probably appropriate for a development the size of Somersett. I would have like to see a limit on the lease value defined – per year or over a term. Ideally, the purchase should not require ANY increase in assessments and certainly shouldn’t allow special assessments. And note all the references to REAL PROPERTY.
- I’m OK with the annexations. They are severely limited by the property identified in Exhibit A.1 (mouse or or click on the yellow post-its for information).
- I don’t like that Special Assessments could be imposed under the 20% quorum rule, but that’s just the facts living in a HOA. You have to trust your Board.
I am a member of a 68 unit Association that is built out, and we have 5 Board members and meet 10 times annually. It is not pleasant. But I’m at a loss why a 2500 member active and growing HOA has only 5 members meeting bi-monthly. but that is just an aside.
The proposed amendments to the Somersett CCRs look legitimate to me. SOA has done a HORRIBLE job reaching out to the community at large seeking input on these revisions and explaining why they are required to the community. Amending the CCRs takes a 50% + 1 vote of all members, so this one will most likely fail to be ratified, if only due to the Raisin Ranch voter block.
The proposed CCR revisions seem reasonable to me. The SGCC lease is a separate issue, but I believe these revisions will do not harm to the AG’s revulsion to that agreement. And I can not see where the approval of the proposed CCR revisions would benefit anyone but the SOA – they would be required if SOA ever wants to purchase the SGCC asset.
Read the docs, then make an informed decision.