Submitted by Jim Haar
The following four comments will be presented at the June 5 BOD Meeting with regard to Agenda Items 7.d “Review and approval of Country Club Committee and Charter” and 7.e “Discussion on alleged violations of NRS 116 regarding the Country Club Lease Agreement”. Concurring or opposing views welcome.
- Given that the alleged NRS violations are apparently still an unresolved issue, I suggest it is inappropriate for the Board of Directors and the proposed SGCC Committee to enter into discussions or agreements with the Country Club regarding the proposed Lease Agreement modifications. That is, not until such time as the violation of law issues are resolved.
- Based on Mr. Kanyr’s recent Lease Agreement cost/benefit analysis, it is clear that entering into the Lease Agreement was not a wise decision. An obvious conclusion being that the millions of association dollars being directed toward the Lease Agreement should have been more prudently applied to other endeavors or returned to the homeowners via reduced assessments.
- Based on the cost/benefit analysis, I suggest the Board strongly consider termination of the current Lease Agreement and apply the saved funds elsewhere. The same applies if it is shown that the alleged violations of law have merit.
- I recognize that there are those who support subsidizing the Country Club’s operating losses for fear that it could go “brown”, thereby having a negative effect on property values, which may or not be the case. However, this is a moot point as I contend that nowhere in the SOA’s governing documents does the Board have the authority to undertake independent actions for the purpose of protecting property values, especially with private entities. If the Board wants to modify the Governing documents to include some sort of community membership in the Country Club and assess homeowners accordingly, then they should do so in a legal manner and submit it to all association members for majority approval.
As for Country Club members, if they honestly believe the Lease Agreement is all about providing a “wonderful opportunity” for homeowners “to access Country Club facilities and amenities”, and that offsetting operating losses is not the case, then they lose nothing by its termination. However, I believe most know what the Lease Agreement is truly about.