Important Homeowner Meeting on CC&R Amendments

If you did not have the opportunity to attend the Homeowner meeting at the Aspen Lodge on Wednesday November 6, wherein the proposed changes to the Somersett CC&R’ s were discussed, we urge you to attend the one to be held at:

The Club at Town Center at 5:30 PM on Tuesday November 12.

The Aspen Lodge meeting was a lively one with many residents questioning the wisdom of the proposed amendment changes.  Points of contention raised by homeowners included the following:

  1. Dollar limits for Board authority to purchase or annex real property into the Common Area.  Proposed amount is $500K (could apply to multiple purchases).
  2. Homeowner approval level for purchases over $500K.  Proposed amendment calls for majority vote of a “quorum”.  The current CC&R’s establish a quorum as 20%.  That is, vote is valid if 20% (500) of total homeowners (2500) cast ballots and if at least 50%+1 (251) vote yes, the measure is passed.
  3. Confusion over both the BOD election and CC&R approval ballots being contained in single mailing with only one return envelope, but different deadline submittal dates.
  4. Why information meetings are being held after the CC&R ballots had been mailed, why the rush?
  5. Voter approval level for passage of the Country Club Lease Agreement.  The BOD refused to answer what constituted a quorum for this measure or what percentage of homeowner votes would be required for its passage. It is interesting to note that no authority limit requiring homeowner approval was applied to real property leases as was done within the purchase and annexation amendments.

The preceding represents the more contentious issues raised at the Aspen Lodge meeting. It is anticipated these issues and others will again be raised at the November 12 meeting.   Please attend the November 12 meeting, listen to what the Board and your fellow homeowners have to say, and ask any questions you may have.  But most importantly, study the proposed changes, and make sure you understand their ramifications before submitting your ballot.

One thought on “Important Homeowner Meeting on CC&R Amendments

  1. A quorum of Somersett owners (and in any Nevada HOA) is 20%. That is not in the Somersett CC&R’s, but rather in the Nevada Revised Statutes (Civil Code) and added to them in 1991 (see NRS 116.3109). Per NRS “a quorum is present throughout any meeting of the units’ owners if persons entitled to cast 20% of the votes in the association: (a) Are present in person; (b) Are present by proxy; (c) Have cast absentee ballots in accordance with paragraph (d) of subsection 2 of NRS 116.311; or (d) are present by any combination of paragraphs (a), (b), and (c).”

    A quorum of any organization may decide things by a majority vote of the quorum attendees and all members of that organization are bound by the result of such vote.

    In the case of Somersett with the quorum (at this time) being 496 (20% of the 2,478 unit owners), a proposal put before them can be approved/denied by the majority, i.e. 249 (50%+1) at that meeting.

    That means Golf Club members showing up en masse with proxies of their sympathetic neighbors (a total group that easily could number 250 plus) could vote on something favorable to the Golf Club and all 2,478 association members are bound to whatever has been decided at whatever cost.

    A Somerset Board is needed that will put major decisions to a vote of all owners and not to the legal, but smaller quroum group. When too much is at stake for the long term and/or at great cost to all owners, they should vote on whatever affects them and not the Board nor the quorum.

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