249 is a “Black Magic Number”

Posted by Joe Bower, Del Webb Owner & Member Somersett Owners Association

Currently there are a total of 2,478 units owned in Somersett and its sub-associations.

Per State Law quorum is 20% (496) of owners present in person or by proxy at a meeting

“Majority Percentage Vote” of the quorum is 249 (50% +1).

Approving the proposed 4 CC&R Amendments (the vote is for all 4 or none) means that without a vote of all 2,478 owners, the Board will be able to:

  • Purchase or annex property up to a market value of $500K
  • Lease real property without a defined dollar limit
  • Increase annual or special assessments above allowed limits
  • Hold a “black magic vote count” – legally known as a “Majority Percentage Vote” – to purchase or annex property in excess of $500K, for example, purchase of the Country Club property for $2.75M as the BOD has proposed for the new Country Club agreement.

“Majority Percentage Vote ” means an affirmative vote count of at least 249 of the owners voting in person or by proxy at a quorum meeting.

Also, this same “Majority Percentage Vote” count (249) applies when at least 496 owners vote by written/mail-in ballot.

DON’T LET 249 OWNERS APPROVE SOMETHING YOU MAY DISAGREE WITH

Don’t confuse the 4 CC&R proposed changes with the goings on with the Golf Club. They are separate. HOWEVER, if the CC&R changes are approved, just 249 unit owners can approve the soon to be voted upon New Agreement between the Association and the Club.

IF YOU DON’T WANT THE EFFECTS OF THE 4 AMENDMENTS TAKING POWER OUT OF YOUR HANDS AND GIVING IT TO THE BOARD, THEN EITHER CAST A DISAPPROVE BALLOT OR DON’T VOTE AT ALL

A NON-RETURNED BALLOT IS THE SAME AS A DISAPPROVE VOTE.