The CC&R Circus Continues …

Somersett UnitedTwo new developments in the CC&R Amendment Voting process:

Deadline Extension

Having not received enough homeowner votes to decide either approval, or disapproval, of the proposed CC&R amendments, the SOA Board of Directors (BOD) has extended the deadline for CC&R ballot submittals once again.  This time until June 13, 2014.  It is not known what initiatives the BOD will undertake this time around to solicit more submittals.  Hopefully, no more duplicate ballot mailings and robo calls to those who have already submitted their ballots. Since the initial ballot mailings on November 1, 2013, the new deadline amounts to a seven and a half month period for obtaining ballots. Although the associations governing documents establish no time limit in this regard, one wonders when it is time to throw in the towel and regroup.

Dissemination of Opposition Statement

In January of this year a Somersett homeowner submitted a request to the BOD, on behalf of himself and others, to include an opposing viewpoint in CC&R Ballot related mailings countering the approval opinions and recommendations being expressed by the BOD in their publications.  The homeowner quoted an “equal space” Nevada law (NRS 116-31035), which he believed granted the right to do so. Eleven weeks later, the homeowner received a letter (dated April 10) from the SOA’s attorney validating this right. The letter further stated that the BOD was developing a process to handle such requests and that the BOD would accept a one page document on 8.5 x 11 paper and would disseminate such within a reasonable time frame and while the vote is still ongoing.

Given the eleven week period before notifying the resident of this right, the BOD conducted additional mailings soliciting CC&R ballot submittal and approval, without any opposing viewpoints. Since most of the ballots the BOD is likely to receive have already been submitted, disseminating an opposing viewpoint between now and June 13 will likely have little impact. One can only question the BOD’s reasons or motives for taking so long in addressing this simple request.  As it turns out, it’s akin to closing the barn door after the horse has gone!