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!

8 thoughts on “The CC&R Circus Continues …

  1. I noted the following from the recent posts

    1) Ballott analysis prior to the final count is considered “rigging” in Illinois

    2) The HOA of Crimea recently conducted a similar “unaminous vote” to leave the Ukraine and join Russia.
    I am sure our fellow SC residents would also like to leave…a “rigged vote” by their board, maybe…
    Perhaps now our Championship Golf Course can be annexed into the new Sierra Vista Park (see RGJ) – Wow! we would have serious hiking and dog walking trails in and out of Somersett and some real grass (useful for some purposes)!

    3) Brooklyn, NY used to get people to the polls with the mantra “vote early and vote often”…
    (not the Russian bits (Nets, Brighton Beach) awaiting an opportunity to join Russia)

    4) Why cant the Board admit these few amendments to our CC&R’s were hasty, ill-thought out? They had admitted that they had blown the “leasing” part by omitting a $ limit. They also said that further changes to the CC&R’s would be required.
    Maybe these weren’t changed so that the developers can continue biulding another 1200 houses, using the current homeowners nickel to provide the additional amenties required!

    5) The Vote on Somersett HOA buying the CGC requires an additional change in the CC&R’s. At least that is the impression the AG has, and she indicated in the August agreement – To me these two items should be bundled and voted on using the 50% +1 rule.

    One only has to live long enough – how many seasons of “Lost” did we have to endure on TV?

    Green “Green” Grass of Home

    “The old home town looks the same
    As I step down from the train
    My Old House is still standing
    Though the paint is cracked and dry
    As they lay me ‘neath the green, green grass of home”
    Johnny Cash
    (also sung by Tom Jones)

  2. Has anybody ever determined where our governing documents require a minimum number of votes to defeat a CC&R amendment. Robert’s Rules states that such an amendment fails unless it receives the required minimum number and percentage of votes before the close of balloting. The opening of ballots to “see where we stand” constitutes the close of balloting under Robert’s Rules even if there were valid reasons for delaying earlier deadlines set for the close of voting.

    When does the AG’s deadline to complete a CC&R change and contract approval regarding SGCC expire? Does anybody know if the AG is looking at this travesty of an “election?”

    1. CC&R Article XII, Section 4 discusses amending the CC&R’s. Not a minimum number, but a minimum percentage (51% not a majority 50%+1).

      I’ll go with Robert’s Rules. Tell the Board. However, I think the Board has to have adopted conducting their meetings by Robert’s Rules for them to be effective. Anybody know if that is the case?

      If we aren’t using Robert’s Rules, then the early opening of the ballots was an immoral act.

      The AG gave ten months which ends June 15.

      I don’t know how the Board plans to have a CC&R ballot count on June 13 and then conduct a two-day election for the New Agreement.

  3. I just received a letter from Bob and Peggy Ulrich ( with a return address of 1140 Meridian Ranch Drive – only days after changing my SOA mailing address from my Somersett home to my other home. The letter states that the Ulrichs are contacting all “1200 absentee owners” to urge them to vote for the forthcoming SGCC contract. SOA has clearly provided the addresses of “absentee owners” to the Ulrichs. Has SOA provided a similarly culled list of SOA members who have not yet voted in the CC&R “election?” While providing a list of all SOA members to any SOA member for purposes directly related to SOA business (such as an election) is surely legal, sorting and culling the list is surely an invasion of privacy and an illegal interference in the conduct of a fair and open election. Any sympathetic lawyers know how to proceed to halt or overturn this sort of act?

    1. What’s your proof that SOA provided that information to these folks? Just because you can’t figure out how to get that information doesn’t mean other people can’t.

    2. Per the SOA Community Manager, the association has not provided any mailing lists to the Ulrich’s or any other unit owner. This question has been raised in the past with the response that the association will not and cannot engage in such practice. It is not difficult to obtain addresses for Sommersett residents from other avenues. However, if the Ulrich’s mailing list is truly just for absentee owners (1200 sounds a little high), then it is difficult to see how this list could be obtained from anywhere other than an SOA database, or extensive search of public records. Perhaps someone out there has an answer.

      1. The SOA and Sierra Canyon Association (SCA) databases are the only ones I updated with the new mailing address – mere days before the Ulrich’s sent their letter. The 1200 absentee owners claim is from the Ulrich’s letter, and may. The SCA database does not include the information required to generate the required mailing list. The post office does not have the required information to include me on this list, and the Assessors office cannot make mailing addresses public, so where else does one get the information to produce a list of “absentee owners” other than SOA? Does anyone really believe the mailing within days of changing my mailing address on SCA and SOA records (and only on those databases) is a coincidence?

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