What’s the Delay? Fish or Cut Bait

Posted by Geoffrey Brooks  –  Somersett Association Member

Presentations were made by the Somersett Owners Association (SOA) Board of Directors (BOD) last year, using a signed Letter of Intent (LOI) as the “model” for a new agreement between the Somersett Golf and Country Club (SGCC) and the SOA. The proposed new agreement involves purchase of SGCC land along with some SGCC access amenities.  Homeowner questions were solicited on the LOI, most of which have been posted and answered on the MySomerset  web site.

We were told by the BOD that the final “legal” document would be ready to VOTE on BY APRIL, with two months to get the vote done and the agreement approved by June 16th – this was the deadline set by the Nevada Attorney General’s office in their stipulation (i.e., “Agreement to Stay Investigation” on the legality of the current SGCC Lease Agreement).

I have discussed the LOI with my attorney, who tells me that he could have it transposed into an executable legal document in “less the two weeks”. I cannot understand why this has taken so long….

Maybe, one of the parties has balked at the agreement???

Before we can vote on the “BUY a Golf Course deal” – we need to see what changes need to be made to the CCR’s regarding the status of the Country Club within the SOA – IT IS NOT in the PUD and excluded in our CCR’s.

Article VII Section 6 “No Right to Use” of the SOA CC&R’s states:

“Neither membership in the Association nor ownership or occupancy of a unit shall confer any ownership interest in or right to use the Country Club”

When I discussed this CCR with the Board (Tiffany Roland, in February 2012), she told me that under the current lease agreement we did not have the “right to use”, but were simply being granted “access” (which costs everyone $15/month!)!!!

All the language in Article VII of the CCR’s needs to be clarified – as I read it, the SOA does not have any power to do/negotiate anything with the SGCC – a separate entity – outside our PUD.

We need to change/clarify this CCR Article and vote on the change. We should also get to vote on whether the SGCC land can be purchased into the Somersett PUD.

To understand the limited relationship between the SOA and the SGCC, as currently defined in the CC&R’s, I URGE ALL TO READ the following Sections of Article VII.

Section 3 – Declarant Easements

Section 5 – Ownership and Operation of Golf Club

Section 6 – No right to Use

Section 7 – Golf Club View Impairment

Section 8 – Limitation on Amendments