Board of Director Election Results

Somersett UnitedThe following candidates were successful in being elected to the Somersett Owners Association (SOA) Board of Directors (BOD), and are to be congratulated.

Joe Fadrowski           Tony Fakonas              Susan Novell

They will join holdover directors Danielle Kirby and Chris Huff in making up the five person SOA BOD.

Approximately 900 ballots were received, which is disappointing given the approximate 2600 eligible unit owners.   Discounting ballots cast by special interests (e.g., Builders and Country Club) it is apparent the majority of Somersett owners were somewhat apathetic with regard to the BOD election.

The next scheduled Board meeting is for December 10, which will be conducted by the new BOD and presumably include the election of officers (e.g., President, Treasurer and Secretary).  Attendance at BOD meetings by owners has been lacking in the past.  Hopefully this can be improved upon in 2015.

Rules of the Road for Comments

Somersett UnitedThis website has taken pride in publishing comments, without any filtering, regardless of their content. However, having recently received Blog comments that were deemed inappropriate, and hence not published, we would like to set the following guidelines:

  • Comments should represent a concern or issue of general interest to the Somersett community. Generally in response to published articles and/ or other comments.
  • Comments should be written in good taste. Those not written in a civil manner or specifically targeting individuals with disrespectful or demeaning comments will not be published.
  • Comments should be brief and to the point. We recommend a 250 word limit.
  • Comments may be submitted anonymously or via pseudonym if so desired.

The preceding should not be construed as limiting anyone’s right to express their viewpoint on association issues.  If a comment is deemed inappropriate, the submitter will be advised of such with an opportunity to resubmit.

Water Rights Appraisal Addressed – Another Viewpoint

Note: Most of the information below was extracted from an equal space letter to the BOD from Somersett Homeowners Against the Purchase Agreement and reprinted with their permission.

Recently the SOA Board of Directors emailed an information bulletin to Somersett homeowners stating that an appraisal of the water rights under the proposed Country Club purchase agreement was in itself worth the proposed purchase price. Everyone agrees that water rights have value and it is nice that they have been appraised for $2.67M. However, they are only of value if they can be sold.  Water “rights” do not constitute absolute ownership. Nevada water, whether above or beneath the surface of the ground, belongs to the public and is subject to Nevada Water Law, which is administered and enforced by the Nevada Division of Water Resources, or in the case of the Truckee River, by the Truckee Meadows Water Authority. Also, consider the following:

  • Under the proposed $2.75M purchase price, these water rights, along with the land, will be leased back to the Country Club for a 90 year period at a nominal annual fee of $2200. Therefore, of no value to the association during this or any subsequent leaseback periods.
  • In event of default, acquisition of these rights comes with a cost. Water is not free nor is the operation and maintenance of the distribution facilities required to deliver it.
  • What is the probability that the Country Club will fail such that the association will actually acquire the land and water rights for their own use? By their own admission they are currently financially solvent. If they do fail, should the association really be in the business of land development?

In their email, the BOD also urged you to submit your vote so as not having to extend the December 11 deadline. What they did not tell you is that per Section 5.3 of the proposed agreement, close of escrow must occur no later than December31, 2014 or the agreement will terminate immediately. This Section also states that close of escrow shall occur 15 days following approval of the agreement. This leaves essentially no time for extending the December 11 deadline.

A water rights appraisal is valid information to disseminate to homeowners. However, to do so without accompanying facts, risks and/or consequences is simply an attempt by the BOD to influence your vote. Do not let this happen. There are more major factors at play here other than the water rights appraisal that one should consider.

November 3rd BOD Meeting Recap

Somersett United
Somersett United

The SOA Board of Directors (BOD) held their bi-monthly meeting at The Club at Town Center (TCTC) on November 3, the agenda for which may be accessed by clicking on the following: November 3 BOD Meeting Agenda.

 A recap on some of the more significant agenda items follow:

6 a) Litigation Items – The BOD identified the following as unresolved litigation issues before the BOD:

  1. The Complaint action against the previous Developer controlled BOD citing violations of law associated with the current SGCC Lease Agreement, after much delay, has been officially filed by the Nevada Attorney General’s office. The Complaint may be accessed by clicking on the following:  Case No. IN-12-1581.  However, the complaint will not be prosecuted before the Nevada Real Estate Commission during the November Hearings as stated in the Complaint; rather it has been withdrawn for continuance to the March Hearings.
  2. A lawsuit has been filed against the BOD alleging the CC&R Amendment voting process was unlawfully conducted. Early stages, nothing to report on.
  3. CC&R issues associated with Northgate owners, who expanded their property by purchasing adjacent land formerly part of the Northgate golf course, is still open. This is a carryover from the previous Developer BOD with no resolution to report on.
  4. The Association has been named party to a homeowner lawsuit in a Chapter 40 construction defect against the builder.

6 c) Town Square Lot Purchase – The BOD voted to purchase the lot adjacent to the Town Square retail buildings for $250K. Funds are available within the Association to cover the purchase.  No current plans on use of the property, which is being bought for future amenity expansion. Some discussion as to what budget the funds would be coming from and whether not it would be Common Area (accessible by Sierra Canyon residents) or TCTC area (non-accessible by Sierra Canyon).

7 d) 2015 Budget and Special Projects – The BOD voted to approve the Association’s 2015 Budget, which is being mailed to all homeowners for ratification.

7 e) CC&R Amendment  –  In response to the complaint action brought against the BOD  with regard to the CC&R Amendment vote, the BOD voted to accept the results of the vote and move forward with its implementation.

7 f) SGCC Due Diligence Work  –  The BOD voted to expend funds (third party contracts) to support the following due diligence activities: 1) boundary line surveys, 2) non-evasive environmental reviews, and 3) water rights permit reviews.  These are not expected to be significant cost items.

7 l) Canyon9 Maintenance Contract – The only bid received for this contract was from the Somersett Country Club, who has maintained the course since its inception. Bid was for $300K, which was considered compatible with past bids and therefore accepted.  A difference from past contracts is that it was for one year only instead of three and not tied to the number of homeowner units.

Board of Director Elections

Somersett UnitedSomersett homeowners will soon be receiving ballots for the election of three members to the SOA Board of Directors (BOD). The obvious question you will face is, which of the seven candidates should I vote for? For those of you who attended the “Meet the Candidate Nights”, viewed the videos thereof, read the candidate statements and/or have personal knowledge, you may a have a sense of the candidates and perhaps made your decision.  For those of you who have not, SU would like to share our recommendations.

Based on Meet the Candidate Night Q&As, candidate statements, and acquired knowledge, SU is recommending a vote for the following to fill the three open BOD positions. To view their candidate statements simply click on their name.

Patricia Brooks – Ms. Brooks will bring a breath of fresh air to the BOD. She is an outspoken opponent of using SOA funds to shore up the Country Club via the proposed purchase agreement. She states that “Homeowners Boards are not developers, not buyers of land, not managers of golf courses; they should focus on keeping our community looking pristine and managing our assets”, and if elected, “will work to re-focus our community on doing what a homeowner association should be doingadding and managing amenities that are actually needed, as developers add another 1200 dwellings to our community”.

Robert Perkins – Mr. Perkins is a candidate without any pre-conceived agendas who believes: Serving on the Somersett Board of Directors will provide the opportunity for me to participate in community matters while at the same time representing all homeowners”. His BOD interests include: 1) establishing better communications between the Sierra Canyon and Somersett BODs (Mr. Perkins is a Sierra Canyon resident), 2) formation of new SOA Landscape and Safety Committees, 3) putting the Country Club issue behind us, and 4) promoting a more transparent and open door policy by BOD members.

Joe Fadrowsky.Mr. Fadrowski is a unique candidate having served as a director on numerous HOA BODs as well as participating on HOA committees. In this regard, he certainly brings a wealth of experience to any BOD, especially on financial and budget issues. Being a current member of the Sierra Canyon BOD, one might question if he will be able to devote sufficient time to both BODs. This was the subject of questions put to him at both candidate nights, which we believe he answered in a positive way and to the satisfaction of most.

SU believes the above candidates will bring fresh ideas, are not beholden to any special interests, will perform in the best interests of the association, be transparent in all matters, and hence a welcome addition to the Board.

NOTE:  As a convenience to voters, Ballot Boxes are available adjacent to the reception desks at both The Club at Town Center and Aspen Lodge.