The following submitted by Jim Haar, Association Member
On September 9th, a news article entitled “New and Improved Website” was published on the SOA website describing it’s “new improved” features. One of the quoted features was the following:
“In addition, the website design allows the posting of comments for members who have logged in. If you have an idea or want to share your opinion with the community, please feel free to post a comment on any article on the website. All comments are moderated to make sure they are not offensive, and your name will be shown be below the comment. However, we want to encourage the free and open expression of ideas and opinions which will make our community better. If you have something to say, but it doesn’t seem to relate to an article on the website, please email our Community Relations Coordinator with the article you wish to post.”
A commendable feature, which prompted me to submit an article on updating the SOA’s Governing Documents. However, that was two weeks ago and it has not yet been posted on the SOA website nor communicated back to me regarding any problem or delays. Apparently the SOA is not yet prepared to honor it’s own commitments. This is not acceptable given the compensation the SOA provides FirstServices Residential to manage this sort of thing. That said, the message I wanted to share with fellow homeowners follows:
Subject: Recommended Appointment for an Administrative Committee
The Somersett Owners Association (SOA) Governing Documents (e.g., the CC&Rs, Bylaws and Articles of Incorporation) are outdated and in need of revision. The current “Second Amended CC&Rs” were recorded back in 2005, the Bylaws in 2002 and the Articles of Incorporation in 2002. Since these documents affect every homeowner within Somersett, it is prudent that they be kept up to date to best serve the community and property owners. Therefore, I believe it is time for the SOA Board to establish an “Administrative Committee” for the specific purpose of reviewing the SOA’s Governing Documents and recommending updates to be voted on by Somersett owners. With the passage of time and subsequent “lessons learned”, some beneficial changes are most likely in order. As a minimum, sections that are no longer valid or applicable need to be eliminated and newly established doctrines added. These would include the following:
- The original Master Developer (Somersett Development Company) is still defined as the “Declarant” in these documents with certain rights, responsibilities and governing powers. However, this Declarant no longer exists and therefore, the Declarant needs to be redefined as being “The Somersett Owners Association”. Any sections that specifically reference the Master Developer need to be eliminated or revised.
- The current CC&Rs establish ownership and relationships between the SOA and the Somersett Country Club (SCC), which has changed because of the purchase of the SCC’s land and water rights by the SOA in 2015. The CC&Rs need to be updated to adequately define the current relationship.
- The SOA’s legal relationship with other residential and non-residential Town Center property owners needs to be defined in the CC&Rs.
- A review is needed to assure conformance with the current Nevada Revised Statutes (e.g., NRS 116) pertaining to Common Interest Communities.
The preceding should include collaboration with the Sierra Canyon HOA to make necessary updates to the “Notice of Annexation and Supplemental Declaration of CC&Rs for Sierra Canyon”. Perhaps by working together to review and propose changes to these CC&Rs, some of the dissent between the two Associations can be alleviated.