Homeowner Forum on Governing Documents

The Somersett Owners Association (SOA) Website has published a “Latest News” article entitled “Homeowners Forum – SOA Governing Documents”, wherein they pose the following three questions to homeowners:

  1. Do you think these documents should be updated?
  2. Are you satisfied with the documents as they now exist?
  3. If you desire a change, are you willing to participate in homeowners group meetings to arrive at a final suggested/recommended change to be put before the homeowners for a vote?

The SOA governing documents include 1) the PUD, 2) the CC&Rs, 3) the Bylaws, and 4) Articles of Incorporation. A previous post on this website entitled “SOA Governing Documents” (available under the October 2017 Archives) identified the following as possible reasons for updating these documents.

  • 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.
  • 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.

Readers who have an interest in this subject pro or con are encouraged to log on to the SOA Website at www,somersett.net, access the “Homeowner Forum – SOA Governing Documents” article and provide your comments/answers to its questions. The SOA Board (although not via the most visible venue) is soliciting homeowner input on this matter.