March 27th SOA Board Meeting

The Somersett Owners Association (SOA) Board of Directors (BOD) open meeting is scheduled for Wednesday, March 27th, 2019 at 5:30 PM at The Club at Town Center (TCTC) Sports Court. The meeting agenda may be accessed by clicking on the following link:

March 27th SOA BOD Meeting Agenda

The preceeding is listed as a “Draft”, and based on past practice, an updated agenda will most likely be in the offing between now and the Board meeting. Also, the BOD Meeting Packet, which contains details associated with agenda items was not available at the time of this posting, which will be updated when and if a new agenda is released and/or the BOD Meeting Packet is made available. In the interim, some comments on agenda items follow:

Old Business:

6.a Legal Updates – The only significant occurance since the previous BOD meeting is the Washoe County District Court ruling on the lawsuit between Herbert and Linda James (also co-claimants Allen and Sandra McCulloch) and the SOA, wherein the Court rulled in favor of the Jameses/McCullochs over the SOA. See previous post of March 13th entitled “The Northgate Neighbors Verdict Is In!”, for a recap on this litigation.

6.b Discussion on AGC Fee Reduction – At the last BOD meeting the Board was going to look at the possibility of fee reductions and approval process for simple AGC applications not requiring permits. Perhaps recommendations will be presented?

New Business:

7.j  Allegation of Violations of NRS 116.3103,31031,31084,& 31085 – Nevada Revised Statute Chapter 116 provides the governing law for Common-Interest Ownership Communities. If an individual (aggrieved person) is of the opinion that the Board of Directors or Community Management of a Homeowners Association (respondent) is in violation of a NRS 116 Statute, the aggrieved person may seek relief via the filing of an affidavit with the Nevada Real Estate Division (NRED). However, before submitting the affidavit, the aggrieved person must first notify the respondent of the alleged violation, incurred damages and proposed corrective actions. This to allow the respondent time to address. If the respondent does not agree with the allegations and efforts to resolve the issue have failed, the aggrieved individual may then submit the affidavit to the NRED, who will refer it to the Ombudsman for investigation and resolution. The aggrieved person may also request that the alleged violation be placed on the agenda for the next BOD meeting. Hence, the most probable cause for this agenda item. Details associated with the alleged violations were not available at the time of this posting, However, the subject titles of the referred statutes are as follows:

  • NRS 116.3103 “Power of executive board to act on behalf of association; members and officers are fiduciaries; duty of care; application of business-judgment rule and conflict of interest rules; limitations on power”.
  • NRS 116.31031 “Power of executive board to impose fines and other sanctions for violations of governing documents; limitations; procedural requirements; continuing violations; collection of past due fines; statement of balance owed”.
  • NRS 116 31084 “Voting by member of executive board; disclosures; abstention from voting on certain matters”.
  • NRS 116.31085 “Right of units’ owners to speak at certain meetings; limitations on right; limitations on power of executive board to meet in executive session; procedure governing hearings on alleged violations; requirements concerning minutes of certain meetings”.

As usual, this posting will be updated if and when the BOD Meeting Agenda is updated, and the associated BOD Meeting Packet is made available.