SOA Executive Committee Charter

In the January 22nd SOA Board Meeting Recap posting, SU reported on the formation of a SOA Executive Committee to address and resolve the Somersett Golf and Country Club’s (SGCC) liability for repair of the failed rockery wall on SGCC leased property. The repairs of which the SOA paid for while expecting future pay back by the SGCC.

The approved Charter was not available to SU at the time the meeting recap was posted but has subsequently been obtained. A copy of which may be accessed via the following link:

SOA Executive Committee Charter, Resolution # SOME.0069

The Scope and Purpose of the Committee is defined under Article 4.a. therein as follows:

Scope and Purpose of Committee: The purpose of the Committee is to meet with representatives of the Club and to negotiate, and if possible, execute an agreement between the Association and the Club pursuant to which the parties agree which entity is responsible for which portion of the Rockery Wall Costs and how the Club shall reimburse the Association its agreed upon portion. The Committee may, on behalf of the Association, agree to any form of payment and the timing of the payment by the Club, provided the Committee is satisfied that if the Committee causes the Association to agree that the Club may pay over time, that there is sufficient security for such payments. As part of any agreement with the Club, the Committee may cause the Association to release the Club from claims relating to the Rockery Wall Costs if the Club pays the Association an agreed upon portion of the Rockery Walls Cost.”

The composition of the Committee is to be comprised of the SOA Board President, Tom Fitzgerald, the Board Secretary, Craig Hanson, and the Board Treasurer, Simon Baker, as voting members (Note that the Committee is authorized to act on behalf of the Association). The Committee also has the authority to add non-voting homeowners to the Committee. At the Board Meeting is was indicated that there would be two yet to be named homeowners.

Owner Comment on the SGCC

The following Post submitted by Patricia Brooks, Association Member:

“My disagreement with support for the SGCC has never been about golf or golfers..It’s just that the SGCC has never provided/shared financial information regarding their ability to fulfill the terms of the Purchase and Lease Agreement….as in being able to maintain and replace equipment on the course, which may fail. To the best of my knowledge, we entered into the Agreement, without taking any collateral from the SGCC, which seems not to be in the interest of homeowners in the SOA, other than golfers. So, without collateral, nothing has changed, bankruptcy at any point is an option for the SGCC… and I see no advantage to homeowners to renegotiate the terms of the P&L Agreement.. Unless the SGCC furnishes real proof that the CME Engineering report is erroneous, we need to call for payment, and, if not received, legally end the P&L Agreement. That is the fiduciary duty of our homeowners’ board. Their duty is to us… the homeowners, not the SGCC.. We have water rights, and the course can be kept green and manicured. No fear of the course “going brown”.. We need a board that has the courage to take our community forward.”