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.

3 thoughts on “SOA Executive Committee Charter

  1. It is difficult to find fault with the SOA for proceeding with repairs without any agreement with the SGCC on who was responsible for what. It was clear that the SGCC did not have the money for their “perceived” share of the costs and it was not possible to repair the two impacted properties independently. Homeowner properties had lost part of their backyards and the hillside repair could not wait for protracted litigation between the parties. Hence, the Tolling Agreement that put litigation on hold pending the outcome of the SOA lawsuit against the Developer et al. (one might want to argue that the SOA could have litigated both at the same time) Given the Tolling Agreement expiration in December 2019, the Executive Committee’s Charter is now to resolve this issue. Hopefully in an equitable manner.

    1. The agreement expired last December 31st. Could someone explain to me what is left to negotiate when the club still has no money to pay us back, or for the foreseeable future?
      Is it so hard to say, either its members pay back for the past costs and future costs, or we turn it to a private management company?
      This is why we elected Hanson and Baker to the Board .And while we are at it, can Baker provide reasons why he has missed several Board meetings?

  2. Comment on SOA Executive Committee Charter

    It is good to see that the SOA Board acted like “good neighbors” to the cash-strapped” Country Club; by deferring the payment of $680K owed to ALL the Homeowners via the Tolling Agreement.

    Now the Tolling Agreement has expired, it is time for the Country Club to be “good neighbors” and pay up. ALL of Somersett paid a $1200 special assessment in 2019 due to the Rockery Wall failure. Expenditures of +$300K in legal fees (so far) have failed to suss out an Insurance Company to shoulder the burden – also paid for by ALL the owners! Our dues were increased by $13/month for 2020.

    The Country Club should immediately have a special assessment of their members to pay their debts. They have implied (at the last Board Meeting) that the members can’t afford to pay. If the members don’t want to pay up and be good community members, they should close the private club down!

    We have seen on Next Door Somersett, that Country Club members believe that they are entitled; and seemingly happy to complain about homeowners who don’t subscribe to their viewpoint! Time for them to realize that they are a part of the community and should, like the rest of us, pay up. Many members have homes with rockery walls on their lots (not part of the SOA common area) who will have to pay to repair their walls if they fail. Walls on the leased Golf Course land (not a part of the SOA common area) fall into this category!!!

    Our Board has spent $680K on repairs for a non-Somersett HOA private club. Many believe that this is against our CC&R’s – the Board need to have a vote to spend more than $500K.

    I would suggest that any terms requested by the Country Club and agreed to the Board should be first put to a community vote for approval, as indicated in the CC&R’s.

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