January 13th BOD Meeting Update

The upcoming Somersett Owners Association (SOA) Board of Directors (Board) meeting agenda was previously published on the  SU Post of January 4th entitled ”January 13th SOA Board Meeting”, with limited comments. This prior to issuance of the Board Meeting Packet, which is now available on the SOA Website (www.somersett.net) under the SOA/Committees & Meetings tab. The Board Meeting Agenda is again made available via the following link, followed by associated information (or lack thereof) obtained from the Board Meeting Packet:

January 13th BOD Meeting Agenda

Agenda Item 4.  Committee Reports – It appears that none of the SOA’s standing committees have anything to report at this Board meeting

Agenda Item 6.a.  Unfinished Business – Legal Updates

This agenda item listed three topics for discussion, 1) “Preston Homes”, 2) “Rockery Wall Update”, and 3) “Legal Opinion on Sealed Bids”.

Items 1) and 2) represent outstanding legal actions to which the SOA is a party to. Since the Board Meeting Packet contained no update on these items, one may assume there is nothing new to report. With regard to the Preston Homes lawsuit against the SOA, their legal complaint is accessible via the following link:  CV20-01274 Preston Complaint (081820).

Item 3) appears to be a result of a December Board Meeting item related to the opening of sealed bids for the Dove Mountain hillside repair project. During a conversation on the bids with Seth Padovan (SOA Consulting Engineer) it was revealed that when bids are received he opens them for review, reseals them and then submits to the Board for another opening and action. Board members Simon and O’Donnell questioned this process as it could be subject to malfeasance.  Mr. Padovan and the FSR General Manager, Ryan Fields, who stated he does not see them, defended the process. However, concerned Board members who were not aware of this on-going process apparently requested an opinion from the SOA legal team. The result of which is contained in the following letter from SOA attorney, Michael Schulman, in which he states this practice is not in compliance with Nevada Law, and provides the reasons therefore.

Legal Opinion RE Sealed Bid Question

One would think that FirstService Residential, who is very big in the HOA business, especially in Las Vegas, would have known that this practice was not appropriate.

Agenda item 7.a.  “Rescind motion taken at December 17, 2020 Board Meeting – Gail Wiley proposal for erosion repairs at 1880 Dove Mountain”.  Perhaps as a result of the legal opinion on opening of sealed bids, the Board wants to revisit this project, and perhaps put out for re-biding.

Agenda Item 8. New Business

Four items in this category: 1) “American Geotechnical Proposal for Rock Wall Inspection”, 2) “Smoke Curtain Replacement Proposal – 1st Floor Elevator”, 3) “Formation of Audit Committee and internal audit of assessments and expenditures across associations”, and 4) “Appointments to the AGC”.

Item 1) represents an American Geotechnical proposal estimated between  $8,500 – $9,500 to inspect the rock walls located in Back Nine Trail that are currently owned by Ryder Homes. Ryder Homes intends to turn over their common area to the SOA in the spring of 2021 and it has been recommended that these walls be inspected prior to turnover. This raises a question as to who is recommending the inspection and why should the SOA be paying for it?

Item 2) represents a $5,705 proposal from Smoke Guard of California to replace a smoke curtain and associated electrical components (anybody know what this is all about?) at TCTC.

Items 3) and 4) contained no associated information in the Board Meeting Packet, will have to see what these items consist of.

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