There are two SOA Board of Director positions open for election this year. These constitute the position that has remained open following the resignation of Craig Hanson earlier this year, and the position currently held by Simon Baker who will not be running for re-election due to a pending relocation of residence outside of Somersett. The current Board positions held by Mark Capalongan, Bill O’Donnell and Jacob Williams are not up for re-election.
Here is the problem! To date no Somersett owner has submitted a Candidate Statement announcing his/her intention to run. A situation not previously encountered in past elections. If no one chooses to run for these two open seats, what are the consequences? Lets look at applicable law!
Per the SOA Bylaws:
Section 3.02. NUMBER OF DIRECTORS AND QUALIFICATIONS. The number of directors shall be set by the Board, provided that there shall be not less than three (3) director positions and not more than five (5), and provided further that the Board may not reduce the number of director positions if the reduction has the effect of eliminating a director prior to the expiration of his or her term.
This means that if no candidates come forth, the current Board could vote to set the number of Directors at three, thereby assuring no diverse opinions from new Board Members, and no obligation to increase the number of Director positions back to five. NOT A GOOD ALTERNATIVE!
Per NRS 116.31034 (Nevada Law)
4. Not less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each unit’s owner of the unit’s owner’s eligibility to serve as a member of the executive board. Each unit’s owner who is qualified to serve as a member of the executive board may have his or her name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.
5. Before the secretary or other officer specified in the bylaws of the association causes notice to be given to each unit’s owner of his or her eligibility to serve as a member of the executive board pursuant to subsection 4, the executive board may determine that if, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board at the election, then:
(a) The association will not prepare or mail any ballots to units’ owners pursuant to this section; and
(b) The nominated candidates shall be deemed to be duly elected to the executive board at the meeting of the units’ owners at which the ballots would have been counted pursuant to paragraph (e) of subsection 15.
6. If the executive board makes the determination set forth in subsection 5, the secretary or other officer specified in the bylaws of the association shall disclose the determination and the provisions of subsection 5 with the notice given pursuant to subsection 4.
7. If, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is less than the number of members to be elected to the executive board at the election, the executive board may fill the remaining vacancies on the executive board by appointment of the executive board at a meeting of the executive board held after the candidates are elected pursuant to subsection 5. Any such person appointed to the executive board shall serve as a member of the executive board until the next regularly scheduled election of members of the executive board. An executive board member elected to a previously appointed position which was temporarily filled by board appointment pursuant to this subsection may only be elected to fulfill the remainder of that term.
This means that if an insufficient number of candidates apply, the Board may appoint Directors to fill the positions until the next scheduled election, which would most likely consist of those who agree with their agendas. Also not a good alternative, but much better than the preceding.
For at least two Somersett owners step up to the bar and announce their candidacy. As it currently stands, this would guarantee election to the Board. However, this requires filling out the “Candidate Statement” and submitting it no later than October 1st to the SOA office at The Club at Town Center.
As stated above, if two or less Candidate Statements are submitted, they will be no mailing of Ballots and the Candidates will become Board members.
If three or more Candidate Statements are submitted, Ballots will be mailed out to Somersett Owners by October 15th and must be returned no later than 1:00 PM on November 15th, where they will then be counted at the November 15th Annual Owners Meeting. In this case, a Candidate Night Forum to meet the Candidates and respond to questions will be held on October 26th.
New participation on the BOD is always a good thing. If you feel qualified and have a desire to serve your community, you are encouraged to submit your Board Candidate Statement. A copy of which may be obtained from the following link. Candidates may also include an optional one-page statement with additional information supporting their candidacy, which is highly recommended as the Candidate Statement has little room for supplemental information.
HERE’S HOPING THAT SOME CONCERNED HOMEOWNER(S) SUBMIT HIS OR HER CANDIDATE STATEMENT(S) PRIOR TO THE OCTOBER 31st DEADLINE. LEAVING THE FUTURE OF SOMERSETT IN THE HANDS OF THREE BOARD MEMBERS IS NOT A DESIREABLE OUTCOME!
Candidates wishing to announce and publish any document supporting their candidacy on this website may do so via email to email@example.com