Homeowner's Forum

The Somersett Owners Association (SOA) Governing Documents (e.g., the CC&Rs, ByLaws and Articles of Incorporation) are outdated and in need of revision. The current “Second Amended CC&Rs” were recorded back in 2005, the ByLaws in 2002 and the Articles of Incorporation in 2002. Since these documents affect every homeowner within Somersett, it is prudent that they be kept up to date to best serve the community and property owners. Therefore, I believe it is time for the SOA Board to establish an “Administrative Committee” for the specific purpose of reviewing the SOA’s Governing Documents and recommending updates to be voted on by Somersett owners. With the passage of time and subsequent “lessons learned”, some beneficial changes are most likely in order. As a minimum, sections that are no longer valid or applicable need to be eliminated and newly established doctrines added. These would include the following:

  1. The original Master Developer (Somersett Development Company) is still defined as the “Declarant” in these documents with certain rights, responsibilities and governing powers. However, this Declarant no longer exists and therefore, the Declarant needs to be redefined as being “The Somersett Owners Association”. Any sections that specifically reference the Master Developer need to be eliminated or revised.
  2. The current CC&Rs establish ownership and relationships between the SOA and the Somersett Country Club (SCC), which has changed as a result of the purchase of the SCC’s land and water rights by the SOA in 2015. The CC&Rs need to be updated to adequately define the current relationship.
  3. The SOA’s legal relationship with other residential and non-residential Town Center property owners needs to be defined in the CC&Rs.
  4. A review is needed to assure conformance with the current Nevada Revised Statutes (e.g., NRS 116) pertaining to Common Interest Communities.

The preceding should include collaboration with the Sierra Canyon HOA to make necessary updates to the “Notice of Annexation and Supplemental Declaration of CC&Rs for Sierra Canyon”. Perhaps by working together to review and propose changes to these CC&Rs, some of the dissent between the two Associations can be alleviated.

Submitted by Jim Haar, Association Member

2 thoughts on “Homeowner’s Forum: Recommended Appointment for an Administrative Committee”

  1. Thank you for publishing my article, although somewhat belated while I assume it was being determined how to handle such comments. In this regard, I would suggest that homeowner comments of this type not be included within the “Latest News” section of the website. Rather, that a new “Homeowner Forum” menu item be added to the website header to capture them. This would differentiate them from the News items routinely published by the SOA and encourage the submittal of homeowner comments unrelated to the SOA’s News items. If it is subsequently determined that this “Homeowner Forum” menu feature is not being adequately supported, then future adjustments can be made.

  2. Sounds like an excellent idea – why Somersett Development (Blake Smith) still appears is dated – also updated CC&R’s for the Town Center – full of Developer, builder dos and don’ts

    I would be happy to serve on this committee – if the Board decide that we should do this.

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