Sierra Canyon, Somersett, Villages, The Vue – Your Community Forum

Submitted by Joe Bower – Member SOA Election Oversite Committee

Following is a copy of a letter submitted by myself to the SOA Board and the Transition Committee law firm, regarding conflict of interests with Board Candidates.

CERTIFIED MAIL RETURN RECEIPT REQUESTED

From: 9180 Heritage Ridge Court – Reno – NV 89523 – October 26, 2012

To:       Board of Directors

Somersett Owners Association

7650 Town Square Way

Reno, NV 89523-4847

 

And: Shiela Romero

Wolf, Rifkin, Shapiro, Schulman, & Rabkin, LLP

5594 Longley Lane

Reno, NV 89511

I bring to your attention in order that an immediate declaration can be issued declaring that the candidacies for the Somersett Board of Directors of Curtis Chan, David Hughes, and Raymond Lee are invalid and cannot stand. All owners need to be promptly told of the terrible blunder each has committed, as any votes cast for them are also invalid.

By indicating “No, I do not have a potential conflict of interest” on their Board Candidate Statement Form, each of these candidates has intentionally and negligently failed to disclose that their being on the Board while simultaneously being a member of the Somersett Golf and Country Club misleads any reasonable person into believing that there is no conflict of interest as both entities do business with each other with that business affecting the financial assets of all association members.

Both the Transition and the Election Oversight committees of the Board and Wolf Rifkin as advisor to the Transition Committee need to declare these three candidacies are invalid even if due to time considerations they receive votes in the election. Further, if they are allowed to rescind their Candidate Statements and file new ones indicating, “Yes, I have a potential conflict of interest,” owners need to be so informed, say via a Mellissa Mail and a mysomersett web posting; and if subsequently elected, they must be formally notified in writing that they are to recuse themselves from any Board business relating to the Somersett Golf and Country Club (aka Club).

As Club members and members of the Board, they are inevitably in conflict when researching, analyzing, discussing, reviewing, and approving/disapproving anything relating to the mutual business of both entities whether the Club or Association is affected negatively or positively.

The easiest solution at this time is for these three candidates to withdraw their candidacies and announce that any votes cast for them are invalid and will not count. Of course they could cancel their memberships in the Club.

Thank you for your prompt attention to this matter.

Joe Bower   –   Member Somersett Owners Association

Member Somersett Owners Association Election Oversight Committee

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Comments on: "Conflict of Interest Letter to SOA Board" (7)

  1. As a member and chairman of the election oversight committee I will not acknowledge this request and consider it to be both self serving and and attempt to sway the election by trying to bring issues that have little to do with the key issues of the election –
    community growth
    financial stability
    leadership
    integrity and honor

    Terry Retter

    • Joe Bower said:

      Self-serving? I’m not running. “Just the facts” as they used to say. The “softball issues” mentioned above are like mom-apple pie-and Chevrolet and we all believe in and want them along with no brown golf course. However, there are some really “hardball” issues that owners need to be aware of and vote for the best people to handle them. For example the real key issues for the community are: Funding of Reserves, Collections, Canyon 9, Subsidy Reimbursement Agreement, Audits, Budget, Tolling Agreements, Lawsuits, Special Projects, Somersett Golf and Country Club Lease Agreement, and Easement Agreement for Somersett to maintain Sierra Canyon parkways. Major league hitters wanted. BTW where is integrity and honor when candidates do not disclose potential conflicts of interest?

  2. I see no reason to bar members of SGCC from being on the SOA Board of Directors as long as they do not participate in any discussion, negotiation or vote concerning SGCC. Somersett provides support to SGCC and any vote by the Board of Directors can have a direct effect on the equity interest of SGCC members.

    We don’t need our own version of Shelley Berkley.

    • As I stated on Candidate Night, I agree that SGCC members have every right to serve on the SOA Board of Directors, but must recuse themselves from all matters pertaining to the SGCC. This premise will probably upset SGCC members who may be looking to their member candidates to protect their vested interests in the Lease Agreement and beyond.

    • Joe Bower said:

      Great, but need to have that in writing from any SGCC member who might get elected.

  3. Felix Traut said:

    Joe, this is over the top even for you. Stick to you obsession with the landscaping.

    • Joe Bower said:

      Hi, Is Felix Traut your real name? No one in Sierra Canyon with that name that I am aware of and I don’t know many Somersett owners. However, anyone who thinks the common area landscaping/trees in or out of Sierra Canyon has a good appearance for owners to look at daily and guests and potential buyers to see when they are in the community might like to join a Landscape Committee to keep a closer eye on things.

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