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

Posted by Joe Bower, Del Webb Owner & Member Somersett Owners Association

Currently there are a total of 2,478 units owned in Somersett and its sub-associations.

Per State Law quorum is 20% (496) of owners present in person or by proxy at a meeting

“Majority Percentage Vote” of the quorum is 249 (50% +1).

Approving the proposed 4 CC&R Amendments (the vote is for all 4 or none) means that without a vote of all 2,478 owners, the Board will be able to:

  • Purchase or annex property up to a market value of $500K
  • Lease real property without a defined dollar limit
  • Increase annual or special assessments above allowed limits
  • Hold a “black magic vote count” – legally known as a “Majority Percentage Vote” – to purchase or annex property in excess of $500K, for example, purchase of the Country Club property for $2.75M as the BOD has proposed for the new Country Club agreement.

“Majority Percentage Vote ” means an affirmative vote count of at least 249 of the owners voting in person or by proxy at a quorum meeting.

Also, this same “Majority Percentage Vote” count (249) applies when at least 496 owners vote by written/mail-in ballot.

DON’T LET 249 OWNERS APPROVE SOMETHING YOU MAY DISAGREE WITH

Don’t confuse the 4 CC&R proposed changes with the goings on with the Golf Club. They are separate. HOWEVER, if the CC&R changes are approved, just 249 unit owners can approve the soon to be voted upon New Agreement between the Association and the Club.

IF YOU DON’T WANT THE EFFECTS OF THE 4 AMENDMENTS TAKING POWER OUT OF YOUR HANDS AND GIVING IT TO THE BOARD, THEN EITHER CAST A DISAPPROVE BALLOT OR DON’T VOTE AT ALL

A NON-RETURNED BALLOT IS THE SAME AS A DISAPPROVE VOTE.

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Comments on: "249 is a “Black Magic Number”" (7)

  1. Bruce Watkins said:

    It’s already the State Law that 249 members can pass something…..I think it more important that we get our members out to vote, rather than spending this much energy on negative thoughts

  2. Fletcher Christian said:

    Giving the Board of Directors the authority described in the proposed CC&R amendments based on a 20% quorum vote is unreasonable and unacceptable. The BOD could have defined a higher required quorum above the State Law minimum if they so desired, but chose to confuse matters by not doing so; perhaps with the thought that many homeowners would not know what constituted a quorum and that they would assume that a majority percentage vote of a quorum means a majority percentage vote of all homeowners. Nothing could be farther from the truth. Owner voting should be the same as when we were in fourth grade and electing class officers and not in the smooth underhanded way being pushed upon us as adults, dues paying ones at that.

  3. Bruce Watkins said:

    I fail to be surprised that the Developer did not do more than what is required by the Law. Isn’t it a little futile to accuse people of being ‘underhanded’? It is, currently, what is….
    Let’s be constructive and get out the vote!

  4. I would concur that a 20% homeowner quorum is an unreasonably low figure to approve the unlimited purchase or annexation of real estate into the associations common area, as would be allowed under the proposed CC&R amendments. At the first homeowner information meeting held by the BOD on the proposed amendments, It became clear that the BOD did not know what constituted a “quorum” in this regard. This tells me that in their rush to get the BOD election and CC&R ballots out at the same time, they did not properly vet the wording of the proposed amendments. At this same information meeting the BOD also stated that the amendments were necessary because the “Declarant” (i.e., the Developer – Blake Smith) was no longer in control of the Somersett Owners Association (SOA). However, what they did not discuss was that the current CC&R’s have several articles that need revision in this context.

    Therefore, I would encourage a NO vote on the proposed amendments and, in the aftermath, suggest the BOD take a step back to consider all required changes to the CC&R’s in a more diligent manner. Perhaps via a dedicated committee of Somersett homeowners. We certainly have enough qualified homeowners to support this endeavor.

    • Bruce Watkins said:

      The context of how our CC&Rs came into being might be important as we go forward in deciding on proposed amendments. Initially, the Developer had to submit our present CC&Rs to the State in order incorporate Somersett. This current Board inherited these CC&Rs from the original incorporation. I hope this understanding presents a more charitable approach with our SOA board.

  5. Geoffrey Brooks said:

    I agree with Bruce Watkins that an understanding of the “history” behind the current CC&R’s inherited from the developer/SDC.

    These CC&R’s were written to allow the developer, whilst in control, to do what he thought was in the best interest of the community. Homeowner run associations have, legally and by definition a much more limited scope of duties.

    These existing CC&R’s should be modified to suit the needs of our community as it builds out to completion over the next 10 years.

    As has been done in other communities, the CC&R’s should be completely rewritten, IN easily understandable ENGLISH, by community volunteers.

    The reason for changes should explained alongside the current CC&R’s. The revamped CC&R’s should then be reviewed by the association attorney. Somersett might reasonably be expected to vote unaminously for these new governing documents! A complete holistic approach is required, not rushed poorly worded, difficult to explain ad hoc changes!

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