Subassociations: What They Are and What They Mean to You
There is some confusion among those who live in Somersett, particularly those who live in subsections that are under the purview of a subassociation, of the relationship and responsibilities of the subassociation under the master association. The purpose of this article is to explain the rationale for and the functions of the subassociations that currently exist in our community and to help residents choose the most expeditious path toward resolution of community-related issues. Our Covenants, Conditions, and Restrictions (CC&Rs – Article II, Section 17) provide that additional or supplemental CC&Rs (and corresponding owners associations) may be established that apply to only a portion of the community in order to accommodate “amenities which benefit a limited class of members, and may include gatehouses, gates and entryways; recreation areas such as pools, tennis courts, community centers, playgrounds, clubhouses; private streets; and other uses…” [Article I, Section 2(z)] This has been done for The Village, The Vue, and Sierra Canyon due to their special status and community needs. In all cases, the subassociations established are subordinate to the master community association, commonly known as the Somersett Owners Association or SOA. The sub-CC&Rs and regulations must be aligned with all provisions of the master community CC&Rs and regulations especially, but not limited to, architectural standards and aesthetic guidelines. To this point, the relationships between the subassociations and the SOA have been largely cooperative, albeit often misunderstood by those who have not delved into the details. For example, the SOA maintains the contracts for landscaping along the entire length of Somersett Parkway, which accounts for a significant portion of the dues paid by the subassociations to the SOA. The balance goes to the maintenance of common areas, as required by the CC&Rs in Article I, Section 2(g). Consequently, while the SOA and our management company endeavor to address the needs and concerns of all SOA members, there are some issues pertaining to limited common elements that are rightly within the purview of the subassociations, e.g., gates and entryways. For example, if a resident of The Village or The Vue has an issue with the gate, the management team in The Club at Town Center (TCTC) will not have the wherewithal to resolve the issue. It should be referred to the respective subassociation. So, while we are all truly in this (Somersett) together, the establishment of subassociations which protect the needs (e.g., age restrictions for Sierra Canyon) of specific subsections of our community may modify how resolution of a problem is approached. Hopefully, this short article will help those of you affected by these nuances to get to resolution of your community-related issues more expeditiously.