** Due to platform limitations, we recommend using Google Translate to translate the article to the language of your preference.
** 由于平台限制，我们建议使用谷歌翻译将文章翻译成您选择的语言。


Recently, King County Superior Court decided a case filed by Somerset residents (plaintiffs) who opposed, on view impact grounds, a CRC-approved remodel to a nearby home. The judge handling the case, after reviewing extensive legal briefs and hearing oral arguments by both sides, issued a summary judgment upholding the neighbors’ (defendants’) right to remodel their home as approved through the CRC process. This case provides useful guidance for future such disputes.

During the case, the plaintiffs subpoenaed historical CRC case files. The CRC also provided other relevant information to the parties involved. Past and present CRC Chairs (Gary Albert, Diane Fern, and Chloe Chen) were requested to provide sworn declarations for the lawsuit. After reviewing the parties’ arguments based on such materials, the judge confirmed that the CRC-approved remodel complied with the CRC-developed View Guidelines, found no fault with the CRC process, and noted consistent application of the View Guidelines by the current CRC and previous CRC chairs in past cases.

Particularly noteworthy was the judge’s rejection of the lawsuit claims that the remodel approval violated the View Guidelines. For background context, the View Guidelines were developed by the CRC as a tool to help the CRC make fair and consistent decisions. These guidelines define Somerset’s protected views, comprised of the View Elements (mountains, water, and city skylines), which are evaluated from a specific Observation Zone. They are based on extensive research of our Covenants, historical artifacts from the original Building Committee, and relevant caselaw. The View Guidelines have undergone several iterations between 2008 and 2023, but the View they intended to protect remains unchanged.

The CRC has built a history since 2008 of consistent, reasonable, and impartial decision-making by reasonably applying the Covenants, informed by the View Guidelines. The lawsuit defendants won in court by pointing out the consistency of their CRC remodel approval with that history, the Guidelines, and the Covenants.   Therefore, after reviewing the details of the judge’s decision, we do not anticipate any changes to the CRC review process as upheld by the Court. Instead, the lawsuit outcome’s message is that, to avoid being overturned in court, we should continue to make decisions carefully, based on the process and standards that were followed for the remodel decision.

CRC members are all volunteer Somerset residents who enjoy and want to protect the sweeping views that Somerset is well known for. Unfortunately, although the CRC was not itself named as a lawsuit defendant, the lawsuit plaintiffs relied upon declarations that personally accused CRC members of dishonesty and of pushing an agenda to deprive Somerset residents of their views. The declarations came from Charles Bofferding and Francis Brito who are not Board members (Bofferding is the leader of a group trying to change the Division 8 covenants). These accusations, which targeted by name and in personal terms individual CRC members, were surprising, hurtful, and untrue.

Ultimately, the judge ruled that the plaintiffs’ claims, “present as speculation and conjecture” and that their various accusations “are not genuine or specific facts.” He concluded that “the record reflects no factual support that the CRC was improperly constituted or that it engaged in improper conduct.” The judge therefore issued Orders granting summary judgment and awarding to defendants a total of approximately $100,000.00 in attorney’s fees and court costs to be paid by plaintiffs.

Please reach out to the CRC at [email protected] if you have any covenant related requests, questions, or concerns.

Fun filled block party hosted by neighbors in block 8 of Somerset on August 14, 2024.

Calling all volunteers! If you are interested in helping out at this year's 4th of July celebration event, please click on the link here to see a list of different event and times that you can sign up for. 

• The Biennial Somerset Directory will be published this year and distributed to members who paid dues by April 30.  The board is considering making this edition the last, partly due to so many neighbors requesting that their phone numbers be excluded.  If you have an opinion, please let us know at [email protected].

 

• Weeds have been thriving this month, be aware that noxious weeds have been identified in our neighborhood, and recorded by King County, learn more at King County Noxious Weeds
  

         and most all specify that breeding is not allowed, e.g. in division 8: 

         Consider your neighbors when you are considering a new pet for your family.

• Start planning for the 4th of July, this year the Somerset Community Association (SCA) will be partnering with the Somerset Rec Club (SRC) to bring you 4th of July festivities, if you want to volunteer fill out this SCA Volunteer Form, or email [email protected]  with your contact information.

 

• Building confidence in the water can open a world of opportunities for fun and recreation, while also providing peace of mind knowing that you and your loved ones are equipped with essential water safety skills. Swimming lessons are available at the SRC pool for both SRC Members and non-Members, see SRC Swim Lessons for more information.

 

• The Somerset Community Association (SCA) is always looking for volunteers to join our 2024 Committees. Either fill out this SCA Volunteer Form, or email [email protected], indicating the committee you would like to join.  The SCA will host a Volunteer Appreciation BBQ this Summer, we hope to see you there!

2024 SCA Committees:

Events – Plan/participate in the July 4th Parade and Picinic, Diwali, Trunk or Treat, or Lunar New Year

Landscaping/Gardening – Plan/participate in the front entrance landscaping and potential fountain upgrade, maintaining signage around the neighborhood, working with the city on shared interests and issues, and supporting/ encouraging residents to maintain and enhance their yards throughout the year

Communications – Contribute to and facilitate SCA communications via the quarterly Sun, monthly newsletters, facebook, emails, and the somerset98006.org website

Welcoming – Identify new neighbors and provide helpful info for new community members

Neighborhood Pride – The relaunch of the long-established Pride committee aims to encourage the beautification of Somerset, and help facilitate communication between neighbors regarding property upkeep in all divisions, enhancing pride of ownership for all neighbors

Covenant Review (CRC) – Process requests for approval of exterior modifications and rule on tree/vegetation related view complaints, in divisions that adopted the first amendment to their Covenants (currently fully staffed for 2024)

Community Safety – Promote emergency preparedness, block groups, and safety focused practices, via outreach and SCA communication channels, and partnering/participating with city safety programs

Board Nomination – Review, update, and communicate the nomination process for the SCA Board, perform role per bylaws for 2025 board election, and identify candidates for mid-year appointments as needed

SCA Board Member – Volunteer to serve a partial year (by appointment to fill vacancies), or a 3-year term

Please visit https://www.somerset98006.org for additional information, and if you haven’t already, please pay your annual dues at https://www.somerset98006.org/store/p10/Somerset_2024_Annual_Dues.

Celebrate Lunar New Year with a Lion Dance
When: Saturday, February 17, 2024 - 2:00pm
Where: Somerset Elementary School

Come celebrate Lunar New Year with your Somerset Neighbors!

The Somerset Community Association has invited an authentic lion and dragon dance troupe and Kung Fu masters to perform at Somerset Elementary on February 17 at 2:00pm. The event will include a lion dance, dragon dance with drums and a Kung Fu performance by the Shaolin master and his students! There will also be raffle prize drawings!

See you there!
Somerset Community Association