Due to the overwhelming number of emails we
received regarding the article entitled "What is an
Amenity?" we contacted the author of the editorial, Tim Stebbins, to clarify a few of his
Mr. Stebbins graciously accepted our invitation,
and has written this follow-up to that article.
More on Amenities
and the Restaurant
The Sun City Anthem Public Offering Statement
guarantees and promises all home owners in our community the
right to use the recreational facilities described herein is limited to members
in good standing and their guests. Homeowners who do not reside in the community
with an age-qualified resident do not have the right to utilize the recreational
It goes on to list the recreational facilities (amenities).
That list includes the restaurant and bar.
restaurant and bar are for us homeowners only and
are not to be available to the public at large for dining or
So far our
boards of directors have chosen to ignore or reject the portions of the Public
Offering Statement pertaining to the restaurant and
requires the developer to provide the Public Offering Statement to all buyers
and to include all amenities or planned amenities as well as the use rights by
Nevada law goes on to say this is a form
of express warranty or implied warranty.
Those warranty and promise obligations apply not only to the
initial buyer but “run with the property”
and are fully transferred to all future
Nevada law also stateswarranties may
only be “excluded or modified by agreement of the
So unless you agreed, or a majority of
SCA unit owners agreed, to forfeit the members only
exclusive right to use the restaurant and bar,the
board of directors alone does not have the authority to deny or deprive you of
the promises and guarantees in the Public Offering
I am not
aware of any such agreement by previous and new SCA homeowners to forfeit the
rights, promises and warranties contained in the Public Offering
Anthem Opinions Commentary
This follow-up editorial deserves a clarification from our board of
Let us fully stress....
Anthem Opinions is NOT being accusatory in any
way; this is NOT a witch hunt;and, we wish to be fair in EVERY way; however, the supposed
use of resident dues contributions, subjecting the financial well-being of our
community to unnecessary real estate taxation, by violatingthe Public Offering
Statement, deserves a proper explanation.
We urge you to write each member of our board to clarify this matter,
specifically asking what legal justification they have to apparently ignore the
terms of the Public Offering Statement.
If you receive a response stating it does not apply,
ASK WHY it does not apply.
Here are the email addresses of the various Sun City Anthem board
members. All you need do, is click on the respective email address, and the email to that board member should appear on your computer screen.
Just what is an amenity
and what is not an amenity in our Sun City Anthem
That seems to a subject on another Sun City Anthem
publication and a question in the minds of some or our
Though some may argue with
... IS DEFINED by
And so...to clarify this with ALL of those who wish
to debate the meaning of the word, "amenity", there
can be only one definition as to how it applies to a homeowners
THE LEGAL ONE
Here in Nevada there is no question
about this issue.
Many years ago our Nevada Legislature
and our Governor made that determination.
It was an important definition
because new law would make amenities in common-interest
communities (HOAs) non-taxable.
After discussion, deliberation and
debate in open hearings where the public could
express their views and make their arguments, the matter was
In a nutshell any and all recreational facilities in
a common-interest community that are limited to use and enjoyment by the members
and their guests...
As such those facilities, any and all
structures housing them, and the land holding them, are not taxable.
includes pools, tennis courts, exercise rooms, meeting rooms,
Here in Sun City Anthem the developer
prepared the legally required Public Offering Statement intended to entice and
persuade perspective buyers to purchase a home.
It contains an
extensive list of the wonderful amenities of our
the “restaurant and
Our boards of directors
decided to respect and honor those promises and guaranteesexcept for the restaurant and bar.
For better or worse our board decided the restaurant and bar areas and operations of
those facilities should be rented to and controlled by a private business entity
and open to the public at large.
makes those parts of our recreational facilities a commercial enterprise,
not an amenity, andrequires Sun City Anthem members to pay thousands and thousands of
dollars in taxes every year.
net result is here in Sun City Anthem, unlike other HOAs such as Anthem
Country Club and Rhodes Ranch...
...where their restaurant
and bar areas are restricted to members only...
...we are obligated to pay those
effect is we are all taxed twice:
First, by the taxes on our homes where the assessed value is elevated
because of the perceived desirability of the restaurant and bar.
are then taxed again, because the restaurant and bar are controlled and operated
by a private business entity, rather then our
So....is this an "amenity" as some
claim it to be ?
Based on Nevada law...we
... IT IS
are uncomfortable with this state of affairs would seem to have at least two
might approach our board of directors and try to persuade the board to comply
with the promises and guarantees in the Public Offering Statement by restricting
use of the restaurant and bar to members only like all the other amenities in
Secondly, they might approach our legislators and the
Governor in the upcoming sessions early next year and try to persuade them to
change State law.