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
comments.
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
following:
“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
facilities.”
It goes on to list the recreational facilities (amenities).
That list includes the restaurant and bar.
Thus the
restaurant and bar are for us homeowners only and
are not to be available to the public at large for dining or
catering events.
So far our
boards of directors have chosen to ignore or reject the portions of the Public
Offering Statement pertaining to the restaurant and
bar.
Nevada law
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
homeowners.
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
buyers.
Nevada law also states warranties may
only be “excluded or modified by agreement of the
parties”.
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
Statement.
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
Statement.
________________________
Anthem Opinions Commentary
This follow-up editorial deserves a clarification from our board of
directors.
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 violating the 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.
We will GLADLY publish ANY board response directly sent to Anthem
Opinions at www.scaopinions.com.
In addition, we will also "suspend" our "anonymous" policy in this particular case, and publish ANY
board member responses made to residents that our readers wish to forward to
us.
We would also like to know if any of our readers send queries to the
board members, and do NOT receive any
response.
Anthem Opinions strongly believes....
Accountability is not a desire; it is a RIGHT
!