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.
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.
All you need do, is click on the respective email address, and the email to that board member should appear on your computer screen.
Jean Capillupo...Pres.
jean.capillupo@scacai.com
James Mayfield...V.P. james.mayfield@scacai.com
Bella Meese...V.P. bella.meese@scacai.com
James Long...Sec. james.long@scacai.com
Tom Nissen...Treas. tom.nissen@scacai.com
Michael Carey michael.carey@scacai.com
Donald Schramski don.schramski@scacai.com
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
!
From Valerie L...to...Anthem Opinions
ReplyDeleteIt annoys me to no end that the homeowners have to subsidize the restaurant!
How many other businesses expect to get an infusion of cash when their business doesn’t do well?
This is a real insult to the residents and their pocketbooks!
If the restaurant were good and what the people wanted they wouldn’t need to have to rely on funds. It’s just a matter of time before they go under, and we will have lost more money to poor decisions by the Board – what are they going to walk away with that doesn’t belong to them like the other restaurants have done?
We gave them a chance – twice – and were disappointed with the food.
I sent them a letter outlining our disappointing meals, and they didn’t even have the courtesy to reply – what kind of good will is that to their potential future customers?
It is an insult having them here – they don’t care what people think and aren’t willing to do what is necessary to make things better – it’s just a matter of time.
Even Village Pub has better food and better prices – so it’s not necessary to eat at Café V which is still Vics.
And for the view – we can sit in the clubhouse and gaze out the windows and not be insulted.
From Butch G. ...to...Anthem Opinions
ReplyDeleteThere has not been one successful restaurant here in SCA since we purchased our home 8 years ago.
Have the homeowners ever thought why the board ignores what the 7000 plus homeowners have asked for and insisted on putting in the kind of restaurant they (the board) want?
EVERYTHING IS WRONG ABOUT THIS RESTAURANT DEAL.
IT WILL NEVER WORK WITHOUT OPENING IT UP TO THE PUBLIC BECAUSE MYSELF, AS WELL AS, MANY MANY OTHER RESIDENTS THAT I HAVE TALKED TO, WILL NOT SUPPORT THE RESTAURANT AND CERTAINLY DO NOT WANT THEIR DUES RAISED TO FINANCIALLY SUPPORT THEM EITHER.
Butch, I couldn't agree with you more.
DeleteActually it's been 15 years since restaurants have faltered in Sun City Anthem in one way or another, and those who constantly seem to support having one, have little concern as to how it affects the financial well-being of our community.
Somehow, these "economic gurus" have the belief that LOSING MONEY on a regular basis, actually enhances property values !
Somehow, I must have missed that course in college when I majored in Finance and Economics !
From one vendor to another, improper vetting, and deals board members never seem to bother running past residents for their opinions who possess valuable EXPERIENCE...that is now the Sun City Anthem norm...
...And who is really to blame?
Not the board....this community got exactly what it deserved and what the residents asked for....
....inexperience in business management.
Not a single board member HAS EVER OWNED AND OPERATED A BUSINESS of their own successfully.
It was the residents who voted for them who didn't take the time to consider if their credentials included any relevant business experience; and in many cases, either asked their neighbors, "Who Should I Vote For?" or read some hype on another blog whose history is filled with cronyism...and actually boasts about his "winners"....who have almost in all cases, turned out to be economic "losers".
The latest sweetheart deal granting the restaurant owners a loan at a half per cent interest below the prime rate...paying INTEREST ONLY for THREE YEARS with the balance due at the end of that period, has now made residents their unofficial banker.
.
Does it say something about the financial ability of an individual when the owners can't even come up with under $12,000 each? Does that perhaps raise an eyebrow as to their assets?
I didn't see any of those ardent supporters out there in our community come forth and offer them a personal loan, did you ?
Those who seem to scream the loudest....were certainly silent in that respect, weren't they?
After all....It's always easier to spend others dough, isn't it ?
Perhaps someone who does support this "economic logic" can explain why anyone would lend money to another party who doesn't pay their past debts....at a rate that Warren Buffet couldn't get from a bank.
Oh well....it's October and perhaps all of this frustration and TRUTHFUL exposure as to the real feelings of residents as they pertain to this losing proposition, might stimulate RESPONSIBLE "non-political types" who can demonstrate their ability to properly lead, to come forth and run for office.
It that does not occur, then don't be surprised if a couple of years pass, and we'll be having this discussion about the next restaurant casualty.
What amazes me are some of the comments that believe this or any other board has the authority to change the Public Offering Statement when all of us purchased our homes.
ReplyDeleteThey DO NOT have that authority, and any such change requries a referendum of the FULL MEMBERSHIP.
Any such "conversion" to "amernity" status would require a minimum of 3,572 resdent votes IN FAVOR of it, to pass such a measure....and that is the closest thing to impossibility.
So...if one wishes to "toot his or her horn" about how much of an "amenity" it should or would be....then let that party obtain the necessary votes to do so.
It is the most selish of acts to demand any person to pay for anything to enrich a private profit-making institution other than the goods or services that institution provides them.
Notice the one realtor that thought having this elegant restaurant it was so great?
Sure, but why?
To sell something for PRIVATE GAIN ? Who is she kidding ?
I wonder if that same realtor also tells her potential buyers that IT HAS BEEN SUBSIDIZED WITH DUES PAYMENTS ...that her new buyer WOULD ALSO PAY FOR IT, or that when that buyer SELLS the home, they will INCUR a .33% fee to sell it ON TOP OF her REAL ESTATE COMMISSIONS?
I'd love to poll some of the people she sold homes to in order to find out just how she disclosed that...other than slipping an inch thick document under the buyers nose, and saying "sign here".
And...if there was so much support for that restaurant.....WHY DON'T 3,572 PEOPLE patronize it?
My guess is that you might be lucky to find 35 !
This place needs to start paying us back....and those who need a place to eat that badly, should either order "carry-out"....or eat at Buckman's which doesn't cost this association a single penny.
Let's face facts...all the rest went DOWN because of poor support and poor initial planning, that this one is no exception.