May 2012
Article
Explained Liberty
Center Fiasco
&
Was
Ignored
There is a saying "what goes around, comes around", and perhaps this is one of those moments.
Prior to establishing Anthem Opinions, I wrote an article for the Anthem Today forum entitled
"It Had to Be Built...or Else !" in an attempt to
allow the Sun City Anthem Community residents to become aware of the "real
story" behind the history of the Liberty Center.
Evidently, that article was just
republished on Anthem Today to show the obvious
concern.
It has been over three years since that
article was written, and in light of the recent Liberty Center
closure...and...the decision to accept the building on an
"AS IS" basis in 2010, it has become evident that accepting the building
on that basis....
...especially after the numerous
problems which existed prior to its construction....
Someone....appears to have been
negligent.
Who that person is or persons
are...
...should remember the words on a
plaque that President Harry Truman kept on his
desk...
And now...that 2012 article:
-----------------------------------------------------------
"It Had to Be
Built...or Else"
by
Dick
Arendt
May,
2012
I hope this might make clear the short history of the building
originally known as "Rec Center 3" and subsequently renamed the Liberty
Center.
Anthem Today was heavily criticized for stating that Liberty Center was included in sales contracts for those who purchased homes in Desert Sky Village.
Shadow Canyon and the newer section of Black Mountain should also have been included.
I have received a "Sun City Anthem Disclosure Statement" dated in the winter of 2006, and signed by Susan Rosland, sales associate, along with the purchaser of the respective home.
Each page was initialed by the buyer, and attached to the sales contract...which makes it a part of the contract.
Included in Section 6 of the document, are the following:
Anthem Today was heavily criticized for stating that Liberty Center was included in sales contracts for those who purchased homes in Desert Sky Village.
Shadow Canyon and the newer section of Black Mountain should also have been included.
I have received a "Sun City Anthem Disclosure Statement" dated in the winter of 2006, and signed by Susan Rosland, sales associate, along with the purchaser of the respective home.
Each page was initialed by the buyer, and attached to the sales contract...which makes it a part of the contract.
Included in Section 6 of the document, are the following:
"South of Unit
___ is the site for the proposed Rec Center
III.'
"Construction Activities: Development of Sun City Anthem, including ongoing construction, is expected to occur over several years.
Construction activities include, without limitation, grading, trenching, as well as construction of homes, utility facilities, road, and recreational amenities. During the build-out of the Community, construction activities will be ongoing and may adversely affect homeowners and occupants through, among other things, noise, dust, debris, dirt, construction traffic detours."
"THIRD RECREATION CENTER: Lots located near the proposed third recreation center of Sun City Anthem may be impacted by the construction of the facility, everyday traffic and/or other nuisances. It is not known at this time the path of ingress and egress, the exact placement of the parking facility or exact building placement."
"Construction Activities: Development of Sun City Anthem, including ongoing construction, is expected to occur over several years.
Construction activities include, without limitation, grading, trenching, as well as construction of homes, utility facilities, road, and recreational amenities. During the build-out of the Community, construction activities will be ongoing and may adversely affect homeowners and occupants through, among other things, noise, dust, debris, dirt, construction traffic detours."
"THIRD RECREATION CENTER: Lots located near the proposed third recreation center of Sun City Anthem may be impacted by the construction of the facility, everyday traffic and/or other nuisances. It is not known at this time the path of ingress and egress, the exact placement of the parking facility or exact building placement."
In addition to
this Disclosure Statement, I also received a copy of the June, 2006 issue of The
Spirit.
On page 8 of the magazine, there is an article written by then President, David Weil.
Within that article the following comment was made:
On page 8 of the magazine, there is an article written by then President, David Weil.
Within that article the following comment was made:
"The third key
objective is to finalize the requirements for the recreation center number 3 and
get the project kicked off with Del Webb. This effort has been initiated by the
board with the assistance of the Recreation Amenities Committee
(RAC)."
The board on
that date, consisted of the following
individuals:
President: David Weil
Vice President: David Berman
Secretary/Treasurer: Favil West
Director: Bob Berman
Director: Dea McDonald
Director: Elaine Berg
Director: Kay Dwyer
President: David Weil
Vice President: David Berman
Secretary/Treasurer: Favil West
Director: Bob Berman
Director: Dea McDonald
Director: Elaine Berg
Director: Kay Dwyer
A survey was
taken of the community; however, a number of residents threatened to sue the
association when those who completed it, voted they would rather use the funds
for the existing recreational
buildings....
....and in my mind, a selfish decision...
....and in my mind, a selfish decision...
...since the Desert Sky, Shadow Canyon, and
Black Mountain residents had not yet heavily populated the area...and a number of buyers paid premiums for their lots under the
contractual agreement, the facility would be included in their
purchase.
Unfortunately for the residents who made an attempt to deny the new buyers of the then sparsely populated villages of their paid-for rights, their contracts indicated they were entitled to it being built.
Finally, to avoid the PROBABLE lawsuit, the Liberty Center "priority" that was indicated in 2006, was completed in 2010.
Then president, Roz Berman, in an attempt to get the structure finally built, in my opinion, signed the infamous agreement in which we FOREVER gave up $1,375,000 for a $191,000 pittance when the "co-generation" concept was determined as unfeasible.
The "powers that were" will tell you that over $1,100,000 was paid to obtain the "LEED CERTIFICATION" with the balance of $191,000 placed in an SCA reserve account, but the actual amount paid by the builder for the LEED certification, has NEVER BEEN SUBSTANTIATED, other than what WE WERE MERELY TOLD IT WOULD COST.
In that same agreement, there was also NO GUARANTEE as to even achieving the LEED certification.
Mrs. Berman TOOK THEIR WORD FOR IT.
Unfortunately for the residents who made an attempt to deny the new buyers of the then sparsely populated villages of their paid-for rights, their contracts indicated they were entitled to it being built.
Finally, to avoid the PROBABLE lawsuit, the Liberty Center "priority" that was indicated in 2006, was completed in 2010.
Then president, Roz Berman, in an attempt to get the structure finally built, in my opinion, signed the infamous agreement in which we FOREVER gave up $1,375,000 for a $191,000 pittance when the "co-generation" concept was determined as unfeasible.
The "powers that were" will tell you that over $1,100,000 was paid to obtain the "LEED CERTIFICATION" with the balance of $191,000 placed in an SCA reserve account, but the actual amount paid by the builder for the LEED certification, has NEVER BEEN SUBSTANTIATED, other than what WE WERE MERELY TOLD IT WOULD COST.
In that same agreement, there was also NO GUARANTEE as to even achieving the LEED certification.
Mrs. Berman TOOK THEIR WORD FOR IT.
AND THAT MAKES LITTLE SENSE TO
ME.
You see, Del Webb said they would
build the third recreation center, but they NEVER
SAID ...WHEN THEY
WOULD BUILD IT.
And if the builder would produce ACTUAL PAID RECEIPTS for this "LEED" CERTIFICATION, and compare those with OTHERS WHO MIGHT PROVIDE AN ALTERNATIVE COST, perhaps we can, once and for all, make a determination, if WE GOT WHAT WE PAID FOR...or...GOT STIFFED !
And if the builder would produce ACTUAL PAID RECEIPTS for this "LEED" CERTIFICATION, and compare those with OTHERS WHO MIGHT PROVIDE AN ALTERNATIVE COST, perhaps we can, once and for all, make a determination, if WE GOT WHAT WE PAID FOR...or...GOT STIFFED !
Does the builder have to do
that?
NO
Will the builder do that?
NO
Does it matter now, and will it change anything?
NO
So let's close the book on this issue, because NOTHING can be done to change it.
...but let's not forget WHO the players were...and how it all went down...
...and how difficult it was to get that building built...as well as...if the LEED certification was worthwhile.......
...and the thousands of dollars spent to date in improvements and repairs to a facility, that could have been saved, if the agreement would have been structured properly, and if residents would have had ANY VOICE in the decision and specifications as to what was and how it was to be built."
------------------------------------------------------------
And so...to those
responsible.....
...whether it be the original
board who struck the arrangement in 2006
...the board or individual who
accepted the defective building
...an association attorney
whose "advice" appears questionable
...or a CITY INSPECTION that
was LESS THAN ACCURATE at time of completion....
A lesson must be learned from
all of this...
RELEVANT
BUSINESS EXPERIENCE should be the main CRITERION on which to choose members of a
Board of Directors...
...not going to a neighbor and saying "Who Should I Vote
For?...
...not
allowing others to cast a ballot on your behalf...
...not
allowing yourself to trust the opinion of an alternative blogger who has
endorsed incompetence again and again...and...was actually a member of the Board
of Directors at the time this fiasco was negotiated...
...but
INSTEAD...
...taking the necessary few
moments to JUDGE FOR YOURSELF, the character and qualifications of those that
will control the financial decisions of our community.
Without that small commitment
on your part, actions like this will take place again and again...with similar
financial results.
Let's not allow this wonderful
community to deteriorate.
Change is no longer a
desire...it is now a REQUIREMENT.
Otherwise...
"What Goes Around Comes Around"
Now it's your
turn.
The entire community is
welcome to share their thoughts.
Send us an email
at:
Dick
Arendt
Anthem Opinions
Administration
-
From Robert N...to...Anthem Opinions
When I first became aware of the Liberty Center debacle I, for one, could not believe that anyone was so stupid or so inexperienced that it was built under such dubious parameters: specifically, no one (including qualified individual(s) were permitted to inspect the on-going construction AND the final product was to be accepted “As Is”.
We appear to have an HOA that meticulously enforces insignificant, mundane requirements (e.g. minimum number and height of front yard trees) yet ignores fundamental common sense when it involves a million-dollar common amenity.
I believe your recent article about the Liberty Center debacle inadvertently(?) revealed the real reason the structure was built under such questionable parameters:
Then president, Roz Berman, in an attempt to get the structure finally built, in my opinion, signed the infamous agreement in which we FOREVER gave up $1,375,000 for a $191,000 pittance when the "co-generation" concept was determined as unfeasible.
The "powers that were" will tell you that over $1,100,000 was paid to obtain the "LEED CERTIFICATION" with the balance of $191,000 placed in an SCA reserve account, but the actual amount paid by the builder for the LEED certification, has NEVER BEEN SUBSTANTIATED, other than what WE WERE MERELY TOLD IT WOULD COST.
In that same agreement, there was also NO GUARANTEE as to even achieving the LEED certification.
Mrs. Berman TOOK THEIR WORD FOR IT.
Of course there exists the possibility that Mrs. Berman (and/or others) took a lot more than ‘their word’. We’re all old enough to remember the informant in the Watergate fiasco “Deep Throat” (no, no, it was a man - not a movie). His famous advice to Woodward and Bernstein was “follow the money”
$191,000 never substantiated? …..and an audit or investigation was never conducted? If it walks like a duck, and quacks like a duck – it’s a duck.
Mold remediation can be a very, very expensive procedure…it could cost thousands or tens-of-thousands of dollars. Let’s just pray that the Board secures multiple estimates, and that the contract is awarded in an unbiased fashion to a qualified company – not to someone’s “nephew”.
Memo to the HOA Board Members: we are not as stupid as you hope we are. Justice does not mean “Just Us”
I would like to suggest a proposal: henceforth any candidate for Board membership must undergo a ‘background check’. These checks are not the all-encompassing panacea everyone hopes for. They do not guarantee to detect every minor past discretion. But they can detect arrest records, past incarcerations, disbarments, and losses of professional licenses – all factors that would tend to shed light on a candidate’s moral turpitude.
Perhaps it’s time for the Serfs (the residents) in this Fiefdom (SCA) revolt.
Rana Goodman has published an article on Anthem Today concerning events leading up to the construction of Liberty Center.
From my recollection, her statement of facts is basically correct.
The only thing it does not address is the Board acceptance of the building on a so-called "as-is " basis. I will try to explain that for you.
When SCA contracts to build any kind of building or facility WE are the owner of that building during the construction because we are paying for it with SCA funds.
Therefore, we can inspect, criticize, make changes,etc. and require that the contractor who builds it meets all specifications. In the case of Liberty Center, it was a negotiated deal paid for by Pulte/.DelWebb money and NOT with SCA money.
As a result, P/DW owned the building all the way through construction and legally did NOT have to let anyone from SCA into the building until after the City of Henderson inspected the construction and released the building for opening.
That was the point during which Pulte turned the building over to us.
As I recall, there was a walkthru after we received the building and a punch list of obvious needed corrections was presented to Pulte. They took care of some of them and our maintenance dept some others. Since the City of Henderson passed inspection of the building there was little that our association could do.