Liberty
Center
Re-Construction Begins
June 15th
with
Legal Action Following Shortly Thereafter
By now if you are a unit owner in Sun
City Anthem, you have probably received a copy of a letter sent by a Mr. Francis Lynch of The Law Offices of
Lynch Hopper Smith, LLP, the law firm representing
Sun City Anthem, to the association unit owners.
This firm has been retained to
represent our association against Pulte regarding supposed construction defects
associated with the Liberty Center.
On the back of the correspondence of
the letter sent to association unit owners is a response to Mr. Lynch from a
Mr. Jason Williams of The Law
Offices of Koeller, Nebecker, Carlson & Haluck, LLP , who is representing the interests of Del Webb Communities, Inc. and PN
II, Inc. (d.b.a. Pulte Homes of Nevada).
As you examine the contents of the
letter from Mr. Williams to Mr. Lynch, Pulte rejects the
claim that the purported defects "constitute threats to health and
safety", calling attention to Sun City Anthem's repairs of the structure in
October, 2015 and their not being informed of any claim until they were served
notice.
Mr. Lynch's letter further states that
Pulte understands that the association is making claims relating to the
following aspects of the Liberty Center building:
1. Roof
2. Solar Panels
3. Floors
4. Heating & Air Conditioning
5. Electrical
6. Locker Rooms
7. Mold
...and (not surprisingly) denies any liability.
However, apparently both parties have
agreed to a meeting scheduled for September 20-21,
2016 with a mediator named Keith
Hunter.
Anthem Opinions made an attempt to
identify Keith Hunter, and the only individual we
could find by that name was through a web site called
medication.com.
Though we "assume" that both parties
have agreed to this individual initially being retained to "mediate" the
dispute, if this be the case, one has to question WHY a mediator was
retained from a law firm on "Wilshire Blvd" in Santa Monica, California to handle a Nevada
dispute....
...the cost of which was not
disclosed...and in all likelihood ASTRONOMICAL
!
The September date was evidently chosen
to allow FULL REPAIRS to the Liberty Center to be completed by that
date.
Our "opinion"
?
Get ready for a
LONG and COSTLY process against a company that will probably resist any form of settlement due to the complications
it would create for the many other Pulte / Del Webb communities across the
United States.
In the meanwhile, the
Liberty Center repairs will be made, and BE PAID FOR THROUGH
FUNDS CONTRIBUTED BY UNIT OWNERS transferred from association reserves.
...and rumor mill has it...
...that tab will be approximately $500,000...
...on top of the $100,000 already paid by the insurer.
The attorney representing Sun City Anthem has been retained on a contingency basis, but additional miscellaneous costs are paid by the association and subtracted from any settlement in addition to those fees.
Adding those expenses together...
...the anticipated increase in insurance premiums due to the adverse claims experience...
...and the time involved to litigate this affair...
... and our guess is this will be a long nightmare that will inevitably result of some form of additional cost to unit owners...
...whether that be an inevitable increase in annual dues or some form of special one time assessment.
We want to be wrong, but our years of experience in the insurance industry involving such legal matters leads us to this inevitable conclusion.
Got a comment ? Send it to us at:
...and rumor mill has it...
...that tab will be approximately $500,000...
...on top of the $100,000 already paid by the insurer.
The attorney representing Sun City Anthem has been retained on a contingency basis, but additional miscellaneous costs are paid by the association and subtracted from any settlement in addition to those fees.
Adding those expenses together...
...the anticipated increase in insurance premiums due to the adverse claims experience...
...and the time involved to litigate this affair...
... and our guess is this will be a long nightmare that will inevitably result of some form of additional cost to unit owners...
...whether that be an inevitable increase in annual dues or some form of special one time assessment.
We want to be wrong, but our years of experience in the insurance industry involving such legal matters leads us to this inevitable conclusion.
Got a comment ? Send it to us at:
Anthem Opinions Administration
Has any work been done yet?
The center has been closed almost a year (it seems) I was under the impression that work has already began.
Does all of the work have to be completed to open back up?
Certainly the mold, and I guess the solar.
You can bet that it's going to cost us big time.
Why a California mediator and not one from here?
A dues increase is looking good for all of us.
Liberty center has been closed for months.
Why not wait and see if we win the case and then fix it?
Perhaps Carl Weinstein can address your question as well ?
Hi Dick,
Just wondering, what would Bob Massi say to all of this, as though we don't have a local lawyers firm that couldn't handle an almost seemingly small case?
Money, money, money…makes the last bunch of board members appear to be middle management at best, and I'm trying to give them the benefit of doubt.
I wish people would just ask questions and get answers instead of speculating in a negative fashion.
To answer one question, the mold remediation was accomplished some time ago and we received $50,000 from our insurance to pay for it.
During the mold remediation, many interior structures had to be opened/removed to make certain we removed all of the mold. In doing so, we found many of the other structural deficiencies that need repairs.
It could take over a year if we win our case. That's why we are fixing the building NOW!
Liberty cannot be shut down for a year or more while we litigate.
When you select and arbitrator you want to find one that has a history of finding for the homeowners and NOT the builder.
That's why the selection was made from California
It is my understanding that the initial cost of repairs will be paid by transferring funds from the Reserves to the operating fund. If and when we win the case, the money will go back into the reserve fund.
That's seems to be a better option than keeping the building closed for what might be a LONG period.
While I am writing this I might as well tell you that the boiler for the Anthem indoor pool is being installed this week!
I would like to remind residents that not ALL of the Board members do stupid things.
Those of us who try to do the right thing are sometimes outvoted by the "not so bright" majority.