Sun City Anthem Board
Says
"We Don't Give a
Damn About Any Vote"
"We're Suing
Anyway"
Well now, did we
say that your vote never mattered...that the Sun City Anthem Board would do
whatever they chose to do, no matter what the
outcome?
Looks like our suspicions were right on
the money...
Your
Money
Anthem Opinions was not endorsing any action to sue or not to sue
the developer. That was
a decision that each resident made.
Our contempt was for the process that this board obviously used in
maneuvering the facts to support the outcome they decided before asking you for an
opinion.
There can be little doubt this was the case by simply examining the
actions by the President of Sun City
Anthem.
Despite an Association
President SPECIFICALLY STATING that it would require 3,573 "yes" votes to have the civil action
proceed, evidently...
...as we correctly
predicted....HE
LIED.
Rather than originally providing FULL DISCLOSURE in order to allow unit owners to come to an
intelligent decision...which an individual who had INTEGRITY and
sense of HONESTY...would have
done...
...instead...
...as has been the course
he has chosen again and again, since his election to the Sun City Anthem
Board...
..he obviously believed
that the key to successfully "sell" this to the
community....
Was
simply....
...DECEIVE YOU...
...by first violating
state law not allowing public "Con" arguments thereby distorting any vote
totals...
And...once that failed to
achieve his CONTRIVED
OBJECTIVE....
...spending additional
association funds consulting ONLY with those whom he
knew would provide him the answer he wanted to
hear...
...finding a loophole to
proceed, and conspiring with certain of his "lap dog" companions
who laughingly are referred to as "leaders", to go along with this DECEPTION.
Make no
mistake.
Every
board member who sanctioned this action is as GUILTY AS THE PRESIDENT.
They too, remained
silent...allowing this DECEPTION to
continue.
Of course that "loophole" was never discussed prior to any
vote...or...in any letter from a lawyer...it just
came about when the residents of Sun City Anthem received the following this
letter:
- - - - - - - - - - - - - - - - - - - -
January 18,
2017
RE: Outcome of the Liberty Center Construction Defect Vote
Dear Sun City Anthem Homeowners,
History was made recently in Sun City Anthem on January 6, 2017. Over 54% of the members took time to cast their ballot on the Liberty Center construction defect (CD) matter. Both SCA’s general counsel, John Leach, and our construction defect counsel, Francis Lynch, indicated that in their long experiences, they have never seen such a large response by a homeowners’ association in a vote issue such as ours.
Therefore, a big Thank You to all that
voted is the first order of this letter.
Automatic ratification of the litigation
question required 3,573 votes in favor, a majority of the unit owners. The count
resulted in 3,470 “Yes” votes and 294 “No” votes.
That was just 103 short of what the law
required for the litigation to continue without further Board action.
This vote resulted in over 92% of the
participants voting in support of continuation of the
litigation.
The Board of Directors scheduled an Executive Session well in advance for January 9, 2017 expecting the possibility that the vote would fail to meet the required minimum.
On that date, the Board met with both our
corporate counsel and construction defect counsel to go over the results of the
vote and the
next steps the Board should take.
next steps the Board should take.
The Board unanimously approved
moving ahead with the litigation
for the following reasons:
for the following reasons:
Because there is legal precedence for continuing the litigation;
Because 92% of the responding unit owners approved moving forward with the CD lawsuit;
Because construction defect counsel has advised that the claims regarding the construction defects are well supported, amply documented and grounded in established scientific principles;
and,
Because corporate counsel has also advised that attempting to recover the monies to repair;
Liberty Center is considered to be an action in the best interest of the Association and its membership.
We have taken some of the resident’s questions and formed a Frequently Asked Questions section at the end of this letter in hopes we have covered most of the inquiries.
SCA Board of Directors
Sun City Anthem Community Association, Inc.
- - - - - - - - - - - - - - -
-
FREQUENTLY ASKED QUESTIONS
FREQUENTLY ASKED QUESTIONS
Since the Association did not get the majority (3,573 out of 7,144 units) “yes” votes, does this mean the Board cannot continue with the litigation?
No, the Board CAN continue with the lawsuit.
The applicable statute, NRS
116.31088 (1) (e),specifically reads in part “[I]f the association, after making
a good faith effort, cannot obtain the required vote or agreement to commence or
ratify such a civil action, the association MAY thereafter seek to dismiss the
action without prejudice for that reason only if a vote or written agreement of
the owners of the unit to which at least a majority of votes of the members of
the association are allocated was obtained at the time the approval to commence
or ratify the action was sought.”
The key word in this statement is “MAY”.
Where the vote totals fail to
produce a majority vote either way, the Board must take some action.
Since 92% of the voting members
agreed to continue with the
civil lawsuit, the Board adhered to the majorities’ vote and unanimously agreed to move forward.
civil lawsuit, the Board adhered to the majorities’ vote and unanimously agreed to move forward.
Some have asked “[I]f the Board
can act anyway, why hold a vote?”
We followed the process the law specifies.
We are required to seek a
majority vote on the question.
If that fails, then the Board
exercises its fiduciary duty to decide the course of action it believes is in
the best interest of the community.
What would cause the Association to lose this case?
Construction defect counsel is confident that we are not likely to lose this case if it is tried. The Association has correctly filed the complaint in a timely manner and has obtained several experts’ reports identifying faulty construction that occurred when the Liberty Center was built.
The Association’s burden of
proof is preponderance of the evidence, or 'is it more likely than not’ that
construction defects existed in the Liberty Center.
The Association is confident
that it can meet the burden of proof in this matter.
Losing any case could involve
many reasons including the basics of
filing the complaint incorrectly or beyond the statute of limitation.
filing the complaint incorrectly or beyond the statute of limitation.
More often, it would mean that
the Association filed a frivolous or malicious lawsuit or abused the
process.
On the ballot under the Con Statement, it stated that the Unit Owners may be responsible for paying Pulte/Del Webb’s (Defendant) legal fees if we lose.
What are those fees
for the Defendant’s attorneys?
Our counsel has advised us it is extremely unlikely the Association will lose if the case is tried.
However, in the event the Association was found to have filed this case maliciously or frivolously and the Defendant was awarded their legal fees, a judge will determine the reasonable amount of those fees.
- - - - - - - -
- - - - - - - - -
Well now, what can we
say other than...
...that this carefully crafted letter...WHICH UNDOUBTEDLY COST ADDITIONAL SUBSTANTIAL LEGAL FEES $$$ ...
...was ordered by a Sun City Anthem Board President in agreement with certain of his
fellow Board members in order to SKATE THE LAW, in conjunction with an association attorney
and independent law firm that stands to FINANCIALLY
GAIN as a result.
Of
course what was conveniently omitted by these DECEPTIVE individuals was
that:
1. Only 48.5% of the unit owners voted to approve the
measure: that Nevada laws says 50%, and the Sun City Anthem CCRs state 75%.
These RULES of course
didn't seem to mean "a hill of beans".
2. Many did not vote because THEY WERE LEAD TO BELIEVE that
such action would constitute a "no" vote, further
distorting the vote total.
3. By admitting in the letter they had a formal executive
board meeting planned in advance of the vote count,
that too, provides a convincing argument they had no intention to follow the
law.
4. And the best...AND PERHAPS THE BIGGEST INSULT TO THE
INTELLIGENCE OF EACH UNIT OWNER IN SUN CITY ANTHEM...they've now come up with
this option...
If
you don't want to go through with it, now you need 50% to say
"no".
We knew this would
happen; history has always dictated that this DECEPTIVE
bunch of CONTEMPTABLES pay little attention to the laws of Nevada, much
less existing Sun City Anthem CCRS when it does not fit their whims and
desires....
...and that the unit
owners of Sun City Anthem can now come to terms with the leadership it has
tolerated for years....
YOU, as a unit owner,
are merely a PAWN in order to finance their DESIRES.
These aren't
leaders....these are CON ARTISTS
!
...individuals who
have "played you" with a deck of 51 cards.
When will this place ever
realize you mean NOTHING to them OTHER THAN A QUARTERLY DUES
CHECK ?
Is there any doubt that
any of them could ever exist financially if they were forced to spend THEIR
MONEY, rather than yours?
These are
BUREAUCRATS....and in our opinion, have now established the Sun City Anthem
definition of "DEPLORABLES".
For those who actually do
pay any attention to their antics...
What in the world is it
going to take to prove to you, the financiers of our association, that their
main accomplishment has been creating a deceptive and untrustworthy atmosphere
year in and year out ?
We
should all realize they pushed this lawsuit in order to avoid their admitting
they were financially inept....
...that it was more convenient to "blame someone else" rather than
have a special assessment to cover their
mistakes.
This association has
known FOR YEARS that there have been serious problems with The Liberty Center,
and they IGNORED THEM in hope they would simply "go away
".
Previous
boards retained a management company to act as a watch dog to keep things in
order....
...and for some strange
reason, NEVER BOTHERED TO PLACE THE CONTRACT OUT TO COMPETITIVE BID...as
prescribed by law.
Can any of you remember
the excuse used not to place it out to bid years ago?
They used the word "practicability"....that it was "too late to do
so"...despite knowing months and years in advance of the renewal date....just
another backdoor deal that obviously WORKED AGAINST YOU
FINANCIALLY.
Why
are we not SUING that firm?
...you know, the one we
finally dumped ?????????
No
one has ever been able to give a straight answer to that question, have
they ?
Want more proof of the
"confidence" these CON ARTISTS have instilled in our community over
time?
Out of a community
population of over 11,000 residents with 7,144 unit owners, to
date...
NOT A SINGLE NEW INDIVIDUAL HAS FILED TO RUN IN THE 2017 BOARD OF
DIRECTORS ELECTION TO DATE...
...ONLY THREE WEEKS
FROM THE DEADLINE.
There is rumor that a number of members
of the existing board will once again run for reelection and continue to destroy
the financial soundness they have inadvertently created year after year with
selfish and ill-conceived decisions.
examples
include...
10% DUES INCREASE
in 2017 with likely 10% again in 2018
EXHORBITANT
SALARY & BENEFIT PACKAGE TO G.M.
RESTAURANT
SUBSIDIES AND BAD LOANS
IRS
FINE
...this list can go on and
on.
What have they...or more properly
stated...
WHAT HAVE WE ALLOWED THEM to do to this community ?
No "newbies" because of their creating
an atmosphere of...
"Why run,
nothing will change anyway"
So, with this grim, yet realistic
picture that we are convinced, WILL TAKE PLACE...
What can you do?
Very little...but what you can
seriously consider...knowing that in the absence of "new competent blood" ,
nothing will change...
When you receive a
ballot...
(if you receive an election
ballot)...
(no election takes
place if there are not sufficient candidates...and these LYING LOSERS merely
appoint some lackey who will follow the
leader)...
ANY
INDIVIDUAL BOARD MEMBER WHO SANCTIONED THIS DECEPTIVE ACTION SHOULD NOT
BE TRUSTED AND NO BALLOT SHOULD BE CAST IN THEIR
FAVOR.
They should be ashamed of
themselves for LYING to the members of Sun City
Anthem.
This latest action is
more than a "loophole".
Your acceptance of this
does little other than set a precedent for future
events.
The law was established
in order for a majority of those WHO OWN A COMMUNITY, to decide its fate.
All
we asked was FOLLOW THAT
LAW.
They DID NOT.
There is but one
conclusion that can be drawn from this decision that affects all of us who
reside in Sun City Anthem.
Should this action in any
way cause financial loss to our community, EACH BOARD MEMBER WHO JOINED IN THIS DECISION SHOULD BE
HELD PERSONALLY RESPONSIBLE FOR ANY FINANCIAL LOSS
SUSTAINED.
This "swamp" needs
draining, but after years of corruption and inept management, sadly those who
have mistakenly trusted the judgment of those who have caused us such harm by
allowing this action to continue again and again, have left us with a "swamp"
without a drain.
They made sure of that in
designing a "spoils system" in which they could perpetuate their
disease...
... and when you pay that
increased assessment in addition to the many that will follow, we only have
ourselves to blame for being blind enough for allowing them to do
so.
Got a
comment?
Send it to us at:
Dick..Can you believe what our criminals in charge are doing? Going ahead with this lawsuit against the declared wishes of the members has got to be actionable...Reminds me very much like the whining snowflake losers we have to deal with on the national scene..
From Richard B...to...Anthem Opinions
To have a BOD that goes against the will of the people; it’s almost too much to bear.
I am outraged, and so should you be as well.
Get over praising false gods, and expose our worthless BOD and wanna-be manager for the frauds they have proven out to be."
I didn't own my property in SCA until after the vote on a pending lawsuit and the only way I was aware of it, was from following your blog, so thank you.
The problem is obviously that a member opposed to the suit assumed this would constitute a "No" vote.
So, they mostly got votes from those who wished for the suit to go forward.
From what I read of your posts, the board didn't provide and cons prior to the vote.
They also didn't mention that by NOT voting one was essentially voting YES.
Their conclusions from this is that the majority want the suit is incorrect. Compare this to a survey that is sent where the respondents are told that choosing yes is a Yay, voting no is a Nay, and if you don't return the survey, it is counted as a Nay. Why bother to return the survey?
We continued with our purchase because at $120 a month the dues are still way lower than friends of ours with similar amenities in a Robson community. We figured the board could screw up quite a bit before I'd have to worry about it, but at this rate...
If you ever attend a meeting of the Board, this will frustrate you even more..normally 30-50 people out of 11,000 people normally show up.
When I first arrived here in 2005, there would be hundreds in attendance.
Then these same "descendants" of one another actually started a political party in which to run their chosen ones year after year, stroking the egos of some of the most ignorant and offensive individuals to run for office. All have been victorious ever since, resulting in what we have today.
Relevant experience suddenly took a back seat to obtaining "yes" people who would "go along to get along".
There is actually a belief that those elected should all agree to show a united front...that individual thought is condemned by those who have tried to express it, and life has been made miserable for those who disagree with "the system" in any way.
Since then, the place is run by those who pretty much never achieved any level of meaningful success in their lives before they got here, and to them, enjoyment in retirement was defined as "catching up for lost time" by controlling the lives of other seniors.
The Liberty Center is just one example of the "geniuses" we've had to deal with over the years, and the time is finally arriving when the "Piper is having to be paid" for their "guidance."
The "kitty" ran dry, the reserves had to finally be pumped up for the substantial losses...and now the dues increased as a result...with additional increases to come.
Not a single individual who has been a member of the Sun City Anthem has ever said " Oops...I made a mistake, and I apologize", despite the thousands of dollars their decisions have cost unit owners.
What does that tell you about our leaders?
Did you know that Channel 13 actually made Sun City Anthem a "Star" by having special broadcasts naming two of the Board members to the HOA Hall of Shame?
Need a good laugh...or...actually a good cry?
Here is a clip on Youtube.com that pretty well describes it.
Here it is....it took place in 2009.
https://www.youtube.com/watch?v=8kbb6dN7eas
How proud many of us were...to have such a fine individual represent them !
My suggestion...enjoy the community and avoid the politics as best as you can.
But if you can't, I suggest you go to Sam's Club and buy Maalox in large quantities.
IT IS TIME TO DRAIN THE SWAMP HERE AT SUN CITY ANTHEM.
WHY DID WE WASTE THE MONEY TO SEND OUT LETTERS FOR A VOTE?
WHY DID WE SPEND ANYTHING IF THE BOARD WAS GOING TO NOT LISTEN TO THE RESIDENTS.
WHEN THE BOARD SAYS THERE WERE ONLY A FEW HUNDRED NO VOTES, THEY BASICALLY TOLD THE FOLKS THAT WOULD VOTE NO, THAT ONLY THE YES VOTES WILL COUNT.
MOST OF THE NO VOTES, HAD NOT INCENTIVE TO WASTE THE POSTAGE STAMP SINCE THEY WERE BEING IGNORED ANYWAYS….ONLY THE YES VOTES COUNT.
I AM SICK AND TIRED OF HAVING A DECEPTIVE AND LYING GROUP OF LOSERS GOVERN AS THEY WISH.
WE NEED TO NOT ONLY DRAIN THE SWAMP BUT EMPTY THE LAKE ALSO FROM THIS BAD PEOPLE.
OUR BOARD OF DIRECTORS IN AN EMBARRASSMENT TO THIS COMMUNITY. MAYBE THAT IS WHY PEOPLE DO NOT SHOW UP FOR MEETINGS…..IT DOES NOT MAKE A DIFFERENCE.
THESE LYING REPRESENTATIVES HERE AT SUN CITY ANTHEM SHOULD BE REMOVED WITH THE LAWYER THAT GIVES THEM ADVICE.
ALL HE DOES IS TO LINE HIS OWN POCKETS WITH OUR MONEY FOR HIS BAD ADVICE.
THE BOARD IS SO INCOMPETENT THAT THEY HAVE TO RUN TO JOHN LEACH FOR EVERYTHING.
B.T.W.
Surprised that 'nobody' has complained about the new, increased dues (mine went up from $275 to $301.50 - don't forget that 50 cents)....
I'm glad we're all chipping in for Seddon's bonus.
So why doesn't the person writing the comments about the crooked Board members and their determination to sue, run for a Board position?
He/she sounds like a leader to me, and if you run for a Board position, maybe that would encourage others to run and help "drain the swamp."
I think you should run for the board. Obviously you are in the know and look out for the residents. I would also like to see the 3 individuals that lost (don't know why) the last election run.
We certainly need to get some relief from the current board that does what they want, when they want and with our money.
I know you have spoken about the money our current GM gets, along with her bonus. I have also heard that the CFO receives $200K and got a bonus also. We have never seen what we paid the management companies vs what self-management is costing. Would love to have those figures.
Thanks for your fantastic reporting.
I just saw my email from SCA and opened the link to the letter.
They could have just sent me a picture of a huge middle finger and been more succinct.
Apparently my vote doesn't count because I am not in lock step so they will just do as they please.
Why did they bother with that charade?
What IS the magic number anyway?
If 90% had voted to move forward- would that have been enough? 89%? 75%?
The Board gets to arbitrarily decide - so it really doesn't matter because they are governing by Executive Order and making it up as they go along.
This Community gets more frightening daily.
My wife has made it very clear, that doing so, will cost me half of everything I own, and at age 70, my best days are behind me now.
Honestly, I see my "community service role" as trying to tell people the TRUTH...untainted, and unbiased, and though often not what people may want to hear, I speak with honesty and good intentions of asking them to think things out logically, before a substantial decision is made.
I am not the product of rich parents, but I was able to have parents who taught me that riches should be defined in a manner that makes the world an honest and better place. With that attitude, the money seemed to follow.
What I offer is through the eyes of an individual who has been self-employed, employing others and realizing the value of a dollar....
... and how difficult it was at times to earn it, while watching others frivolously spend it without realizing that there are many in Sun City Anthem living on Social Security alone, that Meals on Wheels make regular visits here, and knowing some seniors are even cutting their medications in pieces in order to survive financially...
...while at the same time seeing others say "We're still less expensive than other communities".
I have a problem watching people who look at the less fortunate as being inferior, and an even greater disdain for those who "use" and "abuse" others, by parading themselves as their friend publicly, yet privately embracing a selfish agenda.
...and I hope that attitude is displayed by my writings.
Thanks again for the compliment, but Sun City Anthem needs...AND REQUIRES...a younger set to lead us.
It will soon be their community;; they are the ones who must step forth and lead. Our baton is getting a bit rusty, and the success of Sun City Anthem should be concentrated on our recruiting and retaining those with "The Right Stuff".
Excellent Article, I'm a man of few words...Let's get our Wonderful Channel 13 Light Shining Organization on this one before our beautiful little community becomes like a prison sentence with no parole...Yes, it's that Bad..
Beyond not meeting the smell test!