Sun City Anthem
Resident
Fires
Back
at
Community
Manager
for
Construction
Defect Litigation Response....
Demands
Legal Accountability
from
Sun City Anthem Board
of Directors
On January 30, 2017, Sun
City Anthem Resident, Nelson Orth, sent an email to
the Sun City Anthem Board of Directors that summarized his views and that of the
Nevada Attorney General regarding the construction defect lawsuit action against
Pulte Homes of Nevada.
Here is that original
article on Anthem Opinions that included the original
email:
He received a
response...but soundly disputes that email....essentially asking the Sun City
Anthem Board, General Manager, and Association
Attorney...
...Prior to our filing
legal action....
Did you Check your
Information with the Nevada Attorney General as I did
?
With the permission from
Sun City Anthem, Nelson Orth, we have published the
recent email he sent to the Sun City Anthem Board of Directors.
...and we send him our
thanks for pursuing this matter on behalf of the unit owners of the Sun City
Anthem Community Association.
Anthem Opinions
Administration
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Members of the Board:
First, I would like to respond to the Community Manager's
response to my email of January 30.
The specific question of
whether language such as "Unless the declaration provides otherwise..." is
required or not required in NRS 116.31088 in order for the governing documents
to be controlling needs to be answered.
The answer is NO.
The
governing documents are controlling over NRS 116.31088.
The Community Manager
raises other issues, but they are all mute since there is no question that the
CC&Rs take precedent over NRS 116.
Second, what do I care what John Leach thinks.
If he doubts the veracity
of what I reported or what Ms. Jackson said, why doesn't he call Ms. Jackson,
and ask her what she said.
Or why doesn't anyone of
you take 10 minutes and call?
Or why doesn't someone
from management call, and discover the truth instead of insinuating that I am
either lying or do not know what I am talking about?
Third, your argument is not with me or Ms. Jackson.
Your argument is with
Michelle Briggs, the Attorney General of the State of Nevada representative to
NRED, and considered the most authoritative and knowledgeable person in the
state on NRS 116.
She is the person who
affirmed the words Sharon Jackson provided to me.
If you are so sure that I
am wrong and John Leach is correct, then I challenge you to call or meet with
Ms. Briggs, and explain your version of the law to
her.
Moving on - as you continue to argue with me, the dollar
count continues to mount.
I know that the mailing
cost for one mailing to homeowners is around $2600, and homeowners have received
two letters on this subject.
Does this include the
cost of envelopes and other associated materials?
We do know it does not
include the many, many hours that have been, and still continue to
accumulate?
Only you (maybe) know how
many hours have been devoted by staff, lawyers, and others in pursuit of
achieving the right to litigate.
This spending is the
height of hypocrisy.
You have raised our assessments by 10% for 2017 with the possibility of another 10% for 2018. Yet you continue to spend our money like there is a never ending supply.
You have raised our assessments by 10% for 2017 with the possibility of another 10% for 2018. Yet you continue to spend our money like there is a never ending supply.
It is my opinion that you are trying to sue Del Webb/Pulte in
order to cover up the inappropriate actions and behavior of past boards.
And you need
a scapegoat.
If you were going to sue, why not sue FSR?
They were
responsible, under the oversight of the board, for the maintenance, repair, and
upkeep of Liberty Center.
Did they
perform a quarterly or semi-annual inspection of Liberty Center?
Do you have
those reports from the past seven years?.
Or does the
prospect of having to explain why no independent audit of the payroll exists, or
why SCA overpaid RMI/FSR $2.9M during the years 2009 through 2013 bother
you.
You have 8 days left
before the Intervention Affidavit (I.D.) is mailed.
Nelson Orth
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Have a comment on Mr.
Orth''s email to the Sun City Anthem Board?
Let us
know.
Send you comments
to:
-
From Dorothy Yu...to...Anthem Opinions
Thanks, Nelson. This is worth keeping in my collection. -
From Barbara Sidary...to...Anthem Opinions
I know that we have to pay for "expert's" opinions whether we go to court and win or don't go to court.
Any idea how much we have spent on expert opinions to date?
Also if we have taken any depositions, we are also responsible for those costs.
This doesn't even take into account the cost of the mailing that didn't even count.
Would be nice if we could be kissed before we get screwed. -
Barbara,
I have tried desperately to find out how much we've spent on "expert" opinions. No one will provide the total costs we've paid to date.
Regarding depositions, they are paid at the end of the case...if we win or settle.
For example, let's say we settle for $300,000 (this number is completely out of the air), because the $1.5 million is a joke.
No way will that total be paid or be considered as part of the defect. We have already paid $1.9 million and still more bills to come. That's the amount we've paid to date to literally renovate the entire Liberty Center.
Only a fraction of that could be deemed as a "construction defect" in my estimation.
So, using my example, if the total settlement is $300,000, one-third comes right off the top and is paid to the attorney, or in this example, $100,000.
From the remaining $200,000, the lawyer "costs" are then deducted (our depositions and well as copies Pulte would take, mailings, expert witness fees, filing costs, etc. So let's say that amounts to another $100,000.
We subtract that amount from the remaining $200,000 after the legal fees, and that's we WE GET.
In this example, $100,000.
That's if we settle. It if goes to court, the normal attorney fee is 40% instead of 33%.
What this board has no concept of, is the "fun" they will be going through in the next few years.
Depositions that are scheduled, will be canceled, then rescheduled just to name one.
Keep in mind there is no incentive for the Pulte to settle anything. Their pockets are as deep as the Pacific Ocean, and perhaps, during the process some of our former Board members who will be deposed, could DIE.
Now, if it does go to court, and we win...Pulte would probably appeal.
If that takes place, a reduced settlement would likely result.
Why? Appeals cost BIG BUCKS !
Because appeal law is "pay as you go" or in other words, attorney fees that would probably be between $600 to $700 per hour. No more contingency at that point.
Now...while all this goes on, EVERY PERSON SELLING A HOME, MUST DISCLOSE THAT THE ASSOCIATION IS INVOLVED IN A SUBSTANTIAL CIVIL ACTION THAT COULD RESULT IN UNIT OWNER ASSESSMENTS.
This is no game, Barbara, and if the litigation goes forth, these proponents don't have any idea how much of their remaining years on this earth will be spent on it !
-
FINALLY - someone with both the knowledge AND fortitude to confront the misinformed arrogance.
From Mary Lee Duley...to...Anthem Opinions
Good for you, Nelson. I don't always agree with you, BUT your research is excellent and you hit the nail on the head.
Call the Source!
From Mike Vail...to...Anthem Opinions
SCA Members thank You Mr. Nelson Orth for your efforts in the Construction Defect issue.
Much Appreciated..
From Laura Shapiro...to...Anthem Opinions
Thank God someone is finally taking action.
Is the manager worth the money being paid?
Is she controlled by the Board?
Who does she have to listen to - the Board or property owners?
Are we better off or worse off with her here?
Are any decent people running for the Board this year?
1. Absolutely not.
2. Absolutely so.
3. Verdict still out, but when it comes to "guidance", this current Board is incapable of guiding a kindergarten class.
4. As of today, not a single person has declared; however, it appears that both Carl Weinstein and Rex Weddle will both be running for re-election. There is a rumor floating around that a former Finance Committee Chairman, Forrest Quinn, will throw his hat in...a good man...but...unfortunately there will be little if any change in 2017.
Amazing the affect incompetence can have in a community, isn't it?
A situation with 7,144 unit owners, and with a the filing deadline 3 days away, not a single person has come forward.
Thank you Unity Party, your descendents, and most of all, one blogger who has recommended EACH AND EVERY ONE OF THEM; one blogger who wrote a disgusting and malicious piece about a previous candidate's supposedly "hating women", and a third blogger who felt it his "duty" to reprint that garbage.
Of course the ultimate blame can only FALL on the STUPIDITY OF THOSE who chose to believe them.
My 2017 prediction as a result of the above factors...
...even if there is a Board election, this will be the lowest number of votes cast in the history of Sun City Anthem.
Congratulations to all of those above named parties for assisting in the nightmare we suffer today.