Resident Still Waiting for Response to May 2, 2017 Email to Sun City Anthem Board

Nona Tobin Appointed

to Anthem Council

Change..or...Status Quo

?

 

Sun City Anthem resident and "unofficial watchdog" for many areas of community governance, Nelson Orth,  recently sent this email to the new members of the new Sun City Anthem Board of Directors.

Did this correspondence have any influence naming Nona Tobin to replace the retiring Carl Weinstein as the Sun City Anthem's representative to Anthem Council?

You decide.

States Mr. Orth:

 "By now all of you should have received a copy of my Intervention Affidavit letter to the board about Anthem Council (AC). The Association signed for the letter on May 3. My allegation is that the board has no standing or authority to send Anthem Council $600,000/year. This amount of money is the second largest item in our budget (only behind payroll), and represents about 8% of the budget.

 My allegation is based upon the following.

Anthem Council transitioned from developer control to association control in January of 2010.

Jack Troia was, at that time, the president of Sun City Anthem. He become president of Anthem Council and hired Randy Watkins as the Community Association Manager. This is significant because Randy Watkins and Jack Troia were/are close friends, and Randy Watkins worked for Del Webb/Pulte as the head of Anthem Council before becoming the Community Association Manager of Anthem Council
.

The Del Webb/Pulte By-Laws and CC&Rs were adopted as Anthem Council By-Laws and CC&Rs, and have never been modified or changed to conform to being association controlled.

Sun City Anthem has never passed any resolution acknowledging that any money is owed to Anthem Council.

In the early years (and it may still be true today, I don't know) the SCA yearly assessment was a phone call between someone from Anthem Council and the president of Sun City Anthem.

There was no paperwork - just a phone call.

When this process was questioned, the answer was always - that's just the way it is.

The problem has always been that Anthem Council believes that it should operate under the rules of NRS 82.

I have always contended that once transition occurred, Anthem Council should operate and be held accountable under NRS 116.

For about two years I asked the Nevada Real Estate Division (NRED) to provide guidance on this subject.

On December 29, 2014 I received a letter from NRED stating:

"The Real Estate Division will only provide Division initiated advisories at this time. However, the Anthem Community Council (ACC) can operate under NRS 82 as a non-profit organization, in addition, the Anthem Community Council (ACC) must also comply with NRS 116. 

Should a conflict exist between NRS 82 and NRS 116; NRS 116 prevails."

I have shared this letter with only 3 or 4 Sun City Anthem  homeowners, never with the board or management.

 I did file an Intervention Affidavit (IA) against Anthem Council, but their position is that they do not recognize the authority of NRED, and continue to operate under the rules of NRS 82.

Nevada Real Estate Division, even though they work for the Attorney General, apparently does not have the will to punish Anthem Council.

My May 2, 2017 letter to the board, I believe, can serve as a conduit to bring this issue before the homeowners, and serve as a way to save homeowners at least $200,000/year, and perhaps more.

By not adhering to the rules of NRS 116, SCA homeowners are denied, by the AC, the right to hear a quarterly financial review, nor obtain, as required by NRS 116.31175, documents that would be useful to determine where our money is being spent.

Wouldn't it be nice to review the contract between Anthem Council and the company doing the waterfall work?

Also keep in mind that SCA pays 52% of Anthem Council's budget, but does not get to exercise 52% of the votes.

If any board member places on the agenda an item to discuss Anthem Council, and the items I have discussed above, I believe there will a homeowner ground swell for the board to take action.

Another approach is as follows.

The legislature has mandated that a compliant must wait (I use 14 days) before submitting the official IA to NRED. The purpose of this time wait is to give both parties the opportunity to sit down and see if some compromise can be reached.

The Sun City Anthem Board has never, to the best of my knowledge, ever availed themselves of this opportunity."

I believe that all that is needed is a letter from SCA to Anthem Council demanding that both parties negotiate the unwritten agreement between both parties.

Then someone with a spine, and who has the best interests of the homeowners at heart, be assigned to represent SCA.

Another fact that needs to be considered:

Under the Master Plan, Anthem Council has the responsibility to maintain 97.23 acres.

SCA has 205.84 acres, yet if one looks at the budget landscaping line item for both organizations, the difference is somewhat of a mystery to me.

I will be happy to send these maps to any of you who would like to see them."

- - - - - - - - - - - - - - - - - - -

Subsequently, shortly thereafter, Nona Tobin, was named as the Sun City Anthem representative to Anthem Council.

We believe Nelson Orth has more than demonstrated his unselfish dedication to "making Sun City Anthem a Better Place"...

...and for his efforts we encourage those of you who appreciate Nelson's work, will also take a moment and salute him in his continuing efforts.

If you have any comments you would like to share with Ms. Tobin, her email address is as follows:

 nonatobin@gmail.com

And...we encourage those of you who send her comments, to share them with us at:

scaopinions@gmail.com

Special Note:

When Nelson Orth brought the waterfall issue to the attention of Anthem Opinions, we went to the Anthem Council website:

http://www.anthemcommunitycouncil.com/

When we opened the site, there was a section entitled "Contact Us".

We completed that section requesting a copy of the contract to repair the waterfall project as you enter Sun City Anthem from Eastern Avenue.

To date, this request has been COMPLETELY IGNORED.

The next meeting of the Anthem Council will be held on May 18, 2017 at 3:00pm in Solera.

Here is the agenda for that meeting.

http://nebula.wsimg.com/92e4471fe58ecd91333abfe5d5dfe849?AccessKeyId=3B7F23B24CF80709871F&disposition=0&alloworigin=1

1. 
   May 17, 2017 at 8:09 AM

   From Robert Nusser...to...Anthem Opinions
   
   Life Watergate...follow the money.
2. 1. 
      May 17, 2017 at 9:53 AM

      From Mary Lee Duley...to...Anthem Opinions
      
      Nelson Orth's research, as always, is extremely extensive and informative, and SCA is fortunate to have him as a resident who cares and gets involved.
      
      Nelson always provides specific facts and phone numbers, making it easy for SCA residents to verify and express their concerns to the appropriate sources.
      
      Our thanks to Nelson Orth for a job well done.
      
      Hopefully the waterfall contract will surface for full disclosure and well as responses to emails and correspondence.

1. 
   May 19, 2017 at 1:06 PM

   From Patrick Murphy...to...Anthem Opinions
   
   The affect of the beautiful waterfalls is undeniable. They were actually one of the first reasons for my family to buy in Anthem. I notice them everyday whether running or not.
   
   The concerns of the costs and the environment are also legitimate.
   
   Has anyone looked into the option of creating a waterfall effect using LED lighting?
   
   NOT just color changing like Sun City )
   
   There are examples on line where light can creaet the illusion of water falls.
   
   Thanks for your time.
2. 
   Dick ArendtMay 19, 2017 at 1:07 PM

   Patrick, thank you. What a wonderful suggestion. Please send your comments to Nona Tobin, the Sun City Anthem representative to Anthem Council.
   
   Her email address is:
   
   NonaTobin@gmail.com
3. 
   May 19, 2017 at 1:07 PM

   From Regina Requa....to...Anthem Opinions
   
   Yes . I would like a map of the areas in this SCA council.
   
   I think this is ridiculous.
   
   The board (except Nona) seems to think we can subsidize everything including this, the restaurant (already 4 failed attempts)….
   
   ...don’t want it.
4. 1. 
      May 19, 2017 at 6:13 PM

      From Larry Tandoi...to...Anthem Opinions
      
      I like and would support the waterfalls.
      
      Whenever I have visitors and even the Uber drivers comment how beautiful our area is.
      
      Let's keep it that way.
      
      If you don want to spend the money to keep it nice,
      move somewhere else and not ruin it for the rest.
   2. 
      Dick ArendtMay 19, 2017 at 6:19 PM

      Larry, we all love the waterfall. I believe the issue is the percentage that Sun City Anthem pays (52%) of the total cost; not the beauty of it, yet we have only 1/7 of the directorship.
      
      Would you favor a dues increase or special assessment for homeowners?
      
      As it is, Sun City Anthem pays Anthem Council close to $600,000 per year, represents 8% of the community budget, and is the 2nd largest expense, second only to employee salaries and benefits.