Adam Clarkson
(Sun City Anthem Association Attorney)
Rebuffed
by
Commission for Common Interest Communities and
Condominium Hotels
A report
by
Tim Stebbins
Sun City Anthem Resident and NRS 116 Expert
At a hearing in Las Vegas on November 6, 2018 the Commissioners on the Commission for Common Interest Communities and Condominium Hotels rejected the hyperbole and nonsense argued by Adam Clarkson of the Clarkson Law Group.
Sun City Anthem is one of over 300 HOAs represented by The Clarkson Law Group.
The Board of Directors for another Clarkson represented Homeowners Association was ordered to reject the erroneous instructions provided by Mr. Clarkson and to treat all homeowners in the HOA with courtesy and respect.
The Board of Directors was also ordered to pay over $5,200 to the State.
Mr. Clarkson had directed the board members to harass and retaliate against two owners because those owners dared to point out the board and community manager were violating the governing documents of the association.
This persecution included:
1. Refusing to allow the owners to attend board meetings.
2. Refusing to let them run for the board.
and
3. Refusing to allow them to contact the community manager.
With arrogance and egotism Mr. Clarkson made attempts to belittle the Nevada Real Estate Division and insist he is better and more powerful than the State.
In the end the homeowners involved were totally vindicated and the Board of Directors was punished.
I suggest this action be of concern to Board Members, the General Manager, and all Sun City Anthem property owners.
The message ?
...that while the Board is to seek advice from professionals such as the association attorney for legal matters when it comes to relations with homeowners, Board members are responsible and accountable for their actions no matter what the association attorney tells them to do.
As a personal observer of this action, it was also noted that Adam Clarkson was accompanied by an ADDITIONAL ATTORNEY at that session...
...who did virtually NOTHING.
Both spent over 7 hours attending that meeting.
What had that respective Homeowners Association been billed for 2 attorneys @ 7 hours EACH?
Who knows, but perhaps such actions are worthy of a close examination of Mr. Clarkson's law group's billing practices as they pertain to Sun City Anthem.
After all, to date, our community's legal bills have far surpassed the budgeted amount...
...and...
...have been increased approximately $50,000 in the 2019 association budget.
Is it time reevaluate the Sun City Anthem relationship with this law firm?
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Got a comment on Tim Stebbins report?
Send it to us at:
Latest Sun City Anthem Restaurant Poll
Yet Another Deception in Progress ?
If you receive Sun City Anthem eblasts, you likely received this one from the Sun City Anthem Board of Directors:
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"Dear Resident,
In mid-November, the Board of Directors will be sending out a one question opinion poll related to the restaurant space.
Your participation and feedback are important. Please take a moment to complete the opinion poll and return it in the pre-addressed return envelope. Responses must be returned in the envelope provided. Lost or misplaced opinion polls can be replaced at the Membership Office in Anthem Center. Only one opinion poll per household.
You may drop off your response in one of the boxes at the three centers or return it via mail. Staff will collect and tabulate the responses. This is not a vote, but rather a request from the board to state your opinion.
The deadline for submission is December 14, 2018. The Board of Directors will share the results at the December 20, 2018 Board Meeting.
Thank you in advance for your participation.
SCA Board of Directors"
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Note the highlighted ...
"a one question opinion poll related to the restaurant space"
Anthem Opinions received a number of emails asking us a simple question:
"What's the Question ?"
We had no idea and urged those individuals to call or send emails to the Sun City Anthem Board...
...and the responses they obtained AND forwarded to us all had one thing in common:
They refused to relate the question that will be part of this poll !
Now why would that be the case?
Unless you were born yesterday, we believe, based on their past actions, Sun City Anthem property owners are being conned AGAIN by a group of individuals who are so hell bent on adding a restaurant to our premises...at WHATEVER COST...they will once again resort to yet another deceptive method to do so !
You have no idea how much I want to be wrong, but the silence is so deafening on this "one question poll", that the only reasonable conclusion that can be drawn at this point is:
Caution:
Do Not Answer any Poll that is so general in nature that will likely be used AGAINST YOU.
Will the question be simply:
Do you want a restaurant?
Should that be the case, I can assure all of you...
...It's a...
Why?
Because this tactic took place a number of years ago.
At that time, 80% of the respondents answered YES; however, that poll also asked a second question:
Do you want association funds to pay for it?
Only 20% of the respondents answered YES.
Note this time you will only get ONE QUESTION.
But...there's more...
A massive COSTLY MAILING to all 7,144 homes will be made, and you will have to use a SPECIAL ENVELOPE.
If you decide to mail it, you will have to use PERSONAL POSTAGE.
Sound familiar?
A.K.A...Removal election ????
Who is handling the poll?
Election committee? Clerical Staff? Outside organization?
Who is doing the counting?
NO ONE KNOWS ...and...THEY WON'T SAY !
And most importantly, WHY only one question ???
Too much trouble to place a few others on the same ballot?
Why are owners prohibited from adding "pros" or "cons" in a costly mailer in order for owners to make an intelligent decision?
Why wasn't an insert merely placed in The Spirit to reduce the cost?
The bottom line is this:
Without full disclosure and the ability of providing the property owners opportunities to provide various facts and opinions to be included in any such "one question poll", this calamity amounts to one word:
...that the only sensible manner in which to answer a poll that merely asks a skewed question without knowledge of the ENTIRE STORY, is...
We made attempts to obtain full disclosure and allow alternative facts and opinions in the 2017 removal election, and that, like this, was FLATLY REFUSED.
Don't be fooled again.
Don't forget the restaurant "freebies" they tried to hide the last time before private blogs exposed them !
This group has shown that their actions must be closely examined and questioned.
Most importantly, REMEMBER THOSE INDIVIDUALS WHO CONDONE SUCH ACTIONS, and if any choose to run for reelection in the Spring, actions such as these must not allowed to continue to control our community.
This Board of Directors should be thoroughly ashamed of themselves.
Got a comment?
Send it to us at:
scaopinions@gmail.com
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From Rana Goodman...to...Anthem Opinions
If the question, as you write, merely just gives a "yes" or "no" answer to “do you want a restaurant?”, I strongly suggest everyone add the the "do" or "don’t" "wish to subsidize it".
If there is no room on the ballot, attach a note with a staple so that it leaves a mark on the ballot that can be seen if the need arises to request to audit the replies.
That is what I plan to do. -
Rana,
I think your idea is very sound; however, what is so sad about all of this is that you even have to make a special attempt to clarify something so important.
It could have been handled so easily...if they were actually looking to obtain an objective community point of view.
Why this entire matter can't be fully explained with alternative views and several options for a unit owner to choose on a formal ballot that is going to cost so much money, paints such a horrible picture of the lack of transparency that exists with this Board we have, along with the probability this "one question fiasco" was likely influenced by an association attorney, along with an over compensated General Manager in conjunction with her staff of "control freaks". -
From Robert Nusser...to...Anthem Opinions
Let's just hope the same Accounting Firm used for the "recall election" isn't used as the tabulator of the poll results (again). -
Robert,
Let's hope NO accounting firm or any organization for that matter, would be paid any kind of fee, in any way.
Then again, any "one question" poll is so biased that any person with an IQ above 10 should be looking at it as a sham.
This concocted "poll" literally insults the intelligence of every owner in SCA. -
From Tim Stebbins...to...Anthem Opinions
"The question" about the restaurant space can be worded to get the answer they want. We will see.
You and I could write such a question.
What if the question is:
"Do you want a restaurant in the Anthem Center....even if it will raise the assessments over $300/year initially and possibly well over $500/year in the future?" -
Tim,
If that was the question (which we both know is as likely as a snowball in hell), at least it would be an honest one ! -
From Ann Hollingworth...to...Anthem Opinions
Who do you think you are spreading all this nasty, negative information attempting to influence our residents against every good thing that ever comes our way??
Do you get great pleasure out of making sure things fail??
We don’t want to put up with your garbage any longer, so if you hate us that much, then just MOVE OUT!!! -
Dear Ms. Hollingworth:
Before I continue with the remainder of this comment, perhaps you might think of this option.
If “you don’t want to put up with our garbage any longer”, why not stop logging on to Anthem Opinions?
You obviously do so, because our records indicate you are not a registered subscriber !
That might be the easiest solution to your dilemma.
Now to the contents of your comment:
Ordinarily I don't print such "far and in between" ridiculous comments we receive, because I choose not to embarrass them in front of others in the community...
... but in your case, I made an exception...
....for a good reason.
I thought our vast readership should have the knowledge of a certain type of person who resides in our community who states others "hate", but obviously doesn't look in the mirror for the real definition of the word.
I will not respond in the same insulting manner you have chosen. I never have, and never will. That would bring me to a level I refuse to descend.
Is this your idea of a well thought out and intelligent comment that in any way should influence people toward making a decision?
Comments such as yours are more then welcome on another blog, but not here on Anthem Opinions.
For your information, I get pleasure in telling the truth rather than believing the lies some gullible people seem to swallow hook, line, and sinker, or even worse, selfish individuals ignoring truth because of a desire that they have without regard to the rest of those who reside in a community.
I suppose you are opposed to full disclosure of the facts before people vote on matters?
Is it a good thing for a community to be so blind as not to see how this restaurant idea is getting pushed down their throats again and again without ever making sure the full story was ever told?
Do you approve of the secrecy?
I'm sure our readers would appreciate your answers, as well as, your ability to respond in a manner commensurate with that of a mature adult.
Anthem Opinions now has 2,292 subscribers and reach between 1,800 and 2,000 people each day and you're the only negative response to this editorial thus far; much less doing so in such a childish, unprofessional, and insulting manner.
And no, I don't hate, I just inform; but sometimes informing people of things they don't want to hear, can get people to hate a person.
Those types, rather than respond in an intelligent manner and without sufficient knowledge of facts or common sense, are only capable of responding in one way...insults...
...and in doing so, make utter fools of themselves.
And...no, like you, I pay my dues and taxes, so unless you're willing to pay me $750,000 for my home, I'm not moving; I plan on being here until the end of time!Have a pleasant day. - ____________________
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$25,000 for Legal Fees on NRED Complaints
...and as usual, you'll get it here !
At the October 25, 2018 Sun City Anthem Board meeting, President Candice Karrow made an announcement that complaints to the Ombudsman's office were all "found without merit", dismissed, and cost association members legal fees amounting to $25,000.
This of course was capitalized in a manner that inferred how horrible some residents were in filing complaints...that they were the cause of what was inferred as a waste of association funds.
And yes, we agree, but not for the biased reasons she set forth !
Why would we make such a statement?
Simply stated, they were a waste...
...because each could have and should have been settled locally without legal involvement.
They were ignored, leaving the individuals a choice of either dropping the issue, or pursuing it to what they believed would be an unbiased governmental institution, NRED, and their Ombudsman...
...a NO COST right supposedly guaranteed by Nevada Law.
They chose the Ombudsman to solve the issue, and were surprised and shocked to see the adverse affect that office really had on members of homeowners associations.
Why?
...because none of those complainants ever received justice from an office that in our opinion, is so "infested" with influence from association attorneys from the Boards they represent, none of those individuals realized how little protection they would receive by an organization who is supposed to protect homeowners !
Without going into the details of each complaint filed, ALL were dismissed...
...and in each case, NONE WERE EVER GRANTED A HEARING to "tell their story".
That...is Sun City Anthem governing justice, folks...
...and it must be changed !
What most people do not understand is that before anyone can file a complaint with the Nevada Real Estate Division (NRED), they must first send a certified letter to the Board stating their concern.
After a "reasonable time period, usually seven business days", if there is no response, or one not satisfactory, then, along with a copy of the letter(s), a complaint may be filed.
No attorney is needed.
However...the Sun City Anthem Board never responds; and instead, sends the complaint to the Association Attorney, Adam Clarkson.
It should be noted that the Nevada Real Estate Division (NRED) is paid by each and every homeowners association an annual fee of $4.25 per home.
In the case of Sun City Anthem's 7,144 homes, that amounts to an annual PAYMENT OF $30,362.00.
Ever read the Office of the Ombudsman's mission statement ???
"The mission of the Office of the Ombudsman for Owners in the Common-Interest Communities and Condominium Hotels is to provide a neutral and fair venue to assist homeowners in handling matters that may arise while living in a common-interest community."
Yet, despite this cost to association property owners designed to PROTECT THE HOMEOWNER....
...all too often, it's the homeowners Board of Directors actions that are being protected.
I defy any person to attend a meeting and walk out believing otherwise !
The ultimate result ????
Waste....spending thousands of additional dollars of your funds to protect private Board agendas, laughing at those who make any attempt to expose their precious "machines"...
...because Boards refuse to defend their actions themselves, using an association sponsored paid "gun" to do their talking for them.
This in our "opinion" is similar to feeding Christians to the lions in Old Rome...
...you are so "out gunned" in every manner, that you don't have the slightest chance of achieving justice, no matter how much PROOF you provide of your allegation.
We couldn't help but notice that several bureaucrats who populate the "Bull Sheet" are in favor of further punishing those supposed "horrible individuals" who had the audacity to actually make such complaints !
...most of them so sadly uninformed, actually calling for the Association to bring suit against them to recover the $25,000 legal fees...
...the same individuals who had no problem with a Board clamoring to dump $250,000+ each year on a restaurant whose improper vetting and board hidden "freebies" were thankfully discovered...
...by some of those same individuals whose time consuming efforts saved Sun City Anthem years of wasted funds.
We have yet to hear from any of those bureaucrats for any such call to "recover" any legal fees or wasted expenses that were lost in that fiasco, have we ????
And of course, there has never been a word of apology from any board member who allowed that costly travesty to continue month after month, much less thanking those dedicated individuals for their discovering the vital information that THEY and their overpriced General Manager, neglected to properly investigate.
Of course not, bureaucrats are notorious for practicing:
There is a lesson that must be learned from all of this, folks, and from the "bad", we must turn it into "good".
These complainants believed in the Nevada Ombudsman's office to achieve justice; they took personal time to explore their concerns; and they spent personal funds to achieve justice for a community, not for themselves.
What did they get in return for those efforts?
Bureaucratic expensive responses...while being blamed for the costs that could have AND should have, been avoided, had transparency they vow exists, but never practice.
What the bureaucrats cannot deny is....
NONE received any opportunity of a proper defense in any formal hearing, and we witnessed a government institution use its authority in coordination with a "Machine" Board, make sure their PAID attorney would be excessively compensated to show their strong arm tactics to deny basic rights many sadly believed existed.
What all of those bureaucrats must understand is another fact !
They too could have a time come when they may bring a cause of concern once their power terminates.
Just remember...
...those "complainants" made a community aware of how important it has become to remove those disturbing obstacles to justice in the months to come...
...both in Sun City Anthem, as well as, Carson City !
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Got a comment?
Send it to us at:
scaoopinions@gmail.com
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From Robert Nusser...to...Anthem Opinions
What a waste.
This has to be the biggest crooked state organization.
There has never been a hearing on any complaint, no matter who filed it.
And Nona has yet to have any opportunity to defend herself.
$25,000 to have Clarkson do the defending ?
Why didn't any Board member decide to defend their actions without having to spend association funds if they were so convinced of all of this?
Obviously it was easier to waste more legal fees.
Just another reason to forget ever using NRED....and getting rid of all of them in the spring.
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Former Sun City Anthem Board Member Nona Tobin
Speaks Out on Clarkson Law Group and Sun City Anthem Board
I saw your article and have to say Jim Mayfield is right on in his response.
Here's a couple of things you should know:
In 2015, the Sun City Anthem Board got rid of Red Rock Financial Services by putting out an RFP (Request for Proposal) for a new debt collector.
They subsequently chose this firm:
Their history included:
...getting sued in 500 out of 800 HOA foreclosures they handled in 2011-2015...
...defaulted on a huge racketeering and bid-rigging judgment...
...hid their assets and multiple clients' trust funds...
...became the HOA Lawyers' Group...
and then...
...declared...
In January 2017, I sent a proposal to the Sun City Anthem Board entitled:
The nine recommendations included ways that the Board could protect owners from predatory debt collection practices and the association from managers and attorneys who appeared to have dual roles and conflicting loyalties that allowed them to be enriched at the expense of the membership.
I made an attempt to bring these concerns to their attention, especially the risk of allowing the Sun City Anthem attorney to represent the SCA General Manager whose interests could be adverse to those of the association.
Red Rock Financial was the existing debt collector at the time.
The Board subsequently hired the Clarkson Law Group, a firm that had been formed only a year earlier in 2014, to be the debt collector without issuing an RFP (Request for Proposal) as they did in 2015 to replace Red Rock.
They never acknowledged any of these recommendations.
In April, 2017, despite my pleas for them to wait until the new Board was seated,...
Rex Weddle, the then Sun CIty Anthem President, moved to select The Clarkson Law Group to be the new general counsel...
...despite there NEVER having been an RFP for a debt collector and despite a belief that a HUGE conflict of interest existed with Clarkson being both general counsel and debt collector and representing both the Board and the GM against the membership and against individual homeowners.
The ultimate result of choosing the Clarkson Law Group has been a substantial increase in Sun City Anthem legal fees in addition to the 2019 association budget INCREASING the legal fees portion an additional $55,000 for the coming year.
Many individuals are unaware that MAXIMUM CHARGES for collection are allowed.
For that man who was charged $985.00 for collections, here is the chart which summarizes the maximum allowable fees under NRS 116.
Note the Additional Attorney Fees section....the ability of the Association Attorney to charge an additional fee ranging from $245.00 to $375.00 per hour.
The law only permits ANY attorney fees if:
1. They are reasonable.
2. Are NOT for any of the collection activities listed in the above table.
3. Are at actual cost without mark-up.
I can't imagine what legal fees would be legitimate, and The Clarkson Law Group did not believe that it was under any obligation to explain.
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Got a comment?
Send it to us at:
______________________________
Still Believe the Sun City Anthem
General Manager & Board
Chose the Right Association Attorney ?
General Manager & Board
Chose the Right Association Attorney ?
When the Sun City Anthem Board chose Sandy Seddon as its General Manager at a cost that exceeds in excess of $100,000 per year above the income of others in the same occupation in the state of Nevada, she, along with the CONSENT of the Sun City Anthem Board of Directors, recommended to replace long time Association Attorney, John Leach, with The Clarkson Law Group headed by Adam Clarkson.
As was previously reported in October, 2017 by Anthem Opinions, Adam Clarkson was a former employee of the law firm of...
"Quon Bruce Christiansen"
For you readers who weren't around back in 2008 and 2009, we had a massive FBI investigation regarding widespread homeowners association FRAUD; and during that investigation, a number of individuals that included attorneys and law enforcement officials, "coincidentally" committed suicide prior to "facing the music" !
One headline read:
"FOUR public figures - including a police chief and two lawyers - 'commit suicide' after probe into homeowners association fraud"
And one of those attorneys was a woman named:
Nancy Quon
This aspect of Adam Clarkson has subsequently been REMOVED from the original biography that appeared a year ago.
Currently it reads:
Anthem Opinions also specifically stated:
"We are not accusing Mr. Clarkson of any wrongdoing and he was not charged with any crime, but we do wonder if this news was ever disclosed and/or discovered during his interview process when General Manager, Sandy Seddon, HIGHLY RECOMMENDED HIM and the Board merely went along with HER REQUEST."
No response was ever publicly disclosed.
(Vetting has not exactly been the strong suit of this Board and/or General Manager in light of the G2G background information that was discovered by private blogs, while being ignored by them.)
(Vetting has not exactly been the strong suit of this Board and/or General Manager in light of the G2G background information that was discovered by private blogs, while being ignored by them.)
We know that Mr. Clarkson recommended the accounting firm that handled the Removal election...
...the firm that sent ballots to owners in envelopes that in NO WAY INDICATED the contents had anything to do with official Sun City Anthem business..
...with the approval of the Sun City Anthem Board...
...and...
...as a result of that fiasco, Sun City Anthem paid $85,000 for the cost of the election.
Following that event, those who were opposed to the removal wasted little time in blaming the proponents for the cost on those who favored it.
Since that time Sun City Anthem legal fees have GROSSLY EXCEEDED the association's budget, and in 2019, the Sun City Anthem Board INCREASED the LEGAL FEE BUDGET an ADDITIONAL $55,000.
As to why that took place, that increase has also NEVER BEEN DISCLOSED.
Then....
On October 13, 2018...this was an excerpt from the "Nextdoor.com" blog by an individual whose name has been omitted...
...something ALL should be aware of !
Just in case you miss a dues payment...even for a reason beyond your control...
Look how this was handled:
"Late last year my wife was experiencing a severe health crisis.
This caused me to neglect to pay ONE payment of my HOA assessment installment.
Everything is up to date now.
The HOA "turned the debt over to"...
The Clarkson Law Group...
They are asking me to pay...
$985.81
$985.81
to collect a...
$302.00
...payment."
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Just another reason to think about the effect of reelecting incumbents in the Spring, 2019 Board election.
Got a comment?
Send it to us at:
scaopinions@gmail.com
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From Jim Mayfield...former of Vice President and Chairman of the Sun City Anthem Finance Committee...to...Anthem Opinions
I fought for 4 years to get rid of John Leach. He played favorites with individual Board members, sought to exclude dissenting directors from timely or even complete information, and the quality of his legal services was on the decline. His firm had to go.
When we sent out an RFP to a broad bidder pool, the quality of the responses was poor, and the final three was comprised of Leach's firm another long-serving Nevada HOA attorney, and Clarkson.
Clarkson was at least a new face.
Now that SCA has two years experience with Clarkson, I have learned the following lessons.
The HOA environment in Nevada is corrupt, starting with NRED.
All of the HOA specialty law firms are part of the problem.
SCA must now ask if HOA experience is really that necessary.
My answer is "NO".
What is needed is a good law firm with the resources to handle the business issues of the HOA, an independence from the current corrupt, insider regulatory system, and a relationship in which it reports to the Board and not the GM. -
From Rana Goodman of Anthem Today...to...Anthem Opinons
There can be numerous reasons someone might miss an HOA payment, as I discussed with Bella Meese when she was president.
Rex Weddle was present at the meeting so he heard this point..
During the time I started working with guardianship victims, I learned that someone in guardianship does not receive their mail.
I pointed this out to Bella and Rex at the time and suggested that prior to turning a delinquent home owner to collection, the board needs to have someone reach out and find out WHY IT WAS MISSED.
Is the owners living in the house?
Was it an illness issue, as in this case?
Have they been placed in guardianship or might they be in a rehab facility for some reason?
In our case we now have a general manager who, in my opinion, should have a member of her staff research the reason rather than just turn the owner over to collection, especially for missing ONE payment.
And don't you all think that a regular collection agency would be far more cost effective than a law office? -
From Rana Goodman of Anthem Today...to...Anthem Opinions
As part of my projects for Elder Hub, the volunteer arm of the Vegas Voice, we requested a list of all persons currently in guardianship and who each of their guardians were.
I just received the list and it is 36 pages long.
Elder Hub is reaching out to get locations and be able to visit these people.
But as I read your column today, I wondered how many of those folks lived in an HOA, as did one victim we rescued 2 yeas ago and stand to lose their home for non payment while they are oblivious to the fact the assessment is not being paid by the guardian as it should be.
Would this type of collection practice...
Never asking the question WHY...
...make an HOA board, at least morally, complicit to this wrong doing? -
Rana,
Your dedication to the Guardianship cause is second to none.
How do individuals get in touch with the Elder Hub if they would like to assist your efforts?
Count Anthem Opinions "in" as a volunteer. -
From Rana Goodman of Anthem Today...to...Anthem Opinions
Volunteers can contact me either on my Vegas Voice email - Rana0527@aol.com
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The web site is:
- Interested volunteers can learn more of "our mission" by checking the site.
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From Robert Nusser...to...Anthem Opinions
I agree with Mr. Mayfield's statement:
"What is needed is a good law firm with the resources to handle the business issues of the HOA, an independence from the current corrupt, insider regulatory system, and a relationship in which it reports to the Board and not the GM."
However, what we also need are Board members with the testicular fortitude to make common sense decisions, AND stand by their decisions without hiding behind the HOA Attorney (at who knows how much $ per hour). -
From Bill Kuncewicki...to...Anthem Opinions
Good morning my fellow Americans.
I am proud to fly the flag of my adopted country with pride.
My parents came to this country after suffering the hatred and killing of my people. All their rights of a people were brutally taken away.
Now here in a place that I live in my rights to fly a flag other than the “grand old flag” are in jeopardy. REALLY?
We are a diverse community.
Who is going to tell all the Veterans that they are not able to fly the colors from the branch of the Armed Services they served for?
Who will tell the resident that was the first in their family to go college that this pride of flying the flag of that college is not acceptable?
Finally I pity the individual who knocks on the door or sends a letter to the couple in my neighborhood that have been here since day one and have served this community with heart and soul and tells them that “sorry, that cute flag that respects the changing of the season is not appropriate.”
There are so many more pressing issues that we of the elder generation face in our daily life, like being thankful that the day has given us their blessing for another day.
Thanks for opportunity to write my thoughts.
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Sun City Anthem Monthly 2018
Property Values
The "Devastating Effect" of a Community
Without a Restaurant
The "Devastating Effect" of a Community
Without a Restaurant
Homes Price Days on
August, 2018 34 $ 221.14 32.3
July, 2018 26 206.47 40.4
June, 2018 40 213.66 38.3
May, 2018 43 $ 209.86 39.6
April, 2018 39 $ 216.82 37.5
March, 2018 34 203.60 72.4
February, 2018 26 202.37 52.7
January, 2018 23 $ 204.60 88.1 How did Sun City Anthem survive without one?
This is the "Real Deal" !
As all of you can plainly see, property values have "skyrocketed" WITHOUT A RESTAURANT OF ANY KIND.
(source: Berkshire Hathaway)
Got a comment?
Send it to us at:
scaopinions@gmail.com
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As the saying goes: "Never let the facts get in the way of a good story"
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From RB...to...Anthem Opinions
In our experience, people move to SCA, not for an on-site restaurant (kind of like airport food – captive audience), but for the close proximity to 4 & 5 star venues that survive on outstanding world-class customer satisfaction, not home owner subsidies.
Those who are blind to this fact (the SCA BOD, Management, and a certain blogger looking for a comped meal) are delusional.
WE DO NOT NEED OR WANT ANOTHER BLEMISH AND/OR FINANCIAL DEBACLE ON OUR ALREADY TARNISHED REPUTATION.
JUST SAY NO !!!!!!!!!!!!!!!!!! - _____________________
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Why Even Considering Reelecting Any of the Sun City Anthem Incumbents is Insane
(Part Two of Two)
Yesterday we discussed the restaurant aspect of what I will refer to as...
INSANITY
Today, let's discuss another aspect of a similar form of...
INSANITY
We have another disaster in the making with a WARNING that if you fly a flag persons named Larry Griffith the head of the ARC committee, or some guy named James Arteaga, a Community Standards and ARC Committee member, find objectionable...
...you would be sanctioned and even possibly fined for doing so !
No more sports flags?
Have they forgotten that flying the Vegas Golden Knights team flag...
Do rational people on a committee actually sit in a room and dream things like this up...then present it to a Board for approval, who then approves it?
Have they forgotten that flying the Vegas Golden Knights team flag...
...represented a city's reaction to the catastrophe of October 1, 2017 when the words...
...were born one year ago ???
Who comes up with this insanity and who in their right mind would approve of this stupidity?
And then they wonder why others won't volunteer for various committees !!!
Who in the world would want to be a part of that...
Who believes that an association must PAY individuals to scout the entire community on a quarterly basis...all 7,144 homes...to check if you have the correct number of trees or shrubs in your home?
Who in the world would want to be a part of that...
INSANITY
Who believes that an association must PAY individuals to scout the entire community on a quarterly basis...all 7,144 homes...to check if you have the correct number of trees or shrubs in your home?
We all know that their "excuse" will be "enforcing the CCRs", but some "rules" are without common sense, and this is certainly one of them.
As one resident pointed out at the respective meeting...
Should a severe Las Vegas water crisis take a back seat to having the right number of trees in the front of a home as a result of archaic CCRs passed years ago when such an issue was not as evident as it it today?
Finally, who would allow a General Manger to even come up with what can only be referred to as these ridiculous rules?
As one resident pointed out at the respective meeting...
Should a severe Las Vegas water crisis take a back seat to having the right number of trees in the front of a home as a result of archaic CCRs passed years ago when such an issue was not as evident as it it today?
Finally, who would allow a General Manger to even come up with what can only be referred to as these ridiculous rules?
Have any of you ever read the book "Animal Farm?"
Many of us included that famous novel on a "required reading list" during our prior formal educations.
If not, I suggest you do, because it provides a description of "control freaks" who desire to alter the character of a society where THEIR RULES must be YOURS....
...and...
... the laxity of a community experienced dire consequences as a result.
Here's a brief summary:
Here's a brief summary:
The only way to RECOVER sanity is to make sure these individuals no longer control the "farm".
Send it to us at...
scaopinions@gmail.com
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From Samuel Novotny to Anthem Opinions
The insanity of checking our yards has been with us for years, but usually the inspections were only done when someone complained to the landscaping committee. Usually a neighbor. I removed two front yard trees in December of 2014 because they died and someone complained to the landscaping committee and a inspector came out and took pictures of the yard and I got a letter giving me 30 days to put up two trees. I am pretty sure I know the person that did the complaining. I checked a number of neighborhoods and found a number of homes that did not have two trees up front, but unless someone complained, the landscaping committee did not go out and look for violations.
Anyway, I contacted the committee for a delay in installing the trees until spring and was given a time for a hearing. Unfortunately, my gardener misunderstood and installed two trees that I had selected to install in the spring. I went to the meeting to discuss the policies, but met the chairperson whose name I do not remember in the parking lot and he told me that since I had already installed the trees, the meeting was not necessary. This was the third set of trees I put into my front yard in 12 years. I wanted to discuss the insane policy of having two trees in the front and one in the back, but was told to get another appointment.
Some of you longtime residents might remember the fiasco of the lady that had to remove a heavy bench from her back yard because of the dispute on what it was? Something everyone should think about. The requirements for the trees and other landscaping requirements were established by Del Webb and Pulte and passed on as the law unto our association. Some trees are as big as houses and hang over the streets. Others shed leaves into their neighbors yards and guess who has to pay for cleaning them up. I always wondered whether the relationship between builders and landscapers in Clark county was an incestuous relationship. I agree that we need some standards of landscaping, or we would have religious and other icons all over the place, but trees use a lot more water than bushes and flowers. Maybe it’s time we looked at changing the requirements. -
From Valerie Lapin...to...Anthem Opinions
This is the BEST blog!
You are so right, we do live in an Animal Farm!
Time to do some "gleaning" to restore sanity! -
From Chuck Anaya...to...Anthem Opinions
It will interesting to see how many of the people responding via your blog are willing to step up and make the commitment to improve our community.
With their obvious qualifications the election should have a multitude of qualified candidates that the residents can oose from.
Voters should have a difficult time choosing the best of the best.
10-15 candidates minimum should be easily possible.
Maybe more. -
Chuck, we shall see !
10 to 15 would be amazing and I believe the community would more than welcome such a number, but all it takes is electing 4 reformers and the likes of this board will be history.
One thing for sure, any of the incumbents must not be reelected...unless you want more of...
1. the unethical manner in which the Removal election was handled.
2. the ridiculous income paid the General Manager through the Darcy Spears Channel 13 report.
3. the unjustified high incomes of certain members of senior management.
4. the association attorney's condoning all of these acts.
5. improper vetting of the restaurant issue along with the "freebie giveaways" they were willing to sell a community down the drain...not counting the possibility and likely , probability of REOPENING THE SAME ISSUE OFFERING THE SAME FREEBIES TO ANY ORGANIZATION.
6. the manner in which all of our homes will be "cased" on a quarterly basis by PAID EMPLOYEES for the correct number of trees and bushes.
Only a fool would want more of the same.
It was obvious that when all of them ran, their WORDS in no way was any indication of their subsequent ACTIONS.
This bunch has redefined the words SELFISH, INCOMPETENT and UNTRUSTWORTHY.
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Why Even Considering Reelecting Any of the Sun City Anthem Incumbents is Insane
(Part One of Two)
(Part One of Two)
It may seem a bit early to even mention the spring, 2019 Sun City Anthem Board election, but as each day passes, the need to "start over" becomes more and more evident.
We have no idea as to whether or not any of the incumbents will seek reelection at this time, but even considering them to continue in such positions, is simply...
INSANE
What more is it going to take for a community to realize that the likes of a Rex Weddle, Arthur Lindburg, Aletta Waterhouse, Forrest Quinn, or Patricia Carroll will accomplish nothing more than accepting the insanity of the past, and looking at their decisions as the NORM for a community in its future?
Unfortunately, we're stuck with Candace Karrow and James Coleman for another year....both of which have proven themselves to be every part of the...
INSANITY
...as per their "machine" voting records.
Who out there could even possibly look at the way the previous Recall election was handled in an honest and ethical manner?
Who out there would even consider throwing $250,000+ per year down a drain for a restaurant?
Yes, Waterhouse and Quinn questioned the financials of the past fiasco, but prior to private blogs exposing the terms of the lease agreement, they were "in" on its acceptance...at YOUR EXPENSE.
Their reasons for voting not to accept the deal had NOTHING TO DO WITH THE GIVEAWAY...
... it centered around the financials of the restaurant.
Like the others, had the financials "passed muster", we would have had a restaurant that would have cost the homeowners of Sun City Anthem homeowners thousands of dollars over the years.
Don't allow this one act to forgive the destruction both have supported again and again...as per their "machine" voting records...that have been lock step with those previously mentioned.
Who out there believes that our General Manager (who is compensated OVER $100,000 PER YEAR MORE THAN ANY PERSON IN A SIMILAR POSITION in the state of Nevada), did a great job in vetting that restaurant deal?
And they haven't given up yet on that freebie either.
If you reelect them, they will do it all over again WITHOUT YOUR ABILITY TO VOTE ON SUCH A VITAL FINANCIAL MATTER.
A suggestion has actually been made that IF this insane group of "know-nothings" would have offered FREEBIES TO ANYONE, Sun City Anthem would have been inundated with prospective tenants !
Really ?
Are these the latest "words of wisdom" in order to "sell" this nonsense all over again ????
Is this group so desperate that they will INSULT the INTELLIGENCE of a community by even suggesting such an inept idea...AGAIN?
...that only the name of the tenant would change, not the FREEBIE ?
Note...
NONE EVEN HAD THE COMMON COURTESY TO APOLOGIZE FOR IMPROPERLY VETTING the last prospective tenant, did they?
This arrogant bunch likely would have created the greatest financial catastrophe in the history of Sun City Anthem...
... had it not been for CONCERNED AND TRUTHFUL independent blogs through their hours of research, REVEALING the truth contained in the many LEASE PROVISION GIVEAWAYS NONE OF ANY OF THEM FELT COMPELLED TO EVER PUBLICLY DISCLOSE...
...while instead carefully burying them within hundreds of pages in a Board Book rarely read by most owners.
A word of advice !
And, as was the case in the vetting...
NONE will even acknowledge that purposeful action, much less apologize for it !
Is that anyone's idea of financial responsibility?
The very idea of again offering such "freebies" to any party is simply....
INSANE
INSANITY
Tomorrow we'll examine two other issues that border on even greater...
Got a comment?
Send it to us at...
scaopinions@gmail.com
_____________________________
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From Valerie Lapin...to...Anthem Opinions
Or has it only ceased to be considered for NOW?
Does anyone really trust the Board and the General Manager, or has it been only postponed till some future time when the machine again tries to get it passed?
How many people trust a Board and manager who "speak with forked tongue" and try to again force the issue of a restaurant for their benefit and not that of the resident?
Does anyone else wonder about that?
Read between the lines. So much has gone on that has been secret.
When that occurs, how can we trust their motives/decisions?
How stupid do they think we are?
We need positive change all around, and hopefully we can elect a Board for the people and not just for themselves. -
Valerie,
If history repeats, there is no doubt that another attempt will be made.
Why would any of them change?
We all know how they made an attempt to "slip" the last one in, so why would any person in their right mind believe they would do anything other than that?
The trust factor is all but gone with this group, and it's now a matter of how much additional damage they will do before the next Board election in the spring.
A new Board minus these individuals is the only hope for change in any way.
Former Board Member Statements Made in 2016 Should Have Been Embraced....Not Rebuked
Now that the Sun City Anthem Restaurant "sell-out" has been terminated...
...at least for the time being (so we've been told)...
...we searched our files and found an interesting article that WARNED of the restaurant fiasco a couple of years ago.
Looking back, perhaps this individual, who was all too often ignored by his fellow board members, should have been listened to after all !
Think of the amount of association funds that could have been saved, had his words been heeded !
As many of you know who have been members of the Sun City Anthem community, for a number of years, Jim Mayfield, was a two term member of the Sun City Anthem Board of Directors and former Chairman of the community Finance Committee.
Originally elected in 2013, he was reelected in 2015 receiving the highest vote total of any candidate in that year.
When nominated for the Association Presidency in 2016, current Board Members Forrest Quinn (who became the Association Treasurer), and Aletta Waterhouse (who became the Association Secretary), instead chose Rex Weddle to lead our community.
...and in return, Rex Weddle would vote for both Waterhouse & Quinn to fill those Treasurer and Secretary positions.
Coincidence ?
I think not !
What was more than obvious ?
"Machine politics" at its best !
And the result of those choices?
A tainted Recall election, and a restaurant fiasco would then commence.
Think about those choices if any of these individuals choose to run for reelection.
In 2017, Mayfield chose not to run for a third term; however, his verbal presence has never left the Sun City Anthem community along with a continued concern...contributing heavily to the Darcy Spears "Hall of Shame Report".
Sara's health (his wife) was a major contributing factor in his decision not to continue his "official" community service, and all of us wish Sara's recovery to continue.
We went into the "vault" to see a dissertation he composed 2 years ago about the viability of a Sun City Anthem restaurant while still a member of the Sun City Anthem Board of Directors.
We thought we would share those comments with you.
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"I am receiving requests for my views concerning food service, including catering services, in SCA property. Let me start by saying that I have not formed an assessment on the issue. The key issues are complex and interrelated. But having observed the results, mostly bad, of food service operations for the last six years, I have formed assessments about the process that should be followed for the Board to make a decision about the future of food service operations at SCA.
The process shouldn't start from the assumption that a restaurant and catering operation is desired, on a realistic basis, by a majority of homeowners ("Members"). Instead, the process should begin with a professional, independently conducted, statistically valid, objective survey to determine what SCA Members will support, will be willing to subsidize and at what level of subsidy. No offense meant, but the process needs to start with a blank sheet of paper not a bunch of white papers.
Maintaining or losing the 1120H tax will affect the financial viability of a food service operation. The assumption that the 1120H qualification issue can be circumnavigated by offering a homeowners only operation creates risks.
First, I do not see sufficient market mass to support such an operation.
Even a bar & grill operation will need more customers (economic mass) than has been demonstrated will be available.
Trying to skirt the edge of the tax law by supporting non-homeowner events with guests and homeowner sponsored catering events could be challenged in a tax investigation.
Even a bar & grill operation will need more customers (economic mass) than has been demonstrated will be available.
Trying to skirt the edge of the tax law by supporting non-homeowner events with guests and homeowner sponsored catering events could be challenged in a tax investigation.
The loss of the 1120H status would cause the revenues to be taxed and dramatically affect the gross profit margin and amount of subsidy needed to operate the operation.
Gaming as the savior is full of legal complications and uncertainties. Using MacDonald Ranch as an example will ultimately disclose that MacDonald ranch had to donate its restaurant and all of its equipment to an outside party to maintain its limited food and bar service and implement gaming. If its operation ultimately fails, the risk to its homeowners will be expensive to correct.
The assumption that a limited bar & grill operation can be operated without substantial Member subsidization is unrealistic. The level of increase in homeowners assessments needs to be explored with an objective, detail, professional analysis of the financial requirements.
Increased payroll costs and management burden of an SCA managed operation will create both tangible and intangible costs that must be realistically determined. The SCA GM should be required to provide a straight forward, independent (free of Board or committees influence) assessment of the increased costs and demands for management of an in-house operation.
If food service is not continued at SCA, the high conversion costs and difficult Member approval process required to discontinue food service operations must be explored. The fight over what to do with a converted restaurant space will be ugly as I suspect consensus will be impossible.
I favor starting the exploration process. But, let the restaurant stay dark for as long as is needed to determine if Member demand has increased or if a restaurant, like a SCA owned and operated golf course, isn't really a need that most Members will support on a realistic basis.
In any event, the final step in the approval process should be a public review of a detail financial plan for the implementation of the decision and a detail business plan for the long-term costs of the decision.
In any event, the final step in the approval process should be a public review of a detail financial plan for the implementation of the decision and a detail business plan for the long-term costs of the decision.
Another restaurant failure is not a option.
SCA contains 7,144 units and serves over 12,000 residents.
The support of the majority of the community for retaining or discontinuing food service operation will be critical. Therefore, a decision made by a small number of active people is too risky."
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How about your thoughts on Mr. Mayfield's "prophetic" comments on which he has been criticized by a "Machine" again and again?
Is it time we brought him back as a member of the Sun City Anthem Board?
Send your comments to:
scaopinions@gmail.com
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From Valerie Lapin...to...Anthem Opinions
The intelligent, capable candidates that were defeated from serving on the Board because of the other blogger and his cronies hopefully can be convinced to run again.
We need people like Jim Mayfield, Rana Goodman, Barry Goldstein, Forrest Fetherolf, Tim Stebbins, and Nona Tobin.
What a perfect group of individuals that could change the dysfunctional atmosphere that has plagued us for years because of the other blogger. -
Varerie,
The "official" and "unofficial" community service of each of these individuals alone would make them ideal "clean-up" candidates.
But...we also have others as well, that have expressed interest, and that is GOOD.
2019 could prove a pivotal year in the manner by which our community is governed...and...managed.
It would be refreshing to see a new group that would embrace the will of the people, rather than the personal agendas of what we have now.
We can only hope !
G2G
is
OUT
OUT
Normally we do not publish on weekends for one reason.
We get tired, and need a break to enjoy the fun of retirement.
However, something took place on Friday, September 21, 2018 that necessitated us to bring this to the attention of our readers.
If you haven't already been made aware of the news....
...as of today, per the "official" Sun City Anthem eblast system...this bit of news was just published for members of the Sun City Anthem community.
Dear Resident,
The potential restaurant tenant G2G and Sun City Anthem have not been able to come to an agreement and negotiations have ended effective immediately. The Board President will briefly report on this during her President’s Report at the September 27, 2018 Board Meeting. The Board intends to take some time to formulate a plan moving forward.
Sun City Anthem Restaurant Group
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This news brings joy to those whose concern for fiscal responsibility realized that the initial lease provisions originally found to be acceptable, would have had a substantially negative impact on the financial well-being of the Sun City Anthem community.
Other than this senseless insanity not prevailing, likely due to the mass outcry of the community ONCE THE INITIAL LEASE TERMS WERE DISCLOSED BY PRIVATE BLOGS...
..while being carefully hidden within a Board Book's extensive rhetoric...
...one must never forget that THIS RIDICULOUS PROPOSAL was originally found to be acceptable with 5 individuals on the Sun City Anthem Board of Directors originally voting to APPROVE IT.
Candace Karrow
Sun City Anthem President
Rex Weddle
Sun City Anthem Vice President
Directors
Arthur Lindberg
Arthur Lindberg
James Coleman
Patricia Carrell
This must never be forgotten by any member of the Sun City Anthem community...especially if any of these individuals choose to run for reelection next Spring.
These five individuals were willing to "sell" Sun City Anthem down a river.
As to why the agreement was terminated, that is IRRELEVANT, what is RELEVANT is that these people originally voted to accept it...
...without a proper vetting system...
...vetting that that should have been provided by a $278,500 per year General Manager.
...vetting that that should have been provided by a $278,500 per year General Manager.
In our opinion this confirms our belief that the above individuals have shown their inability to lead and must be replaced with competence.
Is there any positive aspect of this experience other than the "death" of this restaurant fiasco?
Yes indeed.
It caused a large number of homeowners to take a closer look at the governance of a community...
...something all too often ignored by so many...
...those who merely ask a neighbor "What do you think"? or worse, taking the word of a certain blogger who has mirrored the voices and actions of incompetence for years.
Our job has now just begun, and that job must now concentrate on replacing that incompetence.
Now that we have recognized those whose actions could very easily have caused our wonderful community such grief and unnecessary expense, we urge any of you who wish to start a...
"New Tradition"
...to step forward, give of yourself without a selfish or political motive, and create the positive change that will allow all of us a secure and fun-filled retirement.
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Got a comment?
Send it to us at:
scaopinions@gmail.com
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From Forrest Fetherolf (Mr. Fix-It)...to...Anthem Opinions
Now that the restaurant agreement in no longer, so should the sewer line replacement for the restaurant area.
As I understand, the plumbing included about 3000 feet of mainline sewer and 2000 feet of laterals including 20 grease traps for the kitchen area.
The plumbing should not continue until such time as the Association decides to have a restaurant or repurpose that space with additional multi purpose rooms.
The majority of the cost would be replumbing the kitchen area drains and sewer lines.
No restaurant money would be wasted simply because the
multi- purpose rooms would not need plumbing.
At this time there is no need to continue the underground plumbing...it is working.
I think the plumbing was a rush job to open the restaurant this year.
Hopefully Management have given this some thought and will wait until a decision is made as to how that space will be utilized. -
So...once again the restaurant deal is "dead"? Hmmm..where have I heard that one before?? Just as the Board MUST use diligence in exercising their fiduciary responsibilities, the Residents MUST use vigilance to assure this absurd waste of our HOA fees never again rears its ugly head.
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From Rana Goodman...to...Anthem Opinions
Please encourage those who were planning on attending the 9/27 meeting to still go..
Let’s try to make sure it is really a done deal by the volume of attendees. -
Good idea, Rana, and if and when they go, I hope those who choose to speak, will let it be known this Board's previous actions and incompetent attempts to sell Sun City Anthem down a financial drain, was the ultimate insult to a community who they asked to trust them with their financial well-being !
They should be ashamed of themselves to have allowed this entire matter to last as long as it did.
I wonder how much this stupidity cost us in legal fees?
I wonder why a General Manager didn't properly vet the matter...something that took an hour to find free of charge by simply googling the parties?
It's inexcusable.
Finally, I wonder if and how they will chastise the GM for the negligence that could have cost SCA homeowners in excess of $250,000 each and every year?
Or...WAS SHE TOLD BY ANY MEMBER OF THE BOARD NOT TO VET any further?
This is a time to look at the culprits and say:
"I'm mad as hell, and I'm not going to take it anymore"
Excuse time is OVER.
ACCOUNTABILITY must now prevail. -
From Bill Kuncewicki...to...Anthem Opinions
After reading one complaint after another about how bad the BOD are in our community, it amazes me to no end that I see no one standing up and be willing to run for the Board and start putting all these complaints to rest.
It is our right to express our opinions with the written words, but useless unless we find people who can do this unforgiving job.
Those of you that have hammered the Board and management should be first in line when the elections come around.
Not to say that I do not agree with all that has been presented, I do.
If change is needed, then who will be the resident that stands up first for the community?
Voice our opinions only goes so far.
Apathy by the majority of this community speaks louder than words. Who are we willing to rally for to get the words of dissenting minority’s rolling? -
Bill, your concerns are well documented and believe me, they WILL BE addressed in the Spring.
Many people won't consider running for office because those members of "The Machine" make life difficult on them if they run and especially if they get elected.
That was always the case because being in a minority position, they were cast aside as garbage who were "rocking the boat"...their self-serving incompetent boat.
Bob Frank and Nona Tobin are perfect examples of individuals who did their best "to make a difference", but were shunned by the dirtiest of tactics by both existing Board members and their "Machine" associates who had to maintain their stranglehold, along with a blogger whose poison pen did anything, without conscience, to not only defeat them, but destroy their character as well.
How can that be changed?
We have 5 seats open in the next election, and we need to elect 4 of them in order to control the "machine" and make the necessary changes to clean up the mess.
At first glance, that might seem improbable...
However, due to:
1. This restaurant issue provisions what would have had a horrible effect on SCA.
2. Naming an individual to a Board position who received 40%+ of the removal votes and who eventually lost in the regular election.
3. Appointing a 2nd individual to the Board who made every attempt to influence members of the community by sending emails to individuals...making sure she made mention of the fact that she was a member of the Lifestyle Committee... recommending they send emails to their members to vote against the Removal...who also, voted approval of the restaurant lease.
4. The elblast sent by the current Association Treasurer which was clearly designed to have individuals vote against the candidates for removal.
5. A "fill in president", who after 2 months, decided to resign after he initially told many he had no desire to run for reelection, the same person it was proven that he should have been added to the Removal ballot.
6. The disgusting unethical manner in which the Removal election ballots were handled with no acknowledgment that they were official Sun City Anthem Business.
7. An association attorney whose billings are well about those that were budgeted.
and...
8. A General Manager who became the subject of an HOA Hall of Shame broadcast on Channel 13,
...The times they are a changin'.
People are now beginning to come forward in contacting various individuals regarding running in the 2019 election...
...and the qualifications they possess, I PROMISE, are those that will MAKE A DIFFERENCE.
All have relevant experience in matters that would ensure the financial stability of our community.
But to accomplish that goal means we must support them in any number of ways.
Now my question to you and all our readers?
Will you assist us in talking to neighbors, placing a sign in your front lawn, even taking an hour of your time to walk down your street and pass out leaflets that will be prepared?
This will also have some costs. Would you or any of our readers donate $10, $25 to make it happen?
Most people are unaware that a candidate can spend between $700-$1,000 of personal funds to run a campaign. As a result, any contribution, no matter how small, can assist them.
Better yet, let us know if you may know a person (including yourself) who would like to be a candidate in the election?
As my article stated, we need all the assistance we can get in establishing...
A NEW TRADITION. -
From Angelina & Tony Orzada...to...Anthem Opinions
Congratulations Dick,
Thanks you for sticking to your guns!
Also thanks to the many other residents who have responded to your publication by voicing their agreement with your position.
Rana and Barry,come to mind but there were many, many more that I read commenting on the sad state of affairs of the Board of Directors, the overpaid & underworked general manager sandy$$$$$,& last but not least, the unpardonable action to ram thru yet another restaurant ! ! !
Your comments today asking us the retired residents to step up was right on !
We need now more than ever a Bob Frank, Nola, & others with their attitude to run for the Board to replace the
incompetents !
Great Job DICK FOR PROVIDING THE LEADERSHIP & FORUM THAT YOU DO! -
From Dorothy Yu...to...Anthem Opinions
Hi, Dick, I just read today's Anthem Opinions and the following was my reaction:
Wow, thanks, what a pleasant surprise!
We welcome this decision and know how hard you have worked keeping facts and presenting to the residents of this community not only about this particular issue, but many other issues we are facing here at Sun City Anthem. -
Dorothy, there are so many out there who assist me on a regular basis. They deserve the thanks more so than I do.
Dedicated individuals such as Rana Goodman, Barry Goldstein, Tim Stebbins, Jim Mayfield, Favil West, Forrest Fetherolf, and another special lady who for now will remain anonymous whom I hope strongly consider running for the Board next Spring, just to name a few, care so much for others in the community.
It's "the people" who matter. None of us should ever forget that ! -
From Chuck Anaya...to...Anthem Opinions
Luckily I have stuck to my ideals and beliefs that I learned as a young man and continue to believe in today that “You are innocent until proven guilty”.
I am sure many residents feel the same way otherwise our community is headed in the wrong direction. -
Chuck,
Luckily there are individuals in our community who looked at the lease provisions for what they were and realized that a community would be harmed if that ridiculous deal went forward.
OJ was innocent too, right?
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Email Correspondence Proves
Sun City Anthem President
Merely Looking for Reasons to Approve
Restaurant Lease...
Any Adverse Affect on Community a
Non-Issue
Anthem Opinions was able to obtain copies of emails sent between Candace Karrow, the Sun City Anthem President, and two residents.
We have those emails and we suggest that you read them carefully.
Karrow quotes a section of the Sun City Anthem CCRs that claims we MUST HAVE A RESTAURANT; however, Goodman clearly points to an alternative section of the same CCRs that conflicts with the Karrow interpretation.
In other words, depending on which section of the CCRs you wish to follow, the decision will be made...
...and...
...if a vote of the residents had been taken as to a choice of a restaurant or repurpose, the matter could have been settled AS PER THE CCRs.
With that in mind...
The Sun City Anthem Board has now been made fully aware of the potential problems with those involved with the proposed restaurant as a result of inadequate vetting, yet despite those "red flags", continues to pursue the agreement with said organization.
It has also met with substantial opposition to tenants as a result of the proposed lease agreement provisions that were disclosed by private blogs, while carefully being hidden in the Sun City Anthem Board book after reading over 350 pages to discover them.
And..we have learned that at the September 27, 2018 Board meeting, the Sun City Anthem Board will vote on the matter...and...based on Karrow's email, will likely PASS THIS RESTAURANT LEASE AGREEMENT...
..without allowing the community to see its actual contents.
In other words, we have an "out" to this terrible agreement, yet the Sun City Anthem Board will refuse to take it...
...and that act...in our opinion...
...when all the substantial losses are tabulated each and every succeeding year, proves that entering into such a tainted arrangement not only is a clear violation of fiduciary responsibility, but must make each and every one of the Sun City Board members responsible for those losses...
...that this action can only be construed as "selling out our community", and must not be allowed to continue any future Board position should ANY OF THEM RUN FOR REELECTION.
...when all the substantial losses are tabulated each and every succeeding year, proves that entering into such a tainted arrangement not only is a clear violation of fiduciary responsibility, but must make each and every one of the Sun City Board members responsible for those losses...
...that this action can only be construed as "selling out our community", and must not be allowed to continue any future Board position should ANY OF THEM RUN FOR REELECTION.
Now to the email correspondence:
September 16, 2018
To Candace Karrow, President of Sun City Anthem
Candace,
Why is a restaurant even considered when most owners don’t want one, won’t use it and have to pay dearly for something the Manager and Board are shoving down our throat.?
We don’t want or need a restaurant that is going to cost us a lot of money and a lot of problems just like the other five that we have had.
Valerie Lapin / Sun City Anthem Resident
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September 17, 2018
To: Rana Goodman & Valerie Lapin
Ladies
Our process for re-establishing a restaurant at Anthem Center has been a long and arduous one. Before I get into a timeline, I need to explain the parameters that we are working within.
There were two options to consider: remain as a restaurant or repurpose the space for other uses. If the space remained as a restaurant there were no legal hurdles to surmount. If we wanted to repurpose the space, a membership vote would be necessary and approval from 50% +1 vote or 3,573 members would be needed to pass the amendment to the SCA CC&Rs (Section 7.9). This is not 50% of the votes cast, it is 3,573 votes in the affirmative. If you have followed the voting history of our community then you would recognize that this is basically an insurmountable number of votes. A normal vote for the Board of Directors is about 30-40% of ballots returned. Last year we received 3,003 ballots back from our mailing.
Having said all that, Pulte/Del Webb marketed our property with a restaurant available to the members. It is a Board obligation to try to operate a restaurant (CC&Rs Section 7.2(b)). By purchasing a home in SCA and agreeing to the SCA CC&Rs and other governing documents at that time, each and every member agreed to have a restaurant, pool, tennis courts, etc.
7.2
Maintenance of Area of Common Responsibility
(b) Continuous Operation
The association shall maintain the facilities and equipment within the Area of Common Responsibility in continuous operation, except for any periods necessary, as determined in the sole discretion of the Board, to perform maintenance and repairs unless representing 75% of the votes in the Association and Declarant, for so long as it owns any property described in Exhibits “A” or “B” agree in writing to discontinue such operation.
Except as provided above, the Area of Common Responsibility shall not be reduced by amendment of this declaration as long as declarant owns any property described in Exhibits “A” and “B” of this Declaraton.
In October through December of last year several workshops were held so that the community could provide feedback. These workshops included not only the restaurant option but also the repurposing option. I can’t tell you the number of people that were at these events, but some workshops were at overflow capacity. The majority of those attending were in favor of a restaurant.
In December SCA sent out a Request for Proposal for restaurant consultants. We received one response which was of questionable value and at a cost that was too great.
In January SCA sent out a Request for Proposal to 9 possible restaurant bidders. In February we received three responses. One was a small company with little or no catering experience. One was Village Pub and they want 24/7 operations, gambling and smoking. And one was G2G that was a $70 million business willing to work with us on terms.
On February 26 another workshop was held and again both alternatives, a restaurant or repurposing the space was presented. Once again those that showed up were in favor of the restaurant even if a subsidy was needed. If those people not agreeing with that decision were there, they did not speak up.
On March 22 the BOD voted on the parameters to be allowed in the restaurant. Among those parameters were: open to the general public, no smoking, exclusive catering for SCA events, operating hours and to allow gambling.
On April 26 a Restaurant Team was appointed and they were to report back to the Board with recommendations.
As far as subsidizing the restaurant, this type of agreement is not unheard of in HOA retirement communities. In fact, Pulte/Del Webb was subsidizing Trumpets over $300,000 in 2001 (per the 2001 Audit Report from our independent CPA firm). Summerlin lost more than $200,000 in its Food and Beverage operations last year. A restaurant is an amenity just like the tennis courts, swimming pools, pickleball courts, pool tables and fitness center. We all bought into a lifestyle when we decided to purchase in this community. Our $10 million budget each year is a subsidy for that lifestyle and the amenities it includes.
We have published all the costs in several Board Books over the last year. It is also in the latest Board Book on the website. It is Exhibit #3 right after the Terms and Conditions document. We have tried to make this process as transparent as possible.
Candace Karrow / SCA Board of Directors President
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September 17, 2018
To Candace Karrow / President of Sun City Anthem
Dear Candace:
One more thing I forgot to point out to you that must have been overlooked by the board.
There is also a section of CC&Rs 7.9 That states notice of the re-purpose of the space is sent to all residents.
“If within 30 days of the notice less than 10% of the owners (714 or less) object in writing to the change, the change of use is considered approved.”
If 715 owners or more so object, then the matter goes before the entire community and the majority approval of the change is required.
Seems like a "no brainer" to send out a vote or not, to me; what say you and your fellow board members?
Rana Goodman / Sun City Anthem Resident
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There has been no response to Goodman of this last email to Karrow.
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We want to thank Valerie Lapin and Rana Goodman for the correspondence both sent to the Sun City Anthem President.
Now, it's your turn.
Which version of the CCRs demonstrates proper fiduciary responsibility?
The Karrow or the Goodman version?
Do you believe the Sun City Anthem Board purposely avoided a community vote to avoid the CCR statute cited by Rana Goodman?
Do you believe the Sun City Anthem Board purposely avoided a community vote to avoid the CCR statute cited by Rana Goodman?
Send you comments to:
scaopinions@gmail.com
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With Permission from Rana Goodman of Anthem Today, this is an email sent t her subscribers:
if you want to be heard on this:
Meeting 9/27 5:30pm
There is a SCA Board meeting Sept. 27th at 5:30 pm in the Delaware Room. This matter will be voted on at that time...
PLEASE SHARE THIS WITH NEIGHBORS YOU THINK CARE!
An Open Letter To Residents of Sun City Anthem
Over the past few months, Sun City Anthem residents have uncovered various problems concerning the proposed new terms toward a restaurant lease. We want to make sure that all SCA residents are aware of its (so far known) proposal and to advise all of the complete failure of our Board of Directors to do even the simplest of “vetting” over the proposed vendor, G2G, the proposed tenant
Under the information that has been provided, did you know that:
Among many other items (4 pages),
1. the association is to pay $250,000 per year,
2. all utilities,
3.exclusive catering for all clubs using the facilities,
4.provide 6 large screen TVs
5.provide NFL package
6. gaming ok
7 $34,000 entertainment allowance
NRS 116.31037 Indemnification and defense of member of executive board.
If a member of an executive board is named as a respondent or sued for liability for actions undertaken in his or her role as a member of the board, the association shall indemnify the member for his or her losses or claims, and undertake all costs of defense, unless it is proven that the member acted with willful or wanton misfeasance or with gross negligence. After such proof, the association is no longer liable for the cost of defense and may recover costs already expended from the member of the executive board who so acted.
Did you know that the Board made this tentative agreement WITHOUT obtaining ANY financials from G2G and that it took residents just a few minutes to discover the following?
1. Bankruptcies filed by G2G owner VINCE EUPIERRE
2. businesses listed and closed by representative Frank Tutera (SCA resident/non-owner)
We call on the Board to abide by its “fiduciary responsibilities” in determining what is in the best interests of SCA residents and considering the numerous failures of the previous 5 restaurants and the substantial cost that the Association has lost over the years, we ask for:
1: FULL DISCLOSURE of the lease proposal items
2. A RESIDENTIAL BALLOT mailed to all residents so that the majority of residents can determine what “we want”
3: THE RESULTS PUBLISHED IN THE SPIRIT FOR ALL TO READ
We now put on notice to the Board that homeowners can institute civil litigation against the Association and the Board members individually for breach of their fiduciary responsibility and pursuant to Nevada law for acting with willful or wanton misfeasance or with gross negligence in not acting with the best interests of the Association.
SCA acting president, Rex Weddle stated at the August 2018 board meeting, (paraphrasing) “about 150 residents stated they want a restaurant, we are giving them a restaurant.”
Under these circumstances, do YOU want this restaurant?
If under the present circumstances, if you do not, let the Board know.
We urge all 7,144 home owners to contact the SCA board President Candace Karrow, by e-mail, Candace.Karrow@scacai.com by 09-24-2018.
Please copy: SCAadvocate@yahoo.com -
From Patsy McCarthy...to...Anthem Opinions
Please print this email that I sent to each member of the Sun City Anthem Board:
I understand there will be a vote on September 27th regarding the proposed restaurant.
As a 16 year resident of SCA I am appalled at the lack of vetting on the proposed restaurant operator. I keep hearing that a restaurant is an “amenity” and that we are required to have one. Del Webb set the restaurant up as a selling tool for the 7100 homes they were building at the time. I, and many of my friends, do not consider this an amenity but a wish from a small group of residents. I cannot see how you can rationalize that a group of 100-200 residents can dictate what the other approximately 14,000 residents want.
The terms of this proposed lease are absurd. The tenant is receiving everything free to run a private enterprise that SCA will never see a penny of profit from. I resent my hardworking lifetime paying for something that is not needed or wanted. I am sure that most of us who live in SCA live on a restricted income no matter how large or small and it is insulting that you and the BOD want to spend OUR money on such a useless enterprise.
Any such proposed lease should be presented to all homeowners for a vote before anything is signed.
As a personal observation, I was at a restaurant Saturday night. They had a number of large screen televisions all turned on to football games. The screaming and noise in the restaurant was unbearable and took out the enjoyment of the meal. This kind of noise would spill out into the gallery disturbing all of the residents trying to enjoy the rest of Anthem Center. I don’t suppose the BOD has ever thought of this distraction.
I urge the SCA BOD to reconsider this expensive and ridiculous venture and listen to the majority of the residents who live here. -
From Tony Orzada...to...Anthem Opinions
Sound like the next BOD meeting should be loud.
Also Barry Goldstein has my vote if we clean house in the spring which I understand is your thought rather another recall now.
What has to happen to boot out the $$$ Sandy GM the sooner the better? -
Tony,
Unfortunately we'll have to "eat" it FOR NOW.
I can assure you that she will be a key topic during the next election.
The potential individuals I have spoken to who are considering running for the Board seem to agree, that normalcy in SCA can only exist if she and a number of her other high priced management staff, as well as, the Association Attorney are no longer a part of our association. -
From Robert Lachford...to...Anthem Opinions
It is indeed shameful that our dues paying homeowners are being held hostage by a self serving group who feel that their membership in the HOA gives them the right blow our dues money to stick us with a tainted bill of goods, trying to steal usage of a prime area of our club house and free use of restaurant, to profit from, as well as, other abuses of our funds while receiving token opposition.
The HOA’s sole criteria of justifying their action is a brief discussion and possibly a show of hands at an open meeting that only a small percentage of homeowners attended (and possibly were aware of) supported their action.
We have a large community of people with diverse interests; many snow birds, many avid travelers, many with different interests and obligations who, for one reason or other, choose not to participate in various activities, which is a major factor why such a large portion of homeowners are, or until recently, became aware of this giveaway debacle the board insists on stuffing down our throats.
It is the right of residents to make their choices, making them easy prey to the way our board chooses to mishandle their money.
Since we have no official universally approved communication to members, spreading an important an issue as this issue is mainly by word of mouth.
True, the HOA has their electronic Eblast newsletter, which they seem to censor to promote and pat their backs, and the once a month magazine and the Anthem Opinions newsletter which is quite informative, but not universally subscribed to in spite of being free online.
The proposed lease is something an informed landlord would cringe at, with no chance of revenue for the HOA, only a loss of estimated $250,000 conservatively since it is open ended.
The tenant would be able to open up under their terms, with virtually no cash outlay, not even a security deposit for a little protection.
The tenant, the G2G group, with $70,000,000 in annual sales, owned largely by a Vince Eupierre, is largely a Denny’s owner/operator.
One significant point that should be noted is that G2G is a LLC (Limited Liability Company) rather than a corporation.
There may be various reasons why, but it is widely when a company’s assets are less than what creditors would like to see, and it is difficult for them to get credit, as a corporation offers little protection in the default dept.
A LLC provides a creditor a personal guarantee, which is valid depending in the asset ratio, and amount and type of debt already existing.
Could this be the reason board treasurer Forrest Quinn was refused financial info from G2G that he requested which id common procedure?
And why did 4 other board members approve the lease in spite of this?
Hmm.
This is a sick deal all the way around.
I would encourage all to attend the open HOA meeting presumable at the Delaware room at 5:30pm on 9/27 but please confirm and if not, invite your neighbors.
Not only the financial losses we face, but items like G2G having exclusive to all catering in the complex using our equipment free.
No more brought-in pizza to reward volunteers; no more caterers of choice for functions in rental halls; no picnic barbecues by outside vendors.
This lease, which would never been presented to anyone but a group of inexperienced retreads, affects everyone.
The HOA provides the self esteem; their attorneys offer the allowable limits; and we, the dues payers, supply the cash. -
From Peter Hudson... to... Anthem Opinions
And I quote,
(Having said all that, Pulte/Del Webb marketed our property with a restaurant available to the members. It is a Board obligation to try to operate a restaurant (CC&Rs Section 7.2(b)). By purchasing a home in SCA and agreeing to the SCA CC&Rs and other governing documents at that time, each and every member agreed to have a restaurant, pool, tennis courts, etc.
The key words in this paragraph is (to try), this doesn’t mean you should.
It also really bothers me when I hear from some responsible person say, " Well, at this and that community they spent/loss X amount of money to support their so called amenities/restaurant".
How can anyone sit there with a straight face and say such a thing and then in the next sentence say, well, "buck up skippy your next".
Personally, I don’t give a dam about some other community; and if I did, I would be living in there.
Doesn’t the fact that 5 other restaurants have failed here in the past carry some weight, as to holy crap what are we getting ourselves into again? I guess not!
Questions I have for the Board, since purchasing our home here in Sun City a little over a year ago and there wasn’t a restaurant on site at that time as there should of been per quote, Pulte/Del Webb, do I have the right to be exempt from any cost that might occur from such an amenity?
Should new homeowners from the end of that last fiscal year of the last restaurant closure have the right to vote in favor or against having another restaurant?
And, my last question to the Board per Pulte/Dell Webb, if we the members were to incur the expenses of having a restaurant on site, why in the world wouldn’t the first failed restaurant still be here?
I have been in a family business going on 75-years and if I had such a cash cow as this offer, you can bet your bottom dollar I’d still be here nursing off of it.
Thank you for asking my opinion. -
From Rana Goodman...to...Anthem Opinions
The section I quoted in the CC&Rs related to re-purposing the restaurant space and that might make people think it won’t apply to this situation.
In my opinion bu making the restaurant “an amenity” we are sponsoring, does in fact re-purpose it.
Del Webb built it and by leasing it out to Trumpets; they supplemented it because it was a tool to sell homes.
Our HOA is not in the business of selling homes, the individual owners might be at some time...
Therefore, how is this NOT re-purposing the space? -
From Robert Latchford...to...Anthem Opinions
This is an email sent to Candace Karrow, Sun City Anthem President.
Ms. Karrow,
As a homeowner here in SCA, I am writing in good conscience in opposition to the restaurant proposed in Anthem Center.
Our HOA,should consider all the present and possible future cash drains it would impose on our community.
The highlights (or low lights more appropriately) of the lease distributed, reflect poor judgement on those with a fiduciary obligation to act within the best interests of our homeowners.
Rather than rehash the fact that numerous points which provide absolutely no protection to us while giving away the ranch, though most of the board members thought they were acting in good faith, lack of experience and/or an over zealous attitude leave me wonder, along with many others I have spoken with, that other than Forrest Quinn, no one stepped forward to oppose the deal until the tenants provide solid financial data.
Five other board members seemed to feel that unimportant, which surely anyone with common sense and business knowledge would.
It takes little insight to see that the G2G company was willing to offer this deal because they would face virtually no cash outlay, other than a few permits and the like, while we would foot the bill for all others that would occur.
Even the liquor license they would hold is highly salable, their only cash outlay of value.
Looking into their background, their owner, Vince Eupierre, has a history of business failures, possibly bankruptcies, and other setbacks,
Holding the company as a LLC rather than a corporation, which would allow G2G little credit available, he could possibly be in a cash flow problem, and is trying to get our dues to compensate.
What could we do if after spending all the money on equipment, dishes, dinnerware, updating grease traps, etc. and paying his utilities, he simply defaulted after 4 months, 3 months, even 1 month, and closed the doors permanently?
The lease would be useless, as with the fact that with no security deposit, we would wind up with the middle of a bagel.
A lawsuit would be of little value, as with no rent payments, no loss of revenue could be claimed, and in their financial condition, no funds could be available to pay fines.
As the claim that it’s in the CC&Rs that we must have a restaurant is explained by homeowner Peter Hudson in the 9/20 Anthem Opinions, quoting that the Board has an obligation to TRY to provide such.
After 5 unsuccessful and costly tries, does that not mean it should be abandoned?
Besides, we have a restaurant, granted small and somewhat non conspicuous, the kiosk by the computer club.
Since that sells food items, they would pass muster for legal purposes, just like the $1 per year payment we would receive to validate G2G’s tenancy.
I hope the board brings there common sense to the 9/27 meeting.
The few homeowners for the restaurant seem to equate it to Trumpets, but change their minds when it is merely a diner type operation, only lacking breakfast and cocktail service.
Nothing to impress your friends with.
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A Close Examination of the Sun City Anthem
Board of Directors
"Real Deal" Article
Creative Accounting at its Best
by
Barry Goldstein
Former Member of the Sun City Anthem Finance Committee
Under the management company, if they were not doing their job adequately, why were they retained for so many years?
When board members were confronted with that question, they consistently responded:
"there was only one company capable of managing our community"
I know for a fact members of our computer club and homeowners who had distinguished careers in this field offered solutions to these issues...
... but were ignored by the board.
Does this mean that for years the SCA Board misled us when they consistently told us the association was in great financial condition?
I want to take issue specifically with their claim that financially we are in a solid position with reserves well funded (83%), compared to other self managed HOA's.
The decision to increase our dues in 2017 was used to replenish the reserve fund for money used to repair the Liberty Center.
Instead of a one time assessment, the increase means we will pay for the Liberty Center FOREVER!
Ask yourself, if we are in such great financial condition, why was the surplus not returned to homeowners either by refund or used as credit for future payment?
About the reserve fund claims, a few years ago we hired a well respected engineering firm to do our reserve study, doubling our cost from prior years.
Currently, do we use the numbers generated by the reserve specialist or the numbers from a separate study done by Forrest Quinn?
Don't get me wrong, I had great respect for Forrest when we worked on the finance committee together. Many times he challenged the numbers presented by the management company and the board, as to their accuracy.
The reserve company probably does many studies each year.
They monitor the cost of materials and labor used to repair and maintain many items.
They discovered we were responsible for 60% more walls and fences than previously reported, at an additional cost of $7 million over 30 years.
Forrest Quinn decided that the additional cost would occur 25 to 30 years in the future, so he back loaded the expense, rather than fund for the cost equally over the years.
The reserve specialist uses 3% for inflation, Forrest Quinn lowered his inflation estimate to 2%, with the result of having a significant effect on future cost estimates.
Currently inflation is running at a 2.7% annual rate.
He lowered the amount considered fully funded by $4 million.
We just don't know if the board is comparing apples to apples.
Now, yes we have the 8th ranked clubhouse, but as per a previous discovery, on July 31st, 55+ Best places revealed the top 55+ senior communities to live in.
Strangely, Sun City Anthem, NV was NOT in the top 55.
We were #1 in 2011!
Now we are out of the top 55.
Funny, Sun City Summerlin is number 14, and Sun City Mesquite and Sun City Anthem, Arizona are on the list.
Ask yourself, how can we have the 8th ranked clubhouses and not be on the top 55 list?
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Got a comment or question of Mr. Goldstein?
Send it to us at:
scaopinions@gmail.com
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So...maybe the dreaded restaurant has potential cooks - our Board appears to know how to cook the books very well....
But, alas, the trend continues because of the typical Resident's apathy...perhaps sometime when the quarterly dues are over $500 THEN there will be an outrage (??) -
From Marilyn Horween...to...Anthem Opinions
Crazy reasons for not being on list. -
From Valerie Lapin...to...Anthem Opinions
What have we got here at SCA?
What is wrong with this picture?
A manager that has outlived her usefulness and is paid too much money, brings in her friends, also at a high wage when a larger community, Sun City Summerlin pays their manager $160,000 a year versus $250,000 plus bonus. She is shoving a restaurant that we don't want or need down our throat. Why take a poll and still do what she wants? This will cost us a fortune, has an unsavory character at the helm, wasn't vetted and makes unrealistic financial demands that turn what once was a wonderful community to live in into a community that is being drained of their resources by a restaurant owner and Manager.. He is making unconscionable demands and threatens SCA's real estate values and creates a highly dysfunctional environment. And our Board is letting her get away with this.
We have a Board that is both unqualified and ignorant allowing a manager to have so much power and not demanding that the restaurant be vetted and doesn't realize or care that they are making unrealistic financial demands on the community. If the Manager has to answer to the Board then the Board is not doing their job!
They all have to go.
And finally we have a blogger, (an individual who also has a questionable background) that has somehow mesmerized the community with his advice of who to vote for to the Board, and we haven't had a decent Board since the builder left.
This individual has too much influence.
He has been responsible to have installed Boards that have been incompetent and made decisions that have gotten us to the place we are now.
The more competent candidates that ran for the Board were outnumbered because of him and by his advice.
New people that moved here have no idea of our history, and they do what he advises. The lawyers that were hired to represent SCA also are responsible for what is going on.
Too many secrets, no transparency. The result is inaccurate information and rumors because the Manager and the Board keep needed information from the owners. Decisions are made not in what is good for the owners but what is good for the Manager and the Board.
Knowing these things would you consider buying a home here? -
From Tony Orzanda...to...Anthem Opinions
Dick,
The above mentioned was very well done, & it is citing the same stuff that has been troubling many of us residents.
What is the NEXT STEP to move us out of this ugly situation ?
Will this be addressed & if so when ?
Do we start having to place signs in our neighborhoods?
Do we start calling for the resignation of the General Manager now ?
Do we start another recall of the board ?
Oother than bitch, bitch, bitch, what’s to do ?
Do we start withholding our HOA dues ?
Both you & Mr. Goldstein are very familiar with the problems, but I am puzzled as to the ACTION to be taken by the residents NOW. -
Tony,
So many questions, yet so much silence from a Board that may finally be getting the idea that THE RESTAURANT DEAL is not very popular, nor does it benefit Sun City Anthem in any way as it now stands.
Will that matter?
Knowing how they operate, the owners seem to take a back seat to their whims, constantly making excuse after excuse as to why a restaurant must be a part of the community, using terminology that states the CCRs require one.
In my opinion there's not a single person in the community who would spend personal funds to file any legal action to maintain a restaurant, and even it that did took place, in my opinion, no court in the world would force any person or entity to LOSE MONEY that would HARM A COMMUNITY.
All of that is a smoke screen.
Stop paying your dues?
NO, those guys will SELL YOUR HOUSE for 5 cents on the dollar as a result.
Another recall?
NO, we've seen their unethical tactics once,in addition to, having to deal with an Ombudsman who would never find for a resident in a million years, despite providing him positive proof of various allegations.
The only solution?
DUMP all of them if they choose to run for reelection in the spring with candidates that have the guts and INTEGRITY to stand by the wishes of the people.
They are out there and there is interest.
And, if honesty and integrity prevails, in my mind it would be all downhill from there with the following "clean-up" actions that would essentially give the community back to the people.
1.The GM gets an automatic SUBSTANTIAL PAY CUT...or she can leave. There is no discussion.
2. If she accepts the reduction, her powers are substantially curtained ALLOWING HER TO CALL THE ASSOCIATION ATTORNEY ONLY UPON AGREEMENT OF an Board Executive Session vote approval.
The days of any President "making the call without consent of the remaining Board members" would be OVER.
Currently there is way too much power given to a President and/or GM, causing great dissension among so many clubs.
3. If she leaves, her replacement must be vetted properly with a FULL and COMPREHENSIVE BACKGROUND CHECK along with any members of Senior Management chosen. The Board would have final approval of any such Senior Management appointments...BY EXECUTIVE SESSION VOTE, not by a mere President's OK.
4. The current Association Attorney agreement would be IMMEDIATELY TERMINATED. His actions have always indicated problems for a number of innocent residents, particularly Nona Tobin. The lack of credibility with owners has gone to a point where nothing could ever take place where he could restore owner respect and confidence.
The manner in which he sanctioned the Removal Election must never be forgotten, nor REPEATED.
5. Save $200,000 per year by eliminating a CFO for a non-profit organization with 68-80 employees.
6. If this ridiculous restaurant lease is signed, make them fully aware that come 60 days prior to the first anniversary, either they pay a reasonable rent and utilities, or RECEIVE A NOTICE TO VACATE. -
From Tony Orzada...to...Anthem Opinions
Dick,
After reading the article by Barry, ( well done ), I guess that I have to wait for a Part 2 which will address the HOW TO FIX the problems.
Otherwise all we do is bitch,bitch,bitch about the same stuff ( incompetent BOD, incompetent & OVERPAID general manager, the famous restaurant issue, etc. etc. etc..
Looking forward to a Part 2 from Barry Goldstein. -
Me too, Tony.
How about we ask Barry to run for the Board?
That's the competence we all need. -
From Barry Goldstein...to...Anthem Opinions
It is obvious that this board wants a restaurant.
As far as someone suing the board if there is no restaurant, I would guess that 5 previous failures would be a viable defense.
This is a woman, our GM, who believes the association must make it as simple as possible for a restaurant to succeed.
Since when is it a reason to spend our money unwisely because another HOA loses on their restaurant?
Under that assumption why should we pay our GM $100,000 a year more than that HOA pays their GM? -
From Robert Nusser...to...Anthem Opinions
When "we all bought into this place" the dues (for my house) was $275 per quarter - AND we didn't subsidize a restaurant.
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Remember When Sun City Anthem
Was Once Rated
Was Once Rated
Retirement Community in the Country?
Not any longer !
The website...
...recently announced their 2018 rating, and despite the hype you may have read elsewhere about our community being one of the top retirement locations in the United States...
...that Sun City Anthem self-management was the key to a successful future...
...that Sun City Anthem governance is top notch (according to Sun City Anthem's Vice President in a recent rant on another blog)...
...in just a few short years...
Sun City Anthem isn't even listed in the top 55 communities any longer !
Check it out yourself by clicking on this link:
As a matter of fact, the only two Nevada communities making the list was Sun City Summerlin...coming in at number...
...Sun City Mesquite...coming in at number...
.
Why would that be?
Like Sun City Anthem, Sun City Summerlin is also self-managed.
Sun City Summerlin includes:
Sun City Summerlin Amenities
Sun City Summerlin boasts more amenities than any other active adult community in Las Vegas.
The heart and soul of this development are the community's four clubhouses that house a vast array of world-class amenities.
Swimmers will love discovering the Sun Shadows Clubhouse, boasting the community's magnificent Olympic-size indoor pool and spa.
The Pinnacle Clubhouse is the cultural center, housing the 312
seat Starbright Theatre, which plays host to many popular theatrical and musical performances as well as movies and guest speakers.
seat Starbright Theatre, which plays host to many popular theatrical and musical performances as well as movies and guest speakers.
Residents also enjoy the clubhouse's outdoor pool and spa, four tennis courts, and the softball field for a game with neighbors.
Sun City Summerlin Golf
Golf enthusiasts are greeted with three outstanding courses. The resident-owned courses offer yearly membership options and reduced fees for residents.
There are two championship 18-hole courses and one executive 18-hole course.
Each golf club offers great dining options.
Sun City Summerlin Homes & Real Estate
There is a wide variety of models to choose from in this active adult community. There are 42 different models that include 18 attached models and 24 single-family home models.
Single-family home buyers have a wide variety of options with floor plans that range from a modest 1,086 to a more luxurious 2,895 square feet of livable space. These models include one to three bedrooms, two or two-and-a-half bathrooms and an attached two to two-and-a-half-car garage.
Sun City Summerlin Lifestyle
Many residents remark that the lifestyle here is like living in a world-class resort and with over 80 different clubs and interest groups.
The community activities director custom tailors a fun-filled calendar designed around the requests of residents.
There are many fitness classes such as yoga, aerobics, pilates and aquacize.
For residents who want to continue their education, there are classes in everything from foreign languages to cooking to proximity to the University of Las Vegas.
With this in mind...there is also one other interesting aspect of this community:
According to the recent Darcy Spears report on ABC-TV's Channel 13...
...the income of the Sun City Summerlin General Manager is substantially less than that of Sun City Anthem...yet has far MORE RESPONSIBILITIES.
At last examination, the annual income paid that individual was approximately:
$160,000
Compared to Sun City Anthem's General Manager's...
$257,500 + Bonus + Benefits
So...
Why has Sun City Anthem not even made the top 55 list?
Could it be that when compared to another Las Vegas community...
You may not be getting...
Has the Sun City Anthem governing body provided it's residents...
?
?
Got a comment?
Send it to us at:
scaopinions@gmail.com
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From Art Goldsmith...to...Anthem Opinions
Since it appears that the board and the manager have not fully vetted G2G and their principals as to whether they have been released from bankruptcy, which in itself is a red flag, to the full background information of the principals and their willingness to give away the farm to have a restaurant, in spite of five failures and not listening to the full desires of the residents, it would be in our best interests to tie the contract of our manager to the losses incurred by the restaurant, which we, the residents, would have to make up from our reserves and/or assessments(either regular or special).
If we lose money, the managers pay is cut, if it is a severe loss, then the members of the board are held financially liable for not filling their fiduciary responsibilities.
Two members of the board have already shown enough sense to ask for more debate.
What is wrong with the others?
Are they mesmerized by the glitz of a Denny’s like restaurant or do they just not see the financial pitfalls that are ahead?
Remember Vic’s, not too long ago, more glitz but a loss
of over a quarter of a million dollars or more.
Sometimes you just have to walk away from an offer that smells
too good.
In my background of negotiating about 20 commercial leases,
if I got such a sweetheart deal they would have made me
the president of the company I worked for!
In normal business operations these deals, if they are good, just don’t come along, unless you are an Amazon, Tesla, Ford, BMW, etc., trying to relocate a new office or plant! -
From Tony Orzanda...to...Anthem Opinions
Who the hell is FRANK TUTERO?
Google him & be surprised. -
Tony,
We did, and we too were surprised.
We learned the information was provided to the Sun City Board,
and thus far, it appears that they have completely IGNORED IT.
Instead, they countered the allegations with a "Real Deal" published report that has more holes in it than Swiss cheese...
...a report that not any of them will take personal responsibility for writing, yet by placing "Sun City Anthem Board of Directors" as the author on the official eblast, EACH OF THEM must be held personally responsible for conveying it to the owners of the Sun City Anthem.
They knew exactly what they were doing...CONNING a community,
using an official Sun City Anthem source, to draw attention from the damning information THEY KNOWINGLY DECIDED TO WITHHOLD.
We also had one report that someone appeared to see something
that looked like a pizza oven being delivered.
Of course NOT ONE OF THEM OR THE MANAGEMENT TEAM has yet to even have the common courtesy to CONFIRM if any lease
has been signed, but we suspect that it has been WITHOUT
INFORMING THE COMMUNITY.
We have asked SEVERAL TIMES, and we have yet to receive ANY
RESPONSE.
And...if it has...
...despite everything that has been uncovered, in my opinion, confirms everything we have tried to explain to a community as to the need to rid ourselves of such deception at the earliest opportunity next spring.
Those pompous self-serving supposed leaders deserve utter contempt for ignoring such relevant information when one considers that their past...all of whom...are what we have consistently referred to as "The Machine", have more than proven their selfish unworthiness to properly govern a retirement community.
How any Board could act in this manner without informing a
community of actions that will cost the owners a reported minimum of $250,000 per year each and every year, is perhaps the most blatant act of contempt for a community in its 19 year history.
Any person who in any way can condone such actions should be
ashamed of themselves for favoring this act of incompetence and
deception.
They too must be looked at in the same manner as those
who committed these acts.
Why?
Now that all of them are fully aware of the potential risks associated with what appears to be improper vetting, and condoning such activity, fall in the same category.
Ignorance can no longer be accepted as a result.
Open your eyes, Sun City Anthem, look at what has been discovered; and for once, pay attention.
Your financial future is being determined, and all of you who pay little attention to your community's financial
matters, are EVERY BIT AS RESPONSIBLE as those who have made
such disastrous decisions.
If you put them there by voting for them, then simply stated, YOU GOT WHAT YOU DESERVED by believing the wrong people. -
From Robert Lachford...to...Anthem Opinions
Ever since the 8/23 debacle at which our Board of Directors "sold us out" with their vote favoring the inevitable thorn in the checkbooks of our property owners by approving the lease to the restaurant location to a $70,000,000 per year partnership, with virtually no out of pocket expense and the right to pick our pockets in the future; the company, which surprisingly many homeowners are still unaware, the G2G group, apparently had financial problems in the past and possibly still do, as they refused to release financial info to board treasurer Forrest Quinn.
Still, they had easy pickings with our board in negotiations as the key points in the lease released to us look like something favored by dropouts trying to pass the business portion of a high school equivalency certificate test.
What I find most disturbing about how this was railroaded through, was the way we were kept in the dark, until the early August meeting, when we we were informed that negotiations had been held, with knowledge of a select few, after G2G seeming rejected the previous offer.
The whole process was obviously well planned, seemingly to keep dues payers, especially those showing displeasure and opposition previously, by keeping it "under the hats" of those involved,
Notice how the time of year was such where many snowbirds were not about and many residents were vacationing, elimination one group of potential opposition.
Apparently, the thinking being that a venture on this magnitude cannot be passed in such secrecy, but the board and the lawyers they feed a lot of shekels to, can quote NRS areas confirming its legality
Before and since the boards decision, I spoke to numerous residents regarding the issue and was shocked at how many were informed about it.
Most recall discussion in the spring but thought it was dead, due to the previous rejection.
A few thought it was a good idea until they found it would cost us any money, especially when they heard the costs.
A few thought it was OK for breakfast until told it was no go.
Virtually all voiced opposition when they found out it would serve dinner type food , especially those remembering Trumpets. and sone thought it should require a general vote by homeowners, and many felt the catering exclusive was unacceptable.
Truth be known, it seems to be nearly impossible to spread the word about any issue without the graces on the BOD (REMEMBER THE RECALL VOTE)?
This publication, Anthem Opinions, is transmitted daily on most weekdays and contains a plethora of information mostly of interest to SCA residents, including entertainment and dining news, household tips, Mr Fix It for home repairs, seasonal news, and of course information of this dilemma we not face which presented opinions of homeowners with differing opinions.
It is no charge (Anthem Opinions) and I encourage all residents to log in.
Speaking to many residents, there seems to be some confusion as there is another electronic publication, favored by the BOD called the EBlast which is selective on what they will print (It should be subtitled “all the news the BOD wants you to hear”)
There is also “The Next Door’ which is OK if you want to sell a used car or want a pizza recommendation.
Anthem OpinionS has recently printed articles, one by a former director, pointing out the reason for recent enforcement on property violations, most likely to collect fines to help offset increased Association costs.
Are they preparing for the estimated 1/4 million impact the restaurant subsidies, the generous management salaries bonuses, or the pending lawsuit on the Liberty center repairs which could reach a 7 figure liability.
Keep informed and make our community something we can be proud of ! -
From Robert Nusser...to...Anthem Opinions
It appears that the "Restaurant Deal" has already been approved:
At a recent Board meeting of an SCA service organization (at which Sandy Seddon was in attendance) a question was posed as to how this service organization could use a room at the Anthem Center for future seasonal parties (in lieu of an 'outside' facility) in order to save money and not pay outrageous "room rental fees".
Ms Seddon answered the question by stating that the individual should contact Mr Tutera about this matter.
WHAT?
Is there a signed lease in existence that the residents were not made aware of??
If not, then WHY are we expected to discuss "room usage" with an individual who isn't even an owner at SCA???
Something REALLY smells.
I'm sure that the SCA Minister of Propaganda will spin this to the Board's delight in a future issue of his "Bull Sheet". -
Robert,
Thanks for the update.
It's time for the community to decide just how it will handle this blatant act of deception.
I hope all those who see any of the OFFENDERS will look at them straight in the face and tell them that their days are numbered as far as having anything to do with our community after this action.
I do know that I have spoken to many who wouldn't eat at that restaurant if the food was free after this calamity.
There leaves little doubt that all of these individuals are nothing more than deceptive menaces who have shown their true selfish and incompetent colors.
None of them could ever be trusted again.
Let's do our best to elect HONEST individuals who will in turn make this the #1 issue for voters to decide in order that they may vote to UNDO what these untrustworthy people have done to Sun City Anthem.
And...as far as Waterhouse and Quinn, despite their objections, the only way for either of them to maintain any form of credibility and not be a part of this act, is showing their disgust, and resigning their positions, saying they want no part of any of this in any way.
Anything short of that, makes them no better than those who deceived us.
Why would any person want to be a part of that group after this?
Then we can see who the new appointees would be and look at any support they too might have for any of this as well.
That would give all of us a good indication as to where their loyalties lie; the MACHINE, or the community. -
From Rana Goodman...to...Anthem Opinions
NRS 116.31037
Indemnification and defense of member of executive board. If a member of an executive board is named as a respondent or sued for liability for actions undertaken in his or her role as a member of the board, the association shall indemnify the member for his or her losses or claims, and undertake all costs of defense, unless it is proven that the member acted with willful or wanton malfeasance or with gross negligence. After such proof, the association is no longer liable for the cost of defense, and may recover costs already expended from the member of the executive board who so acted.
(Added to NRS by 2011, 2014) -
According to "The Bull Sheet", to date, no pizza oven has yet been purchased or placed in the restaurant area.
Nevertheless, it will be interesting to see not only IF a lease was signed, but the DATE and by WHOM (likely the Association President, Candice Karrow).
I can assure all our readers that IF any lease was, will be, or actually signed, we will indeed obtain a copy via a Document Request Form and cross check the information in order that you can read the FULL STORY.
But...as is typical of that publication, that was the only aspect of the lease that has been addressed.
Not a single word has been stated there regarding the allegations and information discovered about G2G or Frank Tutera.
How fair is that to his readers?
As with every other official publication, that is TYPICAL of how that person defines JOURNALISM...HALF TRUTH in between insults on personal character.
In addition, nothing has been said in any way as to "cherry picking" the "Real Deal" article which was obviously fully intended to tell only part of the REAL STORY.
Just remember, "The Bull Sheet" recommended each and every one of those who are making the restaurant decision, most importantly, the individual involved with the restaurant who appears to have been improperly vetted.
Add this to his other restaurant recommendations that included:
...the wife of an 8 time Las Vegas bank robber
...a man who was caught walking out the back door of Anthem Center with SCA restaurant equipment
...a man who owed his partner's widow $150,000 that had not been paid a year after the judgment, and had a first call on any SCA revenue...
...Mr. Tatoo and family
and of course
...his subsequent partners who defaulted on $40,000 of loans that each and every Sun City Anthem property owner was forced to "eat".
Now that's a guy every person should buy a used car from, don't ya think? -
From Rana Goodman...to...Anthem Opinions
Don't you think the meeting regarding the restaurant, explaining the topic and it's importance should have gone to EVERY home owner before that vote
NRS 116.3115
The association shall provide written notice to each unit’s owner of a meeting at which an assessment for a capital improvement is to be considered or action is to be taken on such an assessment at least 21 calendar days before the date of the meeting. - ___________________________
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The Slippery Slope in Believing "Official"
Community Sponsored Informational
Tainted "Garbage"
It's now public information that G2G financials were not thoroughly examined, and recently it was divulged that background checks on G2G and Frank Tutera have raised serious issues.
Yet...nothing...NOTHING ...has been said "officially" to the community as to these vital matters.
However, within a day of these latest concerning disclosures, a report was sent by Sun City Anthem Board of Directors essentially stating "how wonderful" their management expertise has served the Sun City Anthem Community.
It was called:
"The Real Deal--#1 from SCA Board of Directors"
...and we'd like to know JUST WHO composed it !
Because as usual, when it comes to any communication from either THEM or the infamous "Bull Sheet", chances are that such information does little other that paint what we will refer to as a TAINTED picture of the true story, only telling you what THEY WANT YOU TO KNOW...
...in a manner that produces inadequate information to HIDE the FULL STORY.
...in a manner that produces inadequate information to HIDE the FULL STORY.
Rather than tell you "How Great" Sun City Anthem is by using information so slanted as to provide the average uninformed or more properly characterized as the "naive" homeowner with a glorious picture that was written solely to...
...we look behind much of that frivolous "garbage" and instead examine between the lines of those supposed facts they so conveniently avoid...and then ask:
Why is it so difficult to tell the full story if you're SO
WONDERFUL?
and...
...as was the case in the Removal election when all we asked was to TELL THE OTHER SIDE OF THE STORY...
...using the same E-BLAST SYSTEM USED BY THEM...
... that was FLATLY REFUSED...
Why won't you allow that to take place?
It's as if you're watching a TV ad for a political candidate and literally believing each and every word said !
(Unless you live in a bubble, most intelligent individuals know that if all that "garbage" was taken as the gospel truth...all candidates would be "doing time")
And..as is the case, with the political ads...
..so too should any individual with a working mind take all the half-truth "garbage" officially set forth, and believe that as well !
Than again, we have the "Bull Sheet" bureaucrats who seem to adapt to that quite well, don't we?
I can assure all of you that we will have numerous INTELLIGENT comments and questions as to the validity of the FULLY STORY in the days to come, but for now...
Let's just concentrate on the restaurant issue and ask THEM a few simple questions regarding their tainted "garbage"?
Are any of THEM going to sign a lease with an organization that is now believed to have been INADEQUATELY vetted?
If so, have any of THEM done any research as to the information about the owners recently disclosed...
...and WHY, if confirmed, they believe that such an organization can succeed...
..or will be patronized...
...now that the community has become aware of it through INDEPENDENT INFORMATIONAL SOURCES, that THEY constantly criticize?
This latest "official communication" in our opinion is merely an act of DESPERATION to save themselves.
They are AVOIDING the REAL IMPENDING issue of the restaurant, and as is so typical of...
"Mr. Bull Sheet"...
...attempting to divert attention to another matter in hope the community will not focus on the topic that has now inflamed it with the "giveaway" lease provisions that were a part of the proposed lease agreement.
Their problem, however, is now more evident than ever...
They...haven't realized yet, that...
Got a comment?
Send it to us at:
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From Valerie Lapin...to...Anthem Opinions
Excellent article telling it exactly how things really are at SCA and not sugarcoating to protect the manager or the Board.
This used to be a wonderful community to live in. It has turned into a type of prison where owners are being controlled by management instead of the management having to answer to owners.
All their “good “ ideas are giving them more control, and owners pay the price.
As someone rightly pointed out, we don’t need a manager who is paid a gigantic package anymore.
We need a competent individual managing who has the interest of the owners first and foremost!
Her expertise is no longer required; she needs to be replaced! She has alienated people and clubs with her rules.
We don’t need this type of management.
New people that have moved here don’t understand how bad the morale is here.
Having another liability I.e. a restaurant that costs us money is not in our interests, yet management has made the decision to have one and waste our money AGAIN. -
From Marcia Kosterka...to...Anthem Opinions
Valerie has made some very salient points, but the one thing that everyone seems to miss is that THE BOARD IS ULTIMATELY RESPONSIBLE for allowing management to go ahead with all these unconscionable actions. 'THE BUCK STOPS HERE" with this board and previous boards for all the runaway expenditures and bad decisions over the years.
In regards to the previous management company not doing their job properly, it was incumbent upon the board to watch the company and demand proper carrying out of the tasks they were charged with completing in a satisfactory manner.
First we had an out of control management company and now a runaway self-management team whom is hell-bent on tightening a choke-hold on the homeowners.
The incompetency of this current board is in a large part due to their extreme self-absorbency, power hungry with the attitude that they can do anything they want, and to constantly exhibit "The Peter Principle" (arising to their level of incompetence) They refuse to call upon experts who reside here in SCA for input when considering projects, continue to exhibit extreme rudeness when dealing with homeowners unless that homeowner sides with them and picks and chooses their "favorite little pets" to let slide on the existing rules and regulations while targeting those homeowners who object and publicly state so. There is absolutely no democratic process in place whatsoever.
Therefore, the onus is on ALL homeowners in the next election to either volunteer to run and/or vote for new candidates who pledge to bring SCA back to an open,honest, and democratic form of HOA government and quit bypassing input and voting on important issues by the homeowners.
ENOUGH IS ENOUGH!!! -
From A. Orzada...to...Anthem Opinions
What has to happen to replace Sandy the $$$ "manager " & to take off the table the ridiculous idea of a restaurant here in SCA ?
Please tell us. This is getting seriously out of control, the BOARD is on" meds" & totally unaware of whats happening here & doesn't want to address these issues.
PLEASE show us the way to replace the general manager & STOP the nonsense of the restaurant. -
In my opinion, these would be the necessary steps our community would have to take.
1. Replacing 5 of the members of the current Board at the next election with individuals who will be strong and competent enough to:
a. replace the General Manager along with a number of her personal friends who have been placed in upper management. This is a community, not a kingdom.
b. reduce the starting salary of her replacement to a level comparable one one with similar job responsibilities, as well as, strongly curtaiilng her authority and hiring ability.
c. Remove the CFO. There is no need to spend $200,000 per year for such an individual in a non-profit organization.
d. immediately terminate any tie to the current Association Attorney. He has proven to be anti-homeowner in my opinion. His replacement would also be strongly curtailed as to usage.
e. revisit the self-management concept as it has led to an individual having entirely too much power over a community.
In other words, give a community back to the people who own it. -
From Roseann Pica...to...Anthem Opinions
Jim Mayfield and Tim Stebbins are assets to our community. I just want to thank, both of you, for keeping us well informed of what is really happening in SCA!! I totally agree that the GM is trying to substantiate her overpaid salary!
Jim, while you were on the Board, you tried to institute positivity & correctness to our community. We all know the negative attitudes you received from other Board members. I was so sad to learn that you were no longer involved with trying to keep SCA an upstanding community!! You were the "Best" board member SCA ever had. -
So...those not owning property in Sun City Anthem are able to attend Board meetings, as well as, speak at them ?
First, I question whether individuals would still "appreciate" Tutera and/or G2G since the background allegations have come forward WITHOUT RESPONSE..
...from either the Board or The Bull Sheet.
Since outsiders are able to attend, perhaps Darcy Spears should be invited to attend and SPEAK. After all, not allowing her to do so would be DISCRIMINATION since it has been stated there are no rules to the contrary.
Let's get down to the nitty gritty !
Has the restaurant lease been signed, and if so, without investigation as to the new information?
The community has the full right to know what, if any, additional vetting took place...
...especially since Board members have been made aware of them.
Anything short of that, smacks of COVER UP...
...as well as complete violation of fiduciary responsibility.
Corruption and incompetence ????
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New Sun City Anthem Code Enforcement
A Disguise to Increase Association Revenue to Pay for Increasing Association Costs
By
Jim Mayfield
Former Vice President & 4 Year Member
Sun City Anthem Board of Directors
I received in the mail today the new Board policy on ACTIVE enforcement of property violations.
This terrified me because of the potential for abuse by the GM and Sun City Anthem Board to selectively run up violations and fines to raise revenues and use as a punitive tool, increase in staff costs, and the probable cost increase in already excessive SCA legal fees.
After a two-year study by a group of diverse residents, the task force PREVIOUSLY assigned to assess the value of active versus the long-standing reactive enforcement practices, the task force and the Board REJECTED going to an active enforce policy.
Of note, so did our former association attorney--John Leach.
The reasons they rejected a proactive enforce practice were:
1. Significant increase in size of staff (increase from 1 to an estimated minimum of 4 + a supervisor) and the related estimated increase in personnel costs of $200 to $250k per year.
2. The legal risks and associated legal costs associated with allegations of inconsistent, poorly executed and discriminatory execution of the strategy.
3. At multiple--MULTIPLE--public hearings by the task force, little resident support was expressed for active enforcement.
4. The movement from resident and committee enforcement would move interpretation of standards from residents and weaken the roles of the standing committees charged with oversight and enforcement of community standards.
5. The overwhelming sense that "if it ain't broke don't fix it" belief that "active enforcement" was a policy in search of a problem. (Our community looks pretty nice.)
As I recall, Jim Long and Don Schramski led the work on the task force and Board.
I suggest that they should both be contacted for their historical perspective and assessment of the Board's change in policy.
This change is not a good idea, and the way it is being implemented will only cause additional upset and division within SCA and questioning the judgement of the current Sun City Anthem Board.
I also suggest that if the Board is so concerned about community appearance standards that it should ask why so many problems exist in the SCA common areas related to weeds, dead vegetation, broke irrigation heads, etc.
The GM and Board would do well to look into the mirror before setting up a process to over regulate residents' maintenance of our property.
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Got a comment?
Send it to us at:
scaopinions@gmail.com
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From Marcia Kosterka...to...Anthem Opinions
Good for Jim Mayfield for writing that article!!!
Let the machine try to test that!!!! -
From Jim Mayfield...former Vice President of Sun City Anthem...to...Anthem Opinions
Some ADDITIONAL COSTS and details that I omitted or had incorrect.
One other cost is the cost of the system and IT labor to build and maintain a tracking system.
Besides the retribution capability that will be in the hands of the GM and Board president, if you add up all of the costs, including additional staff vehicles (+ their maintenance and gas), SCA is looking at adding at least another minimum expense of $300k to the budget.
This combined with the restaurant subsidy will be a total of at least $650k to the budget or $91 per roof top per year or about $22.75 per quarter.
QUESTION:
Do a majority of SCA HOMEOWNERS really support a heavily subsidized restaurant AND an active enforcement program to solve a problem, the GM did not document, even exist? I think not!!!
FYI: I would like to know, will the new "plant police & enforcement squad" also be tasked to inspect SCA common area properties to make sure such property is being maintained to the same standard as demanded of homeowners?
Idea: What if SCA deducted from the GM salary and bills from the SCA attorney a fine for every violation identified and verified by owners and the "plant police & enforcement squad"?
Bureaucrats who are not held accountable will always spend other peoples money without being held accountable for the necessity of the requirements or cost effectiveness of outcomes. -
From Rana Goodman...to...Anthem Opinions
We (SCA) pays the largest percentage of the Anthem council fees for the common area landscape.
Has anyone paid attention to the center medians as they come up the hill along Anthem Parkway?
Not only are they messy, but there are many, many dead trees and shrubs that have been that way for a very, VERY long time.
Maybe our people could focus some of this new energy into getting that pretty again..
And what about all the spots left bare from low shrubs removed and never replaced with flowers or something attractive?
Leave the residents alone and take care of the community in general, remember the “property values” so many people keep whining about? -
From Rosann Pica...to...Anthem Opinions
Jim Mayfield and Tim Stebbins are assets to our community. I just want to thank both of you for keeping us well informed of what is really happening in SCA!!
I totally agree that the GM is trying to substantiate her overpaid salary!
Jim, while you were on the Board, you tried to institute positivity & correctness to our community.
We all know the negative attitudes you received from other Board members.
I was so sad to learn that you were no longer involved with trying to keep SCA an upstanding community!!
You were the "Best" board member SCA ever had. -
Roseann, I so agree with you.
Jim literally "caught hell" from the MACHINE.
Shall we start a DRAFT Jim Mayfield movement for the next Board election? -
From Robert Nusser...to...Anthem Opinions
So....what happened to that "Blue Card" system in effect forever??
Let the Residents take some responsibility for reporting violations (who cares if there's only two - rather than three - trees in your front yard).
Yet another example as to how this community is being turned into a Jr. High School by treating the residents like stupid teenagers.
There is a known fact that if you drop a frog into hot water it will jump out to save itself; if you put the frog in tepid water and slowly raise the water temperature, by the time the frog realizes what's going on it's too late and the frog can no longer jump out to save itself.
When will the community realize that most are frogs in tepid water? -
From Forrest "Mr. Fix-It" Fetherolf...to...Anthem Opinions
The SCA General Manager and Board Members never cease to amaze me with their anti-resident tactics and control power struggle.
As Jim Mayfield stated in his post on Anthem Opinions website, this issue with code enforcement was addressed and decided upon by previous Board Members. Their findings were to be reactive rather than proactive.
The GM and Board indicated that 600 complaints were filed in a 6 month period.
o me, that clearly shows the existing reactive procedure is working. We do not need the paid plant police to do what concerns residents are already doing for free.
My opinion has always been to let the resident’s police code violations in their neighborhood and report to Community Standards.
I have taken the time to drive through several SCA neighborhoods to observe potential plant code violations.
I estimate about 30 to 40% of the homes are in code violation with number of plants.
Plant count does not affect the overall beauty of our community.
I can understand the dead plant issue…that is a no brainer.
As for the required plant count of 10-5 gal plants, 5-1 gallon plants and 2-24” box trees , that will be excessive with many homes that have a small front yard area due to lot size, allowable grass/astro turf areas, driveways, sidewalks, casitas, utility boxes and mail boxes.
As the plants and trees mature, fewer plants would be much more appealing.
Also, there are no provisions to regulate excessive planting or overgrowth of existing plants and trees.
SCA is desert scape. Desert Scape does not include the jungle look of many homes in SCA.
I purchased 9 homes in SCA, 3 were a jungle because of excessive planting.
After I reduced the overgrowth and excessive number of plants, I was very surprised by the number of neighbors stopping by to thank me for eliminating the jungle look. -
Forrest,
This is the kind of common sense that should radiate from members of a Board.
Hint Hint ! -
From Matt Horween...to...Anthem Opinions
In my opinion the General Manager invented this initiative in order to increase the number of employees under her command in order to justify her pay and benefits going forward.
How in the world can a sane board give her another raise for at least five years, because they have already told us she makes so much because she had to start from scratch, and now that we have an established self management, such as it is, we can employ a new manager that does not need all her super skills to just run our established self managed association.
Needless to say this program will hurt the poorer among us the worst and it will for sure increase our legal fees.
I wonder how many people our manager will have to follow the performance of our new restaurant and to make sure they are operating under the terms of the agreement and especially whether or not the restaurant is doing appropriate maintenance?
I wonder who will get sued if someone gets food poisoning at the restaurant?
Are we requiring the restaurant to carry enough insurance to cover this?
As each day goes by, the manager will be dreaming up new schemes to expand her empire.
I know empire building when I see it. -
There are times when laughter is the key to a successful day.
And today was one of those days.
It seems that Mr. Bull Sheet has been simmering, stewing, and stirring while wondering as to the recent developments about Mr. Tutera and G2G.
And with that thought implanted in my mind, my imagination began to wander as to delving into the mind of Mr. Bull, thinking about the conversation he must have had with himself. (He does that quite often...especially to slot machines).
This is what I came up with. - ------------------------------------------------------------"What shall I do?", thought Mr. Bull.
"I must react, but how?"
"Looks like the people might be on to me after all the time I spent touting the joint and the exec whose their spokesman."
"I sure hope they don't bring up the fact that when it comes to past restaurants...
I supported the woman and her husband, the bank robber...
...or the guy who had an unpaid civil judgment against him that would have first call to profits before SCA would be paid...
...or the guy who was caught walking out the back door with Sun City Anthem restaurant equipment...
...or the head to toe tattooed TV guru who lost his shirt and opened a sandwich shop after his partners stiffed the association for $40,000".
"I need to react this potential catastrophe."
"Ah...wait, let's see if I can get away with how I've always handled these trivial matters?"
"Let's ignore all of what's been said about the lease provisions or the company or guy involved, and change the subject by coming up with a way to get off the main topic and blame some woman for a comment instead!"
"That's it...it's always worked on the dopes who have followed me in the past, let's see if it works now!"--------------------------------------------------------Then reality struck and I came up with this conclusion.
Mr Bull, you are not going to get a way with it this time.
Is blaming a woman for something the best you can come up with after all that has been said about your restaurant ally and wonderful Board who, to date, has ignored all of the allegations?
I think not, and neither do most people...and...you know it !
Our suggestion to that loony tune...
Give it a rest.
The community is getting very tired of the Bull Sheet. -
From David Strand...to...Anthem Opinions
I too attended all of the workshop meetings concerning this very issue.
Did the board even read our findings?
Evidently not, because if they had, they would have never implemented such a foolish, expensive plan.
I guess there is no valid reason to have community workshops in Sun City Anthem.
They mean nothing.
One last comment:
Are the people who are going to do the inspections (every three months, you must be kidding) knowledgeable enough about plants to identify plants that are dead from deciduous plants that are dormant?
If not I foresee a lot of contested violations.
I am so sick of all of this. -
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At a breakfast at the Tuesday Mens Club at the Village Inn, I had asked Sandy what she thought about an active program and she was then against it due to the problems of implementation, either the difficulty of establishing a volunteer program or the costs of a management program. So I don't think this came from her
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From Don Schramski...former member of the Sun City Anthem Board...to...Anthem Opinions
PART ONE OF TWO
I was a member of the 2013-2014 Pro-active Enforcement Task Force (TF). There were nine members of the TF and I was the Chair of the Education Sub-Group. When I received the SCA letter, dated August 28, I, too, was surprised by the reversal in policy by our association.
Since the inception of our association, compliance with our CC&R's and Design Guidelines has been through submission of resident complaints, often called a reactive system. And, after almost a year-long effort by the TF, the method was reaffirmed. The TF met in open session three or four times and arrived at a method to test the viability of reactive enforcement. On a positive note, each of these meetings was attended by many homeowners, and their opinions were solicited and considered. To help determine a best strategy, the TF divided into two groups to vet the merits of each approach (Education and Proactive Enforcement). The Education group looked at the role of education and communications, while the Proactive Enforcement group researched compliance inspections and monitoring opportunities. The outcome favored initial education opportunities, with the inclusion of an element to measure its success.
Two "drive-by-street view" inspections using an Abbreviated Inspection Checklist were conducted. The goal was to reduce non-compliance by targeting the most common visible violations.
Pre-education - The first inspection included every SCA property in every village, and established a "baseline" to see what percentage of properties actually had a compliance issue. Six percent of the properties had a listed violation. An education campaign followed this baseline inspection.
Education campaign - Articles in the January 2014 Spirit and April 2014 Relay addressed what it meant to live in our covenant-protected community, and noted the eight most common compliance violations visible from the street. Residents were encouraged to ensure their properties were in compliance, and if they believed neighboring properties did not comply, they could anonymously submit a Tan Card identifying perceived non-compliance issues. Reporting would initiate the Community Standards Department process to determine the validity of the alleged violation and take corrective actions as required.
Post-education - After publication of the Spirit and Relay articles, a follow-up inspection was conducted. Only those properties with violations identified during the first inspection were revisited to see if those violations had been corrected. Pre-education inspections were compared with the post-education inspections to assess the effectiveness of the education campaign. Residents were advised of the compliance process and/or appropriate course of action recommended. That generated an increase in the number of Tan Card reports (residents reporting perceived violations). The results comparing the two inspections showed significantly fewer violations in the eight most prevalent Design Guidelines violations. The reactive system worked. -
From Don Schramski...former member of the Sun City Anthem Board...to...Anthem Opinions
PART TWO OF TWO
As I mentioned, I did not expect approval of a pro-active approach. I recall no open meetings, no dedicated TF, and no public discussions prior to the decision by the Board at their August 23 meeting. I know the previous SCA attorney told uswe were unlikely to have problems with NRED if we used reactive enforcement, although I recall he was concerned about defending this position in court if a resident used it as a defense to enforcement of fines.
With regard the staff required to implement a pro-active approach, I understand the current thinking is to add one additional Full Time Employee, so I estimate that cost to be significantly less than Jim Mayfield's estimate.
I believe our association is complying with NRS provisions because we do enforce the rules and regulations equally and fairly, even though we may not identify violations equally. Suspected violations of our governing documents, Rules & Regulations and Design Guidelines are submitted by any resident who notices a deviation, and Compliance determines if a violation exists and sends the case to Covenants for a final determination. Further, I don't believe our landscape or property standards are deteriorating, so I don't believe a pro-active approach is required. I have reason to believe our Compliance office receives from 60 - 150 violation submissions every month. While many of these do not rise to the level of a violation, this is a positive indication our current system is working, and a pro-active system is not necessary. As Vice-Chair of Covenants, I rarely see more than a small number of cases brought before the Committee every month. Some months there are no cases so the meeting is canceled. Perhaps the Board should have a serious discussion with its new attorney, and question the real necessity of pro-active enforcement.
Lastly, it is ludicrous to believe the association is implementing a pro-active approach simply to raise revenue. This association is too well run to necessitate that type of revenue grab. I agree with Jim, if it ain't broke, don't try and fix it. I think our homeowners will agree, and voice their opinions at the September 24th workshop. I hope you will encourage as many homeowners as possible to attend the meeting, so the Board will understand we are aware of our responsibilities as homeowners, and we don't require pro-active enforcement to keep up our property standards.
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No Restaurant Deal
Better Then
A Bad Restaurant Deal
by
Tim Stebbins
Sun City Anthem Resident
In my opinion, after looking at several factors, it is my belief that the current potential operator for a restaurant in the Anthem Center, a company named G2G, is not a fit for Sun City Anthem.
A person affiliated with G2G told our board at the last board meeting that SCA, or any entity that has a liquor license must be open to the public.
I have been told the person who said this was a Mr. Frank Tutera.
That did not sound right to me and I asked him about the comments after the meeting. He insisted again that any holder of a liquor license must be open to the general public.
I decided to check that out.
I went to the Henderson City Hall and met with Mr. Michael Cathcart and Ms. Lana Hammond both of the business license department.
They told me there is no such requirement.
So the statements by Mr. Tutera were false.
Further, I believe that Mr. Tutera said he is a resident of SCA in Black Mountain Village.
Another homeowner checked this out and there is no record of any unit ownership by Mr. Tutera.
If that is true, he must be a renter.
As a renter he is not entitled to speak at board meetings.
Why would a person affiliated with G2G bust into a board meeting and make such outlandish false statements to our board?
From that comment, it appears that G2G is not homeowner friendly and wants to be in control of many operations of SCA.
For example we have many ethnic clubs who like to celebrate parties a couple times per year.
The Chinese Club likes to order quality, authentic Chinese food from P F Chang or similar stores. G2G wants to forbid them from doing so.
Our Jewish friends and neighbors want to enjoy a good authentic kosher meal. G2G wants to forbid them from doing so.
For more casual events occasionally clubs want to order in pizza. G2G wants to forbid them from doing so and insists that if pizza will be permitted in the Anthem Center the association must buy them a pizza oven (for $8,000).
A local newspaper reporter checked into G2G and learned they filed bankruptcy a couple of years ago.
It is unclear if that has been discharged or is still in effect.
Our treasurer, Forrest Quinn, expressed concern G2G would not provide some financial information he wanted.
Might that be because the bankruptcy is still active?
Mr. Quinn was very active in trying to identify the terms demanded by G2G – free rent, free utilities, a substantial operating subsidy every year, etc.
Quinn did a very good job at the board meeting of detailing the G2G demands.
At the end of his presentation he stated he was not happy with the terms and would vote against accepting them.
Board member Aletta Waterhouse grasped the problems and also voted against accepting the G2G demands.
Unfortunately the 5 other board members voted to accept them.
In my opinion any sort of relationship with the G2G organization and Mr. Tutera is not in the best interests of SCA.
We can hope a majority of our board will reject any sort of operating lease with G2G and Mr. Tutera.
One thing for sure, if there is some sort of contract with G2G, I will not spend a dime in that restaurant.
If a competent quality and honest contractor to operate a restaurant in the Anthem Center cannot be found, the board should seriously look at re-purposing the space to some other use.
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Got a comment to our NRS 116 expert's views and observations?
Send it to us at:
scaopinions@gmail.com
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Those of you who CARE about the well-being of Sun City Anthem..In addition to Tim Stebbin's editorial, we strongly suggest that you READ THIS POST on the Anthem Today publication:Then say to yourself...Is it time to come to grips with the fact that OUR SUN CITY ANTHEM BOARD, their CHOSEN EXCESSIVELY PAID MANAGEMENT alongside a DECEPTIVE SELF-SERVING blogger who surround themselves with, and recommend such an organization to be a part of the Sun City Anthem community......are are all responsible for this debacle.If this information can be obtained this easily, they too could have obtained it, HAD THEY HAD THE DESIRE TO DO SO.It's time to look at them for the damage they have been responsible for bringing Sun City Anthem, and send them this note:THE BUCK STOPS WITH ALL OF YOU, and you should be ashamed at the ease of obtaining such information, and yet continue recommending it...Even worse if you were aware of it, and HID IT from community owners.And...those in the community willing to accept this action for the mere sake of wanting a restaurant at any cost to our community through their selfishness, should be looked at in the same light.God help our community if these individuals are allowed to continue the course they have chosen and followed.The time for CHANGE is rapidly approaching.
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From Karen Hadrick...to...Anthem Opinions
I think Mr. Stebbins hit the nail on the head!! And I certainly appreciate him checking with the City to see what's what.
Way to go, Tim!! -
From Buddy Greenfield...to...Anthem Opinions
I checked Tutera's background and it says he has a low net worth….(my opinion) and is a general partner at The Energy Source.
How is it that he is representing G2G and SCA?
G2G is not mentioned.
I wonder if anyone bothered to do any background reports on Mr. Tutera?
How come G2G is never even mentioned on his resume, or his background/previous employment on Linkedin?
(I viewed the full Linkedin profile….no mention of G2G).
If you look at Linkedin under G2G, they list 15 employees.
Mr. Tutera is not even mentioned.
Just what is the relationship between G2G and Mr. Tutera?
Is he possibly a restaurant broker earning come type of commission?
I think Mr. Tutera should give us a full explanation of his relationship to G2G before any lease is signed. -
From Robert Latchford...to...Anthem Opinions
By now, over a week has passed since the board of directors open meeting was held, at which we were sold out by 5 members of the board, by voting for the idiotic restaurant they are determined to shove down our throats and the money needed pay for its opening and keep it gnawing away viciously at the dues we pay.
The board seems to dwell on claims that it is desired and in the best interests of the homeowners to raid the cookie jar, but truthfully, since the other principles in this debacle backed out previously , allegedly due to opposition from the community, this seemed to have given the management and board a second wind to try again, this time likely sweeten the deal with G2G, Dennys owners and operators as well as keep it as quiet as possible to our residents.
The residents who spoke at the meeting were mostly opposed, which was likely representative of those who were unaware of it being on the agenda, but the attitude on most on the board was that they did not seem to care of the wishes of the community and were geared to vote it through.
One question I have not heard a reasonable reply on is “What’s in it for us?”
The estimated $250,000 annual subsidy (a conservative guess) could never generate enough income to begin paying rent), as the space and hours open could exceed $1,300,000 in annual sales, required in the lease.
G2G could possibly increase THEIR income through outside catering, using our equipment free, and also by possible gaming profits, but both of these items are exempt as sales from operation preventing them from using this revenue to apply to possible rent payments.
Many terms in the proposed lease were just cash bribes using our money to appease G2G, but likely the most flagrant violation on common business sense and a bonanza for the tenant, is the failure to collect a security deposit, a cardinal rule in renting commercial property,
Without these funds, there is little or no incentive for a tenant to comply to their rental period, in this case 1 year.
Our overpaid general manager, the queen bee herself, made a feeble attempt for the residents to swallow, that such deposit was unnecessary, because G2G would protect us by paying the premium in an insurance policy on personal property they we own and they use free, by naming SCA as beneficiary.
WHAT??
It should be part of the lease, but not in lieu of but in addition to a security deposit,
They are getting into our hall rent free, with virtually no cash outlay, except a few permits and licenses (the liquor license would be their property and fully salable), so all they have to do is hire a few employees, stock the galley, and they are ready to start flipping burgers. HMMM
What could be done if before lease expiration, the building was opened one morning with a closed sign on the restaurant door?
Obviously, there would be a liability for breaking the lease, but when determining financial award, likely the most key factor is normally lost revenue,
Since they would not have been paying any rent, the judge would more than wonder how this came to be and question who negotiated the lease for the homeowners and if they has legal advice.
Everything else was already supplied by the homeowners dues.
So anyone in favor of this idiotic series of events, possibly to impress out of town guests by treating then to a meal of diner type food, which is what we can expect, follow closely the destined failure of this venture and remember who put us there, come next election. -
From Richard inglefield...to...Anthem Opinions
In case you missed it, Rana’s post on Vincent F. Eupierre and Frank Tutera was spot on.
I googled both of them, and was quite shocked to say the least; these are two very questionable individuals..
Please do some digging into this for the good of the community; once again our BOD has failed us miserably. -
Richard,
We have.
There's more.
...but perhaps at this point, we suggest G2G withdraw AGAIN, or the Board immediately terminate any future lease agreement.
This entire situation is now beyond fiscally responsible consideration.
Unlike past failed restaurants, this time THE PEOPLE ARE NOW PAYING ATTENTION. -
From Daniel Snell...to...Anthem Opinions
An email sent to the Sun City Anthem Board of Directors:
PART ONE OF TWO
A number of years ago our SCA Board at that time elected to implement the Carver Policy Governance Model.[i]A few elements of the model are summarized below from the SCA workshop I attended:
1) The Board is responsible for the purpose and goals of the organization and providing clarity and transparency regarding what the organization needs to achieve.
2) The Board needs to hire a CEO, COO, President and/or GM to achieve the organizations’ stated purpose and goals.
3) The Board also has the responsibility to develop guidelines that management and the organization must adhere to that are in full compliance with existing regulations, policies and procedures.
4) The Board has the responsibility for regularly and rigorously monitoring the performance of management, and lastly;
5) The Board needs to routinely receive information from management in order to perform their fiduciary duties.[ii] -
From Daniel Snell...to...Anthem OpinionsAn email sent to the Sun City Anthem Board of Directors:PART TWO OF TWOOur Board and Management in preparing a lease agreement should have in my opinion shared with residents Sun City Anthem’s overall risks, the adequacy of risk mitigation, the board’s understanding of the need for regulation and policy compliance and the need for adequate insurance coverage with respect to all identified risk areas.Sun City Anthem residents should have confidence that the Board gave thoughtful and careful consideration and review to the following:1) Risks were identified, assessed as to likelihood of occurrence and severity and they, the Board and Management, prioritized actions necessary to mitigate and reduce the risks to acceptable levels.2) Governing documents, policies, procedures and practices conform to Tax-exempt status and compliance.3) Governing documents ensure legal and regulatory compliance.Has our perfect system of governance failed and sadly, fallen short?Batts Morrison Wales & Lee, Certified Public Accounts, published an online article titled, Nonprofit Risk Management (What is it and whose job is it?). [iii]Their article starts with a great thought starter, “Now more than ever before, nonprofit leaders must recognize the importance of risk management as an inherent part of organizational oversight and leadership.”Risk management is mission-critical for nonprofits like ours. Unlike a for-profit business, a nonprofit must take account of numerous stakeholders, to include current home owners, future home owners, the community, employees and government regulators.Our Sun City Anthem HOA must balance these interests and achieve stated objectives in the face of near continuous resource constraints.[iv]Given the request from two Board Members that more research and discussion was needed one can only assume that many Risk Management elements were not given the time and consideration that they deserved.One final note, shortly after the introduction of self-management, one of our GM’s first decisions was to cancel our subscription to USA Today as it was deemed too costly. Given that, what do we call this latest restaurant decision by the Board and Management?I am very concerned that this may well be another decision in a long history of restaurant failures, this time however, with the potential for a significant financial impact on SCA.Respectfully,Daniel SnellSCA Homeowner[i]The Carver Policy Governance Model was developed and trademarked by John Carver, a clinical psychologist. Carver lauded his model as “the perfect approach to governance” and as a result built a significant business training organizations on its implementation.[ii]Coyne, T, “A critical shortcoming is the Board not receiving sufficient information from Management.” The Many Failings of the Carver Governance Model from[iv]Liberty Center Renovations and unplanned repairs due to the age of existing SCA assets
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From Barbara Snell...to...Anthem Opinions
You may find this of some interest.
I strongly believe that the process of this entire decision is a mistake.....give the space to the residents to use.
You had asked for residents to send a response to the Board.
Approval of the proposed Current Restaurant Lease
Aletta Waterhouse and Forrest Quinn are to be commended in recommending that the Lease be researched further before determining approval. Theirs was an appropriate action.
To approve without further research and input was a mistake.
In reading comments and discussing issues, all of which I am sure I may not be completely aware, regarding the new restaurant I have the following concerns which could create consequences for SCA.
Perhaps the following two points were not considered in writing the Lease agreement of the new restaurant and not taken into consideration.
1.…..on “June 17,, 1998 Del Web Communities, Inc., an Arizona corporation…formed Sun City Anthem Community Association, Inc., a Nevada nonprofit corporation by filing the Articles of Incorporation in the Office of the Nevada Secretary of State;” quote from the Third Amended and Restated Declaration of covenants, conditions and restrictions.
2. G2G Management Group is an LLC or a limited liability company.
The purpose of the nonprofit is to provide a service to the public, and the purpose of an LLC is to earn a profit for its members.
I understand that for profit and not for profit organizations and companies can collaborate. However there are rules that need to be researched because of State and Federal taxation laws regarding this.
How deep are we into the relationship with the for profit business, such as exclusive advertising, use of SCA property for the exclusive catering and more? The current Lease indicates that some services, such as catering, be provided by G2G a for profit business, solely by them at SCA. This one example could imply that SCA has a significant partnership with this business.
It would seem that this approved agreement allows for financial subsidies and amenities from SCA to G2G. This entangles SCA into this business venture as landlord(SCA) vs tenant(G2G). Is the landlord now to be considered part of the business?
It’s almost as if SCA is acting as a financial stakeholder to insure the tenant does not reject the offer: financial subsidies to an outside, non assessment paying, non resident entity. This enhances the profitability of the business, G2G. This is contrary to the definition of SCA as a not for profit.
Will these actions put SCA at risk of losing its not for profit status with state and federal governments, as well as, current accounting operating parameters?
Respectfully,
Barbara Snell -
From Bob Goldman...to...Anthem Opinions
Please reprint this letter re: restaurant at SCA.
I attended the June 14th meeting where the SCA restaurant committee gave members an update on where things stood regarding the hoped for restaurant at SCA Center. The process described was painfully amateurish, but the worst part was the strong defense the committee made regarding their conclusion that the association had to work with G2G or no one. The only thing worse than not knowing what you are doing is not knowing what you are doing but thinking you do.
Last week I offered management assistance to no avail.
I am a new SCA resident with extensive restaurant experience.
My background— cooking school-trained chef for ten years, becoming executive chef, not getting to work with ingredients, getting bored, looking for something bigger.
Earned MBA degree (after Duke undergrad BA) at University of Wisconsin-Madison with a concentration in marketing and a specialization in research.
Studied under Dr. Gilbert Churchill, who literally wrote the book on marketing research.
The Wisconsin Restaurant Association hired me, and besides research, lobbying, and testifying, my duties included helping member restaurants with their operational issues and guiding people who wanted to open a new restaurant.
After ten years I started my consulting business, using knowledge from my MBA and experience to help clients in every aspect of their business. This ranged from analyzing their P & L and operations reports for lost profitability to teaching how to control food and labor costs ( the two largest expense categories), to designing kitchens and the menus to be served, to teaching seminars on restaurant labor laws (including sexual harassment, worker’s compensation and wage and hour regulations). Staff training and reducing employee theft were other seminar topics.
Specific issues raised and unanswered.
No business plan was ever prepared by anyone. This would have included real research to determine member interest and the types of operations that might have a chance to succeed. An informal show of hands at one meeting isn’t research.
The request for proposal (RFP) is crucial if the operation is not to be managed internally.
I heard ten were sent out, three returned, and only one (G2G) declared possible on its face.
How were those ten selected, why just ten, and why did 70% of the limited number refuse to respond?
A good RFP has many details that would enable the potential operator to determine the fit for them. It also tells the potential operator that the client knows a little about what they are doing.
There were many other cringeable moments at that meeting.
For example, deciding G2G was capable because they had annual revenues of $70 million. This indicates nothing.
Did G2G offer to allow the committee to see their operations reports?
What was actual profit and where did it come from?
They run casinos as well as restaurants.
If most revenue is from the casino, or even an out sized percentage, that doesn’t say anything about restaurant acumen.
It’s also easy to jack up sales revenue in a restaurant if you pay no or little attention to costs.
Compensation should not be tied to a revenue figure.
A business plan would include a marketing plan, one that takes into account realities.
Pro forma P & L documents are only as good as the assumptions used.
Those assumptions must be identified, defended with facts, and then used to determine reasonable projections.
The kind of operation desired must be determined before any estimates of number of covers, average check or weekly revenue can be made. Otherwise it’s just guessing.
I am retired and do not want a job. It’s clear though that unless the committee is willing to ask the right questions they won’t find the right answers.
Eat hearty, be healthy ! -
From Barbara Sidary...to...Anthem Opinions
FYI, last Thursday while we were playing mah outside of the restaurant space, they moved in several pallets of what looked like kitchen equipment into the restaurant.
Didn't take anything out but moved lots of stuff in.
It was all silver and looked like restaurant equipment.
Also did you know about the meeting that Sandy had with several individuals about new tables and chairs for the gallery for card and mah players?
It was by invite only and I was included.
There were about 10 individuals invited (some were presidents or members of pan and poker clubs) and others just played in the gallery.
Sandy, Analease, Jim Orrick, Aleta and Danielle were also there.
They listened to our suggestions and concerns.
I made a 3 page presentation with info about the east end, the west end and the pool tables and handed it out.
We will lose the 4 tables outside the restaurant for if and when they open.
Many have to leave and go home due to lack of tables in the west gallery.
The pool tables take up over 1/3 of the gallery when we have 11 tables across the street.
Sandy said she wanted to order the new tables and chairs at the Oct or Nov board meeting so they will be here the first of the year.
I asked how she could do that without making a decision about getting rid of one of the pool tables or turning them north and south and she said she would handle it.
Can't wait to see what we end up with and how many tables will be available. -
We received a report that the Sun City Anthem Board Secretary, Aletta Waterhouse, was in the audience of the Monday, September 3, 2018 meeting of the Current Events Club; that her reaction to the G2G and personnel discoveries were surprising; that she was unaware of any of this information.
IF that is true, we have one question of her.
WHAT ARE YOU GOING TO DO ABOUT IT NOW THAT YOU ARE AWARE OF THIS?
Besides Waterhouse, we would like to have a SWORN STATEMENT from each respective Board member AS WELL AS the restaurant's strongest advocate, the Board blogger, that HE TOO WAS NOT AWARE OF ANY OF THIS INFORMATION.
Is this not the job we are excessively paying a General Manager and her staff to uncover?
Was this known to her and WITHHELD from the community?
Perhaps a SWORN STATEMENT should be demanded from her as well.
All of this information was TOO EASY to obtain and should have been part of any proper vetting.
There can no longer be any excuse for such INCOMPETENCE.
Any of this information purposely withheld should be cause for IMMEDIATE resignation of of a member of the Sun City Anthem Board AND IMMEDIATE termination of employment of any individual in management.
Confidence in their competence is all but lost.
And now that all of this is public....
THE COMMUNITY SHOULD DEMAND THAT THIS QUESTIONABLE BUSINESS RELATIONSHIP IMMEDIATELY CEASE. -
From Robert Nusser...to...Anthem Opinions
IF Mr Tutera is NOT a resident/owner and thus not "entitled" to address the Board....it begs the question as to WHO introduced him to the Board.
That might be a very enlightening piece of information. -
From Marcia Kosterka...to...Anthem Opinions
It's been stated that the law firm handling the lease agreement is not our association attorney.
Who is?
I think we might be entitled to know the name of the firm as well as if there have been any past dealings with G2G and/or Mr. Tutera before we proceed with any formal lease signing.
Also, has there been any involvement with our association attorney and what have we been charged for all his legal services as pertaining to this entire ordeal to date?
Was he aware of any problems with Mr. Tutera and/or G2G that were discussed with management or the Board?
What advice was given as to proper vetting, if any?
I think our community is entitled to know the extent of his involvement. -
From Richard Inglefield...to...Anthem Opinions
To SCA BOD members and others,
Please review the following links which are a small sample of negative facts available on the web regarding G2G management.
After reading them, if you still think G2G is a restaurateur you want serving your family dinner, then I’ve got a bridge for sale.
Please consider the wants and needs of our community rather than your own vested interests; we don’t need any more grief. - https://www.juralindex.com/vincent-f-eupierre.html%C2%A0
- https://unicourt.com/case/ca-ora-national-equity-funding-inc-vs-vincent-f-eupierre-515645
- https://www.leagle.com/decision/infdco20120615a08
- https://www.pacermonitor.com/public/case/6965895/Vince_F_Eupierre
- http://omnimgt.com/CMSVol2/pub_46715/500534_160.pdf
- https://lasvegassun.com/news/1999/jun/10/rio-executive-quizzed-about-ties-to-las-vegas-pros/
- HOMEOWNERS, pay all SCA bills through our dues; how does a renter get any voice?
- We also pay all SCA management’s salaries through our dues; we are the real bosses here.
- As bosses, we have the right to know everything that’s going on, and demand transparency.The G2G fiasco could end up costing us a fortune; once again, we’d be left holding an empty bag.
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From Sherry Goldstein...to...Anthem Opinions
I thought Aletta was supposed to be so good at fact finding, as she stated when she first ran for the board. She couldn't find out any of the things about G2G or the people we are dealing with. Novices found out all the info in less then an hour.
Who is really doing any work in our community besides spending all our money and giving everything away.
We really don't need a restaurant that bad, remember the restaurant is a want, not really a need. -
Sherry,
Now you know why she had to be appointed by "The Machine" to the Board since she couldn't be reelected AND received over 40% of he vote to REMOVE HER FROM OFFICE in 2017.
Waterhouse's objection to the restaurant had nothing to do with voting against the restaurant itself.
She's always been in favor of one, but merely wanted yet another of her (yawn) work shops for some reason that made no sense after examining the lease provisions.
No one in their right mind should have accepted a lease that was so ANTI-COMMUNITY.
When it comes to Aletta Waterhouse, once a bureaucrat, always a bureaucrat...and her record defines the word as one of the best.
She has no business experience and until now, to my knowledge, rarely, if EVER, voted against THE MACHINE.
Let's not forget that she voted for all the other Board officers (Rex Weddle, Forrest Quinn, and Candice Karrow as officers) and both Weddle and Karrow voting to ACCEPT THE LEASE agreement and its "sell-out" provisions.
A leopard doesn't change its spots.
She's far from what we need in a good member of the Sun City Anthem Board. -
From Marty Greenblatt...to...Anthem Opinions
Very interesting and encouraging show of homeowner interest and engagement, but the question is how to translate that into definitive action and pressure on the Board to either withdraw from or materially renegotiate the deal. -
Marty, that remains to be see, but when it comes to being confronted with real truth and facts, if history repeats, they will arrogantly ignore them and proceed in the same way they always have....
...NOT GIVING A DAMN and sacrificing fiscal and now MORAL responsibility, in belief that the rest of the community will remain unaware of all these newest concerns.
Have you seen a single word on "The Bull Sheet" regarding this matter?
Of course not, the words "full disclosure" do not exist in his vocabulary as he will undoubtedly continue to HIDE anything that could negatively affect his disgraceful MACHINE's continued incompetence.
Unfortunately for him, the community is buzzing about all of this and his insulting followers are stymied as to how to react.
But...believe me, they will...
...in their typical ignorant and condescending manner once they've figured out a way to avoid the topic and instead direct insults toward those who have intelligently addressed it. -
From Chuck Anaya...to...Anthem Opinions
I believe that a large majority of residents are in favor of a restaurant and would like to see a place where they can conveniently enjoy and relax with friends at a great location which is currently unoccupied and not in use.
I believe that the Board has seen or experienced the many past failures from previous companies, learned from those experiences and willingly to apply a positive opportunity for G2G to succeed for the benefit of all residents. No risk but could be many rewards opportunity.
I believe that the community should support the restaurant and help it to succeed.
Positive reinforcement is the key to their success. Nothing gained by opposing an opportunity. -
Chuck, after all of this has been brought to the attention of the community, many of us would like to you explain how this in any way could possibly be looked at as "an opportunity" to your fellow residents, unless that opportunity is being defined as GETTING SCREWED !
My guess is that this would be the general consensus as to the value of your comment:
LOL -
From Bill Feeney...to...Anthem Opinions
Dick,
The question I have, isn’t this Tim Stebbins the same person that helped kill the deal way back when The Boulevard restaurant wanted to be the leasee?
Before it was opened as The Boulevard restaurant after being turned down here? Hmmm -
Bill..Bill...Bill.
Nice try, but we know who you are and what you represent to SCA....
...a proud minion of "The Bull Sheet".
The Boulevard Restaurant across from the South Point was there long before they wished to be considered by Sun City Anthem.
After speaking with the owner, it was his decision not to continue negotiations with Sun City Anthem, not SCA's.
He looked at the then Board as consisting of some of the most difficult individuals to deal with and realized that their demands were ridiculous.
Next time take your attempted assassination of Tim Stebbins elsewhere, where "your insulting kind" seem to appreciate killing the messenger, rather than looking at the issue.
That Dog Don't Hunt Here !.
What does Tim Stebbins have to do with the current restaurant lease other than writing the article that he took the time to research while you instead, sat on your duff,and did nothing other than look for a reason for people to distrust or dislike him?
By the way Bill, let's let the people know the REAL YOU.
Here's the post you made on the Berman blog last October.
You are obviously one of his followers who, like so many of his other minions, enjoy insulting anyone with an opinion who is capable of looking at the numerous problems that the MACHINE has caused over the years.
Next time spend your time on a blog who enjoys this kind of trash talk.
Here's Your Ode to Typical Insulting Stupidity" in your attempt to discredit me.
"I totally agree with your assessment of our problems and also think how it could negatively affect the decision of someone deciding to serve the community.
I’ve lived here for a little over 7 years and for 7 years the infamous blog you might be referring to has been run by a muckraking conspiracy theorist. For 7 years it seems us poor uninformed residents keep overlooking the rampant thievery and utter incompetence of some imagined “machine”.
Fortunately most people see this individual for what he is, a foolish wannabe reporter that has fortunately never, I repeat never, been correct or backed a winning person or cause in all the time he has been trashing well meaning fellow residents.
Hopefully now that he has caused the wasting of over $50,000 of our money he’ll feel embarrassed and quit being such a negative force in our wonderful community."
Posted by: Bill Feeney | October 29, 2017 at 05:22 PM
Bill, either address the issue intelligently (if capable) or go take your comments elsewhere to a land inhabited by those who consider condescending tasteless trash, entertaining or amusing. We think they serve no purpose. -
From Karen Hadrick...to...Anthem Opinions
To Mr. Nusser:
When you asked who introduced Mr. Tutera to the Board, were you referring to him speaking at the August 23rd meeting or initially as the BOD was looking for someone to run the restaurant?
I was conversing with a man sitting by me who asked me why I didn't think the restaurant was an amenity (Because being open to public is different than residents ONLY), and then did I think there were going to be carloads of customers coming up to visit the restaurant? (I told him no).
I thought he was just another homeowner, until he told me that he was "G2G".
I didn't know his name at the time, but he then got up and started speaking with another homeowner (who had been seated at one of the tables in front of the audience).
That homeowner then went up towards the entrance where copies of the agenda and comment cards were, and picked up two of them.
He gave one to "G2G" and completed the other for himself, and took both cards up to the general manager and handed them to her.
When the Member Comment Period came up, and names were being called, a David Berman rose to speak about the restaurant, and then suggested that it might be interesting to hear from G2G directly.
At that time, "G2G" approached the microphone and identified himself as Frank Tutera and gave an address. (I wrote it down, but possibly incorrectly, because no such number existed).
He then proceeded to tell the Board and audience about how they (G2G) were trying to help the association with a restaurant, and that they knew they weren't going to make a lot of money by doing so, and it would be a "learning" experience for them.
I am as surprised as you are that Mr. Tutera may not be a resident/owner, but I have to wonder whether Mr. Berman and/or the Board knew of that information when they called Mr. Tutera's name to speak.
Something just doesn't add up--surely someone had to know whether he was an owner or not--especially since the property managers were also present. -
Karen, it's more than obvious that Berman and Tutera are "tight".
After learning what we know now about both, does it surprise anyone that they wouldn't be?
Birds of a feather....
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Update:
The Sun City Anthem Board Passed
This Restaurant Lease by a Vote of 5-2
Those Directors Voting Approval
Rex Weddle
Arthur Lindberg
Candice Karrow
James Coleman
Patricia Carrell
Those Directors Voting Against Approval
Forrest Quinn
Aletta Waterhouse
Those Directors Voting Approval
Rex Weddle
Arthur Lindberg
Candice Karrow
James Coleman
Patricia Carrell
Those Directors Voting Against Approval
Forrest Quinn
Aletta Waterhouse
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Proposed Sun City Anthem & G2G
Restaurant Lease Highlights
How Does This Benefit
Sun City Anthem Homeowners?
Are Sun City Anthem Unit Owners being...
This is a compilation of the many terms proposed in the Sun City Anthem restaurant lease with G2G.
This information was taken directly from Sun City Anthem records.
We urge you to read these condensed terms and raise any issues with the Sun City Anthem Board of Directors with hope that a lease has not yet been signed before the unit owners have received proper clarification of its terms, which in a number of cases, we find disturbing.
To say the least, we were more than surprised to learn of a number of expenses Sun City Anthem residents will bear on behalf of a corporation worth $70,000.000.
Rent
$1 a year plus 4% of gross revenues which exceed $1,300,000 per year on a calendar year basis.
Operating Term
10 years
Opening date is December 31, 2018 (SCA clubs have the option
to contract with G2G for catering services prior to December 31, 2018).
Both parties are committed to this agreement for one year after which time the parties can make mutually agreed modifications.
After one year either party can cancel the agreement without cause with 60 days written notice.
Operating Hours
Open at least five days per week.
Restaurant’s operating hours are limited to SCA’s operating hours except for specifically negotiated times for selected events.
Beginning operating hours to be 11:00 a.m. to 10:00 p.m. without gambling and 10:00 a.m. to 10:00 p.m. with gambling.
Annual Operating Costs Paid by SCA
Utilities - Gas, Water & Sewer, Electricity, Trash, Telephone (4 land lines from SCA’s system) and Internet from SCA’s internet provider.
Personal Property & Real Property Taxes on SCA’s property
Linen Service – SCA will pay 100% of linen service for SCA events.
Advertising #1
SCA will donate Spirit Magazine’s back page for 12 issues per year.
Advertising #2
SCA’s will provide Weekly access to SCA’s web page, Eblasts and bulletin boards.
Advertising #3
Advertising & Entertainment allowance
SCA will directly pay up to $34,000 per year for entertainers and/or additional advertising.
Reserves
SCA pays the Reserve contributions for the repair, restoration or replacement of all SCA owned Restaurant and Restaurant area equipment.
Labor #1
Catering Setups – SCA will provide the labor to setup and dismantle chairs and tables only for catering events.
Labor #2
SCA will provide the labor, equipment and materials to vacuum, clean windows, general wipe down and professional carpet cleaning as needed.
Nightly janitorial service in the “front of house”
SCA will provide the labor, equipment and materials to vacuum, clean windows, general wipe down and professional carpet cleaning as needed.
Large screen TVs
SCA to purchase six (6) large screen TV’s for the restaurant area not to exceed $10,000 including professional mounting & installation.
Direct TV sports package (NFL games).
Food Issues:
Catering
LEASEE has exclusive catering rights for all three SCA centers.
Offsite Catering
LEASEE is allowed to provide offsite catering using SCA’s kitchen
Drop & Goes (food from other restaurants)
Not Allowed at any center with the following exceptions:
Vets Club; Health Fairs sponsored by GVR, Sunrise Hospital and HealthCare Partners.
Also, the New Resident Orientation and any other similar event (e.g., donated food) that SCA’s staff can identify.
Potlucks (Potlucks may be home cooked or store bought food.Alcohol is permitted).
Potlucks are not allowed at the Anthem Center, but are allowed at both the Independence Center and the Liberty Center.
Anthem Center Gallery Food
Residents are allowed to bring in light snacks.
SCA’s “Coffee Corner”
Will close during the Restaurant’s operating hours.
Sale of Gym Beverages & Snacks
Allowed
Employee Lunches from home or purchased offsite
Allowed
Anthem Center outdoor patio and pool food service--
Permitted if the City of Henderson approves.
Restaurant Equipment & Facilities at Startup
SCA to purchase a used pizza oven at start up in an amount not to exceed $8,000.
At the beginning of the lease
All SCA equipment provided upon startup will be in good working condition.
SCA will provide a clean restaurant and make minor repairs to walls, woodwork, chairs, tables, etc.
LEASEE to maintain equipment and maintain equipment repair records.
SCA to replace a piece of existing equipment if it fails (based on repair records, etc.)
LEASEE to purchase new equipment if they need something that isn’t already in SCA’s onsite inventory.
China, Glass, Silverware/Flatware
SCA will provide the existing stock to LEASEE.
SCA will provide breakage replacements to the above.
SCA directly pays vendors.
SCA will not directly reimburse LEASEE for SCA’s responsibilities listed above.
LEASEE Responsibilities:
LEASEE pays for their Liquor License.
The Liquor License will be in LEASEE’s name.
Except for limited janitorial services and labor for catering setups listed above, LEASEE pays all its direct and indirect restaurant payroll costs including payroll taxes, workman’s compensation and benefits.
LEASEE pays for all food & beverage costs.
LEASEE provides the time card system.
LEASEE pays for any security/alarms and/or cameras.
Gamimg
Gaming is permitted by SCA (It is SCA’s understanding that City of Henderson will allow up to five machines).
LEASEE pays for the installation, operating, servicing and maintaining and dismantling if necessary for any gaming machines.
LEASEE owns/retains any profits generated by the gaming machines and LEASEE is responsible for any losses.
LEASEE responsible for obtaining the gaming license.
LEASEE leaves, they need to restore SCA’s bar top to its original condition.
LEASEE pays for its staff’s cell phones.
LEASEE is responsible for the cost of providing advertising photographs, graphics and advertising copy.
LEASEE is responsible for appropriate insurance coverages based on SCA’s broker recommendations and then folded into SCA’s insurance contract at LEASEE’s cost.
LEASEE - In lieu of a security deposit, the restaurant tenant is required throughout the lease’s term to purchase property insurance to cover the cost of SCA’s property in the Restaurant space and name the Association as a Loss Payee. SCA to provide the tenant with that monetary figure for inclusion.
LEASEE is responsible for the point-of-sale system.
LEASEE pays for any signage.
LEASEE pays for all printed materials unless they elect to draw from their $34,000 entertainment & advertising Allowance.
LEASEE pays for any modifications to the restaurant unless identified specifically in the lease.
LEASEE will provided annual audited financial statements for SCA’s review prior to signing any agreement.
LEASEE will provide their monthly Nevada State sales tax and usage report no later than 10 days after the report is due to the state.
LEASEE leaves, they need to restore SCA’s bar top to its original condition.
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So...what's your take on this proposal that will likely be passed at the August 23, 2018 Sun City Anthem Board of Directors meeting?
PS...Don't forget that additional repair costs due to the grease traps that Sun City Anthem is ALSO likely to pass that day, a bid that will likely cost owners an additional $450,000.
We also suggest you "click" into this section of Anthem Opinions periodically during the next couple of days to see the various comments and concerns that others in the Sun City Anthem community will raise.
We also suggest you "click" into this section of Anthem Opinions periodically during the next couple of days to see the various comments and concerns that others in the Sun City Anthem community will raise.
Send your comments to:
scaopinions@gmail.com
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From Barry Goldstein...former member of the Sun City Anthem Finance Committee...to...Anthem Opinions
We are now in the business of CORPORATE WELFARE?
Someone please explain to me how this meets the definition of "A Prudent Businessman Decision".
Now we have to pay for the NFL Sunday Ticket and 6 TV's?
I just gave up my Sunday Ticket because of the kneeling issue.
I do NOT want to be forced to support the NFL!!!
Now we are also paying for their entertainment and advertising?
We need to form a group raise money and hire an attorney to fight this ridiculous decision.
How many of your readers are willing to put up $200 to stand up for our rights??
It should take at least 50 residents. -
From Jim Mayfield...Former 4 year member of the Sun City Anthem Board and Chairman of the Sun City Anthem Finance Committee...to...Anthem Opinions
1. Take a look at your hours of operations; I think you have the am & pm reversed in one case.
2. After first year, what are the requirements for either party exiting the lease or is SCA stuck with the lease for the next 9 years or face a law suit?
3. What happens to the equipment and other items provided by lessee if lessee leaves?
4. Can clubs and private parties bring in own food and caterers, and if so, what are the details?
If you start adding up the costs, SCA will be subsidizing the restaurant a minimum of about $250k per year plus other non-cash give-a-ways. The up-front costs will exceed $500k and have room to climb.
BOTTOM-LINE: All of us pay for a restaurant that fewer than 500 identified SCA residents want. -
From Favil West...former President of Sun City Anthem....to...Anthem Opinions
This is not a lease, it is a give-away of our assets.
Whoever "negotiated" this "lease " had no idea what they were doing. AND we elected them.
DOESN'T speak highly of our collective intelligence does it? -
I couldn't miss the fact that part of the "sweetheart deal" was proving DirecTV service to G2G newest restaurant; that the NFL package was included.
Most people are not aware that rates for home subscribers are far less than commercial rates.
The Board book was rather vague as to whether this cost would be included in the $34,000 per year entertainment and advertising expense clause; but when singled out, that would normally mean that the DirecTV costs would also be the responsibility of Sun City Anthem unit owners in addition to the other benefits.
If you as an individual purchased the NFL package, DirecTV would charge you approximately $300 per year in addition to your general services.
The rates for commercial purposes are very different and I contacted DirecTV to obtain a "ballpark" commercial cost for the service.
I found out that the package was based on the number of people who might view the games and that the Henderson Fire Marshall's maximum occupancy would be the number based on the package cost.
I do not know what the maximum capacity of the area would be, but in addition to the 6 large screen TV sets WHICH ALSO ARE BEING PAID FOR BY OWNERS (a maximum of $10,000), the annual package would cost unit owners $1,550 (for 1-50 people), $2,460 (for 51-100 people) and $5,000 for 101-200 people).
There would also be a one time installation cost of the 6 TVs of $200 and a monthly service charge for basic DirecTV service of $170.00.
Total cost for the service could then range from $3100 (if 50) to $4,500 (if between 51-100) and over $7,000 per year (for over 200).
So folks, unless I have somehow missed something, add all of this to the "freebies" granted in this insane lease agreement. -
From Barry Goldstein...former member of the Sun City Anthem Finance Committee...to...Anthem Opinions
Dick, the DirecTV clause is small potatoes.
If you read further into the lease, the association will add the restaurant to our liability policy.
Let me repeat this, the association will now be liable for any injury caused by a restaurant employee, any injury caused by negligence by the restaurant.
What about food poisoning?
I am not aware that our SCA policy covers food poisoning.
That would make each individual homeowner liable if someone gets food poisoning.
The board has decided that we need a separate liability policy for our clubs, but they are willing to add the restaurant to our policy?
Again, how does this meet the prudent businessman decision smell test?
Scammers will be lining up to take advantage of this fiasco. -
From Rana Goodman...to...Anthem Opinions
My comment to your post regarding the restaurant highlights:
I’m going to try my best to make it to the board meeting, not that my comments will change anything, they never do..
The very idea that ANY company who is “the caterer fo an event” and is charging the client using the venue for all things associated for that event, is “comped’ by their landlord, (SCA) for the room set-up, linen service, and $34,000 toward entertainment, is outrageous.
SCA charges $6 per for the use of table cloths,
Let’s say your daughter is getting married and you hire G2G to cater at Anthem Center.
You pay $50 per head for 200 guests to G2G; they will charge for everything including table cloths and set-up, take down etc....
...BUT SCA IS PAYING A GOOD PART OF THAT FOR THEM.
And what happened to loyalty, did anyone notice that The Cassidy Law firm has advertised on the back cover of the Spirit for years, now they are kicked to the curb for a free ad for the restaurant?
What’s up with that?
Don’t even talk to me about the $34,000 entertainment allowance.
I will go ballistic on you! -
From Yun Lee...to...Anthem Opinions
GAMING????
Anyone that allows gaming where profits go to the restaurant is crazy.
Gaming is HOW Village Pub can sell such Cheap Food in large quantities.
What are these guys offering?
This is the worst contract ever…good luck to the SCA resident who will, once again, be screwed and apparently don’t care.
Where is the representation by a qualified licensed attorney or realtor specializing in food and beverage representing the best interests of SCA?
Just who does the SCA attorney represent, SCA or G2G?
How sad, once again. Some things never change.
How does making a $70 million corporation richer by having gaming, change the atmosphere in Anthem Center with video poker machines? -
From Buddy Greenfield...to...Anthem Opinions
What kind of financial fools would even consider a lease where their own community is literally being sold down the river?
Let’s just send a check to G2G for $150,000 and do not open anything.
We can then save a boatload of money as compared to this robbery of association funds.
This arrangement is a disgrace; totally in violation of the fiduciary duties of each Board member who would vote in its favor.
If this lease is passed, Board members voting in its favor, should be removed and held personally responsible for the losses this imprudent decision will likely incur.
If an association attorney has advised the Board and/or General Manager that this is in the best interests of the community, he should also have a formal complaint filed against him with the Nevada Bar Association, as well as, immediate termination of his agreement with SCA.
To think that such an attorney is also the President of CAI to which thousands of SCA funds are contribute each year, should also raise a strong concern as to continuing our participation is this organization unless he is replaced by that organization as well.
Finally, if this lease is signed, not only will SCA incur thousands of dollars in losses year after year, but this Board will have done more to divide the community than any previous one.
They would be killing the spirit of our community, something they all know could have been avoided had this matter been placed to a vote of the community.
I would join Barry Goldstein with my $200 to hire an attorney in order to stop this madness. -
From Karen Hadrick...to...Anthem Opinions
Are you really trying to get my blood pressure up?
Why isn't G2G offering BREAKFAST during the week?
Wouldn't you think that since there are so many "Anthemites" standing outside the fitness center doors at 5 a.m. that after their strenuous workouts, they might want a delicious breakfast and coffee before heading home?
Do they expect us to drive all the way down the hill to the Denny's (where I always use my AARP 15% off card)?
There are so many other breakfast options halfway down the hill that I never make it down to the 215.
I hope many will be going to this farce of a meeting on Thursday.
I'm not sure if I will be able to go--but if I do, I'm liable to bring a giant box of band-aids for all the raw knees.
Don't you just LOVE all the drama???
After reading all of the freebies, this issue definitely needs a vote of the entire association. -
From Robert Lachford...to...Anthem Opinions
I don’t profess to be an expert on commercial real state, food service to Nevada law, but the proposed lease our HOA and G2G are considering is a joke.
The $1.3 million annual sales figure cannot be reached in a location like our club house, pushed well off 2 streets whose traffic includes little more than the residents and service people working in out community.
G2G ’s advertising seems geared 100% on residents, being all locally read items.
The $34,000 allowance for entertainment/adviertising our board likely does not include Barry Manilow appearances but a method for G2G to price flyers and the like at our expense.
The payment of their phone and internet bills is just giving them money., as is the free back Spirit coveralls which would cost us an advertiser.
The leasee will provide their own signs, so I guess the old Trumpets sign on the corner will read Denny’s, but lets be glad the city will likely not allow a flashing illuminated sign on the roof of Anthem Center.
I am assuming no lease has been signed, because so many obvious issues exist.
First, giving G2G an exclusive on catering could likely kill special outdoor events done by professionals like ethnic seasonal celebrations.
As to gaming, it can be an incentive for business, but in their hours, can a few bar mounted video machine generate appreciable income, and if they could, would it be considered gross food sales or “other Income” exempted it from possible rent payment (HAH) !!!
Regarding their liability insurance, has it been discussed, for instance if the establishment’s liability is limited to the actual restaurant, exempting them from responsibility if too much alcohol for example could cause a customer to fall on the floor rear the revolving doors , leaving us the claim?
The main problem is the lease itself.
First, there is NO SECURITY DEPOSIT., which is up front money paid to the landlord to provide some assurance that the tenant intends to stay. Giving it away forfeits this cushion.
The most disturbing issue is the length of the lease.
It is not a 10 year lease or even a 1 year with 9 yearly options, but a 1 year lease with 54 options of 60 days each, meaning either party can abandon it after 1 year, ant then after 60 day without cause.
If G2G decides after 1 year, they may say adios and leave sticking us with the tabs for all the new equipment, improvements and $450,000 grease trap repair (so I am told).
Actually, it they left prior to that, there is little we could do, as with so little to lose, we would have little basis for a loss of revenue suit, as they would not be paying rent.
Maybe they would not also stiff us by removing equipment like the last tenant.
So board members can look forward to new big screen TV’s in their dens, as they will possibly not be needed for vary long
Maybe common sense will prevail. -
From Marty Greenblatt...to...Anthem Opinions
I had a chance to go to the Board book and review the term sheet, which I found to be accurately and completely summarized,
Let me begin by restating, as we have previously discussed that I am “pro-restaurant” as a matter of general principle, believing that a well-run reasonably priced and attractive restaurant would be a convenience for SCA residents and potentially an amenity that would add value to the homes in the community.
That having been said, I am virtually speechless at the absurdly imbalanced proposed terms.
It exemplifies the old joke we learned as kids “heads I win-tails you lose” from the standpoint of the restaurant.
As a practicing business lawyer for over 40 years, who has negotiated hundreds of commercial leases, including many for restaurant space, the deal as set forth in the term sheet is incomprehensible and inconceivable from any landlord’s perspective, leaving me aghast and bewildered that it could even be considered.
I could go through it point by point if I had the time and energy, but you clearly get it.
If I were investigating the matter as a financial crimes detective, I can tell you that I would be looking very hard for any explanation as to why fiduciaries would even discuss such terms, let alone enter into a lease incorporating them.
To be entirely fair, I concede that I am new to this community, and having served on the Boards and as President of HOAs in California and in Massachusetts for a combined nearly 20 years, I realize that I don’t have the full context and history of this deal.
I know there were times that people without that knowledge looked at some of our HOA decisions and questioned why we did certain things the way we did, but I can conceive of no reason why any Board would do a deal on terms so blatantly contrary to the best interests of the HOA and industry-standard negotiated commercial lease arrangements.
I don’t know what, if anything can be done at this point to change the course of the Board’s action, but if a lease goes forward on these outrageous terms, homeowners may well wish to consult with qualified Nevada legal counsel to explore avenues for recourse. -
From Joe Fay...to...Anthem Opinions
The amount of money that the "new" restaurant will cost SCA is criminal.
SCA could hire a Manager, Assistant Manager, four full-time cooks (not chefs), eight full-time waiters or watresses, and four servers.
Serve lunch from 11am to 4pm, and call it a day.
The Coffee window could remain open until lunch time.
Payroll at $20 per hour including health insurance for an eight hour shift = $160 x 7 employees each day, not counting Manager and Assistant Manager = $1,400 a day x 365 days = $511,000 + an additional $50,000 for a Manager and $35,000 for an Assistant Manager, makes a grand total of $596,000 for salaries, if there was truly a need for that many employees to serve lunch, which there wouldn't be !
SCA could give some folks a nice paying job and serve a $10 lunch.
I guarantee the planned restaurant won't be doing a $10 anything, and will cost SCA a lot more than $596,000 a year.
An additional benefit would be that SCA wouldn't have to buy a pizza oven. -
From Rana Goodman...to...Anthem Opinions
Marty Greenblatt is awesome. -
Rana, recently we have had a number of very intelligent commentary from individuals.
My hat's off to Marty Goldblatt, Robert Latchford, Joe Fay, and Karen Hadrick, those who, in my estimation, along with veterans Jim Mayfield, Barry Goldstein, Favil West, and of course YOU for their input.
Each of you are the best examples of individuals who should be on the SCA Board of Directors.
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From Robert Nusser...to...Anthem Opinions
Sure wish the landlord I had all the years I rented space for my business showed such a complete lack of business acumen...….all those free 'bennies' would have come in handy. Alas the waste of our monthly fees will continue due to SCA Residents' apathy, and/or the 1% or so of the SCA population that feel the presence of a restaurant is a matter of life or death AND will pay any amount to have one.
My only question is: who's getting the kick-back from G2G (and, please, no sanctimonious replies......NOBODY would agree to such an arrangement unless (1) money was involved or (2) the lack of business acumen was worse than anyone imagined. -
Robert, for years the subject of "kick-backs" has arisen and I have never even considered anything other than incompetence or lack of relevant experience as the reasons for such stupidity; however, as time goes on, it's getting more and more difficult not to believe there isn't some kind of "funny business" isn't going on.
What is most concerning or should I say CONDEMNING, is that none of these details (which have obviously been in the works for some time), have never been fully disclosed by Sun City Anthem Management or the Board until Rana Goodman of Anthem Today and Anthem Opinions brought the situation to light.
All of this was "conveniently" buried in SCA records until they were discovered.
We couldn't help but notice that the topic was finally discussed elsewhere after the fact...by the Bull Sheet, who religiously attends meetings, takes notes and recordings, yet criticizes those who don't attend, but who in our opinion, likely DIDN'T WANT THE COMMUNITY TO BE AWARE OF THEM until he was pressured and literally forced to do so as a result of other publications making the community aware of the issues.
That...is how a MACHINE AND ITS DECEPTIVE COMMUNICATION OPERATIVES DO BUSINESS. -
From Elizabeth Breier...to...Anthem Opinions
I have been concerned for some time about the status of insurance for this fiasco.
Now is that it’s out:
“LEASEE is responsible for appropriate insurance coverages based on SCA’s broker recommendations and then folded into SCA’s insurance contract at LEASEE’s cost.”
...I am more concerned than ever.
If the liability insurance is part and parcel of SCA’s policy and there should be a lawsuit for injury or illness (I.e. food poisoning) at the restaurant, SCA (all of us) cannot claim “no involvement”.
We would rightfully be a named Defendant and on the hook.
If this were an outright lease arrangement where SCA had not made a financial investment and additionally carrying on-going expenses (as outlined) as well as including their liability insurance in with ours, then at least blame could be more squarely placed on the restaurant alone.
Virtually we have made ourselves partners in the business and opened SCA up to any and every claim and lawsuit.
Any attorney with half a brain is going to see the deep pockets and the position we have put ourselves in and go after SCA as well as G2G and we will not be in a good position to claim we have no liability. -
From Phillip Rosen...to...Anthem Opinions
How do you spell BULL SHIT?
ANSWER : SCA Lease with G2G -
Why is the Veterans Club an exception to the outside food delivery requirements?
Could it be that Director Arthur Lindberg, past president of the Vet Club, had anything to do with this exception?
Why has that Club been singled out for special consideration? -
From Jeff Sperber...to...Anthem Opinions
The fact that our Board, lawyer and GM, would even continue negotiations with G2G and come up with these ridiculous terms, shows they are completely incompetent and/or desperate to have a restaurant no matter the cost.
G2G will have no skin in the game with no security deposit.
We are giving them a fully operational restaurant with all the kitchen equipment, all the tables, chairs and a decorated interior.
Not to mention all the tableware and silverware.
The value of what we are giving them is in the hundreds of thousands of dollars.
On top of that they will NOT be paying rent, utilities, properties taxes, etc.
There are many commercial brokers that specialize in restaurants. Why have we not gone that route?
This proposal is an INSULT to all the residents of SCA.
I am sure there is a restaurant operator out there that would be happy as a pig in sh*t to lease a fully operational restaurant, without having to start with just the bare walls. -
From Jeff Karol...to...Anthem Opinions
Nowhere in this agreement do I see who is providing the KY jelly. -
From Yun Lee...to...Anthem Opinions
This contract is worse than anyone could imagine.
They have NEVER solicited professional help (Nevada licensed attorney and licensed commercial real estate broker Specializing in Food and Beverage).
A one page full disclosure of restaurant inserted in the Spirit asking for resident input should have been done, in my opinion.
Professional expertise with contracts has been suggested to the BOD for Fourteen years and all dismiss the importance.
You can’t fix stupid!
It saddens me to see the continuous repeat performances as SCA is a great retirement community BUT managed poorly. -
From Barry Goldstein...former member of the Sun City Anthem Finance Committee...to...Anthem Opinions
The Sun City Anthem Board today voted 5-2 in favor of implementing the lease with G2G.
Voting "no" were Forest Quinn and Aletta Waterhouse.
Kudos to the homeowners that stood up and voiced their opposition to the lease.
Kudos to Joan Roth, Vice Chair of the Community Lifestyle Committee, who outlined the issues that certain ethnic clubs would have, due to the exclusive catering agreement.
Now to my question, why are we folding the restaurant into our liability policy?
We went out and got a separate policy for our clubs because we were worried about the effect that club claims were having on our premiums.
I was told I was misinterpreting what was negotiated.
I responded with the lease terms that were posted on the board book say they will be folded into the association insurance policy.
Then I was told, that is a mistake, the restaurant will have their own policy, naming the association as additional insured.
Remember, these are the people negotiating for our community, that now say they made a mistake in what was posted.
Now we will have to wait to see what is actually in the lease once it is signed.
A number of people stood up to say, it was in their contract that there would be a restaurant at Anthem Center.
My question would be at what cost?
Hold on to your wallets folks if you think we are finished with the costs of this lease, there is a bridge in Brooklyn for sale.
I wonder how many of the people that were in favor of this lease would sign it if it were just their own money was at risk? -
From Buddy Greenfield...to...Anthem Opinions
About 10 people spoke up at the meeting today expressing their objection.
They were ignored.
The board passed the most expensive deal to all our residents that we can imagine.
This just makes me sick.
Why can’t we get some normal people to run for the board and turn this train in another direction.
Get prepared for a dues increase.
This restaurant company took us to the cleaners….that is, all of us were taken to the cleaners.
They knew that the board wanted the deal at any cost….and they got it.
I for one will never step foot into the restaurant if it does open as they plan.
This community just continues to sit back and continually get screwed.
If you feel the same as I do, I would suggest spreading this information to those you know. -
From Mary Ann Urbanski...to...Anthem Opinions
This outrageous restaurant lease is just plain "NUTZ".
There goes YET ANOTHER SCA restaurant down OUR drain! -
On the bright side Mary Ann, at least all the wasted money will be going down the $323,140.40 NEW drains the Association has to spend to replace them. It will make it a lot easier to see the dollars float.
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From Robert Latchford...to...Anthem Opinions
Since attending the August 23rd HOA meeting, I am still trying to understand how a group of supposed community individuals could sell a tainted bill of goods on the dues paying homeowners which whelks render nothing to gain and potentially much to lose.
Being disappointed in the rather sparse turnout ,it seemed that the reason was that fact that our HOA did not make a concerted effort to let the residents know the restaurant was still an issue.
Many of my neighbors in the area thought it was dead in the water to almost anyone hearing the news at the early August meeting.
However, it seems if 7000 homeowner opposed to the restaurant voice their negative opinion, the outcome would not have changed as the board was bound to railroad it through come hell or high water.
It is not to point out the fallacies that were obvious to the untrained eye, but to note that the G2G people assumed that they were dealing with a team of hayseeds rather that professions managers, and used their inexperience to squeeze all they could in all likelihood.
This was far from G2G’s first rodeo, as they are a privately held LLC with annual sales of $70 million, derived mostly from ownership, all or in part, of Denny’s and CoCos’ franchises.
Giving them a basic turnkey lease for 1 year, NO SECURITY DEPOSIT, $34,000 for advertising plus the back cover of Spirit magazine (throwing an attorney under the bus after thousands he paid over the years) , a galley fully furnished in new or repaired appliances, all the china, glasses & utensils needed, up from 6 big screen TVs, free linen service, and a biggie- exclusive food service AND catering rights throughout the 3 halls.
Many objections to the catering arrangement were voiced although many more probably will surface.
One lady considered renting one of the Anthem halls for a wedding reception, but use her own caterer- not allowed.
Another stated the some heritage clubs (Chinese, Jewish, etc) have food brought in to their meetings reflecting their culture. Gotta use G2G cooks.
An early riser who exercises early morning would like in house breakfast- Sorry lady open at 11 AM)
One resident holds meetings for many volunteers and for their service has pizza brought in for them- No more .
As to the catering rights, G2G will also have the right to use our equipment to prepare outside catering jobs, outside of anthem and any revenue from such not used to calculate sales for potential rent obligations (which is an unachievable figure anyway)
The same to apply to any gaming revenue.
The worse is that none of this can come about until we shell out $323.140.40 to repair replace sewers and grease lines, various drains and sinks.
Trying to sell this travesty, one board member stated that the lease only is for 1 year with 54 options of 2 months cancellable by either party.
We would still be suck with all the money spent on purchases and improvements .
How about the TVs?
Ii would like commend board member Forrest Quinn, who through his experience and/or common sense by stating it was a bad deal and that he was not involved in its negotiations and cast one of the 2 dissenting votes.
THANK YOU FORREST.
It sure looks like a go, regardless of wishes of the community, but G2G backed out twice.
Wisdom from Yogi Berra tells us “It ain't over till it’s over". -
From Patricia Yeamen...to...Anthem Opinions
Please tell me this new proposed lease agreement with G2G is someone’s idea of an ill-fated joke!
It is like the Board members who voted for this new contract are thumbing their noses at our residents and saying, “I’ll show you!
You want a restaurant—we’ll give it to you!”
They’re giving it to us, all right! But it isn’t a responsible contract with a potentially successful restaurant!
They’re giving us the SHAFT!
Dick, I’ve been reading all the responses to your information on the Board’s idea of a financially responsible lease and another attempt at a restaurant here in Anthem.
The responses have been from intelligent, educated, experienced residents, who appear to know and understand the financial disaster this new contract could (and most likely would) create.
I only wish those people were willing to step up and run for Board positions as they come available!
We desperately need responsible Board members who are willing to serve the best interests of our community residents—to serve with integrity and loyalty to the community, not their own self-serving interests for whatever kick-backs or other perks they may be receiving.
Certainly most of our current Board members are NOT serving for praise and respect from our community!
Anyone with even the slightest amount of intelligence and common sense could not praise and respect those who would enter into such a despicable, ridiculous contract as the one with G2G!
Aside from the totally irresponsible, expensive, community-dividing contract as stated with G2G, the sad part about this contract is that anyone with a limited amount of business experience or education can see the potential financial disaster this contract could cause our HOA!
I would love to have a small coffee shop in our Anthem facility where I could go for a sandwich or piece of pie or light dinner after cards, or exercising, but NOT under the conditions as set forth!
I’d love to take a short drive up to the restaurant on any given day or evening for a reasonably-priced meal, but NOT at the risk of having this ridiculous contract cause financial loss not only to our HOA, but to the individual residents of our community!
Some of our residents are just barely getting by on sparse income now, and the increase in dues that would certainly accompany this contract could cause a serious financial hardship to these residents.
This community has not been advertised as a “wealthy” community or a community for wealthy and financially secure residents who love to throw their money out the window, if they choose!
We are a community of seniors from various financial, racial, ethnic, and religious backgrounds!
The amenities were originally designed for ALL residents—not those who have money to spare and to waste on the whims of a financially irresponsible group of people who sit on our Board and claim to be making responsible decisions for the good of the community. To that, I say, “Bah Humbug!”
I literally get sick just thinking about how our Board takes such pride in sticking knives in our backs!
But how can we get them off their “high horses” and stop the insanity?
Please, residents, let’s DO something to stop the merry-go-round and get us headed down a straight, responsible path! -
Pat,
You certainly can add your comment to the "intelligent" list. -
From Karen Hadrick...to...Anthem Opinions
To Mr. Nusser:
When you asked who introduced Mr. Tutera to the Board, were you referring to him speaking at the August 23rd meeting or initially as the BOD was looking for someone to run the restaurant?
I was conversing with a man sitting by me who asked me why I didn't think the restaurant was an amenity (Because being open to public is different than residents ONLY), and then did I think there were going to be carloads of customers coming up to visit the restaurant? (I told him no).
I thought he was just another homeowner, until he told me that he was "G2G".
I didn't know his name at the time, but he then got up and started speaking with another homeowner (who had been seated at one of the tables in front of the audience).
That homeowner then went up towards the entrance where copies of the agenda and comment cards were, and picked up two of them.
He gave one to "G2G" and completed the other for himself, and took both cards up to the general manager and handed them to her.
When the Member Comment Period came up, and names were being called, a David Berman rose to speak about the restaurant, and then suggested that it might be interesting to hear from G2G directly.
At that time, "G2G" approached the microphone and identified himself as Frank Tutera and gave an address. (I wrote it down, but possibly incorrectly, because no such number existed).
He then proceeded to tell the Board and audience about how they (G2G) were trying to help the association with a restaurant, and that they knew they weren't going to make a lot of money by doing so, and it would be a "learning" experience for them.
I am as surprised as you are that Mr. Tutera may not be a resident/owner, but I have to wonder whether Mr. Berman and/or the Board knew of that information when they called Mr. Tutera's name to speak.
Something just doesn't add up--surely someone had to know whether he was an owner or not--especially since the property managers were also present. -
Karen, it's more than obvious that Berman and Tutera are "tight".
After learning what we know now about both, does it surprise anyone that they wouldn't be?
Birds of a feather....
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Dick,
Just so you know, the HOA, that is the unit owners, are responsible for paying this fine.
When I was on the Commission we fined two board members and the HOA of Coventry several thousand dollars only to learn that the HOA was responsible to pay the fine.
That was the law then and I suspect it hasn’t changed. This is what an attorney can get you in to.
It should be noted that when John Leach was our attorney, we never faced this problem as he was the expert in NRS-116 and kept us out of litigation. He also billed fairly for his work.
For the record, he was not then and is not now, a litigator. But then smart HOA”s never find themselves in litigation.
To have two attorneys at a Commission hearing seems to me to be a a bit of overkill; that is, if both are being paid.
But then what do I know, I only served 3 years on the Commission hearing more than 20 cases during that time frame.
If they followed the rule of thumb, I wouldn't be surprised if the HOA was billed as many hours for the preparation as the actual appearance!
A Board under siege is an HOA lawyer's dream!
How about them apples !
Are you out there, Nona Tobin ?????
Where did this board find this guy?
He certainly has a way to go through life appearing to connive and cheat folks.
This guy needs to be dealt with now.
As the old saying goes “The 90% or so slippery attorneys give the entire legal profession a bad reputation”, my not be entirely true, but Tim Stebbins’ report leaves little doubt that our BOD drew the short straw by choosing this shyster to represent “us”.
I believe it was done on the recommendation of our community manager, which confirms my thoughts regarding her commitment to our community.
It seems upon reading of our skyrocketing legal costs, one must speculate on where the ideas the Board allegedly comes up with, benefiting our “legal advisor” financially.
I am referring to issues like ballots in a recall election by a high cost accounting firm, larcenous collection fees for overdue HOA dues, bIlling generously for representation at a hearing by the NRS ombudsman which I believe are designed to be held to eliminate expensive litigation, and any other situation where billable hours could be exploited to the fullest.
Now, I see the clowns have been let out of the phone booth, with another run at a restaurant in our recreation area.
I suspect the argument we may face about the promise for a restaurant being in the CC&Rs.
The CC&Rs, as previous noted state “try” to provide such.
Are past failures not conclusive?
Besides, we do have a restaurant in Buchman’s. Though not provided by the HOA, it is encompassed within our geographic boundaries, so should pass the test for serving residents and others.
The comments made by Rana Goodman are interesting, as to writing a disclaimer on the ballots to be sent out, to reject any subsides to the proposal, but with a gut feeling the law firm may have a hidden voice in this,
Possibly being able to nullify a defaced ballot, and I feel that we, as homeowners have no legal representation.