Sun City Anthem

Wednesday, February 8, 2017

Sun City Anthem Departing Board Member Advises Residents...Look to Relevant Experience During Upcoming Board Election

Exiting Board Member
Sees Critical Need for
"The Right Stuff"
in
Sun City Anthem Board Seats

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After serving two terms on the Sun City Anthem Board of Directors, Jim Mayfield has determined that the "baton be passed" to others...

...but...

..he warns...

Make sure the right people are chosen, because those previously elected, are far from what should be expected in a qualified representative.

From Director Mayfield, here are his comments as he prepares to leave the Sun City Anthem Board.

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Plea for Qualified Board Candidates

The last six years, it has been my privilege to serve my neighbors in SCA as your representative on the SCA Finance Committee and on the SCA Board of Directors. 

As I announced two years ago when I sought a second term of the Board, I will not seek a third term on the Board. 

But, during the last six years I have learned much about the importance of being involved in the governance of SCA and issues affecting our community. 

I want to share with you my thoughts regarding the reason that the next Board will be instrumental in making decisions that will have long-term, significant impacts on our quality of life, the cost of living at SCA, and the value of our homes.


Issues

The Restaurant

The Board seated in May will be responsible for determining the future of SCA’s restaurant.  

Since achieving owner control of SCA, multiple approaches have been implement and failed to create a restaurant operation that serves the need of SCA residents at a cost that does not require subsidizing a restaurant.
 
My assessment is that the failures are attributable to two factors. 

1.  The desires of the community have not been heeded in the development of a concept for the restaurant. 

2.  The economics of the restaurant have been repeatedly analyzed and proven that a restaurant cannot be operated without a substantial subsidy. 

Another attempt to disregard the desires of the market or the financial realities of operating one at SCA will lead to another costly failure. 

Various personal agendas and schemes that attempt to overlook the realities of a restaurant operation must be disregarded.  

The members of the Board must have the resolve and business acumen to work through the restaurant issues.


Governance Under Self-Management

The transition of management operations is being successfully navigated.  

But the Board has failed to address the issues of needed changes to governance. 

Board governance functions include:

1. Appointing, defining expectations, supporting, and assessing the performance of the General Manager.

2. Establishing policy and strategic plans.

3. Oversight of financial and physical resources.

4. Fiduciary accountability for the organization.

5. Communication with unit owners.


No process has been established for oversight of the General Manager. 

The Policy Manual and other Board controlled governing documents have not been systematically reviewed and changed to address the realities of self-management. 

The promised financial benefits promised from self-management have not been achieved. 

Compliance with state law is often ignored.

Communications with residents lacks transparency, completeness, and easily understood content.


Board officers, particularly the president, often make decisions in secret meetings and without the participation of all Board members or input from committees. 

The General Manager is frequently asked to perform governance functions that are the responsibility of the Board.


The Liberty Center Construction Defect Law Suit

The next Board will oversee the legal and financial aspects of the Liberty Center CD litigation. 

Frankly, the cost of correcting the construction defects at Liberty Center spiraled in 2016. 

The legal technicalities require Board members with management experience of legal affairs. 

If the litigation and probable settlement are not handled properly,


Homeowners at SCA will be embroiled in multiple law suits, including the right of the Board to pursue the Constrution Default lawsuit. 

If the issue is not handled properly, SCA homeowners could end up with the tab, which I believe will likely exceed $1 million.


Strategic Planning

No process has been developed for long-term, strategic planning.

The lack of a long-term plan results in year-to-year operational financial planning. 

The absence of strategic planning also results in failure to establish legally compliant reserves that balance the needs to provide adequate reserves without creating excessive reserves that burden existing owners with cost that should be provided by future owners.


Summary

As of today, my assessment is that an inadequate group of qualified candidates have offered their service to SCA. 

Waiting for someone else to step forward will result in negative consequences for everyone. 

I am concerned that without better candidates, inferior Board members will be elected and that the transition to self-management will not meet the expectations of SCA homeowners, the long-term cost of SCA assessments will increase unnecessarily, and homeowners will be uninformed on issues on which they deserve information. 

Over the next few weeks, I will post traits critical to serving on the SCA Board and questions you should ask of the candidates. 

For now, I ask the many members of our community with excellent backgrounds and previous service on Boards to please apply for a seat on the SCA Board.


Jim Mayfield
Director
Sun City Anthem Board
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We at Anthem Opinions wish to point out that this is the FIRST time any Board member has shared thoughts as to the future of Sun City Anthem while preparing for retirement from the governance of our community.

We have long advocated the importance of choosing COMPETENT and QUALIFIED individuals to care for the financial well-being of Sun City Anthem, but unfortunately there have been elements in the association who have ignored those needs...leading us to the position we now face as a community.

Do we see changes taking place in our community governance? 

Sadly, we DO NOT.

Why?

Because of those individuals who have met secretly, chosen candidates of their own incompetent mind set, and in cooperation with other independent community communications, have, through their own INCOMPETENCE and LACK OF RELEVANT EXPERIENCE, lead the residents of Sun City Anthem down a path that has resulted in the problems we currently face...

...and rather than acknowledge those failures, constantly look for avenues to "sugarcoat"THE TRUTH by committing act after act, so notably explained in the discourse provided to us by departing Director, Jim Mayfield.

He will be sorely missed and forever be known as the "voice of reform"...

...a voice rejected so often due to the insecurity of those whose relevant knowledge of financial matters, have proven far INFERIOR to his.

We sincerely thank and salute you Mr. Mayfield....on a "job well done" !

You sir, did have...

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Have a comment?

Send it to us at:

scaopinions@gmail.com
  1. From Jerry Lafavor...to...Anthem Opinions

    I have lived in the Anthem community for 16 years. I have always thought of the restaurant as an amenity and as such, realize it probably needs funding.

    However,I truly believe a "Denny's" type restaurant is what is needed.
  1. From Mike Vail...to...Anthem Opinions

    Sad to say Dick, I'm in a SELL NOW mode...
  1. From Robert Nusser...to...Anthem Opinions

    I'd like to thank Mr. Mayfield for his efforts over the years.

    Unfortunately, if history is any indication, he likely MAY be replaced with yet another incompetent.

    As stated by the comedian Ron White: "You can't fix Stupid"

Great Valley Dining Options as we approach Valentine's Day


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CLICK HERE for Full information

or
 
Click on our Information Page:
 
 
 "Dining Bargains for Sun City Anthem Residents"

Monday, February 6, 2017

Resident Pursues Legality of Sun City Anthem Construction Default Litigation

Sun City Anthem Resident
Fires Back
at
Community Manager
for
Construction Defect Litigation Response....
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Demands Legal Accountability 
from
Sun City Anthem Board of Directors

On January 30, 2017, Sun City Anthem Resident, Nelson Orth, sent an email to the Sun City Anthem Board of Directors that summarized his views and that of the Nevada Attorney General regarding the construction defect lawsuit action against Pulte Homes of Nevada.

Here is that original article on Anthem Opinions that included the original email:

He received a response...but soundly disputes that email....essentially asking the Sun City Anthem Board, General Manager, and Association Attorney...

...Prior to our filing legal action....

Did you Check your Information with the Nevada Attorney General as I did ?

With the permission from Sun City Anthem, Nelson Orth, we have published the recent email he sent to the Sun City Anthem Board of Directors. 

...and we send him our thanks for pursuing this matter on behalf of the unit owners of the Sun City Anthem Community Association.

Anthem Opinions Administration
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Members of the Board:

First, I would like to respond to the Community Manager's response to my email of January 30.

The specific question of whether language such as "Unless the declaration provides otherwise..." is required or not required in NRS 116.31088 in order for the governing documents to be controlling needs to be answered.

The answer is NO.

The governing documents are controlling over NRS 116.31088.

The Community Manager raises other issues, but they are all mute since there is no question that the CC&Rs take precedent over NRS 116.

Second, what do I care what John Leach thinks.

If he doubts the veracity of what I reported or what Ms. Jackson said, why doesn't he call Ms. Jackson, and ask her what she said.

Or why doesn't anyone of you take 10 minutes and call?

Or why doesn't someone from management call, and discover the truth instead of insinuating that I am either lying or do not know what I am talking about?

Third, your argument is not with me or Ms. Jackson.

Your argument is with Michelle Briggs, the Attorney General of the State of Nevada representative to NRED, and considered the most authoritative and knowledgeable person in the state on NRS 116.

She is the person who affirmed the words Sharon Jackson provided to me.
If you are so sure that I am wrong and John Leach is correct, then I challenge you to call or meet with Ms. Briggs, and explain your version of the law to her.

Moving on - as you continue to argue with me, the dollar count continues to mount.

I know that the mailing cost for one mailing to homeowners is around $2600, and homeowners have received two letters on this subject.

Does this include the cost of envelopes and other associated materials?

We do know it does not include the many, many hours that have been, and still continue to accumulate?

Only you (maybe) know how many hours have been devoted by staff, lawyers, and others in pursuit of achieving the right to litigate.

This spending is the height of hypocrisy. 

You have raised our assessments by 10% for 2017 with the possibility of another 10% for 2018. Yet you continue to spend our money like there is a never ending supply.

It is my opinion that you are trying to sue Del Webb/Pulte in order to cover up the inappropriate actions and behavior of past boards.

And you need a scapegoat.

If you were going to sue, why not sue FSR?

They were responsible, under the oversight of the board, for the maintenance, repair, and upkeep of Liberty Center.

Did they perform a quarterly or semi-annual inspection of Liberty Center?

Do you have those reports from the past seven years?.

Or does the prospect of having to explain why no independent audit of the payroll exists, or why SCA overpaid RMI/FSR $2.9M during the years 2009 through 2013 bother you.

You have 8 days left before the Intervention Affidavit (I.D.)  is mailed.

Nelson Orth
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Have a comment on Mr. Orth''s email to the Sun City Anthem Board?

Let us know.

Send you comments to:

scaopinions@gmail.com
  1. Mr. Robert Nusser...to...Anthem Opinions

    FINALLY - someone with both the knowledge AND fortitude to confront the misinformed arrogance.

    1. From Mary Lee Duley...to...Anthem Opinions

      Good for you, Nelson. I don't always agree with you, BUT your research is excellent and you hit the nail on the head.

      Call the Source!

    2. From Mike Vail...to...Anthem Opinions

      SCA Members thank You Mr. Nelson Orth for your efforts in the Construction Defect issue.

      Much Appreciated..

    3. From Laura Shapiro...to...Anthem Opinions

      Thank God someone is finally taking action.
      ReplyDelete
    4. From Valerie Lapin...to..Anthem Opinions

      Is the manager worth the money being paid?

      Is she controlled by the Board?

      Who does she have to listen to - the Board or property owners?

      Are we better off or worse off with her here?

      Are any decent people running for the Board this year?
    5. Valerie, in my personal opinion, this one is a no-brainer.

      1. Absolutely not.

      2. Absolutely so.

      3. Verdict still out, but when it comes to "guidance", this current Board is incapable of guiding a kindergarten class.

      4. As of today, not a single person has declared; however, it appears that both Carl Weinstein and Rex Weddle will both be running for re-election. There is a rumor floating around that a former Finance Committee Chairman, Forrest Quinn, will throw his hat in...a good man...but...unfortunately there will be little if any change in 2017.

      Amazing the affect incompetence can have in a community, isn't it?

      A situation with 7,144 unit owners, and with a the filing deadline 3 days away, not a single person has come forward.

      Thank you Unity Party, your descendents, and most of all, one blogger who has recommended EACH AND EVERY ONE OF THEM; one blogger who wrote a disgusting and malicious piece about a previous candidate's supposedly "hating women", and a third blogger who felt it his "duty" to reprint that garbage.

      Of course the ultimate blame can only FALL on the STUPIDITY OF THOSE who chose to believe them.

      My 2017 prediction as a result of the above factors...

      ...even if there is a Board election, this will be the lowest number of votes cast in the history of Sun City Anthem.

      Congratulations to all of those above named parties for assisting in the nightmare we suffer today.
  1. From Dorothy Yu...to...Anthem Opinions

    Thanks, Nelson. This is worth keeping in my collection.
    1. From Barbara Sidary...to...Anthem Opinions

      I know that we have to pay for "expert's" opinions whether we go to court and win or don't go to court.

      Any idea how much we have spent on expert opinions to date?

      Also if we have taken any depositions, we are also responsible for those costs.

      This doesn't even take into account the cost of the mailing that didn't even count.

      Would be nice if we could be kissed before we get screwed.
    2. Barbara,

      I have tried desperately to find out how much we've spent on "expert" opinions. No one will provide the total costs we've paid to date.

      Regarding depositions, they are paid at the end of the case...if we win or settle.

      For example, let's say we settle for $300,000 (this number is completely out of the air), because the $1.5 million is a joke.

      No way will that total be paid or be considered as part of the defect. We have already paid $1.9 million and still more bills to come. That's the amount we've paid to date to literally renovate the entire Liberty Center.

      Only a fraction of that could be deemed as a "construction defect" in my estimation.

      So, using my example, if the total settlement is $300,000, one-third comes right off the top and is paid to the attorney, or in this example, $100,000.

      From the remaining $200,000, the lawyer "costs" are then deducted (our depositions and well as copies Pulte would take, mailings, expert witness fees, filing costs, etc. So let's say that amounts to another $100,000.

      We subtract that amount from the remaining $200,000 after the legal fees, and that's we WE GET.

      In this example, $100,000.

      That's if we settle. It if goes to court, the normal attorney fee is 40% instead of 33%.

      What this board has no concept of, is the "fun" they will be going through in the next few years.

      Depositions that are scheduled, will be canceled, then rescheduled just to name one.

      Keep in mind there is no incentive for the Pulte to settle anything. Their pockets are as deep as the Pacific Ocean, and perhaps, during the process some of our former Board members who will be deposed, could DIE.

      Now, if it does go to court, and we win...Pulte would probably appeal.

      If that takes place, a reduced settlement would likely result.

      Why? Appeals cost BIG BUCKS !

      Because appeal law is "pay as you go" or in other words, attorney fees that would probably be between $600 to $700 per hour. No more contingency at that point.

      Now...while all this goes on, EVERY PERSON SELLING A HOME, MUST DISCLOSE THAT THE ASSOCIATION IS INVOLVED IN A SUBSTANTIAL CIVIL ACTION THAT COULD RESULT IN UNIT OWNER ASSESSMENTS.

      This is no game, Barbara, and if the litigation goes forth, these proponents don't have any idea how much of their remaining years on this earth will be spent on it !

Sunday, February 5, 2017

If You Can't Catch a Thief...Try Fooling the Him (or Her)

Many of our readers know Forrest Fetherolf, our Mr. Fix-It, who has always been there when someone is in need.
 
What most people do not know is that he is also the owner of nine properties in Sun City Anthem and numerous others in the Las Vegas valley.
 
...and...as a landlord...
 
...security it right up there on his priority poll when it comes to managing his various properties.
 
Forrest has a great idea that has proven to be useful, and we thank him for sharing this article with our readers.
 
 
Fooling a Thief
 
burglar-peeking-window.jpg (800×533)
is
Better Than
No Security System at All !
 
by
Forrest Fetherolf
Mr-Fix-It
 
 
 
or
 
Click on our Information Page
 
"Keeping Our Neighborhood Safe"

No More "digging" with a Tweezer

 Remove a Splinter
with
Baking Soda

or

See our Information Page...

"Why Didn't I Think About That ? ....Tips"

Saturday, February 4, 2017

Recent Sun City Anthem Email to Residents Explained

Sun City Anthem Board Member
Jim Mayfield
Answers Resident's Questions
Regarding Disturbing Email Sent to Residents

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Thanks to the persistence of resident, Mary Lee Duley, we have some clarification as to the questions raised regarding this eblast sent to Sun City Anthem Residents on Thursday, February 2, 2017.


 SUN CITY ANTHEM 

A Board of Directors emergency executive session has been called for Friday, February 3, 2017.  Below you will find the official agenda for this meeting.
MEETING OF THE BOARD OF DIRECTORSFebruary 3, 2017 – 08.30 AM 3770 Howard Hughes Pkwy #300Las Vegas, Nevada 89169
 EMERGENCY EXECUTIVE SESSION AGENDA

1.             CALL TO ORDER                                         
2.             ESTABLISHMENT OF QUORUM                                         
3.             LEGAL
A.      Possible motion on pending legal matter (Citimortgage).
B.      Possible motion to release legal opinion related to Liberty Center.
     4.            ADJOURNMENT
Next meeting – February 23, 2017 at 9:00 AM


Sun City Anthem Board Director sent two emails to Mrs. Duley to assist the clarification of these matters.

Mr. Mayfield has allowed Anthem Opinions to publish the two correspondences sent to Mrs. Duley.

To both of those individuals, we thank you.
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"Citibank matter.  

Like other associations, we have been involved in a long standing dispute with many banks who have not kept assessments current on properties to which they have title or are delaying taking possession of properties in default. 

The judges in Nevada are still all over the map on the rights of an HOA versus a bank on the technical rights of HOAs versus banks. 

This is a routine matter and is handled in executive session because it is a pending legal matter. 

Emergency meetings are called on this subject when the SCA attorney requests direction between normal meetings.

The matter of the release of legal opinion on the Construction Defect legal action is in response to an issue I brought to the Board. 

My long-standing position is that SCA's practice of not releasing all legal opinions is a violation of state law and lacks transparency. 

Unless a matter is in litigation or probably will be in litigation, I do not believe the opinions shouldn't be disclosed, particularly on matters on which SCA owners are asked to vote. 

Not sure how this one will play out, but at least I want to be on record that the issue was addressed."

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"I have repeatedly objected to the over use of emergency sessions because I believe that they are illegal if not STRICTLY in compliance with the limited list of the type of issues that are allowed at an emergency meeting. 

This morning, Mr. Weddle supported me on the point that the discussion of use of attorney client privilege and the release of the legal opinion related to the Construction Defect litigation was not appropriate at an emergency meeting; so, the item was not discussed but deferred to the regular meeting in February."
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Got a comment?

Send it to us at:

scaopinions@gmail.com
  1. Why is it that an individual resident has to make requests to ask such questions?

    Are we not paying an individual $260,000 a year to do this ?

    Perhaps either she, or whomever she has appointed to do such communication, should take a class in how to communicate with people...because it is more than obvious, that person or persons lack communicative skills.

    This is not the first time confusion has resulted form such published memos, and if any of the existing board members are capable of looking at the situation without "genuflecting" before her, it's time to look at reality.

    Are we getting our money's worth with self-management, or is the "honeymoon" over and reality beginning to appear?

    We are beginning to wonder !

    It's been over a year, and no one had divulged the TOTAL FINANCIAL EXPENDITURES MADE in 2016 as compared to those in 2015 (before this new GM took the reigns) in order to determine whether this concept has been effective.

    ...and we're not double talking like some have, regarding how much has been saved over the former management company...

    ...we're talking about TOTAL BUCKS SPENT ON EVERYTHING between 2015 and 2016.

    As a matter of fact, what has taken place is a 10% increase in association assessment at the same time this new GM received a $10,000 raise PLUS a $20,000 year end bonus.

    So...as the famous line in the Tom Cruise movie states...

    https://www.youtube.com/watch?v=RNPuJZW0GT8

    SHOW ME THE MONEY !

    Special thanks to Jim Mayfield, for being the ONE Sun City Anthem Board director who has taken the time to clarify and decipher such muddled reporting.

    What a shame this man will not be running for reelection.

    In my opinion, this community has never had a more intelligent and experienced leader on its Board of Directors.

    ..and..the saddest part...

    ... for being such a homeowners advocate, is constantly criticized and alienated by the remaining members of the SCA Board whose combined intelligence and experience in handling the financial matters of $9,000,000 million per year...

    ..couldn't fit in a thimble !
    1. From Robert Nusser...to...Anthem Opinions

      Why is it that an individual resident have to make requests to ask such questions?

      Because there is NO transparency, the HOA Board members act like we are their serfs.

      After all the dirt last year (ex. the cost of hiring Seddon, the restaurant bad loans, The Liberty Center, etc.,) the residents STILL voted for the same old same old.

      What does that say about those residents ?

Wednesday, February 1, 2017

History...The Key to Appreciating Our Future

A special thanks to resident, John Schmidt, for sharing this trip down "Memory Lane"

Children of the '30s
"The Last Ones"
 
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by
 
Carl D. Peterson
 
 
Or
 
Click on our "Information Page"
 
"History & Holidays"

 

What's Going On "Down the Road" in February


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or
 
Click on our Information Page
 
"Laughlin Live...Weekend Entertainment"