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Some CC&R Problems
Posted By Norman McCullough On March 12, 2009 @ 07:53 In 2009 Campaign, SCA Board, Laws & Rules, Other | 1 Comment
Sun City Anthem residents and Board Members need to be better informed about the Nevada State and community rules that govern our lives. The basic documents governing the SCA Home Owner Association are: Nevada Revised Statutes (NRS) Chapter 116, Nevada Administrative Code (NRC)116, SCA ByLaws, SCA Covenants, Conditions & Restrictions (CC&Rs), and SCA Rules and Regulations
The CC&Rs—the “Covenants, Conditions & Restrictions”—are the governing documents that dictate how the homeowners association operates and what rules the owners must obey. These documents and rules are legally enforceable by the homeowner association, unless a specific provision conflicts with federal, state or local laws.
SCA’s CC&Rs cover a broad range of topics, including: age restrictions for residents, the number of occupants per house, garage door openings, parking restrictions, house painting, free-standing flag poles, voting rights, association fee increases, reserve funds, expansion of the community, vacation villas, golf ball damage to homes, activity cards, dispute resolution, and many more topics. The writer wishes to point out to this community the specific items mentioned - namely HOUSE PAINTING AND RESERVE FUNDS.
The major problem with the current CC&Rs as well as other documents that govern Sun City Anthem is the fact that they were written by the Del Webb/Pulte developer (Declarant) to protect developer interests. Now that SCA is a resident administered common interest community, the current board of directors (with the exception of Bob Frank), are administering the developer included provisions that are harming the residents of this community.
How can anyone justify allowing Del Webb (Declarant) to completely ignore the NRS statutes that demand a full accounting of the financial conditions of this community via of a viable reserve study and a full AND COMPLETE accounting of all bank accounts at the time of transition?
This current board of directors (with the exception of Bob Frank), is engaged in a cover-up of the failed policies of the past boards and the finance committee members that allowed that to happen. Roz Berman knows more than she is willing to admit because she was a volunteer member of the finance committee around the time of transition, and Jack Troia was even on the Transition committee when this travesty occurred, but he is unwilling to answer the questions that have naturally followed.
The residents of this community have A RIGHT TO ASK FOR ANSWERS.
FACT: Three and a half years have passed since the date of transition.
THIS ASSOCIATION HAS STILL NOT RECONCILED THE BOOKS AND THE BANK ACCOUNTS THAT WAS A MANDATE OF THE STATE AT THE TIME OF TRANSITION ON MAY 31, 2005. WHY??
The CC&Rs must be modified or rewritten to remove conflicts and contradictions with revisions in Nevada NRS and NAC regulations. Other CC&R revisions might also be in order in spite of the fact that it is (a) a monumental task and (b) our past Board President (Mike Dixon), has stated that, while he is in office, it won’t be done because it is too difficult to do.
Still, some changes to consider are: setting lower-level resident voting standards for changing rules or approving budget changes; removing conflicting rules on resident/common property maintenance; and updating architectural review standards.
1 Comment To "Some CC&R Problems"
#1 Comment By Mark Cook On March 12, 2009 @ March 12, 2009
I pointed out quite some time ago that the CC&Rs needed to be rewritten because they were written by the developer, for the developer. I even submitted quite a few pages of corrections to committees, and board members who were liaison to those committees, which were reviewing some of the CC&Rs. As near as I can tell, that was all a wasted effort.
It was not at all difficult to find numerous items which needed to be updated, and it was not difficult to rewrite them to benefit the community rather than the developer. I can not see how it would be any more difficult for any other well informed resident or board member, and I feel certain that the community would approve the changes if given the chance.
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