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No Excuses Acceptable

Posted By bobfrank On March 20, 2009 @ 13:19 In 2009 Campaign, SCA Board, Community Affairs, News! | 1 Comment

Norm,

Thank you for your informative posting; but, you missed at least one key item that must not be forgotten or ignored.

The 2005 and 2006 board members, the CAM, finance committee members, and our association attorney were willfully (and some are beginning to suggest criminally) negligent by not demanding that the trumpets lessee fully pay its rent and catering revenue shares. There can be no valid defense for any of those individuals (especially the former attorneys) to try to claim they could do nothing about enforcing the lease while the association was losing tens of thousands of dollars for over 2 years! Hiding behind a claimed need for a board majority vote to do something is not a valid excuse for ignoring law violations.

So-called secret negotiations by Favil West, Bob Berman, and Dea McDonald (Pulte Vice President) over possible modifications to the existing lease had nothing to do with collecting the rent for the active lease during the multi-year period. It is truly outrageous for someone to try to claim otherwise! And, the subsequent proposed trumpets lease revisions showed how badly the community has been deceived by the 2-year “negotiations” process while rent was not being collected.

There could be no valid excuses by any involved director for not acting aggressively to try to force collection of the rent by placing the lessee in breech of contract and denying access to the premises until all payments had been received. Members of the CAM and finance committees also failed their legal duties by ignoring the obvious lease collection problems, and by going along with the board’s misconduct.

As a result of those 2005-2006 director failures of their fiduciary duties, and for demonstrating long-term flawed business judgments, the association lost hundreds of thousands of dollars. Certain individuals have every reason to be very worried about possible consequences of a forensic audit of that fiasco.

However, it is never too late to recover some of those financial losses. What we need is a board majority committed to recovering as much as possible from every possible source (where the ROI makes sense), and the community will discover the truth. Every net dollar recovered is a dollar saved from future dues increases. Every member should care about the outcome of this issue.

Meanwhile, do not accept lame excuses or forgive such gross misbehavior.

Bob Frank
SCA Director


1 Comment To "No Excuses Acceptable"

#1 Comment By Norman McCullough On March 21, 2009 @ March 21, 2009

Bob Frank;

Thank for the comment. I did in fact not comment on The Trumpets issues as you pointed out, but only for the sake of brevity. You are 100% correct when you said ;

“Hiding behind a claimed need for a board majority vote to do something is not a valid excuse for ignoring law violations.”

You may have noticed my many posts on this BLOG. They are factual, and I have assembled a lot of data and materials to support my claims. As you know I am only a lay person who is not schooled in the law or law enforcement, but in my personal opinion there have been violations of the law committed in the past as well as fairly recently. I would be more than happy to provide some one (or some agency), with my records to allow them to decide the merits of my suspicions.

Getting the records has proven to be a very dangerous undertaking because some board members and the attorney firm of John Leach has threatened to put a lien on the home that belongs to me and my wife. I was forced to agree to “cease and desist” in my efforts. In addition people like David Berman has poisoned the minds of a lot of residents by misinforming them of my good intentions. I’m more than tired of this charade, and all I want is for the evidence to come out in the open and let the community decide for them selves if what transpired in the past was legal or illegal. There are far too many strange and unexplainable events that have occurred in the past and even recently to be accepted as “simple mistakes”, or examples of “incompetence”.

Case in point - Recently a member of RMI recalculated the square foot of stucco paint needed to paint a “Typical Villa Home”. The original calculation was done by a qualified reserve specialist, and for over eight years it has been reviewed annually and found to be accurate. Now This RMI employee (who does not possess a reserve specialist license), has reduced the long standing figure and as a result the Villa owners will once again be cheated out of approximately $815 each. Another example is the recent exploitation of the 58 Villa members who live in High Mountain. Every one of those members were told in 2007 by Roz Berman and Mike Dixon that their Villa’s would NOT be painted in 2008. But would be painted over a four year time period (beginning in 2009), that conformed to the construction sequence. If followed it would have resulted in a reduction of their annual reserve contribution, but instead the 58 Villa owners WERE FORCED to spend $60,700 of their reserves to paint ALL 58 units in 2008. The only plausible reason I can think of for that those units to be painted out of sequence is it would benefit Del Webb because I believe the stucco surfaces have many “stress cracks” in them caused by movement of the concrete slabs and/or the foundations of the Villa homes that do not have imbedded re-bar in them. Yet another “strange and unexplainable” fact that the painter who stands to gain over $94,000 for painting 90 Villa homes in 2008 HAS NO ENFORCABLE CONTRACT.

Mr. Frank, there is more than meets the eye in these events I have described, and I am now challenging the current board members, and those who seek to become board members to get to the bottom of these events. I already know of your commitment to do what is right, but I am not so sure about some of the other members.


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