Archive for October 2010

Board’s Gaming Ballot–Cart Before The Horse?

The Board claims to be “neutral” while its public relations group (Anthem Journal) aggressively promotes gaming for Anthem Center–on behalf of the Board.  It claims to be only wanting to know what the majority THINKS about adding gaming to Anthem Center–before anyone is told what it will cost, who will pay for which items, and what kinds of returns on investment will members receive?

Does that have the cart before the horse, or what? Who could choose in favor of such a major policy item without knowing the pros and cons of the issue?

cartbeforehorse.jpg

The Board has appeared desperate to salvage its disastrous restaurant lease while summarily dismissing the mounting losses to our members.   How can it be explained when the directors claim the restaurant lessee’s so-called “poll” is not a “vote”, is not a “ballot”, and the results will not be binding on the membership.  Outrageous!

Unfortunately, this proves the board is in denial of reality while it continues to treat other members as if they are stupid.  We know when we are being conned–and this is a classic example!

While some of us may be too old/too senile to deal with reality, we submit that the majority deserve much more respective treatment.  Unfortunately, it has become increasingly obvious that Sun City Anthem’s Unity Party and its directors are cursed by the same sort of “progressive/dictatorial” beliefs that we see so prevalent in the national political parties.  Power and money attracts them like mosquitoes to bare skin!

For example, ask yourself, if the directors were truly “neutral”, why would they ask us to vote for installing gaming in Anthem Center BEFORE all of the costs and other pros and cons are known and communicated?  If they were using common sense, the vote would not be allowed until AFTER the pros and cons are known.  What the Board is doing is just like Speaker Pelosi asking House members to vote on Obamacare and Cap&Trade bills BEFORE anyone is allowed to read them!

Asking members to vote for gaming without first providing business case details is a gross insult to us all. 

Even those who favor installing some gaming in our facilities should vote NO and demand to know before a final vote is taken exactly much it will cost, and when will the restaurant lease be modified to ensure 100% of its costs to members are being reimbursed.

In our view, voting NO this time around (and demanding all the data before being asked to vote again) is just exhibiting common sense.

Sonny Says: “Prevent Gaming In Our Restaurant!”

Distinguished SCA member/Pinnacle Village resident Sonny Sonnenfeld (Silver Star winner in WWII and father of famous Movie Producer/Director Barry Sonnenfeld of “Men In Black” fame) has asked AV to post the following opinion about the pending poll on gaming for Anthem Center:

“A frightening thing about the whole gaming thing is that regardless of what the homeowners want, the board of directors will go ahead with gaming.

There  is no limitation on what gaming will in some future date consist of.  It could be that what once should have been a pleasant AMENITY for the homeowners becomes a CASINO with food–letting the tenant get rich on one of our resources.

There is no limit on the number of hours the restaurant will be open.  No limit on the kinds of gaming or the number of machines or other devices, or other kinds of gaming.  No agreement on the sharing of gaming revenues.  No agreement on restoring the minimum rent to $7,000 a month.

We must find ways to prevent gaming at our restaurant.  Remember the restaurant is ours–not the tenants.

             Sonny”

Postscript by Anthem Voice:  In case SCA members are not aware of it, Sonny is famous within the theater industry himself, as the following links reveal:

http://www.archlighting.com/industry-news.asp?articleID=452232&sectionID=0

http://livedesignonline.com/news/lighting_sonny_sonnenfeld_winner/

Will $2 Million Dues Increase In 2011 Violate Law?

Reference our recent article about “You CAN Participate During Board Meeting Discussions“.  The following information could be a good item to discuss during upcoming board meeting discussions about the budget.

The Board’s own data as previously reported during a board meeting shows that the SCA board has consistently overcharged annual assessments/dues by 1 to 2 million dollars every year.   That is a fact.  See this link for our previous postings on this issue.
Dues Holiday is Bogus

If $720 per unit ($5,143,580) was enough to fully fund the needs for this association during the past 2 years, why will it take $2,000,000+ more to run it in 2011, and the future? That question must be clearly and concisely answered to member satisfaction.

In addition, according to:

  1. NRS 116.31073.3(c)Notwithstanding any other provision of law, the executive board is prohibited from imposing an assessment without obtaining prior approval of the units’ owners unless the total amount of the assessment is less than 5 percent of the annual budget of the association.
  2. NRS 116.3115.8:  “If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.”  This appears to state that when a board determines that assessments are overstated, and a”dues holiday” is declared as was done in the past 3 years, the following year’s assessment rate must be recalculated and reduced accordingly.  Not doing so would seem to violate this Statute.

Obviously, a 39% increase must be fully justified and approved by the membership via ballot.  In addition, this whole murky situation calls to question:

  1. Was last year’s action to raise dues from $720 to $960 legal?
  2. When will the board’s reported $3,000,000+ of accumulated ’surplus assessments’ be refunded as required by law?
  3. When will the other millions retained for the unjustified (per IRS ruling) slush funds called ‘working capital’ be refunded to members as required by law?

This seems to be the case where an extra million here, and another extra million there, and the board  and finance committee members wind up with some serious money owed to the members and some potential liabilities for the actions taken! 

Our community should demand the refunds be made now, and not not allow the board to waste the hundreds of dollars owed per household on unnecessary income tax payments, fines, and penalties.

Some Facts About Veterans, Retired Military and Retired Reservists

In the past and recently, certain individuals on other blogs have been exchanging personal attacks and publishing disinformation concerning military and reserve service and mentioning by name some of the SCA individuals in those articles.  So, in an effort to keep the facts straight, the following is provided.

Everyone is entitled to their own opinions, but I would like to ask that the following facts not be ignored by SCA bloggers when commenting about military retiree working conditions, expertise, and “benefits”.  A few details are provided here, and elsewhere, as even some “veterans” have shown they are misinformed about some of the basic facts.

1. The vast majority of the 25,000,000+ US Veterans have only served a few years in uniform. The majority of their lives have been in the private sector. Only those who are service-disabled or have earned retirement receive long-term, government payments. The Veterans Administration is allowed to provide limited services to veterans who have suffered serious, combat-related health disabilities, and to certain homeless/destitute veterans.

2. Most retired military reservists serve a few years on active duty, and accumulate a few years credit for week-end military duty spread over a period of a few decades. While there used to be some easy week-end duty for some reservists prior to the 1970’s, not much of that exists any more.

Reservists are considered “working in private sector careers” during their average 70+ years of life. Their jobs are supposedly saved for them if called to active duty, they are not forced to move their families every few years (as active duty members are), the health and financial career risks for reservists and their families are normally much lower than those of the active duty.  Accordingly, reservists only receive limited military benefits while serving in uniform and after retiring.

3. Military members are often forced to leave active duty service against their desires based on a very complex set of public law and military rules based on (a) the “needs of the service”, (b) high work performance criteria, (c) high physical health standards, and (d) exceptionally high morals criteria.

Officers and enlisted members are managed under vastly different federal rules, and the various military services also have very different rules by rank and career fields. Individuals who survive such exceptionally high criteria, and are allowed to “retire”,  are typically between the ages of 38 and 42 when they enter the private sector.  A retiring military member after 20 years service receives about half of his/her basic pay received at time of separation.

Basic pay is about half of the military-computed “salary value” and someone retiring after only 20 years receives about half of that basic pay, and the take home value/pre-tax value is about a quarter of what was valued at time of separation. So, unless they are service-disabled or independently wealthy, such individuals must immediately establish a second career in the private sector.

4. Military retirees typically work for businesses for more than 30 years. Even the so-called “military lifers” (who earn the opportunity to stay for up to 30 years before retiring) are typically between the ages of 48 and 51 and normally required to work for 10 to 20 years in the private sector in order to maintain their previously modest lifestyles as senior enlisted, or senior officers.

5. In other words, the vast majority of retired military members serve many more years in the private sector than the military, and they must be considered “qualified” to have earned valid business experiences, and to have earned valid opinions about “business“.

None of the above suggests that retired military or reservists are any smarter or superior in any way to those who did not serve or did not stay to retirement. But, it does suggest that such members of our community have earned the right to be treated with the same respect as any other member.

Military and reservist retirees should never be generically degraded by anyone.

You CAN Participate DURING Board Meeting Discussions!

In the past, the Boards have occasionally invited members to come to the microphone and comment on agenda items when they are deliberating on a matter.  It has been a rare event only allowed when the Board President finds it useful.

But, the governing documents of Sun City Anthem give ALL members the right to participate in the deliberation and discussion before the board of all items–during the time the board calls for deliberation and discussion on agenda topics. 

Our by-laws specifically allow YOU to ask questions and express your views in favor or opposition–DURING the deliberations and discussions.   SCA’s 3rd Amended & Restated Bylaws dated May 2008, Section 3.15/page 14 on Open Board Meetings is quoted as follows:

“3.15. Open Board Meetings. Subject to the provisions of Section 3.16, all Board meetings shall be open to all Members. Members other than directors may participate in any discussion or deliberation except those taking place in executive session; provided, the President may place reasonable limitations on the time any such individual may speak on any matter.”

You can not be limited to only speaking during the member comment periods before and after the board meeting.  The Board must allow you to directly participate during the deliberation and discussion of financial matters, lifestyle matters, committee reports, or anything else on the agenda for that meeting.

AnthemVOICE encourages members to take advantage of this important right during future board meetings.   Participate in the governance of your community by attending board meetings, and contribute during the time when it is possible to influence the outcome of a decision.

When exercising these rights, you can anticipate the board rules are likely to be similar to the following:

  1. Our bylaws grant the right to participate in any deliberations and discussions, but you can not vote.
  2. Your views, questions, etc. must be limited to the deliberation and discussion of the specific agenda topic before the board at that time.
  3. If you wish to participate in more than one deliberation and discussion, do so separately.  Wait until each agenda item comes before the board at the meeting to approach the microphone.
  4. The polite way to participate would be to approach the podium when the president calls the agenda item for consideration.  Respect the board members and let all board members talk first–if that is their desire–then it should be your turn.  Regardless of the board’s choice on the sequence, the Board President is obligated by our By-Laws to allow members to speak before a vote is taken.

Remember, this important SCA By-Laws right is in addition to your rights to make comments at the beginning and end of the board meeting.  If you choose to do so, you could comment at three different times on a given agenda topic.  Your rights to participate in all such deliberations and discussions are guaranteed by our governing documents.  Our governing documents are the contract between you and the Sun City Anthem Association.  Nevada law guarantees those rights. 

Best Ways To Increase Our Property Values?

Here is a short list of how to greatly improve our SCA property values by cutting annual assessments, refunding the millions of retained surplus assessments, and by promoting SCA in the buyers markets to make it easier for members who need to sell their homes at above average rates.  For example:

  1. Refund or credit the millions of dollars of accumulated surplus assessments and pass a board resolution to stop over-charging assessments in the future.  If all of the millions of dollars of unneeded surpluses were refunded to members as required by law, the net 2011 assessment level could be cut to around $250 per unitNow, wouldn’t boost property values?
  2. Cut annual assessment rate from $960 to $820 per year for 2011 and 2012.   This is feasible since the effective assessment rate has been $720 for 2010 and 2009.  The $820 level would allow for some growth in the Liberty Center operating and reserves costs.
  3. Establish a modest marketing program for the East Coast and other very cold and snowy metropolitan area media outlets to tout the benefits of living high up on the side of Black Mountain in the dry/clean desert air and warm climate of Las Vegas in Del Webb’s “Crown JewelResort-Retirement Community, Sun City Anthem.  Can you imagine a Las Vegas-produced TV/Internet video clip showing SCA as a much more attractive retirement destination than such places as the Florida “Villages”?

Such a business strategy would provide a vastly better return-on-investment for all members than the huge sums being thrown at the poorly-structured restaurant lease, inadequate association law firm, and grossly over-priced RMI contract.

As we go into the annual budget approval process, get off your couch and tell the board and finance committee you are sick and tired of the bogus “dues holiday” scam!  We want ALL of our over-charged assessments REFUNDED, and we do not want them to give our money to the IRS!

And, don’t take any of the typical blow back, personal attacks, change of subjects, and/or deceptive fast talk from anyone.  Remind them you happen to know that the IRS is in for an audit because the responsible people have made some huge mistakes with our money!

We do not owe any thanks or kind consideration to “volunteers” who screw up as badly as these people have.  Practically any other ethical SCA member could have done better than what we have received from the majority of the  current and past directors.  Tell them to lead (competently), follow the resident’s wants, or get out of the way (resign).  Make sure they know that more of the same behavior will not be tolerated.

Also, remember that all we have ever gotten from these “rulers” has been shallow lip service and deception.  Before the elections, they promised to promote this community to the appropriate markets to keep our unit values significantly above the NV average.  But, after the elections, they have consistently displayed incompetent and unethical behavior.  They have failed to do of what is needed to effectively lead this community.

For more information, take a look at the below links.  They help describe how badly the board, RMI and finance committee members have been jerking us around since 2005 with grossly over-charged and un-returned, “surplus annual assessments”.  

http://blog.anthemvoice.org/2010/09/18/dues-holiday-is-bogus-tell-the-board-you-know-the-truth/

http://blog.anthemvoice.org/2009/12/20/how-much-should-sca-dues-be/

http://blog.anthemvoice.org/2009/11/22/tax-crazy-board-does-it-again/

http://www.scaview.org/AuthorityBoardTaxAuditIII.html

http://www.scaview.org/The%20IRSTaxAuditII.html

http://blog.anthemvoice.org/2010/07/27/why-be-concerned-about-irs-audit/

http://www.scaview.org/CourtCaseRR70-604.html

http://blog.anthemvoice.org/2010/07/24/how-much-unpaid-sca-taxes/

 http://blog.anthemvoice.org/2010/03/17/current-list-of-open-board-issues/

 http://blog.anthemvoice.org/2010/03/09/should-trumpets-be-converted-to-an-amenity/

http://blog.anthemvoice.org/2010/01/03/board-failed-to-collect-1375-million-from-pulte/

http://blog.anthemvoice.org/2009/10/29/time-for-sca-tea-parties/

Fatally Flawed Restaurant Gambling Poll/Ballot?

Many members are not aware there are no State or SCA rules governing the integrity of the lessee’s ‘poll/ballot’ about putting gambling into the restaurant area.

The proposed Ballot Box Company contract to conduct the poll will be with the lessee–not the association. This can NOT be a ’secret’ ballot that can be trusted.

No director or member could have any right to supervise the processes, inspect the ballots or the counting, or challenge the results. There are no consequences if fraud is suspected and/or discovered.

Who would blindly trust the lessee and/or the Ballot Box Company when millions of dollars of long-term membership funds and prime facilities are being put at risk by this type of informal poll?

So, why are so many members, all of the SCA directors, and the association attorneys going along with such a flawed idea? 

Has SCA Director/Attorney/Former Judge ProTem Ann Small failed her fiduciary duty to members, and violated some of her rules of professional conduct?

See this link to NV Attorney Rules of Professional Conduct:
http://www.leg.state.nv.us/courtrules/rpc.html

Military Voting Problems in Nevada?

A question was asked of the candidates at the SCA Current Events Club debate this week about reported NV Secretary of State failures in 2010 to provide absentee ballot voting opportunities to all overseas NV registered military members and families, but none of the candidates were able to respond.   Here is a link summarizing some of the national military voting problems in 2010:

http://www.foxnews.com/politics/2010/09/29/exclusive-law-suit-protect-maryland-military-voters-just-tip-iceberg/

Here is an extract of that article concerning NV:
“County election officials in Elko and White Pine Counties in Nevada indicated that ballots would be sent out on Sept. 22 or Sept. 23, days after the Sept. 18 deadline. Matt Griffin, Deputy for Elections, Nevada Secretary of State, admitted that Elko County had not been able to get their absentee ballots out before the deadline, but he said White Pine County had no problems whatsoever. A printing problem slowed down the mailing process, Griffin said, but contingency plans were being made to ensure that all ballots will be counted.”

A later report from the Secretary of State stated that DOJ permission had been received to allow Elko County military absentee ballots to receive special handling so they would be counted if mailed on or before November 2, 2010 and received within one week.

In addition, many SCA members at the debate event seemed to be unaware of the very long national history of problems of denying overseas military members the same opportunities to vote as other American Citizens.  Both political parties have been grossly negligent in this area.

Here are links to some history on this issue.
http://www.speroforum.com/a/20029/Reenfranchising-the-US-military-vote
http://www.vote.caltech.edu/drupal/files/journal_article/military_voting_law.pdf

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