Author Archive
Why SCA Board Is In “HOA Hall of Shame”
May 19, 2011 by Norman McCullough.
Why Sun City Anthem was awarded Entry into “The Hall of Shame”
By Resident - Norman McCullough
Two days ago was my 78th birthday. All along my life’s journey, I have learned a great many “life lessons”. Some good – some bad – and some that disturb the soul because they involve man’s inhumanity to man (”Man” is used in the generic to include all humans).
The Board of Directors of Sun City Anthem from the first resident controlled by President David Weil (Treasure Favil West), until the last controlled by President Jack Troia has led us into this “Hall of Shame” by their arrogance and their refusal to recognize that all men and woman are created equally. Almost all who served on those Boards share the blame equally for the “The Hall of Shame” plaque that is forever nailed above the doors to the our facilities.
From 2005 to 2007 the SCA Villa residents were treated to a remarkable display of incompetence (OR WORSE), when the Association failed to fully collect an estimated $300,000 for the Neighborhoods. In fact it was so bad that Board President Favil West and Treasure Kay Dwyer were forced into a secret agreement with the developer that was based on fictitious (or a least unsubstantiated) numbers to prevent another massive increase in the Villas dues after a $500 increase that had already reduced the developers responsibilities. At the same time, every member of the Association was stabbed in the back when an estimated $800,000 in reserves (Source 2006 Reserve Study), was never collected from the developer (SCA version of the shell game – now you see it – now you don’t).
Later (2007 to 2009), Board President Mike Dixon and his Treasure Roz Berman, had to rely on magic to make it appear that the secret Villa agreement had adequately funded the Villas reserves. Even the Great Houdini would never had attempted to shrink the actual size of a Villa to make it appear that their reserves were funded adequately!
Still later and more recently, it appears that Some Board Members may be involved in a cover-up of sorts that benefited the developer regarding on-going Chapter 40 litigation by spending the Villas reserve funds to hide and conceal identified construction defects (REF: NRED case # CIS 10-12-03-060).
Also to be considered is the treatment of some of our senior citizens. Ex Board President Jack Troia’s behavior earned him a well deserved special nomination into “The Hall of Shame” on public television, and yet his cohorts just honored him when his last term was up!
If this newly elected Board is anything like the past we are headed for more of the same. We don’t need it. We’ve had enough thank you. It’s time to seriously considered why we still employ a law firm that has NEVER put the interests of the community first.
It’s also time to seriously consider why we employ a Management firm who employs community managers who lie and cover up for Association board members who also lie. It’s also time to seriously consider stopping the practice of letting a disgraced former Board member from making contacts with City Officials to promote his personal agenda of hate. We are good people with good intentions and we do not deserve to be denigrated by a “has been” lawyer.
It’s time to have compassion, and to listen to our seniors who have earned the right to live in peace without being threatened by fines (and worse). Sun City Anthem is a community of people who deserve better than the abuse that has been the hallmark of the past. If the newly elected Board members really meant what they said before they were elected, we may see some changes, if not we will all be witness to the next generation of “Hall of Shame” candidates.
Posted in Ann_Small, 2011 Campaign, Truth Squad, SCA Board, Operations, Community Affairs, Lifestyle | Print | No Comments »
Will The New Board Deliver On Promises?
May 9, 2011 by Norman McCullough.
Well – the election for SCA Board of Directors is finally over, and the results were as expected.
There is in this community one BLOG owner who (despite his character flaws) continues to exert his enormous influence in every election that we have undergone ever since the governance of Sun City Anthem was turned over to the residents from the developer.
It’s often said “You get what you pay for”, and in Sun City Anthem it’s obvious that we did not pay enough attention to the details, and instead we paid too much attention to the current “Unity” board members and their self appointed “PR man”. It has not gone unnoticed that almost every elected candidate still choose only one BLOG site to “thank the voters”.
Almost every one of the elected candidates have uttered words to the effect;
“I am confident you will find a more open, more resident friendly, and more participatory Board.”
Only time will tell if they really mean it. I sincerely hope so.
I think Ron Johnson said it best on April 5, 2011. Here is part of what he said then:
“We are in need of a change in direction, more—not less transparency, greater honesty and integrity, demonstrated community support, independence and proven leadership qualities. What we do not need are candidates who cloak themselves with endorsements from those who have disappointed us in the past as such candidates are more likely than not to adopt similar past practices.”
And here is a copy of Ron’s full editorial: RJ Election Recommendations
Norman McCullough
Posted in SCA Board, Community Affairs, Operations | Print | No Comments »
More False Claims on DAB’s Blog?
April 23, 2010 by Norman McCullough.
David A. Berman (DAB) falsely reported the following on his BLOG site–regarding yesterdays (April 22) BOD meeting;
(Quote); In a related matter, resident Norman McCullough asked if residents were going to be informed about the causes of the first, mishandled effort to conduct the election. President Troia said the matter is going to be looked into. (Un-Quote)
He lied–once again. What I said to the Board was ;
(Quote) I attended the Emergency Meeting held a few days ago when it was decided to Redo the entire election process, and I distinctly recall Jack Troia saying that the matter would be discussed AT THE NEXT BOARD MEETING. Why do we not have an answer to who is at fault, and when are the residents going to get the facts about what happened and why? (Un-Quote)
I said this at the end of the meeting because after promising that the matter would be openly discussed, not a word of explanation came from our “Unity” board members.
So much for transparency — Is this going to be yet ANOTHER cover up by the “Unity” gang?
Norm McCullough
Posted in 2010 Campaign, SCA Board, Community Affairs, Operations | Print | No Comments »
Board & RMI Refuse To Honor Villa CC&R Contracts
November 23, 2009 by Norman McCullough.
My enclosed letter to RMI and the Board illustrates yet another example of the incompetence and misconduct of our current Directors and our current Community Management Contractor.
My letter was sent to both organizations via certified mail. And, both refused to acknowledge receiving the letter–let alone challenge the content.
Some members say they are tired of hearing my complaints about the Board and RMI–and so am I. But, they are causing villa owners to lose ten of thousands of dollars and we have the right to demand clear and concise answers to our questions about mismanaging OUR money. It’s the law, you know.
See this file for the details. Villa Questions & No Answers
Posted in SCA Board, Community Affairs, News! | Print | No Comments »
Eunice Bohannon Has Moved
September 11, 2009 by Norman McCullough.
Recently, our SCA neighbor, Eunice Bohannon, had some blood pressure stability difficulties, and some inoperable cataract problems that made it difficult to see, so she was no longer able to live alone.
Eunice’s children live in CA and MO and wanted her to join one of them, but she loves Nevada, and she wanted to stay near her friends here in SCA. So, this is to advise that Eunice recently moved from Sun City Anthem to a new, and very conveniently located, assisted living home:
The Palms At Siena,
2910 W. Horizon Ridge Parkway, Room No. 123
Henderson, NV 89052
This is located just a few blocks West of Eastern on Horizon Ridge.
Eunice is alert, in good spirits, and hoping that more of her SCA friends can learn where she is now living and will be able to visit and/or write to her.
In 1998, Eunice and her husband were SCA Pioneers. They were one of the first couples to purchase and live full time in a Villa home. Unfortunately, Eunice’s husband passed away shortly after they arrived, but she decided to stay and build her retirement life in SCA during the past decade.
Over the years, Eunice has been particularly helpful in supporting our SCA Villa neighbors. She volunteered hundreds of hours to serve as co-treasurer for handling the mailing costs of the Villa Duplex Doings newsletter.
God bless you Eunice! We are so proud to be counted among your many friends.
Mary & Norman McCullough
Posted in SCA Board, Community Affairs, Clubs & SIGs, Operations | Print | No Comments »
The Board of Directors never tire of taking advantage of the Villa Owners.
July 17, 2009 by Norman McCullough.
When it comes to managing the board duties to maintain our Villas our facilities manager (Bruno Panek - RMI), has been a complete failure.
Consider his record regarding the Villas.
- He never provides the required bids package to the P&G committee, or the Finance committee’s for reserve study specialists, or for work contracted for maintaining the Villas for their consideration.
- The Look back committee reported that he furnished costs figures from “Bid Estimates” that were used by the reserve specialist but now he claims he has no record of their existence, (IF there ever were bid estimates).
- The Look back committee reported that he actually changed the square feet of coverage to paint a typical Villa to make it appear that the developer (Del Webb), did not owe any money to the Villa neighborhoods on May 31, 2005.
- He never provided the P&G committee or the finance committee with inspection reports for “proof of need” to repaint the Villas in 2008 OR in 2009.
- He never informed the P&G committee or the finance committee of the actual age of each of the Villas to be painted, and as a result many were painted prematurely.
- He failed to inspect and identify stress cracks in the exterior stucco walls of the Villas that were construction defects, and as a result the reserves of the Villas are being depleted to repair these construction defects. Many of these stress cracks were painted over BEFORE the association’s law firm inspected the Villas in 2008. There was never any money reserved to repair these construction defects.
- He failed to alert the Board of Directors, or the P&G committee, or the Finance Committee that the paint contractors hired to paint the Villas was actually destroying evidence of cracked foundations and slabs. The association has declared they have no interest in the foundations or the slabs, yet the reserves of the Villas are being depleted to hide and conceal these defects. There was never any money reserved to repair these construction defects.
All of the above acts were done at the direction of the Board of Dirctors or with the approval of the Board of Directors.
I have contacted both Linda Krivic (Present chair of P&G), and Don Manning (Present chair of the Finance committee), to inquire about the Board of Directors withdrawal of reserve funds from the neighborhood reserves. I expect to hear from both in the near future regarding these issues.
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Something to Think About
May 1, 2009 by Norman McCullough.
Board Members should lead the residents and not make demands or secret decisions that are to their detriment.
“Pulling” is a motivational technique that means creating conditions that the residents can be comfortable with the knowledge they themselves have contributed to the final product.
“Pushing” is a non productive technique often used by overbearing and uncaring directors who want to impose “their will” over the residents resident’s concerns regardless of the consequence or the legality of their decision.
“Pulling” means YOU deciding rather than The Board deciding. Example – 51% is a reasonable number to expect for the residents to reject a budget.
“Pushing” means The Board deciding rather than YOU deciding. Example – 90% is an unreasonable number to expect for the residents to reject a budget.
Most methods of persuasion are based on creating pull rather than push, which is generally coercive in nature. Pull creates desire. It is about making the other person want what you are offering. It is subtly changing how they perceive the world such that they see what you have and want it. Once you have created desire, then the internal tension set up in the other person will lead them in the right direction.
Push and pull are a matched pair: Pushing is the whip and the club. Pulling is fishing rather than shooting. Pulling is creating desire rather than creating fear. Pulling is creating attraction rather than repulsion.
In motivation, pushing is a business management method used by tyrants of industry, while pulling is used by leaders of society.
Pulling is more difficult than pushing, but is ultimately more effective. When you push, you do not know what direction the other person will take. It is like the sheepdog running into the flock of sheep: they all head off in different directions. Pulling has just one direction. It is like being the shepherd, towards whom the flock will move.
The new board members must learn from the mistakes of the past board members. They must learn to pull. Creating pull means creating desire. Creating desire means knowing not only what the residents want but how they decide what they want. Creating push will only cause more of the same divisiveness and discontent that we have witnessed. The choice is theirs to make. The residents all have a voice and they have rights they will not relinquish just because the board members happened to win an election. In the end the laws will govern, not men (or women). If the laws are disobeyed, and the rights of the citizens are diminished, we all lose.
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A word to the Wise (and the Un-Wise)
April 19, 2009 by Norman McCullough.
If you are currently worried about the sinking value of your Las Vegas or
Henderson home, you might want to read the (very abbreviated), story in Today’s Review Journal (Page 3B under “Top News”).
The story reports that a new low water mark is expected this year that has not been seen in the last 44 years (How many homes and Mega Casinos were here 44 years ago?).
By this coming July the reservoir is projected to be 13 feet lower THAN IT IS NOW.
Wake up my friends. How much would some one offer to pay for YOUR home if the water rates were restricted to half what you consume today, and the rates were doubled or even tripled?
We almost ALLWAYS seem to be behind the curve when it comes to the issues that impact our lifestyles and our wallets. Will this be yet another example?
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Roz Berman’s “Car of Credibility” crashes into the “Wall of Distrust”
April 17, 2009 by Norman McCullough.
Last night at the Town Hall Meeting a very perturbed resident named Gerry was forced on the unsuspecting an uniformed audience by Roz Berman (our board President) to act as a “Facilitator”. Roz claims that the residents actually wanted MORE interference than they had in the past, and were subjected to more hoops to jump through like dogs in a circus ring.
This was clearly done in retaliation for the embarrassment she has endured because the recent revelations of the secret meetings she (and other board members), conducted.
My apologies to Gerry. You (along with the growing numbers of the angry members), were treated unfairly by some very mean spirited “Unity” board members who will do anything to avoid being criticized for their unprofessional conduct.
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Member Report on AV Seminar
April 8, 2009 by Norman McCullough.
I would like to be the first to compliment and send a sincere “Thank You” to the Anthem Voice members who sponsored the seminar last night in Anthem Center. What a great opportunity for the residents to get REAL information form REAL experts!
The time allotted to The BLM pit mine project, and the informative interaction with the BLM representative was greatly appreciated by all who attended. Your involvement is needed if we are to have an effective response to our health and safety. PLEASE become involved.
The Law firm representatives from The Maddox Law firm were there to explain in detail what SB 349 and SB 337 means and what effect it can have on the home owners living here in Sun City Anthem. If you could not attend last night, PLEASE take the time to learn the facts and tell the Senate Judiciary Committee Member to vote NO on both these bills. You can get the contact information from Anthem Voice.
Time allotted to the informative information about class action lawsuits was more appreciated and well received in my opinion, but is still not well defined, but none the less the information that was presented is more than we have received from any other source in recent months and was very much appreciated.
Also a very special “Thanks You” to speaker Gil Mars who presented information and answered questions about water heater maintenance and how to extend the life of that major appliance we all have in our homes. You did an EXCELLENT job Gil, and I’m sure that the members who attended all came away with more knowledge that they had before.
All in all it was a super performance. Thanks to all who put it together. To me it shows what neighbors can really do if they can just agree to help each other. Knowledge is the key, and last night Anthem Voice demonstrated they are concerned about EVERY ONE in the community.
Take a bow, Anthem Voice — The applause is well deserved.
Posted in 2009 Campaign, SCA Board, Community Affairs, Operations, Other | Print | No Comments »
Norman McCullough apologizes to Barnett Sturm.
April 3, 2009 by Norman McCullough.
Yesterday, my wife and I along with some good friends attended the current events annual candidates forum. As always it was a great chance to meet and hear the candidates, and because the questions are not pre-screened, it often gives the members a chance to see the candidates reaction to a question they really didn’t want to hear. For me it was a real eye opener, and today I offer my sincere apology to Mr. Sturm.Mr. Sturm It’s no secret that I dislike David Berman, and I make no apology for that. When I read your statement on David’s BLOG, I reacted because I had convinced myself that you had relinquished your independence and joined the “UNITY” camp and were about to join the “lock step” society that has given this wonderful community a “distasteful” history. But - from what I heard yesterday, you have indeed changed my mind.
I have often been asked “Norm - Why do you still cause trouble and raise such a “fuss” about something that happened a long time ago?”. Recently I have asked myself that same question - many times. I guess the only answer I can give follows.
What happened to the residents in this community that purchased a Villa home was (to put it mildly), was unfair and unwarranted. I really don’t care if Mike Dixon or Roz Berman or Jack Troia or Favil West or Kay Dwyer can claim what they did was for “The good of the entire community”. In my humble opinion that’s only a “cop out” that leads to corruption.
One of the problems I have with politics is that some politicians really believe that a “majority” can NEVER be wrong. History has proven time after time that is not true, and if taken to the extreme it can result in entire countries being dragged into war just to satisfy the ego’s of a few people. That why this country is so great. We have (in America), devised a government of branches - one branch to counter balance the others. If one citizen (or a minority group of citizens), believe they have good cause to complain to the government, they can take their case “all the way to the top”, and they will receive justice. The Villa owners may be a “minority” in the eyes of the majority members now sitting on the current board of directors, but in my view I have every right to be vocal and complain about what happened in the past. What saddens me is the fact that many of residents who do not understand and who listen to people like David Berman who defends the transgressions of the past have joined hands.
Barney, your words yesterday convinced me I was wrong, and I now apologize. Your name is now on my ticket.
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The Latest David Berman Lie
April 1, 2009 by Norman McCullough.
Disgraced blogger David Berman, who has had his head firmly up his own you-know-what ever since he began his political killing machine that he calls “Anthem Journal” is at it again.
He now complains that Ron Johnson’s truthful and incisive and factual articles are; (Quote from David);
“intended to damage my credibility, as well as the credibility of at least one Unity candidate”
Sorry David - you did that yourself years ago in a Boston court room. You destroyed your own self worth and your own “good” name and now you cower in a corner flailing at the world because the door of exposure was opened.
Now you want to divert attention from the disgraceful conduct of you and your past cohorts that allowed Del Webb to skip out on the State of Nevada requirement imposed on a developer at the time of transition when YOU served on the board. You and Roz, and Jack Troia are so afraid of a forensic audit you now want to “stack the deck” by once again “rigging the election” by promoting a majority of candidates that will “keep the lid on the past”.
You haven’t learned anything, nor have you repent from your past digressions, and your behavior towards female members of the community is the mark of a seriously disturbed individual.
Rant on David - I’m sure the community enjoys your cry baby pleas for attention and your whining about what is the truth being merely “unfair” tactics. You may even convince some that you had nothing to do with the recent disgraceful SCARF episode. But - you have about as much credibility as Mr. Maddoff who recently downsized his mansion for a “grey bar” suite.
When Mr. Johnson wrote;
“With such gross and flagrant misrepresentations of events and facts, one might get the impression that David is letting his past catch up with him.”
His remarks were “dead on and done right”. You are the one with the credibility problem of your own making.
Now you accuse Ron Johnson of being (Quote);
“a much greater threat to our community”
The only threat to our community David is the cover up you and Roz and Jack Troia are promoting. Roz has never answered 17 issues that she promised to answer on July 20, 2007, and Jack Troia STILL won’t answer how he managed to shrink a Villa. We don’t need magicians elected. ESPECIALLY WHEN THEY HANDLE OUR MONEY. There has been a lot of things swept under the rug by a lot of people, and now it’s time to do some house cleaning.
Instead of “little bitty” complaining why don’t you get Roz and Jack Troia to answer THIS question?
WHY DIDN’T THE BOARD OF DIRECTORS REJECT THE SECOND DEL WEBB RESERVE STUDY SINCE IT DID NOT COVER THE DATE OF TRANSITION, AND VIOLATED THE NRS STATUTES?
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To Board Candidate Barnett Sturm
March 29, 2009 by Norman McCullough.
Mr. Sturm:
I can not let this disgraceful action you have undertaken to go unanswered. A few short weeks ago you responded to an invitation to have dinner at my home with my wife and Bob and Kay Frank.
We extended the invitation because we thought you were running as an independent candidate to demonstrate to the community that you had independent thoughts , and you wanted the freedom to draw your own conclusions free from the biased opinions of a “Slate” induced platform that is obviously hell bent on destroying Bob Frank’s reputation as a citizen, and a true leader who is not afraid to shine a light on the cover up of past events that have cost this association a great deal of money.
Now - you have shown your true colors by allowing your statement to be published only on the BLOG of David Berman who is the most notorious disgraced past Vice President in Sun City Anthem history.
During your visit at my home you reviewed only a few of the documents that I have archived that may (in the end), prove to be evidence of major misconduct of the board and some past members of the board of directors. You were also shown what I believe to be evidence of a scam involving the manipulation of data given the reserve specialist employed by this association by Jack Troia another “Unity Candidate.” As a direct result of this scam, 162 members of this association have suffered financially.
You met and talked with my neighbor who will be celebrating her 100th birthday in May of this year. You also met the Treasurer of The Villa Group. The very same widowed lady that was chastised by Mike Dixon because she dared question Mike Dixon’s idiotic pronouncement that “Del Webb gave the Villas a GIFT”. You visited her home and even inspected some of the floor tile. All the while you professed to be considerate of our plight and seemed willing to work to shed light on the cover up of the actions of the past board members (like David Berman), who have affected this communities financial well being, and have engineered a “Unity” stranglehold on the free election process.
I hereby make this announcement that because of your calloused and uncaring attitude to discover the truth by adopting the “Unity” doctrine of “never looking back” I would never vote for you, and I ask that every one who considers the truth to be more important than politics to Vote Smart and vote for Bob Frank and Ron Morse - period.
Why would anyone waste their vote on any candidate who has no respect for their own good name and align them selves with a disgraced attorney? Now we find someone who claims to be an “Independent” candidate who runs to the “Unity” camp declaring that a bland statement like the following Quote;
“In short, Anthem Voice believes that Bob Frank, Ron Morse, and Barnett Sturm are the only independent candidates this year.”
Some how is derogatory? No - Barnett, there is more here than meets the eye. This is what YOU have destroyed by the statements you made on the disgraced attorneys BLOG.
You said on your campaign flyer Quote;
“My Goal is to apply my extensive career experience to ensuring efficient and transparent operations of our Homeowners Association.”
Sorry Barnett - I don’t see anything “transparent” about continuing the cover up. You might be able to regain some respect by announcing right now what your stand is on a forensic audit. That’s what the “Unity” candidates are afraid of.
Are you going to continue the cover up and let the reserves of this association go un-audited? Are you against uncovering what it REALLY cost the members of this community when Del Webb WAS ALLOWED to disobey Nevada Statutes by skipping the requirements of providing a well funded reserve study at the time of transition? Do you have the “Spine” to uncover what past board members like David Berman have cost us?
After reading your outrageous statement on the disgraced former attorneys BLOG, I think not. Have fun writing in David’s pigpen that he calls Anthem Journal. Of course I have been banned for some time, but even if I were allowed to, I have higher standards. You apparently do not.
Posted in 2009 Campaign, SCA Board, Community Affairs, Other | Print | No Comments »
To Board Candidates:
March 20, 2009 by Norman McCullough.
If you are successful in your bid to be seated on the board of directors, you will inherit a big problem from the present board. The problem is because the Villa owners have been cheated out of a lot of money. In case your wondering what it’s all about, and why this problem STILL NOT SETTLED, I have presented here the terms of the Villa agreement.
Please take note of the last two items on this list. Those last two items explain the rights of ANY Villa owner or ANY member of this association to question the current or any future board about the terms of the agreement.
Because of the current boards actions under Roz Berman and Mike Dixon YOU will have to answer when called to do so. You can’t simply ignore the problem any longer, because the problem will still be here if you are elected.
Here then are the terms of the Villa Agreement.
————————————————-
RELEASE OF AGREEMENT
• End of June, Pulte agreed to release the confidentiality clause and the Board received permission to release the agreement.
• The Association (via prior Board) accepted liability from Pulte on any future complaints regarding reserve funding for the villas.
• Pulte has no further responsibility for reserve funding past the exchange of the $241,000 payment and the agreement to refresh hardscape.
• Further claims or discussions must be with the Association.
• The Agreement affects all SCA homeowners, not just villa owners.
7/20/2007
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Open Letter to Board Candidates
March 14, 2009 by Norman McCullough.
Was it FRAUD or gross negligence committed by SCA Boards concerning Reserves funds due by the developer since May of 2005? Now that the board election is once again upon us, that issue HAS to be (finally) answered this year!
NRS Statutes REQUIRE that a Declarant provide a Reserve study and fully fund it at the time of transition to resident control. Del Webb/Pulte (The Declarant) commissioned TWO such studies. The first was submitted to the Board of Directors and unanimously rejected. The second (replacement) reserve study was the 2006 reserve study, and it WAS adopted by the Board. So, why was it necessary for this current Board of Directors to conduct a “2008 Reserve Look-back” and set up a committee to supposedly supply the association with the “Fully Funded” numbers at the time of transition?
Well, the 2nd reserve study received by this association from the developer, was even worse than the first–because it was NOT computed using the mandated May 2005 DATE OF TRANSITION. It was done wrong twice, and our Board of Directors (including Dea McDonald, a Pulte Vice President and former SCA Board President) failed to ever require the developer to comply with the law. Does that sound like serious conflicts of interest to you?
But, instead of requiring the developer to get the study right and fully fund its cash obligations, the SCA Board of Directors set up a special Finance Committee group in 2008 (The Reserve Look Back Committee), to modify the study by computing the “Fully Funded” values for May 2005. But, let’s go a step further, and ask the multi-million-dollar question.
WHY did the board of directors (including Favil West, Bob Berman, David Berman and Finance Committee Members/board candidates Roz Berman and Jack Troia) FAIL to REJECT THE SECOND reserve study in 2006, and fail to require the developer to get it done right, and pay its obligations according to the law?
Said another way, why DID the SCA Board accept the unlawful 2nd study? And, why were SCA HOMEOWNER funds used to fill up the reserve accounts in 2005 thru 2008 INSTEAD of demanding DW/Pulte fully pay its obligations? Should we consider that to be simple or gross negligence, or could there be fraud involved because the developer received such high financial benefits–at the expense of SCA homeowners?
Can anyone think of a single valid reason to fail to collect the hundreds of thousands of dollars due from the developer in 2005? And, did EVERY budget from the year 2006 until the present time fail to include the money owed by Del Webb at the time of transition?
Finally, how much would our dues/assessments have been reduced if Del Webb/Pulte had been required to obey the Nevada Statutes in May 2005? How much did that shortage of hundreds of thousand of dollars by the developer cause our dues/assessments to be excessive in 2006, 2007, 2008, and 2009?
Why has the current board of directors, and all past boards since the transition, refused to answer these obvious questions? What value has our homeowners received from this failure to collect over a million dollars of reserve funds?
After tolerating 3 years of cover ups, are we going to insist on receiving clear answers this year? Vote SMART.
Posted in 2009 Campaign, Truth Squad, SCA Board, Community Affairs, Other | Print | No Comments »
Some CC&R Problems
March 12, 2009 by Norman McCullough.
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.
Posted in 2009 Campaign, SCA Board, Laws & Rules, Other | Print | 1 Comment »
Ltr to Board President
March 3, 2009 by Norman McCullough.
This letter was sent to Roz Berman today.
Norm McCullough
SCA Villas Representative
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Was a fraud committed on April 26, 2007?
February 27, 2009 by Norman McCullough.
I would invite any concerned member of this community to access the community website (SCA-HOA), and then pull up the approved minutes of The Board of Directors Meeting of April 26, 2007, ITEM XL - UNFINISHED BUSINESS. Under item “C” a resolution (R05-042607), was adopted unanimously by the board to approve the agreement of the reserve deficiency settlement of the Villas with the Declarant.
One might ask (and I have), “What’s wrong with that?” Well for starters The agreement on April 26, 2007, was not a legal document. In FACT, it was not even signed by Favil West and Kay Dwyer until the NEXT DAY (on April 27, 2007)!
What follows is what our Associations Attorney John Leach said of the Villa agreement (Quote) ;
“On April 27, 2007, the Association, acting through the previous Board of Directors, entered into a Settlement Agreement and Release with Del Webb. While Association’s legal counsel was present at one of the meetings attended by the Board of Directors and the representatives of the Neighborhoods, neither he nor his firm participated in any meetings with Del Webb regarding the Neighborhood reserve deficiency. Furthermore, neither the Association’s legal counsel nor his firm participated in the preparation, review or negotiation of
the Agreement or any terms and conditions set forth therein.”
The reserve deficiency mentioned by Del Webb came from the board adopted 2006 reserve study. That reserve study was commissioned and paid for by Del Webb, but apparently Del Webb did not like the results and baulked at paying up on the projected neighborhood reserves.
This begs the question “How could the board members NOT know that the Villa agreement had not been signed yet?
It also calls into question a few more pertinent questions that involve every member of this association. Questions that to this very Day have NEVER been answered. For example;
NRS Statutes REQUIRE that a Declarant provide a Reserve study, and fund it adequately at the time of transition. Del Webb (The Declarant) commissioned TWO such studies. The first was submitted to the Board of Directors and unanimously rejected. The second (replacement), reserve study was the 2006 reserve study, which WAS adopted by the Board. So - why was it necessary for this current Board of Directors to conduct a “2008 Reserve Look-back” and set up a committee to supposedly supply the association with the “Fully Funded” numbers at the time of transition? Well, the SECOND reserve study received by this association from the Declarant, was even worse than the first because IT DID NOT COVER THE DATE OF TRANSITION.
So - now you know why this current Board of Directors had to set up a committee (The Reserve Look Back Committee), to supply the missing “Fully Funded” figures that can only come from a person who hold a reserve specialist’s license. But - lets go a step further and ask the million dollar question;
WHY DIDN’T THE BOARD OF DIRECTORS REJECT THE SECOND RESERVE STUDY SINCE IT DID NOT COVER THE DATE OF TRANSITION, AND VIOLATED THE NRS STATUTES?
Well my friends, I leave that for YOU to ponder. Your money is involved. Was a fraud committed? I am not qualified to answer, and I offer none, but I can certainly ask the question after looking at the records.
It’s your money folks.
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To any resident who is running for a position on the Board of Directors; Propsal #4
January 20, 2009 by Norman McCullough.
If elected, do you swear to finally put an end to A BLOG owners incessant desire to control and manipulate every election conducted in Sun City Anthem?
Only one BLOG owner has the following preamble for the viewers of his website.
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“Note: By subscribing to the Anthem Journal, you are agreeing to receive political content and understand that the blog will be used by its owner to express SCA-related political opinions from time to time.”
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Not only does he use his own website to promote his own political views and smother the voices of those who disagree, he enters other BLOGS to troll for even more lemmings to promote only his views while denigrating and insulting any one who has a differing opinion. If your want to represent all the people who may vote to elect you, you should listen to ALL the residents voices, not just a select few.
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Will you promise to promote a new resolution that will limit ANY BLOG owner to publish only one article listing his/her choices for board candidates, and the reason why he/she prefers that candidate?
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This constant day after day outpouring of thousands upon thousands of words dedicated to denigrate and defeat candidates is the worst kind of journalism, and that type of slime political editorialist should not be permitted to influence our elections time after time for his own personal agenda.
That’s how elections are “fixed” and it time to put a stop to it
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To any resident who is running for a position on the Board of Directors; Proposal #3
January 20, 2009 by Norman McCullough.
Mr. Lowell Benjamin has made an excellent proposal Ron Johnson’s BLOG site. Mr. Benjamin’s proposal follows;
“11)Develop a communications group and point person to interface with local newspapers and TV to show SCA in a positive light and defuse all the negativity that is detrimental to the well being and growth of the SCA community”
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If elected, do you swear to implement this proposal AND allow the voices of the ALL the residents of Sun City Anthem to be heard loud and clear when reporting or otherwise “interfacing” with the newspaper or TV media.
It is patently unfair for members of the board of directors, or members of the finance committee (or any other committee), to address the newspaper and TV media and NOT represent the views of minority people who are directly affected by the deliberations and the decisions made by a select few individuals.
For example the current board of directors is considering a proposal from the finance committee to use our funds to mail a politically motivated statement made by the members of the finance committee to all residents.
The finance committee does not represent the political views of 100% of the population of Sun City Anthem. If they (or any other committee of Sun City Anthem), have differing political views or prefer certain political candidates over another they do not have the right to use committee meetings and the residents money to promote their political views to the population of Sun City Anthem. That’s how elections are “fixed”, and the practice must stop HERE AND NOW. Negativity is a natural result of smothering the voices of some of our citizens, and listening only to a few who wish to put a muzzle on the people who are affected.
The finance committee should be admonished for ignoring the voices of any who may disagree with their intentions.
I think a communications group made of representatives from EVERY community of Sun City Anthem is a good and sensible solution as long as ALL voices are represented and not just the voices of a few select individuals.
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To any resident who is running for a position on The Board of Directors - Proposal No 2.
January 20, 2009 by Norman McCullough.
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Mr. Lowell Benjamin has made an excellent proposal on Ron Johnson’s BLOG site. Mr. Benjamin’s proposal follows;
“3)Bring to a conclusion past 2005 transition issues, calls for a forensic audit, line of sight, by taking a final position so the BOD and SCA community can move forward and focus on the future. Take into account probability of success (POS) and payback.”
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If elected, do you swear to put an end to the deceptive policies of this current Board of Directors, RMI, and the finance committee that allows RMI employees to set policy and/or prices used by a reserve specialist by using bid/estimates that are only good for a 90 day period. This policy was directly responsible for a deceptive and inaccurate neighborhood budget for the year 2007, that produced an unnecessary $500 increase in the annual neighborhood assessments that has now resulted in excessive reserve funds in the Villa neighborhoods. The following year it was rescinded.
The finance committee should be admonished for establishing a president using bid/estimates that can not be relied on as factual. This alone is cause enough for requesting a forensic audit.
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If elected, do you swear to put an end to the deceptive policies of this current Board of Directors, RMI, and the finance committee that allows RMI employees to arbitrarily change the quantities that were previously established by a reserve specialist. Changing the measured and calculated quantities of a reserve specialist should only be done by a person who possesses the necessary qualifications and is licensed to do so. Any changes that are proposed and accepted by the reserve specialist should be fully explained and documented by the reserve specialist in his report to the Board of Directors, and that report should be made available to the residents of this community.
For example - an RMI employee changed the measured quantities established and published by the reserve specialist for eight years (from 2000 to 2008). By changing the required square foot of stucco surface of a typical Villa, the RMI employee affected the estimated dollar amount that was due and payable from the developer to the neighborhood Villa owners on May 31, 2005.
This RMI employee claims that there is 1,016 square feet of glass surface in a typical Villa home, and he further claims protecting and masking the glass area is not a cost factor when a Villa is painted. I did something very unconventional and “off the wall”. I measured the glass area of my own Villa. It’s more like 425 square feet, not even close to 1,016 square feet.
The finance committee should be admonished for establishing a president that can not be relied on as factual. This alone is cause enough for requesting a forensic audit.
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To any resident who is running for a position on the Board of Directors
January 20, 2009 by Norman McCullough.
Mr. Lowell Benjamin has made an excellent proposal on Ron Johnson’s BLOG site. Mr. Benjamin proposals were as follows;
1)Utilize the significant RMI management & administrative personnel along with the dedicated volunteer force to work contracts and processes in-order to reduce operational costs by 10-20%. Use metrics to track results and savings to enhance community i.e.; new amenities and activities.
2)Establish a contracts committee to Improve RFPs, contracts, guarantees and warrantees to/from all vendors and subcontractors
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If elected, do you swear to put an end to the policies of this current Board of Directors and RMI to hire a vendor and pay that vendor over $94,000 of Villa residents reserve funds WITHOUT A CONTRACT that guarantees the full performance of the work?
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If elected, do you swear to put an end to the policies of this current Board of Directors and RMI to enter into contracts and/or agreements without the approval of the associations attorney?
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A Little Bit of Magic — Again!
January 7, 2009 by Norman McCullough.
Well hooooraaay!!
We finally have the results from the “look back” committee that was chaired by Jack Troia. You remember him don’t you? He was the guy working with Favil West on the “Transition Team” that took a year and eight months to figure out how much Del Webb owed to the neighborhoods and put it in a “Villa Agreement”. They never did get around to putting a figure on what Del Webb owed the association. I wonder why?
They didn’t bother to consult John Leach either , because John Leach says he never knew anything about the Villa agreement. You might think that a agreement that concerns $300,000 of residents funds would be scrutinized by some legal authority, but you know how that goes. (What the hell, it looks OK to me - lets give it to the board of directors, they’ll never understand it any way. They’ll pass anything just as long as they’re not late for dinner.)
Lets see, the “look back” says that for High Mesa on May 31, 2005 there was $81,035 in the bank. Then it says Del Webb didn’t make another payment until “On or about 5/1/2007” just shy of two years later!
I wonder what would happen if I was two years late paying my dues?
In fact I wonder where they got the $81,035 bank figure. I asked Terry DaSilva but she said there were no separate bank accounts - only a single “summary” bank account. I wonder who split the money into the separate bank accounts and when did they do it?
Then you have to wonder - if they knew there was a shortage way back in 2005, why didn’t Favil and Jack Troia recommend to the Board that they ask Del Webb to pay up THEN instead of waiting until April 27, 2007 to sign a Villa Agreement? Did they have something to gain by waiting almost two years? The Villa owners began to ask a lot of questions then but we still don’t have answers (I’m gonna have to call out my boys from Chicago).
Jack Troia sure had a lot of help with his “reserve look back” Even RMI did their part. Did you know our Villa’s shrunk during the “reserve look back”? Yea, I’m not kidding - they shrunk according to Bruno Panek. From 2000 until 2008 a Villa required 5,715 sf of painted stucco. Bruno shrunk it down to 3,685 sf last year just for “the reserve look back“.
David Copperfield better watch out, there’s a new magician in Town!!
This “look back” is so full of holes it’s pathetic. The only reason it was done was to validate Jack Troia’s and Favils numbers that were used for the Villa agreement. Favil West and Kay Dwyer to this day swear they consulted with a legal authority before they signed the Villa agreement, but they won’t say who it was (we know it wasn’t John Leach).
Well folks, we got skinned, now it’s your turn. The “look back” also says that Del Webb owed $677,646 to the association (that’s YOU), on May 31, 2005.
I’m betting you’ll never see it. Any takers??
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Embezzlement, mismanagement or stupidity? - You Decide 2’nd Article
December 18, 2008 by Norman McCullough.
There are 58 Villa owners in High Mountain. Those 58 Villa home owners contributed a minimum of $132,267 to the neighborhood reserve accounts (managed by Del Webb management company), during a six year period ending on May 31, 2005. The two properties located at 2553 and 2573 Springville Way for example both contributed $2,029 ( $33.80 per mo. X 60 mo.).
According to association records, on May 31, 2005, Del Webb turned over only $85,166.
That means $47,101 was missing from those reserve funds ($132,267 - $85,166). What happened to the money?
This would be a good question for some one to answer, but who?
Shirley Cheri” - Nope
Don Manning? - Nope
Jack Troia? - Nope
Joe De Meo and the finance committee? - Nope.
Richard Pendleton? - Nope
Mike Dixon? - Nope
Roz Berman? - Nope
I think I’ll ask Dexter, he’s not a CPA or a rocket scientist, but maybe he knows.
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Embezzlement, mismanagement or stupidity? - You Decide
December 18, 2008 by Norman McCullough.
There are 52 Villa owners in High Mesa. Those 52 Villa home owners contributed a minimum of $113,490 to the neighborhood reserve accounts (managed by Del Webb management company), during a six year period ending on May 31, 2005. My wife (who was widowed at the time) contributed a little over $2,366 ($33.80 per mo. X 70 mo.)
According to association records, on May 31, 2005, Del Webb turned over only $81,035.
That means $32,455 was (and still is), missing from those reserve funds ($113,490 - $81,035). What happened to the money?
This would be a good question for some one to answer, but who?
Shirley Cheri” - Nope
Don Manning? - Nope
Jack Troia? - Nope
Joe De Meo and the finance committee? - Nope.
Richard Pendleton? - Nope
Mike Dixon? - Nope
Roz Berman? - Nope
I think I’ll ask Dexter, he’s not a CPA or a rocket scientist, but maybe he knows.
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