April 26, 2009 by bobfrank.

Lest we forget, the critical issue with the restaurant lease is whether the board majority elects to:

1. Indemnify the lessee against customer complaints, or

2. Conduct a survey of members to find out if a majority of those responding agree with supporting the selected restaurant lessee in the future.

The first option is unprecedented. It would cost a great deal in both direct and indirect expenses. And, the resulting agreement could be used to charge the participating directors of willful violations of their fiduciary duties.

The second option could be done quickly and cheaply to resolve the dispute. It also could provide a golden opportunity to alert all SCA members as to what is planned, and when Trumpets will be re-opened.

Such a current survey about current restaurant matters could also be used to develop a mailing list of members who responded and who wanted to be kept updated on operating schedules, menus, and special events supported by the new lessee. What a gold mine of information that would be mutually beneficial for achieving success with a new lessee!

So, why is the board majority fighting so hard to keep from sending out the survey and eliminating the need for any more wasted efforts on this issue?

It is about their egos. Roz and her collaborators refuse to compromise–even when a great deal of association money, time and member convenience is being wasted.

The situation is shameful, but it clearly illustrates why there have been so many inexplicable disputes in the past couple of years.

Bob Frank
SCA Director

Posted in 2009 Campaign, SCA Board, Laws & Rules, Operations | Print | No Comments »

April 24, 2009 by bobfrank.

Here are my responses to two recent posts by David Berman on his blog:

1.  David Berman added to his blog about the Trumpets Lease that says:

“Board member Bob Frank asked if the proposed minimum monthly rent of $6,500 would cover SCA’s costs. Both Forgeron and Board Treasurer Shirley Cheri said that Hernandez will also be responsible for payment of his utilities, and that the rent is at least enough to cover all of SCA’s expenses, including the amounts needed to fund the restaurant’s reserve accounts. Forgeron added that because of the resident interference, the proposed rental amount includes a concession of what had originally been sought.”

Translated = NO!  The proposed rental amount has been reduced. Current lease plans are for SCA homeowners to continue to LOSE MONEY! The “negotiating team” is planning to “indemnify” the lessee against losses, but NOT the SCA homeowners!

Do we now know why there has been much double-talk and secrecy, and why no deal has been announced before the board voting is over?

Is there anyone left who is confused about why I have questioned the common sense and ethics of the Board Presidents and Treasurers who have controlled the leasing of our extremely valuable restaurant facilities for the past four years?

———————

2.  There are too many deceptions and outright false statements in David Berman’s (DB) blog about yesterday’s discussions on the restaurant lease fiasco to deal with them all. But, here is one item that shows how easy it is to discredit DB’s spinning:

DB said: “Bob Frank, reminding the audience that he had opposed making the restaurant open to the public, said that residents should be surveyed on that subject.”

Berman’s statement is false. He took words out of context from my comments on multiple agenda items, and I have the recording to prove his deception. For example, concerning:

- PUBLIC ACCESS: My comments were made concerning Agenda Item XII.C.3 where the Finance Committee (FC) was recommending spending over $70,000 for replacing kitchen equipment–BEFORE we have finished negotiating a lease agreement!

This FC recommendation came:

(1) after the board had already spent $150,000 last Fall to repair and replace Trumpets furnishings and equipment for the New Years Eve party;

(2) after about $50,000 was spent over a year ago to clean, refurbish, and replace Trumpets premises and equipment; and

(3) without requiring a business case by RMI to show why the repair or refurbishment of existing equipment items would not be a much better SCA option than buying all new equipment for the next lessee.

I have said in the past (when it was still possible to have a members and guests only policy for Trumpets) that I could continue to support the developer’s “turn-key” approach to equipping and maintaining the restaurant premises and equipment.

But, once the board majority had established the policy for public access using a commercial lease, I could no longer support the past policies of fully equipping the kitchen.  SCA can no longer justify a policy of owning, maintaining and providing everything to a restaurant operator. Members should not be forced to continue to pay assessments to maintain such very expensive restaurant equipment used to produce external profits for a lessee.

- MEMBER SURVEY: My oft-repeated requests for a member survey about the Trumpets lease was made during discussions of Agenda Item XVI.A. They were proposed to resolve the year-long, highly contentious issue of whether, or not, the board has the unilateral authority to sign a long-term restaurant lease without member agreement. The issue is easily resolved, and the results would replace the obsolete restaurant survey data taken in 2007.

A current member survey about the proposed lessee and its food service offerings could be included at little to no cost in one of the routine mailings to members. It could be completed in less than 60 days. History proves that thousands of members might quickly respond to a trumpets survey. And, since trumpets is not projected to be in operational before October 2009 (2 years after the last lessee was removed), there is time to consult with our membership.

However, the board majority has refused to conduct such a survey, and the Board has produced no reasonable rational for refusing to take such a logical action. That kind of practical business/marketing approach could keep members informed and significantly increase the likelihood of future lease success. The results could also provide critical feedback on whether the proposed lessee is likely to get support from most members.

Both the Board and the lessee should be highly interested to know if a CURRENT survey of CURRENT members does or does not show high member interest and intended support of the proposed lease. The risks of failure to BOTH parties is very high if NO survey is conducted–while they continue to fly blind with insufficient and/or erroneous information.

Bob Frank
SCA Director

Posted in 2009 Campaign, SCA Board, Community Affairs, Operations | Print | 3 Comments »

April 18, 2009 by bobfrank.

(This article in response to a vicious personal attack today on Ron Johnson’s bog.)

Thank you David Berman for that last attack. It shows your true colors.

For homeowners: Please note that key founders of the Unity Party (David and Roz Berman) have again demanded that I file a law suit against the association. Is this the “cooperation-not confrontation” policy claimed by the unity party? Is this the party of peace, harmony and team work? Or, is this just a clear sign of a phony mantra? Will we see any unity candidates, unity directors, or other members of the unity party disavowing the Berman misconduct?

In my various postings below and on the AV website, I explained why I am entitled by law to have my expenses reimbursed. David Berman’s serious conflicts of interest and his background of ethical misconduct and status as a suspended attorney makes his legal opinions worthless.

Filing a law suit to collect what is due me would have to be my last resort. As long as I am a member of the board, my fiduciary duty requires me to be concerned about the impacts of any law suit on our association. David and Roz Berman know that, and have used it against me.

Meanwhile, SCA homeowners deserve to be fully informed on the legal issues and the potential costs BEFORE the board decides to invite a law suit. Such a law suit could be very expensive and very damaging to the property values and lifestyles of the whole community. Members should also be allowed to express opinions before the board confirms it wants to go to court to directly challenge the distinguished Nevada Trial Lawyer Association President, Bob Maddox.

Of course, no one has the right to demand that I absorb a lawfully-authorized $30,000 legal defense bill. I was falsely and unjustly attacked through the State of Nevada by the SCA Board of Directors. And, after the Attorney General had reviewed the allegations and months of investigations, I was found innocent, and all charges were DROPPED. The association is obligated to pay for the board’s willful misconduct–one way or another.

In addition, before a final decision is made by the board, SCA homeowners should receive a written opinion from a totally independent attorney. There is no public written opinion from John Leach.  And, even if a Leach opinion was released, it would be of no value since he has such UNRESOLVABLE conflicts of interest on this matter.

Finally, it would be appropriate for the current board to pay this bill and not dump it on the next board.  Passing the buck would be cowardly.

Bob Frank
SCA Director

Posted in 2009 Campaign, Truth Squad, SCA Board, Community Affairs, Lifestyle | Print | 1 Comment »

April 17, 2009 by bobfrank.

At the Town Hall last evening, once again, “unity party” dirty political tricks were apparent.  The attached file is posted in response to a (misinformed) member question:  “Why have I heard that you are always threatening to file law suits?”

The fact is, I have never filed a law suit, and have not threatened one.  Instead, for almost 18 months, the board officers have used legal actions to harass and retaliate against me for disagreeing with their covering up millions of dollars of past financial misconduct.

Led by the 2007 and 2008 board presidents (Mike Dixon and Roz Berman), and advised by the association attorney (John Leach), the other directors have systematically cooperated with efforts to try to personally destroy me through the Nevada Government Agencies. If I had been wrong about my claims of financial misconduct and/or fraud, they could have just ignored me since they had the majority votes to disregard my concerns.

But, the other directors have viciously attacked me through the State of Nevada since September 2007 and forced me to spend over $30,000 to defend myself against 110 pages of false allegations of law violations.  A few months ago, I was 100% cleared by the Attorney General and Real Estate Division, and the association has been required by law to fully reimburse my defense expenses.  But, the SCA board, led by Roz Berman, have violated the statutes and SCA by-laws and refused to pay.

See the attached file for more details on how others are commenting on Ron Johnson’s blog.   False political rumors by the unity machine are exactly the opposite of the truth.

Bob Frank
SCA Director
bobfrank@cox.net

RJ Blog Comments on Indemnification As Of 18apr09

Posted in 2009 Campaign, Truth Squad, SCA Board, Community Affairs, Operations | Print | No Comments »

April 13, 2009 by THE VOICE.

On his website, Ron Johnson has continued his multi-year disagreement with Roz Berman, Mike Dixon, Jack Troia and others on the board and finance committee concerning the neighborhood reserves issues.

For your convenience, here are two of his latest editorials:

Fraud Against Neighborhoods
Do Not Vote For Deceit

Posted in 2009 Campaign, Community Affairs, Laws & Rules, Operations | Print | No Comments »

April 13, 2009 by admin.

Below is my response to Al Glickman on Ron Johnson’s blog concerning dues/assessments :

——————-
Al Glickman said:

“I give up.

I guess it’s true that Roz Berman, Jack Troia and everyone else except Bob Frank who have had anything to do with running SCA or handling our finances over the past three years are just bad people. I’ll just forget the facts, such as that our dues are still rediculously low for everything that we have here in SCA and that despite the lousy economy and the puny investment return rates out there, SCA is still presently in excellent financial condition with substantial cash on hand and more than adequate reserves. It is far more important to concentrate on purging the board of those who have created such financial mismanagement.

Yes, SCA may have been shorted somewhat by the developer, but surely, given our current financial situation, this is making a mountain out of a molehill. The idea that everyone here has been screwed, blued and tattooed to a point where we have all been irrevocably hurt is just a bunch of hogwash.

I hope that Ron Johnson is correct when he states that the Attorney General’s office is completing an investigation on what happened during the transition period and that the results will be forthcoming soon. My question is that if such an investigation concludes that things were not quite as bad as some seem to think they are, will the crusade end at that time?”

———–

For Al:  Thank you for finally making your position clear. Your latest post can be of great service to the readers of this blog. I recommend that everyone read and analyze it carefully.

For readers: Please note that the law and income tax rates require that our assessments be set to cover our annual operating expenses and reserve requirements. Good financial management dictates that we collect what we NEED from members–not less and not more.

The Board is not legally allowed to arbitrarily set assessments based on the “prevailing rates” of other HOAs. If our community property management needs are actually less than other HOAs, so be it! There are good reasons for such lower operating costs, but that is a topic for another article. Meanwhile, the frequently heard argument that “SCA dues are low, so why worry?”, is both deceptive and legally indefensible.

In the 2007 budget, the Finance Committee and Board reported the association had accumulated over $3.7 million in “Surplus Assessments” since 2005. Those funds were designated as “surplus” because the cash was left over after all bills had been paid and SCA reserves had been funded to over 90%.

Surpluses continued to significantly increase in 2008–even though SCA expenditures significantly exceeded receipts. But, in the opinion of many members, if I and a few other members had not put so much public pressure on the unjustified assessment rates and the income tax discrepancies, you would not have seen a dues reduction in 2009 from $1,100 annually to $960. Facts indicate we could have another dues reduction in 2010–regardless of what you may have heard about the projected very high costs of opening and operating the 3rd recreation center.

So, when anyone says that SCA is in “excellent financial condition” it is primarily due to cash surpluses. It is not a result of “brilliant” financial management. Members have been significantly overcharged by the Boards for many years, and the multi-year surpluses have not been returned, not credited against future obligations and income taxes have not been paid on the “profits”.

Not only is over-charging and arbitrarily rolling over the profits without member approval against statutes and against tax law, it is just plain dishonest to claim that good financial management has created the surplus cash position that the association enjoys. We deserve much better board leadership, and much better financial management policies for the future.

In the meantime, I still remain hopeful that some of the financial management participants in the past will come forward and confirm most of the above. I know how difficult it is to openly oppose the powers that be; but, we all need to preserve and protect our self-respect and rights to make choices without fear of retaliations.

Bob Frank
SCA Director and candidate for re-election

Posted in 2009 Campaign, SCA Board, Community Affairs, Operations | Print | No Comments »

April 12, 2009 by admin.

Some members have asked that more attention be given to the presentation by Gil Mars at AV’s Seminar on April 7, 2009.

If you follow Gil’s recommendations, you will save water heating costs and get more years of service from your water heater.

So, here is a PDF version of the slide show.  Write us if you have any difficulty in viewing the PDF file.

Water Heater Maintenance Slide Show

Posted in 2009 Campaign, SCA Board, Community Affairs, Operations | Print | No Comments »

April 11, 2009 by THE VOICE.

An ANTHEM VOICE seminar attended by over 110 SCA homeowners was held in the Anthem Center on April 7 from 6:30—8:30 PM. It was arranged and hosted by Bob Frank, Ron Morse, Ken Anderson and Tim Stebbins.

This event covered a wide variety of issues of current concern to Sun City Anthem homeowners. The meeting room was rented by AV and made available free of charge to all SCA residents. AV seminars are offered so Sun City Anthem residents can have access to the latest information available on issues affecting their health, lifestyle, and home maintenance. Anthem Voice seminars draw upon the exceptional skills of SCA residents in combination with outside professionals. Invited professionals attend at no cost and no obligation. They are present to assist our SCA members with unique information. Useful handouts on most issues are made available to attendees.

After an introduction by Bob Frank, the 1st session focused on the Bureau of Land Management (BLM) open pit mining project planned for 3 miles south of the community. Bob had made the Anthem VOICE arrangements with BLM to make the presentation. George Meese, SCA’s volunteer Committee Chair to Oppose the Mine, served as session moderator.

After some introductory remarks, Mark Chatterton, Assistant Field Manager for Nonrenewable Resources for the Las Vegas BLM Field Office, answered resident questions and instructed them how to best make their voices heard on the issue. He emphasized the need for sending individual letters to BLM and senior government officials that focused on health, air quality, traffic, and the expected extremely high water consumption concerns versus personal financial impacts. It was generally agreed that the session was exceptionally useful, and that many more such events were urgently needed.

See the attached files for more project details and for government contact info.
blm-project-contacts.pdf
kill-mine-project.pdf
april09_lvv_pg3.pdf

Session 2 was moderated by SCA homeowner Ken Anderson. Mark Cook assisted. This session focused on SCA homeowner construction defects. Expert presentations included information on yellow brass plumbing failures in Kitec, Rehau and Wirsbo systems, floor tile cracking, slab cracks in Del Webb Phase 1 homes, patio/flat roof drainage problems in DW Phase 1 homes, and Pulte sewer backup valve problems.

Speakers included construction defects special attorney Troy Isaacson from Robert Maddox & Associates who provided up-dates on SCA home construction defects issues.  Mr. Isaacson also included details on why homeowners should immediately get involved with strongly opposing Senate Bills 349 and 337. These bills are intended to radically modify construction defects laws to the great advantage of developers and builders.  For example:

·    SB 349 would allow builders to violate building codes without penalty and take away homeowner rights to legal fees when they are sold a defective home.

·    SB 337 cuts in half the amount of time a homeowner has to hold a builder accountable for construction defects and puts limits on homeowner rights–even when one is the victim of a fraudulent builder.

·    Immediately contact Senate Judiciary Committee Chair Terry Care (775-684-6503) and Vice Chair Valerie Wiener (775-684-1422) to find out more details and to express your strong objection to such legislation.  See this file for more contact information:  condef_bills.pdf

Session 3 was led by Gil Mars (SCA Resident and long-time home plumbing maintenance volunteer). Gil gave an exceptionally valuable presentation with many photos of problems and on how to double water heater effective lives from an average of 4 years to more than 8 years.  Even those in the audience well versed in such matters were overheard to remark about how valuable Gil’s recommendations were. This topic will need to receive much wider exposure in the future. Every Southern Nevada homeowner could benefit from Gil’s expert advice.  See PDF version of the slide show:  Water Heater Maintenance Slide Show

Considering the big turnout for the evening with such highly focused questions for over 2 hours, it was obvious that SCA residents are starved for specific information on how to cope with constantly changing construction defects issues, and how to deal with Nevada’s water corrosion problems. New and complex issues are frequently popping up. The full information is almost never available, solutions are rarely obvious, and results are usually expensive.

Many residents asked for regular meetings on these issues. It was clear the Board of Directors should be sponsoring these events. At least the board should not be charging $100 per room for the opportunity to put them on. Please send email to anthemvoice@cox.net with your opinions.

Posted in 2009 Campaign, SCA Board, Community Affairs, Special Events, Operations | Print | 1 Comment »

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 »

April 7, 2009 by admin.

Reminder:  the Anthem VOICE seminar on construction defects and BLM open pit mining is from 6:30 to 8:30 PM tonight, Tuesday, April 7, in the Anthem Center.

Here is the flyer and the agenda for this seminar:

av-seminar-agenda.pdf
8-7apr09_av_seminar_flyer-final.pdf

Here is some BLM-related information provided by George Meese:
blm-resident-work-group-letter.pdf
blm-phone-directory-_small-type_.pdf
blm-phone-directory-small-type.doc
blm-resident-work-group-letter.doc

Seating is limited.  Those who have reservations will be guaranteed a seat.  Other SCA members are encourage to drop by and use any vacant positions available.

This will be a highy informative seminar–don’t miss it.  We may not host another one this year.

Posted in 2009 Campaign, SCA Board, Special Events, Operations | Print | No Comments »

April 1, 2009 by bobfrank.

I maintain personal relationships with leaders in many NV Homeowners Associations, and the following is a quote from a recent email from Sun City Summerlin member who was writing about SCS problems. For those who are NOT among the group who support the unity machine’s political policies of covering up past financial management and misconduct, this Sun City Summerlin member quote may be useful.

SCS is much larger than SCA, and it has been in operation for about a decade longer. And, because that community has not resolved its historic financial issues and undemocratic board management styles inherited from Del Webb, the community is still suffering. While many community factors are different, the history of financial mismanagement and chronic board misconduct are hauntingly similar. There are SCS lessons to be learned by SC Anthem.

This post is also a reminder that community peace and harmony depends upon implementing ethical financial management, open governance, and compassionate leadership by our board of directors. Despite the intense political spinning, most of us know we have a lot of work ahead of us. But, the journey will be worth the collective efforts. With better leadership, SCA can become the dream retirement community we all hoped for when we purchased our homes. In the meantime, there will continue to a growing number of SCA members who will not tolerate anything less than good governance.

QUOTE:    (I have replaced the SCS names with XXXX to protect them from personal attacks.)

XXXXX:
“You are much too kind. It is not selective memory, but Boards for years lying to the shareholders and cheating them out of information they need and deserve.

“You just happen to serve on a Board that has 8 Directors committed to the belief that a very small group of people in this community are the only ones who know what is best for all. Let’s see what happens with the Fire Station negotiations. If it is handled like the NEW OWNERS RESERVE ASSESSMENT (NORA) was this community is in for another failure, in a long line of failures, like XX XXXXXXXXXXX, etc.”

“Remember our leaders truly believe that it is better to waste millions each year then to have realistic dues. They have always claimed that it was worth it and needed to keep up home values. What a joke.”

“Businesses that could be made profitable, and still have lower dues, is what will help home values. I think by now even they and their Realtor and CAI friends realize that home values are what they are, and running an Association as a slush fund is not in the best interests of the homeowners.”

“The answer to all our problems, even with the constant perversion of NRS, is to have a Board that knows how to run a Corporation. Right now we have only you, and perhaps an Executive Director, who might be able to do the job with a knowledgeable Board. XXX XXXXXX

p.s. XXX it was great to see you on the chat line. Someday we should write a book about this place. We could call it “THE TRUE HISTORY OF SUN CITY SUMMERLIN.” There aren’t many of us old timers around any more.”

UNQUOTE

Refusing to look back to fully correct past failures is a recipe for stimulating more and more antagonism and disruption. It is similar to what happens when one ignores infections or cancer. The problems must be effectively resolved, or else.

Remember to Vote, and to vote smart in this board election. The future of our community is in the hands of those who vote.

Bob Frank
SCA Director and candidate for re-election

Posted in 2009 Campaign, SCA Board, Community Affairs, Operations | Print | No Comments »

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 100^th 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 »

March 26, 2009 by THE VOICE.

Attached are PDF versions of the April 2009 The Vegas Voice issue containing Anthem VOICE’s second, pull-out supplement.

See pages 1-15, 2-16, 3-17 and 4-18 in the center section of the full publication.
Apr09 Vegas Voice Paper with Athem VOICE Supplement

Here is the 4-page supplement by itself.
Anthem VOICE April ‘09 Supplement

The Vegas Voice newspaper will be in Sun City Anthem mailboxes by the middle of next week.

Reminder:  Anthem VOICE Seminar on Tuesday, April 7, 2009.  Keynote topics are BLM Open Pit Mine and Construction Defects.  See this flyer for more details:

Seating is limited.  Send email RSVPs to anthemvoice@cox.net.   Attendance free to all SCA members.
Seminar Flyer for Tuesday, April 7, 2009

Posted in 2009 Campaign, Truth Squad, SCA Board, Community Affairs, Operations | Print | 1 Comment »

March 25, 2009 by bobfrank.

 Here are the PDF versions of the hate mail and my response seen below:

scarfs.pdf     Response to SCARFS Political Hit Piece

—————————————–

Bob Frank’s Response to the Sun City Anthem Residents For Sanity (SCARFS) Political Hate Mail

Only cowards and scoundrels distribute hate mail without their names on it. The recent SCARFS community-wide mailing by “dozens of SCA friends and neighbors” is an insult to the entire SCA community, and a false representation of Bob Frank’s service to our community.

Below is a partial response to the slanderous accusations in the SCARFS hate mail. The smartest thing for SCA residents to do is simply trash the document. Even better yet, if you have any information as to the individuals behind this mailing, please send that information to bobfrank@cox.net.

Allegation 1: “For the past two years …Bob Frank, has practiced a confrontational, obstructionist brand of politics that has created great friction among his fellow directors and discouraged residents from stepping forward as community volunteers.”

Bob Frank’s Response:  Yes, I confront dishonest and dishonorable people when they do something wrong; and yes, I try to block Board actions that would hurt our community.  I am the only person on the Board with the integrity to stand up to flawed policies.  If this is bad, then I plead guilty.

Allegation 2:  Bob Frank entered office on a promise of giving and showing respect, but he has proved that even mild criticism will be met with bullying and threatening, intimidating responses.

Bob Frank’s Response:  The criticisms referenced here by Linda Krivec and Frank Blaha were public and quite hateful. I can share with anyone interested, the nasty items they posted, and my private, respectful responses to them.

Allegation 3:  A senior Air Force officer in an era when relatively few women were in the upper military ranks, Bob Frank has been especially hostile to the two women on the current Board.

Bob Frank’s Response:  I have never been, and never will be hostile to or discriminate against anyone—especially women. Hostile is what the SCARF hate mail is!  I am proud of my 22 years of military service, and I deeply resent the callous attempt to denigrate it.

Allegation 4: This is what Mr. Frank wrote… “I believe that HOA standing committees tend to evolve into social cliques that function something like high school, college and other social fraternities. Instead of being solely focused on the high-value business matters of this community, standing committees tend to be just another kind of ‘club’.”

Bob Frank’s Response:  I am not alone in this thinking. Nearly everyone in SCA has been exposed to the controlling and petty thinking of some committees. If telling the truth is a crime, I deserve to be punished.

Allegation 5:  Frank voted “no” on issues we think he should have supported.

Bob Frank’s Response:

1.    I voted against the 2009 SCA Budget because the proposed dues level of $960 was TOO HIGH. The board could not justify the raise of dues from $940 to $1,100 in 2008, and I also voted no at that time. Then they had to reduce them and grant credit on the accounts. This confusing fiasco was obviously avoidable.

2.     I voted against retaining the auditor selected/hired by Del Webb/Pulte for SCA during the past decade—and that was the correct position.  We need fresh eyes and different expertise to help protect our homeowner interests.

3.    I voted against the 3rd Rec. Ctr. sellout orchestrated by the board majority where they agreed to give away over a million dollars to the developer for no good reason.

4.    I voted against proceeding with a Trumpets sole-source negotiation with just one candidate because having more competition could allow us to reduce our risks and negotiate better terms and conditions. The board’s gross mismanagement of the Trumpets lease for the past 5 years has cost members close to a million dollars.

Allegation 6: When Bob Frank and his spouse were working to get a fellow resident elected to the Board last year, they provided information on how bypass the log in rules.

Bob Frank’s Response:  The fact is my wife did absolutely nothing improper.  If anyone had violated anything, the Board or CAM would have certainly issued a warning or sanction.  Complaints about this matter point right to David Berman as being a key player in the SCARFS group.  No one else cares about this trivial topic.

Allegation 7: Bob Frank has frequently threatened our home values by going to outside media with allegations of irregularities in the operations of Sun City Anthem.

Bob Frank’s Response:  My claims were accurate and appropriate.  Cleaning up our financial management issues will greatly enhance our home values. I must have been close to the mark or they would not have over-reacted as they did.  Imagine sending a political hit piece about me to all owners, at association expense, without allowing me to respond in kind?  They are intensely worried about what I am saying and doing!

Allegation 8: Don’t vote for Bob Frank.

Bob Frank’s Response: Don’t vote for me unless you value ethics and openness.  And, be prepared to take full responsibility for your choice if I am not re-elected to continue pressing for honesty and professionalism.

Posted in Truth Squad, 2009 Campaign, SCA Board, Community Affairs, Operations, Lifestyle | Print | No Comments »

March 20, 2009 by bobfrank.

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

Posted in 2009 Campaign, SCA Board, Community Affairs, News! | Print | 1 Comment »

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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March 16, 2009 by bobfrank.

For those who have called and/or may be wondering:   I was invited, but elected to not place any re-election information on David and Roz Berman’s Unity Slate blog.

I want nothing to do with the site and the people who have developed and promoted SCA political parties and slate campaigns. Slate politics and politics of personal destruction have done our community great damage. These practices should be rejected by all SCA members.

I urge all SCA members to get to know all of the candidates. Make individual choices for whom you will trust to assess and spend your hard-earned money to maintain and grow our community. History shows that only when electing directors do you have any real power to make a difference for the next year or two.

Spend a little time to get to know the character, ethics and business management qualifications of each candidate, and then, VOTE SMART.

Sincerely,

Bob Frank
SCA Director

Posted in 2009 Campaign, SCA Board, Lifestyle, Other | Print | 4 Comments »

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.

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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 »

March 7, 2009 by bobfrank.

Because of the recent posts on this blog, and due to the Anthem VOICE supplement article in The Vegas Voice paper about Trumpets, I have received calls and requests to briefly comment about why so much money was lost on the restaurant lease since 2005?

Previous questions: “Why did the board fail to collect the hundreds of thousands of dollars of rent money and catering revenue shares in 2005 and 2006 from the trumpets lessee? Who was responsible?”

Short Answer: The 2005 and 2006 Boards, Finance Committees and Community Managers completely failed to effectively manage the restaurant lease. The reasons for this massive failure remains a deep, dark secret. We know that failure to act properly in this case was not due to ignorance, lack of expertise, or lack of authority.  The only known benefactors were the developer and its chosen lessee.

The people involved, and their friends, are not talking. Instead, they demand that we all just look forward and forget the past misconduct and I am attacked for daring to ask the questions. The total losses since 2005 have amounted to many hundreds of thousands of dollars, and members have suffered an empty/losing restaurant space for well over a year. How can this fiasco be ignored since members will eventually have to make up for the losses?

Could it have been avoided? You bet!   The facts show that on any given month between May of 2005 and April 2007, the board officers COULD have provided a written notice to the lessee that it was in breach/default. The lessee could have been given 30 days to become fully compliant or lose its access to the premises. Since Trumpets annual catering revenues were estimated in the millions of dollars at that time, the lessee would have been driven to quickly pay all funds due to SCA to avoid interruptions/bad publicity to its catering business.

In addition, Nevada Law provided a unique and powerful way to unilaterally terminate the lease in 2005 and 2006. Terminating the lease and being open to possible re-negotiation of a new lease, after all funds due were received, was a viable option.

See details in NRS 116.3105
http://www.leg.state.nv.us/NRS/NRS-116.html#NRS116Sec3105

1. Responsible 2005 Board Officers included President David Weil, Vice President David Berman, and Secretary/Treasurer Favil West (who had also been the board Treasure since 2002.)

2. Responsible 2006 Board Officers included President Favil West, VP Bob Berman, Secretary Elaine Berg, and Treasurer Kay Dwyer.

3. Responsible 2005-2006 Finance Committee Members included Chairman Jack Troia and member Roz Berman.

4. Responsible Community Managers included Arnie Snow and Terry DaSilva.

5. Responsible attorney was John Leach, and the responsible auditor was Gary Lein.

Continuing to cover up such a major financial misconduct is not acceptable. Our members paid with their hard-earned money for the losses of hundreds of thousands of dollars, and we also had to suffer poor restaurant service.  Were all of the above equally responsible for the massive failures?  Of course not!  But, it is a mystery why none of them have been willing to help clean up the issue.  In my opinion, assisting with the cover up of misconduct is a serious breech of duty.

If the facts were fully known, there is a possibility that some of the losses could be recovered through various insurance policies, legal claims, and other methods. But, without the full facts and cooperation by those involved, recovery may not be feasible.

Help me to help you get to the truth, recover some of the losses, and help avoid unnecessary dues/assessment increases in the future. Send me email with your suggestions: bobfrank@cox.net

Bob Frank
SCA Director

Posted in 2009 Campaign, Truth Squad, SCA Board, Community Affairs, Operations | Print | 1 Comment »

March 2, 2009 by THE VOICE.

All Sun City Anthem residents and 30,000 other Las Vegas age-restricted residents will be receiving a special AV supplement in their mailboxes during this week.  The basic newspaper is named The Vegas Voice.

For those who are traveling or otherwise miss this historic issue, an online PDF version is available at:
http://thevegasvoice.net/

For those who would like to download the first page and AV 4-page supplement only, here is the file:
Anthem VOICE Supplement, March 2009

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March 1, 2009 by bobfrank.

Thank you to all who wrote and called with your prayers and messages of concern.  To have such support is truly gratifying.

I have been out of the Nellis AFB Hospital for a few days.  I feel fully recovered and am already fully involved in all of my responsibilities.

Bob Frank
SCA Director

Posted in 2009 Campaign, SCA Board, Community Affairs | Print | No Comments »

February 26, 2009 by Mark Cook.

Bob Frank was hospitalized at Nellis AFB Hospital with severe abdominal pain on Monday. Tests have determined he has a fast acting infection that is responding to antibiotics and has not spread. He is expected to be released on Thursday or Friday. Bob and Kay thank the community for their concern and appreciate the quick response of the Air Force medical team at Nellis.

Posted in 2009 Campaign, Community Affairs, Operations, News!, Other | Print | No Comments »

February 22, 2009 by THE VOICE.

Recent postings suggesting that past boards and some standing committees have suffered from groupthink syndrome have stimulated a broader discussion on the behavior, and how it relates to the way the board and finance committee have ganged up on Bob Frank to try to suppress his efforts to clean up some key financial and contracting problems.

We must admit to being a bit surprised that many of our residents seem to be unfamiliar with the concepts and consequences of “groupthink” behavior.  Many of us were trained as managers to be aware of the natural human tendencies to be vulnerable to groupthink, and to be prepared as leaders on how to circumvent it to achieve superior results from our groups.

What is “groupthink”?  “A mode of thinking that people engage in when they are deeply involved in a cohesive in-group, when the members’ strivings for unanimity override their motivation to realistically appraise alternative courses of action.^[3]”

With this in mind, it is easier for some individuals to understand why we must insist on pressing for corrections to certain financial errors and related misconduct.

Even though Bob Frank is called the rogue or maverick board member by some groupthink leaders, it can not be allowed to deter the work.  Such terms are not really negative slurs.  You need to be aware of what is going on to be confident that the majority of our SCA members will eventually recognize the truth and demand appropriate actions be undertaken.

Symptoms of groupthink

Posted in 2009 Campaign, Truth Squad, SCA Board, Community Affairs | Print | 1 Comment »

February 19, 2009 by bobfrank.

During the January 2009 Board Meeting the board members were discussing the motion to renew Mr. Gary Lein as association auditor and there were discussions about my previous calling for independent audits of certain financial matters.  Mr. Lein’s then invited board members to notify him directly if we had any particular concerns he should include in his 2009 audit plans.

With this in mind, I have submitted the following 11 items to Mr. Lein for his 2009 plans.  A letter describing the following items in more detail is here:  Letter to SCA Auditor Gary Lein

1.    2008 Reserve Fund “Look Back Study” needs to be audited to allow members to have high confidence in the revised reserves calculations.  These numbers are used to drive the levels of future assessments. The modified reserve study document is also used to justify the collection of hundreds of thousands of dollars for reserves payments that have remained due from the developer since 2005.  It has to be legally and financially accurate to be used as a collection document from a giant corporation like DW/Pulte.

2.    Unresolved Back Income Tax Questions need to be clearly answered.  For a number of years SCA reported it did not owe any income tax, but the rules for our corporation show that SCA should have paid taxes on surplus revenues.  Retired IRS managers in our community have said that over 3 million dollars of surplus assessments, and another million of other income were taxable.  Taxes could have been avoided on the millions of surplus dues/assessments if  they had been refunded or credited to member accounts.  The other surplus revenues/profits were clearly taxable.  And, since the surplus revenues were retained/rolled over for years without declaring any income tax due, more than a million dollars of back taxes are likely owed.  Since Mr. Lein was our tax preparer, as well as auditor, I have asked him to audit the returns and explain how we can avoid paying back taxes and heavy penalties in the event of an IRS audit in 2009.

3.    Valley Crest Hardscape Replenishment Contract.  This audit request is to review the apparently deficient contracting procedures used on RMI’s award of a $71,706 contract for 969 tons of landscape rocks to Valley Crest.  There were no written specifications and no written requests for bid.  Also, there are unresolved questions about such issues as whether the contract competition was conducted fairly, if SCA needed to pay more than $28,000 for the hardscape work, and if the contractor has actually delivered all that it was paid for.

4.    Sole-source Contract to Lutron Lighting Co. for $87,962 for minor upgrades to Anthem Center lighting systems.  This contract needs to be audited because there are many unanswered questions about the sole-source rationale, the casual contracting procedures, and the unusually high costs of such a limited project.

5.    Insufficient Details to Back Up RMI Check Requests.  This issue was a concern in the past, and has been reported as corrected.  I have asked for an audit to confirm that corrective actions have been implemented and will be sustained.

6.    Cleo Design Program Contracts.   About $600,000 was spent on Anthem Center and Independence Center facilities upgrade projects this year, and most of the orders for the work were apparently accomplished without using competitive contracting methods.  This huge project needs an audit in 2009 to confirm that the community funds were properly expended.

7.    Restaurant & Kitchen Refurbishment for over $150,000 in 2008 to prepare for the New Year’s Eve party.  An audit is needed to verify the project financials and the contracting procedures.

8.    Iron Fence Painting for about $250,000 in 2008.  Board-developed and approved specifications for this project were apparently disregarded, but the vendor was paid in full.  An audit is needed to review if the contracting and financials were handled properly by RMI.

9.    $16,700 SCA Check Donation to Minuteman Foundation in 2006.  There are unresolved questions on the legality of this large check issued between the two corporations while Favil West served as presidents of both boards.  The transaction needs to be audited to chart the best path to resolve and reconcile the matter.

10. $300,000 payment from DW/Pulte to SCA for construction defects in Rec Ctr 2. This transaction needs to be audited because the payment was claimed to be for health and safety defects, and it is not clear that all items were fully repaired or resolved.

11. Uncollected $1.375 Million funds Owed by DW/Pulte in 2005.  These are the “Co-Generation Plant” funds owed by the developer and uncollected since May of 2005.  The board acted in 2008 to allow DW/Pulte to apply most of those funds to “greening” Rec. Ctr. 3, and it is not clear the board acted properly or legally in doing so. Instead of greening the new center, it appears the board should have had Rec Ctr 3 built as originally proposed by Pulte.  And, the board should have required DW/Pulte to pay the $1.75 million in full, and credited an equivalent amount from available surplus assessment funds to the homeowners.

The community will be advised of the actions taken by Mr. Lein on the above items.

Bob Frank
SCA Director

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