Archive for the 2010 Campaign Category

Consequences Of Supporting Illegal Board Decisions

Director Carl Weinstein has posted on AnthemToday as follows:

 ”There were several occasions when I felt that what the Board was going to do was not in the best interests of the residents and I voted “no”. I was accused of not “cooperating” and of “confrontation” with the other Board members. After I made my case at meetings so that the residents were informed, I ALWAYS ended up supporting the majority Board opinion–that is the democratic way we live.  Other former Board members who were in the minority at voting time did everything to “torpedo” the Board’s decisions. That is NOT my style.”

This helps to clarify one of the many fundamental failings of the so-called Unity Party board members and its followers who intimidate its sponsored board members into ALWAYS going along with the board majority decision.

Contrary to Mr. Weinstein’s statement, it is anti-democratic/potentially illegal to willfully go along with apparently illegal board decisions.  A director is lawfully bound to aggressively oppose and challenge unlawful board behavior.  The majority opinion of any board can not be always correct!  Honest mistakes and deliberate corruption are potential risks facing every board.

Here are some Wikipedia symptoms of groupthink we see regularly promoted by Unity Party participants:

  1. Illusions of invulnerability creating excessive optimism and encouraging risk taking.
  2. Rationalizing warnings that might challenge the group’s assumptions.
  3. Unquestioned belief in the morality of the group, causing members to ignore the consequences of their actions.
  4. Stereotyping those who are opposed to the group as weak, evil, biased, spiteful, disfigured, impotent, or stupid.
  5. Direct pressure to conform placed on any member who questions the group, couched in terms of “disloyalty”.
  6. Self censorship of ideas that deviate from the apparent group consensus.
  7. Illusions of unanimity among group members, silence is viewed as agreement.
  8. Mind guards — self-appointed members who shield the group from dissenting information.

A director who knowingly goes along with a board decision that violates statutes or criminal laws can be accused/prosecuted for being an “accessory” or “accomplice” to crimes. 

In addition, here is a review of some potential consequences for a director who initially objects to a board decision, and then goes along with law violations (such as stated by Mr. Weinstein and other previous directors).
http://en.wikipedia.org/wiki/Accessory_%28legal_term%29

In general, SCA members can not trust those who have been elected by the unity party and have routinely practiced unity’s mantra of “cooperation–not confrontation“.  This unity party policy has been distorted into meaning that they never look back on/evaluate the previous board’s financial decisions–regardless of the consequences.

Directors such as Carl Weinstein and Dan Forgeron and Attorney Ann Small who have gone along with so many alleged law/statute violations are vulnerable for being charged with being “accessories” or “accomplices” to the alleged violations and/or crimes.

They should be considered untrustworthy for continuing to serve in SCA board and/or committee positions.  And, directors not up for re-election at this time must stop following the group think practices, or be considered eligible for removal.

Liberty Center Fiasco Continues?

Nelson Orth has posted a very useful, updated report on AnthemToday about the outrageous mismanagement of the Liberty Center program as follows:
http://anthemtoday.com/forum/viewtopic.php?f=6&t=1362#p1951

In addition, other SCA members with extensive construction expertise have reported the board is not hiring a licensed  Inspector to provide a detailed report on all of the construction defects in Liberty Center PRIOR to accepting the building from Pulte.

This failure is a repeat of the board’s failure during acceptance of Rec. Ctr. 2.  It is guaranteed to cost our members hundreds of thousands of dollars in the future.

In case you missed them, Nelson’s article is in addition to these 2008/2009 AV articles/documents:
http://blog.anthemvoice.org/2010/01/03/board-failed-to-collect-1375-million-from-pulte/
http://www.anthemvoice.org/c-gen_issue.html
http://www.anthemvoice.org/resources/Revised+Co-Gen_RecCtr3+Agrmt.pdf
http://blog.anthemvoice.org/2009/12/06/failure-to-answer-questions-proves-board-coverups/

http://blog.anthemvoice.org/2008/10/20/let%E2%80%99s-make-a-deal/
http://blog.anthemvoice.org/2008/10/06/questions-about-co-gen-recctr-3-for-board-meeting/

This long record of apparent gross negligence started in 2005 with board presidents David Weil and continued on with Favil West, Mike Dixon, Roz Berman and Jack Troia.

We do not know what benefits any directors might have received in return for such apparent waste and abuse of homeowner funds.  But, it remains true that:

  1. SCA boards in 2005, 2006 and 2007 failed to collect the $1.4 million Co-Gen funds owed by the developer in 2005.
  2. SCA’s Board, Community Manager, Finance Committee (under Jack Troia) and Auditor failed to legally account for the $1.4 million payment due into SCA Reserve Fund in 2005 and 2006.  Instead they used surplus assessments to fill up the reserves, and forgave the debt owed by Pulte.
  3. Past boards refused to require the developer to build Rec. Ctr. 3 on-time in 2006 using only developer funds.  Instead, the board conducted a bogus survey in 2006-2007 that served to allow the developer to delay construction start by 2 years and saved the developer hundreds of thousands of dollars in the process.
  4. Homeowner agreement was never obtained to spend a million dollars of reserves funds to “green” the 3rd Rec. Ctr.  And, the claimed “Return On Investment” for greening was bogus.  These failures could be shown to be important law violations.
  5. None of the involved/culpable board officers since 2005 will reveal the secrets about why they acted as they did in 2005 and 2006.  And, the so-called “unity party” group has fought viciously to help them keep the secrets.  The unity group’s mantra of “cooperation–not confrontation” has been shown to protect the corrupt secrets of their board and committee buddies.

Eventually, the truth will come out on this and other board actions that resulted in the developer gaining millions of dollars of benefits to the detriment of our unit owners.  As we systematically follow the money trail, more and more facts are emerging and law enforcement departments are paying attention to the reports.  It is just a matter of time.   2010 may be the year for stopping such misconduct.

New Author on Anthem VOICE Blog

Sun City Anthem homeowner Marty Winger has asked to post personal opinions under an area called “Winging It” under our IMHO (In My Humble Opinion) Category.

Visitors to this blog are invited to read and (after opening up a user account with your real name) to comment on his articles.

Good luck Marty!

AV Administration

7 Candidates For 3 SCA Board Positions

For clarification, there are 7 candidates for 3 open positions this year and they are grouped below by those with independent commitments to residents vs. those with political party commitments.

INDEPENDENT CANDIDATES:
1. Kay Frank (Former IRS Auditor, Financial Manager, and National Archives staff member)
2. Kathleen Hicks (Retired Nevada Administrative Law Judge)
3. Lyndall Ruiz (Retired CA Attorney, 2005 SCA Director and former school teacher)

“UNITY PARTY” Candidates:
4. Celeste Bove’
5. Dan Forgeron (incumbent)
6. Jerome Gardberg
7. Carl Weinstein (incumbent)

Our SCA members are blessed with a clear choice this year with 3 exceptionally outstanding women who are willing to make sincere and believable commitments to independently serving both the interests of SCA homeowners and the interests of the community association board.

This promises to be a spirited board campaign that offers unambiguous choices for whether the policies of the past are to be perpetuated, or whether openness, honesty, and ethics are truly implemented by the SCA Boards of the future.

When (not if) the politics of personal destruction are once again implemented by the unity group, the lessons learned from the recent Senate election in MA will prevail.

Director/Judge Ann Small Appears to Violate Statutes

During the January 14, 2010 Special Board Meeting, the SCA Board of Directors violated numerous Nevada Statutes.

Since Director Ann Small is a NV attorney and part time judge, her personal participation in the flagrant law violations are highlighted in the attached article by Anthem VOICE authors/founders Tim Stebbins, Bob Frank and Kay Frank.  We believe she should be held accountable for her behavior.

Contrary to the Unity Cult’s Sponsored Web Site operated by David Berman, we welcome and will gladly post any responses or rebuttals received from Director/Judge Ann Small.

We seek the truth, and if the attached article is wrong, we welcome being corrected.

Anthem VOICE

Director Small Ignores Statutes