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 4, 2009 by tim_stebbins.

At the regular monthly meeting of the Government Affairs Advisory Committee on March 4, 2009, five of the six members resigned to protest the unacceptable behavior of some current and former members of the SCA board of directors.

Included in this action were Committee Chairperson Ms. Joan Patrick and Committee Vice Chairperson Ms. Rana Goodman. Each committee member professionally presented their disappointment and frustration as they read their personal letter of resignation.

It is indeed refreshing to see people of conviction stand up for their principals. All are people of immense character with enormous talent and experience. It seems some or all of these individuals feel they can and will better serve the interests of the SCA community homeowners as a citizens group independent from the board. They each deserve our support and cooperation as they move forward.

Posted in Community Affairs, Clubs & SIGs, Operations, News!, Other | Print | 3 Comments »

March 3, 2009 by Norman McCullough.

This letter was sent to Roz Berman today.

ltr2roz-berman.pdf

Norm McCullough
SCA Villas Representative

Posted in Other | Print | 1 Comment »

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)!

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.

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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 3, 2009 by Mark Cook.

 The photo above shows the trail being constructed above the East end of Crescent Heights Avenue.  The lower photo shows the trail being constructed above the water tanks, going back up to the power line road.   It’s barely visible, you’ll have to look closely directly above the water tanks to see it. 

 Now, for the  first time in history, the power line roads that ended on each side of the valley above the water tanks have been connected for the benefit of hikers, and mountain bikers, and Henderson police officers on horseback. 

Posted in Truth Squad, Community Affairs, Lifestyle, News!, Other | Print | 1 Comment »

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.

Posted in Other | Print | 2 Comments »

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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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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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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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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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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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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December 15, 2008 by Norman McCullough.

1. The official Hilburn & Lein audit document for the fiscal year ending on Dec. 31, 2005 was signed on September 19, 2006 (9 months and 19 days AFTER the fiscal year ended). RMI’s contract officially began on February 1, of 2006.

Question 1. : Considering the fact that the association is required to produce a budget every year, is it common practice for common interest communities to wait over nine months for information that is crucial for the development of a budget that will adequately fund the operating and the reserve accounts?

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2. Regarding the reserves of the association and the neighborhoods, the letter that was signed on September 19, 2006 by Hilburn & Lein states as follows;

“The schedule of Reserve Analysis on page 20 is not a required part of the basic financial statements of Sun City Anthem Community Association, Inc. but is supplementary information required by the American Institute of Certified Public Accountants. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it.”

This would seem to indicate that $2,455,505 of association reserve funds, and $230,802 of neighborhood reserve funds were NEVER audited by Hilburn & Lein. The information was instead obtained from “inquiries of management.”

Question 2. : Can you tell us who were the “management officials” that furnished the information to Hilburn & Lein, and if the information was ever audited by any other audit firm? Can you further tell us what “methods of measurement and presentation” represent?

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3. The 2006 budgets for SCA are referenced to the 2000 reserve study fully funded amounts.

The 2oo7 budgets for SCA are referenced to the 2006 reserve study fully funded amounts.

Question 3. : Why did the finance committee recommend that the Board of Directors adopt the 2006 budget using the outdated fully funded numbers provided from the 2000 reserve study when there was a 2005 reserve study done by the developer?

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4. I have asked to see bank records of the four individual Villa neighborhood reserve funds for the transition date of May 31, 2005, but I was informed by Terry DaSilva that only a co-mingled “summary” of those reserve funds exists. She further told me that it was the ONLY record the association has.

Question 4. : Does a co-mingled “summary” of the reserve funds of different Villa neighborhoods, that has never been audited satisfy the “generally accepted auditing standards” that you referred to in your statements made at the membership meeting?

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I have more questions, but for the sake of brevity, I’ll wait for your answers to these.

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December 14, 2008 by Norman McCullough.

1. Item IV - 2009 Budget Presentation.

The draft minutes erroneously state that;

“Joe DeMeo, Vice Chair of the Finance Committee, conducted a PowerPoint presentation of the proposed 2009 Budget for ratification by the membership.”

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December 9, 2008 by Norman McCullough.

On Tuesday December 9, the Election Committee meets in Anthem Center at 9:00 AM.

I would like to pose a few questions for the members of the election committee.

1. Do you think it is appropriate for Jack Troia (or any other finance committee member), to use the time allotted for a committee meeting to make political comment and criticize persons who are running for a position on the board of directors of Sun City Anthem?

Jack Troia did exactly that last year. I do not believe that members of the community who attend the finance committee meetings to be informed of the financial matters of this community, should be subjected to a personal opinion of a committee member. Especially in view of the fact Mr. Troia’s wife (Pamela), is a member of the election committee.

2. Do you think it is appropriate for members of the finance committee to corrupt the once a year meeting of the members of this community (The Annual Membership and Budget Ratification Meeting), to make politically motivated statements and criticism of a current board member, who also may be a candidate for the board in the coming election?

As you know, there are a great many committee’s that serve the community under the boards direction. Every board member has the right and the obligation to question and yes to criticize the committee if he/she believes the committee needs further direction from the boards point of view.

3. Do you think it is appropriate for members of ANY committee who make recommendations to the board of directors that affect every members interests, to also make public political statements that may possibly influence the voting decisions of the very members who will be affected by the recommendations made by those committee members?

Just as an example, IF a contract were to be awarded to the highest bidder for a service, and that action was criticized by one lone board member who criticized the committee members for making that recommendation, is it appropriate for those committee members to publicly criticize the lone dissenter?

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December 8, 2008 by Norman McCullough.

Roz Berman, Barry Friedman, Mike Dixon, Shirley Cheri, Roger Cooper, Carl Weinstein and nine members of the Finance Committee, perverted the rules and regulations that govern the The Annual Membership meeting that was held last Friday.

Joe De Meo (Vice Chairman of the Finance Committee), read into the minutes “on behalf of all members of the Finance Committee” a politically inspired statement that had nothing to do with the subject under discussion which was the proposed 2009 Budget. Roz Berman claimed “the board” had approved his conduct. There was no topic on the agenda of that meeting that allowed this blatant politically motivated event. To quote David Berman from his own BLOG;

“ The previously postponed Annual Members Meeting will be at 9:00 AM in Hanneman Hall at Anthem Center. The primary agenda item for the meeting is ratification of the 2009 Association budgets.”

While I was quite happy to see that Joe De Meo has apparently calmed down and is no longer banging his fists on the table as he did during the last election campaign, I was quite disappointed in the conduct of all the people mentioned above. The Annual Membership Meeting is NOT to used as a tool for any of these people to express their political or personal vendettas.

I would sincerely hope that something could be done to prevent this from ever happening again. I personally think its time for some resignations. How much of our money is going to be wasted just because Mike Dixon and his friends decided to wrongly file a complaint against Bob Frank? How much of our money is going to be wasted by giving it to John Leach to defend these children who continue to fight like school yard bullies? When is this current board of directors going to realize they CAN NOT continue to have secret meetings to plot against Bob Frank who has been completely vindicated by the State of Nevada?

If this is what “Unity” is, — it STINKS!

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December 5, 2008 by Norman McCullough.

Reference: Las Vegas Review Journal - Page 4D titled ;

“Seeking to protect homeowners” written by Ian Dixon and Jonathan Friedrich.”

The authors have revealed in that article that a landmark decision was reached by the Real Estate Division of The State of Nevada. In effect the decision says a board of directors CAN NOT impose a special assessment on home owners without a vote of the residents.

As you know our board of directors in the year 2007 did exactly that when they raised The Villa home owners annual neighborhood assessment from $1,500 to $2,000 per yr. (a 33 1/3 % increase). In view of this legal precedent, the actions taken by the board were illegal, and the $500 increase (plus interest) should be returned to us.
The board of directors (in 2007),  failed to protect The Villa owners interests by not allowing them to vote on the increase that took $81,000 from them. The board also failed to protect their interests when they made the decision to force the Villa residents to fund the neighborhood reserve shortages instead of requiring the developer to obey the Nevada Statutes.

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Question for the candidates (Who ever they may be).
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Do you favor returning this $500 to the Villa home owners that was taken from them without a vote, and resulted in the extreme over funding of the Villa reserve funds?

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November 30, 2008 by Norman McCullough.

Attention all Villa home owners in Sun City Anthem. Please refer to the article in today’s Las Vegas Review Journal - Page 4D titled ;

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November 27, 2008 by Norman McCullough.

Ron Johnson is another BLOG owner who has many times demonstrated his concern for the residents of Sun City Anthem. He is a quiet gentleman who doesn’t meddle in the political affairs of the community, but prefers instead to present the facts to the community, and let them sort it all out them selves. Today on Thanks Giving Day I would like to offer this “Thank You” to Ron.

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Ron I want to offer my thanks for your excellent article about the premature failure of the flat roofs many of our phase one residents have on their homes. I have seen first hand the damage that can result when this type of roof fails to drain properly.

The Villa homes all have this type of roof. Right now the replacement cost is $934.50 per Villa. We have a rather small roof area (15’ x 14’). The current cost of the composition roll material is $4.45 psf. From what I understand, some of the single family homes in phase 1 had larger patio areas.

I also want to commend you for publishing the article about the groundless allegations against board member Bob Frank that were made by Mike Dixon. I would really like to know just how much money this whole unnecessary episode has cost the residents of this community.

In my opinion, Mike Dixon has not only caused financial harm to the members of this community, he has sewed the seeds of discontent that are now in blossom in our community. I think it’s time for the majority of the board members who voted to remove Bob Frank from his position of Vice President and Mike Dixon to admit the whole episode was nothing more than a political ploy. Perhaps some resignations?

I’ve noticed there has been NO comment about the Review Journal Article from your counterpart (The eighth board member). After all his slime attacks, one might think at least an apology might be offered, but that might be too much to expect from the husband of our board president considering his past accomplishments.

At any rate Mr. Johnson, thank you for your service to our wonderful community. You were instrumental in guiding us through the Kytec disaster, and have all ways been willing to report the truth without resorting to the type of political mud throwing that is so disruptive and insensitive. You are a credit to our community, and today I salute you.

Posted in Other | Print | 1 Comment »

November 16, 2008 by THE VOICE.

Today’s R-J Business Section leads with the headline:  “Home group’s board battles.   Association panel member accused of legal violations…”

Then it goes on to report that the 14-month-long harassment and retaliation by Dixon and the Bermans and other members of the past two Boards have been dismissed.

No merit was found by the Division or the Attorney General in any of the 110 pages of bogus claims made by Mike Dixon and attorney John Leach!

See the web article:  http://www.lvrj.com/business/34543364.html

or in this file copy:  www-lvrj-com_business_frank_cleared.pdf

Posted in Truth Squad, SCA Board, Community Affairs, Other | Print | 2 Comments »

November 3, 2008 by Norman McCullough.

In 2007 when the Board of Directors told us they had to raise our neighborhoods assessments by $500 because the cost of paint had climbed from $0.90 sf to $1.57 sf (74% higher), we naturally objected.

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October 20, 2008 by tim_stebbins.

Our board has used its business judgment to make a deal with the developer concerning Rec. Center #3.  The board decided the deal is in the best interests of Sun City Anthem.  I would like to take advantage of their business judgment too. 

Here is my proposed agreement: 

The Association gives me $1,375,000.  I get to keep this money for three and a half years with no obligations what so ever.  After three and a half years I agree to give the Association $191,190.  A year or so later I agree to begin paying a portion of the electric and gas utilities bills for Rec. Center #3 and continue such payments for the useful life of the original “Greening” features included in Rec. Center #3.   

The Association will begin saving money immediately upon the initializing of the payments by me.  I agree to establish a trust account to assure such payments continue if I do not survive the useful life of the original “Greening” elements included in Rec. Center #3. 

I think this is a pretty sweet deal for me.  It is the same deal the board made with the developer.  If it is good business for the Association to make this deal with the developer it should be an equally good business to make this deal with me.

Posted in SCA Board, Community Affairs, Other | Print | 1 Comment »

October 10, 2008 by Mark Cook.

Do you have a hot water recirculation pump in your home?  Is it made of yellow brass?  If so, are you concerned about how long it will last?  This photograph shows the inside of a recirculation pump, from a home in Sun City Anthem, that has been in service less than 3 years.  This is classic dezincification:

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October 9, 2008 by bobfrank.

Some have asked, why did I bother to raise the questions about possible fraud concerning the co-gen and RecCtr 3
matters when the majority of the board and our law firm had 100% control of the outcome?  It was a done deal/losing proposition beforehand, what is the use of taking the time to (once again) challenge the misconduct?

In executive sessions and private conversations, I have been strongly pushing for over a year to find the way to require that Pulte honor its contracts and pay its bills.  That especially includes (but is not limited to) getting on with building
RecCtr 3.  But, at what life-cycle costs to the members of this 7,144 association?  Why should the board grant yet another cash benefit of another million dollars or so to Pulte when all it does is rip us off–time and time again? 

The basic question is, are we really a victim without any leverage–as our attorney said at the meeting?  We must not agree.  Even though it was an obvious losing situation, my duty was to inform SCA homeowners of the facts, so that at least there might be some chance for future accountability by Pulte and/or by misbehaving board members.

I am certain that an “effective” negotiation team could have obtained at least SOME consideration from Pulte–even if it was only a performance bond to back up its promises in this time of possible bankruptcy by builders. But, due to what I consider to be incompetence by our board majority and our association law firm, we received nothing but Pulte’s lame promises to honor its contracts.  We are getting nothing of meaningful value for releasing our $1.375 million, and for forgiving the two years of Pulte delays in constructing the 3rd RecCtr.

As we have seen time and time again since May 2005, the SCA board majority accepted a “take in or leave it” proposal from Pulte. Shame on our Board majority, the board law firm, and the CAM for such a miserable performance!  Is it any wonder that many homeowners feel like we have been raped by Pulte and our elected representatives?

In the negative economic future we face, we can be sure that some members will be extremely upset when they finally realize how they will have to make up for all of these sweetheart deals and wasted funds from their own wallets. But, by then, it will be too late.

So, even if a few members complain and call me the “rogue”, I am obligated to continue to demand better performance from fellow board members, and so should you.  After all, it is YOUR money they are wasting.  As they say, a million here, a million there, and soon we have some serious money issues. And, by the way, constantly calling me the “rogue” or maverick board member is a badge of honor.  I am just faithfully respecting my promises to members, and following the money.

Finally, if SCA was a normal corporation where the board was accountable to the homeowners, you might now be removing the
failed board members, along with the failed law firm, and demanding to have a new, competent team to represent your interests.  But, that is not the case in a HOA.  So, until you elect a majority of directors who truly honor their promises to represent homeowners interests, the misbehavior will continue.  We will continue to receive more of what we tolerate.

Bob Frank
SCA Director

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