Some Changes, Some Prompt, “What Are They Thinking?”

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Some Changes, Some Prompt, “What Are They Thinking?”

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  • #6689
    Rana Goodman
    Keymaster

    Let’s start with a change over at the Real Estate Division:

    Nevada Real Estate Division (NRED) for anyone that has issues with the way their HOA is run, and/or needing information of Nevada Revised Statutes (NRS 116) laws which apply to HOA’s.  Charvez Foger, the Ombudsman for the last four years, now has been promoted to Deputy Administrator. Our new Ombudsman for all of Clark County is Jason O. Wyatt. He will be leading the charge of assisting homeowners and board members of HOA’s (common interest communities) to better understand their rights and obligations.


    I’m sure most of you are now aware of Anthem Council:

    The Council has raised the “contribution” amount for each of the communities in Anthem that share the expense of maintaining the landscape in the Anthem loop. SCA pays the largest portion since the share is based on the amount of homes in each community.

    I have always liked 90% of the look of both Sun City Anthem Drive as well as the route I normally drive, Anthem Parkway. However I have to ask “what are the members of the Council thinking when they start permitting the new landscape company to rip out dozens of healthy trees and plants in the center median, thus leaving nothing but barren rocks in their stead. This is the new look you can “enjoy” as you pass the fire station and reach Atchley Drive all the way up to Merrimack Valley drive going into Black Mountain Village.

    Continuing on Anthem Parkway towards Albertson’s,  you will notice many, many, MANY weeds among the landscape. Perhaps the new landscape company thinks they are just desert tolerant plants. Some might say that the trees and many plants were deemed dead and dying, but this was NOT the case with what was removed, I pass that area many times a week and once upon a time, I loved the look of our community….. not so much these days! I don’t know about you, but I would like to see two things completed, shake-up the way the council operates and change the members of  Anthem Council board entirely, and obtain input from the communities that pay the bills.

    ____________________________________________________

    Next let’s talk a little about the legal counsel for SCA.

    I have made no secret of my disdain for the current attorney,  Adam Clarkson, so I was thrilled to learn that request for a new counsel ad been sent out. In reading the board book I noticed that Adam Clarkson came in third place out of the proposals received, and yet in spite of that, it seems he will be retained over number one and two, John Leach and Michael Schulman, an HOA specialist with 40 years experience.

    As a point of interest, when I was on the board, I asked why SCA paid Adam Clarkson for board training since NRED provided it free of charge. The president at that time, Candace Karrow, told me that he didn’t charge for the training but I later discovered that he most assuredly does. There are many other reasons I was thrilled to learn a search for new counsel was under way and sufficed to say, thank you to Forrest Quinn for voting not to retain Clarkson.  To the rest of the board, I hope as the year progresses, you WILL RETHINK THAT POOR DECISION.

    #6694
    Dick
    Participant

     

    How does  #3 get the job as Adam Clarkson did?

    Just another example of group who refuses to acknowledge past mistakes, accepts them as “that’s the way it has always has been done”,  and is afraid of change.

    The Board owes the community a full explain of the reason why the #3 was chosen over the other two?

    Next up will be Seddon’s contract.

    What’s that going to cost us? $350,000 per year?

    Are bids going to be prepared for this position that only a few years ago, was brought to the attention of the community that her income FAR EXCEEDED any comparable individual?

    Perhaps a visit from a 2018 might be in order:

     

    #6695
    MARCIA KOSTERKA
    Keymaster

    The old adage consistently comes to mind: “Fool me once, shame on you. Fool me twice, shame on me”. Let us look at the composition of the current board.

    1. NEW BOARD MEMBERS.

    The onus is on them to become familiar with the questionable financial history of our community which has had more than its fair share of mistakes and wasteful spending.

    2. COMPOSITION OF THE BOARD MEMBERS.

    a. Some members ignore the homeowners and make decisions solely based on selfishness laced with the selfish belief “I want what I want when I want it”.

    b. Some members make decisions based on “going along to get along” and due to their lack of relevant experience, are afraid to express how they really feel from fear of being ostracized by fellow board members.

    c. Some board members fully accept the legal counsel’s opinions without question, believing that
    he is the epitome of knowledge, disregarding the fact that these opinions may well be flawed.

    Some time ago, I suggested they any board should investigate placing legal counsel on a retainer.
    This will enable them to control expenses, not have that person there all the time and charge for
    each and every opinion that comes from them.

    3. WHAT RECOURSE DO HOMEOWNERS HAVE?

    Since the board tends to ignore the fact that WE pay for all their decisions, residents should not
    be forced to financially support another restaurant if the deal is not a fair one for the largest
    segment of the community.

    It is my belief that the overwhelming number of owners who signed the “no restaurant” petitions
    (1400) did so after a complete analysis of the low percentage of success was fully explained.

    The time is long past due to acknowledge that homeowners rights and opinions should also count.

    #6701
    Stephen Anderson
    Participant

    Several comments.  A number of people have commented on the removal of center median plants extending from Atchley and then south past Merrimack Valley on Anthem Parkway.  The removal of the center median plants were done by an order from the City of Henderson to improve line of sight for those trying to turn off or on Anthem Parkway from Red Valley and Merrimack Valley.  For the few areas that SCA was notified about, the work was quickly done.  It has taken Anthem Community Council far longer to do the work and while they have removed a great deal of plant material, it is unclear what they intend to put in its place.  Anything in the center median cannot be more than a maximum of 24 inches in height.

    The second comment pertains to the continuation of the Clarkson Law Group as the SCA general counsel.  While Clarkson did appear as #3 in the Board Book the number does not imply any ranking.  The listing of the law firms that were interviewed were done randomly.  The three groups interviewed were seen as being equal with some different strengths and weaknesses.  The Board interviewed each firm twice and took almost three months of gathering information and discussing the pros and cons of each.

    Several other points.

    Legal opinions, advice and other work are not accepted without any discussion.  There is a great deal of discussion and often we will ask that what has been provided be changed.  Further the board is meeting monthly in person with the general counsel to better communicate.

    Speaking only for myself, I make decisions based upon what I believe will create value for the Association and to minimize legal liability for the Association.  I love living in this community and want to focus on where we need to be going today and in the future.  I value talking and listening to all points of view from residents.  Sometimes I will agree and sometimes not but I will always listen to what people have to say.

     

    #6702
    Dick
    Participant

    My sincere thanks to Steve Anderson for taking the time to respond to this article.   That in itself, is quite rare for a Board President to do; and for that alone, he should be commended.

    I wish he would have gone into greater detail as to the reason he favored The Clarkson Law Group over the other candidates.  His explanation was vague and unfortunately did not cover the relevant points on which any decision was made.

    Just what were the strengths and weaknesses of each candidate on which the final decision was based?

    With that in mind, I would enjoy the opinions of the other Board members on which that voted to retain Clarkson.

    To know the strengths of the Clarkson Law Group on which the decision was made would allow the community to judge for itself if the right decision was made over the length of the agreement.

    Also, how long does the agreement with Clarkson remain in effect?  Was there a contact and will it be published on the Sun City Anthem web site for the community to view?

    Once again, a thanks to Mr. Anderson with  the  hope other members of the Sun City Anthem Board will provide their reasons as well.

     

     

     

    #6704
    Rana Goodman
    Keymaster

    This response is basically for Steve Anderson and the rest of the SCA board of directors:

    I confirmed with the city of Henderson that they mandated the removal of plants/trees that were “blocking “line of sight.” What I don’t know is if the city actually sent someone to Anthem to check the “line of sight” from the center medians themselves.

    The ground cover plants were NOT in excess of the 24 inches high, as “decreed” and the trees were not sufficiently mature as to block line of sight at all.. The ground cover plants were not dead or dying, as are the dandelion like plants that were planted at the corner of Wild Iris and Anthem Parkway… and YES, I have complained about those to every board since Jim Long held the president position. If you don’t believe me when I say the look of that area, and on down Anthem Parkway to Bicentennial is a total mess, take a drive and check it out Tumbleweeds and all.

    I have to ask why, considering the amount of money SCA pays to Anthem Council and our own landscapers we seem to have little or NO oversight to the work they do. If this community were run more like a business perhaps a committee would be assigned that task.

    I would also like to point out that a community like ours, especially in the price range our homes are reselling at, the upkeep of our common grounds would be more in the the forefront. I find it hard to take landscape compliance of our homes seriously when the same is not applied to the landscape companies taking our $$$$ in large amounts.

    With regards to the Adam Clarkson comments, I only know of one other HOA attorney who seems to feel his hire as also a path to “board control”….. Maybe the idea of legal advice and manipulation have become somehow welded together. Personally, were I still on the board my vote would have gone to Michael Schulman.

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