You tell me who is making crap up!

BPearson & FYI: appreciate your insights and advice to help a newbie acclimate! After a long tenure (which continues…sigh…) in a Corporate culture, I’m well-conditioned to political landscapes. I’ve learned to respect the concepts of “sphere of influence” and “span of control”, finding a “local” focus can pay better dividends (and less frustration) than a focus on things we have little control over. One of my best mentors consistently instilled in me the belief that “the fight is out there”. And I believe it should be. Internal disagreements, albeit necessary at times, shouldn’t confuse our mission on or allegiance to the greater, collective good. We should find a way to make a difference together, unselfishly and sans ego, in order to keep the Sun City dream alive. I tip my hat to the handful of passionate voices on this site who are fighting the good fight.

Also, a note of sincere appreciation in honor of Veteran’s Day to all those who have served our great country! May God Bless you.

 

You bring a smile to my face SCPhx. I came from a work world of tilting at windmills and came to understand just how foolish i was. One of my constant arguments to those who argued Sun City was selfish was simply this: Putting a bumper sticker on your car proclaiming "World Peace" or "Stop Hunger" was all well and good, but it did nothing. Global scales are invariably bigger than all of us. When i moved here i embraced the concept all politics is local. I quickly came to understand i could make a difference in my tiny little community of Sun City by putting my hand and doing something. To me, that was far more powerful than all the grandiose hyperbole of those with a microphone and a platform that accomplish nothing.

Sun City residents, over the years, have given back tens of millions of hours to keep us unique, affordable and a more viable alternative than most other age restricted communities. My problem today is the RCSC has failed to understand that concept of "community before corporation." We need to redefine that or it will at some point be gone for good (or in this case, for bad).

 

Thought i would revisit this thread given one of the documents i dropped off with the RCSC was the piece (dated 12,19, 2002) written by the board to Realtors and mortgage brokers telling them exactly what the terms and conditions would be regarding grandfathering those before Feb of 2003. Hell, who knows, maybe the attorney even wrote it? We do know though they flat out said, home owners who were grandfathered would take it with them, even if they sold.

This is significant because the change the gm made, around 2009, was done so by convincing the existing board no one really knew what the 2003 board's intent was. In fact, she claimed (and i remember it well because it affected both my parents and my wife and I), that the RCSC attorney told her there could have been a different intent. That it could have meant only as long as you stayed in the same house. That, in spite of testimony from those that passed it, were in the room. Just as an FYI, that was a common excuse foisted on the board (the attorney told me so, even though we, the board, never talked with the attorney).

Let me get to my point. This breach of the grandfathering clause has cost hundreds if not thousands of Sun City residents a substantial amount of money. Owners who moved while covered being grandfathered were forced to pay a "lot assessment" rather than the individual rate they were entitled to. We are talking about the last 12 years and a boatload of people.

And as long as the RCSC has rushed off to their attorney, they may want to run this by them: is there the potential for a class action suit by those screwed when the board made the illegal change? Yikes. The good news is, the board has errors and omissions insurance, but does the general manager? And if she used the attorney as the scapegoat for the decision, what about him? Yikes again.

I know you all wish i would go away and just leave well enough alone. Sadly well enough isn't good enough for what the residents of Sun City deserve.

 

Well, I'm no lawyer (thank god) but I did sleep at a Holiday Inn Express last night!

I would say that the lawyer and the GM broke the first rule of statutory interpretation which is:
"Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. ... The first and most important rule is the rule dealing with the statute's plain language. This rule essentially states that the statute means what it says."

You can't read something into a law that isn't there! Example: If a law states that it applies to those who are 20 and 25 years old, you can't assume it also includes those who are 21, 22, 23,and 24!

I believe that what Bill is saying is what the document says and means! If there were to be an exception to the definition of the term "grandfathered" it would need to have been written in the document!

Just my opinion!

 

"Let me get to my point. This breach of the grandfathering clause has cost hundreds if not thousands of Sun City residents a substantial amount of money. Owners who moved while covered being grandfathered were forced to pay a "lot assessment" rather than the individual rate they were entitled to. We are talking about the last 12 years and a boatload of people."

Okay, BP, shall we tell them in an opinion editorial in the Sun City Independent? Maybe that's the carrot needed to get a quorum at the annual Membership meeting. Let's do something about it.

 

There is no kind way of saying the GM has broken several laws, with the intent of having the protection of corporate indemnity to cover her decisions. There are far too many egregious changes made to documents as well as keeping the corporate financial records in a constant state of flux to cover whatever her most recent finacial endeavor may require millions to cover. (Unknown Solar Costs come to mind) The flagrant disregard for the needs of the members in the interest of creating additional revenue streams appear to be a personal motive, one not intended to benefit anyone except the corporation.

The "grandfathered" clause being overturned based upon someone stating the original translation is unknown is an exercise in greed and conspicuous intent to create a pain to the membership that has been long lasting and highly debated. Think of of all of the families who have had to pay additional revenues year after year, even after the death of a loved one, just to appease one person's interpretation of a clearly written rule that has no double meaning to it. I think of those suffering under the financial burdens placed upon them by the RCSC in the coporate attempt to play "God" with the written rules and laws.

And lets not forget all of the times the "attorney" was called upon to offer an "expert" opinion, to back up the initial decision made by the GM and the agreeing board. He is as culpable as anyone in this fiasco, and should also be held accountable for alleged actions and offered opinions in the name of the corporation.

The collusion involved in these actions, to include the letter sent in regards to a members actions, is defiantly against the corporate documents as written. The ability to recall a board member or officer is not something to be decided by an attorney who has a biased interest. It needs to be decided based upon the original intent of Del Webb's original written documents, without others trying to insert their own personal ideas or agenda as a side note as to their meaning. The meaning is clear, members have the final say, and that is in black and white, not open fpr debate.

 

Interesting comments CM. Now that the RCSC has a copy of the letter i dropped off with my packet of information clarifying the grandfathering position, i expect an apology and refunds will be coming any day. When freaking pigs fly. Let me be blunt; the outcome was what the gm wanted in 2009 and the board willingly gave it to her. Residents be damned.

As far as rallying the troops for the annual membership meeting, those affected are a tiny minority of the overall population. That said, the more people come to understand the breach of agreements made by the RCSC with the community, the more they will question their integrity. Relationships should always be built on trust. How much does this board and management team have right now?