No. 474	December 28, 2006
Providing service to my community through communication. This issue was distributed to 1,096 subscribers!

Kitec Meetings to be rescheduled!

Good Afternoon

I know many of you are concerned about the recent actions taken by the class action attorneys with respect to a petition they filed with Judge Williams asking that Pulte be precluded from communicating with the “anthem class” and the subsequent minute order issued by the court. The effect that this order has is to prevent our residents from finding out the facts regarding this matter from the only source who knows them, Pulte.

The minute order reads as follows:

"COURT ORDERED, whereby Pulte, through it’s attorneys, agents or employees is to refrain from any Ex-Parte communications with all anthem class members putative or otherwise, in addition, the Court will set this matter for an evidentiary hearing within the next 30 days. Further, the Court will enter a more specific order after the holidays. Plaintiff counsel to prepare the order.” We do know that the developer is pursuing this issue further and we will keep you informed as to the outcome. For those of you who have been trying to get in touch with Pulte, you can conserve your efforts as they will not be returning your calls.

As you know, the board has been advised by counsel to refrain from becoming involved and/or giving advice on this issue. Counsel advises the board that this is an issue between the affected residents and Pulte.

At the request of hundreds of SCA residents, the board, with approval of counsel decided to facilitate and host two resident only meetings with the association’s attorneys and Pulte/Del Webb to provide a forum to have residents questions answered. These meetings were scheduled for January 4th and 7th. On advice of counsel these meetings have been cancelled with the expectation of re-scheduling them as soon as possible.

As you are no doubt aware, Pulte/Del Webb has NOT been named in the class action suit, they have received requests for inspection from more than 2400 of the approximately 3000 homeowners that may be affected and have made cash offers, subject to inspection, to most residents affected by this problem. Several board members are in this group.

At this point, my best advice is to go on the association website every day and to watch the president’s report on channel 99. These are the only official sources of information regarding the meeting updates, and the plumbing issue. Anything you get from any other source should be carefully evaluated before taking any action.

Please know that your board is remaining on top of this issue and will keep you abreast of all information we receive as quickly as it is confirmed.

Favil West

Questions

Were those that opted out of the Class Action, represented before Judge Williams' court?
I opted out of the Class (a fact), so how did I become a member of the Sun City Anthem "class?"

Chuck Davis
Publisher/Editor Anthem Compendium

An Open letter!

There are several things to be concerned about. While the charges by these three firms may total $7800, and the amount to be received from Pulte is touted to equal that amount, there may be some costs that are not covered. One such cost - which does not affect me - would be if the wall to be opened is wallpapered or has had special paint applied, who bears the cost of replacing that wall paper and that special paint? And the cost to apply that wall paper and that special paint? Who pays for the inconveniences that we will sustain, something that is reimbursable by statute? Are we guaranteed against any unexpected cost? I do not see any such guarantee,

But these several possible added costs are the least of the problems. The greater problem is what is being given up by the execution of the general release. The general release provides at the beginning of the third full paragraph:

"I waive my right to file against any Released Party any charge or complaint on behalf of myself and / or..."

Del Webb is a Released Party. There is no limitation that that quoted section applies only to Kitec claims; it is general and non-specific. The fact that other limitations are provided elsewhere in the release - before and after the above quoted section - is not in and of itself a limiting factor on the above quoted section. So you/I would on the execution of that general release be releasing DW/P from all future complaints that we may have in the future in our house.

Under law in Nevada, I am advised, there is a 10 year warranty provided by all builders against latent defects that are now unknown and only become known later in time. In addition, I have a five year warranty against structural defects and plumbing leaks from Pulte, which has one year more to run. By signing the pending general release with that provision, I am giving up the right to complain about any future defects that may become known.

I strongly believe that this message should be brought to the attention of all residents here in Sun City and not be kept from them because it may be in the best interests of Pulte to withhold this analysis - or because Favil may have a great dislike for class action attorneys. I strongly believe that these class action attorneys have benefited us by bringing this problem to our attention at this time before our rights under law would have evaporated. The fact that they may earn a fee is but another benefit of our economic system which benefits all while benefiting those who show economic initiative.

Recognize this: Six months ago I did not anticipate that we would have this Kitec problem. If I had signed a general release such as the one that has just been presented at that time for another problem, I would not now have any recourse against Pulte for this Kitec problem - in the class action or otherwise!!!

If I do not sign the general release I am left with my claim against Pulte through the class action. As I believe that Pulte has really admitted liability through their offer, I am convinced that ultimately the full cost of the repair will be reimbursed by Pulte in that class action. (And if there is a little less collected -none - I will write off the loss as insurance for protection against future unknown problems.)

If Pulte did the work, they would be held to guarantee the repair job. I know you have said ALD (as an aside do you know who ADL refers to? Anti Defam League.) will guarantee their work for 25 years and Wiesbo will guarantee their material for 25 years, but I have not seen any written guarantee form to be received from either of them, nor can I forget the 'hold harmless' provision they tried to get from all who sought their services. I hope they do not try to have us assume the burden of oral agreements for parts and labor. I am a definite lover of the written agreement.

While their form states that: "ALD guarantees major repairs as outlined under the NV statutes, said repairs are guaranteed from the date of completion and for defective workmanship only." No time period!!! Where is the Wiesbo guarantee? That one has never been seen.

The class action attorney is also concerned that many of the residents might collect the money from Pulte and not make the repair. Were that to happen, their insurance policy could very well be impacted because they have bargained away their right of subrogation against the party causing the damage. Thus, there would no insurance should a leak occur and the resultant damage could be considerable.

These then are the concerns that are had from a legal perspective.

David Bernstein
Sun City Anthem Resident

www.sca-hoa.org
Log in and click on Channel 99.
Suggestions and comments to:

channel99sca (at) yahoo (dot) com

STORIES
1. Holiday Magic Show– (The Performing Arts Club’s Variety Players) at Freedom Hall
2. Bellagio Chocolate Fountain - Marie D’Angelo
3. Serenity Day Spa – Jackie McRitchie
4. Dr. George- Flu Doctor – Dianne Davis
ONGOING FEATURES:
1. Meg’s Stretch and Tip – Meg Poulson
2. Nutrition Helps – (Osteoporosis) Sue Simecka/Amy Miracle
3. Cranky Critic, Anita Rosen – “Babel”
4. Activity Manager’s Report – Greg Dreyer
5. Something to Think About – (Holiday Eating Precautions) - Lois Krashin
6. Board President’s Report – Favil West
7. Kitec Plumbing Issue – Patrick Auld

DETAILED RECAP OF WEEK 92 – AIR DATE MONDAY, Dec. 25, 2006

Tune into Channel 99 for a special treat – The Holiday Magic Show featuring The Performing Arts Club’s Variety Players at Freedom Hall. Marie D’Angelo enjoys the fabulous Chocolate Fountain at the Bellagio Hotel. Jackie McRitchie gives us an inside look at our own Serenity Day Spa. Learn important health tips as Dianne Davis interviews Dr. George “The Flu Doctor”. Cranky Critic, Anita Rosen, reviews the movie Babel.

Greg Dreyer provides viewers with information on upcoming SCA activities. Sue Simecka and Amy Miracle talk about ways to prevent Osteoporosis. Meg Poulson presents her fitness Stretch and Tip of the Week, and Lois Krashin advises us to follow some holiday eating precautions. The program concludes with Favil West giving his Board President’s Report and Patrick Auld’s statement on the Kitec plumbing issue.

Phyllis Davis
837-0644

Upcoming Sun City Anthem Activities
at home and about town!

Party!
New Year's Eve Gala
Trumpets Prime Rib Buffet with its Signature chocolate fondue fountain!
Black tie optional and cash bar available.
$100 per person ($110 after 12/24)
$120 per person - preferred seating in Trumpets ($130 after 12/24)
December 31, 8:00 p.m. to 1:00 a.m.
Seating times: 7:30, 8:00 and 8:30 p.m.
See the December Spirit, page 19

The Minuteman Foundation, Inc. Tax ID # 48-1256766
2505 Anthem Village Drive, Suite E-480
Henderson, NV 89052

The Minuteman Foundation is the organization which provides the funding needed to support the activities of the Community Service Club. The Foundation is a 501 (c) (3) charity.

The Minuteman Foundation has received a donation in memory of Frances Wynns Knudtson Marrus who recently passed away. Acknowledgements to her husband, Barry S Marrus.

Though it's hard to see the reason, may it comfort you to know that loving thoughts go out to you...

The goal of The Minuteman Foundation is to fund the many and diverse needs of the elderly in each and all of our growing communities.

Pursuant thereto we have allied with the Community Service Club to provide free assistance to SCA residents. The services included are:

Transportation: To local area medical providers or supermarkets. Three (3) business days notice required to arrange for your ride.

Equipment: We will loan you (on a temporary basis) a wheelchair, walker, crutches, cane, or other durable medical equipment.

Home Maintenance: Assistance with minor home maintenance chores such as: cleaning or replacing overhead air filters, replacing batteries in smoke alarms and carbon monoxide (CO) detectors, or changing overhead light bulbs.

Home Assistance: Resource Directory of information on fee-based, discount, and many other services available to seniors. Volunteers will also shop and deliver groceries or prescription medication to residents who are temporarily homebound.

Support Groups: CSC sponsors several support groups to assist the residents of Sun City Anthem. These groups are:

Living “Well” with Disabilities (physical mobility)
2nd Tuesday, 1—2:30 p.m., Anthem Center
Alzheimer’s Caregivers
3rd Monday, 6:30—8:30 p.m., Former Sewing Room
Bereavement — please call 614-5862 for information.
One on one guidance through Jewish bereavement protocol
One on one grief counseling for loss of a child
Friends of Bill W. Meeting of Alcoholics Anonymous -
Every Monday, 7 p.m., Independence Center.
Home Caregivers (for those caring for a loved one at home)
3rd Monday 1:30—2:30 p.m. Anthem Center.

Volunteers are the backbone of the CSC. We need your help!
HELP US NOW AND WE WILL HELP YOU LATER!

Call 614-5862 to volunteer or for further information.
Our business hours are 9 a.m. to 4 p.m., Monday — Friday.

Please make your dollars count, mail your check to:

The Minuteman Foundation, Inc.
2505 Anthem Village Drive, Suite E-480
Henderson, NV 89052

Please do not send mail for the Foundation to the Sun City Anthem Community Association. Use the above address.

It's easy to make a financial donation to the Foundation with your credit card. Click here. All transactions are via a secure link to PayPal, a wholly owned subsidiary of eBay. Your donation may be fully deductible. Contact your tax advisor.

Chuck Davis
Co-founder and Treasurer
The Minuteman Foundation, Inc.