Friday, November 7, 2008

Fire Station Ballot and Letter from the Association's Legal Counsel

Sun City Summerlin/Home Owners;

In order to try to make an intelligent VOTE on the proposed CC&Rs Amendment I have requested a formal (written) proposal for this Fire Station from the City of Las Vegas to Sun City Summerlin Community Assn. that supports the need for this Proposed Amendment to CC&Rs only to find that none exist. FYI; the CC&Rs are the foundation of Sun City Community that provide protection of property values and life-style that attracted us all to this community. I have strung the e-mail correspondences to Mr. Winkel and the BoD for reference.

This proposal is flawed in many respects, I will list a few.

· The BoD of Sun City Summerlin Community Association has proposed that the owners approve an amendment to the CC&Rs before there is a written agreement with the City of Las Vegas. No written agreement, No need for the amendment.

· Never before have I needed an Attorney’s opinion or explanation in order to VOTE: Ref; Schulman letter/eight paragraphs and two pages.

· Minor change to the CC&Rs referenced in the Schulman letter is in fact over 600 words+ two Exhibits “A1 & A2”, this is unheard of on a YES/NO Ballot.

· No formal (written) proposal creating a need for a VOTE—the amendment if passed will empower the BoD to finalize details after the fact (VOTE) Ref; Winkle, Steinman

· With respect to the “Eligible Mortgage Holders” the Association does not need their approval of the proposed amendment. Ref; Schulman letter

· Mr. Schulman wrote “Generally, I do not like to amend CC&Rs for one possible transaction”

Being asked to approve this Amendment to CC&Rs is in effect asking you to sign a BLANK CONTRACT with the details to be filled in later by a handful of people; this would create a bad precedent. Remember the CC&Rs are for your protection, please pass this information on.

Dwain Kramzar

2624 High Range Dr

702.838.5049


-----Original Message-----
From: Ron Winkel [mailto:RonW@SUNCITYLV.COM]
Sent:
Wednesday, November 05, 2008 3:11 PM
To: dKramzar@embarqmail.com
Cc: Board of Directors
Subject: FW: Fire Station Ballot and Letter from the Association's Legal Counsel

Dwain, there is nothing that I know of formally in writing from the city, and I don’t think there has to be. The City (Fire Chief, Larry Brown and others) came out several times. The Fire Chief met before the Board. The Board discussed it at length. The city knows exactly what is in our proposed amendment and agrees with it.

The amendment will empower the Board to finalize details, which is I believe the proper way to approach it. The ballot with the amendment was written by our attorney with unanimous board approval. I disagree that there is anything flawed as you state.

Sincerely,

Ron Winkel


From: David Steinman [mailto:dwsteinman@cox.net]
Sent:
Tuesday, November 04, 2008 5:20 PM
To: Ron Winkel
Cc: Board of Directors
Subject: RE: Fire Station Ballot and Letter from the Association's Legal Counsel


Recall that our BOD approved the site subject to written conditions. The City will get approval from the City Council soon. Once we have our affirmative vote, we will reduce all of the negoiations to writing in a contract between SCSCAI and The City of Las Vegas.

David


From: Ron Winkel [mailto:RonW@SUNCITYLV.COM]
Sent:
Tuesday, November 04, 2008 11:37 AM
To: David Steinman
Cc: Board of Directors
Subject: FW: Fire Station Ballot and Letter from the Association's Legal Counsel

David, did we ever get anything in writing formally from the City on the fire station? I don’t remember anything. Ron


From: Dwain Kramzar [mailto:dKramzar@embarqmail.com]
Sent:
Tuesday, November 04, 2008 9:46 AM
To: Ron Winkel
Cc: '
Sun City Summerlin-Blog'; Allan Baer; Robert Robey; David Steinman; Kenneth Caroccia; Marilyn LeVasseur; Pat Cullen; Richard Post
Subject: RE: Fire Station Ballot and Letter from the Association's Legal Counsel


Mr. Winkel;

The problem that I have is I am being asked to vote for a change of the CC&Rs that incorporates a single issue (the Proposed Fire Station) that is not relevant to the CC&Rs. The details of this issue appear will be negotiated after the vote; obviously it would be a major error to support an amendment to the CC&Rs that included undefined and open-ended details. Hopefully the flawed wording of the Propose Amendment to CC&Rs is due to the lengthily 600+ wording of this Ballot. I have high-lighted my request, below, for a formal (written) proposal for this Fire Station from the City of Las Vegas to Sun City Summerlin Community Assn. that supports the need for this Proposed Amendment to CC&Rs.

Thanks again for you prompt attention in this matter,

Dwain Kramzar

702.838.5049


-----Original Message-----
From: Ron Winkel [mailto:RonW@SUNCITYLV.COM]
Sent:
Tuesday, November 04, 2008 5:20 AM
To: Dwain Kramzar
Cc: Sun City Summerlin-Blog; Allan Baer; Robert Robey; David Steinman; Kenneth Caroccia; Marilyn LeVasseur; Pat Cullen; Richard Post
Subject: RE: Fire Station Ballot and Letter from the Association's Legal Counsel

Dwain, the Board discussed the fire station several times in board meetings. I remember at least one meeting where the city Fire Chief was at the meeting and talked to the Board. That portion would be in the minutes of that meeting. I could try and locate those minutes if that is what you are looking for. Please tell me.

David, do you remember anything more than that?

Ron Winkel


From: Dwain Kramzar [mailto:dKramzar@embarqmail.com]
Sent:
Monday, November 03, 2008 10:10 PM
To: Ron Winkel
Cc: Sun City Summerlin-Blog; Allan Baer; Robert Robey; David Steinman; Ed Walterscheid; Kenneth Caroccia; Marilyn LeVasseur; Pat Cullen; Richard Post
Subject: Fire Station Ballot and Letter from the Association's Legal Counsel


Mr. Winkel;

After reading the two page letter from Mr. Michael Schulman (the association’s legal counsel) regarding some legal background information regarding change to the CC&Rs for the possible Fire Station I took considerable time reading through the BoD meeting minutes and I could not find reference to a formal proposal from the City of Las Vegas for the proposed Fire Station. I need this information in order to make an informed vote decision involving any amendment to Sun City’s CC&R; as you know the CC&Rs are the foundation of our community and provide protection of our property value. I would appreciate your prompt response in this matter.

Thanks,

Dwain Kramzar

2624 High Range Dr.

702.838.5049

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