Thursday, July 14, 2011

Re: [SCBuzz] Where are the Millions Going???

Mr. Passmonick:

You, I and many other Sun City home-owners have asked these questions over and over again only to be met with silence. It is obvious this and past Boards refuse to be held accountable to the membership. Simple logic would explain that any elected Board member that refuse an independent audit of millions $$ of home-owners funds has the appearance of wrong doing.

Needed:

  • Independent professional investigation (US Attorney) insures Rule of Law 
  • Independent professional auditing insures accountability.
  • Support by the membership needed for a Total Recall can only be accomplished after an independent investigation/audit has been completed. 
Bob, any responsible elected Representative would welcome an independent investigation/audit for their own protection. 

Dwain Kramzar-member home-owner



On Wed, Jul 13, 2011 at 7:20 PM, <BobEmInc@aol.com> wrote:

 
Mr. O'Connell, as a SCSCAI resident like all the other fine seniors in Sun City Summerlin, who are responsible for the millions being spent, prior to as I have said in a prior message, but before I do wrote to the developer to obtain answers, I feel it best to give you yet another chance to support why you and the Board are both making no effort to stop the millions in losses, while also the Board having decided to change the initial Del Webb policy, that being where initially golf was an imenity only paid for by those who use the golf plan, while that has been changed to where all SCSCAI seniors are not asked, but ordered, even if they do not golf, but ordered to subsidize and pay for golf even if they never step on any of the SCSCAI golf courses.

Joe this is the second time I have written you on this most important issue, and to date I have not received a response to this very important issue.   Some may ask why
is the issue so important, so its best I respond.    With the initial home purchase contracts,  Del Webb made it known that SCSCAI residents with the purchase package would receive the imenities with the purchase, that is as Del Webb stated, except for golf and the restaurants, which purchasers were clearly told, would be paid for seperately by those who used either or both, this being the SCSCAI golf plan and/or the restaurants.

No doubt the golf program has gone downhill, with the golf rounds going from what once was 180,000 rounds to now near 85,000 rounds annually.    Along with this and the result of this decrease, there is only near 6% of the SCSCAI residents using the SCSCAI golf program.    With that data, the breakdown for three golf courses, is only near one and one half per cent using Eagle Crest.   Yet Mr. O'Connell, the result of all this has been a SCSCAI Board these recent years to search for additional income and quite frankly they did a good job in finding that needed golf income to cover what since Del Webb left, has been near $9,000,000 in SCSCAI golf program losses.   The Board in need of golf income, decided to maintain three golf courses, not asking the many fine SCSCAI seniors, but ordering the fine seniors to pay for golf even if they never step on the golf courses - - - - Joe just imagine such fine treatment for the many fine seniors who are asked to vote for you at Board election time!

In addition to all this Mr. O'Connell, how about some more of the SCSCAI FACTS!
Various Sun Cities have been hit with declining golf results and income, and have taken what are fair choices to overcome the income loss.   Do you think changing the SCSCAI golf policy without a formal announcement to the many fine residents was a fair thing to do?    Just imagine any purchaser being told that whether you play golf or not, you are still expected to pay for golf - - - just think how that goes when
purchasers find out???

With all this said President O'Connell, again I ask to respond to why this policy change never was fairly updated with the many SCSCAI seniors.    In my previous message on the same important subject, you never responded to the issue, and I once again fairly give you that chance to do so now.

I await the requested response, this prior to questioning the developer why their promise when selling homes was broken, in that SCSCAI residents now are
odered to pay for golf as part of their annual assessment?????


            Thanks in advance for your awaited response.

                                                                 Bob  Passmonick

P.S.    Mr. O'Connell, along the same lines, besides myself being the party who
          implemented both the SCSCAI gaming plan, as well as the NORA plan, which
          have added much dollars to SCSCAI, I also have for now nine years
          recommended and written a much needed SCSCAI financial plan, yet to date
          the Board has turned down any proper financial plan for years!    Maybe you
          will explain that with financial losses in the millions, why does not SCSCAI
          need a proper financial plan???

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Recent Activity:
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    Dwain A. Kramzar

    Re: TIME FOR A RECALL!

    Dwain:
    I am very disappointed in the support we get at Board meetings. If our
    side is not willing to show up as often as the opposition and take as
    strong a stand as the Bjonerud group we can not win. I agree a RECALL
    is the best vehicle to get the truth out unfortunately there will be no
    independent investigations but we need none.
    Steinman has not won and Marilyn has not lost. The Concerned Citizens
    are astute politicians and had no problem pulling together. It is not
    clear what caused the initial split but it is over. Bjonerud and
    Company will continue to dominate every Board meeting. If those who
    believe as we do refuse to get involved even a RECALL will do nothing.
    Don
    On 7/12/2011 11:55 AM, Dwain Kramzar wrote:
    > Gentlemen,
    > In order to better understand the workings of this community's HOAÂ I
    > have followed the actions of the BoD for many years. It is obvious the
    > Board is controlled by a one party political group that call themselves
    > The Concerned Citizens. It is also obvious this group is now splintered
    > due to a power struggle between Stienman and Bjonerud with Stienman
    > winning out and now he is in complete control of SCSCAI. The only loser
    > is the home-owner. I realize that, over the years, several
    > home-owners individually have tried to point out and rectify
    > these injustices that has been done to SCSCAI, only to fail.  Â
    >
    > After comparison of the attached documents, I have made several
    > observations and conclusions, I would like to share them with you.Â
    >
    > OBSERVATIONS:Â
    >
    > * All three documents were authored by the same person or group of
    > people.
    > * Hand printed comments on the Aug 20, 2010 Village Voice/DRAFT
    > (attached) served as a work sheet for the 2010Â Anonymous-letters.Â
    > * There are two factions that are struggling for control of the
    > Board, Stienman and the Bjonerud group, Stienman being the winner.
    > * Steinman & BoD fail to expose a Blackmail/Extortion plot directed
    > at the SCSCAI Board.
    > * Has the appearance of smoke & mirrors (DOG & PONY SHOW)
    > * Eight members of the Board continue to do business as usual,
    > refuses to be held accountable for their actions/lack of actions
    > all under the guidance of the CAI.
    > * Board refuses independent investigations or auditsÂ
    > * Communications controlled by the Board.
    >
    >
    >
    > CONCLUSIONS:
    >
    > * This group has created a totalitarian dictatorial system in
    > order to control the SCSCAI's millions $$ revenues.
    > * Home-owner/members questions are ignored, then members
    > are ridiculed by a Board appointed spokesman.
    > * Dictatorial power trumps Rule of LawÂ
    > * Independent professional investigation (US Attorney) insures
    > Rule of LawÂ
    > * Independent professional auditing insures accountability.
    > * The only solution to this situation is total recall of the Board
    > and to follow the intentions outlined in
    > the original governing documents.
    > * Support by the membership needed for a Total Recall can only
    > be accomplished after an independent investigation/audit has been
    > completed.Â
    >
    >
    > Now is the time for a TOTAL RECALL. Your comments would be appreciated.Â
    > Â
    >
    > /Dwain A. Kramzar/
    > Â (702) 582-8064 <https://www.google.com/voice?pli=1#phones>
    > /http://www.facebook.com/dkramzar/Amtrak on Facebook
    >

    Tuesday, July 12, 2011

    TIME FOR A RECALL!

    Gentlemen,
    In order to better understand the workings of this community's HOA I have followed the actions of the BoD for many years. It is obvious the Board is controlled by a one party political group that call themselves The Concerned Citizens. It is also obvious this group is now splintered due to a power struggle between Stienman and Bjonerud with Stienman winning out and now he is in complete control of SCSCAI. The only loser is the home-owner. I realize that, over the years, several home-owners individually have tried to point out and rectify these injustices that has been done to SCSCAI, only to fail.   

    After comparison of the attached documents, I have made several observations and conclusions, I would like to share them with you. 

    OBSERVATIONS: 
    • All three documents were authored by the same person or group of people.
    • Hand printed comments on the Aug 20, 2010 Village Voice/DRAFT (attached) served as a work sheet for the 2010 Anonymous-letters. 
    • There are two factions that are struggling for control of the Board, Stienman and the Bjonerud group, Stienman being the winner.
    • Steinman & BoD fail to expose a Blackmail/Extortion plot directed at the SCSCAI Board.
    • Has the appearance of smoke & mirrors (DOG & PONY SHOW)
    • Eight members of the Board continue to do business as usual, refuses to be held accountable for their actions/lack of actions all under the guidance of the CAI.
    • Board refuses independent investigations or audits 
    • Communications controlled by the Board.


    CONCLUSIONS:
    • This group has created a totalitarian dictatorial system in order to control the SCSCAI's millions $$ revenues.
    • Home-owner/members questions are ignored, then members are ridiculed by a Board appointed spokesman.
    • Dictatorial power trumps Rule of Law 
    • Independent professional investigation (US Attorney) insures Rule of Law 
    • Independent professional auditing insures accountability.
    • The only solution to this situation is total recall of the Board and to follow the intentions outlined in the original governing documents.
    • Support by the membership needed for a Total Recall can only be accomplished after an independent investigation/audit has been completed. 

    Now is the time for a TOTAL RECALL. Your comments would be appreciated. 

    Sunday, July 3, 2011

    Petition the SCSCAI Board of Directors

    If you have trouble viewing or submitting this form, you can fill it out online:
    https://spreadsheets.google.com/spreadsheet/viewform?formkey=dEwwUHBCdjNqTm1tbWRLWVA4NzMwblE6MA

    Petition the SCSCAI Board of Directors


    Dear Sun City home-owner;

    Background:
    History: for the past 13-14 years normal maintenance on the Sun City golf courses has been treated by the Maintenance Dept. as stated by Joe Kelley as "special projects". Normal maintenance such as weed control, trash removal, mowing and irrigation systems should be scheduled on a live calendar not generated by the home-owner or to be treated as a "special project". In the past the home-owner was required to generate the w/o in order to bring attention to any repairs needed on the Highland Falls G C property bordering our homes. 

    Summary:
    Please sign the petition and encourage others to do so and ensure the SCSCAI Board or Directors listens to people in Sun City Summerlin, and home-owners generally, and is left in no doubt about the very strong support for this vitally important neglect of high standard of care in providing for the repair, management and maintenance of said property in Sun City Summerlin.

     Petition: We the undersigned, call on the SCSCAI Board of Directors to provide maintenance and management to the golf course landscaping as outlined in the CC&R's-ARTICLE X-MAINTENANCE. This maintenance is needed in order to provide the Sun City Summerlin with a high pride of ownership also outlined in the CC&R's.







    THE FBI Re. The Sun City Summerlin Board

    Dwain & Kathy,
    Re. your below postings.
    I am beginning to believe that there is something very wrong with this Board that has not taken any action to discover where the missing documents are.  They collectively refused to let the Association Secretary fulfill his duties and hire an outside investigator to recover the missing\stolen documents. 
    In my opinion, it is obvious that these documents that disappeared around the time that the Executive Director's employment was terminated and the time when the Board 'locked out' the then Human Resource Director have some relationship.  Who had the keys to the Personnel Files?
    Therefore, the suspicion created casts serious questions on the integrity of all Board Directors who voted against the Associations Secretary request for funding for the Investigator.
    I believe that we as the members should not let this pass into oblivion.
    How about we get a Petition from other members and contact the FBI for some advice and assistance.  Also, how about the same Petition being addressed to our Association's Underwriters for the Directors & Officers Liability coverage?   Without this coverage there would be far less desires to withhold information?
    This type of action does not require any commitment of spending money by the Petitioners.
    Let's have a little debate on this on our two chat lines.

    Bernie Silver
    =============================================

    --- On Thu, 6/30/11, Dwain Kramzar <dkramzar@embarqmail.com> wrote:

    From: Dwain Kramzar <dkramzar@embarqmail.com>
    Subject: Re: [SCBuzz] YOUR BOARD
    To: "BuzzSCBuzz" <SCBuzz@yahoogroups.com>, "My Sun City Summerlin-Blog" <DKramzar.mysuncity@blogger.com>
    Date: Thursday, June 30, 2011, 5:28 PM

     
    Kathy, I have been following your string of posts and agree things are bad and something needs to be done. The SOP of the past and present Boards has been the same for 14 years that I have observed. I fully support Director Gelbman's efforts. However, I believe the only solution is a total recall and to start over strictly following the original governing documents.


    Dwain Kramzar

    PS another solution would be to call for a full audit, then watch the mass Exodus from the Board. Remember "Follow the money" & numbers never lie. 


    On Thu, Jun 30, 2011 at 10:33 AM, <khunt1968@aol.com> wrote:

     
    Fay:

    Thank you for your comments.
    Things are so bad presently that something has to give.  I wish other people who
    believe in Don would comment and try pushing in a new direction and get help for the
    members.
    God will bless you for taking care of your sister. She is first on your agenda.
    Kathy Hunt8-)


    -----Original Message-----
    From: Fay Metz <metz@infionline.net>
    To: SCBuzz <SCBuzz@yahoogroups.com>
    Sent: Wed, Jun 29, 2011 12:42 pm
    Subject: Re: [SCBuzz] YOUR BOARD

     
    Kathy,
    You have said it all about this BOD and prior ones.  They don't want any one rocking their autonomy and I believe unless some outside authority gets involved with our HOA of shame, nothing changes.  Don is trying and many of us voted for him, but there is no one on this board with the fortitude to change and help him.  Too bad!
    I had to give up going to board meetings as I am taking care of my 86 year old sister.  Please, people who agree with Don, go and speak up. 
    Fay Metz
    -----Original Message-----
    From: khunt1968@aol.com
    Sent: Jun 28, 2011 7:20 PM
    To: SCBuzz@yahoogroups.com
    Subject: Re: [SCBuzz] YOUR BOARD

     

    Sue:
    This Board has broken every rule they can to get their way.  When questionsed by
    the members at a board meeting they are told they are'OUT OF ORDER'.  You
    condone this kind of treatment and seem to be a part of what this board is doing.
    You obviously don't want change.  You just want to continue things as they are and go
    along with the GOOD OLD BOYS and let them have their country club while the Seniors
    suffer.  I guess $72.00 is no big increase for you since, you voted for it but it is a hardship
    to many seniors in this community.
    How dare you chastise Don for all the hard work he is doing.  He tells you how it is and you
    don't want to hear it.  He may be brisk in his opinions but if it is the truth why is it so hard to
    accept.
    Why aren't you as a board member asking for an investigation of the lost files from last year?  You
    shut your eyes and things will get better or go away.  Not so.  Things have to change with this
    board and you are either going to be with the members (seniors) or the board.
    How can you condone the amount of money that is being spent on legal fees?  If the board had to pay their own legal fees, I bet you would see a big drop in lawyer fees!
    How do you as a board member let the president make all the decisions and just go along?
    Don't you have an opinion?  Why doesn't all the board members meet and discuss issues as a
    normal board would do?  You let Joe O'Connell run the entire Association and you guys are all
    YES men and women.  Just because Joe does not want to hear Don's opinion is no reason why
    you should agree with him but of course, maybe you think things should go along as they may!
    I don't know but you don't appear to be for the seniors.  You appear to be a follower and not a
    doer.
    Of course, these are my opinions.  You can take them or leave them.
    God bless,
    Kathy Hunt8-)

    -----Original Message-----
    From: DONALD GELBMAN <drgtrustpl@cox.net>
    To: Bob Robey <SCBuzz@yahoogroups.com>
    Cc: Sun City Sue P <scsuep@cox.net>; 'Board of Directors' <bod@SUNCITYLV.com>; Barbara Cogar <BarbaraC@SUNCITYLV.com>
    Sent: Sun, Jun 26, 2011 10:19 am
    Subject: [SCBuzz] YOUR BOARD

     
    Sue:
    I am glad you don't care if this is on the chat line it shows you have
    nothing to hide which I know is true. Too bad you didn't string all the
    other "board" messages on the subject. All the rest is because you are
    naive and out of touch with what is really going on. I have been doing
    this for 15 years and I don't do it because it pays well.


    I had already told the chat line (you are a member I believe) that I
    would no longer post as a platform. Everything I posted was true and
    could be backed up but there was nothing to be gained because the chat
    lines, even this one have no real interest in politics and who can blame
    them. If I think being on the Board is a waste of time I can imagine
    what they think about reading about it. A race between 8 and 1 that is
    not free and open is a little boring.


    I will give you and the readers one example of why I have no respect for
    any of you as Directors. Love you all, but respect has to be earned. I
    had only one reason to be on the Board, our legal problems. I knew and
    understood as well as last year's Board and its supporters that there
    was not one Fiduciary in the whole bunch. Still I was hopeful that Joe,
    David and Ken had had enough of the Boards violating the governing
    documents for years.


    I tried to get all the Board together and you know how that turned out.
    With Joe, David, Ken, Jim and myself we had a majority. We talked
    about the serious ED and Legal Counsel problem and I was assured in
    words and body language that the four of them wanted the changes that I
    knew had to come about if we were ever going to succeed as an Association.


    My response to you is the result of that meeting. You suggested that we
    break into small groups to look at all the problems and Joe jumped at
    the chance to make sure that he never had to meet with everyone at one
    time. He then appointed a commit tee of 4 to look at the legal problems.
    At all times he himself alone was dealing with all of the attorneys
    involved in current legal claims since we had no ED.


    The committee he appointed never met since David who had been named as
    chairman of said committee never called for a meeting. At the last
    Board meeting we were told that the committee had not only met but had
    decided on who our next general counsel would be. Happened to be a very
    prestigious and expensive law firm that David had experience with.


    Now my answer to your message that this Board is doing good and I should
    quit complaining especially the way I do. The only time this Board ever
    talks together as a Board is at the Board meeting. Those who oppose me
    love to say that is the law and we must have open meetings. Of course
    it is the law but it is not suppose to allow ANY board to operate the
    way we do. Joe said it all when I asked him why I wasn't notified of
    the meeting and invited to attend. He said in effect YOUR INPUT
    WASN'T NEEDED.


    I have no intention of doing what the 8 Directors are doing. You are
    covering up very serious problems praying that last year will go away
    and I tell you, you are dreaming. It will not go away and more
    importantly it SHOULD not go away. Will anything change, probably not
    this year. With people like myself and those who put me in office,
    those who vote in favor of this Board's actions will eventually lose. I
    believe it will be a court of law that finally exposes the lying and
    cheating but I would settle for channel 13.
    Don Gelbman, Director


    On 6/25/2011 4:21 PM, Sun City Sue P wrote:
    > Don,
    >
    > I am sick and tired of your constant berating of the board members, If you would talk civil and act civil, we could discuss issues and have a board that worked together well. Now, we have a board that functions as individuals because i f we give an opinion or ask a question, you throw it on the chatlines and distort it. You have a point of view and, I think, many on the board respect you for your opinion, though most of us disagree often with you, we all know that some of your ideas and points of view have merit. But, since you continually live in the past actions of past boards, you will never be part of moving Sun City Summerlin forward.


    >
    > Sue Papilion
    >
    > PS...post this it you want!
    >
    >
    > On Jun 25, 2011, at 12:44 PM, DONALD GELBMAN wrote:
    >
    >> Sue:
    >> You would do better worrying about what your performance as a Director has cost us. I will write to whomever I want. I agree the present procedure is as you describe but not the intent. I will not run up any bill that you have to worry about paying for. Marilyn and David do a good job of doing it for all of us. Joe has made sure our attorneys will not have to worry about running out of wo rk.
    >> Don
    >>
    >> On 6/25/2011 11:18 AM, Sun City Sue P wrote:
    >>> I would like some guidance here, I do not believe as directors that we should or have the right to contact our lawyers directly unless it involves us personally as in liability. I thought that contact with our lawyers was left to Barbara and the president as they see fit. I would hate to see each of us contacting the new law firm, requiring a response, which they could bill us for. Please respond if you think I am right or wrong! I do not want to pay for any bill that Don may have caused!
    >>>
    >>> Sue P
    >>> On Jun 25, 2011, at 12:49 AM, DONALD GELBMAN wrote:
    >>>
    >>>> LAW OFFICE OF DONALD R. GELBMAN
    >>>> 2649 Youngdale Drive
    >>>> Las Vegas, NV 89134
    >>>> PHONE& FAX (702) 228-2568
    >>>> EMAIL drgtrustpl@cox.net
    >>>>
    >>>>
    >>>> KAEMPFER CROWELL RENSHAW
    >>>> GRONAUER& FIORENTINO
    >>>> Attorneys-at-law
    >>>> 8345 West Sunset Road, STE 250
    >>>> Las Vegas, NV 89113
    >>>> Attn: Christopher L. Kaempfer
    >>>>
    >>>> June 27, 2011
    >>>>
    >>>> Dear Sir:
    >>>>
    >>>> I am a Director and Secretary of Sun City Summerlin Community Association, Inc.
    >>>>
    >>>> First I would like to welcome you as General Counsel (my term) of our Association. I believe there are legal matters you should be aware of that your firm may want to become involved with. I will be happy to meet with you any time to provide background information.
    >>>>
    >>>> We have several immediate problems that your firm might want to be involved with. We have several EEOC compla ints against sitting Directors and the Association. We also have claims between two prior Presidents presently sitting on the Board. The Directors involved were on the board last year. This year many legal and personnel files are missing and the present Board has refused to hire outside experts for purposes of discovery.


    >>>>
    >>>> When I became a Director this year, I took steps to try to resolve the immediate legal and management problems. The Board ignored my advice and took active steps to minimize my impact on the ongoing legal problems. I believe many of the Directors have a severe conflict of interest and that this Board is in violation of its Fiduciary Duty.
    >>>>
    >>>> I look forward to your legal representation of our Association and will help you in any way I can.
    >>>>
    >>>>
    >>>>
    >>>> __________________________
    >>>> Donald R. Gelbman, Esq., Director and Secretary SCSCAI
    >>>>
    >>>> Cc: email, board of directors, Barbara Cogar, Executive Director
    >>>
    >>>
    >
    >




    --


    Dwain A. Kramzar
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    Recent Activity:
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      SCSCAI - CC&R's -ARTICLE X - MAINTENANCE


      ARTICLE X - MAINTENANCE 
      Section 1. Common Areas and Pubic Right-of-Way.  The Association, or its duly delegated 
      representative, shall maintain and otherwise manage all Common Areas owned or operated by 
      the Association, including, but not limited to, the golf course landscaping, walkways, paths, 
      drainage channels, parking areas, drives, recreational facilities; provided, however, the 
      Association shall not be responsible for providing or maintaining the landscaping or structures 
      on any Common Areas which are part of Lots or Parcels unless (i) such landscaping or 
      structures are available for use by all Owners and Residents or are within easements intended 
      for the general benefit of Sun City Summerlin, and (ii) the Association assumes in writing the 
      responsibility for such maintenance or such responsibility is set forth in a recorded instrument as 
      herein provided.  The Association shall also maintain natural open spaces, any landscaping and 
      other improvements not on Lots and Parcels which are within areas shown on a subdivision plat 
      or other plat of dedication for Sun City Summerlin or covered by a Tract Declaration, and which 
      are intended for the general benefit of all the Owners and Residents of Sun City Summerlin, 
      except the Association shall not maintain areas which (i) the City of Las Vegas or other 
      governmental entity is maintaining, or (ii) are to be maintained by the Owners of a Lot or Parcel 
      pursuant to Article IV, Section 2(g), of this Declaration unless the Association elects to maintain 
      such areas and as to which the Association has not made such an election to maintain.  Specific 
      areas to be maintained by the Association may be identified on subdivision plats recorded or 
      approved by the Declarant, right of way dedications in Tract Declarations and in deeds from the 
      Declarant to the Association, but the failure to so identify such areas shall not affect the 
      Association's rights or responsibilities with respect to such Common Areas and other areas 
      intended for the general benefit of Sun City Summerlin.   
      The Board shall use a reasonably high standard of care in providing for the repair, management 
      and maintenance of said property so that the Sun City Sutherlin development will reflect a high 
      pride of ownership. The Board shall be the sole judge as to the appropriate maintenance of all 
      Common Areas and other properties maintained by the Association.  Any cooperative action 
      necessary or appropriate to the proper maintenance and upkeep of said properties shall be 
      taken by the Board or by its duly delegated representative.   
      Section 2. Assessment of Certain Costs of Maintenance and Repair of Common Areas 
      and Public Areas.  In the event that the need for maintenance or repair of Common Areas and 
      other areas maintained by the Association is caused through the willful or negligent act of any 
      Member, his family, guests, invitees or designees, the cost of such maintenance or repairs shall 
      be added to and become a part of the assessment to which such Member and the Member's Lot 
      is subject.  However, such charges shall not become a part of or be secured by the Assessment 
      Lien rights against such Lot, but may be recovered by the Association in an action at law 
      against such Owner(s), including reasonable attorney's fees and costs.   
      February 19, 2009      Page 42  Uncertified Review Copy 89010900220 
      SCSCAI - CC&R's 
      Section 3. Improper Maintenance and Use of Lots and Parcels.  In the event any portion of 
      any Lot or Parcel is so maintained as to present a public or private nuisance, or as to 
      substantially detract from the appearance or quality of the surrounding Lots and Parcels or other 
      areas of Sun City Summerlin which are substantially affected thereby or related thereto, or in 
      the event any portion of a Lot or Parcel is being used in a manner which violates this 
      Declaration or any Tract Declaration applicable thereto, or in the event the Owner of any Lot or 
      Parcel is failing to perform any of its obligations under this Declaration, any Tract Declaration, or 
      the architectural guidelines and standards of the Architectural Review Committee, the Board 
      may by Resolution make a finding to such effect, specifying the particular condition or conditions 
      which exist, and pursuant thereto give notice thereof to the offending Owner that unless 
      corrective action is taken within fourteen (14) days, the Board may cause such action to be 
      taken at said Owner's cost.  If at the expiration of said fourteen (14) day period of time the 
      requisite corrective action has not been taken, the Board shall be authorized and empowered to 
      cause such action to be taken and the cost thereof shall be added to and become a part of the 
      assessment to which the offending Owner and the Owner's Lot is subject.  However, such 
      charges shall not become a part of or be secured by the Assessment Lien rights against such 
      Lot, but may be recovered by the Association in an action at law against such Owner(s), 
      including reasonable attorneys fees and costs.   
      Section 4. Right of Entry.  The Association, after reasonable notice to the Owner, shall have 
      the right to enter upon any Lot in connection with any maintenance, repair or construction in the 
      exercise of the powers and duties of the Association.