The Gaming Poll—VOTE YES
The November Spirit contained the restaurant’s tenant-paid gaming poll. Three things are very important about this poll.
First, all homeowners are encouraged to take a moment to answer the opinion poll and mail the postage-paid response card.
It is very important that all homeowners participate in this polling effort due to the trigger conditions set forth in the Polling Agreement. The Board is the proper venue for making decisions about gaming. However, the Board may assume that responsibility ONLY if at least 1,251 unit owners vote YES on the poll. If you do not vote or if you vote NO, the board may not secure the authority it needs to negotiate with the lessee.
To even consider discussions with the tenant on the subject of gaming, Jack Troia noted these two possible options: 1) more than 50% of SCA’s 7,144 unit owners (3,572) must respond in favor of approving gaming; or 2) In the event (1) does not occur, discussions can be commenced, under rights reserved to the Association, if between 35% of the unit owners (2,500) and fewer than 50% (3,572) respond and a majority of those responses are in favor.
For example, if only 2,500 respond to the poll, the minimum number of polling participants required, the board may proceed with discussions if a majority of those responding vote in favor. That majority number is one-half of the 2,500 respondents, or 1,251 unit owners voting in favor. If 3,500 participate in the poll, the number needed before the Board can enter discussions with the lessee is 1,751, that is, a majority of the 3,500 responding to the poll. If fewer than 2,500 participate in the poll, the Board has no authority to enter into gaming discussions with the lessee.
Second, I urge you to alert your friends and neighbors about the importance of voting on this opinion poll.
Third, I urge all homeowners to vote YES on the gaming poll.
Understandably, some homeowners are opposed to allowing gaming on our premises. While my wife and I do not participate in any gaming activities, I do not see why this lifestyle amenity should be denied to those homeowners who may appreciate the presence of a safe, convenient, comfortable and nearby facility in which to engage in video poker.
It is my belief that those who are opposed to gaming are opposed mainly out a sense of misplaced or unjustified concern and not for reasons of lifestyle. After all, gaming is available at Sun City Summerlin and at McDonald Ranch. Why on earth should our seniors be denied this lifestyle amenity here?
Remember, by voting YES, you are only allowing the board to proceed with the process. That process will have any number of challenges and potential obstacles. As such, the board will determine where and the conditions under which gaming may take place, with any costs to be borne by the lessee. There are many unanswered questions and homeowners will continue to have opportunities to express their views and concerns and obtain needed answers.
Please VOTE YES and allow the board to perform their duty on this important issue.
Ron Johnson, 30 October 2010