“An Outrageous Spectacle”

Yes, Dea McDonald, who was commenting on the “Hearing” portion of October’s Board of Directors meeting, you were absolutely correct, this was indeed an outrageous spectacle to observe. As he alluded to, the presence of attorney’s representing the Association and the Chartered Business Development Club that was under threat of losing their charter was a real “first” and unwelcome event for Sun City Anthem, a shameful incident to witness.  

Clearly, as Mr. McDonald advised, there were other more acceptable alternatives to employ in attempting to resolve matters between the Association and the BDC. In contrast to some members of the audience who had expressed their approval, I had the distinct impression that Dea’s comments were directed exclusively at the BDC, as if the Board had been acting correctly and properly all along. But, perhaps, Dea meant to cast shame on the Board as well.

Least we not forget, it was the Association that cast the first stone when they (ignoring any semblance of due process, or alternative dispute-resolution procedures) wrote to the BDC threatening the loss of their charter while at the same time advising the club that all future meetings were cancelled. Mr. McDonald, I would suggest to you that it was that single outrageous event that brought Sun City Anthem to where we are today.

Regrettably, the BDC was then placed in the untenable position of having to seek legal assistance that was designed to protect their rights and to preserve the club’s charter for the benefit of the members and the Community. Remember, were it not for the Board’s impulsive and punitive actions directed against the BDC, the assistance of legal counsels and the resulting expenditure of tens of thousands of dollars would not have been necessary.

So why did this all take place? I do not believe the John Leach, the Association’s attorney, could have been more clear on this issue. It was Trumpets, Trumpets, and Trumpets. That’s why were here today and for no other reason. Forget about the nine so called “charges” the BDC was formally accused of and read out at the Hearing by Community Manager Arnie Snow.

Yes, Mr. Leach was unambiguous in his declaration that the only real issue of any importance insofar as the BDC was concerned was the club’s seminar on the Trumpets lease.  Virtually everything else barely rose to the level of worth mentioning in his remarks. What was most striking in Leach’s remarks was his attention to the suggestion that the subject matter of the Trumpets lease was prohibited speech for the Business Development Club not, mind you, because it was unrelated to the mission and the Club’s bylaws, but because this was allegedly “too sensitive” a matter that was currently under negotiations with the lessee. So, if we are to believe what we've been told, what was semi-weekly fair for the Current Events Club goose was somehow "too sensitive" for the Business Development Club gander. Please! Is the Board telling us they would prefer uninformed speculation and opinion on Trumpets to reasoned discussion on specific lease terms?

So, when all of the smoke has settled, what do we end up with? What we end up with is a Board taking a punitive against the BDC (taken long after the events had passed) for reasons which bear no connection to the charges being alleged. The real reasons the Board took their punitive actions were political in nature and had nothing to do with the charter or bylaws violations being alleged. We know that because the Association’s attorney told us so.

Those listening to Mr. Leach would certainly come away with the impression that the subject matter of the Trumpets lease was literally and unequivocally “off the table,” a definite no, no, at least in the case of the BDC. Never mind that the BDC was the only charter club that had the disposition and expertise to discuss the leasing issues present in this admittedly “hot button” topic of community interest in any coherent and constructive manner. Clearly, the Current Events Club, approvingly mentioned by Mr. Leach, was in no position to do delve into the leasing issues that were so well illustrated by the Trumpets lease, nor was their charter established for that more technical, business-related purpose as everyone readily knows.

But, really, was the matter of the Trumpets lease “off limits for the BDC?” On the contrary, the BDC’s seminars had the approval of the Board for without such approval, the BDC could not have gone forward with their Trumpets lease seminar program. Moreover, when certain charter issues were raised by the Lifestyle Committee following the first leasing seminar, the BDC secured the Committee’s explicit approval to proceed with the second leasing seminar and the Club well understood what was required of them and agreed to comply with applicable procedures. Everyone present, it seemed, had been satisfied. 

So what happen to change things? Things apparently changed enough to cause Favil West, who tells us he had been absent for several weeks during this critical period, to write that “show cause” letter to the BDC on the 18th of August that got the cooled down charter club pot fired up again and churning to the boiling point? Are we to understand that on his return, Mr. West had some sort of epiphany that guided the Association's subsequent decision to shut down the Business Development Club?[1]

Ron Johnson, October 29, 2006

[1] In a letter from President of the Association Favil West to Robert Frank, President, BDC, dated 18 August 2006, in which Mr. West states as follows: “The Sun City Anthem Community Association, Inc. Board of Directors is hereby canceling all meetings of the Business Development Club effective today, August 18, 2006.” See West's Letter.

P.S. To read our earlier discussion on the absence of due process & related issues, click here: Due Process