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photos with descriptions:
http://galleries.statesman.com/gallery/landslide-threatens-nw-san-antonio-homes-01/#57443
related story:
http://www.kens5.com/news/Slope-failure-the-latest-allegations-against-Pulte-82783262.html
River Mist Homeowners have not taken any specific action -- including filing a lawsuit -- against Pulte Homes. But homeowner Gil Morales told KENS 5's Chris Sadeghi, 'There are things we can do as whole community if we act as one person. We are pushing unity, first of all.'"
I wonder what Mr. Morales would think of the statement that Pulte's representative made to the attorneys in Charleston during his deposition for the stucco case here that half the homeowners at SCHH would be dead by the time that the stucco claims are resolved? (http://www.suncityblufftonhomedefectclaims.com/protected/OwnersPresforWeb.pdf)
I wonder if Mr. Morales would be "pushing unity" if he knew about most of SCHH's (non)reaction to Pulte's sinking houses, code-violating roofs, defective stucco, shoddily built lagoons, etc.?
I wonder what Mr. Morales would think of the San Antonio building department's reaction to code violations vs. our own Beaufort County building department's reaction to code violations?
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Thursday, January 28, 2010
Tuesday, January 26, 2010
When will they EVER learn? When will they EVER learn?
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Why is it that most people here at Sun City Hilton Head, SC seem to be content with propaganda (e.g., TYSKs, Things You Should Know, that are emails sent to residents by the Pulte-controlled community manager that are FULL of Pulte propaganda)? And censorship (Pulte controls our website, our community magazine, the aforementioned emails, our lower mailboxes, SCHH TV, etc.)? shoddy construction in their houses and community property (documented herein)? no REAL representation in the community?
Why would anyone "play ball" with Pulte? serve on the Pulte-controlled Community Association Board of Directors, on a Board-appointed (hence, Pulte-controlled) committee, or as a Neighborhood Representative (spreading Pulte propaganda)? and, the most OUTRAGEOUS of all, "sell" houses for Pulte (something that our NR has said PUBLICLY that we should be doing)? After all, Pulte has given us defective, code-violating roofs, defective stucco, defective lagoons, propaganda, censorship, NO REAL voice in community decisions, etc. Does ANY resident here REALLY KNOW how our assessments are SPENT (NOT BUDGETED, SPENT)? Why would ANYONE in their right mind "play ball" with Pulte?
What does it take for people to wake up and to stand up for themselves and for their neighbors? to speak out and to DO something? At the very least, to treat the company that has screwed them like you would expect someone to treat a company that has screwed them?
Four years ago when I discovered barely attached roof trusses in a friend’s house, I was alarmed. My first thought was to warn other people here who may have the same. I didn’t expect that it would take SO long and take SO much of my effort to get the word out. When the word finally did get out, I didn’t expect the collective yawn that came from most in the community. I REALLY didn’t expect to be attacked by some in the community, which I was.
If I had it all to do over again, and I knew then what I know now, then I wouldn’t have bothered. I get it. Most people here don’t care that they’re getting screwed, and they don’t care that their neighbors are getting screwed. I get it.
BTW, if I had it to do all over again, and if I knew then what I know now, I still WOULD have started this blogsite, because I don’t like getting screwed, and I don’t like seeing others get screwed, even if they don’t give a rat’s behind themselves.
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Why is it that most people here at Sun City Hilton Head, SC seem to be content with propaganda (e.g., TYSKs, Things You Should Know, that are emails sent to residents by the Pulte-controlled community manager that are FULL of Pulte propaganda)? And censorship (Pulte controls our website, our community magazine, the aforementioned emails, our lower mailboxes, SCHH TV, etc.)? shoddy construction in their houses and community property (documented herein)? no REAL representation in the community?
Why would anyone "play ball" with Pulte? serve on the Pulte-controlled Community Association Board of Directors, on a Board-appointed (hence, Pulte-controlled) committee, or as a Neighborhood Representative (spreading Pulte propaganda)? and, the most OUTRAGEOUS of all, "sell" houses for Pulte (something that our NR has said PUBLICLY that we should be doing)? After all, Pulte has given us defective, code-violating roofs, defective stucco, defective lagoons, propaganda, censorship, NO REAL voice in community decisions, etc. Does ANY resident here REALLY KNOW how our assessments are SPENT (NOT BUDGETED, SPENT)? Why would ANYONE in their right mind "play ball" with Pulte?
What does it take for people to wake up and to stand up for themselves and for their neighbors? to speak out and to DO something? At the very least, to treat the company that has screwed them like you would expect someone to treat a company that has screwed them?
Four years ago when I discovered barely attached roof trusses in a friend’s house, I was alarmed. My first thought was to warn other people here who may have the same. I didn’t expect that it would take SO long and take SO much of my effort to get the word out. When the word finally did get out, I didn’t expect the collective yawn that came from most in the community. I REALLY didn’t expect to be attacked by some in the community, which I was.
If I had it all to do over again, and I knew then what I know now, then I wouldn’t have bothered. I get it. Most people here don’t care that they’re getting screwed, and they don’t care that their neighbors are getting screwed. I get it.
BTW, if I had it to do all over again, and if I knew then what I know now, I still WOULD have started this blogsite, because I don’t like getting screwed, and I don’t like seeing others get screwed, even if they don’t give a rat’s behind themselves.
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Friday, January 22, 2010
SC DHEC--Developers' BEST friend
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http://www.islandpacket.com/state/story/1110253.html (The on-line article from the link is shorter than the printed article on page 4A of today's Island Packet.)
This just confirms the impression that I got of DHEC from the Phase 5 lagoon fiasco, from face-to-face meetings with OCRM staff, from their little "show" here last January, from their responses to emails, etc. DHEC doesn't care about dying wetlands, polluting rivers, clean water, clean air, etc.
"The letter says putting the governor in charge would send the wrong message about the state's business climate."
At least it's out in the open: DHEC, and the SC Legislature, are the BEST friends that a developer could ever have.
I don't know about where you are from, but where I came from government agencies whose name implies that their job is to protect the environment don't flaunt that they don't. And, elected officials from my previous state don't flaunt their disregard for the environment either.
Finally, during OCRM's "show" here last January at Magnolia Hall, part of my remarks included the following facts, and question:
"On June 12, 2008, the U.S. Justice Department and the U.S. Environmental Protection Agency announced that four builders, including Pulte Homes, agreed to pay civil penalties totaling $4.3 million to resolve alleged violations of the Clean Water Act. SCHH, along with other communities, is named specifically in that document.
Coincidentally, ON THAT SAME DAY, June 12, 2008, DHEC issued a Notice of Violation of the Pollution Control Act against Pulte for violations brought to DHEC’s attention by SCHH residents, beginning on September 6, 2007. These violations are the subject of this meeting, AND ARE STILL UNRESOLVED.
Question #3: Is it possible that the feds contacted you BEFORE their June 12, 2008 press release to give you a “heads up”, so that YOU wouldn’t look bad for not having addressed FOR MORE THAN NINE MONTHS essentially the same violations that the feds were issuing their press release for? The INCREDIBLE timing of the fed’s press release and your Notice of Violation ON THE SAME DAY suggests that this is a distinct possibility."
I was assured by OCRM staff that there was no connection. ... Yeah, right.
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http://www.islandpacket.com/state/story/1110253.html (The on-line article from the link is shorter than the printed article on page 4A of today's Island Packet.)
This just confirms the impression that I got of DHEC from the Phase 5 lagoon fiasco, from face-to-face meetings with OCRM staff, from their little "show" here last January, from their responses to emails, etc. DHEC doesn't care about dying wetlands, polluting rivers, clean water, clean air, etc.
"The letter says putting the governor in charge would send the wrong message about the state's business climate."
At least it's out in the open: DHEC, and the SC Legislature, are the BEST friends that a developer could ever have.
I don't know about where you are from, but where I came from government agencies whose name implies that their job is to protect the environment don't flaunt that they don't. And, elected officials from my previous state don't flaunt their disregard for the environment either.
Finally, during OCRM's "show" here last January at Magnolia Hall, part of my remarks included the following facts, and question:
"On June 12, 2008, the U.S. Justice Department and the U.S. Environmental Protection Agency announced that four builders, including Pulte Homes, agreed to pay civil penalties totaling $4.3 million to resolve alleged violations of the Clean Water Act. SCHH, along with other communities, is named specifically in that document.
Coincidentally, ON THAT SAME DAY, June 12, 2008, DHEC issued a Notice of Violation of the Pollution Control Act against Pulte for violations brought to DHEC’s attention by SCHH residents, beginning on September 6, 2007. These violations are the subject of this meeting, AND ARE STILL UNRESOLVED.
Question #3: Is it possible that the feds contacted you BEFORE their June 12, 2008 press release to give you a “heads up”, so that YOU wouldn’t look bad for not having addressed FOR MORE THAN NINE MONTHS essentially the same violations that the feds were issuing their press release for? The INCREDIBLE timing of the fed’s press release and your Notice of Violation ON THE SAME DAY suggests that this is a distinct possibility."
I was assured by OCRM staff that there was no connection. ... Yeah, right.
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Friday, January 15, 2010
message
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A message to my neighbors at Sun City Hilton Head, SC:
I’m not sure which straw broke the camel’s (my) back. Hurricane clips? Lagoons? Stucco? Black (Pulte) wood floor and Pulte’s refusal, at first, to fix it? Firing of resident volunteer committee chairman? Wes being forced to resign his place on the BOD because of his transparency pledge? Pulte unilaterally changing the CC&Rs? Loyalty oaths? Flower pots? Small American flag magnet on a garage door? ANOTHER TYSK with Pulte propaganda? Something else? There have been so MANY straws! But, at some point in time, I said to myself: “enough is enough!”
Needless to say, I would NEVER sign a loyalty oath, or a gag agreement. I don’t support censorship regarding information coming to residents that they SHOULD have (e.g. shoddy construction). I wouldn’t serve in a community position where I was spreading propaganda to my neighbors, or where I was inhibited in any way from “calling them like I see them”. I would NEVER “sell” houses for Pulte.
For my part, I pay attention to what’s going on. I speak out PUBLICLY against shoddy construction and shabby treatment of residents. IMHO, if victims of shoddy construction or shabby treatment fail to speak out PUBLICLY, then they can expect more of the same. That means more of the same for you, your children, and your grandchildren, your extended family, your friends, your fellow citizens.
So, while we may be unable to do what we’d like to do, there are things that we can do.
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A message to my neighbors at Sun City Hilton Head, SC:
I’m not sure which straw broke the camel’s (my) back. Hurricane clips? Lagoons? Stucco? Black (Pulte) wood floor and Pulte’s refusal, at first, to fix it? Firing of resident volunteer committee chairman? Wes being forced to resign his place on the BOD because of his transparency pledge? Pulte unilaterally changing the CC&Rs? Loyalty oaths? Flower pots? Small American flag magnet on a garage door? ANOTHER TYSK with Pulte propaganda? Something else? There have been so MANY straws! But, at some point in time, I said to myself: “enough is enough!”
Needless to say, I would NEVER sign a loyalty oath, or a gag agreement. I don’t support censorship regarding information coming to residents that they SHOULD have (e.g. shoddy construction). I wouldn’t serve in a community position where I was spreading propaganda to my neighbors, or where I was inhibited in any way from “calling them like I see them”. I would NEVER “sell” houses for Pulte.
For my part, I pay attention to what’s going on. I speak out PUBLICLY against shoddy construction and shabby treatment of residents. IMHO, if victims of shoddy construction or shabby treatment fail to speak out PUBLICLY, then they can expect more of the same. That means more of the same for you, your children, and your grandchildren, your extended family, your friends, your fellow citizens.
So, while we may be unable to do what we’d like to do, there are things that we can do.
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Tuesday, January 12, 2010
Masterbuilder
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As any masterbuilder knows, stucco is a mixture of specific proportions of aggregate, binder, and water. When properly mixed and cured, stucco provides a durable exterior coating for buildings. However, when improperly mixed and cured, stucco becomes too porous, reducing its imperviousness and strength. The porous, weak stucco is susceptible to cracking.
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During application, adding water increases the "workability" of stucco. Workers love adding water because the extra water makes the stucco easier to apply. BUT, too much water creates BIG voids in the stucco after it cures, and the water has evaporated. Large voids reduce the strength, imperviousness, and durability of stucco.
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Weak binder or too much aggregate for the amount of binder and water have similar effects in decreasing the prescribed strength of stucco.
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Pulte's OWN EXPERT, Applied Building Sciences, found defective stucco mixes with high air void contents (too much water in the mix) and weak cement paste (binder).
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As anyone who has ever baked a cake knows, if you screw up the ingredients, then you screw up the cake. The same applies to stucco, which is pretty simple "cake". Stucco's main ingredients are aggregate, binder and water. Manufacturers add admixtures, e.g., a curing retarder for hot and dry areas (allowing stucco to dry out and cure too quickly weakens it) and a "flexibility" admixture, which increases "workability" without decreasing strength. Manufacturers mix the aggregate and binder and admixtures in appropriate proportions and put them in a bag. JUST ADD WATER--the quantity shown in the instructions on the bag. A VERY SIMPLE "CAKE".
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NICE JOB, MASTERBUILDER!
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Sunday, January 10, 2010
Lawyers respond to Pulte propaganda
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the following is taken from http://www.suncityblufftonhomedefectclaims.com/protected/PultePresidentResponseSubmission.pdf
To Sun City Homeowners: A response to a submission which Pulte's President posted on Pulte's Community web site as a reaction to the Oros decision against it.
Dear Sun City Homeowner
You may have seen a publication from Jon Cherry, Division President of Pulte posted on November 20, the gist of which is, as Shakespeare has one of his characters saying, "Lets kill all the lawyers." This tirade seems to have its genesis in the fact that Mary and Joe Oros, in the first of the stucco cases to be tried in arbitration, received a full verdict from the arbitrator, in an amount exceeding $66,000-a sum the arbitrator found would be necessary to completely strip and reclad their house due to the defective original condition of the stucco exterior as sold to them by Del Webb. The arbitrator specifically found that Webb breached its contract with the Oros, which called for a non-defective house, and that their house was absolutely not as warranted. Also, and this is what appears to have caused significant consternation, is that Webb placed in its sales contracts language calling for loser-pays in an arbitration, and since Webb lost, it is responsible for all of the Oros lawyers fees and expert witness costs - a figure which could easily exceed the award already handed down.So Pulte responds - shoot the messenger! Lets look at some facts when it comes to an analysis of what the truth is here.
Pulte says - we offered to fix the house. The facts: Pulte only offered any fix as a settlement of the lawsuit more than a year into it, and offered no attorneys fees or costs, and only a partial fix. Before Joe and Mary had lawyers, they asked for a repair - the result? NO! Pulte said their 2 year warranty had expired, failed to tell them about the South Carolina law of implied warranties, and said - Sorry! Without legal assistance, the Oros would even now have no repairs, nothing from Pulte.
Pulte says – houses are great. The facts: Pulte's OWN EXPERT, Applied Building Sciences, found defective stucco mixes causing corrosion in all the houses it tested - this in addition to the defective lack of control joints and lack of flashing found by the Oros experts in 250 houses examined.
Pulte says - this is all the fault of greedy lawyers, and their fees get paid and expert witness fees first. The facts: There are nearly 100 lawsuits already filed in Beaufort County by Sun City homeowners, not because of lawyers, because of defective houses sold by Webb/Pulte. In the Oros case, the lawyers fees and expert witness fees are paid IN ADDITION - NOT SUBTRACTED FROM the Oros full award.
Pulte says - you might be required to disclose the lawsuit in a subsequent house sale. The facts: The South Carolina Residential Disclosure law requires disclosure of this defective stucco - not the lawsuits which are designed to make the developer pay for it.
Pulte says - lawsuits impact resale values. The facts - defective construction, not lawsuits to correct it - impacts resale value.
Pulte says - we are terrific and receive awards. The facts - Pulte is also the subject of considerable litigation over defective houses as any student of the internet can readily discern. In one case in Nevada, a class action was certified against Pulte resulting in a settlement exceeding $21,000,000. In Sun City, the stucco problems aren't the only problems with homeowners' properties- a class action lawsuit alleges defective trim and, additionally, problems have been documented with roof trusses.
Pulte says - if a homeowner is concerned about a construction related issue, we will gladly evaluate the situation - The facts - Just as with the Oros, Pulte is careful to state their work - if any - will be limited to "all warrantable items." This means, just as with the Oros house, if it's 2 years old and the stucco's bad, you are out of luck with Pulte - It won't bother to explain that its sales contracts require it to sell an original non-defective home, and if it doesn't, it may have to pay for the complete fix, AND Attorneys fees, AND costs, including expert witness fees.
So, folks, lets look at the facts, not the diatribes against those who have brought Webb to justice and who are working hard to see that others benefit too.
***********************************************************
and finally, from one SCHH homeowner to another:
CLEARLY, these are FACTS that you should know!
Do you think that you'll see this in a TYSK? Don't hold your breath. You won't see these FACTS in a TYSK from your CA.
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the following is taken from http://www.suncityblufftonhomedefectclaims.com/protected/PultePresidentResponseSubmission.pdf
To Sun City Homeowners: A response to a submission which Pulte's President posted on Pulte's Community web site as a reaction to the Oros decision against it.
Dear Sun City Homeowner
You may have seen a publication from Jon Cherry, Division President of Pulte posted on November 20, the gist of which is, as Shakespeare has one of his characters saying, "Lets kill all the lawyers." This tirade seems to have its genesis in the fact that Mary and Joe Oros, in the first of the stucco cases to be tried in arbitration, received a full verdict from the arbitrator, in an amount exceeding $66,000-a sum the arbitrator found would be necessary to completely strip and reclad their house due to the defective original condition of the stucco exterior as sold to them by Del Webb. The arbitrator specifically found that Webb breached its contract with the Oros, which called for a non-defective house, and that their house was absolutely not as warranted. Also, and this is what appears to have caused significant consternation, is that Webb placed in its sales contracts language calling for loser-pays in an arbitration, and since Webb lost, it is responsible for all of the Oros lawyers fees and expert witness costs - a figure which could easily exceed the award already handed down.So Pulte responds - shoot the messenger! Lets look at some facts when it comes to an analysis of what the truth is here.
Pulte says - we offered to fix the house. The facts: Pulte only offered any fix as a settlement of the lawsuit more than a year into it, and offered no attorneys fees or costs, and only a partial fix. Before Joe and Mary had lawyers, they asked for a repair - the result? NO! Pulte said their 2 year warranty had expired, failed to tell them about the South Carolina law of implied warranties, and said - Sorry! Without legal assistance, the Oros would even now have no repairs, nothing from Pulte.
Pulte says – houses are great. The facts: Pulte's OWN EXPERT, Applied Building Sciences, found defective stucco mixes causing corrosion in all the houses it tested - this in addition to the defective lack of control joints and lack of flashing found by the Oros experts in 250 houses examined.
Pulte says - this is all the fault of greedy lawyers, and their fees get paid and expert witness fees first. The facts: There are nearly 100 lawsuits already filed in Beaufort County by Sun City homeowners, not because of lawyers, because of defective houses sold by Webb/Pulte. In the Oros case, the lawyers fees and expert witness fees are paid IN ADDITION - NOT SUBTRACTED FROM the Oros full award.
Pulte says - you might be required to disclose the lawsuit in a subsequent house sale. The facts: The South Carolina Residential Disclosure law requires disclosure of this defective stucco - not the lawsuits which are designed to make the developer pay for it.
Pulte says - lawsuits impact resale values. The facts - defective construction, not lawsuits to correct it - impacts resale value.
Pulte says - we are terrific and receive awards. The facts - Pulte is also the subject of considerable litigation over defective houses as any student of the internet can readily discern. In one case in Nevada, a class action was certified against Pulte resulting in a settlement exceeding $21,000,000. In Sun City, the stucco problems aren't the only problems with homeowners' properties- a class action lawsuit alleges defective trim and, additionally, problems have been documented with roof trusses.
Pulte says - if a homeowner is concerned about a construction related issue, we will gladly evaluate the situation - The facts - Just as with the Oros, Pulte is careful to state their work - if any - will be limited to "all warrantable items." This means, just as with the Oros house, if it's 2 years old and the stucco's bad, you are out of luck with Pulte - It won't bother to explain that its sales contracts require it to sell an original non-defective home, and if it doesn't, it may have to pay for the complete fix, AND Attorneys fees, AND costs, including expert witness fees.
So, folks, lets look at the facts, not the diatribes against those who have brought Webb to justice and who are working hard to see that others benefit too.
***********************************************************
and finally, from one SCHH homeowner to another:
CLEARLY, these are FACTS that you should know!
Do you think that you'll see this in a TYSK? Don't hold your breath. You won't see these FACTS in a TYSK from your CA.
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Friday, January 8, 2010
on Twitter.com
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on Friday, January 8, 2010, at 2:00 PM:
Thatonetallguy: #Pulte #DelWebb Loses Arbitration on Defective Stucco Issues Sun City, Blames Everyone But Themselves? http://bit.ly/5pCv7d #omgfacts #RE
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on Friday, January 8, 2010, at 2:00 PM:
Thatonetallguy: #Pulte #DelWebb Loses Arbitration on Defective Stucco Issues Sun City, Blames Everyone But Themselves? http://bit.ly/5pCv7d #omgfacts #RE
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Sunday, January 3, 2010
Top 10 Questions for the Decade
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By the year 2019 at Sun City Hilton Head, SC:
#10: Will Pulte employees hold 7 out of 7 seats on the SCHH Community Association Board of Directors?
#9: Will Pulte’s prediction that "before the stucco suits are settled half the homeowners will be dead" turn out to be true?
#8: Will the golf courses be self-sustaining?
#7: How many MORE unilateral changes to the Community Covenants and Rules will Pulte have made?
#6: How many MORE houses will have sunk into the swamp?
#5: How many MORE lagoons will be discovered to have been built more than 2 feet off in elevation?
#4: How many MORE wetlands will have died?
#3: What will the quarterly assessment be?
#2: Will ALL decorative flower pots be banned by 2019?
And, the #1 question for the decade:
Will Pulte and Beaufort County’s Office of Building Code Enforcement FINALLY have figured out how to secure roof trusses and brace gable ends by the year 2019?
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By the year 2019 at Sun City Hilton Head, SC:
#10: Will Pulte employees hold 7 out of 7 seats on the SCHH Community Association Board of Directors?
#9: Will Pulte’s prediction that "before the stucco suits are settled half the homeowners will be dead" turn out to be true?
#8: Will the golf courses be self-sustaining?
#7: How many MORE unilateral changes to the Community Covenants and Rules will Pulte have made?
#6: How many MORE houses will have sunk into the swamp?
#5: How many MORE lagoons will be discovered to have been built more than 2 feet off in elevation?
#4: How many MORE wetlands will have died?
#3: What will the quarterly assessment be?
#2: Will ALL decorative flower pots be banned by 2019?
And, the #1 question for the decade:
Will Pulte and Beaufort County’s Office of Building Code Enforcement FINALLY have figured out how to secure roof trusses and brace gable ends by the year 2019?
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Friday, January 1, 2010
Arthur Cummings
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http://peretired.blogspot.com/2007/10/beaufort-county-office-of-building-code.html
In an 8/18/07 article in Bluffton Today, Arthur Cummings, Beaufort County, SC Office of Building Code Enforcement, is quoted as saying: “We’ve found a few that have the proper connections missing…”
A " few" bad connections is simply not consistent with the facts. Later newspaper articles reported, that of the more than 2,700 houses that were re-inspected by Beaufort County, that 668 needed repairs.
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http://peretired.blogspot.com/2007/10/beaufort-county-office-of-building-code.html
In an 8/18/07 article in Bluffton Today, Arthur Cummings, Beaufort County, SC Office of Building Code Enforcement, is quoted as saying: “We’ve found a few that have the proper connections missing…”
A " few" bad connections is simply not consistent with the facts. Later newspaper articles reported, that of the more than 2,700 houses that were re-inspected by Beaufort County, that 668 needed repairs.
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