By the Numbers – Part 1

You’re fired!

A closer look at surprise decision to fire me from the Sun City Anthem Board made secretly by the other six members of the Board and announced to me at the August 24 Board meeting shows why SCA’s new attorney Adam Clarkson is the one who should be fired.

Clarkson advised the other six members of the Board that they could take unlawful action in secret to remove me, the elected seventh Director, from the Board without using the removal election process. Then, adding insult to injury, Clarkson took over the removal election process of Rex Weddle, Tom Nissen, Aletta Waterhouse and Bob Burch after four petitions signed by 825+ owners had been submitted and fired the SCA Elections Committee. The integrity of the removal election process has been compromised by the actions of management and the attorney, the very people who said I could be fired without a removal election.

Says Who?

Who says Board members,management and the attorney are allowed to diminish the value of your vote or lessen owners’ control over who sits on the SCA Board of Directors?

  • Who said the attorney Clarkson was authorized to take over the removal election process of the four directors who had more than 825 signatures to recall them at a cost of $325/hour?
  • Who said that the GM had the authority to pay a CPA an unknown, and unlimited, amount to work with Clarkson Law Group to do what is normally done by the volunteer Election Committee on any other SCA election?
  • Who said the Election Committee could have no role in the removal election of four members of the Board?
  • Who said the Election Committee could be relieved of all the duties listed in its adopted charter to conduct any Sun City Anthem election?
  • Who said six members of the seven-member Board had the authority to vote the seventh elected Board member off the island without a removal election for any reason, let alone because I blew the whistle?

So, here’s what I’m saying…

My sudden forced exit from the Board was done in retaliation for my complaining that the Board and management were violating SCA’s governing documents and NRS 116 and other statutes.

I’m saying that their allegations including that I am using my position on the Board to make a profit are all false.

I’m saying the attorney should be fired for causing six members of the Board to act illegally to kick me off the Board based on unproven allegations, without making the slightest attempt to prove whether the allegations are true or false, and without the common decency of even telling the seventh member of the Board what they were sneaking around doing

I’m saying that six of the seven members on the Board have no legal authority to just fire the seventh member from Board without a removal election called by a petition signed by at least 10% of the 7,144 members.

I’m saying that six of the seven members on the Board have no legal authority to just fire the seventh member from Board regardless of merits of their allegations and regardless of the intensity of the six Directors’ personal beliefs in the allegations.

Clarkson told the other six members of the Board that making an unproven allegation that I was making, or could theoretically make, a profit from being on the Board was sufficient justification for kicking me off the board instantly. No need to have a hearing to find me guilty. No need for 10% of the owners to sign a petition asking for a removal election. No need for for a removal election with 2,501 to vote for removal.

I’m saying the action was taken to boot me off and refuse to indemnify me or provide me a defense as required by law was done in retaliation of my giving notice to the GM, CAM, attorney, and Board of my intent to bring their actions to the attention of the authorities.

I’m saying that we unit owners have a right to know who made these decisions and by what legal authority.

I’m saying that the Ombudsman or some other neutral State official should have provided independent oversight to the Election Committee to ensure the integrity of the removal election process,

I’m saying the four people who are facing recall should not have dismissed the petitioners’ complaints without consideration of their merits on the belief that anyone who would complain is obviously just a malcontent or a whiner.

I’m saying the four Directors facing the unnecessarily-expensive removal election should not have treated the complaints as unworthy of response and there’s no need to listen to owners when these Board members already know what’s best.

I’m saying the four Directors facing the unnecessarily-expensive removal election should have done the right thing – and just resigned.

I’m saying that you all should vote for the removal of the four Directors who are making you pay through the nose to have a removal election right after they refused to honor your vote that put me on the board and did not ask for your vote when they removed me.

Resources:

Nona’s Notice of Intent (pdf)

SCA Response to Demand Letters and Board Decision (pdf)

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