Please, Sheriff NRED,

Don’t we all deserve equal protection by the rule of law?

Sophia, in The Color Purple, stands her ground as the local sheriff restores his personal – and a still popular – version of law and order.

Please, Sheriff NRED, don’t treat me like Sophia

I just have to ask you, personally,

and I am speaking to you, Nevada State CIC Compliance Officials -NRED Administrator Chandra, Attorney Briggs, Ombudsman Foger, Compliance Chief Wheaton, and Compliance Audit Investigator II Pitch,

To think about it.
How do you get a 100% rejection rate of SCA homeowner grievances if there is a level playing field?
Are you aligned with your mission statement?
Or
are you “keeping the peace” by enabling an abusive culture?

I invite you to consider the possibility that you have an institutional blind spot that creates a consistent bias against SCA homeowners – and maybe, against all Nevada HOA homeowners, that’s like putting a thumb on the scales in favor of HOA vendors or a powerful few.

One way to do it

The Jim Crow Southern Sheriff restored his personal, and a still popular, version of law and order by pistol-whipping Sophia as she faced the bigoted, bloodthirsty mob alone, begging fruitlessly for protection from the man sworn to provide it.

What are you doing?

Darcy Spears nails it about abusive HOA foreclosures

Click on photo for 4-minute Darcy Spears video. Slide right of bell for sound.

Lucky buyer got a half million dollar house for $30,000…
but he’s getting an even bigger windfall

  • He won’t make a mortgage payment – an HOA sale extinguishes the bank’s right to foreclose according to the Nevada Supreme Court
  • He may not pay property taxes. The bank will probably keep paying them property taxes while the case winds its way through the courts over the next few (or not so few) years
  • He didn’t pay Real Property Transfer Tax (RPTT) on the full market value because the Recorder’s office didn’t notice that he claimed the market value was  $30,000

Nice deal if you can get it

…but just exactly how did that guy, Frank Komorowski from Williamsville New York, even know about the auction.

The homeowner and her real estate agent didn’t know it was going to auction and neither did the potential buyer who had an offer on the table.

The sale was advertised in the Nevada Legal News, but that seems to be a hard way for a guy off the street to find out about how to take advantage of such a spectacular windfall.

Frank is a Super Shopper indeed

I’m not saying Frank Komorowski is a straw buyer, but he’s gotten some really great deals in 2018 besides the one in Darcy’s story:

  • Red Rock Financial sold him a condo in Gowan Cliff Shadows for $5,000 on 2/13/18 at an unknown sale location
  • National Default Servicing sold him a place in Monteverdi HOA  for $30,000
  • Hampton & Hampton gouged him out of $6,541 to buy unit 221, 5751 Hacienda Ave., $0.50 more than the unpaid debt, without even bothering with the pretense of an auction

Who was notified about the sale?

That’s a very good question, and, now my curiosity is piqued. So, to find out, I’m doing a little more public records research.

If random guy can make a killing at these mysterious HOA sales, who’s on the losing end of the deal?

Just about everybody else

  1. It’s not just the homeowner that loses.
  2. Taxpayers subsidized the sale by his shorting the county on the property transfer tax (Frank paid $153 on each $30,000 sale and  instead of the $2,200 that he would have had to pay if he had declared the fair market value.
  3. According to Nevada Realtors Association, the property value of each house in an HOA is diminished 1.7% for each foreclosure, but since there are two HOAs mentioned on the foreclosure deed, it’s not clear which homeowners.
  4. The homeowners in Summerlin West will pick up the tab for all the attorneys fees while the bank sues Frank and the homeowner sues Frank, and the debt collectors will ride off into the sunset with the $30,000 Frank paid less the nine months of assessments plus interest that the HOA gets.
  5. The real estate agent who worked hard on the short sale will be paid zero because the sale was snatched out from under him as well.
  6. The bank loses big (unless it’s a bank that’s contributing to the problem by recording false affidavits on titles (but that’s another story for another time).

That can’t be right!

Well, it’s certainly not morally right for HOAs to allow their agents to engage in abusive debt collection practices.

Doesn’t the law limit collection fees?

Yes. It’s definitely not legal to keep money that’s not yours. NRS 116.31164 says exactly how the proceeds of an HOA sale are to be distributed. The debt collectors just don’t do it.

Keeping all the money (except nine months of assessments to the HOA plus interest) is just about all they distribute because they have been getting away with it.

Moral hazard

No big surprise.

When there is so much money to be made by cutting corners and playing fast and loose with the rules, lots of people who are supposed to be fiduciaries go to the dark side.

What about at SCA?

SCA is no better. SCA has been ripped off by EVERY ONE OF ITS DEBT COLLECTORS, to a greater or lessor degree, since 2014 (that I know of, for sure).

For example, in April, 2015, SCA hired some very crooked attorneys, Alessi & Koenig, LLC, as debt collectors, after SCA dumped Red Rock Financial Services (who was really SCA managing agent FSR in disguise).

A & K filed for chapter 7 bankruptcy in January, 2017, allegedly because A & K was named in over 500 lawsuits out of the 800+ HOA foreclosures they did between 2011-2015, not to mention a $640,000 judgment against them for bid rigging and racketeering in the Melinda Ellis case. (You’re right. They stiffed her.)

When the A & K bankruptcy was dismissed, and the creditors were told to pound salt, it looks like the attorney/debt collectors had kept $2.6 million out of $2.9 million they admitted receiving in HOA sales proceeds.

And there’s a multi-million dollar mansion in David Alessi’s sister’s trust’s name in Malibu (unless he’s picked a new place to hide  assets from creditors).

Retained quite a bit over the legal limit, I’d say.

Next time

More to come about the exciting ways HOA agents make the big bucks for a few lucky winner while the HOA homeowners foot the bill.

“Heads will roll if lips aren’t sealed about GM pay”

Or, anyway, that was the threat, before…

Contact13’s Darcy Spears highlighted Sun City Anthem’s excessive executive compensation on the “HOA Hall of Shame” on Channel 13 action news last Thursday.

Living in Las Vegas can cost more when your home is in an HOA, but where does all the money go? Contact 13 looks at who’s getting a big slice of the pie in one of the largest communities in Southern Nevada. Click on photo to watch 3 1/2-minute video.

Threatened with legal action? Really?

Did you catch that report at the end of the video?

Neither the GM or the Board would even answer KTNV’s call to explain how the SCA Board justified such big payouts.

“Instead, they had an attorney respond who claimed State law prohibited the HOA from discussing anything about salaries and we learned the HOA threatened legal action against some owners after Contact13 started asking questions about manager pay rates.”

Is any of that true?

It is 100% true that the GM has used OUR attorney to threaten legal action to try to keep her pay a secret.
  • against me personally,
  • against other owners,
  • against the association itself, and
  • in this case, against a TV station,

But, it is 100% legally and morally wrong to use our SCA attorney to unlawfully hide from owners how much of OUR money is going into her pocket.

Are any SCA employee salaries/ benefits confidential by nevada law?
Short answer:       No.

Per NRS 116.31175, most personnel records are confidential, but not compensation.

…4(a) The personnel records of the employees of the association (are confidential), except for those records relating to the number of hours worked and the salaries and benefits of those employees;

Why would the SCA attorney say employee compensation is confidential when the law clearly says the opposite?

In my view, he is simply representing the wrong client.

As the SCA association attorney, he is being paid by the owners to act as OUR agent, not to be the GM’s agent.

In fact, there is a law specifically prohibiting him from representing the GM because it is a conflict of interest. See NRS 116A.640(6). He is duty bound by law to act, solely and exclusively, in the best interests of the association membership as a whole.

But, is he?

I certainly don’t see it. I see the GM approving tons of unnecessary attorney fees that owners pay to protect her imaginary privacy rights.

And like Ricky Ricardo, I think Adam Clarkson has some ‘splainin’ to do.
Why did I get a threatening letter because of this story?

I was told this story was taped, after the fact, last October, but then nothing happened, and I forgot about it.

On 12/22/17, I submitted a written request for SCA to update the 2017 employee compensation table that had been given to another resident on 1/31/17. The budget was ratified in November, and I suspected the Board had given the GM another bonus in secret despite the petition for a vote of no confidence signed by 825 owners and her failure to meet the 12/31/17 target about the restaurant.

When CAM Elyssa Rammos emailed me around 1/15/18 that the 2018 salary table was ready to pick up at the front desk, I was in Mexico and asked for it electronically.

When I got no response, I asked Ruby Leong to pick it up and email it to me before the MLK 3-day weekend. They gave her the run around.

“It’s not ready.
We gave it to someone else.
We have to make changes.”

None of which was true.

The reason for the stonewalling was exactly what Darcy Spears said. Between the time Elyssa Rammos had notified me that the 2018 employee compensation chart was ready, and Ruby Leong could drive a few blocks to pick it up, Sandy Seddon had gotten a call from someone at KTNV.

Quick as a flash, Adam Clarkson manufactured an absolutely false legal interpretation out of thin air that the 2018 version of the previously-released 2017 table was now confidential because Contact13 was doing a story.

Wow. It’s magic.
Documents become invisible, and our money disappears.

SCA’s $325/hour attorney blocked the release of the 2018 update of the 2017 SCA employee compensation table that was already in the public domain. SCA homeowners had to foot the bill for Clarkson to write “legal letters”, in SCA’s name, in January to threaten legal action against me if I told KTNV what the GM’s pay was (even though they already knew) and against KTNV if they ran the story.

There was no Board action authorizing this threat of legal action – unless, of course, they took the action in a secret meeting.

And, by the way, NRS 116.31088 requires a VOTE of the membership, before SCA can file a civil action. But no big deal.

This is a provision of the law that Adam Clarkson made disappear when the SCA Board filed a civil action to evict the Foundation Assisting Seniors. I’m sure Adam Clarkson’s convoluted reading of the law will come up with some magical way that allows the GM to use him to threaten litigation, against anybody or everybody, in SCA’s name, and on SCA owners’ dime.

What did I do about this “legal letter”?

I filed an affidavit under penalty of perjury on 1/31/18 with NRED.  I requested that this complaint be incorporated with the ongoing investigation into the harassment and retaliation complaint which precipitated my unlawful removal from the Board on 8/24/17.

It is my understanding that these complaints will be heard by the CIC Commission on November 6, 2018.

More to come.

The next few blogs will discuss the magnitude of the GM’s misuse of the association attorney to act as her personal fixer.

Part 3: In case you don’t think this is enough evidence

This is the third, and final, part of my 6/6/18 email to the NRED Chief Investigator and Ombudsman to clarify NRED’s process for ensuring that
1. the rights of homeowners in HOAs are protected,
2. Nevada statutes are uniformly enforced, and
3. Board members or agents suffer consequences if they fail to act as fiduciaries.

Justice delayed is justice denied

Three Hawaiian Princesses – Tara Noalani, Ella Nahiena’ena welcome Issa Anale’a to the world. I fight to ensure “liberty and justice for all” is a core value in the world we pass on to them.

Justice delayed is justice denied

The length of time NRED has taken to address the complaints I submitted last September without response has unfairly diminished their credibility or, in some cases, rendered them moot.

This is unacceptable, particularly since these issues (election interference, concealing association documents, retaliation, harassment, unlawful removal from the Board for essentially political purposes are all issues of great import to protect homeowners in all Nevada HOAs.

Denial without prejudice? Hardly.

Denial “without prejudice” in one election interference case was nonsensical. A 10/20/17 complaint that Bob Burch was wrongly left off the removal election ballot because two pages with a combined total of 22 signatures mysteriously disappeared so allegedly, he was two signatures short of being placed on the ballot. On 12/11/17 the complainant (not me) was notified by Christina Pitch that the case was closed stating:Say, what?

Claiming that the Ombudsman’s attendance at the vote count of the ballots (ballots that did not include Bob Burch) was sufficient justification to deny the complaint that Bob Burch’s name was wrongly excluded from the ballot (due to 22 missing signatures) is a complete non sequitur.

NRED might as well have denied the complaint because Kilauea volcano erupted.

Further, Bob Burch was treated as a non-conflicted Board member at the November 1 recall vote count despite the complaint about his not being included on the ballot was still open until NRED’s December 11 rejection.

To say that this was not prejudicial to the claimant (meaning that he could file the complaint again after the point was moot) adds insult to injury.

Inappropriate use of association attorney

NRED appears to condone SCA GM and Board giving an inappropriate level of deference to association attorney Clarkson.

Those same 11/1/17 recall vote count owner meeting minutes show the tip of the iceberg of the completely inappropriate role Adam Clarkson took in the recall election process.
Not only was there no Board approval:

  1. to amend the adopted SCA Election and Voting manual,
  2. to dump the volunteer Election Committee and
  3. no Board approval to hire a CPA and
  4. no Board approval to pay the CPA firm and the Clarkson firm over $100,000 in unbudgeted funds to take over (and bungle) the recall election,
No law gives an HOA attorney decision-making authority

There is substantial additional evidence that Clarkson unlawfully acts as a decision-maker, or as the GM’s attorney, rather than solely as a legal advisor to the full Board.

What more does NRED need?

In what form can I submit this evidence where I can be assured that it will be weighed by an independent trier of fact?

Freedom of information is non-existent at SCA

GM’s concealing association records and using the attorney to threaten owners for even asking appears to be condoned by NRED.

NRED gave two different responses to the draconian records request form revised by the Clarkson law group 2/28/18 to suit the GM regardless of the law or best interests of the homeowners.

NRED response 1 was pro-homeowner.

The first was an email response to a homeowner in March correctly stated the owner protections in the law,

“The “mandatory acknowledgement” form…is contrary to NRS 116, as such a document is not required by law.”

NRED response 2, as reported by Bob Burch, was pro-management.

The second NRED response was only reported verbally.

I haven’t seen any written response from the Ombudsman to the SCA Board, but the Board President has reported that NRED approved the unlawful “acknowledgements” on the document request form that restrict the homeowner from sharing legally accessed material with third parties.
Could this really be true?

According to the Board, NRED has approved the SCA threatening homeowners that, if the information (released per NRS 116.31175) is disclosed to third parties, the owners may be subject to fines and penalties up to foreclosure.

These Clarkson-crafted “acknowledgements” are allegedly (according to Clarkson) binding even if the owner does not sign or agree. According to SCA, NRED says this is okay, just so long as the owner is not required to sign the acknowledgement.

Does NRED have a double standard?
Note that the document request form’s revision was not approved by an official Board action despite the requirement of SCA bylaws 6.4(a)(b) p. 24.)

The Board abdicated its duty to make records accessible to owners contrary to NRS 116.31175, and the GM never signed a management agreement acknowledgement per NRS 116A.620(1)(a)and (m) that the HOA records do not belong to the manager.
Yet, NRED apparently issued a verbal ruling giving the SCA Board and management carte blanche to carry on.

Could this really be true?

And one last thing

Lack of transparency allows SCA homeowners to be put at risk due to

  • management errors,
  • bad decisions,
  • inappropriate use of the attorney at triple the adopted budget, and
  • resistance to implementing sufficient checks and balances.

My insistence in attempting to address these problems led to the harassment and retaliation that was the true impetus of my removal from the Board.

Note that NRED has not responded to my 7/21/17 Form 781 complaint other than to refer it to the investigations division. The problems of withholding and concealing records have been exacerbated over the past year, and I have submitted additional documentation to the complaints in September,  November and January evidencing this unacceptable pattern.

What is NRED going to do to address these issues?

Part 2: Secret meetings in general

This is the second part of my 6/6/18 email to the NRED Chief Investigator and Ombudsman to clarify NRED’s process for ensuring that
1. the rights of homeowners in HOAs are protected,
2. Nevada statutes are uniformly enforced, and
3. Board members or HOA agents suffer consequences when they fail to act as fiduciaries.

Issa Anale’a didn’t make us wait as long as NRED

Why has NRED needed more than nine months?

Tomorrow, I’ll see what NRED Chief Investigator’s perspective is on the 6/6/18 email I am sharing below in Part 2 “Secret meetings”, in the previous blog, “Why so quiet?“, and in the final part 3, “In case you don’t think this is enough evidence”

Part 2: Secret meetings in general

The second complaint was that the Board deliberates in secret meetings.  This complaint being dismissed perfunctorily is also problematic. It appears as if NRED condones a pervasive pattern at SCA of decisions being made by the Board, the attorney, the GM or individual directors without proper action by the Board in open session.

It also appears that there are no consequences if SCA Board is not compliant with NRS 116.31083, NRS 116.31085, or SCA governing documents.

NRED previously instructed SCA on this point

Previous NRED officials have issued letters of instruction (attached to previous email) to require statutory conformance (with owner protection laws) which SCA now ignores.

I, as well as other SCA residents, have alleged that, currently, many Board decisions are made improperly, i.e.,

  • in group emails,
  • in “workshops”,
  • in improperly noticed meetings,
  • private Board training (no notice, agenda or minutes) sessions which are
    • deemed “attorney-client” privilege while
    • simultaneously are deemed to NOT be executive sessions, but of which recording is prohibited:
  • meetings or email chains involving only a few Board members or which pointedly exclude dissenting directors
What does it mean when the NRED investigation of these complaints just stops without a finding?

Obviously, the SCA Board was notified that SCA has won by default, but apparently the owner who complained was not.

As Bob Burch said,

Both complaints were closed without any action being taken against the Association when the division determined that there was no good cause to continue with the investigation. In other words, we prevailed.

This is essentially what has occurred in 100% of the cases filed in the past year.

Is that NRED’s intent? 

  • Does NRED really intend to say that this Board conduct, that has generated many owner complaints, is permissible despite the Board’s failure to meet the requirements of NRS 116.31183 or NRS 116.31085?
  • Or are you not convinced that the complainants accurately reported impermissible acts?
  • Does NRED’s investigative protocol permit your investigator to rely on information provided by the HOA, but prohibit further investigation by seeking additional information, or at least a response, from the complainant?

Whose call is it anyway?

NRED needs to be aware that at SCA, Board decisions are routinely made by the GM or attorney in policy areas in which the Board is prohibited from delegating by SCA bylaws 3.20 and 3.18 pursuant to NRS 116.3106(1)(d).

These wrong parties (the GM, the attorney, a subset of the Board) falsely claim the Board made decisions that the Board didn’t make correctly, or worse, didn’t make at all, e.g.,

  • hiring debt collectors without an RFP (competitive process),
  • increasing group exercise user fees,
  • failing to comply with the Election & Voting Manual in the 2017 recall election,
  • hiring a CPA without a contract or an RFP to do the volunteer Election Committee’s job,
  • paying that CPA and attorneys, at a $100,000+ un-budgeted combined cost, to usurp the recall election process,
  • over-expending the legal fees budget by $200,000+ in 2017,
  • taking punitive actions, without legal authority, against me as a Board member and unit owner, i.e., threatening letters and kicking me off the Board in retaliation for my complaints and records requests,
  • authorizing the use of owners’ money to pay for the association attorney
    • to appear in the GM’s divorce and
    • to withhold SCA records in discovery that had been previously released to OSCAR, the anti-recall group.
When the NRED investigation into these actions just stops, or maybe never even starts, what does it mean?
  • Is abdication and usurping of Board authority okay in NRED’s view?
  • Does NRED need more documentation and more specific examples to establish that this practice is occurring?

What else does NRED need to stop this?

Here is a link to a www.SCAstrong.com blog, “If they had only known, part 3” that gives some examples of GM decisions that resulted in election interference, hiring bankrupt or conflicted debt collectors without due diligence or following proper procedure, a biased selection of a restaurant vendor (that is not proceeding for unknown reasons, leaving SCA with no restaurant for 2 1/2+ years and counting).

I can also provide you links to the actual documents that are are evidence of these and other specific incidences if NRED needs more documentation to make a finding and prohibit agents from taking advantage of SCA.

Coming up:

Part 3: In case you don’t think this is enough evidence

Why so quiet?

Sorry for the big break in my updates about SCA shenanigans.

I’m in California for some family events,

Nathaniel graduated

and a new granddaughter due any minute

But, while we’re waiting for the next big thing, I’ll tell you

The real cause for pause

After a fun-filled trip to Mexico, I dragged myself to the May 24 Board meeting. I was immediately stunned by the President’s report that NRED had stopped investigating two complaints that impacted me.

I wondered if NRED’s practice was to rely on management or agents rather than get the whole story. I hoped not. But, I had a sinking feeling…

Ordinarily, I would have posted something right away, but I decided to talk to NRED’s new chief investigator, Terry Wheaton, first. Multiple attempts to set up a meeting were unsuccessful so I documented my concerns in writing.

It is even longer than my usual missives, so I’ll break it up for you. It was full of hyperlinks to the actual evidentiary documents. I will break the links in this public distribution, just in case, my transparency forces the SCA Board and GM to claim it is their fiduciary duty to pay the attorney $10,000+ to threaten to sue me to kingdom come.

Part 1 of email to NRED

Fwd: Issues related to dismissed and open investigations; NRED Letters of Instruction to SCA

I am writing you now to document my concerns and request that you evaluate these documents before there is a final determination on my form 514a, 781, and three form 530 complaints  (harassment/retaliation, recall election interference, and for removing me from the Board without complying with NRS 116.31036 on false and unproven charges that I had placed matters before the Board from which I stood to make a profit.

1. NRED investigations are closed without notice or reason

In March, I raised this concern to Christina Pitch in the email I am forwarding here. You can see her response. However, the pattern of NRED closing complaints without a clear, legally defensible, equitable resolution seems to be continuing.

At the last Sun City Anthem Board meeting on 5/24/18, the new President Bob Burch made the following claims in his President’s report which were extremely disheartening because I have received no communication from NRED about these issues which intimately affect me and about which I have formally filed affidavits and declarations.

President’s report

Next, I would like to report that we have been advised by the Nevada Real Estate Division that two complaints filed against the Association have been closed. In one case, it was alleged that the Executive Board held an emergency meeting on July 18, 2017 to discuss employer liability and that the meeting did not meet the requirements for an ‘emergency’ under NRS116. In the second case, it was alleged that the Executive Board held secret meetings beginning in March or April 2017 in which appointments to committees were agreed upon and Association business was decided upon. Both complaints were closed without any action being taken against the Association when the division determined that there was no good cause to continue with the investigation. In other words, we prevailed.  – Bob Burch, 5/24/18

What does “no good cause to continue the investigation” mean?

Does NRED condone or just not care?

Dismissed complaint 1: July 13 “emergency” executive session

In my view, having a Board meeting without notifying me for the other six directors to approve a cease & desist order against me was an unlawful abuse of authority and certainly not an emergency.

What does NRED think?

Does NRED’s closing the complaint investigation without disciplinary action against SCA mean:

  • That NRED says it’s okay for the GM to fail to give me, an elected Board member, ANY verbal or written notice that the Board I was elected to was being called into an “emergency” executive session two hours after I was standing in her office being denied access to ANY SCA records despite NRS 116.31175 and SCA bylaws 6.4(c)?
  • That NRED says it’s okay for a GM, an at-will employee, to use the association attorney at SCA owner expense to threaten litigation against SCA (her employer) and me, a Board member, personally for creating “employer liability” for asking for justification for her being paid double the market rate and criticizing her performance and judgment despite NAC 116A.345(5)?
  • That NRED says it’s okay for six Board members to meet without and issue orders against me, the seventh EQUAL, ELECTED Board member, to limit authority as a Board member, restrict my duties, TOTALLY restrict my access to information needed to make decisions as a Board member, and restrict my right to vote on an equal basis with the other directors despite the prohibitions in NRS 116.3103(2)(d)?
  • That NRED says it actually was an emergency as defined by NRS 116.31183(12) affecting the health, safety and welfare of the community for 6/7 of the SCA Board to meet to order me, the seventh, to stop asking for a verification of the GM’s former salary and to reprimand me, without legal authority, for asking the GM to reconsider a ruling she made to prevent equal time in SCA official publications for a proponent of the recall election?
  • That NRED says that six members of the Board constitutes a quorum, and they (6 of 7) can meet in executive session to make decisions for the Board as a whole or to take action against the seventh Board member even if the six directors prevent the seventh Board member, despite the limitations defined in NRS 116.31185 or NRS 116.3103(2)(d),
    • from attending their secret session,
    • from voting, or even
    • from knowing their secret meeting is going to occur ?
  • That NRED doesn’t care that the SCA Board failed to comply with multiple provisions of state law and SCA governing documents?
Or is NRED saying
these owner complaints are frivolous and aren’t serious matters worthy of at least a complete investigation?

That meeting, actually held on 7/13/17, had numerous flaws which I spelled out to NRED in form 514a on pages 4-5 and claims are  supported by written evidence.

I now have a meeting scheduled for June 18.

Next time

Part 2: Secret meetings in general

 

SCA Board officer selection orchestrated again

Officer elections over in a flash

  • No competition
  • No owner input
  • No surprise
  • No hope 

President            Bob Burch
Vice president   Rex Weddle
Secretary           Candace Karrow
Treasurer           Forrest Quinn

Why was last year’s officer election so bitter?

Simple answer. I committed the ultimate sin.

I volunteered to fix what I saw wasn’t working right in the transition to self-management. I told them the truth.

Unfortunately, changing the tone at the top means regime change.

OMG! Shut up!! You did not!

Yes, I did. Unlike this year’s newbies, I was totally unaware of SCA’s political realities. I never dreamed that volunteering to share my expertise would be treated as a capital offense.

How low will they go?

Frankly, I was surprised to see that Rex and his cronies would do anything – even break the law- to crush a political opponent.

And yet, here we are.

We have a full year of evidence that proves this point. This past year, we have seen VERY clearly many examples of how they have spared no expense (owners’ money, of course) to keep a death grip on the reins of power.

So, Dona Quixote, what did you say to tick them off?

I told them the incumbents were the bottom vote-getters so it was…

a mandate to improve the effectiveness of the Board as a unified governing body

That’s really bad.  What other evil did you spew?

I caused an uproar of outrageous indignation when I said that the vote showed an interest in changing the “tone at the top”

Yes, horrible as it was, I also said

the Board needed to be trained together to be guided by common, articulated goals.

You said what!!?

Actually, what I said is exactly what happened. The Board predictably devolved.

“…(absent proper training)…this Board will predictably devolve and return to a pattern of making backroom deals, abdicating its policy role to management, creating dissent in the community, and interfering with operational decisions which should legitimately be handled by staff.

Examples of how my fears were realized.Obviously, you can’t be trusted to keep a secret.
Remember,

Snitches get stitches.

On the advice of counsel
Unbelievably, Adam Clarkson or his underling, John Aylor, said these things directly or helped the GM and her buddies on the Board do them.

  • the Board can act without voting
  • the GM has rights that exceed those of the membership
  • directors facing recall have more control over the recall election than directors who were not named in petitions because the attorney says so
  • it is okay for the GM to use the attorney however she likes, including to get rid of a director who is too nosy about her pay and protecting the directors who like her from getting recalled
  • owners must pay whatever the GM and the attorney sayYou are so arrogant and mean, and you lie.

Even if I were arrogant and mean, I am not lying. Everything I say, I will eagerly say under oath.You deserved to be kicked off because, obviously, you are making a profit from doing this.

Seriously. They said that.

No decent Board member should have to work with you.

Well, that hurts.

It shows how stunningly effective a marketing campaign to demonize me has been. It persuaded a lot of people to agree with both that unfair assessment of me and with the ridiculous claim that other directors are above me and special.

It’s really sad, but the smear tactics have been led by,
Guess who?
current and former members of the Board, with the full support of the GM and the attorney, and funded by guess-whose money.

I was forced to become a blogger to respond to GM-initiated defamation and threats of litigation.

And now, Rex put out another self-righteous editorial claiming that it is the bloggers that have destroyed our property values.

Exhausting.

Since Rex has aggressively blocked anyone having equal time to debate his self-serving prostelyzing on the Spirit, the website or at meetings or any other forum, the only way to get the other side of the story out is to blog.

Will Bob write patronizing, insulting President’s reports?

If his diatribes during director comment periods at Board meetings are any indication, he will invest a great deal of energy in verbally assaulting anyone who disagrees with him that tries to speak up.

But, I’m pretty sure the deal he made with Rex, our new Vice -President, was to be a version of co-Presidents so Rex can keep a grip of the reins.

By my best guess, as far as the written word goes, Rex will continue to treat the Spirit as his personal snide blog as he ghost writes the President’s reports next year for Bob.

Previously, Bob complained that he finds writing boring when, on May 1, 2017, immediately before I disturbed the peace of last year’s pre-determined officer election, he wrote

“I have no desire to be President. In my entire military and civilian careers, I have never found writing reports or articles in magazines very interesting. Therefore, writing monthly Spirit articles, monthly Board meeting recaps, etc., is not something I would look forward to doing.”

So, President this year,

Way to take one for the team, Bob.

Being serviced by SCA attorneys is painful and pricey

This is the second blog in a series about lessons learned at the April 26 Board meeting.

Lesson 2-
When we don’t get what we paid for, we should send it back.

This blog is about how it is always “lose-lose” when the SCA Board abdicates to attorneys instead of being guided by:

  • common sense,
  • NRED Board training,
  • owner oversight and
  • professional management standards of practice.

This blog is about the overuse and wrong use of the SCA attorneys to protect individual Board members and the GM, and actively, purposely hurting owners – all on owners’ dime.

Special thanks go to Rex Weddle and Sandy Seddon for setting the mean-spirited and divisive tone at the top that has prevented all neighborly, amicable resolution of differences on their watch.

Highlights of legal expenditures

  • First quarter 2018 $101,300  more than double the $48,750 budget
  • 2017 quarterly budget was $22,500, so $101,300 was nearly five times what was expected to spend in a quarter last year
  • In 2015, before self-management SCA actually spent $116,292 for lawyers
  • In 2014, $52,219 was spent for the whole year.
  • In 2016,the whole year of lawyers was $118,861, but that was before buckets of money were extracted from owners’ pockets in 2017 to pay to be aggressively serviced by the Clarkson Law Group

Again, a special thanks to Rex and Sandy for their utter disregard of best practices and fair play to make owners pay attorneys to keep your dirty little secrets.

What are we getting for our money?

Can we figure it out from the budget variance “explanation”?

“NRED, FAS, Director liability, policy updates, etc.”

Pretty unsatisfactory explanation, I’d say. I’ll also say these ridiculous legal fees are not necessary expenditures. They are only necessary if the Board is duped into doing everything the hard way instead of opting for the ounce of prevention.

Some of these fees are also caused by individual Board members and the GM using the attorneys in inappropriate ways, and the attorney leading, or going along with, unfairly stripping owners’ of their legal protections. The attorney makes big bucks as a quid pro quo for the Board abandoning even the appearance of controlling budget policy.

SCA leaders refuse to be transparent about what they are doing, but I think you all should know what you are buying.

And remember, unlike blogger # 3, Mr. (name redacted), who was drummed out of the legal profession for forging a judge’s signature, I will swear under oath to the truth of what I say, and I will, willingly and openly, back my words up with evidence.

I’ll show you in Lesson 3 why attorneys’ lies about me are so serious and why doing this to one owner hurts ALL owners.

 

 

 

 

Making owners pay to fight owners knowing how our money is spent

A point for transparent Nevada

The R-J just won a victory for transparency when the District Attorney was required to release information about how much the DA’s office was compensating witnesses in criminal trials.

Public interest
Using taxpayer cash to fight the taxpayer
Click on photo to read full editorial

 

“To sum it up, the taxpayer-funded prosecutor’s office sought to conceal from taxpayers certain payments it made with taxpayer money – and then eventually cut a deal that will cost taxpayers $55,000 (in attorney fees).”

 

“Wouldn’t it have been easier – and cheaper – for those in the DA’s office to simply have made the information available in the first place? Instead, the default setting is always to retreat into the shadows and make liberal use of other people’s money to fight against open government.”

Sound familiar, Mr. Clarkson?

It should.  Sun City Anthem Board and GM are misusing the SCA attorney to hide their sins, and he is laughing all the way to the bank.

SCA’s leaders are wasting owners’ money to hide information which should be easily accessible to us at virtually no cost on the website.

SCA’s brand of mean-spirited opacity- hiding actions and expenditures from owners and making the owners pay the attorney fees for hiding what could even be unlawful or fraudulent – has more elements of sleaziness than I saw in the government’s efforts to avoid transparency.

SCA has gone beyond the practice of merely blocking freedom of information requests as described in the R-J editorial to being outright abusive to owners who just ask for information they have a legal right to receive and distribute as they wish.

For example, the claim on the new SCA Records Request Form that SCA records that might be requested, such as employee compensation, are “private and confidential records of the private entity that is the association” is simply false.

Those records can’t be confidential by Nevada law in Sun City Anthem and not confidential by that same Nevada law in Sun City Summerlin.

Threats of litigation?

I don’t see that the Public Employees Retirement System threatened the R-J with punitive sanctions for just submitting a Freedom of Information Request like our mean-spirited leaders are doing to SCA owners, threatening litigation for even asking for information the GM or individual Board members want to be publicly known.

GM’s “privacy rights” bigger than owners’ rights?

I also don’t see that the government officials ever claim that freedom of information requests violated some imaginary and legally-unsupported “personal privacy rights” as SCA’s attorney has done on behalf of the GM.

Only withhold records from certain parties?

I don’t see that the District Attorney claimed the requested information could be withheld from the R-J, but that it could be released to the R-J’s competitor? SCA has done this very thing repeatedly by providing information to OSCAR (recall opponents) that was withheld from others who were not in that camp.

Making up laws?

I also don’t see that the District Attorney just made up some bogus legal  requirement that the R-J acknowledge that the information can’t be used in ways the DA would consider harassment or even just embarrassing. The new SCA information request form contains multiple ridiculous “acknowledgements” which have no basis in law.

The SCA attorney is lying to owners about what owners’  rights are. Fines and other sanctions are threatened against  SCA owners for requesting and disseminating information, both of which are within fully within owners’ legal rights.

For example, the claim that SCA CC&R 3.6(h) and SCA Rules & Regs 9.4 would be violated and an owner subjected to penalties for violating any of the totally fabricatedduty, restriction and/or obligation provided herein” is a double whammy of threatening an owner for violating restrictions the attorney just made up out of thin air. 

Magically creating privilege?

I also don’t see any egregious claim by Clark County that documents, actions or conversations become privileged just because the secretive official wishes that they were legally protected from public view as the Clarkson Law Group, the GM and individual members of the Board ludicrously and repeatedly do to unlawfully attack owners for exercising our legal rights.

 Ask any Discovery Commissioner

The burden of proof that documents, conversations or actions are legally privileged falls squarely on the party who is seeking protection from disclosure.

Not the other way around.

Being accountable for being good neighbors

Is a criminal-to-excellence measuring scale hard to understand?

It seems to be hard for the people currently in power here to grasp.

But, the association (meaning the membership) faces a very high risk if the Board, GM, and attorney are not held accountable for being ethical and fair.

With so much a secret, who can be held to account?

I invite you to look again at my  blog, The Cautionary Tale of the City of Bell.

Although SCA is a non-profit corporation that privately delivers municipal services rather than a city per se, SCA has hallmarks that mirror the City of Bell’s textbook case of municipal corruption:

  • laws are bent to serve executive’s private interests
  • those in power act in concert for self-interest
  • excessive executive compensation
  • disenfranchising of unsophisticated and inattentive voters
  • election interference
  • lack of transparency

Mmm…how can I make this clearer?

I know. Let’s discuss a fun fact about bestiality.

Did you know that until AB 391 passed last year, and became effective October 1, 2017, it wasn’t against the law in Nevada to have sex with a dog?

It’s pretty weird that it wasn’t illegal until a few months ago, but, I think we can all agree that,

just because you could have, doesn’t mean you should have.

Let’s take this tale a step further.
What if…

…before Nevada’s anti-bestiality law passed, a neighbor was disturbed by the noise of a dog whining. When the neighbor realized what was happening, he complained around the neighborhood that such conduct should not be allowed.

The neighbor complained strenuously that it was cruel and abusive to the animal, and offensive to community values.

Instead of apologizing or showing any shame or remorse, the “dog lover” was rude and insulting to the neighbor, flaunting his “rights” and saying in an arrogant and condescending tone:

“Shut up. I can do to my dog whatever I want. I do not have to change my ways just because some whiner complains about having to witness how much I really love my dog. My attorney says the law is on my side. You have invaded my privacy and defamed me. I’ll tell everybody you are a horrible busybody, and they’ll hate you. I’m going to sue you, and you will have to pay all my attorney fees.”

Your Ethics 101 Exam Questions
  1. How would you rate the dog lover‘s behavior on a criminal-to-excellent-neighbor scale?
  2. How would you rate the neighbor’s behavior?
  3. Should the neighbor have to pay the attorney fees?
  4. How could this situation have been handled better?

Even if the selfish dog lover had not technically broken any Nevada law, I think we can all agree that he was wrong to abuse the dog, and that he made everything about the situation worse by unfairly stomping on the aghast neighbor.

The moral of this tale

What the Board, the GM, and the attorney did felt to me as exactly comparable to how the dog lover retaliated against his neighbor for complaining. They bullied me, shunned me, threatened me with litigation and liability for attorney fees for speaking up when I saw things that were just plain wrong – just like the dog lover treated his neighbor.

SCA leaders must be held to a higher standard.

You can help. Vote. Raise our standards.
Bob Burch and Aletta Waterhouse should not be re-elected just because they have not had sex with their dogs.