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.

Telling lies, ruining lives

“As I understand it, Ms. Tobin was prevented from running for the Board not because she has opinions that are critical of the Board and SCA management, but ONLY because she is involved in litigation against SCA from which she might stand to gain a financial benefit.” -David Berman

Poppycock.

My unlawful removal from the Board was completely 100% done in retaliation for my complaints of harassment and retaliation.

I presented the issues formally to the Board, the attorney, the GM, and the former CAM and to blogger David Berman as statements of intent less than two weeks before they acted in concert, without cause, without authority and without due process to strip me of my legal rights and my Board seat and to disenfranchise the 2,001 voters who had put me in office.

While I was on the Board those interminable 116 days (5/1/17-8/24/17), the GM, the former CAM, the attorney, David Berman and 5 of the 7 directors acted in concert to marginalize me from day 1. (Art Lindberg should get a pass since he was the only one who asked the right questions. The attorney lied to him too., and the pressure to conform was very, very strong.)

They made my life miserable, shunning, lying, berating me, denigrating my contributions, making false accusations, publishing false and defamatory statements, and making it impossible for me to be an effective homeowner advocate as a member of the Board.

They only came up with the convoluted ruse that I had put matters before the Board from which I could make a profit because, even relying on Adam Clarkson’s tortured reading of the law, they couldn’t say they were getting rid of me because I was an outspoken pain in the ass.

Execution was a complete non sequitur

The 8/24/17 letter which constituted my walking papers, signed by Adam Clarkson, was the totally unlawful and unethical response to my notice of intent to file a Form 530 Intervention Affidavit alleging harassment and retaliation.

Before that letter came out of the blue, there were many disputes between me and five of the other Directors, the attorney, the GM and former CAM, most of which you will recognize. I was transparent and vocal as possible as I sounded the alarm on deferred attention to owners’ concerns.

It’s pretty obvious why I had to go

And it was not because I did, or even could, profit from being on the Board.
My profit = ZERO

Did I mention I never made a dime off SCA before, during or after my Board service?

How much did the attorney make for creating the ruse that I did?

Attorneys’ profit for 2017 = $300,000+

2017 legal fees for “Director Issues”  = $40,000
January 2018 legal fees = $38,000

but they won’t admit how much of that was to unlawfully block owners knowing how much the GM’s salary was bumped up in 2018

Deny. Deny. Deny.

Accept no responsibility for ANY problems.
Then attack your accuser.
And kill her.
Sample of the problems I publicly said needed correction
  • No restaurant -Failing to comply with the CC&Rs and good business practices about the restaurant space study, letting only a couple of directors work on it, refusing to use an independent expert, too cozy with one bidder
  • Owner oversight committees – Refusing to allow appropriate owner oversight in areas where going to self-managed and changing legal counsel and debt collectors caused a high level of risk – personnel, compensation, legal services, insurance, investments; getting rid of the Golf Course Liaison Committee, the Communications Committee, and decimating Property & Grounds, making the GM the Board liaison to Pinnacle and other groups
  • Board agendas – Refusing to put my items on the Board’s open or executive session agenda as required by law, by Board policy equal to other directors
  • Secret meetings -meeting in secret without giving me or other owners the rights guaranteed by law or confining executive sessions to the four permissible topics
  • Excessive executive compensation – Refusing to conform to the law for access to data, to evaluate according to professional standards, or to fairly consider evidence to rebut the appropriateness of those salary levels; giving Tom Nissen excessive authority in this area and blocking me totally from it despite our differences in expertise or the appropriateness of substituting the judgment of ANY one director for the judgment of the Board; spending thousands on using the attorney to hide what her actual compensation is from the owners.
  • No GM performance standards – Not holding the GM accountable for meeting measurable, publicly-adopted performance standards
  • No management agreement – Violating SCA bylaws and failing to protect SCA by having no management agreement or even any written terms & conditions of employment. Although the GM is an AT-WILL EMPLOYEE, allowing her to usurp additional privilege to the detriment of SCA.
  • Unfair complaint process – Going beyond NOT having a customer-service rating system to aggressively attacking the 800+ owners who signed petitions and refusing to answer any of their complaints on their merits
  • Evicting FAS – The process for evicting the Foundation Assisting Seniors was flawed. They ordered me out of executive sessions. They did not act in the best interests of the homeowners. The GM was not held accountable for the failure. Civil action without required owner vote.
  • Debt collection process – Failing to do proper due diligence on debt collectors; refusing to evaluate the expensive, inhumane cost of collection for a more ocst-effective solution
  • Ill-advised recusal demand – Overreaching demand for me to recuse myself on ANY collection matter because SCA’s attorney/debt collector alleges there might be an “appearance of a conflict” for me, however remote, while ignoring the current attorney/debt collector’s obvious actual financial conflict and the fact that the last debt collector filed for chapter 7 bankruptcy without telling SCA and continued doing foreclosures by morphing into another LLC.
  • Bullying -On at least three occasions in executive sessions, using bullying, shunning, intimidation, threats and other demeaning and belittling marginalization tactics to try to make me conform with nonexistent policies or legal requirements
  • Failure to investigate – When problems are brought up, they are dismissed out of hand without conducting, or allowing, investigation on the merits
  • Inaccurate official records -Causing, or allowing the official SCA records to be corrupted and/or error-prone ALWAYS against the interests of homeowners and usually to protect individual members of the Board or management
  • Concealing SCA records from me alone, i.e., giving me incomplete executive session Board books, refusing to respond to ANY records requests
  • Abdication – Allowing the GM to use the association attorney as her personal attorney in violation of NRS and SCA bylaws
  • Election interference – Allowing the Board president, the GM, the CAM, David Berman, and the association attorney to interfere with the recall election process and to UNLAWFULLY COST OWNERS $90,000 BY STRIPPING THE VOLUNTEER ELECTION COMMITTEE OF THEIR CHARTER DUTIES to pay a CPA to do the EC’s job poorly.
  • Undue influence allowed – As it served the interests of the Board majority and management, David Berman, spokesperson for OSCAR, was allowed to have greater access to recall election information than I received as a director; he was allowed undue level of influence over the Election Committee to cut me out in retaliation for my attempting to protect the rights of the petitioners, including falsely accusing me what he himself was guilty of;  misrepresenting himself as an attorney; falsely accusing me of releasing “personal director correspondence” further defaming me by creating the false impression that I had released a legally privileged documents (absolutely not!)
  • Sanctions without notice or due process -Having meetings to sanction me without notice and to enforce policies that don’t exist
  • Unlawful orders issued by the attorney against me, e.g., cease & desist from representing myself as a director, or asking questions that I was not “authorized” to ask particularly regarding personnel and GM compensation
  • GM’s frivolous litigation threats – Allowing the GM to threaten to sue SCA for damages and to threaten me with personal liability; refusing to indemnify me as a director; falsely claiming I had violated my fiduciary duty without any evidence, a hearing or a finding
  • Misinterpretation of “employer liability” – Allowing the attorney to represent the interests of the GM over those of the homeowners. Accusing me of violating my fiduciary duty because I criticized the GM’s performance and because I requested a salary verification from her prior employer.
  • Abdication to attorney acting in the GM’s or his own interest -Telling me that the attorney had the authority to declare that I, as one of the seven directors, could be excluded from the right to vote on, or even know about, matters under the Board’s decision-making authority, unless he approved it (which in most cases, he has never approved to this day).
  • Abuse of privilege -Allowing the attorney to declare ANYTHING to be “attorney-client privileged” regardless of the lack of its meeting the legal definition of privilege in NRS 49 or NRS 116.31085.
  • Falsification of litigation reports -Allowing the attorneys to publish false statements in the litigation reports to increase the appearance of a conflict or to defame me and refusing to correct after evidence was provided.

It’s pretty obvious why I had to go

January 25 BOD meeting wrapup

Nothing that I think is really important to tell residents about what happened at the January Board meeting is included in the meeting summary on SCA’s official website www.sca-hoa.org:

Here’s what I think owners might want to know:

Restaurant space decision delayed again

Here’s what appeared in the Board book:

There was a 17-minute verbal report explaining why the GM won’t have until April the recommendation (due last December) on whether to have a restaurant or not. She did not mention that it’s been closed during her entire tenure despite the fact that SCA CC&Rs require:

The GM, working with two Board members, analyzed past failures, legal issues and input from two workshops.

1/8/18 Issued an RFP to 9 potential bidders for restaurant

  • It is unknown who the potential bidders were or how they were selected
  • Gaming is still under consideration to subsidize a restaurant.
  • She held a bidders’ conference to see what were “operator expectations”
  • The RFP is not available for review by owners, but is promised for the February meeting
  • Bidders had until February 2 to put in a proposal.
Alternative use of space is being studied simultaneously

“If it can’t be restaurant, what can it be, given there is almost an insurmountable vote. If the board repurposes, then if 10% object then 50%+1 has to vote to make change.”

Forrest Quinn is focusing on construction and engineering and met with an architect, and he commented that the kitchen is disproportionately large:

  • The kitchen is 4300 square feet and the restaurant is 3300 square feet
  • With only 162 seats, probably a 700-square-foot kitchen is needed

The GM repeated several times how difficult it is because it is so emotional and important not to make a mistake. No matter what decision is made, there will be costs.

Tom Nissen, who is working on the restaurant part of the analysis, commented–

“What we’re trying to do is take a disciplined approach of the pros and cons to having a restaurant. Maybe there will be a subsidy, it’ll depend on what the responders say.”

My concerns were stated (and ignored) earlier:

“Our past failures have been due in substantial part by the the inability of Board members and management to allow an equitable arms-length selection and leasing process to be conducted by an experienced, independent broker who specializes in restaurants, bars, and gaming. Neither the GM, the Board or any individual Board member, regardless of their expertise and experience,  would be as effective in handling the selection process as a neutral expert would be. It would simply be a poor business decision to insist otherwise.”

I hope they prove me wrong.

Director’s Comments

Art Lundberg highlighted the successful fundraising of the Women’s Club for charities equaling $43,400 in 2017 and $400,000 since 2000.

Important, but not agendized: Future of Revere

Revere is safe from residential development in perpetuity!

Tom Nissen reported that because golf courses around the country have been converted to other uses, such as residential development, three directors visited City of Henderson officials and Revere management to determine if Revere was at risk of being plowed under for alternative use. The news from both fronts is good.

  • Revere has no plans to close as their business is good.
  • Zoning is currently PS (Public and Semi-public), and the City would make a zoning change difficult.
  • The best news is that a document, “Operating & Maintenance Instructions”, is on file with the City of Henderson, that limits future use and has a permanent restriction: “Residential development on the property of any type is prohibited.”

As an owner who lives on the golf course, I am thrilled that these directors took the initiative to research this concern. When Legacy Golf Club was threatened with permanent closure for residential development, an owner there told me her property value dropped $60,000 overnight.

My only concern is that this was done on their own initiative, and it was not handled by the SCA-Revere Golf Course Liaison Committee which  was abolished when we went to self-management. The GM felt that the only golf course issues were management-related and so the GM herself would be a more effective liaison than homeowners. I think that decision should be re-visited.

Board-Work Group report on Communications

Board Work Group (Aletta Waterhouse and Jim Coleman) are totally committed to the project of improving Board-owners communications,  and yet, they do not seem to see the irony that their little committee does not include any owners.

They reported that they will hold two workshops:

February 6 @ 11 AM to discuss their plans for improving communications and getting owner feedback

February 23 @ 1-2:30 PM to discuss:

  • The role of NRED and the Office of the Ombudsman
  • How the Community service Group plans to deal with durable medical equipment
  • Tom Nissen will give his presentation on self-management

GM’s Report

In another mis-step when it comes to truly effective communications, the GM’s report mentioned that a new website will be online by March. It is unknown if any owners had any input into the design. Probably not as I think the Owner Communication Committee was disbanded as not being needed under self-management.

Disappointingly, and contrary to the lip service being paid to transparency, the website will still require a password. Too bad when Tom Nissan was looking at self-management, he didn’t look at Sun City Summerlin’s website which does not require a password, and it has been self-managed since 1997.

Proposed Tow Policy was a big surprise

Continuing on the theory that telling owners what is being done to them after the fact is a form of transparency, the Board sprung on owners a surprise, fully-developed set of proposed parking prohibitions.

Fortunately, the Board tabled the whole proposed towing policy after many owners objected to being surprised by the proposal to prohibit ALL on-street parking in Pinnacle without consulting those most impacted and without offering an alternative solution.

ALL on-street parking in Pinnacle Village to be prohibited?

The proposed towing policy section 5 uniquely impacts Pinnacle Village because it is gated and so the streets are Association property and not controlled by the City of Henderson:

On-Street Parking Is Prohibited Within the Gated Neighborhood of the Association Commonly Referred to as “Pinnacle” or “Pinnacle Village”[NRS 116.31031, 116.3102, NRS 116.31065; CC&Rs §§ 3.3(a), 3.6(m), 7.4; Bylaws § § 3 .1 7, 3 .18( f)]: Unless otherwise excepted by the express written authorization of the Association’s Board of Directors, on-street parking is prohibited within the gated neighborhood of the Association commonly referred to as “Pinnacle” or “Pinnacle Village”.

The Board tried to soft peddle it by saying that enforcement was not going to be “proactive”.  Rex even asked, after an hour of complaints, if it would be enough if the Board rendered the policy “inoperable”. It wasn’t.

Here’s the gist of what the speakers complained about:

  • No notice – just found out a few days before.
  • Shocked, thought it was fake news.
  • Taking away something that was a benefit when we bought in is awful, but even worse, there is no parking alternative proposed.
  • Why would anyone move into Pinnacle if there is no parking?
  • Why wasn’t the Pinnacle Neighborhood Advisory Committee involved, or preferably given the lead, to come up with a solution to the problem, if a problem even actually exists?
  • This is a lawyer’s dream. If you have a written policy you don’t enforce, then it is litigation for differential treatment the first time you do.

The proposed parking prohibition in Pinnacle dominated the discussion, but also mentioned was the negative impact on people with RVs. There is also a proposed prohibition of parking in ANY center’s parking lot – Anthem, Independence, and Liberty Centers – ANY night from midnight to 5 AM, but it not really discussed. It wasn’t clear what “not proactive” enforcement would mean.

President’s Report

Per usual, Rex Weddle reported out of the morning’s executive session multiple discussions and actions that had no relationship whatsoever to the agenda published for that meeting:

Here is Rex’s version of telling owners what they need to know about what the Board privately discussed:

  • The Board heard an architectural appeal.
  • The Board discussed its proposed response to an unspecified NRED complaint.
  • There was a legal update, and they discussed taking action on some unnamed cases.
  • A legal opinion was provided on something also without a name.
  • The GM’s performance objectives were discussed again, and again no mention was made of whether or not she received a bonus, and if so, for what.
  • A pending legal settlement was discussed.
  • An ADA accommodation request was heard.
  • An unspecified NRED complaint related to the Foundation Assisting Seniors was “dismissed as baseless”.

Rex didn’t mention the collection status report which was actually on the agenda nor did he explain why that report is not made in open session as required by our bylaws:

 

Proposed Publication Policy

This policy was not discussed, but it bears looking at before it comes up at the next Board meeting on February 22 @ 5:30 PM.

To me, it is ghastly, and a stunning example of why the over-reliance on attorneys is detrimental to our happy lives.

I bet this proposal is an over-reaction to the complaints filed when the GM refused to provide equal time to proponents of the recall. The proposed policy gives tons of power to the GM to refuse equal time to opposing viewpoints and to prevent a dissenting opinion from being published without providing “clear and convincing” evidence that their opinion is not defamatory.

Then, to add insult to injury, after official publications are inaccessible to the requester, merely asking to be heard is considered a violation of the CC&Rs worthy of a penalty.

How much money we waste on attorneys to come up with this crap is a topic for another day.

Evicted FAS has new home near Sun City Anthem

 Foundation Assisting Seniors
2518 Anthem Village Dr., # 102
(725) 244-4200
FoundationAssistingSeniors.org

HENDERSON, Nev. — Established in 2002, the Foundation Assisting Seniors is proud to announce its new location at 2518 Anthem Village Dr., Ste. 102, in Henderson, Nev. The Foundation provides essential programs and services including light home maintenance and durable medical equipment, as well as the HowRU™ program and the Medication Reminder program at no cost.

“We are thrilled to announce our new location to better serve the ever-expanding senior community,” said Carol Chapman, vice president of the Foundation Assisting Seniors. “At this new location, we are able to assist those who rely on our organization for a variety of needs and services.”

Seniors and their loved ones are encouraged to set an appointment prior to visiting the new location. Appointments can be made by contacting The Foundation.

The Foundation Assisting Seniors enters its 16th year with a mission to assist the senior community, at no cost, in times of illness, recovery, confinement at home, coping with loss of a loved one, and other senior challenges, as well as to provide assistance with everyday tasks such as household maintenance and transportation.

For more information, please call (725) 244-4200 or visit FoundationAssistingSeniors.org.