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.

New SCA Board – New chance to get it right

Congratulations to the newly-elected members of the Board:

  • Candace Karrow,

  • Jim Coleman,

  • Gary Lee.

Check below for why no congrats for Bob Burch

A message from Gary Lee

Nona …. I want to take this opportunity to thank any of your readers who voted for me in this election.

I recognize the fact that I do not have any “direct” experience on any of SCA’s committees or volunteer programs but … I do bring to the board an extensive background in the management of facilities, construction, budgeting, finance and human resources – all of which are basic to the operations of the SCA.

I promise to bring an element of “common sense” to the board and a diligent effort in exploring facts and conditions prior to voting on any subject.

I would welcome the thoughts and opinions of any of your readers. I will be open to receiving any input and I will certainly consider them in my decision making.                       -Gary Lee

All directors get an equal vote

I personally have great hope that Gary’s significant management experience will be treated with respect  as mine was not.

The restaurant negotiation

Will Gary’s substantial restaurant experience be used for the benefit of the membership to protect SCA from giving away the store in negotiating with the probably pre-selected vendor?

Or is Rex’s death grip on consolidating power so strong that his expertise will be rejected in favor of Tom Nissen and Forrest Quinn who have no restaurant or negotiation experience that is specifically on point as Gary’s is?

SCA experience is required only for some

Rex Weddle and Bob Burch, in particular, proffered the pretext that my not having been on SCA committees was sufficient justification to refuse to treat as an equal member of the Board.

Keep your eyes open, new directors!

The new Board members need to guard against the incumbents claiming to possess special authority over them. Or that the Board is allowed to have secret meetings on topics other than the four permissible topics in NRS 116.31085 and SCA bylaws 3.15A.

Abdicating and usurping must stop

There is a surprising willingness for the GM and the attorney to play favorites and play fast and loose with the rules so that decisions that are supposed to be made by the Board in open session, informed by professional managerial and legal advice, somehow get made by who know who and who knows when.

Be careful, it is very easy to get sucked in.

Which brings me to why no congrats to Bob Burch

I am having trouble congratulating the fourth person elected, Bob Burch, because ongoing NRED complaints against him have not been adjudicated since being filed over eight months ago. These complaints include serious charges:

  • interference with the recall election
  • harassment and retaliation
  • abuse of authority
  • concealing SCA documents from members, including a director
  • taking action by secret votes against owners without cause or due process
  • acting for reasons of self-interest or revenge
  • failing to disclose a potential conflict of interest and then repeatedly voting on the issue
  • and more violations of owners’ legally protected rights

Never heard about these charges?

Voters probably didn’t hear about these open complaints because they were concealed.

Unfairly, “on the advice of counsel” and on owners’ dime, the Board and the GM purposefully concealed  complaints against them, and the attorney from the membership.

They refused to place the complaints on an open Board meeting agenda as required by NRS 116.31187.

Board Policy Manual 6.1 was disregarded when they would not allow me, as an elected director, to discuss these violations in any open Board meeting.

They would not fairly even allow the complaints to be investigated or be fairly debated executive session.

When I tried to get the Board act lawfully, the Board’s official response was to kick me off the Board without notice or appeal.

Good luck to the new people.

Have you no sense of decency, David Berman?

Click on photo for 15 second video. “Have you no sense of decency, Sir?”

The frustrated sentiments of the Army Chief Counsel, Joseph Welch, speaking to Senator McCarthy in 1954  (15-second video above) resonate with me as they speak of a man who has simply gone too far.

I want to express these same feelings to David Berman. I want him to stop his unwarranted and unprovoked attacks against me, and against any other SCA owners, whose only sin has been having the temerity to tell him that he is wrong and that his vitriol is damaging more than to his targeted victims. It is  detrimental to the health and peace of mind of the entire community.

“Until this moment, Senator, I think I never really gauged your cruelty or your recklessness. … Let us not assassinate this lad further, Senator. You have done enough. Have you no sense of decency, Sir. At long last, have you left no sense of decency?”

Apparently, David also lacks a sense of irony

“When certain folks in our community decide to turn someone they don’t like into a villain, it appears there is no limit to the tactics they will employ to denigrate their targets, even when the “documentation” they disseminate to make their points is demonstrably and provably false.” – David Berman

Projection: Clinical term for “Pot calling the kettle black”

David Berman may be utterly lacking in self-awareness. Or he may believe his own press so much that he doesn’t see anything wrong with the way he treated me over months of totally undeserved attacks he made against me as a Board member which led up to my 8/12/17 notice of intent to take formal action to try to get him to stop.

David Berman lies = false narrative. Who benefits?

The conclusion of my complaint below shows my frustration at being one more in a long line of owners who have been cruelly victimized by David Berman instead of simply being thanked for volunteering to share my expertise.

As this was written two weeks before I was kicked off the Board, I still thought I could accomplish my three stated goals in a two-year term.

Click on photo for 12-page 8/12/17 notice of intent, written 2 weeks before my complaints of their inexcusable harassment and defamation got me kicked off the Board in retaliation of my calling in the authorities.

Please, in the name of all that is holy, just stop

Apparently, just asking David Berman to stop maligning my character was too much to ask.

So, why didn’t I go forward with this complaint?

  • My goal, as you can see in the proposed remedy section, was to get him to stop badgering me and let me be an effective homeowner advocate on the Board. I just wanted him to acknowledge what he was doing was destructive, and then, just not do it.
  • I also wanted to protect the rights of the owners to lawfully collect signatures or sign petitions; and I wanted him to stop his backdoor tricks as OSCAR spokesperson that was interfering with the neutrality of the Election Committee and the recall election.
  • Two-weeks later, I was dumped off the Board, and gratuitously, at the same meeting, formally removed as Election Committee liaison thanks to David Berman’s reframing me into his image. You can see in the email (below) he wrote on 7/22/17 defamed me and empowered the Board to take unjustified and unlawful actions against me. Obviously, since then, I’ve had  had other fish to fry since then.
  • The Ombudsman does not have jurisdiction over complaints of harassment or defamation. These would have to become civil actions for a court to rule on. Just what I need – more attorneys fees to rectify the damages done to me for volunteering. What a fine thank you for my service.

Projection, vilification & no limits to dirty tricks

David Berman sent the defamatory email below to the Board, but this email is the basis for the Election Committee developing the false belief that I had not only released confidential information, but that meant I was a bad person who could not be trusted. David Berman makes false statements about me, maligns my character, but gets away with it. He has quite a hold on the people in power to a level that I consider to be undue influence.

This horrible, hateful email very effectively painted me as an evil person who deserves bad treatment. David Berman has manipulated those in power to encourage them to gang up on me as he has done to others, and in this email he also continues his decade-long use of Bob Frank as an object lesson.

David Berman stirred up the trouble by conjuring up a new evil persona for me out of whole cloth, and then gave the Board and the Election Committee the permission to shun me and treat me like a pariah.

Character assassination by one lacking in character is galling

This is a very big deal to me to have my character maligned in this cruel, insulting and totally abusive manner. I spent a career in public and non-profit service, including administering a civil service system and controlling  personnel, discipline, medical and disability records for the workforce of the 10th largest city in the country.

I was NEVER accused of mishandling confidential information or of violating my fiduciary duty. My trustworthiness and ethics were NEVER questioned.

On the other hand, David Berman has been disciplined for violating his fiduciary duty to his client and forged a judge’s signature to cover it up. If a client had done that, the client would probably have been criminally charged and jailed, but attorneys tend to be reluctant to mete out strong discipline to one of their own.

David Berman’s law license was suspended for a year in 1991, and then he surrendered it. He cannot legally portray himself as an attorney. Yet, many people treat him with deference believing that he is one.

With a disingenuous sleight of hand, he is still able to manipulate people into believing that they should respect his word despite his history of unethical conduct.

It’s even more galling that, at the same time, he uses his considerable skills at palace intrigue to persuade a good chunk of people that they should not trust the word of a woman with a life-long, spotless record of competent and ethical community service.

David Berman got other people to stone an innocent woman while he egged them on.

And then he cries like a baby when the woman starts throwing stones back.

Bravado, just like Gary Hart 

David Berman bizarrely just challenged me to produce evidence of his interference in the recall election in exactly the same manner as Gary Hart self-destructed his Presidential bid by challenging the New York Times to “put a tail on him” before he spent the weekend on his boat, Monkey Business, with a woman not his wife.

Wow, David, if you insist. I have a novella worth.

Times up.

 

 

 

 

 

 

 

 

SCA Board election choices are narrowed by design

My granddaughter is six now, but a while ago, she loved knock-knock jokes. Her favorite one was apropos of the SCA Board race.

  • Knock-knock.
  • Who’s there?
  • Broken pencil.
  • Broken pencil who?
  • Never mind. It’s pointless.

And yet, here I am. In Hawaii, but still knocking my head against the wall, trying to keep the SCA Board composition from being so blatantly manipulated.

I know no one will listen. I know that the sides have already been chosen. Lines have been drawn in the sand. Positions are entrenched.

It’s pointless. But I am still just OCD enough to need to put these points on the record – where they are out of reach of those who are distorting or concealing the official record for their own purposes.

Board candidates are disappeared

  • What happened to the two that applied but whose names were not released, but were just gone at the same time I was declared ineligible?
  • Why did Vickie Lisotto drop out?
  • Why didn’t more people apply who have voiced concerns about how self-management is being implemented without owners’ coming first?

Why won’t owners run for the Board:
Fear of facing a recall petition?

Apparently not.

Candidates Bob Burch and Aletta Waterhouse were themselves both subjects of the petitions signed by over 800 owners to remove them from the Board, but they decided to run again for another two-year term.

Amazing that over 800 owners signed petitions over a few Summer weeks to call for an election to remove Aletta Waterhouse and Bob Burch from the Board, but that did not deter them from running again.

Even more amazing. They were seemingly so untouched by the list of grievances in the petitions that they did not even deem those 800 owners’ complaints were worthy of being investigated or, if verified, addressed on their merits.

Not so amazing since they were completely secure in the fully-funded support of the GM and the attorney, they did not see any irony in how six directors voted in secret to remove me from my Board seat when ZERO owners signed a petition to call for my removal.

Did owners decide not to run because they saw what happened to a director that spoke her own mind?

From my perspective, the answer is obvious.

All the stops will be pulled out to protect a director who has closed ranks to march lockstep with the other Stepford directors to parrot the party line.

Step out of line, and you will be threatened. Privately berated and shunned. Publicly humiliated. Then you will be disappeared. No amount of owners’ money is too much to spend to force compliance to the party line. No rule of law. Total hard ball.

Would anyone bet a homeowner advocate could be effective on the SCA Board?

It is not a safe bet.

Not when six of the seven directors apparently can just secretly vote a dissident voice off the island. No trial. No finding. No process. No owner vote. Just goodbye. Can’t run again. Disappeared.

Not when Sun City Anthem has a blogger in Hedda Hopper’s McCarthy-era role to maintain a Black List.

…(to) actively oppose the election of any candidate who was tied to, or supported, the removal campaign.

Ask yourself…who’s spending owners’ money to control who sits on the Board?

Would Sandy Seddon have sicced attorney Adam Clarkson on a director who supported her getting paid double the market and wasn’t questioning her paying the CFO and Facilities Manager salaries that were also double the market rate?

Would President Rex Weddle have turned a blind eye to the GM using the attorney to authorize the expenditure of $90,000 to ensure that the recall election would fail and $40,000 – a combined $130,000 — to ensure that my removal by secret vote would succeed if our positions had been reversed?

Would he had let a dime of owners’ money be spent on the recall election if I, and not he, had been the subject of a recall petition?

How much would he have authorized expending of owners’ money  to pay the attorney to remove him if it were he, and not I, being falsely accused of making a profit from sitting on the Board?

Would attorney Adam Clarkson have assisted the GM to make a bogus threat of litigation against SCA, and a director individually, if they weren’t trying to silence that director who was questioning the legitimacy of both their actions while requesting information needed to make fully informed decisions?

Wouldn’t attorney Adam Clarkson also have profited from disappearing a demanding director to escape accounting for SCA owners’ being forced to expend

  • $300,000+ in 2017 legal fees, triple the budget
  • $38,000 in January 2018 legal fees alone to block 2018 changes to GM compensation
  • $90,000 to conduct the removal election which was solely caused by his and the GM’s decision to disempower the volunteer Election Committee?

 

 

Who will allowed to speak at today’s 2 PM SCA Board candidate forum ?

Who is running and deemed eligible?

10 owners self-nominated for the Board
7  cleared whatever vetting the GM and attorney dreamed up
2  did not pass muster, but will remain unnamed for unknown reasons
1  was declared ineligible in yet-another $325/hour attorney letter.
4 candidates who did not show up on 2/13 were included in the drawing for ballot position
2 of the 4 no shows on 2/13 did not send a rep and did not send regrets
1  candidate (Nona Tobin) showed up on 2/13, but was prohibited from drawing for a ballot position because, of course, she is a monster.

What happened to the other two nameless candidates who were gone in the first round?

The unnecessary secrecy makes me suspect that the GM’s implying that 3 owners were ineligible (deeming anyone ineligible to run is unprecedented) was a sham to cover up how I have been singled out and wrongfully disqualified by the attorney asserting the same false charges used to unlawfully kick me off the Board last August which was done without legal authority, without a requested open hearing and without any appeal or equal time to contradict the defamatory statements they’ve published about me.

Who are the 7 candidates whose names will appear on the ballot?

The candidates are listed  above in the order assigned to them by which lot was drawn for them at the 2/13/18 Election Committee meeting.

Two of the listed candidates – Vickie Lisotto and Cliff Wigen – did not show up for the drawing, Nevertheless, the Election Committee drew ballot positions for them without knowing whether Vickie or Cliff were even still interested in  running. They thought it was the only fair thing to do since they were absent. They apparently didn’t see anything wrong with prohibiting me from drawing a ballot number even though I was present and I had submitted an appeal.

What if there are only five candidates and four openings?

If Vickie and Cliff drop out, or were shills to begin with, and the Board is vindictive and disingenuous enough to insist I am a such a financial threat to SCA that I must be kept out of the race, there will only be five candidates for four seats.

This means that at least one of the two incumbents, Aletta and Bob, will get re-elected, despite the fact that they usurped the rights of the 2,000 owners who voted for me when Aletta and Bob voted to unlawfully kick me off the Board at exactly the same time that they were themselves were the subjects of recall petitions signed by 800+ owners.

Don’t forget that Aletta and Bob voted to spend almost $90,000 of owners’ money to pay a CPA and the attorney to botch the recall election so they could keep their seats and the attorney and the GM could keep their big, fat jobs.

Very convenient for Bob Burch and Aletta Waterhouse who have tried to ruin my reputation by saying that I deserved to be kicked off without any recourse and who personally benefit from knocking me out of the competition.

I guess nobody in power sees a problem with that.

Notes on Incumbents

  • Robert (Bob) Burch has been on the Board one term. He has not been an officer, but he has been instrumental in causing serious deterioration in owner oversight, the personnel and compensation policy areas, has aggressively attacked owners who signed the petitions of no confidence in the GM or who signed petitions to recall four of the directors. He failed to disclose that he has lived across the street from 2763 White Sage, the property that is subject to my quiet title litigation and two other lawsuits.  and he voted to force me to recuse myself from all collection matters even though he voted against me and voted to kick me off the Board over the litigation about that same house. Bob should be questioned about his reasons for refusing to address any of the owners’ concerns listed in the petitions for an election to remove him from the Board.
  • Aletta Waterhouse is Board Secretary and a two-year incumbent who was the subject of a petition and a vote for removal from the Board. She needs to be held accountable for her failure as the Secretary to ensure that the agendas, minutes, and other documents were not corrupted by error, negligence or fraud.
  • Both Bob and Aletta should be questioned and need to be held accountable for their actions as Board members in kicking me off the Board, refusing to respond to any of the concerns owners raised in their petitions, for concealing information that is legally accessible to owners, and for harassing and retaliating against me, for tolerating significant misconduct on the part of the GM is threatening frivolous litigation, using the association attorney as her personal attorney, and for allowing the GM and attorney to expend unbudgeted funds
  • James Coleman was hand-picked last August without any competitive process in violation of SCA bylaws 3.6 to fill my Board seat after the 6 other directors unlawfully kicked me off. Jim was not involved in any of the decisions that led to my being kicked off unlawfully off the Board and did not vote on any of the myriad foolishness the other two incumbents participated in.

December 7 Board meeting wrap up: Part 1

It was my birthday and I had a golf clinic at 3:30, but I dragged myself there and listened to the audio of the part I missed. Spoiler alert – there is no recommendation on the restaurant and the Board does not blame itself for anything wrong: nothing wrong with the transition to self-management; FAS eviction was all Favil West’s fault, and the $85,000 spent so far on the recall was all the fault of the petitioners.

Owner Comments: $10K for medical equipment

Roger Cooper, SCA owner since 1999 commented on item 12g, the Community Service group’s recommendation for “Approval of an expenditure up to $10,000 to purchase durable medical equipment” (to replace what was previously provided by the Foundation Assisting Seniors (FAS).

Accurately assessing that this is a drop in the bucket of the cost of replacing what FAS was providing free, Roger said that this medical equipment request of $10,000 was just the beginning of a bottomless pit.

Emile Girard had a lot to say (loudly) about this item both at the first comment period and when the item came up on the agenda. Emile highly complimented the Board and the CSG for their good works while he stridently blamed Favil West for everything except the weather: Favil didn’t negotiate to stop FAS’ eviction, even sending out a postcard about service interruption was vindictive and revenge.

Emile apologized for his emotional rant, but Rex welcomed his attack on Favil in a way that was a far cry from Rex’ oft-stated policy to stop speakers from making personal comments about other owners. (Rex certainly stopped me cold when an innocuous comment of mine included a unit owner by name.) Emile is certainly entitled to his opinion, but the meeting chair is not entitled to allow personal attacks when he agrees with them and shut owners up if he doesn’t.

Rex even passed along an untrue rumor stating that FAS was moving out of the area, but I am informed by a FAS Board member that FAS has rented a space not too far from Von’s.

Construction Defect Litigation

Construction defect lawsuit on Liberty Center is in mediation. There was one session in November and there will be others until it goes to trial in 2019. (Rex’s comment that SCA has not changed any of our demands disturbed me a little bit as an odd choice of information tidbit to share with the members. It leaves the impression that he personally approaches mediation with a “my way or the highway” attitude which is the antithesis of the good faith needed to achieve a win-win solution.)

Surplus Funds

I don’t even want to get into the issue about surplus funds, but they changed the minimum acceptable equity level from $500,000 to $250,000 as recommended by the Finance Committee. It’s not my issue, but it might be of concern to owners on fixed incomes who would like the Board to refund the excess to owners or reducing the assessments going forward rather than collecting more than is needed for annual operating costs.

Recall Costs

CFO Jim Orlick reported that the costs for the recall through November approximate $85,000, and I would like to report that I consider that expenditure an egregious failure of the Board’s duty of care to the membership.

It is an beyond disingenuous for Rex, the GM and the attorney to pretend that these expenditures were made in the best interest of the membership. They ordered these unbudgeted payments in violation of NRS, SCA bylaws, the Board Policy Manual the SCA Election & Voting Manual and prevented the Election Committee from performing their chartered duties as volunteers. They should be held accountable for it.

Director Comment Period is awash in self-righteous indignation

Bob Burch spoke at length about his opinion of the recall which he said was because of the Foundation, the vendor issue with the Clubs, and poor communication on less visible issues. He said the recall was caused by a “perfect storm”. He offered a semi-apology to the Clubs for not informing them of the insurance and business license changes, which he then negated by saying that vendors should have business licenses and insurance is a real problem for HOAs. He did not seem to see the real issue as being the autocratic change of practices without prior notice or negotiation with those affected.

Bob’s main point about the FAS eviction was that it didn’t have to happen that way, but still, that it was all FAS’ fault because the Board had bent over backward to be fair. Other people see it quite differently. Please see Favil West’s response that I posted on my campaign website last March. Also, a resident’s answer to refute Bob’s claims published on the AnthemToday blog is worth reading to set the record straight.

Bob read some incendiary passages from  blogs, and tried to elicit sympathy from the audience about how beleaguered Board members are being subjected to such horrible, unwarranted abuse by malcontents.  

Bob echoed Rex’ concerns about how tragic all this abuse of Board members was because it meant that there wouldn’t be qualified people applying for the Board. This is failing to see how the Board is pushing good people away.

What they are really saying is that the petitions to recall four Board members constituted abuse. Such abuse would make qualified people not want to run. Maybe, but more importantly, Bob and his cohorts are doing everything they can to get people who don’t agree with them not to run. 

Totally backward. Qualified people don’t want to serve because of the way the Board treats Directors that don’t “go along to get along”. Who wants to serve on a Board where a majority can just kick a political rival off based on unproven allegations? 

I have spoken to three women who would be excellent on the Board, and they all said they wouldn’t run because they didn’t want to be treated the way I was treated.  

“It’s just not worth it. At my age, I don’t want to deal with it.”

“They are a bunch of ‘good ole boys’ who won’t listen to anyone with good ideas.”

“They’re just on a power trip.”

“I haven’t got thick enough skin to take it.”

Bob, you really need to stop whining about all the abuse that you and the other Directors take after what you and your buddies on the Board did to me.

You, the other male Board members and the attorney ambushed me and accused, berated and attacked me for an hour and a half in July 27 executive session and refused to have an open hearing I requested.

It’s that type of bullying of a person who is supposed to be an equal Director is what drives qualified owners away from wanting to serve on the Board.

But then, I guess you guys already figured that out.

 

 

December 7 Board meeting items of interest

The last SCA Board meeting of the year is tomorrow at 1:30 PM. I’d like to point out a few things that you might not notice immediately, but which are important to for owners to know the full story.

Click here for full agenda.          Click here for draft Board Book.

Financial Report for October

Two things mar an otherwise brilliant job of bean counting:

  1. How much are we paying for who to do what?     SCA is now an employer with 80 employees costing $3.5 million -over 40% of operating budget, there should be a clearer accounting of cost of staffing by budget objective. The Board cannot hold the GM properly accountable nor can the owners be protected from such failures as excessive management compensation or featherbedding, if the accounting obfuscates these facts. And, more importantly, the Board is not holding itself properly accountable to the owners by letting the GM hide what SCA employees (particularly managers) are being paid and what they are being paid for.
  2. Since Adam Clarkson became SCA Legal Counsel on May 1, there have been $185,010 expended for legal fees which was 411% 0f the $45,000 budgeted for legal fees over half a year. This is the same attorney
    • who told the Board the GM did not need its authorization to expend SCA funds for unbudgeted purposes.
    • who does SCA’s debt collection function in the least cost-effective and most draconian way available.
    • who, along with the GM, is responsible for additional unnecessary expenses of at least $73,000 for the recall election which were STRONGLY objected to by the proponents of the recall.
    • who is being paid $325/hour to cause or allow the Board to take unlawful actions against political opponents of the GM and certain members of the Board.

 

Election and Voting Manual Revisions

Reviewing policies on voting may be really boring, but it is important to protect homeowner control over who represents us on the Board. There has to be a sound, uniformly administered system in place to prevent ANY election interference from tampering with ballots, abuse of power, or even unfair communications.

The largest HOA board election rigging scandal in Southern Nevada involved primarily attorneys who were supposed to be neutral outsiders who stacked HOA Boards to channel construction defects litigation.  This Election and Voting Manual is intended to ensure that the SCA homeowners actually control who sits on the Board and that those Board members actually work SOLELY for the benefit of the homeowners.

Yet, it doesn’t matter what is in this or any other SCA policy manual if the Board doesn’t follow SCA’s own rules or if it allows the GM and/or the attorney to manipulate the process in favor or against certain owners.

Cherry-picking which laws to follow is a slippery slope

There are several areas where our election process is not in conformity with NRS or the SCA Bylaws. For example, SCA Board does not have a nominating committee as required by SCA bylaws 3.4a below. While there may be good reasons to not want to have such a committee, this is an example of how problematic it is to simply disregard a provision. The bylaws must be uniformly enforced and not simply disregarded. The narrow exception is when the bylaws explicitly conflict with a mandate in a Federal or state law.

Filling Board vacancies after a director is removed.

The final clause of SCA bylaws 3.6. requires a vote by the unit owner to fill a Board vacancy caused by a Board member being removed.

“Upon removal of a director, a successor shall be elected by the Owners entitled to elect the director so removed to fill the vacancy for the remainder of the term of such director.”

The proposed change to the Election Manual, below in green, apparently attempts to justify retroactively how Jim Coleman was appointed, but even the new provision doesn’t allow for an appointment to be made without any notice to owners, any candidate nominations, or the required vote of owners.

Note that there is nothing in either the existing nor the proposed versions of the Election Manual that gives the Board legal cover for what they actually did to remove me nor what they did to replace me nor what they might be contemplating to do in the next election (keep me off the ballot).

  • How they removed me from the Board by simply declaring my position vacant is not authorized in NRS 116, NRS 82, SCA governing documents or any existing or proposed Board policy.
  • By extension, that also means that there is no legal means by which the GM, the Board or the attorney could refuse to allow me to be a candidate for, or to serve on, the Board should I choose to run again.
  • Also, note that this manual includes the NRS provisions which the Board President and GM violated by using the Spirit to publish their one-sided argument regarding the recall without permitting equal time and access to the opposition. Complaints of these violations are currently being investigated by NRED.

These proposed changes don’t describe what the Board actually did nor do they conform to the bylaws. The Board is simply pretending they have the authority to act against laws and policies “upon the advice of Counsel”. We’ll see.

Complaints to the Election Committee are not fairly handled

The Election Committee complaint process is to informal and allows for problems at both ends of the spectrum. On one end of the spectrum, informal complaints may be submitted without evidence or substance which could just waste the committee’s time .

On the other end, there is substantial risk of unequal treatment occurring, or even being merely perceived, if there isn’t a good enough procedure defining accountability, investigation, documentation and notice requirements. It’s sloppy management, and it reduces the community’s trust of the election process. It also allows interference in the independence and neutrality of the Election Committee.

In the proposed draft, there is still no standard format for resolving complaints, no required documentation to be maintained in the official SCA record, and no notice of the disposition formally given to the complainant.

I recommend the process defined in the SCA CC&Rs and utilized by the Covenants Committee would be a good model for the Election Committee to employ to fairly investigate and document complaints regarding Board elections.


Board Communications Task Force

In June, I proposed a resolution to improve Board-owner communications , but couldn’t even get a second to the motion. Now, five months later, nothing has been done to increase transparency or meaningful utilization of owner expertise in governance.

Rex appointed a couple of Directors to be a Board Communications “task force” (with no owner involvement)  and here are their recommendations:

Here’s what should be done immediately:
  1.  Either use SCA-TV to video broadcast Board meetings live or use some service like GoToMeeting.com to make the Board meetings accessible online in real time and interactive.
  2. Take the password off the website.
  3. Make the eblast mailing list opt-out instead of opt-in
  4. Follow the lead of Sun City Summerlin’s new GM in attitude.
  5. Stop using Board work groups that withhold information from owners.
  6. Expand the committee structure to utilize expertise of residents and have meaningful owner oversight and influence in governance.

Item 15B “Self-Management” is listed as New Business to be presented by Tom Nissen rather than the GM. The paragraph above the total back-up in the Board book to let owners know what the Self-Management item is about.

This raises a lot of questions about the Board’s failure to protect homeowners by hiring a GM without ANY of the defined terms and conditions of employment required in a management agreement.

  • Why is a Board member making a presentation on the transition?
  • Why doesn’t the GM whose compensation is $100,000 greater than other GMs at comparable Sun Cities like Summerlin make the presentation?
  • Why hasn’t the GM been held accountable for the development of the complete policy framework needed to protect SCA from legitimate risks and potential liability associated with becoming an employer or
  • Why hasn’t the GM held accountable for AT LEAST having written plans and timetables for getting the job done?
  • How will the Board – let alone the owners  – even know if the job is done right and on time?
  • Why did the Board let the GM unlawfully conceal SCA records on the transition to self-management from one Board member in violation of our bylaws 6.4c when this information should have been easily available to any unit owner?

After the Board meeting, I’ll let you know if any of these questions have been answered. Or if there are just new ones.

I need to correct the record distorted by Rex Weddle

Rex Weddle’s self-serving article “The Attempted Recall” in the December Spirit is a stunning, wrong-headed form of revisionist history. As President, Rex is the only one who can speak for the whole Board and in that role, he gets to speak for the Board in the monthly President’s Report in the Spirit.

In this case, Rex inappropriately, if not unlawfully, used the Spirit as a bully pulpit to try to intimidate his political opponents and to blame them for things that were actually his fault.

If Rex was speaking as an individual, can any individual have a full page of the Spirit to express her opinion about the recall?

Rex began by describing the recall  as “an organized effort” that took five months to gather enough signatures to call for an election.

That’s not what I saw happening. Without any organized group, the recall movement just seemed to spring into existence. It seemed to be an almost organic movement of people whose only commonality seemed to be signing some petitions. Whoever they were, they were exercising their LEGAL right to call for a removal election, and those legal rights to vote are sacrosanct.

I heard owners were signing because of anger about changes for the worse since switching to self-management, like new requirements for the Clubs, the (lack of a) restaurant, the shabby treatment of the Foundation Assisting Seniors, the GM’s pay or her surprising owners with the loss or change of some amenity, such as the group exercise $45 card.

I also understand that the over 800 signatures were collected in less than five weeks over the summer when many of the owners are not even in residence. Such a significant statement of customer dissatisfaction should not be trivialized.

And yet, Rex  purported to be perplexed as to why any owners would even try to recall four members of the Board (including Rex), saying

“NRS 116 makes the recall of executive board members extremely difficult”.

This is correct only insofar as it is a fact that the only LEGAL way to REMOVE a director from the Board is through the legally-defined, arduous process beginning with 10% of the owners calling for a recall election.

Rex seems oblivious to the irony that he violated this very section of NRS 116 when he voted to remove a Director from the Board whom ZERO owners signed a petition to recall.

“Since most of the allegations boiled down to simple a difference of opinion about past decisions made by the Board,…”

Actually, the petitions listed owner complaints and grievances (link is as reported on Anthem Opinions blog, but which were NEVER reported on the SCA website or at Board meeting or in the Spirit) that were not just “a simple difference of opinion”. They were stark differences between right and wrong.

The very first allegation in the petition –  “an unprecedented number of violations of NRS 116 and SCA’s governing documents” – was certainly verifiable had an investigation been conducted and subjected to public scrutiny.

“…there was little evidence to suggest the targeted directors were guilty of any sort of high crimes and misdemeanors that would justify the widespread outrage needed for recall.

Two things:

  • The petitioners were not required to give ANY reason, let alone evidence of guilt of “high crimes and misdemeanors”, to exercise their LEGAL right to call for a removal election and to collect signatures free from harassment. Removal can be with or without cause IF, and only IF, the arduous conditions required by NRS 116 and SCA bylaws are met (10% of owners sign petitions, 35% of ALL owners vote YES, and 50%+1 of those voting vote YES).
  • Neither Rex nor the other three Directors subject to recall nor the Board as a whole did any self-examination geared to  satisfying the customer service concerns of some 800 owners. This is a crime in my book. The Board’s job is to serve ALL the owners. SCA is a monopoly. Dissatisfied owners can’t live here and join another HOA they like better. Homeowners’ only recourse is to vote out Directors who they think are not serving their interests well.

In what world would it be good business to blow off customer service complaints from more than 10% of your customers without any investigation?

“The real reasons behind this expensive failed attempt to recall half the Board are still not clear.”

Let me break it down for you, Rex. There are lots of owners that are dissatisfied with the way they have been treated by you, the Board and by the GM. Many want to change the direction the Association is headed on your watch.

While you acknowledge that there was “widespread outrage”, you don’t see that it is YOUR job to fix the problems, not just say they don’t exist. It is not, under any circumstances, correct for you to blame your customers for not liking your product nor to blame them for the expense of the CPA and attorney you wanted.

It is NOT responsible leadership to claim that the complaints of 800 people are not justified and don’t need to be seriously investigated. Owners are your customers. No matter what your name is, you are not their king.

“Those who worked for it denied being its organizers. To this day the leadership of the group behind the attempted recall has never stepped forward and publicly made itself known.”

Attempting to identify the leaders of the recall movement is an unacceptable form of harassment and threat of retaliation against owners who exercised their only LEGAL means to remove some Directors.

There is already substantial evidence that, if identified, anyone involved in the recall will be subjected to inappropriate abuse by those in power.

I can make this assertion on great personal authority as I have been threatened, harassed or had my character maligned  for, among other things, my defending the LEGAL rights of the petitioners to collect signatures unmolested in the common areas  and for my attempting to prevent election interference

Subjecting ANY owner to abuse for simply exercising their legal rights deserves ZERO tolerance.

For example, it is unconscionable that David Berman, head of OSCAR, has been given the names of the people who signed the petitions and that he has threatened that he would recommend against their serving on the Board for that reason. (Note that no official information about the petitions or the recall was ever formally given to the Board or the owners, and even though  I was a Board member and the liaison to the Election Committee, I learned about the petitions being submitted from David Berman’s blog.)

No wonder dissatisfied owners don’t want to be identified because they are crucified for speaking up. It’s exactly the same reason many sexual harassment victims nationwide were silent for years.

“Because a majority of the Board was targeted for removal, recall proponents argued the Association’s Management and unaffected directors could not be trusted to run a recall process. So the SCA Election Committee was bypassed …”

This is TOTALLY WRONG to extend the complaints against Rex, management and the attorney to the Election Committee. To my knowledge, there was never any request by proponent of a fair removal election process to bypass the Election Committee.

In fact, I personally advised against the GM being involved for her poor judgment, as an example, by including Rex, a subject of the recall, in a meeting with Election Committee officials to develop plans for the recall election.

As the Board Liaison to the Election Committee, all my actions were designed to protect the integrity of the recall election process and to ensure the Election Committee could perform their normal chartered functions without interference.

As the excerpt below from an August 6 email I wrote to the chair of the Election Committee shows that, in my view, the absolutely least desirable action was to bypass the Election Committee.

The horrible waste of over $73,000+ unnecessary expenditure for the attorney and the CPA to muck up the process can be 100% attributable to Rex Weddle. As Board President, Rex is accountable for getting the Board to allow disempowering of the Election Committee (in violation of the bylaws, adopted Board policies and the budget) which in the end made the recall process more expensive, more divisive and less fair.

As a subject of the recall, Rex should also be held accountable for exerting undue influence over the process and taking actions to the detriment of the owners who were exercising their LEGAL rights to call for a vote to remove him.

“Purposeful misstatements, allegations of fraud and assertions of corruption were made, not only against the targeted directors, but the whole Board. Our own SCA Management team and Association counsel were also subject to these attacks. These allegations, without much in the way of factual support,…”

Rex’s treating such serious allegations so dismissively is irresponsible. His claiming the allegations are baseless without allowing any investigation or attempt at remediation is a complete failure of his, and the Board’s, duty of care to the owners.

Part 2 is coming soon.

I will continue rebutting Rex’s article in another blog. The amount of evidence I have to contradict  Rex’s misrepresentations is overwhelming .

 

On the Advice of Counsel is No Defense

After a relaxing couple of weeks in Cabo, I have been immediately hit by how badly SCA homeowners are being treated by our highly compensated and highly self-serving agents.

This first example from the November Spirit demonstrates how our well-meaning volunteers on the Election Committee have been duped into allowing the GM and attorney to violate the integrity of the removal election process at great expense to the membership.

Who gives the association attorney the power to make such decisions?

No one. At least not legally.

NRS 116 does not give an attorney who is advising the Board ANY authority to decide any policy issue.

NRS 116 does not give the attorney ANY authority to advise the Board to violate any provision of Federal, state, or local law or of our governing documents or policies.

NRS 116 does not give the attorney ANY authority to require the Board or the GM or a committee to take it not take any particular action.

Whose authority is it?

The buck stops with the Board, and they can only legally delegate some of their duties, but can’t delegate ANY of the ultimate accountability. The GM is a licensed manager, and she can’t get out of being accountable for the standards of practice listed in the law by getting the attorney to say its okay to break or bend the law.

NRS 116 and SCA governing documents and policies define clear requirements for:

  • contracts must be authorized by the Board in open session,
  • the Board SHALL NOT delegate policy authority over the budget
  • getting bids for contracts
  • how elections are conducted
  • under what circumstances attorney’s opinions are sought BY THE BOARD and for what purpose

None of the legal requirements were followed in this case, just as they are frequently ignored in other cases, for self-serving purposes and not for the benefit of the membership of the association.

I would like to point out that the issue of the Board President Rex Weddle, the GM Sandy Seddon, and the former-CAM Lori Martin taking actions in excess of their legal authority to interfere with the removal election process is the subject of numerous complaints and is currently under investigation by NRED. If their defense is simply that “the lawyer said we could do it”, they better be ready to take their wallets out. I would expect that feeble excuse to fall on deaf ears.

 

 

 

Removal Election Results

Removing a Director LEGALLY is really hard to do

Predictably, the removal election did not succeed despite over 1,200 unit owners voting to remove Rex Weddle, Aletta Waterhouse, and Tom Nissen from the SCA Board. I say it was predictable because the only lawful way to remove a director is to meet ALL the rigorous requirements defined in NRS 116.31036:

  • More than 10% of unit owners must call for a removal election
  • More than 35% of ALL unit owners must vote YES
  • More than 50% of those voting must vote YES

It was even more predictable because GM Sandy Seddon, Board President Rex Weddle, association attorney Adam Clarkson and their accomplice and lobbyist, David Berman, took unfair actions to interfere with the removal election process to protect the incumbents and to make unit owner pay for the legal removal election approximately $40,000-$50,000 unnecessarily.

42 NRED Complaints against SCA

Interestingly, I have been told that the Ombudsman and an investigator were present at the vote counting today. I understand they came to observe the final step in the removal election because there have been 42 complaints filed against SCA for such violations as:

  • removing the volunteer election committee,
  • paying a CPA without a contract to perform the EC’s duties and performing them so badly some people didn’t even know there was a removal election,
  • not counting all of the petitioners’ valid signatures so Bob Burch wasn’t included on the removal ballot,
  • concealing information from unit owners about complaints,
  • retaliating against owners for making complaints,
  • and, last but not least, removing me, an outspoken homeowner advocate, without having the required removal election at all.

Deceptive eblast reports the news

Saying

“In order to RECALL a BOD member, 2,501 Yes votes were required.”

is a thinly veiled way to disguise the FACT that

“In order to REMOVE a BOD member, 2,501 Yes votes were required”

The Board unlawfully ignored this FACT when they removed me without abiding by ANY provision of NRS 116.31036 and without ANY owners petitioning or voting to have me removed or recalled.

That’s a really fast announcement when you consider that the GM NEVER announced that there were petitions going around in June to remove four directors, or that there even was a removal election scheduled, or that there were 836 signatures calling for a vote of no confidence against her submitted in August with a long list of owner complaints about her performance as GM.

Keep those fun facts in mind when you hear very soon whether the Board has given her an excellent performance rating and a $20,000 bonus. Rex Weddle made the off-hand remark at the last Board meeting that they had discussed “GM performance” in executive session, but item 7A lists “GM Compensation” on the public executive session agenda.