My daunting experience from 2017 until now strongly attests to the fact that Community Association Institute (CAI) lobbyists – attorneys representing HOAs, HOA debt collectors, and HOA managers – already wield excessive power for their own self-interest. This negatively impacts both the HOAs and the homeowners, to whom they owe a fiduciary duty.
My 8/16/17 notice of intent to complain vs. Sun City Anthem attorney Adam Clarkson was on the 8/24/17 A.M. closed session Board agenda.
My 8/14/17 notice of intent to complain vs. Clarkson alleged bullying, abuse of privilege, concealing records, misrepresentations and conflicts of interest.
My 8/11/17 notice of intent to complain vs. Sun City Anthem general manager Sandy Seddon and community association manager Lori Martin, also on the 8/24/17 morning closed Board agenda, has never been investigated or resolved by NRED.
Clarkson refused to let me put the notice of intent on the agenda on in the Board book despite the requirements of NRS 116.31087
I had another notice of intent to file NRED complaints against Clarkson, the managers, and the other Boardmembers, but Clarkson would not let it be placed in the Board book. Link to PDF 8/10/17 notice of intent to file the Form 530 re harassment and retaliation shown below.
I prepared an 8/24/17, 2-page settlement offer to replace the 8/10/17 notice of intent, but that was unilaterally rejected by Clarkson without me being allowed to place it in the Boardbook.
This controlling what goes into the official record so the facts are misrepresented is a critical part of the problem.
In my professional life, I administered a local government civil service system for about 8,000 FTEs. There is no way the records under my control were ever mishandled the way I have observed that Adam Clarkson and Sandy Seddon have manipulated, concealed and even falsified the records at Sun City Anthem.
Clarkson retaliated against me by falsely accusing me of profiting from my elected Board seat and declaring absurdly that my seat was “vacant by opertion of law”
Clarkson changed the election procedures so he can “vet” candidates for the Board. He has sent me a rejection letter every year.
Each year there are progressively more outrageous reasons for declaring that I am ineligible to run for or serve on the HOA Board.
Here are the links to Clarkson’s annual “notices of ineligibility”:
- 2023 Notice of Ineliegibility to run for or serve on the SCA Board
- 2022 Notice of Ineligibility to run for or serve on the SCA Board
- 2021 Notice of Ineligibility to run for or serve on the SCA Board
- 2020 Notice of Ineligibility to run for or serve on the SCA Board
- 2019 Notice of Ineligibility to run for or serve on the SCA Board
- 2018 Notice of Ineligibility to run for or serve on the SCA Board
On 12/19/22 I filed a motion for an order to show cause why written findings of attorney misconduct should not be forwarded to the State Bar
Link to PDF of the filed motion for an order to show cause
The complaint against the SCA attorneys was verified and fully supported by evidence as shown in the exhibits linked below:
| 32 | 4604 – 4733 22-08195 | 3/6/22 BAR COMPLAINT VS. DAVID OCHOA EXHIBITS A-D |
| 33 33.1 33.2 | 4734 – 4847 22-08196 22-08198 | BAR COMPLAINT VS. OCHOA EXHIBITS E, E-1, E-2, 3-3 AND F |
| 34 | 4848 – 5046 22-08199 | BAR COMPLAINT VS. OCHOA EXHIBITS G, G-1, G-2, G-3, G-4, G-5, H, ONLINE COMPLAINT RECEIPT |
The exhibits show that the attorneys produced falsified documents to the court when there was no benefit to the HOA to do so, but did it to cover up the wrongdoing of the former agents.
EXHIBIT A Obstructed settlement mandated by CC&Rs XVI
EXHIBIT B Obstructed litigation and appeal
EXHIBIT C Misrepresented and suppressed evidence
EXHIBIT D Concealed HOA Official Records
EXHIBIT E Disclosed false and falsified records
EXHIBIT E-1 Disputed facts in Red Rock foreclosure files Ochoa disclosed as SCA 176-643
EXHIBIT E-2 Examples of false evidence
EXHIBIT E-3 Red Rock foreclosure file…d and disclosed as SCA 176-643
EXHIBIT F Filed non-meritorious claims
EXHIBIT G Concealed that there were no HOA Board authorizations of any foreclosure in meetings complaint with NRS 116.31083 and NRS 116.31085
EXHIBIT G-1 Legal limits on closed HOA Board meetings were concealed or misrepresented
EXHIBIT G-2 SCA Board did not comply with HOA meeting laws
EXHIBIT G-3 SCA Board secretly sold a dozen houses in 2014
EXHIBIT G-4 SCA Board did not properly authorize any foreclosures by Red Rock Financial Services or any other debt collector
EXHIBIT G-5 No valid HOA Board action authorized the sale and so the action is voidable
EXHIBIT H More disputed facts in meritless MSJ and order entered on 4/18/19
EXHIBIT H-1 Analysis of similarities with a Spanish Trail case shows that this case is not a one off; it is part of a corrupt pattern and practice where HOA attorneys aid and abet corrupt co-conspirators steal HOA homeowners’ property without notice or due process and allow banks to collect on debts they are not owed and debt collectors to refuse to distribute the excess proceeds from the sales in the manner proscribed by law.
Link to 12/19/22 Request For Judicial Notice of 481-page verified, evidence-backed, uninvestigated (pending court order) complaint to the State Bar and 78-page draft civil complaint requesting a court order for written findings of attorney misconduct.
The separate civil action (Link to separate PDF) will be necessary because the A-21-828840-C court chose not to issue a court order for the Sun City Anthem attorneys to show cause why written findings should not be forwarded to the State Bar for investigation).
This will ultimately be a huge waste of judicial resources because separate complaints will have to be filed against attorneys for Red Rock, for the the real estste speculators and for the banks as they all perpetrated fraud on the court for their own unjust profut, but their crimes were quite different.
This resulted in me unfairly, without just cause, being declared a vexatious litigant at an improper, unnoticed, ex parte 2/2/23 hearing I learned of two weeks after the fact.
On 3/28/23, a restrictive order was entered against me without notice or a chance to oppose.
Link to PDF of 3/28/23 order filed without notice or opposition
I have tried unsuccessfully repeatedly for the last few weeks to get my opposition attached to the outrageously-inaccurate order so it is at least accurate enough for appeal.
No response has come from the court for five days.
HOA attorneys and managers fail in their fiduciary duty to the HOA, and the courts are not holding them to any standard.
HOA attorneys and managers are by law fiduciaries to the HOA that employs them. However, they routinely act in their own self-interest rather than solely and exclusively in the interest of the HOA.
The HOA homeowners are the intentional third-party beneficiaries of the CC&Rs contract in that the HOA exists for the purpose of maintaining the common areas, the community lifestyle and the property values of for the common good of the HOA membership at large.
The attorney and the manager are agents. They have no authority over the Board. Anything they assert over the Board is usurped, and that is the problem.
SB 417 will exacerbate the problem of attorneys and other agents enriching themselves by improper control over HOA Boards
My experience shows HOA attorneys lie with impunity to the courts now. The State Bar Assosication does not enforce the ethical codes of conduct. The Nevada Supreme Court thinks that’s okay, and it’s not its job either. The judges let the attorneys write orders that misrepresent the facts, the evidence and the law. The people of Nevada are simply stuck with a dysfunctional court system,
If SB 417 is approved, Nevadans in HOAs will witness NRED continuing to appease CAI lobbyists, while inadequately addressing the concerns of HOA homeowners in need of a channel to resolve their grievances.
Adam Clarkson has had the Ombudsman in his pocket for years.
…Or else, how has he kept all SCA homeowner complaints from being heard by the Commission for Common Interest Communities for the last six years?
After all, it has been enough for the past six years for the NRED to not investigate my complaints and the Ombudsman not to refer them to the Commission SOLELY because Adam Clarkson, the Community Association Institute lobbyist and Sun City Anthem’s debt collector and attorney, says I’m are just a “bad person” and not the kind that should be allowed to serve on the Board of Directors because I complained about things like how much over market the manager is paid?
Whose interests are being served?
What about NRED not investigating the “loss” of two pages of 22 signatures from the recall petition for Bob Burch? It is patently ridiculous to claim that attending the vote count was adequate when the issue was that he wasn’t on the ballot because two pages were “lost”.
Link to PDF of the complaint
Showing up for the vote count for the other three with three attorneys from Clarkson’s office (that the homeowners paid) was the Ombudsman’s way of closing the case without investigation.
Link to unanswered 9/2/17 NRED Form 514a
Link to my unanswered 1/31/18 Affidavit regarding Clarkson’s denial of records request related to Sandy Seddon’s salary that I filed with Investigator Christina Pitch who was assigned to investigate three NRED Form 530s.
If SB 417 is passed, it will be legal for Clarkson to deny a request for informstion about why the manager is paid more than $100,000/year more than her job is valued, and it will be legal for him a continue to write contracts for her that do not contain the provisins required by lawfor community association management contracts, and it will be legal for him to keep the contracts that the puppet Board members aopt in closed session secret from the members, and it will be legal for NRED to refuse to investigate it. But then, the homeowner can be stigmatized and threatened with high-cost litigation for even asking.
9/7/17 NRED Form IA 530 re Election Interference with the Recall election was resolved by NRED’s very thoughtful 8/8/18 letter below.
9/7/17 NRED Form IA 530 re unlawful removal from elected Board seat by Clarkson’s declaring my elected seat on the Board vacant “by operation of law” rather than by the mandatory NRS 116.31036 removal election was resolved by NRED’s very thoughtful 8/8/18 letter below.
9/7/17 NRED Form IA 530 re Harassment, Retaliation Clarkson’s spearheading bullying, retaliation, and harassment was resolved by NRED’s very thoughtful 8/8/18 letter below.
8/8/18 NRED’s dismissal of the three Form 530s without prejudice, ignoring the Form 530 and ignoring Clarkson’s obstruction of the legitimate access to information about employee salaries. Link to 8/8/18 NRED letter PDF.
