Election Committee was inhospitable, angry even. Nevertheless, I persisted

Today’s SCA Election Committee meeting was an important part of the SCA Board election process because it was the official start of the election process where candidates drew lots for their ballot position.
What could it hurt if I drew a lot until the proper authority rules on my eligibility to serve?

Instead of considering the rejection of my candidacy for the Board as final, why not just treat me like any other neighborhood volunteer  – at least until there was one iota of proof that I really was worthy of such vilification?

What happened went I went looking for justice?

I gave the Board and management notice that I was appealing the 2/9/18 Notice of Ineligibility that the Clarkson Law Group had whipped up on SCA owners’ dime to make sure that someone who had the support of at least 2,000 owners was blocked from even being a candidate.

In the prior notice, I asked for them not to use the attorney or security to threaten or humiliate me. They accommodated me only insofar as owners didn’t  pay for an outside agent to ensure that I was relegated to pariah status. But then, they knew full well, they didn’t need to bring in the heavy-weights, the Election Committee – dutifully, sternly, and totally predictably stepped up to take on the enforcer role.

The Officials act official, or was it officious?

Before the meeting, I went to the EC chair, Carol Steibel, and told her that I was appealing the attorney’s decision to deem me ineligible and that I wanted to draw for a ballot number so I could stay on equal footing in the election process until a determination on my eligibility was made by proper authority (NRED).

When I handed her my 2-page appeal, she tossed it aside testily, and said,

“I’ve already read that.”

“How could you have? I just wrote it this morning.” said I.

“Well, I read something else, then. The attorney said you can’t be a candidate, and we have to listen to the attorney.”

When I sat at the table, two members of the committee told me sternly to get away from the table. Only candidates could sit there.

Carol somberly started the meeting by saying that the meeting would not be recorded and that no one was allowed to record it as it was against the law.

The thing about this edict that totally chaps my hide is a major owner protection to allow recordings so, to be ornery I guess, I said I was going to record it. Their reaction was intense. Forrest Quinn joined in saying that he did not authorize recording him.

Bob Burch said he wanted my assurance that I wasn’t going to record it. I said I wasn’t recording it, and he announced to the crowd,

“We’ve had this trouble before”

further solidifying the ‘Us vs. Them Her’ dynamic permeating the room.

Carol very formally read a notice from the attorney about my situation. She would brook no argument. It was FINAL!

  • The Board deemed Nona Tobin’s Board position vacant by law making her ineligible to be on the Board.
  • Nona herself made the charges public.
  • No circumstances have changed that would make her eligible.
  • Clarkson law office was merely asked to inform Nona since the Board’s decision that  was ineligible has not changed.

My, my, my…what an awful person that Nona is! An existential threat.  Carol’s tone made it totally clear that questioning the veracity or authority of the attorney would be considered treason, the concept of “Innocent until proven guilty” totally shrouded by her blind spot.
P.S. None of the above statements from the attorney that Carol reported are true. I’ll be handing the documents over to NRED to prove it as soon as I can.

Carol was so busy genuflecting before Clarkson’s awesomeness that she might have forgotten for the teensyist second that as the Election Committee Chairperson, her primary job is to protect the integrity of the election process, to ensure the election is free from undue interference and to protect ANY owner from being disenfranchised.

Maybe a little training? I suggest training should come from NRED or any competent, independent professional, but absolutely not conducted by Adam Clarkson.

Gary Lee, Board candidate new to the scene, innocently asked for a better explanation why I was dumped, but Carol was adamant that she had said all that needed to be said on the subject, and that he was holding up the very, very important business of the committee.

Tobin appeal to being disqualified as a candidate

Quick note about # 4 above, it should read that in addition to the NRED form 850, I also submitted the disclosure form as edited by the attorneys even though it was not legally-mandated for me to do so.

Tobin Appeal Page 2

Ask Yourself:
Would my actions make sense if I were on the Board to make a profit?

What does my being on the Board have to do with what the court does about the house? The Board doesn’t have anything to say about it.

But, for the sake of argument, let’s say the Board could vote on something related to the outcome of the title fight. If my ulterior motive was to get the Board to vote to quiet title to me instead of the bank, wouldn’t I have tried a different approach?

If I were trying to get a Board vote on litigation I could profit from, wouldn’t I have been smarter to ingratiate myself and “go along to get along”.
  • Wouldn’t I have been foolish to risk the ire of the Board to protect the right of owners to legally sign petitions to call for a vote to remove directors from the Board?
  • Would I have pursued formal complaints to enforcement authorities saying that the attorney and the GM should be fired for causing the Board to act unlawfully?

Ask yourself:
Isn’t it more likely that the same over-compensated GM and attorney, after protecting compliant directors in power from a removal election, just created a convenient ruse to bypass owners’ votes and remove the thorn in their side and block me from coming back?



7 thoughts on “Election Committee was inhospitable, angry even. Nevertheless, I persisted”

  1. I don’t know about you, but if someone kept defaming my character and integrity (whether in person, in writing, or via the internet), I would sue the INDIVIDUAL for libel and defamation of character

    1. You’ve actually hit on one of Clarkson’s big scams. He gives legal cover to the GM and Board President, and they give him a blank check. It is definitely the individuals, but they are hiding behind the shield of their position on the Board. When they attacked me while I was on the Board, the issue was not anything to do with why they kicked me off, it was because they were threatening me with personal liability because the GM threatened to sue SCA if i didn’t stop asking questions about her pay. Why is my having litigation to recover a house that SCA’s former agents sold out from under me without statutorily-required notice disqualifying for me to be a Board member, but the GM can threaten frivolous litigation against SCA and the attorney, paid by SCA represents her while she does it? Clarkson and Rex both said that I would not be provided a legal defense, would not indemnify me, and they would not let me have an open hearing. When I served a notice of intent and said the attorney should be fired for representing the wrong client, and the GM should also be fired for that little prank, Rex not only didn’t make them leave the 8/24 executive session while my complaint against them was on the table. Instead, he made me leave, and when I walked into the 8/24 meeting two hours later, I was handed a letter saying that I was kicked off to BOD, an obvious retaliation for my complaining. The letter stated, among other idiotic claims, that my saying that the Board should fire the attorney, and then separate the legal counsel function from the debt collection function was “putting matters before the board from which (I) stand to make a profit.” Quite the reverse. It’s pretty obvious that the matters i put before the Board all along were things that would interfere with the attorneys’ profit, and the GM’s, ot that any of them would make me any money.

  2. While I have not sent (you) anything regarding any or all of my thoughts, my heart goes out to you for being tough enough to be able to deal with these terribly small minded people. I commend you for hanging tough. Certainly enough where you feel slandered, and oddly yesterday while listening to Dennis Prager on 870 radio in Los Angeles he had as a discussion of “rape” when it comes to name besides its usual connotation.

    I mention both being rejected by these little “middle management” people who can live their dreams of holding power to reek their madness on us, and also (and something important to make us aware of) is the people who live here that have allowed the madness to continue.

    I go back to the date when I oddly went to see the forum where the 4 contestants were on stage to compete for the director positions and quite frankly you stood out as the best ever for the job. The rest were “run of the mill” selections, if even that.

    For some time now when it came to the restaurant I have always said, “if the restaurant were leased, make sure it has a “TRIPLE NET LEASE.” It exculpts us, the homeowners of most of the issues we deal with. That always fell to deaf ears.

    I have (unfortunately) attended any open board meetings as probably I don’t deal well with all the frustration it causes so for that reason I’m out (as they say on “Shark Tank!”)

    Well , probably much to say and add, but certainly, Best Wishes.

    Marty & Donna Winger

    Your email address will not be published.

    1. Thank you for your support. I’m trying to show people more than just that I am innocent. I believe most of the current Board has a big blind side when it comes to the GM, and that they have been duped into believing that the attorney can give them legal cover for breaking whatever rules necessary to crush anyone who criticizes her or them for paying her so excessively. My highest priority (besides getting back the house FSR/Red Rock Financial Services stole from the Gordon B. Hansen Trust) is to show how we need to have an transparent governance system with lots of owner oversight to protect homeowners, not just from each other, but from unscrupulous agents and attorneys who rigging our elections, ripping us off in the debt collection area, and by churning excessive legal fees. You remember the HOA scandal I referred to in the blog https://scastrong.com/who-gets-to-decide-who-is-eligible-to-serve-on-the-board/? Adam Clarkson’s undisclosed employment history working with Nancy Quon, creates certainly the appearance of a conflict especially when you couple it with his interference in our recall election, his blatantly violating the law to remove me from the Board without due process, just cause, or any appeal (which I have been informed he has done at least twice in other HOAs). Getting back on the Board is not as good a use of my knowledge as my publishing what they are doing so they can be stopped. If Clarkson law group represents 300+ Nevada HOAs, as claimed, and Adam is the 2019 President-elect for NV Community Association Institute, I have to get a favorable ruling from NRED on the principle that only voters can control who sits on an HOA board. Failing that means Clarkson will have created new law which puts all NV HOAs at risk of having their boards taken over. I’ve got a series of blogs coming soon about how HOA foreclosures in Clark and Washoe Counties cost all of us over $1 billion in loses to out property values according to a NV Association of Realtors study done in conjunction with UNLV Lied Institute for Real Estate. Very interesting http://www.rgj.com/story/money/business/2017/07/05/hoa-foreclosures-1-billion-lost-reno-vegas-home-value/453484001/

  3. They made it sound like you took $$ or kickbacks. I was very surprised this all revolved around an SCA property that was part of a trust and your trusteeship. I agree with Mr. Nusser.

    1. In my view, the attorney an the GM, licensed professionals who are supposed to be fiduciaries acting solely in the best interests of the association’s membership as a whole, personally culpable for causing the Board and the Election Committee to act unlawfully. Adam Clarkson benefits financially by giving the Board wrong advice that makes the association pay way more in legal fees and which has a direct and significant detrimental impact on our property values. When I first got on the board (because the prior attorney said (correctly) that the litigation was not disqualifying, Clarkson got the Board (unlawfully) to essentially order me to recuse myself from all collection matters, but not because I could make a profit off of anything to do with SCA’s current collection practices as he falsely claimed, but because Clarkson is SCA’s debt collector as well as SCA’s legal counsel and I pose a threat to his keeping quiet how much money he is making by keeping owners in the dark. Based what I learned over the last couple of years dealing with my quiet title case, I know exactly how HOA debt collectors, especially those who have a financial connection to the managing agent, GM or attorney, can falsify records, lie to Boards, owners and enforcement officials to fraudulently conceal their wrongdoing and unjust profits. The GM also has a financial interest in keeping me off the Board, and she has used Clarkson essentially as her personal attorney while I was on the Board and after i got off to order me to stop asking questions about her pay and threatening SCA and me personally (using SCA’s attorney at homeowner expense) if I didn’t stop criticizing her performance and disclosing what her compensation was. Oh yes, and getting the Board to approve these ridiculous orders in secret meetings to which only six of the Board members were invited. All totally self-serving. The homeowners should not have to pay for these vultures to attack me. It is their personal actions done for their personal benefit, but they are setting it up to pit me against the association. It is not.

  4. Nona … Would like to sit down and talk with you when you have a minute or two. Maybe after ladies play day?

    Let me know …. Gary

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