Billing 3x the Budget
The Adam Clarkson law firm billed SCA homeowners approximately three times the budgeted amount for legal services. This wasn't disclosed to homeowners in real-time — it was discovered after the fact, when the money had already been spent.
Every dollar of legal fees comes directly from homeowner dues. When your attorney bills 3x what was budgeted, you are the one paying for it.
Claiming Authority Over the Board
The HOA attorney claimed authority to tell the Board what to do and suggested that it was a fiduciary duty violation for Board members to act against counsel's advice. This is FALSE.
Under NRS 116, Board members are the fiduciaries — not the attorney. The attorney is an advisor. The Board is not legally obligated to follow attorney recommendations, and claiming otherwise is a form of coercion that benefits the attorney (who profits from the conflict) at the expense of homeowners.
Silencing Whistleblowers
Legal fees were used as a weapon to:
- Silence homeowners who asked questions about governance
- Evict the Foundation Assisting Seniors from SCA
- Remove Nona Tobin from the Board after she was elected with 2,000+ votes
- Protect management from accountability
In a properly functioning HOA, the attorney protects the community. At SCA, the attorney protected the status quo — and billed the community for the privilege.
The Legal Standard
NRS 116.3102(m): The association's Board has a fiduciary duty to homeowners.
The attorney serves at the pleasure of the Board. The Board serves the homeowners. When this hierarchy is inverted — when the attorney directs the Board — homeowners lose their voice and their money.