There is a lot of confusion about what is happening to the recall petitions (with 825 signatures) to remove four directors from the Board. In my opinion, the homeowners are purposely being kept in the dark. The General Manager (GM), Sandy Seddon, is using a lot of dirty tricks to stop owners from voting. The suppressing of accurate and timely information is just one way to make it less likely that you will vote.
The removal election update at the Sept. 28th Board Meeting consisted of the reading of a letter from the HOA attorney that listed which petitions had enough signatures (715) to place a director on the removal ballot; Rex Weddle (758): Aletta Waterhouse (734); and Tom Nissen (726). However, the petition against Bob Burch fell two signatures short (713) of the 715 needed to place him on the recall ballot.
It is important to note, that the oral report did not contain any attorney-client privileged information, but did include specific details about the procedure for the recall election that should be immediately available (in writing) to the homeowners in order for them to plan their vote.
The letter reported decisions made by the attorney (that were not approved by anyone with legal authority) to restrict the owners’ rights and to change past voting practices including:
- Changes to the dates the ballots are mailed to the homeowners (Oct.9 instead of Oct. 2);
- Changes to the ballot return process
- No ballot boxes;
- Ballots must be returned by mail only (to the CPA’s unknown address, not to the Anthem Center);
- Redefining the deadline for the returned ballot as the date received (by 5 PM October 26) and not the date of the postmark;
- Makes no provision for those who will not be able to receive their mail during those dates.
So why not place this important information on the www.sca-hoa.org website in the official record of the Sept. 28 Board meeting.? According to Sandy Seddon:
“The Update was provided for reliance in relation to an oral summary of the status of the review of the petitions/removal election to be given at the meeting, and the update was drafted in a manner to be read aloud, not conveyed in writing. Written documentation will not be provided as part of the board book.”
I believe that Seddon’s justification is simply another attempt to obscure information in the hope that the homeowners will not correctly vote or not vote at all. The acts of suppressing dissent and disenfranchising voters are intolerable practices that permeate this administration. It violates one of the most fundamental principles of good governance: FAIRNESS!
I have forwarded my request to make this oral report available on the HOA website, along with Seddon’s refusal “justification,” to the Nevada Real Estate Division (NRED) Investigator assigned to my complaint. I have stated that the attorney, management, and Board President Rex Weddle are interfering with the removal election process and asked that the NRED look into this matter.
While the attorney, GM, and the Board are doing everything they can to obscure information from the homeowners, the “anti-recall” people are doing everything that they can to confuse the issue. Recently, the anti-recall people sent a letter to everybody’s home claim there are no complaints on record against the Board members that are up for recall. That is simply not true as I have personally filed four complaints which are being investigated by the Nevada Real Estate Division investigation unit, and Interference in this removal election process is one of the complaints.
Here are a few examples of a pattern of totally unacceptable conduct by management in biasing this removal election process:
- Taking over the removal election process and usurping all duties of the SCA Elections Committee in violation of their charter and the SCA Election & Voting Manual.
- Using the attorney in excess of the adopted budget ($73,000 over the approved budget in four months) to interfere with the owner’s rights to vote and to control who represents them on the Board.
- Making a secret contract with a CPA for at least $10,000 that was not in the approved budget and which has been concealed from owners, despite a legal right to see any contract of which SCA is a party.
- Refusing to step aside and allow the Election committee to do their job as usual with unpaid volunteers and, in this case, utilizing the expertise of the State of Nevada to ensure the integrity of the Removal Election process.
- Providing information and control to President Rex Weddle, who is subject to recall, and giving information access to David Berman, the self-proclaimed head of the Oppose Sun City Anthem Recall (OSCAR), anti-recall effort.
- Information was concealed from me, an elected Board member and liaison to the Election Committee, even though I was not facing a petition to be recalled.
In summary, I would like for you to ask yourself a question.
How is it ever good for homeowners to understand and properly participate in the community affairs if management prevents timely access to information such as voting rules controlling a removal election?
I may be going out on a limb here, but I say it’s never good for homeowners if management conceals information that owners need and have a right to know. So, who does benefit when management makes a fair and open removal election nigh on impossible?
Again, out on that shaky limb, I say it is beyond “not good for homeowners.” It is horrible for homeowners that this manager and this attorney, are working in concert with this Board to unlawfully interfere with the homeowners right to a fair election to remove President Rex Weddle, Secretary Aletta Waterhouse, and Director Tom Nissen, in accordance with the legal requirements afforded in the HOA By-Laws, but which they unlawfully suspended when they removed me from my Board position.