Lesson 3 – Create a false narrative to win
or as Chuck Lorre, the creator of Big Bang Theory crudely put it in Vanity Card #586:
Item 11 E – Quarterly Litigation Reports
Now that I have your attention, let’s discuss how item 11 E – quarterly litigation reports – is an example of how the Board wastes lots of our money to use the many SCA lawyers to control who sits on the Board. (I’m sorry. It seems I have to offend some people to keep everyone else awake.)
Only one Board candidate seemed to notice problems
In member comments, Board candidate, Gary Lee, pointed out some inadequacies in the reports.
Of the 15 cases reported, 9 are foreclosures. Is there a problem with the way we are handling foreclosures? There are inconsistencies.
Gary did not know what I’ll tell you below. In my case, that the defamatory and false statements were used as the pretext for kicking me off the Board and that the Board has refused my repeated requests to correct “errors” for a year.
Clarkson, SCA legal counsel and debt collector, lies like a rug
Clarkson Law Group has given the same false report for the last five quarters on the case that supposedly disqualified me from the Board.
- The current status of the quiet title case is not as of 2/1/17. That is the date when the original cross claim was filed, but dismissed on 5/25/17.
- This ignores that the claims of the Gordon B. Hansen Trust, by Nona Tobin, individual and trustee, were dismissed by Judge Kishner at a hearing on 5/25/17, and that the order (due in June 2017) was not filed by the SCA attorney until 9/20/17, a month after I was ambushed and kicked off the Board on 8/24/17 .
- The mere existence of this case is what Clarkson falsely claims disqualified me from serving on the Board. More importantly, what this lie has achieved is keeping my nose out of his debt collection business.
The Lipson law firm’s report is defamatory.
I was not removed from the Board “for cause”.
This is a horrible, hurtful lie.
It brands me “guilty!” without any finding of fact. It is a continuation of the harassment and retaliation I have been subjected to for over a year.
I was unlawfully removed by the other six Board members in a secret meeting based on the totally false and unsubstantiated allegation that I was making a profit from my position on the Board. Poppycock.
- SCA was a named party in 2015 by the plaintiff Jimijack, who has possession of the house and been collecting rents on Bruce’s house since 2014.
- Nationstar filed a second lawsuit against the buyer at the foreclosure sale of 2763 White Sage Dr. in January, 2016 and completed a failed mediation with SCA a month before I showed up as the third lawsuit.
- On behalf of the Gordon B. Hansen Trust, I entered the case on 2/1/17 as a defendant in intervention on the two existing cases in order to regain the title for the trust.
- The 2/1/17 cross claim against SCA was to get SCA to void the defective foreclosure sale from which SCA’s former agents unlawfully kept $60,000 that should have been distributed to either Nationstar or the GBH Trust after paying SCA only $2,701.
- On 5/25/17, all claims against SCA were dismissed ($2,701 paid SCA in full in 2014 so SCA has no financial stake in the quiet title dispute), but the Lipson attorney did not file the 5//25/17 order until 9/20/17, a month after I was kicked off the Board on the pretext that the mere existence of this case disqualified me from being on the Board.
- I did not, and could not, make a profit from my position on the Board.
And yet, the Lipson report brands me
My request to correct false reports was not heard.
Click here to link to the request I intended to, but did not, bring to the Board.
I stayed silent.
The tone of the meeting and the mood of the crowd made it clear that there was a zero% chance that the Board would see through their prejudices and willful ignorance to treat me fairly.
There was a standing ovation for Jim Coleman who was shaken and outraged at being falsely accused of voting to kick me off the Board by lying, probably racist, Mr. (name redacted) blogger.
There was zero acknowledgement that I existed in the room, let alone was deserving of compassion as the falsely accused (of making a profit off my Board position) and the actually-injured (kicked off the Board without a trial or finding of guilt) victim.
Good question. The issue is way bigger than me.
The precedent puts homeowners in all 3,000 HOAs in Nevada at risk of losing control over who sits on their Boards if who they elect can be “disappeared” without cause, a trial or an appeal on a pretext.
Let’s face it
I was kicked off the Board because the GM and the majority of the Board did not like me telling them they sub-standard in their implementation of self-management and that they were breaking lots of rules and needed to straighten up or I would tell on them.
So, they made up a story to get rid of me
If it can happen here, it can happen anywhere
All the directors in any HOA would need to do to get rid of a Board member they don’t like would be to deem their position vacant by operation of law.
It’s easy to kill a political opponent if you have attorneys willing to ignore all the other laws that exist to protect homeowners from arbitrary and capricious abrogation of their rights.
This precedent is especially risky for the state because Adam Clarkson is the president-elect of the Community Association Institute and claims that his firm represents 300 HOAs, 10% of those in Nevada.