Removing a Director LEGALLY is really hard to do
Predictably, the removal election did not succeed despite over 1,200 unit owners voting to remove Rex Weddle, Aletta Waterhouse, and Tom Nissen from the SCA Board. I say it was predictable because the only lawful way to remove a director is to meet ALL the rigorous requirements defined in NRS 116.31036:
- More than 10% of unit owners must call for a removal election
- More than 35% of ALL unit owners must vote YES
- More than 50% of those voting must vote YES
It was even more predictable because GM Sandy Seddon, Board President Rex Weddle, association attorney Adam Clarkson and their accomplice and lobbyist, David Berman, took unfair actions to interfere with the removal election process to protect the incumbents and to make unit owner pay for the legal removal election approximately $40,000-$50,000 unnecessarily.
42 NRED Complaints against SCA
Interestingly, I have been told that the Ombudsman and an investigator were present at the vote counting today. I understand they came to observe the final step in the removal election because there have been 42 complaints filed against SCA for such violations as:
- removing the volunteer election committee,
- paying a CPA without a contract to perform the EC’s duties and performing them so badly some people didn’t even know there was a removal election,
- not counting all of the petitioners’ valid signatures so Bob Burch wasn’t included on the removal ballot,
- concealing information from unit owners about complaints,
- retaliating against owners for making complaints,
- and, last but not least, removing me, an outspoken homeowner advocate, without having the required removal election at all.
Deceptive eblast reports the news
Saying
“In order to RECALL a BOD member, 2,501 Yes votes were required.”
is a thinly veiled way to disguise the FACT that
“In order to REMOVE a BOD member, 2,501 Yes votes were required”
The Board unlawfully ignored this FACT when they removed me without abiding by ANY provision of NRS 116.31036 and without ANY owners petitioning or voting to have me removed or recalled.
That’s a really fast announcement when you consider that the GM NEVER announced that there were petitions going around in June to remove four directors, or that there even was a removal election scheduled, or that there were 836 signatures calling for a vote of no confidence against her submitted in August with a long list of owner complaints about her performance as GM.
Keep those fun facts in mind when you hear very soon whether the Board has given her an excellent performance rating and a $20,000 bonus. Rex Weddle made the off-hand remark at the last Board meeting that they had discussed “GM performance” in executive session, but item 7A lists “GM Compensation” on the public executive session agenda.
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