Litigation is expensive and wasteful
There are tons of reasons why filing a lawsuit is not the most effective way to resolve disputes. So, Sun City Anthem, and probably all other Del Webb HOAs, have clauses in their CC&Rs to require alternative dispute resolution (ADR) procedures, using a trained, neutral mediator, prior to a court having jurisdiction over ordering who is the winner and who is the loser.
Sun City Anthem’s CC&Rs XVI: Limits on Litigation
All “BOUND PARTIES” must use ADR
All claims are covered unless exempted here
Foundation Assisting Seniors weren’t given access to ADR before being kicked out
Seddon used the HOA attorney to sue FAS
Sandy Seddon has used Adam Clarkson to forward her own personal agenda on many occasions. The crap they pulled on Favil West and the Foundation Assisting Seniors would never have happened if they had not violated their fiduciary duty to the homeowners-at-large AND conspired with Rex Weddle to assign Sandy Seddon the role of mediator.
Sandy Seddon had no training or experience as a mediator and was certainly not neutral. None of the steps mandated by our CC&Rs XVI were provided to Favil West and the Foundation Assisting Seniors.
Seddon and Weddle, both “Bound Parties” under the CC&Rs simply chose to abuse the authority of their positions to inappropriately use the HOA’s attorney to deprive Favil West and the Foundation Assisting Seniors, also both “Bound Parties” under the CC&Rs, of their rights to a good faith attempt to resolve their differences without litigation.
How Seddon used the HOA attorneys to screw me over the same way she nailed FAS
Most of you all know the story about how Sun City Anthem’s debt collector sold the house I inherited from Bruce Hansen without notice, but here’s a short video summary.
The HOA attorney forced me to litigate over Bruce’s house. I got no access to ADR
I had settlement talks booked and Seddon switched attorneys
David Ochoa rejected my 2017 offer to settle at no cost to Sun City Anthem or myself
What happened after Seddon’s attack dog blocked my access to ADR?
What did Seddon and Clarkson do after I was elected to the Board and I was a party to the litigation I was forced into?
They unlawfully removed me from my elected Board seat because had filed complaints against them, but lied and defamed me to cover it up.
Kicking me off the Board for being a whistleblower disenfranchised the 2,001 Sun City anthem homeowners who voted for me. There is no legal authority whatsoever for this action, but they got away with it because Adam Clarkson is corrupt and should be disbarred.
Seddon & Weddle also used the HOA attorney to obstruct the 2017 recall election
Kicking me off the Board was necessary to prevent the recall from succeeding
There were recall petitions against four of the seven members of the Board. The Election Committee had a Charter that defined their duties to conduct all of our HOA Board elections, including the removal elections that would be held if enough signatures were collected.
I was the Board liaison to the Election Committee, and I filed a request to the Ombudsman to provide oversight of the signature collection and the removal election since Sandy Seddon, lori Martin, Rex Weddle, and David Berman were interfering in the process and depriving owners of their rights under our governing documents and under Nevada law.
I was one of the three members of the Board who could legally still operate the association if the NRS 116.31036 removal election resulted in the four being removed.
So naturally they had to get rid of me without a removal election
Link to PDF of Clarkson’s 8/24/17 letter removing me from my elected Board seat
Response to demand letters?
Here are links to the PDFs of my complaints: notices of intent to file complaints that were discussed by the Board at the 8/24/17 executive session
8/11/17 notice of intent to file a form 514a complaint against a community manager.
Below is page 1 of 23 pages in my complaint.
8/16/17 notice of intent to file an ethics complaint against Adam Clarkson
8/24/17 executive session board book edited exclusively for me
Note that the two “demand letters” in the book and on the 8/24/17 closed session agenda are the same ones linked above vs. Seddon and Clarkson.