SCA Board did not properly authorize any foreclosures conducted by Red Rock Financial Services

2012 Board meeting agendas & minutes

Link to 2012 minutes 001-145

2012 Specific SCA Board discussion of enforcement actions taken in secret

9/27/12 Minutes

At today’s executive session, our Board considered six requests for waivers of fees or fines, one request for a payment plan, and one request for variance of age requirement.

9/27/12 minutes page 10 of 13 Attachment 1 President’s report

10/25/12 Minutes

“At today’s executive session, our Board considered two requests for waivers of fees or fines, one request for credit, one request for a payment plan, and one request for write off of bad debt outside of the nine month super-priority.”

10/25/12 minutes page 11 of 15 Attachment 1 President’s report

11/15/12 Minutes

“At today’s executive session, our Board considered two requests for waivers of fees or fines”

11/15/12 minutes page 11 of 15 Attachment 1 President’s report

2013 Board meeting agendas & minutes

Link to 2013 minutes 001-133

2013 Specific SCA Board discussion of enforcement actions taken in secret

2/28/13 Meeting

2/28/13 Executive Session agenda

“Write off bad debt for three accounts reviewed at the 1/24/13 executive session meeting in the amount of $3,431.39 and for one account reviewed at the February 28, 2013 Executive Session meeting in the amount of $13,395.48, for a total of $16,826.87 that is outside the nine (9) month super priority lien.”

2/28/13 minutes item 17B write offs President’s Report pg. 8 of 9

3/28/13 Meeting

3/28/13 Executive Session Agenda

“At our executive session today, our Board considered one request for a waiver of fines and one request for a payment agreement. ”

3/28/13 SCA BOD minutes, President’s Report pg. 8 of 8

4/25/13 Meeting

4/25/13 Executive Session Agenda

“At today’s executive session, our Board considered one request for waivers of fees or fines and one request for a payment agreement.”

4/25/13 SCA BOD minutes, President’s Report page 9 of 10

5/23/13 Meeting

5/23/13 Executive Session Agenda

“At today’s executive session, our Board considered one request for waiver of the minimum age requirement and one request for a waiver of late fees.”

5/23/13 SCA BOD minutes President’s Report Page 8 of 8

6/27/13 Meeting

6/27/13 Executive Session Agenda

4. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken)

The Board of Directors will deliberate regarding unit owner appeals from imposition of fines by Committee and take action on appeal requests.

5. REVIEW OF BAD DEBT & WRITE-OFFS

The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session.

6/27/13 Executive Session Agenda #6

“At today’s executive session, our Board considered two requests for waivers of fees or fines”

6/27/13 SCA BOD Minutes, President’s Report page 9 of 14

7/18/13 SCA BOD minutes There was no executive session.

4. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken)
The Board of Directors will deliberate regarding unit owner appeals from imposition of fines and/or penalties by Committee and take action on other appeal requests.
5. REVIEW OF BAD DEBT & WRITE-OFFS (Action May Be Taken)
The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session.

8/1/13 Executive Session agenda # 4 & 5

8/1/13 Meeting

8/1/13 Executive Session agenda

“There were no bad debt or write-offs considered at the Executive Session held earlier today. The Board considered three appeals for wavers of fines, and one appeal was returned to the committee.”

8/1/13 BOD Minutes President’s Report Page 6 of 9

8/22/13 Meeting

4. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken)
The Board of Directors will deliberate regarding unit owner appeals from imposition of fines and/or penalties by Committee and take action on other appeal requests.
5. REVIEW OF BAD DEBT & WRITE-OFFS (Action May Be Taken)
The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session.

8/22/13 Executive Session agenda #4 & %

“At today’s executive session, our board considered three requests for waivers and/or a reduction and/or payment plans and one appeal.”

8/22/13 SCA BOD meeting minutes President’s Report Pg 6 of 8

9/26/13 Meeting

9/26/13 Executive Session agenda

“The Board will discuss the collectability from particular owners and the potential write off of same. Write-off amounts to be discussed and decided in regular session.”

9/26/13 Executive Session agenda #6

“At today’s executive session, your Board considered six appeals including waiver of late fees, fines or requests for payment plans.”  

9/26/13 SCA BOD Meeting minutes, President’s Report: Page 8 of 20

10/24/13 Meeting

10/24/13 Executive Session Agenda

“4. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken)
The Board of Directors will deliberate regarding unit owner appeals from imposition of fines and/or penalties by Committee and take action on other appeal requests.
5. REVIEW OF POTENTIAL FORECLOSURE PROPERTIES (Action May Be Taken)
Red Rock Financial Services will provide background documentation to support discussion of these properties by the Board of Directors
6. REVIEW OF BAD DEBT & WRITE-OFFS (Action May Be Taken)
The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session.

10/24/13 Executive Session Agenda #4-6

At today’s our Board considered two requests for payment plans of delinquent assessments or waivers of fees and/or fines. We approved foreclosure proceedings on five properties and took no action on bad debt.

10/24/13 SCA BOD Minutes, President’s report page 11 of 25
Link to “Deceptive disclosures: SCA Board 12/5/13 meeting vs. SCA 315 & RRFS 128

12/5/13 Executive Session Agenda

6. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken)
The Board of Directors will deliberate regarding unit owner appeals from imposition of fines and/or penalties by Committee and take action on other appeal requests.
7. REVIEW OF POTENTIAL FORECLOSURE PROPERTIES (Action May Be Taken)
Red Rock Financial Services will provide background documentation to support discussion of these properties by the Board of Directors.
8. REVIEW OF BAD DEBT & WRITE-OFFS
The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session. “

12/5/13 Executive Session Agenda #6-8

(minutes of open session, page 8 of 9)

17. REVIEW OF BAD DEBT & WRITE-OFFS

The Board of Directors, in Executive Session on December 5, 2013, reviewed the possible write off of $24,568.94 from three accounts.

ACTION ITEM

1. Approve a write off of bad debt for three accounts reviewed at the December 5, 2013 Executive Session meeting in the amount of $24,568.94 that is outside of the nine-month super priority lien.

[R20-120513] UPON motion duly made by Jean Capillupo and seconded by Jim Mayfield, the Board unanimously voted to authorize the write off of bad debt for three accounts reviewed at the December 5, 2013 Executive Session meeting in the amount of $24,568.94, that is outside of the nine-month super priority lien.

12/5/13 SCA BOD minutes, page 8 of 11

President’s report -actions in closed session

At each executive session, your Board considers appropriate action regarding homeowners in our community who fall behind in paying their assessments. Last month, we took action to foreclose on the liens of five properties, and this month, at this afternoon’s session we considered other seriously delinquent accounts. It is important to note that the vast majority of our neighbors meet their financial responsibilities to the Association. There are a very few, however, who do not. As I stated in the President’s Report in this month’s Spirit, we believe that it is not in the best interests of our Association for your Board to sit back and allow certain homeowners to continually neglect their financial responsibilities to our neighbors. I am pleased to report that of the five homes the Board took action on in October, at least one has paid their balance in full. We also determined that another home was foreclosed on by the City of Henderson. The Association did not and will not receive any funds as a result. plan to continue the discussion of the foreclosure process in the January Spirit, providing more detail on the impact, financial and otherwise, to the Association.

At this afternoon’s executive session, our Board approved the initiation of foreclosure on nineteen homes. This process will continue after the first of the year. “

12/5/13 BOD minutes, page 9 of 11

Page 2 Resolution [R05-120213] that SCA 315 alleged was approval of the sale

[R05-120513] UPON motion duly made by Dan Forgeron and seconded by Jim Mayfield, the Board unanimously voted to refer the bids to the Reserve Study Work Group for analysis and recommendation presented at the January 23, 2014 regular Board meeting.

12/5/13 Minutes Pg 2] Resolution [R05-120513]

2014 Board meeting agendas & minutes

Link to 2014 minutes 001-187

2014 Specific SCA Board discussion of enforcement actions taken in secret

SCA board minutes show no quarterly delinquency report was given in 2014 (1/23/14, 4/25/14, 7/24/14, 10/21/14) as required by SCA bylaws 3.21(f)(v)

“(v) a delinquency report listing all Owners who are delinquent in paying any assessments at the time of the report and describing the status of any action to collect such assessments which remain delinquent…”

SCA bylaws 3.21(f)(v)

1/23/14 Meeting

1/23/14 SCA BOD Executive Session Agenda

“4.ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken)

The Board of Directors will deliberate regarding unit owner appeals from imposition of fines and/or penalties by Committee and take action on other appeal requests.

5. STATUS OF ALL SCA ACCOUNTS AT RRFS (Action May be Taken)

6.REVIEW OF POTENTIAL FORECLOSURE PROPERTIES (Action May BeTaken)

7. UPDATE ON PROPERTIES PREVIOUSLY ACTIONED FOR FORECLOSURE8.

8. REVIEW OF BAD DEBT & WRITE-OFFS

The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session.”

1/23/14 SCA BOD Executive Session Agenda

“”In our executive session held this morning, our Board heard appeals from residents regarding assessment payments and other issues of enforcement and acted to write off bad debts in the amount of $18,349.17”

1/23/14 SCA BOD Meeting Minutes President’s Report Page 9 of 13

1/23/14 SCA BOD Executive Session Agenda

[R25-012314] UPON motion duly made by Jean Capillupo and seconded by Dan Folgeron, the Board unanimously approved the write-off of bad debt for accounts reviewed at the January 23, 2014 meeting in the amount of $18,349.17.

1/23/14 SCA BOD Meeting Minutes , Pages 7-8, item 18

2/27/14 Meeting

2/27/14 Executive Session Agenda

“4.ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken) The Board of Directors will deliberate regarding unit owner appeals from imposition of fines and/or penalties by Committee and take action on other appeal requests.

5.STATUS OF ALL SCA ACCOUNTS AT RRFS (Action May be Taken)

6.REVIEW OF PRE-COLLECTION ACCOUNTS (Action May be Taken)

7.REVIEW OF POTENTIAL FORECLOSURE PROPERTIES (Action May Be Taken)
Red Rock Financial Services will provide background documentation to support discussion of these properties by the Board of Directors.

8.REVIEW OF PROPERTIES PREVIOUSLY ACTIONED FOR FORECLOSURE (Action May be Taken)

9.REVIEW OF BAD DEBT & WRITE-OFFS The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session.

2/27/14 Executive Session Agenda

2/27/14 SCA BOD minutes

2/27/14 President’s Report
Item 17 Bad debt write off, Pg 6 of 15

3/27/14 Meeting

3/27/14 Executive Session Agenda

 4. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken) The Board of Directors will deliberate regarding unit owner appeals from imposition of fines and/or penalties by Committee and take action on other appeal requests. (Action May be Taken) 

5. STATUS AND RECONCILATION OF ALL SCA ACCOUNTS

6. REVIEW OF POTENTIAL FORECLOSURE PROPERTIES (Action May Be Taken) Red Rock Financial Services will provide background documentation to support discussion of these properties by the Board of Directors. 

7. REVIEW OF PROPERTIES PREVIOUSLY ACTIONED FOR FORECLOSURE (Action May be Taken) 8. REVIEW OF BAD DEBT & WRITE-OFFSThe Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session. 

3/27/14 Executive Session Agenda
3/27/14 Item 18 Bad debt write off

Page 7 of 36 3/27/14 SCA BOD minutes

3/27/14 SCA BOD minutes

4/24/14 Meeting

4/24/14 Executive Session Agenda

4. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken) The Board of Directors will deliberate regarding unit owner appeals from imposition of fines and/or penalties by Committee and take action on other appeal requests.

5. RED ROCK REPORT ON FORECLOSED HOMES

6. REVIEW OF POTENTIAL FORECLOSURE PROPERTIES (Action May Be Taken)

7. REVIEW OF PROPERTIES PREVIOUSLY ACTIONED FOR FORECLOSURE (Action May be Taken)

8. REVIEW OF BAD DEBT & WRITE-OFFS The Board will discuss the collectability from particular unit owners and potential write-offs for the same. 

4/24/14 Executive Session Agenda PAGE 1 -2 OF 2

See 4/24/14 SCA BOD minutes

4/24/14 minutes of open session item 16 approved the action the Board took in executive session under agenda item 8.
4/24/14 SCA BOD minutes President’s Report on page 9 of 10 did not include any report of the action the Board took, or the information the Board received, under items 5, 6, or 7.
President’s report (Pg 9 of 10 4/24/14 minutes) does not report on action the Board took, or on information the Board received from RRFS, in closed session under items 5, 6, or 7.

5/22/14 Meeting

5/22/14 Executive Session Agenda

4. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken)Write-off amounts to be discussed and decided in regular session The Board will discuss the collectability from particular unit owners and potential write-offs for the same.

5.STATUS AND RECONCILATION OF ALL SCA ACCOUNTS (Action May Be Taken)

6. RED RECK REPORT ON FORECLOSED HOMES

8. REVIEW OF PROPERTIES PREVIOUSLY ACTIONED FOR FORECLOSURE (Action May be Taken)

9. REVIEW OF BAD DEBT & WRITE-OFFS The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session

5/22/14 Executive Session Agenda Page 1 & 2 of 6 Agenda – Board of Directors Executive Session May 22, 2014

5/22/14 on page 7 of 14 of open Board meeting minutes, item 17, documents Board action agendized as #9 of the closed session agenda, “Review of Bad Debt” (Page 2 of 6)
5/22/14 President Report on page 9 of 14 is the same as 4/24/14 Page 9 of 10. There are no minutes related to Board action or discussion on items 4 (appeals & hearing), 5 (reconciliation of all SCA accounts), 6 (RRFS foreclosure report), 7 (review of potential foreclosures) or 8 (review of properties previously actioned for foreclosure)
President’s report (Pg 9 of 14 5/22/14 minutes) does not report on action the Board took, or on information the Board received from RRFS, in closed session under items 5, 6, or 7.

6/26/14 Meeting

6/26/14 Executive Session Agenda

6/26/14 SCA BOD minutes

6/26/14 Executive Session Agenda

6/26/14 SCA BOD minutes

Director comment

“Jim Long provided an update on Association-related foreclosures.”

Page 1 item 8 6/26/14 SCA BOD minutes
6/26/14 SCA BOD minutes
6/26/14 SCA BOD minutes

6/26/14 minutes pg 5. #16 write off bad debt

7/24/14 Meeting

7/24/14 Executive Session Agenda

7/24/14 SCA BOD minutes

SCA 7/24/14board minutes show no quarterly delinquency report was given in 2014 (1/23/14, 4/25/14, 7/24/14, 10/21/14) as required by SCA bylaws 3.21(f)(v)

“(v) a delinquency report listing all Owners who are delinquent in paying any assessments at the time of the report and describing the status of any action to collect such assessments which remain delinquent…”

SCA bylaws 3.21(f)(v)
7/24/14 Executive Session Agenda
7/24/14 Executive Session Agenda

7/24/14 SCA BOD minutes

7/24/14 SCA BOD minutes page 9 of 16