FAQs: Removal election voting procedures

As you’ve no doubt noticed, the instructions on voting are confusing and the normal voting procedures have been changed. Here are some answers to the most frequently asked questions.

What return address do I put on the envelope if I own multiple properties in Sun City Anthem?
Put the address where each ballot was mailed. You may also note each property address on the outside envelope that contains the ballot envelope for that property’s vote.

Should I write the property address on the ballot envelope?
No. Do not write anything on the ballot envelope.

What if I mailed my ballot in without any return address?
Contact Ovist & Howard at (702) 456-1300 for replacement ballots. Ballots without a return address that matches where a ballot was mailed will not be counted.

What is the deadline for my vote to count in the removal election?
Your ballot must be RECEIVED by 5 PM on Thursday, October 26
by Ovist & Howard, 7 Commerce Center Dr. Henderson 89014

Can I drop my ballot off at Anthem Center?
No. Your ballot must be mailed or hand delivered to Ovist & Howard 7 Commerce Center Dr. Henderson 89014 so it is received before the 5 PM, October 26 deadline.

If my ballot got coffee stains on it, can I copy my neighbor’s ballot?
No. Only original ballots will be counted.

What if I threw my ballot away by mistake?
Contact Ovist & Howard at (702) 456-1300 for a replacement ballot.

How do I complain if I think this election is unfair?
Contact the Ombudsman or the NRED Investigator or both.
Charvez Foger, Ombudsman
The Ombudsman’s Office,Nevada Real Estate Division
3300 W. Sahara Ave., Suite 325 Las Vegas, Nevada 89102
702-486-4480  Website: www.red.nv.gov
cicombudsman@red.nv.gov
https://scastrong.com/action-report-election-issues-to-the-ombudsman/  

You may also contact the investigator who is assigned to coordinate the numerous complaints currently filed against SCA Board, GM Sandy Seddon and attorney Adam Clarkson.

Christina Pitch, cpitch@red.nv.gov
HOA Investigations Section, Nevada Real Estate Division
Common-Interest Communities/Condominium Hotels
3300 W. Sahara Avenue, Ste 350, Las Vegas,NV 89102
Office (702) 486-4480 / Fax (702) 486-4520
https://scastrong.com/put-complaints-on-the-record/

Will it do any good to complain?
There are already serious complaints submitted to the Ombudsman against Sandy Seddon, Attorney Adam Clarkson, and BOD President Rex Weddle. It is important that the enforcement authorities hear from you as well if you believe the process has been made unnecessarily difficult or if you believe votes are unfairly not being counted.

 

How to vote in the recall election (video)

Help for Sun City Anthem homeowners who may not have understood that Ovist & Howard, CPAs’, letter was actually a ballot to vote to remove Rex Weddle, Aletta Waterhouse, and Tom Nissen from the SCA Board. Gives you info re Oct. 26 deadline and instructions to ensure your vote counts.

11 Reasons Why We Need To Recall The Board Members

  1. Tale of two faces – The Board members subject to recall should be removed because they refuse to tolerate any criticism (from the homeowners) of Sandy Seddon, the General Manager (GM) and berate those who dare to speak in less than glowing terms about her performance. The board is thrilled with Sandy Seddon. Their experience with her is that she quickly handled the deferred maintenance issue, quickly transitioned away from the prior management company, responds fully to their requests, and is just an all-around great gal. However, the Sandy Seddon that the Board members see and experience is quite the opposite of what many homeowners experience and which was described to the Board in a petition signed by 836 homeowners and residents. The Board has refused to hold her accountable to address the problems identified in the petition against her or to take any action to improve homeowner relations and customer satisfaction. During the September Board meeting, Bob Burch yelled out, “Enough is enough!” and two pages of his diatribe about why no one should criticize the GM is in the Board Book. They should be removed as directors because they are protecting the Sandy Seddon more than they are protecting the homeowners paying the assessments.
  2. Not fair to owners. The Board takes actions without hearing both sides, does not uniformly enforce the CC&Rs and By-Laws if it is outside issues like the color a house can be painted or how many trees must be planted. They fail to prevent problems and resist solving them, so the homeowners end up paying for the pound of cure. Look at all the bureaucratic hassles the Board has created for the clubs by requiring bizarre business license requirements and vendor insurance. They allow the GM to create bureaucratic hassles for owners and clubs and to set paid staff up as competitors to the clubs for booking dates.
  3. Usurp authority of the owners to initiate lawsuits. Owners voted against SCA filing litigation on Liberty Center construction defects, but the Board ignored that and filed a lawsuit anyway. NRS 16.31088 requires an owner majority vote before SCA can initiate a lawsuit, but they did not ask owners to vote before they acted to evict the Foundation Assisting Seniors or to sue the Foundation for $40,000.
  4. Transition to self-management is flawed. No adequate policy framework is in place to protect SCA, particularly as a first-time employer, and there are no written plans or timetables to complete the transition. Despite my areas of expertise in HR and municipal management, the Board unfairly excluded me from participation in any personnel policy discussions and claimed I was “not authorized” to see records relating to prior decisions of the Board or to examine such questions as:
    1. Why is the GM paid  $100,000+ over the appropriate salary for that job?
    2. Why does the compensation for four managers eat up about 10% of the 2017 operating budget?
    3. Why don’t we have performance standards and customer service ratings linked to GM compensation?
  5. Board does not act lawfully. They have tolerated the restaurant being closed for nearly two years in violation of CC&Rs 7.2(b).They have issued several unlawful cease & desist letters against me to stop me from inspecting ANY association records, but there are numerous other examples included in the documents filed with the state enforcement officials.
  6. Lack of method for requiring GM accountability. These board members should be removed because they have abdicated too much authority to the GM with no system for accountability. It is unlawful to hire a GM without a management agreement, but no agreement is currently in place. Without a management agreement, the GM is an at-will employee covered only by the personnel handbook. Poor business judgment to employ her without the specification of the required provision of NRS 116A.620. These directors should be removed, not just because they have failed to hold the GM accountable in areas beyond facilities maintenance, but because they have allowed her to threaten frivolous litigation against SCA and to falsely accuse me as a Director of defamation because I criticized her performance. She has also falsely accused me of violating her privacy rights and creating “employer liability” for asking about her compensation with her former employer.
  7. Abuse by attorney. Why do we even need a Board if the attorney calls all the shots? The HOA attorney (Clarkson) makes quite a profit by getting the Board to believe that the budget does not have to be amended to spend, spend, spend. The Board refused to have board training conducted by the Ombudsman, and Clarkson conducted the training in a closed workshop, deemed it attorney-client privilege, was abusive to me and gave biased instructions, e.g., that the Board MUST get attorney approval before making any major decision, and it is an unauthorized practice of law (for me) to tell them they don’t need to go to an attorney for so much but to use their common sense.
  8. Loss of control over the budget. The Board should be removed because they are allowing the attorney to represent the GM and not the association membership as a whole. For example, this attorney advised the Board (in violation of NRS 116.3106 and By-Laws 3.18 a and 3.20), that the GM can expend SCA funds for purposes other than what they were budgeted for without board approval. Clarkson’s legal fees for the first four months have amounted to $103,000, and much of that was expended for legal actions that never should have been taken. This does not account for how much the Board has spent to have him take over the Removal Election Process and strip the SCA Election Committee of their duties defined in the adopted Election & Voting Manual.
  9. Lack of transparency. The Board allows the GM to refuse to give access to information in an easy, user-friendly way. They take the attitude that they are only required to provide the legal minimum, and you have to jump through hoops to get that if you are not considered an ally or if you are being punished because they think you MIGHT misuse the information.
  10. Owner involvement in governance is diminished. The Board refused to adopt the proposed owner-oversight committees for Legal Services, Personnel, Insurance, or Investments even though these are areas where the expertise of community members is greatly needed and could be cost-effectively employed. They abolished the Fitness Committee, the Property & Grounds Committee, and the Golf Course Liaison Committee. Meanwhile, the Communication Committee is in limbo. There is a plan (only discussed in private so far) to have Pinnacle, Villas, and the service groups report to the GM instead of having a Board liaison. No attempt is being made to promote customer satisfaction or to institute “best practices” to improve residents’ quality of life or build a sense of belonging in the community. These Board members do not respect owners and abdicate to the GM.
  11. Abuse of privilege. NRS 116.31085 (3) and SCA By-Laws 3.15A define the only permissible topics that an HOA Board can discuss in executive session. These directors should be removed because they circumvent this by making decisions in closed “workshops,” by using email for deliberations (despite having been issued a letter of instruction prohibiting it), and, at times, by unlawfully excluding a director from the deliberation and action (myself and Jim Mayfield before me). Rex and Sandy make excessive claims for confidentiality on ALL their SCA business emails even when the discussion is just about leaking pipes.

Recall Supporters

SCA BOD recall ad

Hello, my name is Nona Tobin. I have been happily retired and a Sun City Anthem homeowner for over 13 years. But, in the last year, I became concerned about the way this community was being managed, so I decided to do something about it and successfully ran for a seat on the seven-member HOA Board of Directors, garnering 2,001 votes. My campaign slogan “Owners Always Come First” has become my mission. 

As I began asking questions and requesting information about past Board actions, I was met with resistance from management and my fellow Board members. Just 116 days into my tenure on the Board, the other six members of the Board, along with the HOA Attorney and the paid management staff, held a secret meeting to illegally vote me off the Board. This action is one of many illegal and unethical actions that I, and many others, have questioned.

Over 800 homeowners signed petitions for a recall election to remove four of the Directors. Of the four petitions, three (Rex Weddle-758, Aletta Waterhouse-734, and Tom Nissen-726) had more than the needed 715 signatures to be subject to a removal vote. Bob Burch managed to skate receiving only 713 signatures, two short of the requirement.

So far on this website, you have only heard my voice. But my voice is not the only one that is speaking out. Above is an ad supporting the election recall that just ran in the current, October 2017 issue of The Vegas Voice, a monthly publication serving the 50+ community in Las Vegas. 

Here are a couple more links, and we will be updating the Resources section of this website with more periodically.

http://anthemtoday.com/ – This website is published by Rana Goodman, a SCA homeowner.

http://anthemopinions.blogspot.com/ – This website is published by Dick Arnedt, a SCA homeowner.

Get Involved

ACTION Items:

  1. Get informed: review our blog posts and resources
  2. Vote in the Recall Election – mail your ballot so that it is received by October 26th
  3. Stay involved: share this website and information & sign up for notices

Owners should ALWAYS come first!

Fact Checking and Financial Hanky Panky

The following was originally written and distributed by Ron Johnson and is republished here with his permission for you to see what others are saying about the current HOA Board and happenings.

Wednesday, October 4, 2017

Fact Checking Some of OSCAR’s Claims

In a letter to residents, OSCAR’s leadership team of former board members and others have attempted to support their opposition to the Board Directors removal petition by making a number of claims about SCA’s self-management, financial condition and other issues. Unfortunately for the intended readers, the OSCAR letter makes a number of gratuitous and false claims, which I have commented on below.

Opinion and commentary by Ron Johnson

Self-management is working.
OSCAR’s Claims What are the Facts
Our facilities are in better condition than they ever were with the management company. False. It’s blatantly misleading to attribute the poor condition of Liberty (and now Anthem) Centers to FSR when successive Boards deliberately ignored and refused to timely address needed repairs.
We no longer have to pay $36,000 per month to a management company. True. However, SCA is compensating key management staff a similar amount per month.
Current payroll expenses are less than we formerly paid the management company to manage our Association. Inconclusive. There’s an array of issues that affect payroll expenses, including startup vs. FSR wage scales and employee turnover, which happens to plague custodial jobs here.
Communication with and understanding of members’ issues has improved. False. The Board eliminated members’ primary venue to voice their individual and collective input when it transferred the project management mission from the Property & Grounds Committee to the General Manager. With the loss of that venue, there is no longer any effective means
Sun City Anthem is in excellent financial condition.
OSCAR’s Claims What are the Facts
Expenses are under control. False. With management deferring over half a million dollars in originally scheduled repairs for 2017 to 2018, that’s a picture of expenses out of control, not of expenses under control.
Revenues exceed expenses by nearly $450,000 through August. False. Indeed, management simply manipulated the books to reflect that revenues exceeded expenses. How did they do that? They did so by moving $550,000 in reserve expenses that was originally scheduled for 2017 to 2018. In doing so, SCA’s revenues for 2017 could only then reflect an excess over expenses. Some might refer to that as hocus-pocus accounting.

 

If all of that originally scheduled work had been performed in 2017, expenses would have exceeded revenues by $100,000, just the opposite of the surplus that was claimed. It’s reasonable to assume that the Board and management, possibly for political reasons, wanted the financials to report a “surplus” rather than a “deficit.”

No dues increase is expected for 2018. True, but. Only on the basis of questionable financial statements does the “no dues” decision make any sense.  In reality, though, the Board is keenly aware of the extent of SCA’s financial problems. It’s evident that SCA did not have the funds needed to do all of the work that had been scheduled for 2017. And faced with the recall effort and despite incurring excessive costs for unbudgeted work at AC, the Board was unwilling to confront the downside of requesting members to authorize a supplemental assessment, let alone an increase in our annual dues. Further, the Board was privy to a legal opinion that will require homeowners to significantly increase their contribution to SCA’s reserve fund, further aggravating SCA’s financial picture going forward.
The 2017 dues increase was to replenish the Reserve Fund after costly repairs to Liberty Center. Assuming that to be true, that increase should have been returned to the homeowners in the 2018 budget. That return is not scheduled to happen, especially given SCA’s current funding problem.
The number of NRS complaints filed is an invalid metric.
OSCAR’s Claims What are the Facts
The Ombudsman and the Nevada Real Estate Division (NRED) have agreed that our Board has handled each situation correctly in all cases for as long as these directors have been on the Board. False. Regrettably, OSCAR’s former directors are either grossly misinformed or are intent on misrepresenting SCA’s history with the Ombudsman. First, I am personally aware that over the years, the Ombudsman has issued letters of correction notifying the association of the need to take specific corrective action to comply with this or that section of the statutes. Second, I am personally aware of at least one case in which the Division found that SCA had violated the law and recommended its prosecution before the Commission on Common Interest Communities. And third, I am aware of a number of Ombudsman cases where the Division has concluded that the case was not suitable for prosecution before the Commission, meaning that contrary to OSCAR’s claim, NRED had not agreed with SCA “that our Board has handled . . . [the] situation correctly.”
There are ZERO open complaints in the Ombudsman’s office. False. I am aware of roughly a dozen mostly recent complaints that have been submitted to the Ombudsman’s office, which includes a recent case that I had filed and was assigned to an investigator of their Enforcement Section.

 

 


Saturday, September 30, 2017

Financial hanky-panky or something else?

Contrary to what others may have led you to believe, the 2018 Budget portrayed a not so rosy picture for our association’s condition. While SCA’s financial condition has the appearance of being good, even “excellent” according to those OSCAR advocates, appearances can be deceiving. There is no doubt that homeowners will be reassured in learning that our assessments will not increase in 2018, but in view of what’s going on behind the scene, such reassurances appear to be merely hype and misplaced.

So, what’s going on behind the scene? The association has a number of financial problems, problems the board and management have been reluctant to adequately explain, address or even disclose. I suspect that more than a few ears were raised when Treasurer Forrest Quinn recently alluded to SCA’s “funding problem.” As I see it, those problems include the following:

  • Funding repairs for damage to “hidden assets.” “Hidden assets” are typically underground or in the walls and in addition to the equipment needing repair may involve water damage, mold remediation and related construction work. When such damage occurs, it can be very costly, as at Liberty Center and the Locker Room project at Anthem Center, which together may exceed one million dollars.

Traditionally, hidden or invisible assets are not included in reserve studies, perhaps because they are not visible or due to the mistaken belief that such assets have a life expectancy of more than 30 years and, therefore, are not required to be reserved. As a result, there are no reserve funds set aside when such assets fail, thereby creating a funding problem.

That funding problem can be resolved in one of three ways: 1) a one-time only special assessment to fund the needed repair; 2) an increase in annual assessments, which was done in SCA for 2017 and subsequent years; or 3) utilizing existing reserve funds, which has the practical effect of robbing funds intended for Peter to pay for the work that Paul needs.

Note that the second option is effectively permanent unless the funds are subsequently returned to the homeowners after the initial need was satisfied. And note that the third option might create a shortfall in needed reserves.

  • Rob Peter to pay Paul? SCA’s management team has been very busy last year and this year in moving large sums of reserve funding around for reasons that I do not understand. I happen to get a little curious when association reserve projects do not get done as planned. How can that happen? Yes, a repair project here that there might be deferred a year for one reason or another.

Let’s take a look at the 2014 Reserve Study. That study, as all HOA studies do, sets forth a yearly plan of which equipment or projects will be repaired or replaced, presumably in advance of their estimated life expectancy. For example, the 2014 RS called for an estimated $225,000 in fence painting for 17 Villages in 2017. That didn’t happen, although some disappointed homeowners may have expected to have their fences painted in 2017. Such is life.

What did happen was that in 2016 in connection with the “mathematical” 2016 update performed by Criterium, management decided to eliminate that requirement for 2017 and changed the RS schedule for fence painting to read “2018” for each of those 17 Villages. Why did they do that? I do not know. I suspect that they might have done that because that money was needed for a different project for which there was no funding authority in the budget. Were similar deferrals made in 2016? I don’t know but I do know that the reported total dollar value of all changes made in reserve spending for 2017 and deferred to 2018 (based on the 2014 RS) was at least $550,000.

Now, this year our management team has been busy making similar changes to the 2018 RS plan, reportedly deferring in reserve spending in 2018 “as much as $800,000.” What’s going on? Management has claimed and would have us believe that they are merely saving the homeowners money that did not have to be spent on the projects that they decided to defer to the next year.

If management is going to make such changes to the estimated life expectancy of association assets, I would hope that they are adequately documenting the basis for those changes since they are deviating from nationally recognized standards that are employed by all HOAs.

  • Reserve for invisible assets. A decision to reserve for invisible assets would likely have a significant impact on future assessments.
  • Association’s liability for walls and fences. Rumor has it that a legal opinion has been received advising that the association is legally responsible for 100% of the walls and fences, i.e., both sides. Furthermore, based on Criterium’s recent study, the amount of lineal feet of coverage of walls and fences is far greater than originally plotted.

If true, that would mean that the amount of reserves needed to fund walls and fences is far greater than initially projected and will have a significant impact on needed reserves. 

Other news

More on the Ham Radio Club under attack.

 I had intended to report that the Management of the Amateur Radio Club was out to destroy the club.  Follow-up investigations shines more light on this matter.  On the top of Independence Center, one can obverse multiple antennas on the roof.  This construction has occurred over the last few years.  The SCA Board has procured amateur radios and supporting equipment expending tens of thousands of dollars of SCA funds.  This equipment was intended for outfitting the Sun City Anthem Emergency Prep Service Group (EPSG).  The EPSG has a room in back of Channel 99 in the Independent Center.  This room is where the amateur radios are located.

It is left for another article to answer the question what is the SCA BOD doing buying amateur radio equipment.  The question for today is who are the FCC licensees using this SCA funded amateur radio equipment. To operate Amateur Radio equipment an FCC test must be passed and FCC license granted.

Amateur Radio Licenses are public records.  Are SCA’s volunteers properly licensed?


The SCA View-Journal, Inc. is an educational and news service designed to support the information interests of Sun City Anthem homeowners and is not affiliated with the Sun City Anthem Community Association, Inc., Del Webb Corp., or Pulte Homes, Inc.

E-mail: rljohnson32@lvcoxmail.com

Publisher/webmaster, Ron Johnson      Telephone:  702-617-8172

How To Lose Control Of Who Represents You On The SCA BOD

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.

Click here to see the notarized complaint regarding election interference.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

Board Meeting Wrap-up – 9/28/17

What they did and what you need to know and do…

Jim Coleman was appointed to fill my Board seatI think the Board exceeded its legal authority by both, removing me from my Board position without a trial and proving legal cause, and appointing Jim Coleman to the Board without allowing others to compete for the position or the owners to vote. However, despite all that, Jim appears to be a man of integrity and principles and completely not complicit with the bad acts of the Board. I think that he deserves everyone’s support.

The 2018 budget of $10.6 million was adopted, doubling the attorney fees to $180,000 and projecting $53,000 in expenses for the restaurant (which is currently closed). The budget also maintains the current association assessments at $1,210. I think the Board’s discussion was over-weighted by the gushing over Sandy Seddon, the GM, and how her management performance has been better than the prior management agent we fired. Massive gratitude to Seddon for the way she answered questions, it was quite telling. Her reply of “Whatever you want, Forrest.” is diametrically different when compared to her refusing all my requests by saying, “Talk to the attorney, Nona.”

Note: A Tale of Two Faces is a coming blog article about the face of Sandy Seddon that the Board knows and loves, and the face she turns toward the large segment of the community. The face that produced 836 signatures testifying to their polar-opposite experience. Our community has been divided into Have’s and Have Nots, and we need to examine why.

Restaurant update
  • No temporary use of the restaurant space for clubs or member use will be allowed.
  • A new attorney opinion rules that temporary use is prohibited without a vote of the members
  • No plan, no timeline, and no hope of getting the restaurant back anytime
  • Despite the fact that there is no funding in current (or next year’s) budget, the Board is looking to hire a Restaurant Consultant, for an unknown cost, to tell us what we already know.
  • The GM has sent out a Request For Proposal (RFP) to an unknown list of consultants.
  • The parameters of the proposed contract are unknown because the RFP was not in the Board book

It is a violation of our CC&Rs 7.2b to keep the restaurant closed this long, and because the Board treats this issue as trivial, no attorney opinion has been sought. I believe that the Board is cherry picking which rules to follow and this violation is one of the complaints I submitted to the Ombudsman. The restaurant is a major amenity which can’t legally be left closed except for maintenance and repairs. What if the GM just drained the pool and left it empty for two years? Even if you never used the pool, wouldn’t you worry that an empty pool would hurt our property values?

Other announcements

CAM Lori Martin’s resignation was announced a month after staff knew she was leaving. – It should be noted that I have consistently questioned (and been harassed and retaliated against for asking too many questions) the need for employing two high salary people with CAM licenses when only one license is required. I advocated that we employ a single CAM at the appropriate compensation level with a management agreement per NRS 116A.620. My complaint is now moot unless the Board decides to replace Martin. 

 Stay tuned for a future blog that will discuss why it is important to examine the structure of the organization before replacing Lori Martin with another CAM doing the same job.

Board action:

Jim Coleman was appointed to the Board (to fill my Board seat that had been deemed vacant on August 24).

Musical Chairs: Why stop the music now?

  • The Board said they could declare a (my) seat vacant just because they said so. I say kicking me off the board without a trial or members voting me off is not legal.
  • The Board says they don’t have to wait for judgment on the legality; they can just pick whoever as a replacement.
  • Rana Goodman asked the Board to wait a couple of months until the legality of the (my) vacancy is confirmed, or there are other vacancies because of the removal election.
  • Rex Weddle said the Board was way too busy to leave a (my) spot vacant.
  • Rana asked what they plan on doing when they are ordered to reinstate (me) the Board Member.
  • Rex said not their problem.
Public humiliation – brought to you by your Board’s secret and illegal acts 

In his self-introduction, Jim Coleman quoted parts of an email from an owner asking him not to agree to fill my seat until my appeal was done to avoid being embarrassed or tainted by illegitimacy.

Jim rightly rejected the request to step aside but for the wrong reason. He thought it was a veiled threat. I don’t think it was.

I took it more like the writer didn’t want the Board to get away with pretending they had to power to illegally dump a disagreeing director on the strength of their six votes.

I don’t think the six voters on the Board should get away with usurping control of the seat from the owners who voted me in, and who next week may be voting some of them out, just by shifting the focus onto a non-existent fight between Jim Coleman and Nona Tobin over who gets to sit in the seat. 

A question of values: Who is Jim Coleman?

Rex read a bio of Jim’s accomplishments, status as a top athlete, Founding President of the African American Heritage Club, and more.

But Jim eloquently told the crowd that we needed to know his character: He will listen. He will not rush to judgment. He will be fair. He stated that at 75-years-old, born in Mississippi, nothing in this place scares him and he will not be intimidated.

Owners Need a Big Voice

And we got one in Jim Coleman. When I was first elected, I took a strong stand claiming that neither the Board nor the community would be as good as it could be unless we reversed the direction Rex Weddle was taking us as President. Not being one for ambiguity, I declared, “Take an about face or walk off the cliff.”

 My stance was a disaster, and I was branded an uppity naysayer who didn’t know her place. On day one, the tone for my tenure was locked and loaded.

 However, that did not (or has not yet) happen to Jim Coleman.

The six directors dumped me without a vote of the membership, and they filled my spot without any notice, any recruitment or competition or any vote to fill the seat. These things are wrong, unfair and illegal, but Jim Coleman still needed to take that spot to protect all of us. If he didn’t take my spot, the board would just have appointed someone else in secret, without competition, and probably somebody in Rex’s image who owners would like a whole lot less.

 Jim Coleman is a man who speaks of character, integrity, and principles. He deserves our support, and we must do whatever we can to ensure that he gets a different board seat should I be reinstated.

 My personal preference is for Jim to take Rex’s seat on November 1st, after more than 2,501 owners vote Rex out in the upcoming removal election October 9-26.

 Board Action: Received oral update of removal election to be held by mail only. No ballot boxes. No walk-ins.

Ballots will be sent out on October 9th and must be returned by mail and received by October 26 5 PM in the pre-addressed envelope to the CPA’s Office.

Art Lindberg read the update from (our very expensive) attorney about the removal election. However, no copies of the letter were distributed, and won’t be in the Board Book, thus continuing the pattern of making access to information as difficult as possible. Remember, over 800 people signed each of four petitions to call for a vote to remove from the SCA Board President Rex Weddle, Secretary Aletta Waterhouse, and Directors Tom Nissen, and Bob Burch.

 The Recall Petitions were received by management on 8/10/17 and were given to the CPA to verify the petition signatures. Again, it should be noted that Management, upon the advice of counsel, took away all the normal duties of the volunteer Election Committee to pay a CPA that was selected by the attorney, at a fee of least $10,000 to verify, distribute, collect and count ballots.

Of the four petitions, three (Rex-758, Aletta-734, and Tom-726) had more than the needed 715 signatures to be subject to a removal vote. Bob skated as he received 713 signatures. What they didn’t mention was that there were over 65 signatures submitted after the petitions were submitted, and even though the state law says there is no deadline, those signatures will not be considered.

The law makes removing a director much harder than the election to get on the board in the first place. The law (NRS 116.31036) says that the only way a Director can be removed from the Board is by a secret ballot in a removal election which is called by petition of at least 10% of the voters (715 of the 7,144 in the community) in which at least 35% of the possible voters (2,501 of 7,144 Lots in SCA) vote to remove each director and at least half of those voting in favor of removing that director.

Clearly, the Board’s claim that six of them voting to remove me is equally powerful to the 2,501 votes from owners that it takes to legally remove one of them is ludicrous, and the attorney who authorized it should be fired.

 I have a complaint to the Ombudsman, which has been referred to the HOA Investigations division, about the GM, attorney and Board president Rex Weddle interfering in the removal election process. The Election Committee was taken out of the process, and the Election and Voting Manual is being violated willy-nilly. This shows a continuing pattern of making the removal process even more difficult and further diminishes the value of each owner’s vote. 

  • Specific instructions will be sent out with the ballot and must be followed exactly, or the vote will not count.
  • Ballots will be mailed on Oct 9
  • All ballots must be received in the mail by 5 PM at the CPA’s office on October 26. No ballot boxes. No walk-ins.
  • Vote will be counted by the CPA without the Election Committee on Wed Nov 1st at 9 AM
  • Volunteer voting monitors welcome to monitor ballots

Just so that each homeowner is aware, the SCA By-laws specifically addresses the process by which a Recall Election must be organized.

3.6. Removal of Directors and Vacancies.

(a) Any member of the Board of Directors, other than a member appointed by the Declarant, may be removed from the Board of Directors, with or without cause, if at a removal election the number of votes cast in favor of removal constitutes:

(i) At least thirty-five percent (35%) of the total number of voting members of the association; and

(ii) At least a majority of all votes cast in that removal election.

(b) The removal of any member of the Board of Directors must be conducted by secret written ballot. If the removal of a member of the board of Directors is conducted by secret written ballot:

(i) The Secretary of other Officer specified in the By-Laws shall cause a secret ballot and a return envelope to be sent prepaid, by United States mail, to the mailing address of each Lot or to any other mailing address designated in writing by the Owner;

(ii) Each Member must be provided with at least fifteen (15) days after the date the secret ballot is mailed to return the secret written ballot to the Association;

(iii) Only the written ballots that are returned to the Association may be counted to determine the outcome;

(iv) The secret written ballots must be opened and counted at a meeting of the Association. A quorum is not required to be present when the secret written ballots are opened and counted at the meeting; and

(v) The incumbent members of the Board of Directors, including, without limitation, the member who is subject to removal, may not possess, be given access to or participate in the opening or counting of the secret written ballots that are returned to the Association before those secret written ballots have been opened and counted at the meeting of the Association.

Upon removal of a director, a successor shall be elected by the Owners entitled to elect the director so removed to fill the vacancy for the remainder of the term of such Director. 

Look for more information on my blog, coming soon, as to what you can do to help remove Rex Weddle, Aletta Waterhouse, and Tom Nissen in this election.

For now, if you know you will be gone or your neighbor will be gone, let the front office know at (702) 614-5800 to get the ballot sent somewhere else. We want to make sure all owners get a ballot and get a chance to vote. Ballots will be mailed out Monday, October 9 and must be received back by mail by 5 PM, October 26.