Link to 12/19/22 Request For Judicial Notice of 346-page verified, evidence-backed, uninvestigated (pending court order) complaint to the State Bar and 50-page draft civil complaint requesting a court order for written findings of attorney misconduct (that will be necessary if this court does not refer the matter to the State Bar for investigation)
This resulted in me being declared a vexatious litigant and a restrictive order being entered against me without notice or a chance to oppose.
Link to PDF of 3/28/23 order filed without notice or opposition
I have tried unsuccessfully repeatedly for the last few weeks to get my opposition attached to the order so it is accurate enough for appeal.
HOA attorneys and managers fail in their fiduciary duty to the HOA
HOA attorneys and managers are by law fiduciaries to the HOA that employs them. However, they routinely act in their own self-interest rather than solely and exclusively in the interest of the HOA.
The HOA homeowners are the intentional third-party beneficiaries of the CC&Rs contract in that the HOA exists for the purpose of maintaining the common areas, the community lifestyle and the property values of for the common good of the HOA membership at large.
The attorney and the manager are agents. They have no authority over the Board. Anything they assert over the Board is usurped, and that is the problem.
SB 417 will exacerbate the problem of attorneys and other agents enriching themselves by improper control over HOA Boards
My experience shows HOA attorneys lie with impunity to the courts now. The State Bar Assosication does not enforce the ethical codes of conduct. The Nevada Supreme Court thinks that’s okay. The judges let them write orders that misrepresent the facts, the evidence and the law.
Why should NRED or the Ombudsman for Owners in Common-Interest Communities be any different? Why investigate any homeowner’s complaints ever?
Adam Clarkson already has the Ombudsman in his pocket
…Or else, how has he kept my complaints from being heard by the Commission for Common Interest Communities for the last six years?
After all, it has been enough for the past six years for the NRED to not investigate my complaints and the Ombudsman not to refer them to the Commission SOLELY because Adam Clarkson, the Community Association Institute lobbyist and Sun City Anthem’s debt collector and attorney, says I’m are just a “bad person” and not the kind that should be allowed to serve on the Board of Directors because I complained about things like how much over market the manager is paid?
Link to unanswered 9/2/17 NRED Form 514a
Link to my unanswered 1/31/18 Affidavit regarding Clarkson’s denial of records request related to Sandy Seddon’s salary that I filed with Investigator Christina Pitch who was assigned to investigate three NRED Form 530s. (If SB 417 is passed, it will be legal for Clarkson to deny this request and legal for NRED to refuse to investigate it. But then, the homeowner can be criminalized and threatened with high-cost litigation for even asking.)
9/7/17 NRED Form IA 530 re Interference with the Recall election was resolved by NRED’s very thoughtful 8/8/18 letter below.
9/7/17 NRED Form IA 530 re Clarkson’s declaring my elected seat on the Board vacant “by operation of law” rather than by the mandatory NRS 116.31036 removal election was resolved by NRED’s very thoughtful 8/8/18 letter below.
9/7/17 NRED Form IA 530 re Clarkson’s spearheading bullying, retaliation, and harassment was resolved by NRED’s very thoughtful 8/8/18 letter below.
8/8/18 NRED’s dismissal of the three Form 530s without prejudice, ignoring the Form 530 and ignoring Clarkson’s obstruction of the legitimate access to information about employee salaries.
