Why can’t I be a candidate for the Board?

My latest rejection letter

I’ll translate it from legalese into what they are really saying are my fatal flaws:

The Election Committee and the GM predictably refused to acknowledge my appeal in the same manner they treat all complaints. Send to the round file. Don’t listen to both sides. Don’t do anything to resolve the situation. Treat the appellant like dirt. Call the attorney. Make the owners pay him $325/hour to get rid of the pest.

SCA GM published defamatory statements against me last August

How can they do that? OPERATION OF WHAT LAW?

The attorney is totally off base. And, in doing this, his conflict of interest is showing. He is not serving the owners who are paying him. He is serving the interests of the GM, himself as SCA’s debt collector, and individuals on the Board.

For him to be right, dozens of laws, CC&Rs and bylaws provisions would have to be violated or “deemed vacated”.

Not to mention the facts that:

  • the allegations that there are matters before the board from which I could make a profit are beyond false to the point of being absurd.
  • I’ll bet that I’ve spent more defending myself from these unreasonable attacks than all the other Board members combined have spent to serve as a volunteer, probably including all Board members since the SCA began.
  • I have made all the required disclosures and a full page of litigation disclosures and court documents have been posted for a year on nonatobin.com/litigationdisclosures.
  • I have no monetary demands against the association.
  • I have not, and have never intended to, pursue claims against the association through mediation.
  • There is zero financial risk to SCA from my service.
Why would the other Directors do this awful thing to you?

Because the GM and the attorney want me gone. They want me to stop asking why the GM, the CFO and the Facilities Manager are paid double the market. They want me to stop telling owners that the GM and the attorney have struck a devil’s pact to take unlawful control of the SCA’s budget.

I am all over them about the GM’s and attorney’s undisclosed conflicts of interest, but they have the full support of the Board President, Rex Weddle, who tried every which way to Sunday to make himself into a king and me into a second-class director who he did not authorize to get the same information or participate in Board deliberations which he only “real” Directors to participate in.

These three “leaders” have fed the Board a line of BS about how evil I am and that I have told their secrets. It is nonsense, of course, but it was very convenient for the other Directors to swallow it because it fit the “Us against her” model that they used from day 1 to marginalize me.

All of this drama is what really allowed them to feel self-righteous  declaring me ineligible for the Board. Claiming that I was making a profit from being on the Board was merely a pretext.  All the conflict between us was related to me blowing the whistle on their shenanigans. Only after I informed them that I intended to file an intervention affidavit with the Ombudsman to complain about harassment and retaliation did they start falsely accusing me of a secret profit motive.

In fact, the letter to dump me off the Board last August was clearly in retaliation to my intended complaint of retaliation against me for prior complaints about their multiple statutory violations, secret meetings, and the GM using the SCA’s attorney for her own private benefit.

99% of you can stop reading here. The rest of this blog is primarily links to laws and rules that were violated.

This detail is for the benefit of the NRED investigator to facilitate her completing the investigation with the required 60-day lead time before the June CIC Commission meeting where, hopefully, these issues will be adjudicated. 

The serious risk here is that a negative ruling could set a bad precedent for around 3,000 HOAs in Nevada if Boards or attorneys or managers could bypass voters and dump owners off the Boards for political reasons without any recourse.

What laws were ignored and what lies were told to get rid of me?

To “deem the board position held by Nona Tobin vacated as a matter of law” to be valid, legally-enforceable act, the following preposterous notions would also have to be true instead of the big, fat lies that they are:

  1. That I actually had made a profit, or tried to make a profit, or placed matters before the Board from which I could make a profit, when I did not;
  2. That I had failed to disclose a financial interest so that I could sneak up on the Board to catch them unawares to make them unwittingly vote for something that made me money;
  3. That the attorney or the GM or 6 members of the Board have the authority to deem me ineligible for the Board by declaring that I have a disqualifying conflict of interest and that they have the authority to impose greater eligibility, disclosure and recusal requirements on me than  the law ( NRS 116.31084(1)(a)(b)or NRS 116.3103(1)(a) or the SCA  bylaws 3.6, or SCA Board Policy Manual 4.4A(1)(2) impose on them;
  4. NRS 116.31036 and SCA bylaws 3.6 (both define the only legal way to remove a director) protections only apply to 6 of the 7 SCA directors, and those same 6 got the legal authority, magically from some unknown source, that permitted them to strip the 7th director of her legal protection from removal by any means other than by  a removal election;
  5. That NRS 116.3013(2)(d) (limitations on board power to define a director’s authority or term) and Board Policy Manual 4.3  (Director Authority) do not actually mean that 6 directors are prohibited from ganging up on a director by claiming that she is not “authorized” to act like, or be treated as, an equal director with an equal vote and with equal access to the same information and deliberations needed to make Board decisions.
  6. That the other 6 directors could simply decide in secret that I stood to make a profit from matters before the Board, and their decision superseded the conflict of interest provisions in NRS 116.31084 and  NRS 116.3103(1)(b) or SCA bylaws SCA Board Policy Manual 4.4A(1)(2)  that one would think applied equally to any Board member;
  7. That the 6 directors were acting as fiduciaries (acting solely for the best interests of the association membership) even though they failed to provide me or SCA owners ANY of the owners protections guaranteed by NRS 116, NRS 82, or SCA bylaws;
  8. That my quiet title litigation is inherently disqualifying regardless of the fact that SCA has no financial interest in the title, i.e., there is zero financial risk to the SCA regardless of whether the 8th district court  quiets title to me, or the bank, or the dentist who has possession;
  9. That my filing a notice of intent to file an intervention affidavit with the Ombudsman alleging harassment and retaliation constituted putting matters before the Board from which I stood to make a profit when I have no monetary claims for damages against the association;
  10. That my motion to correct the SCA litigation reports was putting matters before the Board that could make me money when the motion was to correct the willful misstatements of SCA attorneys to misrepresent the actual status of the quiet title litigation (all claims against SCA were dismissed on 5/25/17 and SCA has no financial risk in the remaining title dispute);
  11. That the secret vote of 6 directors was actually an official action of the “Board” as a whole in the 8/24/17 executive session despite there being no item to remove a director on the 8/24/17 executive session agenda and that the minutes provided were completely redacted to conceal that 6 directors kicked me off the board without due process by a secret vote in direct violation of NRS 116.31085 (3)(4)(5)(6) and, ironically, in explicit response to my notice of intent to complain about harassment and retaliation.

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