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Wednesday, October 18, 2017

Initial Court Ruling Tells Foundation Assisting Seniors They Must Leave Sun City Anthem Community Premises

Court Supports Sun City Anthem Board Position
Foundation Assisting Seniors Must Leave Community


Wednesday was a sad day in Sun City Anthem when a court ordered The Foundation Assisting Seniors, founded in 2002, to vacate the space they have occupied since 2005, the year the building was built.

Perhaps the saddest aspect of losing this organization that has provided medical equipment and various other services for those in the Anthem communities, is that the Sun City Anthem budget called for using the space occupied by that organization....

...as a dressing room area for entertainment venues in Independence Center.

See Page 56 of the 2018 budget.

It states:

"A request on June 6, 2017 by Performing Arts Club and Spotlight would like to have the current FAS space for storage of props.  Current storage space being utilized would then be converted into dressing room space."

What began as an attempt to have the Foundation pay rent for the space, appears to have ended with the same result....no rental income from the proposed substitute.

We called Favil West, President of the Foundation Assisting Seniors for comment. He simply stated:

"This litigation has just begun.  There are many steps that must be taken before the final decision is rendered"

As a side note, all of the directors subject to removal: Weddle, Nissen,  and Waterhouse voted in favor of removing the Foundation from Sun City Anthem.

 And when placed in that perspective, one has to ask...

"What were they thinking?"

"What are the priorities of those who made a decision to lose such a worthwhile group for a prop storage area or dressing room area?

Why?

It' so sad. A proud tradition of serving senior communities may have come to an end...for a prop storage area !

Got a comment?

Send it to us at:
  1. Part One of Two

    It is becoming quite apparent that Mr. Berman is completely out of control and is in need of medical assistance that goes far beyond his self admitted depression.

    No rational person acts in such a nasty and demeaning manner without some form of inferiority complex that requires constantly convincing others of his self worth...

    ...especially at the expense of others. It's sick ! 

    When we were children, we all learned that "actions speak louder than words", and with that in mind...

    What makes a man who has accomplished so little in life, go to such extremes to convince others of his importance when his past is littered with deceit, failure, and an unnatural desire to control at this stage of life?

    A sick man ...

    ...who is incapable of looking at reality unless through a world created by a pen in which he can proclaim himself an expert without relevant credentials.

    A sick man...

    ...who at the very thought of being exposed for his lack of success, must destroy any person at whatever expense he chooses to employ in order to disguise an inner insecurity while maintaining a facade of expertise his mind has created through the use of mind altering medication.

    Is he not capable of recognizing his actions are that of a bully who must use the most underhanded tactics to convince others...including himself...of his worth?

    Can it be justified to call a man, Forrest Fetherolf, Mr. Fix-It, a "clown" or "slippery" when Forrest's actions of helping so many in need are countless over the years...never seeking recognition, accolades, and rarely accepting any form of compensation for his help?

    Can if be justified to contact a widow whose husband took his life and make attempts to convince her that the Woodchips Club was responsible for the tragedy...

    ...at a convenient time when Forrest and another member of that Club were running for a Board position whom he opposed?

    Only to have one, Don Schramski, betray his fellow Club members a year later, and seek the Berman blessing ???

    Is that integrity, or a sick man?

    Can it be justified to sponsor a petition to have Rana Goodman removed from the Senior Citizens Advisory Commission, proclaiming a mass number of individuals supported her removal...when after examination, only 8 individuals...all his friends, signed it?

    Rana Goodman...the same individual who a few years later would be a crusader for Guardianship reform, traveling to Carson City numerous times to persuade lawmakers to pass legislation ending such abuse of the elderly.

    Is that integrity...or a sick man?

    These are but 2 individuals that had to be destroyed in the mind of an individual because they exposed him for his consistent devious actions that have cost Sun City Anthem residents thousands of dollars with his incompetent endorsements over the years.
  2. Part Two of Two

    The Berman world of influence on the "good old boy" network that Anthem Opinions has exposed; residents have experienced, and a number of former Sun City Anthem Board members have been kind enough to write detailed articles and comments as to the chicanery his publication and those he actively supports have committed, speaks loudly as to the misery he and his followers have caused the Sun City Anthem community.  836 people signed "no confidence" petitions against a General Manager...12% of an entire community...in just 5 weeks, in the middle of summer. Did those individuals sign it for a good reason?  Of course they did; they were being subjected to demands that were changing their lifestyle by a woman and her management team being paid an astronomical income many felt unjustified.

    How he or any person can support the manner in which this removal election has been deceptively handled while innocent individuals constantly are asking question after question as to how to cast ballots, where to obtain them, or even seeking the most basic information without receiving any information from community management, should cause any HONEST person to ask themselves....

    Why, if those individual Board members not being recalled, would any of them not speak out as to the very fairness of the way the entire process has been handled?

    That silence is deafening and has cast a cloud not just on them but on an entire community...a cloud that has shown that no matter how shady the tactics, they obviously find them acceptable.

    Is this the depth of the lack of integrity our Board has stooped to? 

    Must they rely on a blogger who lost a law license to dishonesty and exhibits abnormal hostile behavior, be their spokesperson in order to exist?

    Is power on a Board and lately so obvious on various committees, so important as to support any of the devious removal actions taken ?

    God help all of us, Sun City Anthem.

    We are in the hands of the most dangerous of individuals, and looking the other way, ignoring what is right before your face, and desiring to maintain it, leaves one to question the morality of the society in which we live.

    Is David Berman a man to be used as a role model?

    Better yet, what kind of people would look at him as one?

    Answer:

    A Sun City Anthem Board that needs to be removed
    .
  3. From Barry Goldstein...to...Anthem Opinions

    Regarding the space currently occupied by the Foundation Assisting Seniors, the documented evidence states:

    TBD.

    As soon as the board filed the lawsuit, someone put in a proposal for this change.

    They could not definitively make the change until the suit was settled.

    As you said,Dick, who is going to pay the $1,000 per month rent they wanted from FAS?
  4. Barry, thanks for the clarification.

    I will be more than happy to retract the comment of the FAS space re-purposed it the Spotlight and Performing Arts Club immediately withdrew their request.

    Well clubs, what say you?
    1. From Douglas West...to...Anthem Opinions


      This was sent to the Ombudsman's office:

      Reneece A. Jackson
      ADMINISTRATIVE ASSISTANT
      COMMON-INTEREST COMMUNITIES AND CONDOMINIUM HOTELS
      NEVADA REAL ESTATE DIVISION
      OMBUDSMAN’S OFFICE
      3300 W. SAHARA AVE, STE 325
      LAS VEGAS, NV 89102

      PHONE: (702) 486-4480

      FAX: (702) 486-4520

      rajackson@red.nv.gov

      My name is Doug West.

      I own two properties in Sun City Anthem. 

      I support the recall of the board members due to, in my opinion, financial irresponsibility. They refuse to adopt a purchase policy or a bid and specification procedure. This has lead to numerous costly projects that have been done incorrectly and/or highly overpriced. 

      My second ballot was not received by us.

      I don't know if the tenant threw it away or what as it looks like junk mail.

      I almost threw my personal residential ballot away.

      There are many absentee owners and landlords whom do not live in the area. 

      No information is given in the ballot request as to the pros and cons of the recall.

      No information was published in the monthly magazine. 

      Absentee owners have no source of unbiased information to make and informed decision.

      In order for me to get a replacement ballot I had to go to the CPA office, produce a copy of my deed and provide my id. Much more onerous than voting for president. 

      This process is flawed in numerous areas which I believe should be investigated by an appropriate governmental agency.
      1. Doug,

        I commend you for taking the time to send an email to the Nevada Ombudsman regarding the removal election.

        I did a Map Quest between Anthem Center and the CPA office and it indicated a drive of 24 minutes.

        Why they wouldn't mail it to you and what they demanded to obtain a ballot that was originally improperly sent to you, is yet another reason we hope people will write, complain, and take the time to complete a formal complaint (Intervention Affidavit).

        All of this might not be completed by the time the election ballots are due, but any formal complaint MUST BE INVESTIGATED, and as of now there are MANY filed.

        This could result in uncovering such corruption that a new election might be ordered by the Nevada Real Estate Division; and if the charges are so severe, could cause them to REMOVE THE ENTIRE BOARD and run Sun City Anthem until a special election is held.

        To all of our readers, if you are as upset about the manner in which this is handled, please take a few moments and write an email to:

        Reenece Jackson

        rajackson@red.nv.gov     (Just click on the email address to start your email).

        ...and follow it up with a formal complaint.
        1. Looks like the "nasty brigade" is at it in full force at David Berman's hang out.

          Some person who until now being referred to as "M", has finally identified himself as a man named Robert South.

          And for that, I am indeed indebted. At least someone on the Berman blog is willing to use a "supposed " real name....which I promise, will be stored for future reference.

          Actually I thank "M" or Mr. South or whatever his real name is, for such derogatory commentary.

          It paints the perfect portrait of the individual who opposes the Removal and the eloquent manner in which they, like that blog author, demonstrate again and again...their three common attributes:

          ...ignore the issues

          ...kill the messenger

          ...and do so, in a manner which brings a clear definition to the words "low class".

          Thank you to our readers to not stooping to such gutter trash. Then again, we would never allow such senseless insulting garbage to be printed in the first place.
          1. Hmmm...nothing from the Performing Arts or Spotlight Clubs thus far about rescinding their request for the space currently operated by FAS.

            So, maybe the other blogger was...shall we say....doing his "half truth" thing !

            Put up or shut up, Mr. Barnum.

            We still have the emails from the President of the Spotlight Club telling people who to vote for in the last Board election...and...referenced YOUR NAME.

            All we want is the Spotlight Club to say, they no longer want the space.  We know the request was made within a very short time of the Association filing the lawsuit against the Foundation.  Coincidence or "inside trader" information again?  Sounds like Spotlight and their shill were "circling the wagons" lying in wait.
            1. From Patsy McCarthy...to...Anthem Opinions

              Frankly, I don’t know why Spotlight and Performing Arts would want that space for a dressing room in the first place. I believe that there is no door from that space directly into Independence Center.

              You would have to go outside and around the building to get to Freedom Hall. Suppose it’s raining? Would you want to walk through the weather in costume?

              Or, would you want to walk around a building to make your entrance on stage?

              What about communication between the stage manager and performers between two separated places?

              I was extremely active in community theatre for 40 years before I moved her. I did everything from directing, being the star and cleaning the toilets…..that’s what a real community theatre group does.

              They would have to do the same thing to move flats and props into Freedom Hall for a production. And, if some other club or Anthem has the stage for a production, then the flats and props would have to be moved back to the separate facility.
            2. That's a good question, Patsy. With that in mind one would wonder why they would want such a space...unless of course all of your "expensive" concerns are actually part of the plan.

              Incidentally, have you noticed that neither Clubs have yet to rescind their requests in lieu of the Berman article?
            3. To David Berman:

              Mr. Berman, is your blog about issues or merely concerned about others as constant targets of your harassing comments?

              Do you really believe that most people can't see that such articles accomplish nothing other than allowing people to see the real you, the cowardly individual who uses the art of journalism to disguise an inner hatred of people in so many cases?

              The hatred, jealousy and constant barrage of insults you make toward so many, shows you to be a small man of little character whose moral fiber is consistent with that of a bully.

              You fool no one other than perhaps the other bullies who namelessly populate your blog, making similar condescending remarks toward individuals...

              They are, what you are....and you are, in the eyes of many, a poor role model on which to base their lives.

              It is now common knowledge that your life has been filled with failure, dishonesty, despicable actions toward your fellow man, and the unnatural need to "be a somebody".

              Finding such demeaning remarks about human beings to be informative or entertaining shows an upbringing that is far from what most people would call mature. 

              In fact, most with any sense of decency, would find it appalling.

              It is widely known your career in the legal field was a disaster; betraying the trust of a client, and forgery of a judge's signature, acts which honorable people with integrity would never consider.

              Acts a person of questionable character...would...

              ...a decision on your part that eventually resulted in the suspension of your law license, which to the joy of an honest public, you never requested reinstatement...

              ...as if any individual would have ever hired an attorney with such a despicable record of disgracing a career, by freely violating the trust of an unsuspecting public you pledged to honestly represent. 

              Your many disturbing articles indicate a character flaw that all to often mirrors those of a dangerously ill individual in need of close personal care and more than closely related to that of a bully.

              We know your past; the violence you exhibited toward a resident picking up a chair at a meeting and threatening to hit her with it; holding the record in Sun City Anthem for the largest number of resident complaints filed against you...

              ...until your wife, as President, pushed through the repeal of the "code of conduct" violations, to avoid a community looking at the disturbed individual she would have had to exhibit to a community.

              We know how you made every attempt to persuade a widow to sue Sun City Anthem in an attempt to blame the Woodchips Club for her husband's suicide...simply because two of the members you opposed were running for a board position.

              We know how many restaurants you actively supported....and....all failed.

              We know how often you intrude on the privacy of individuals in your belief that you have a right to do so.

              We know how delusional you are in how you perceive yourself, while many in the community look at you as "The Fool on the Hill."

              We know you for the bully you are, and likely always have been.

              We know...you need help.

              Now...the time has come for you, Mr. Berman, to get it. 

              No mature sane adult acts in such an abnormal manner.

              Concentrate on things like issues of a removal, and defending the corruption you need to exist as a human being.

              Your record in life is that you never have, and never will, exist in an honest world. 

              That would have required character and moral fiber, attributes that somehow escaped your gene pool at birth and demonstrate their lack in you each time you write the most demeaning of commentary...

              ...commentary whose only subject and sole purpose is harassment....

              In other words..that of a disturbed BULLY.

Newest Community Blog "Tells It Like It Is" Part Two of Two


Discarded Sun City Anthem Board Member 

Nona Tobin
Speaks Out in Newest Community Blog

(Part Two of Two)


https://2.bp.blogspot.com/-mHd81PtRsgs/WePs967xsZI/AAAAAAAAHGg/2p7bPVDMNnoVt_CmDlSuAZ5w93VMQOJ-ACPcBGAYYCw/s1600/SCA+Strong+Blog+Logo.jpeg


I think this flagrant disregard for treating a duly elected member of the Board with common decency is another reason owners should vote these Directors out. 

They are simply not being fair and taking care of the interests of owners. 

They are willing to go to extreme lengths to prevent a dissident voice from being heard—even breaking the law. 

This simply should not be tolerated until the next election.
Indeed, the overwhelming bulk of the allegations against the board members seem to me to be emotional in nature, phrased in vague language, with no examples given or facts cited in support.”

If you want specific examples, I’ll post my notices of intent to complain (which were used in a gross convoluted gerrymander as the basis for saying I was putting matters before the board to make a profit), and I’ll post other documentation of improper conduct on my new website www.scastrong.com

I started the website in an attempt to restore my reputation from damages caused by the atrocious lies that have been said about me in the process of kicking me off the board.
What the allegations reveal to me is that there are some people who live in Sun City Anthem who simply disagree with decisions made by some board members, or who simply do not like some board members. I don’t agree with all of the decisions made by the board. But, in my view, that is simply an insufficient basis to overturn the results of free and fair elections, results that the supporters of recall are apparently unable to achieve through the election process.”

Again, this is a cogent argument for reversing my unlawful removal, but it is not a good argument against having a removal election called for by over 10% of owners.  

Although the law does not require that directors only be removed for cause, it does require that 10% of the owners call for a removal election. 

Then, it requires that 35% of owners vote in favor of removing the named Directors AND that the majority of those who actually vote must be in favor of removing them. 

The law provides for an alternative to the annual elections, but is designed to make it very difficult.

Doesn’t it seem incongruous that the same Board members who are protected by these very stringent legal requirements from being removed from the Board for frivolous reasons thought it was within their authority to issue an edict that remove one of the Directors without regard of this law by six of them simply voting in secret to declare it?

I think the petitioners called for the removal election for reasons much more substantial than just disagreeing with a few Board decisions. 

I think the reason so many people want a removal election of Rex, Aletta, Tom and Bob is because they are not doing a good job at ensuring that all of the people here are treated equally and fairly, and they are very dismissive of community complaints without taking appropriate action.
None of these four Directors even acknowledged that that there might be a slight possibility that they personally needed to show some leadership to correct the management problems and policy deficiencies identified by the petitioners. To just blow the petitioners off as whiners and complainers and do nothing about the issues they raised is not treating owners fairly. Then, to berate them for NOT wanting to wait until the next election to get new Board members (that will be more responsive to the owners’ needs) just exacerbates the problem.

Over 800 owners signed petitions to remove four directors who, in the view of at least those 800 people, have a very strong bias against listening to people and against meaningful owner involvement in governance. 

But the biggest issue which has been glossed over is that many people want these directors out because they have a big blind spot when it comes to the General Manager, Sandy Seddon. 

Nobody is complaining about how well she handled the deferred maintenance, but many, many people are dissatisfied with the way they are being treated and the Association is being managed.

At the last Board meeting while the budget was being discussed, the board spent most of their discussion congratulating themselves and absolutely gushing over how pleased they were that Sandy answered all their questions—unlike the former management company that kept proprietary secrets. 

I would love her too, and so would all the petition signers, if she treated all of us homeowners like she treats the board members she likes.
But, in my view, that is simply an insufficient basis to overturn the results of free and fair elections, results that the supporters of recall are apparently unable to achieve through the election process.”

In this case, there is cause to justify removal of these directors without waiting for the next regular election. 

The causes cited in those petitions are really big problems to the 800+ people who signed them and those people’s concerns have been ignored, marginalized or insulted by the Directors they want removed.
A successful recall election could be expected to chill the willingness of qualified residents to serve on committees and boards. Why would anyone want to do so, knowing that they will be subject to personal attacks and vilification? Would you want to serve under such conditions? People who serve on the board and on SCA committees are our neighbors, and in some cases our friends. They are all volunteers. They freely devote substantial amounts of their time to our community.”

On the other hand, I worry a great deal about the problems that are perpetuated because this Board has a strong culture against utilizing the expertise of owners and for attacking people who try to bring forward suggestions for improvements or better management or governance practices. 

These are the things that I think chill the willingness of qualified residents to serve.

The way I was treated as a Board member was horrible, but it was covered up and glossed over so you and the community don’t know a fraction of what happened behind the scenes. 

Even still, there are people who have told me that they would never go on the Board because it is so dysfunctional and abusive to anyone who tries to  stick up for the little guy.
I believe that they act in what they honestly believe are the best interests of the SCA community, as a whole.”

Don’t you think if hundreds of people started collecting signatures to remove you, that you would try to find out what their problems were and work with them to try to solve them? 

That’s not what these directors did. 

They did not treat the petitioners as having any value. 

They did not treat the problems the petitioners defined as even being worth their notice or any response. 

They attacked the messengers and called them “CAVE people,” never once responding to a single issue raised on its merits. 

The Board never answered, but they had a full defense mounted by blogger David Berman whose campaign against the removal election has been to discredit the people who raised the concerns and to reject the need for the Directors facing recall to take any personal responsibility for corrective action.
I have seen no evidence to suggest otherwise. Are they perfect human beings, incapable of making a mistake on an issue? No more or less than any of us. Why then are they being portrayed in such an abusive manner?”

You want specifics. 

Here are a few. 
These Board members have taken multiple illegal and unfair actions. For example,
  • They unlawfully over-delegated to management control over Board functions such as the budget and banking (By-laws 3.20; 3.18 a, b, e, f, g, i)
  • Making decisions in secret meetings, (NRS 116.31085; By-Laws 3.15A)
  • Refusing to create an adequate policy framework to protect SCA as a first-time employer;
  • Failing to ensure the official record was complete and uncorrupted,
  • Allowing the restaurant to be closed indefinitely (CC&Rs 7.2 (b) and 7.9)
  • They violated By-Laws 6.4(c) to prevent my access to ANY association records because they did not want me to make inquiries into the GM’s compensation.
They also refused to treat me like an equal director during my entire term of office primarily because I expressed strong opposition to the practices mentioned above and unlawfully excluded me from board meetings wherein they took action against me and the Foundation Assisting Seniors.

The ruse used to “deem my position vacant” was that I had put matters before the Board for personal gain. 

I will post a list of the matters I put before the Board on my website, and you will see for yourself that there is no way their pretext for removing me has any merit whatsoever.

Forgive me if I am not sympathetic to how unfairly they think they are being treated by people who are calling for a legal removal election.
A successful recall would also likely have a negative effect on all of our property values, since potential buyers who research SCA on the internet will become aware of the turmoil and instability that a successful recall would no doubt generate. Would you want to buy a house in such a community? I wouldn’t.”

The real question is—do you want to live in a community where the Board takes the law into their own hands and disregards the legitimate vote of the homeowners as this Board did when they removed me?

This letter and the on-line postings against the recall election are part of a huge effort to defend a Board that does not hold itself accountable for obeying the law?

I ask you—why aren’t those that oppose the recall on principle, making an equally strong objection to the arbitrary removal of a duly-elected Director without any petition or removal election or owner vote whatsoever?
If you believe, as I do, that the recall should be defeated, I urge you to cast your vote promptly, by carefully following the instructions you will receive along with the ballot.”

Mr. Goldfried has every right to send out his letter in opposition to the election recall. However, the Board and management’s interference in the process is another matter. 

I have submitted several complaints regarding interference with the removal election process which are currently being investigated by Christina Pitch of the NRED HOA Investigations Unit. The most recent issue has been the General Manager’s refusal to post in the online Board Book the Update on the Removal Election because (according to her) it was only supposed to be an oral report.
We cannot take the chance that the recall might succeed. I view it as vital to the continuing well being of SCA to defeat the recall, and to do so resoundingly. A successful recall would set a dangerous precedent for our community.”

Don’t you think that the actions six directors as outlined above and the secret voting to remove a director they don’t like, is a much more dangerous precedent?
We would then be likely to see recall elections after every board election, because no one candidate is going to satisfy everyone all of the time. Chaos would result. That doesn’t make for a community that I, for one, would want to continue to live in. Would you?”

That last paragraph is riddled with hyperbole. 

We currently have a blatantly egregious Board of Directors that has stirred up 800+ community residents to the point that recall petitions were circulated against four of the seven members. 

You might call this, “The Perfect Storm” and something that has never before happened in this community. 

I would hope not to see the need for another recall election in the near future and certainly not four members at once. 

To move people to “chaos” takes more than the simple fact of not having their favorite candidate win an election. 

And with a seven-member board, one bad actor on the Board would not likely cause an uproar because that person would likely be out voted by the good members of the board on most issues..

The fact that there is a recall method specified in NRS 116 and the By-Laws and that the owners do take an active role in maintaining the community is a very positive selling point for future residents.
If you are unsure how you are going to vote, or if you support the recall effort, and there are any questions that you have about it, please do not hesitate to contact me. I may be able to provide you with facts that you don’t already have. I would welcome the opportunity to at least discuss the issues with you.”

Please look at both sides of this issue and be sure to look at www.SCAstrong.com where I will post the actual documents and evidence to support what I have outlined above and more. 

To get updates in your inbox, subscribe to our newsletter

Thank you for your attention.

- - - - - - - - - - - - - - - - - -
Anthem Opinions sends its best wishes to Nona Tobin and welcomes "SCA Strong" to the Sun City Anthem Community

Tuesday, October 17, 2017

Newest Community Blog Tells It Like It Is ! (Part One of Two)

Discarded Sun City Anthem Board Member
Nona Tobin
Speaks Out in Newest Community Blog
(Part One of Two)


May of you are aware of the unconscionable treatment by which the Sun City Anthem Board maliciously took it upon themselves to remove Nona Tobin and subsequently replace her.

Nona Tobin has recently established a web site / blog that we HIGHLY recommend you subscribe to and read on a regular basis.

It provides the community information from one who has experienced the wrath of a fellow Board who have demonstrated they care little about Nevada law.

The web site is called "SCA Strong" and we highly recommend you subscribing to this FREE newest and informative piece for the benefit of Sun City Anthem residents.

SCA Strong

Here is an excerpt from a recent article published.

"On October 3rd many of you received an email from Bob Goldfried regarding his opinion on the upcoming recall ballot. I would like to take this time to address Mr. Goldfried’s objections.

First, let me state that there is a reason that a recall election process is in place. Just as the election process allows the residents of this community to have a voice in how the community is managed, it also allows that voice to be heard if they feel it is being mismanaged.

In addition, the recall election process SHOULD also prevent the Board from arbitrarily removing another Board Member. However, as many of you know, the current Board unjustly and illegally removed me from my position without a vote of the owners that elected me.

Regardless of what happened to me, the required number of members of this community have legally filed petitions to recall three of the current Board Members and therefore, the Community has the right to vote on those petitions. My goal is to promote a fair system that will ensure that owners’ votes count, and that Sun City Anthem has a board that acts lawfully to ensure fair equitable treatment of all owners.

The following (in italics) is the letter sent out by Mr. Goldfried. 

I will in turn address each of his comments with my own opinion on the subject below each excerpt, and leave you to make your own decision.
“By now you have received a ballot in the mail regarding a recall of three SCA HOA board members. During the four years that I’ve lived in Sun City Anthem, it has become apparent to me that our HOA board members are elected in free and fair elections, open to any candidate who decides to run. We have an election every year, in May, alternately for three or four of the seven board member positions. If homeowners do not support current board members, those homeowners have been, and continue to be, free to find candidates who they do support, and to vote for those candidates, in duly held regularly scheduled annual elections. For that reason alone I am opposed to the recall, quite independent of who is currently on the board.”

Why should owners not use the legal removal election process if more than 10% of the owners legally call for it?

The law governing how volunteers are annually elected to HOA boards also specifically defines the only lawful way elected directors can be removed – by an owner vote. 

 For the reasons mentioned, the removal of a director is higher bar than getting elected in the first place.

NRS 116.31036 (1

“…any member of the executive board, other than a member appointed by the declarant, may be removed from the executive board, with or without cause, if at a removal election held pursuant to this section, the number of votes cast in favor of removal constitutes:

(a) At least 35 percent of the total number of voting members of the association; and

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

The lawful method for calling for a removal election is also specifically defined:

NRS 116.31036 (2)  

A removal election may be called by units’ owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of voting members of the association.

Therefore, it is legally required to conduct a removal election if more than 10% of the owners call for one—whatever their reasons. 

Their right to do that is protected and should be respected even if their chance of success (even without active campaigning against it) is small.
Moreover, the recall petitions do not allege any criminal conduct, fraud or other dishonesty, or gross abuse of discretion on the part of the three board members.”

This is not true

There are many recent complaints filed with the Ombudsman which are now assigned to NRED investigators. 

I filed four of them myself because of intolerable actions taken against me personally or that I observed being unfairly taken against other owners. 

(In 13 years living here, I have never before filed complaints with the state against the HOA.)

It is not surprising that you have the misconception that you do since there is active, full-on corruption of the official record to conceal what’s really going on in this community. 

This involves all the directors against whom petitions were signed. 

For example, the Board President and Secretary blocked a clear statement of my complaints from being placed on the agenda (as required by NRS 116.31087) and therefore dismissed my legal right as a unit owner. 

The Board Attorney also allowed six members of the Board to meet without me, the seventh (and supposedly equal), Director.
While the law does not seem to require such culpable conduct as a prerequisite for recall, shouldn’t we, as responsible, mature people, require evidence of criminal conduct, fraud or other dishonesty, or gross abuse of discretion, before we take the extraordinary step of recalling fairly elected board members?”

This is a very well-reasoned argument and fully supports my claim that my removal from the Board on August 24 without notice or due process, and certainly not by 35% of the owners voting me off in a legally-mandated removal election was neither legal nor fair.

The six members of the Board took actions in secret against me without even hearing both sides of the issue, let alone indemnifying me or providing a defense or an open hearing, as requested and legally required. 

This unacceptable practice of deciding in executive session to take action against someone without giving them a chance to defend themselves is ALSO what happened when they decided to evict the Foundation Assisting Seniors

I would argue that those actions alone were “dishonest” and a “gross abuse of discretion.”
Or are our annual elections simply a charade, a waste of time, subject to being reversed at the will of a dissatisfied minority, regardless of the merit of their claims?”

Having a removal election does not make the annual elections a charade at all. 

However, how I was removed certainly does.

Six members of the Board secretly voted to remove me from the Board seat that 2,001 owners had elected me to fill just 116 days earlier

Doesn’t that look like they just thumbed their noses at the 2,001 owners who voted for me?
Shouldn’t we, as responsible, mature people, require evidence of criminal conduct, fraud or other dishonesty, or gross abuse of discretion, before we take the extraordinary step of recalling fairly elected board members?”

You are right. 

They should not have kicked a Director off the Board without any evidence of wrongdoing, but they did.

The allegations that I was making a profit from my board position were patently false and beyond ludicrous, but more to the point of your argument, they should have produced some evidence, filed a complaint against me, and gotten a ruling from proper authority

But, they didn’t

They secretly decided based on no evidence that I was guilty and that they had the “fiduciary duty” to declare my board seat vacant immediately upon my being handed the notice of their action.


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Tomorrow...Part Two
  1. From John Turzer...to... Anthem Opinions

    Sun City Anthem is one of the top 55+ retirement communities nationwide. We have over 7,100 homes. My wife and I have lived here since 2006. Until 1/1/17 the quarterly HOA was a VERY LOW $250/quarter. There were 2, 3 times when the quarterly dues was waived. Wasn't there a problem a few years ago that we had too much money in the HOA?

    This year the dues went up about a $100 a year. Minimal given the size of our complex, the amenities and common areas.

    It appears that some residents are not happy with this increase.

    Name one thing that has not gone up since 2006. Our facilities and common areas are close to 20 years old.

    Things break, wear out and become outdated.

    First class amenities ate one of the reasons our home values are high and Sun City Anthem is a highly desirable destination with a low inventory of homes for sale.

    Secondly a decision was made about 2 years ago to discontinue using a third party management company and "self manage". While I am not a proponent of this change fearing that the board would micro manage the general manager I am very happy with the professionalism of our GM and enjoy reading her monthly reports. Much more detailed and informative than when we were managed by a third party.

    There appears to be a group of unhappy residents.

    Though the rumor mill I heard they asked the board for things they did not receive. Hence a recall! I did not research this.

    The recall letter and ballot leave many unanswered ???

    The letter contained no explanations.

    Residents I called knew nothing about it.

    What I have learned came from on line searches.

    The restaurant matter has been a fiasco since day 1.

    Million dollar view but... why not find out what makes restaurants in other sun city communities like sun city grand in the Phoenix area work. If nothing will work, use area for something else and move on. The restaurant will never be a money maker for the HOA.

    Let's act like adults and allow the board and staff to professionally manage our multi-million dollar asset.

    If you don't care for the board, run in the next election. The American way.

    This recall is a waste of time and energy, has created many rumors and "smarts" at a group of people with just too much time on their hands & and a lack of knowledge about how to maintain and manage a multimillion dollar asset that most of us enjoy and recognize how our facilities and common areas positively affect the value of our home.
  2. Part One of Two

    John, it's impossible to address all of your comments, but in my estimation, in many cases, you seem to criticize certain elements of SCA, yet because he dues seems reasonable, everything else seems to be acceptable.

    Have you ever considered they could be lower if we were more efficient?

    I too have been here since 2005.

    First, there is no argument as to the dues. It is a moderate amount now, and there is no argument as to the need for repair and maintenance. 

    That's what dues are for.

    This entire recall is not about dues...now...it's about people and how they are governed, managed, and treated.

    Let's begin with the General Manager and members of her staff.

    Can you justify paying the following incomes:

    1. General Manager-----$270,000
    2. Community Association Manager...$105,000
    3. Facilities Director---$154,000
    4. CFO---$200,000
    5. Activities Director---$95,000

    Sun City Summerlin has 7,800 homes, 4 restaurants, and 3 golf courses. Their GM is paid $160,000.

    Sun City Anthem has 7,144 homes, no restaurant, and the golf courses are privately owned. We pay nothing.

    She was recruited by having provided her a private plane for her husband to fly her here, a $1000 dinner at Anthony's at the M Resort, and two days of interviewing there at a cost of over $1,100 when that could have and should have been done on our campus FREE of charge. Did you know we also paid $98 for a pot of coffee? All documented.

    Did you know that certain members of the Board were barred from the interview process?

    Are you a member of a club? Ask them how "life has changed" since the arrival of the new GM.
  3. Part Two of Two
    Do have any idea how entertainment is now affected? I suggest you contact an entertainer who would like to perform and the costs they now incur and the "strings" pulled to get a show. It would sicken you if you did. Ask the Clubs what they now have to go through to even put on a show for their members.

    Let's talk about the Liberty Center. CCRs state you cannot authorize a major lawsuit unless you have a sufficient number of residents who agree to proceed.

    No resident was given the opportunity in any way to dispute the merits of the lawsuit.

    A vote was taken, the sufficient total was not received, but this Board went forward with the suit anyway. As a result, any person selling a home must disclose that major litigation is pending. That will affect home sales and if you think Pulte will just lie down and pay, you are in for a big surprise.

    Now let's address some of the other actions of the Board.

    To my knowledge, there are now about a dozen formal complaints filed for actions that have violated Nevada law.

    Are you going to tell me that they had the right to remove a Board member without even allowing her the opportunity of a defense...a defense she is entitled to by law?

    Are you going to tell me this election isn't stacked with corruption in the manner it's been run? 

    There has never even been a formal announcement to the community a recall exists...until they got some deceptive letter in the mail from a CPA firm no one heard of that most tossed. You think that was an accident or collusion in order to anything possible to stack a deck.

    We are now $90,000 over budget in legal fees, and NONE OF THAT HAS TO DO WITH THE REMOVAL ELECTION.


    Restaurant? 

    Come on, do you favor losing $40,000 in loans...YOUR MONEY... due to the "professionals" you refer to not being smart enough to vet the loans? That's 5 restaurants now, John. All gone.

    ...and now, they want another one, this time they WANT TO have YOU finance it through additional dues payments?

    Have you ever known anyone who has used The Foundation Assisting Seniors? Do you prefer their space being vacated in order to have A BETTER DRESSING ROOM FOR ENTERTAINMENT?

    It's in the budget, John. Have you ever taken the time to read it?

    And the financial reports you believe are so accurate? 

    They have lacking SUBSTANTIAL information as to the manner in which they were prepared, the result of which will have to result in higher assessments to maintain financial solvency.

    I suggest you look closely at the backgrounds of those who complain.

    Most are EXPERIENCED and SUCCESSFUL business people whose knowledge is far superior to most; have legitimate concerns, and are NEVER APPROACHED for any kind of advice or guidance in financial matters.

    Last but not least, those people who you believe have too much time on their hands CARE about the financial future of their community.

    I have to ask you, what did you do for a living before you retired?

    Many of us would like to see your credentials in order to examine if you are in a position to criticize those whose backgrounds have substantial financial knowledge and years of experience.

    What amazes me most about your comments are the questions you have raised which essentially revolve around competence, yet you still maintain we have professionals doing the job...

    ...that a relatively low dues assessment justifies all the waste and manner in which people have been treated.
  1. I am becoming convinced that the HOA Directors fall into the same category as does their Blog Mouth Piece: People in Need of Psychological help.