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Wednesday, October 28, 2015

NRS 116 Expert Explains Sun City Anthem Board Authority Restrictions

This article was composed by Tim Stebbins, our "Nevada Know How" columnist and resident NRS 116 expert...Nevada Law pertaining to homeowners associations.

It was composed and written a few weeks ago following a number of discussions with a man named Joseph Decker, Administrator of the Nevada Real Estate Division.

We refrained from publishing it until Tim Stebbins received a response to the concerns expressed in this article...

...and on Monday, November 2, 2015...

... we will publish the response received from Mr. Decker.

...a response which should be both a "game changer" and victory for homeowner rights.

It's that amazing...and should revolutionize the manner in which association spending will, and should be, conducted for new projects and amenities in the Sun City Anthem community.

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4 comments:

  1. From Forrest Fetherolf...to...Anthem Opinions

    Dick,

    I read you article regarding Tim Stebbins' pending information from Nevada Department of Real Estate regarding HOA Capital Expenditures.

    Unless this is something new and enforced by NDRE in a time manner...it will be totally useless.

    Those of us being involved taking the time to "watch dog" our SCA Board of Directors activities have learned...the BOD will do whatever they want regardless of what the membership wants or NRS rules say.

    With the SCA attorney John Leach advising and running interference "protecting the BOD" and not looking out for the membership as one would think...will most likely result in no change regardless of this new information from Tim Stebbins.

    NDRE and the Ombudsman ere influenced by the powerful gang of attorneys like John Leach.

    When a case is filled with the "O", they sit on the case sometimes for years knowing very well the corrupt BOD will be long gone and no action taken or a reprimand letter with a slight hand slap.

    I was one of the lucky ones...I filed a case in 2009 against our management company facilities director Bruno Panek for allowing a shade structure to be built without following the normal guidelines published by the Nevada Contractors License Board or just using common sense hiring a contractor. As a result the Independence Center $22,000 shade collapsed during a 2008 8" snow fall in SCA.

    The "O" came back about a year later with a ruling...the then community manager was found guilty of dereliction of duty and told to attend some management classes. Bruno Panek was not punished, only mentioned of his poor work habits.

    The SCA management company did not fire Bruno Panek for his negligence, nor did Roz Berman (SCA Board President) insist on any action to be taken against Bruno or require the management company to repay SCA he $22.000 shade structure collapse loss.

    This is the way government works...everyone in "bed" together.

    I sincerely hope this new evidence will have some "teeth" to force board members to follow the rules.

    ReplyDelete
  2. Forrest,

    I can assure you...the article that will be published on Monday, November 2, 2015, will greatly surprise you ...AND The Board...

    ...and has a substantial affect as to the Sun City Anthem financial future...

    ...as well as the "character" of those chosen to represent residents.

    It will place a burden on our leadership and provide to the community, proof, as to their feelings about their desire to be representatives of the populous...and their promises to "represent" them.in substantial financial decisions.

    Their subsequent actions will have a strong indication as to THEIR TRUE FEELINGS about "the people" versus their NEED to CONTROL.

    Stay tuned.

    ReplyDelete
  3. From Barry Goldstein...to...Anthem Opinions

    How does this article affect the decision of transforming to self management?

    Does this mean a majority of the community must approve it?

    I agree with Forrest F that there must be some teeth in the ruling.

    Also under the current board policy manual the finance committee plays no role in determining if there are funds available for Community improvement projects.

    There is a misconception regarding this issue in our community.

    ReplyDelete
  4. Barry, this issue has to be with spending for Capital Improvements, not transforming to self-management.

    The Finance Committee will still be very much involved...as will other committees...but so will the unit owners in the community...in order for capital projects to go forward.

    Stay tuned for Monday's article.

    ReplyDelete