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Sunday, November 1, 2015

Nevada Real Estate Division Administrator Rules Board Restrictions...Will They Spend More on Attorney Fees to Dispute Rulings...or...Do What's Right !

On Thursday, October 26, 2015, our "Nevada Know How" columnist and Sun City Anthem NRS 116 resident, Tim Stebbins, published an article in our "Nevada Know How" Information Page entitled:

 "When Can Homeowners Control Association Decisions"

That article was published after consultation and receipt of an opinion by Mr. Joseph Decker, Administrator of the State of Nevada Real Estate Division.

When that article was published, we told you, our readers, that we would provide a follow-up as to the correspondence received by Mr. Stebbins, sent to him by Mr. Decker.

In that letter, Mr. Decker addressed the following concerns:

1. Is a homeowner vote required to approve a capital improvement expense?

2. Can Surplus funds be used to pay for capital improvements?

3. Does the ratification of a budget which contains a capital improvement expense equate to homeowner approval of the expense?

...and to those issues, Advisory Opinion 16-01 dated October 22, 2015 was received.

We have printed the conclusion drawn by the Real Estate Division as well as what we perceive to be the ramifications of that correspondence.

Essentially....it said...and our complete commentary can be found in our "Nevada Know How" Information Page that we strongly suggest you read.

Power Belongs to the People
not
A Board of Directors
in Capital Improvement Decisions

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"Nevada Know How"

6 comments:


  1. From Dorothy Yu...to...Anthem Opinions

    Yes, Power Belongs To The People, Not The SCA Board!

    Yet, how do we wake up these silent majority residents to REACT AND MOBILIZE to place our community back in in all of our hands ?

    ReplyDelete
  2. Dorothy, we must find competent individuals who have the best interests of our community at heart, rather than some strange need to control, to become candidates in our upcoming Board election.

    Write the members of this board and DEMAND they listen to the people...that this community is OURS...not THEIRS to toy with as they choose WITHOUT OUR APPROVAL.

    DEMAND they STOP running to an association attorney every time they get a hang nail....needlessly spending our dues to the tune of approximately $400 per hour in order to look for reasons to justify the waste and incompetence this and a number of past boards have been controlled and ENDORSED by those who are every bit as incompetent, have demonstrated for years.

    Most importantly...tell your friends that if change DOES NOT TAKE PLACE at the earliest opportunity, electing such incompetence will eventually catch up to all of us and have only one solution...

    ...INCREASING DUES and/or depleting our reserves to accomplish LITTLE other than feed their insatiable appetites to WASTE the hard earned funds all of us have spent our working years to accumulate in hope of maintaining financial independence in our retirement years.

    What Sun City Anthem must finally come to terms with is that Seff-Management, if led by incompetent individuals who have little relevant experience in financial matters, can only have one path..

    DOWN.

    ReplyDelete
  3. From Robert Nusser...to...Anthem Opinions

    It is time that the HOA Board stops acting like Washington DC....They are spending OUR money, not their money.

    ReplyDelete
  4. From Bud McQuillan...to...Anthem Opinions

    So what remedy and/or legal action is available to SCA residents to Stop this Board?

    Do we just continue to complain about money being squandered by a Board out of control?

    ABC 13 Darcy Spears where are you?

    Isn’t this a Board deserving of “HOA Hall of Shame”?

    I'm frustrated by the lack of action to correct a situation reported on week after week for several years.

    ReplyDelete
  5. Bud,

    There is no feasible legal availability to stop this Board...except....if they pass a capital improvement that the community is not in favor of.

    They don't realize HOW MANY RESIDENTS WILL JOIN IN THE EFFORT to obtain the number of votes to essentially override their decisions on capital improvements that are unpopular and expensive to our community.

    If they cling to the "loophole" referred to in the article....

    ...or look to an association attorney for guidance that is in direct conflict with the Real Estate Administrator's ruling...

    ...in my opinion, it proves they are mere CONTROL FREAKS and are NOT FRIENDS OF THE COMMUNITY.

    You can fool some of the people some of the time, but you can't fool ALL of the people, ALL of the time.

    The later is one of those moments in time.

    I am confident that with effort and a commitment to "doing the right thing", we can and will obtain the necessary 715 residents to say "NO" to their ludicrous decisions in a formal manner...

    ...something they could so easily avoid by simply allowing "the people" the right to decide their own fate on large financial expenditures.

    Why we would have to resort to such tactics....demanding accountability and a voice in financial decisions....is an indictment on the effectiveness of their leadership.

    What they must understand is that denying us our rights to decide...

    ...is essentially DECLARING WAR on EVERY RESIDENT OF SUN CITY ANTHEM.

    Join us in searching out new Board members who will have competence and integrity in representing their fellowman in a positive and unselfish manner.

    Let's refuse to allow a FEW BAD APPLES to destroy the WHOLE BUNCH.

    ReplyDelete
  6. From Jim Heero...to...Anthem Opinions

    The board should answer only to the residents of this community, not to their own self interests.

    ReplyDelete