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Sunday, October 22, 2017
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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:
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)
Speaks Out in Newest Community Blog
(Part Two of Two)
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.
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.
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.
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.
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.
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.
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.
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.
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,
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.
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.
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..
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.
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Thank you for your
attention.
- - - - - - - - - -
- - - - - - - -
Anthem Opinions sends its best wishes to Nona Tobin and welcomes "SCA Strong" to the Sun City Anthem Community
Anthem Opinions sends its best wishes to Nona Tobin and welcomes "SCA Strong" to the Sun City Anthem Community
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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.
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.
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?
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?
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.
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.
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.
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.
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.
Incidentally, have you noticed that neither Clubs have yet to rescind their requests in lieu of the Berman article?
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.
My question is if there is to be a storage area & new dressings rooms then it should be for any club that uses the theatre not just PAC & Spotlight.
There are quite a few more clubs that use the theatre and they don't have a right to discriminate, we all pay our dues.
If it becomes a common area then it is open to anyone paying dues.