Adam Clarkson
(Sun City Anthem Association Attorney)
Rebuffed
by
Commission for Common Interest Communities and Condominium Hotels
A report by
Tim Stebbins
Sun City Anthem Resident and NRS 116 Expert
or
"Nevada Know How"
or
Click on our Information Page
From Favil West...to...Anthem Opinions
ReplyDeleteDick,
Just so you know, the HOA, that is the unit owners, are responsible for paying this fine.
When I was on the Commission we fined two board members and the HOA of Coventry several thousand dollars only to learn that the HOA was responsible to pay the fine.
That was the law then and I suspect it hasn’t changed. This is what an attorney can get you in to.
It should be noted that when John Leach was our attorney, we never faced this problem as he was the expert in NRS-116 and kept us out of litigation. He also billed fairly for his work.
For the record, he was not then and is not now, a litigator. But then smart HOA”s never find themselves in litigation.
To have two attorneys at a Commission hearing seems to me to be a a bit of overkill; that is, if both are being paid.
But then what do I know, I only served 3 years on the Commission hearing more than 20 cases during that time frame.
From Marty Greenblatt...to...Anthem Opinions
ReplyDeleteIf they followed the rule of thumb, I wouldn't be surprised if the HOA was billed as many hours for the preparation as the actual appearance!
A Board under siege is an HOA lawyer's dream!
Isn't it strange that the Commission's concerns about this attorney's 'guidance" and a Board' acceptance of his costly advice, somehow seem to apply to a former SCA Board member ?
ReplyDeleteHow about them apples !
Are you out there, Nona Tobin ?????
From Marty Winger...to...Anthem Opinions
ReplyDeleteWhere did this board find this guy?
He certainly has a way to go through life appearing to connive and cheat folks.
This guy needs to be dealt with now.
Marty,
ReplyDeleteYou are certainly right, but we both know this Board and General Manager love this guy for the way he operates.
In the spring with the new election, hopefully we'll get a good group of qualified candidates to run for the Sun City Anthem Board because this type of owner treatment can't continue.
Too many good people are being hurt as a result of their condoning such actions.
The entire bunch: Board, GM, her senior staff, and Association Attorney have more than shown none have been a "friend" of the homeowners.
We can deal with Clarkson in the following manner:
1. Electing honest individuals who care more about the community than themselves.
2. And then, sending the GM (whose "bat phone" to him has cost us thousands) and the Attorney packing to other horizons they can find to control.
From Robert Lachford...to...Anthem Opinions
ReplyDeleteAs the old saying goes “The 90% or so slippery attorneys give the entire legal profession a bad reputation”, my not be entirely true, but Tim Stebbins’ report leaves little doubt that our BOD drew the short straw by choosing this shyster to represent “us”.
I believe it was done on the recommendation of our community manager, which confirms my thoughts regarding her commitment to our community.
It seems upon reading of our skyrocketing legal costs, one must speculate on where the ideas the Board allegedly comes up with, benefiting our “legal advisor” financially.
I am referring to issues like ballots in a recall election by a high cost accounting firm, larcenous collection fees for overdue HOA dues, bIlling generously for representation at a hearing by the NRS ombudsman which I believe are designed to be held to eliminate expensive litigation, and any other situation where billable hours could be exploited to the fullest.
Now, I see the clowns have been let out of the phone booth, with another run at a restaurant in our recreation area.
I suspect the argument we may face about the promise for a restaurant being in the CC&Rs.
The CC&Rs, as previous noted state “try” to provide such.
Are past failures not conclusive?
Besides, we do have a restaurant in Buchman’s. Though not provided by the HOA, it is encompassed within our geographic boundaries, so should pass the test for serving residents and others.
The comments made by Rana Goodman are interesting, as to writing a disclaimer on the ballots to be sent out, to reject any subsides to the proposal, but with a gut feeling the law firm may have a hidden voice in this,
Possibly being able to nullify a defaced ballot, and I feel that we, as homeowners have no legal representation.