Archive for September 2008

Review-Journal Highlights SCA HOA Issues

Sherman Frederick, publisher of the Review-Journal who also writes on general interest topics, communicated with a SCA resident over the past week-end and decided to open up a new blog topic under “More Las Vegas HOA Scrutiny Coming“.

So far, most of the comments have focused on SCA issues.  Director Weinstein and former director David Berman were quick to continue their practice of personally attacking Director Frank and posting false and self-serving comments.  The question remains: why are so many current and past board members afraid of an independent, forensic audit?  Such an audit is the only way that we can achieve peace for our community.  Let’s get it done.

Here is the link to the R-J blog:
http://www.lvrj.com/blogs/sherm/More_Las_Vegas_HOA_scrutiny_coming.html

Dixon Accused of Willful Law Violations

After working for over a year with two sets of fellow board members and the Community Manager to seek ways to serve this wonderful community without resorting to legal disputes, I have been forced to begin the distasteful process of seeking justice through the State of Nevada.

On September 25, 2008 I filed a 264-page affidavit accusing former board president Mike Dixon of willful violations of Nevada Laws.  Unlike his bogus and bullying attacks on me last year, my allegations are extensively supported with facts.  I believe the facts will be shown to prove this community and I have been deceived and violated and that severe punishment is warranted.  It is is now up to the Real Estate Division to investigate and conduct a public hearing.

Here is the link to the basic affidavit of 15 pages.

This is the link to the notification letter and Mr. Dixon’s reply.

And, this is the link to my analysis and comment on his reply to my letter.

Links to all 35 attached items of evidence will be linked here–as time permits.

Please keep in mind that the attacks against me (and other fine members of this community) have been about apparent financial misconduct, and the desires of certain board members and former board members to cover up the evidence.

The basic goal for the past two years was to get a truly independent, forensic audit accomplished that covered the 2004 to 2007 time frame so that our community has a clear financial baseline for the future.

You should wonder why do so many individuals work so hard to block the accomplishment of such a basic business function of a forensic audit (of all accounts including reserves) for the period of transition from the developer to resident control?  There are millions of dollars of community funds involved.  When all of the financial facts are finally surfaced, the community will benefit from knowing the truth.

Bob Frank
SCA Director
bobfrank@cox.net

Cancelled: Sept. 24 Seminar

The September 24 Construction Defects Educational Seminar has been canceled by the Board.  There were two attorneys approved to speak by the board officers, Roger Grant and Francis Lynch.

Mr. Lynch canceled at the last minute due to his court demands this week on the Kitec Class Action Suit.   Mr. Lynch’s cancellation came too late to find a lawyer substitute, and board officers would not allow anyone else to fill in.

The October 29 construction defects seminars are expected to be held as planned with presentations by Mr. Grant and Mr. Lynch.

1. Attorney Francis Lynch represents the law firm of Lynch Hopper & Salzano LLP

2. Attorney Roger Grant represents the law firm of Feinberg Grant Mayfield Kaneda & Litt, LLP

Swimming Pool Policies?

I would like to receive some more member feedback on SCA pool/spa policies concerning:

  1.  Children/teenagers use policies
  2.  Health hazards concerning “crypto” and such disease risks

Here is a recent member comment on the recent board vote on item 1.  pool_policies.pdf
What are your opinions–pro and con?

Here is a previous link on the crypto issue. 
    Are members satisfied with the way water quality and sanitation is being maintained in the pools, spas and bathroom areas?

This will be a repeat topic at next Thursday’s board meeting.

Bob Frank
SCA Director
bobfrank@cox.net

Construction Defects Seminars Sept 24 & Oct 29

The board has confirmed that 4 educational seminars on all types of construction defects issues will be held on Wednesdays September 24, and October 29 @ 2 PM and 7 PM in Hanneman Hall.  Every resident should try to make one of these events.

Information will be provided for the first time on many vital construction defect matters.  These will be “must-see” presentations by the key law firms involved with SCA affairs.

If your home is over 7 years old and/or you live in a villa, you are strongly encouraged to come to one of the September events.

See this flyer for more details.    con-def_flyer.pdf

“THE CORRUPTABLES”

THE UNFOLDING STORY ABOUT OUR PAST AND PRESENT BOARD MEMBERS AS TOLD BY DEXTER

The following is repeat of my hard hitting exposé interview with DEXTER.

Norm: I hate to bother you again Dexter, but I have noticed that Roz Berman (our board president), has granted another interview with her esteemed husband ( The admitted forger), and I wonder if you would be so kind as to grant me the privilege of another “one on one” so we might get a clearer view of what is going on? Dexter: Sure Norm, I really don’t mind at all.Norm: Well, Roz refers many times (in her interview), to the NRS 116 statues, but she never gives any specific reference. Do you think she really understands the NRS 116 statues that well, or do you think she is throwing a lot of her own “interpretation” into the mix?Dexter: I think Roz is full of beans, if you know what I mean. She has been advised of violations NRS 116 statues committed by Terry DaSilva (our community manager), that are published by the law firm Roger Grant is associated with, but she never raised an eyebrow. In fact every board member is aware of these violations but nothing is being done about it.

Norm: You mean that every board member knows that Terry DaSilva has violated NRS statutes, and they condone it?

Dexter: Yes Norm. They condone these violations because if they complained about them to the State of Nevada, it would open up a lot things that happened in the past, that they want to keep secret.

Norm: Secret? Who would ever want to keep secrets from the residents of this community?

Dexter: Well for one Mike Dixon. When he was president of the board, he opposed the findings of the association’s attorney to notify Del Webb that the confidentiality clause was illegal in The Villa agreement.

Norm: Do you think all the board members wanted to keep it a secret, or just Mike Dixon?

Dexter: Well, I don’t know for sure, but I do know that Bob Frank was in favor of enforcing the finding by John Leach (assoc. attorney), to remove the confidentiality clause, but Mike Dixon wanted to keep the Villa owners from finding out about the details contained in the Villa agreement for some reason.

Norm: What about Roz Berman? She is president now, so is she more open and more fair to the Villa residents?

Dexter: You have to be kidding. Look at her refusal to address the NRS violations committed by Terry DaSilva. The CAM is supposed to provide documents like contracts and stuff when a member asks for them. She doesn’t.

Norm: What the big deal about providing contracts and bid/estimates? Aren’t they just historical “stuff” ?

Dexter: No Norm, it much more that just historical “stuff”. You see by using these so called bid/estimates the previous (AND THE CURRENT) board of directors are able to corrupt the system that determines what we pay in annual fees.

Norm: Corrupt the system? How could that happen?

Dexter: Actually it is very easy. All they need to do is transmit a “bid/estimate” or some other form of material cost to the reserve specialist in California, and he uses it in his reserve report. The reserves are a BIG chunk of our annual dues as you know.

Norm: But what about the reserve specialist? Doesn’t he have a responsibility to see that material prices are in line with current prices at the time contracts are written?

Dexter: Yes, of course, but this particular reserve specialist is the same one that was chosen by Del Webb. He has made so many mistakes in his reserve reports it almost comical, but because of his willingness to “bend the rules” a bit to continue getting the lucrative contracts the board finds it “convenient” to use him over and over again. He and Jack Troia get along quite well together.

Norm: But isn’t that a case of the tail wagging the dog – so to speak (excuse the tail reference Dexter)?

Dexter: You got it Norm. Did you ever get an answer from Roz Berman about those contracts and bid/estimates that were incorporated into the reserve reports?

Norm: No I didn’t! I guess your right again Dexter. Those contracts and bid/estimates (if they ever existed) raised our Villa dues by $500 for the year 2007, and now Roz Berman claims they are no where to be found. It certainly looks like another cover up to me.

—————————————————————————————-
Writers note: As you know, Dexter is my loyal dog who has lived here in Sun City Anthem since 2001. Please address any questions and/or criticisms to him.

Shirley Cheri — in the spotlight!

Shirley Cheri;

I asked you these questions ten months ago, but you didn’t bother to reply. Since you are so fond of explaining what is on the budget slides, I have a little slide presentation especially for you.

Go to The 2007 Budget presentation, and look at slide 28.

Slide 28 says The High Mesa Neighborhood Fully funded reserve amount is $308,901, and the reserve balance is $127,900 (the amount funded). $308,901 minus $127,900 is $181,001 which would then be the amount NOT FUNDED right?

High Mesa Villas got a settlement from Del Webb in the amount of $50,602. That leaves a balance of $130,399 still owed High Mesa because Del Webb did not fund the neighborhood reserves “adequately” right? (NRS 116.31038)

Each one of four Villa neighborhoods are left with a similar shortage after the Villa Agreement (engineered by Favil West and Jack Troia), was signed. The total shortage for all four Villa neighborhoods is $403,116. That may not seem like a lot of money to you, but it cost the Villa owners $500 last year. How much did it cost you Shirley?

By the way I HAVE read the mission statement of the Finance Committee. One of the “statements” is as follows;

“Review reserve studies performed by qualified external personnel and advise the SCACAI BOD of any recommended adjustments to reserve account funding.”

Notice the words “qualified external personnel”, referring to reserve studies. Does this mean any thing to you? Are these fair questions?

You said “I don’t know what the penalty is for disobeying NRS116 or what is to be gained by vilifying this BOD and the previous BOD.” Let me ask you —

What SHOULD be the penalty for disobeying NRS 116. Nothing perhaps? Just let it go? Why even bother to write Laws and Statutes to govern the people who govern us? Do you think that The Nevada Statutes NRS 116 are a joke, or are they meant to protect us as citizens of Nevada?

Frankly I find your statement to be troubling to say the least.
————————————–

Well Shirley even though ten months have slipped by, you are still welcome to answer these questions.

Now that you have been elected to the board of Directors, and to the position of Treasure, have you learned yet what the penalty is for disobeying NRS statutes? Do you still think nothing is to be gained?

With out an independent audit, do you even know for sure how much is owed to the association from Del Webb?

There is no member of RMI or any member on the board of directors, or on the finance committee that is a qualified reserve specialist that I know of (including your self), so why do you ignore the figures that were published in the budget? The figures came from the licensed reserve specialist - the “qualified external personnel” as required. Why do you not insist that Del Webb obey the Nevada statutes and make good the shortages?

Why are you NOT standing up for the 162 Villa owners in our community, and shouting “This is not fair – Del Webb transferred the burden of funding the neighborhood reserves from their responsibility to the Villa owners.”

How did you record the deficits that are identified in the 2007 neighborhood budget? Is it listed in the books as Receivable Assets, or a Collectable Dept? ARE THE DEFICITS LISTED AT ALL?

When I informed you (backed up with the accounting data), that money was missing and may have been embezzled from the neighborhood reserve accounts as early as Dec. 31, 2000, did you miss some thing? The numbers are taken right from the available accounting records, so why is there no outrage?

When I proved (using the accounting records) that even MORE money was missing from the neighborhood reserve accounts on May 31, 2005, did it go over your head?

Is this the reaction that one might expect from the Treasure of Sun City Anthem?

One last question Shirley. Have you considered making a career move to The Fanny May or Freddie Mac firms? I hear they are looking for a few good “bean counters”

Norman McCullough

Berman Begins to Panic?

David Berman posted this today on Ron Johnson’s OP-ED blog:

“One of the things that characterizes how Bob Frank uses his blog is that he is a coward. Apparently he and others are afraid to associate their names with their anonymous posts over there, which makes one wonder why they are too cowardly to stand up for their beliefs. A very curious thing coming from a person who pays lip service to fighting secrecy in the Association but makes it his own trademark. He and his colleagues are obviously afraid of SOMETHING.

This is just the latest outrage of literally thousands of hateful and retaliatory words written by David Berman on his site and Ron Johnson’s site about my husband and many other residents during the past few years. And, since we are also aware that he has written many more thousands of words of frequently hateful attacks on public blogs in the past decade, we have to accept that he has a serious personal problem.

Why would someone who is a suspended attorney and a self-admitted forger want to publicly accuse a combat-decorated, retired senior officer of being a coward?   That makes no sense!  Why would he think ANYONE would think that kind of action was appropriate conduct for the spouse of the Board President and a former board member himself?

Since David Berman is clearly not joking, what is his true purpose?  He is desperately trying to divert attention away from the growing exposures his misconduct over the years have created instead of accepting personal responsibility.

Kay Frank

PS.

For those who are not aware of it, Anthem VOICE Blog has always been a group effort in support of the Sun City Anthem community.  Articles published under Admin and VOICE identifications on this blog and on www.anthemvoice.org are a colaborative effort by multiple members.

This approach helps to focus attention on the issues.  It has also helps to discourage the kind of unwarranted personal attacks you see from David Berman, Carl Weinstein and their hyena pack–since they can not be certain of who to chase.

Can Weinstein Manage Trumpets Project?

Carl has done it again, only much worse–this time….

Read his latest outrage, and tell us what you think.
comments_weinstein_blog_5sep08.pdf

Bob Frank
SCA Director

More Deception & Failures of Trust?

 (Go to the end of this article to discover new developments & documents!)

Once again, Berman’s Bog attempts to deceive and distort and cause undue confusion and strife among SCA residents. Berman said in part:   “What could be more obvious than -if Carl Weinstein is correct- a package from Chef Neal which incorporates all the elements of Bob Frank’s presentation at the recent Trumpets workshops? How is it that this information was fed to Chef Neal, and do you really think that constitutes playing fair?”

What a sad reflection of Berman’s nastiness and disruptive behavior!  Those who attended the Trumpets Workshop (including both of the Bermans and Weinstein) know that my proposed terms and conditions were mounted by Anthem Voice on its website and sent by public email to AV subscribers the night BEFORE the workshop. Chef Neal asked me AFTER the workshop for copies of my slides, and I referred him to the AV site. Carl should have done the same for the other interested companies or at least provided the contact info so I could forward the comments to other interested parties on an equal basis.

When I received Chef Neal’s proposal, I noticed that my words and formats had been SIGNIFICANTLY modified, and much more info was added. Sure, many of my board member words were copied when it fit Chef Neal’s purposes; but, so what? That is a standard/smart business practice. And, as Rana stated, this is a period of NEGOTIATION. Only a VERY foolish business would include its best and final proposed terms and conditions in its first proposed approach.

Finally, Chef Neal explained to me that his minimum risk approach for that special proposal was based on my stated desire (in the workshop) to test the feasibility of a members-only operation. He believes he should not have to bear the brunt of any short-term losses while a members-only policy is tested. Of course, he was open to a counter-proposal on terms if the board majority was also interested in a members-only policy. But, since that approach was not approved at the last board meeting, Chef Neal said that different financial terms will be suggested in his next proposal.

Notwithstanding all of that, the community should have GREAT concern over Shirley Cheri’s, Carl Weinstein’s and Roz Berman’s ILLEGAL disclosure of Chef Neal’s CONFIDENTIAL proposed business terms during the last Board Meeting. As the spouse of a former attorney, Roz Berman knows that business proposal information clearly marked as CONFIDENTIAL by Chef Neal could not be publicly discussed during the board meeting. Roz, Carl and Shirley have to know it was highly improper and illegal for them to breach Chef Neal’s confidentiality requirements without his written permission. It was also highly improper, if not illegal, for Roz’s (former attorney) spouse to quote the confidential information on his blog.

Regardless of the cause of board member failures, those individuals may have exposed this association to future litigation. Chef Neal is such a gentleman that I doubt he would consider taking legal action, but how could Chef Neal, or any other potential trumpets candidate trust the board with confidential business proposal information in the future?

In addition, what was RMI’s role in this breach of confidential information? Did Shirley and Roz share Chef Neal’s proposal with RMI to produce Shirley’s slides–even though it was clearly marked with “Confidential & Proprietary Business Proposal Data. No Releases to other Firms.” RMI is supposed to have the expertise to keep the board members from making such major breaches of business conduct. If we are going to be successful with concluding a trumpets agreement, such unprofessional conduct MUST NOT happen again.

Director/Treasurer Shirley Cheri Refuses to Admit Mistake:
cheri_rejects_all.pdf

Director Weinstein Refuses to Admit Mistake plus Insults Chef Neal & SCA Women’s Club Members
Carl & Ron Johnson Comment.pdf
weinstein_insults_chef-neal+questions.pdf

Chef Neal grants Director Frank permission to post his original proposal on this site:
Chef Neal’s Proposal for Members-Only Test for Trumpets    chef-neal_release.pdf

Bob Frank, SCA CAI Director

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