(This article in response to a vicious personal attack today on Ron Johnson’s bog.)

Thank you David Berman for that last attack. It shows your true colors.

For homeowners: Please note that key founders of the Unity Party (David and Roz Berman) have again demanded that I file a law suit against the association. Is this the “cooperation-not confrontation” policy claimed by the unity party? Is this the party of peace, harmony and team work? Or, is this just a clear sign of a phony mantra? Will we see any unity candidates, unity directors, or other members of the unity party disavowing the Berman misconduct?

In my various postings below and on the AV website, I explained why I am entitled by law to have my expenses reimbursed. David Berman’s serious conflicts of interest and his background of ethical misconduct and status as a suspended attorney makes his legal opinions worthless.

Filing a law suit to collect what is due me would have to be my last resort. As long as I am a member of the board, my fiduciary duty requires me to be concerned about the impacts of any law suit on our association. David and Roz Berman know that, and have used it against me.

Meanwhile, SCA homeowners deserve to be fully informed on the legal issues and the potential costs BEFORE the board decides to invite a law suit. Such a law suit could be very expensive and very damaging to the property values and lifestyles of the whole community. Members should also be allowed to express opinions before the board confirms it wants to go to court to directly challenge the distinguished Nevada Trial Lawyer Association President, Bob Maddox.

Of course, no one has the right to demand that I absorb a lawfully-authorized $30,000 legal defense bill. I was falsely and unjustly attacked through the State of Nevada by the SCA Board of Directors. And, after the Attorney General had reviewed the allegations and months of investigations, I was found innocent, and all charges were DROPPED. The association is obligated to pay for the board’s willful misconduct–one way or another.

In addition, before a final decision is made by the board, SCA homeowners should receive a written opinion from a totally independent attorney. There is no public written opinion from John Leach.  And, even if a Leach opinion was released, it would be of no value since he has such UNRESOLVABLE conflicts of interest on this matter.

Finally, it would be appropriate for the current board to pay this bill and not dump it on the next board.  Passing the buck would be cowardly.

Bob Frank
SCA Director