Contrary to the blatantly false information on D. Berman’s blog stating his opinion on the supposed confidentiality of complaints against the board, I know the following to be true:

1. NRS 116.757.1 says: “1. Except as otherwise provided in this section and NRS 239.0115, a written affidavit filed with the Division pursuant to NRS 116.760, all documents and other information filed with the written affidavit and all documents and other information compiled as a result of an investigation conducted to determine whether to file a formal complaint with the Commission are confidential.”

2. This statute section was proven to only prohibit the Real Estate Division from releasing any information provided to it during mediation and investigation phases to third parties. The NV Legislature never intended for the Real Estate Division to block any US or NV Constitutional due process rights of the parties. Any competent attorney would know that to be true; but, there have been times in the past few years where a “cone of silence” was wrongly placed over all parties of some cases. Those actions by the Division clearly violated the respondent’s fundamental constitutional rights.

3. The accusing party is required by law to (a) sign its complaint under oath, (b) release everything in its allegations to the respondent/accused, and allow a reasonable time for the accused to respond BEFORE an affidavit is filed with the State. Nothing in the complaint filed with the Division can be held from the respondent. In addition, the statute prohibits the Division from accepting an Intervention Affidavit that has not been fully disclosed to the respondent and time allowed for a response.

4. Both the accusing party and the respondent can release anything they wish to anyone, at anytime.

In conclusion, since David Berman appears to be speaking for both himself and his Board President spouse, our community should demand that Roz Berman seek assistance from her fellow directors–especially current member of the NV Bar/former judge, Ann Small.

What does it say about the directors if they remain silent while such flagrant deceptions are being distributed by a former board VP?