By Kay and Bob Frank:

On May 1, 2010 Kay submitted the attached letter to the Sun City Anthem Board of Directors and the SCA Election Committee.    [1] kf_ltr2bod_election_1may10.pdf

Regrettably, Kay did not receive a response.  So, we were forced to submit an Emergency Intervention Affidavit to the Nevada Real Estate Division to request action to investigate the legality of the current board election. This request has been accepted and a determination is expected before the end of next week.

If one or more of our many serious allegations of gross negligence and other statute violations are sustained, the Sun City Anthem Board may be directed to terminate the current election process, and to do it over–from the beginning.  On the other hand, if the unfair/illegal board election process is not stopped before it is completed, the community faces a long and nasty process to deal with the results.

Please read the following letter and attached documents and check out the statute references and allegations yourself.  An online version of the homeowner laws are found at the following links.  If you use your browser search tools when you get to a site, you can quickly find the referenced statute sections, read them, and make your own conclusions about what is right and what is wrong.
Homeowner Laws:     [2] http://www.leg.state.nv.us/nrs/nrs-116.html
Homeowner Regulations:  [3] http://www.leg.state.nv.us/nac/NAC-116.html
Nonprofit Corporation Law:  [4] http://www.leg.state.nv.us/nrs/NRS-082.html

If you actually do the above, you will be doing more work to learn the truth than most of your current directors and candidates for the board.  Few invest any real effort into understanding the law they are required to implement.

Ask your directors and board candidates what they really think about the allegations of statute violations in this election, ask them to show you the paragraph in the statute that proves their opinion, and they are most likely unable to do so.  They are most likely to say they are depending entirely on the verbal advice of the association attorney. Even the lawyer/former judge on the board does not really know the appropriate statutes.  That is obvious since she does not question anything the board does that violates the statutes.

Considering the possible consequences to this community and to directors and committee members who refuse to know the truth about such allegations, you have the right to challenge their actions to deny the obvious.

We are a nation of laws, and our board does not have the right to flagrantly violate them.  So, why do some people prefer to look away and ignore the growing storm?

References:
1. This was the new flyer that the Board/Election Committee illegally refused to distribute with the new ballot package:
[5] kay_frank_flyer_16apr2010.pdf

2.  Letter to the Board/Election Committee requesting to replace Kay’s flyer for the 2nd ballot package:
[6] 16april10_kayfrankltr2board.pdf

3. Kay’s proposed 1-page “Candidate Information Sheet” for inclusion in the 2nd ballot package as specifically allowed by the NV Statutes:
[7] kf-ltr2members_16apr10.pdf