You may know by now that the Board’s law firm (Leach, Johnson, Song & Gruchow) notified Norman McCullough’s attorney that the Board had found him “guilty” of one of the two charges, and that his punishment was (1) to be barred from using our common facilities for 6 months, and (2) required to pay $564 of the association’s legal expenses.

With Norm McCullough’s permission, see a plain text version of the notification letter at the end of this posting.

But, how can one be found “guilty” of a bogus charge that does not violate any statute or SCA governing rules? Even worse, how can the board legally assign MAJOR penalities by barring a member for 6 months from “common” facilities without following the lawful procedures required before assessing such a punishment?

Answer:  The board cannot legally enforce its action because Norman McCullough has not been legally found guilty of anything.  And, we welcome current and former attorneys to correct us if, we are mistaken in coming to that conclusion!

In the meantime, with the compelling evidence available, the McCulloughs have the right to continue using all “community facilities”–including accessing their own home!

Why do we say that?  The Board’s/law firm’s action and punishment are so outrageously wrong that they do not even recognize the difference between the “common areas associated with the 3 SCA “Centers” and the “common areas” surrounding the McCullough villa home!

Article III, Section 3.6 has only to do with activities by “persons using the Common Area or to the Occupants and invitees of other Lots“.  These are the “common areas” between, among and surrounding the 164 villa owner properties.   The cited Section III of the CC&Rs has NOTHING to do with the Anthem Center facilities!

If Norman had truly, intentionally “assaulted” someone in the villa areas, he might have been eligible for a complaint under Section III by another homeowner, but certainly not by an RMI contractor. If a RMI contractor is assaulted in the areas between the villas, they must file with local law enforcement.  Contractors are not bound or have redress under the SCA CC&Rs.

So, if you were the McCulloughs, would you comply with a bogus/half-baked direction that prohibits you from using the grassy areas surrounding your home?  What about the common area that includes the driveway?  Not exception was included to allow access to his garage!

What kind of incompetent attorneys and other directors are sitting on the SCA board and handling our legal affairs?  They all can not claim to be suffering from senility.  This is perfect evidence of gross negligence and incompetence by them all–including the licensed Community Manager that went along with the statute violations, and Vice President Berman.  She is intimately familiar with the statute details for punishing member misconduct since she and her husband have been previously accused (but not punished) of similar or worse conduct.

Bottom Line:  Norman McCullough has NOT been”legally” found guilty of any statute or community governing rules.  In the meantime, he can not be denied access to his own home or other any other SCA community property.

The next step is for Norman McCullough and his friends to demand that the Nevada Real Estate Division direct the SCA Board (and its self-acknowledged, incompetent law firm) to

(1) immediately reverse its actions, and

(2) immediately reimburse Norman McCullough’s legal expenses.

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Plain text of notification letter follows:

———start of letter————

LEACH JOHNSON SONG & GRUCHOW
Nicole Guralny, Esq. nguralnygleachjohnson.corn
September 1, 2010
Via Email & U.S. Mail
Ryan Hamilton, Esq.
2505 Anthem Village Drive
Suite E-137
Henderson, NV 89052
RyanAndrewHamilton@gmail.com
NOTICE OF RESULT OF HEARING
Re: Norman McCullough —2620 Peoria Avenue
Sun City Anthem Community Association
Dear Mr. Hamilton;

As you are aware this firm serves as legal counsel for the Sun City Anthem Community
Association (the “Association). The purpose of this letter is to provide you with the results the August 26, 2010 hearing before the Board of Directors (”Board”).

First, the Board would like to thank your client Norman McCullough for being present the hearing along with counsel. The audio-tape, along with Mr. McCullough’s testimony, your argument and the affidavits of Caren Carrero, Skyler Jewell, and Dan Forgeron were taken account in the Board’s final determination as to the alleged violations for which Mr. McCullough was called into hearing. The Board appreciates you and your client’s participation in this matter. It must also be noted that at the time of the Board’s deliberations regarding subject violations, Board members, Roz Berman and Dan Forgeron, recused themselves and not participate in the decision of this matter.

Pursuant to the Clark County Nevada Assessor’s Office, The Goldman Family Trust the owner of the property located at 2620 Peoria Ave., Henderson, Nevada, APN# 191-12-610-121 (the “Subject Property”), and Mary Belle McCullough is its trustee. The Subject Property is located within the Sun City Anthem development (the “Community”) and therefore is subject to the use restrictions as set forth in the Third Amended and Restated Declaration of Covenants, Conditions and Restrictions and Reservation for Sun City Anthem (the “Declaration”) and Association Rules and Regulations (”Rules and Regulations”).

The Board determined that there was no violation of Article IV, Sections 3, 5, 6, and the Rules and Regulations, as these sections of the Rules and Regulations were removed in updated 2009 version of the Rules and Regulations.

Ryan Hamilton, Esq.
September 1, 2010
Page 2

Article III, Section 3.6 of the Declaration states, in pertinent part, that: No obnoxious, illegal, or offensive activity shall be carried on upon any portion of the Properties, which in the Board’s reasonable determination tends to cause embarrassment, discomfort, annoyance, or nuisance to persons using the Common Area or to the Occupants and invitees of other Lots.

The Board determined that on May 27, 2010, Mr. McCullough inappropriately jabbed the Association’s then Community Manager, Caren Carrero, in the shoulder and that such conduct amounted to an offensive activity in violation of Article III, Section 3.6 of the Declaration. Given the unwarranted and physical nature of the violation, the Board determined that it is reasonable that McCullough’s usage of the Association’s Common Areas be suspended for a period six (6) months commencing on September 3, 2010. Accordingly, Mr. McCullough may not utilize the Association’s facilities during the time of the suspension which is from September 3, 2010 until March 3, 2010.

In addition to the foregoing, Mr. McCullough is also responsible for the attorneys’ fees and costs incurred by the Association for enforcing its governing documents and obtaining compliance. Specifically, NRS 116.3115(6) provides that any common expense caused by the misconduct of a unit’s owner, may be assessed exclusively against that unit’s owners. Thus, Mr. McCullough is also responsible for legal fees and costs incurred for the preparation of this letter and for legal counsel’s attendance at the hearing in the amount of $564. Your time and attention to this matter are very much appreciated. If you have any questions or comments, please do not hesitate to contact this office.

cc: The Board of Directors

——end of letter——–