Has Director Small Created A Litigation Risk For SCA?
The Anthem Journal’s owner has politically attacked me for sticking up for the owner of the AnthemToday. The piece is found at this link:
http://anthemjournal.typepad.com/davids_anthem_journal/2010/12/the-latest-bob-frank-flight-of-fancy.html
In response, I have filed a formal complaint form with the SCA Board of Directors via the new web site. I have attached my contents for your convenience since the Board has never answered any of my previous questions, it is unlikely to change the policy of “we have to let THEM comment, but we don’t have to listen.” Feel free to use any of my below words or ideas in your own messages to the board. Ask any attorney you know. It is not a trivial mistake for Director Ann Small to participate in such a project.
“Former Board VP and spouse of Director/VP Roz Berman has stated on his web site:
‘Mr. Frank is apparently unaware that there is no longer an Editorial Content Committee, nor has any similar function yet to be established, if indeed it ever will be, within the recently formed Communications Committee.’While I had heard that the ECC had been merged into the Communications Committee, I have not seen such a major decision being officially notified to all unit owners. Is it true that all of the ECC policies and procedures had been terminated with no replacement of similar or same policies and procedures planned for the future?
Please advise if “Appendix B Standards of Acceptability” has been terminated without planned replacement in 2011? If so, the Board and CAM have failed to under NRS requirements and the RMI contract to notify all unit owners of such major changes in community governing rules.
Also, I have commented on Anthem VOICE that it appears to me that Director/Attorney Ann Small has violated her fiduciary duty to association shareholders by allowing her name to be used in support of Mr. Berman’s political letter to the City of Henderson against Ms. Goodman. In my opinion, allowing her name to be used on such a political attack piece to the City of Henderson, her former employer, crates a litigation risk to the Association that can not be justified under the BJR.
Please advise. After the major mistakes made by the Directors and CAM, and particularly those of your active member of the NV Bar, Ann Small, who never caught the association attorney’s major legal errors on the charges and hearing procedures during the recent McCullough case, people are wondering if the board and CAM are receiving COMPETENT advice?
It is well known that creating litigation risks for the board are clear examples of director violations of fiduciary duty. I believe Mr. Berman’s letter is an example of opening a significant litigation risk to the Board since Director/Attorney Small has put her reputation with the City behind the questionable credibility of the letter. Otherwise, it would be just a letter from a few disgruntled old people.
Who is looking out for the good of SCA, and why has Director Small failed to notify the City of Henderson that her name was falsely or incorrectly included as a sponsor on Mr. Berman’s political attack letter against Rana Goodman to the City Council?”
One Response to “Has Director Small Created A Litigation Risk For SCA?”
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December 27, 2010 at 21:38
PS. Director Small could claim to have been acting outside of her Director duties, but if she does that, she has no D&O insurance protection.
It seems to me she has arrogantly painted herself into a difficult corner–without thinking it through….