May 24, 2011 by kayfrank.

By Kay Frank

Henderson City Attorney Elizabeth Quillin was arrested and jailed on Monday, May 23 for DUI, Hit and Run and driving with an open container of alcohol.  She had reportedly freely admitted to these criminal violations.  

Details are included within the following links.  To get the full story of how really onerous her law violations are, one needs to read all of the reports. The arrest report is also attached below. 

Normally, I would not be posting this type of information on this blog, but City Attorney Quillin is a very special case.   She was one of the leading Henderson City Officials who had Tim Stebbins and my husband, Bob Frank, arrested, perp-walked, handcuffed, jailed for 4 hours, and required to post bail in early 2010.  

The arrest was allegedly for knowingly filing a false police report concerning  Sun City Anthem Board actions to approve willfully false financial documents used to justify apparently false Federal Income Tax Returns and SCA budget policies and practices. 

Since that time, the IRS has completed a formal audit of the SCA 2007 tax return.  IRS found the SCA Boards had violated Tax laws and demanded $1.345 Million in back taxes and penalties. 

This fully validated the suspicions reported to the Henderson Police in 2009 by Tim Stebbins and Bob Frank.  It should have led to immediate dismissal of the case; but, the City Attorney ignored all of the new evidence and continued to prepare to prosecute.

Recently, after new information was submitted to the court, City Attorney Quillin was required by an independent judge to recuse herself as well as the City Attorney staff and Henderson Municipal Judge Hampton.  None of them denied having serious bias and irreconcilable, personal conflicts of interest with 2009-20011 SCA Director and former Assistant City Attorney and Pro Tem Judge Ann Small.

Instead of terminating the flagrant injustice for well over a year against these two honorable and obviously innocent men, the financially-strapped City of Henderson hired an independent prosecutor and independent judge to continue to pursue the criminal misdemeanor indictment.  This forced Tim Stebbins and Bob Frank to continue paying tens of thousands of dollars for defense attorneys to prepare for a misdemeanor trial for false allegations.

So, we can see that the gross criminal violations admitted by Ms. Quillin are particularly significant to the SCA community.  The report and media reports say she was driving drunk on duty, caused serious automobile accidents, and witnesses reported she was attempting to escape the scene while creating serious threats to the lives and properties of others.  This was no simple, “first-time DUI” and I believe it clearly reflects seriously flawed judgment and ethical deficiencies.

We need to monitor this case to see if she receives appropriate punishments for her flagrant crimes.  Note that she continues to draw her $190,000 salary while she is on “administrative leave” for such outrageous criminal misconduct.  I wonder if lower-ranking City employees have received  such generous benefits for similar or even lessor crimes?

In my opinion, Ms. Quillin deserves no sympathy or lenience for such truly outrageous criminal violations–especially when considering how she has abused others under her authority. 

———————————–

Police Report:    quillin_arrest_report.pdf

List of Relevant Media Stories:

Review-Journal:

LV Sun:

CH3 News:

CH5 News:

CH8 News:

CH 13 News:

Henderson Press:

24HRLegal Adviser:

The Republic:

See AnthemToday for additional information at this link:
http://www.anthemtoday.com/forum/viewtopic.php?f=8&t=2597

Posted in Ann_Small, SCA Board, Community Affairs, Laws & Rules, News! | Print | No Comments »

May 19, 2011 by Norman McCullough.

Why Sun City Anthem was awarded Entry into “The Hall of Shame”
By Resident - Norman McCullough

It’s time to have compassion, and to listen to our seniors who have earned the right to live in peace without being threatened by fines (and worse).  Sun City Anthem is a community of people who deserve better than the abuse that has been the hallmark of the past.  If the newly elected Board members really meant what they said before they were elected, we may see some changes, if not we will all be witness to the next generation of “Hall of Shame” candidates.

Posted in Ann_Small, 2011 Campaign, Truth Squad, SCA Board, Operations, Community Affairs, Lifestyle | Print | No Comments »

May 10, 2011 by admin.

Is “neighborly love” a “possible dream” within homeowner associations?

Are those members on the David Berman Blog who play “whack a mole” against so-called “malcontent” members believing they are ADDING to the chances of harmony in Sun City Anthem?  Why would an “adult” homeowner posting on that site believe that hateful attacks and ordering fellow homeowners to “shut up or move” could produce any positive effects?

Unfortunately, “neighborly love” is rapidly being lost in Sun City Anthem due to increasingly dictatorial board behavior and mismanagement.   The trend shows the problem is getting worse and the “malcontent” members are striking back through public media channels because SCA boards are doing nothing to resolve disputes.

How bad does it have to get before the directors finally learn that following the bad advice from the Del Webb/Pulte-appointed association law firm is the primary source of the ongoing disputes?   It it obvious that keeping that firm is only making the attorneys wealthy while our lifestyle gets destroyed by the never-ending disputes?

While considering possible solutions for SCA, the paper posted on May 9th (10-hoa-myths.pdf) by George K. Staropolis provides important insights.  In addition, Mr. Staropolis’ article posted today, and quoted below, provides valuable insights into common HOA problems. 

http://pvtgov.wordpress.com/2011/05/10/want-more-neighborly-love-in-an-hoa/

    “I submitted the following comment to the shreveporttimes.com article, “A sign that we need more neighborly love.”

    HOAs were never really about neighborly love.  They were promoted as such a fellowship of people with a common goal, “building better communities” and “fostering vibrant, harmonious communities” by the national lobbying organization.

    But, in reality, they are highly divisive and adversarial because strict enforcement of often arbitrary and capricious rules abound, enforced by the “protection agency”, the HOA, whose directors are reminded that they can be sued for not enforcing the CC&RS or declaration.

    Couple that with aggressive HOA lawyers whose income is not based on contentment and neighborly love, but on adversity that leads to the courtroom. It’s in their best interests to preserve the HOA in its current form.

    This authoritarian form of government, backed by pro-HOA laws to inflict severe penalties on homeowner offenders but give a slap on the wrist to HOA offenders, make an excellent environment for the power seekers and misguided true believers who believe that they  are part of a grand and glorious new America. And for the profit-seeking developers, HOA vendors and lawyers.

    IF YOU THINK ABOUT IT, HOW ELSE CAN IT BE?  No country, no community has ever obtained strict compliance to rules that are aimed to preserve the state, like Nazi Germany  Communist Russia, without imposing restrictions on the rights and freedoms of its inhabitants  “in the name of the state.”

    Its corporate form of government is no different from any other business where there are the managers who control and the people who are to obey.  HOA directors are in the “management” class and homeowners are in the “employee” class, even though the “employees” may also be owners of the corporation.  And we all know that management does not have the 100% whole–hearted agreement and support of its people.

     Yet, the courts and state legislatures truly believe that the board speaks for the members on all matters, great and small. That the HOA is imbued with public government attributes and, ignoring the reality of a contract, by merely living and remaining subject to the HOA the “employee” surrenders all his rights and freedoms contrary to constitutional law.

    But, as we all know, how many people, employees, work and remain at a business for valid reasons other then that they fully consent to be governed by the corporation? The public officials have adopted this “remaining within the HOA” argument not because it is valid, but because it offers a plausible defense for their actions.

     Want more neighborly love?  Hold HOA boards accountable for their actions, and provide protections for the rights and freedoms on the owners.

    Forget the “we don’t want government” and get to “we want the same government protections as all others.”

So, what do we do about the SCA situation with rapidly increasing dissatisfaction and opposition to poor board behavior?   Well, one thing we don’t do.   We don’t lay back and “give the new directors a break” and see if they do any better than the last failed board.

Posted in SCA Board, Community Affairs, Operations, News! | Print | No Comments »

May 9, 2011 by Norman McCullough.

Well – the election for SCA Board of Directors is finally over, and the results were as expected.

There is in this community one BLOG owner who (despite his character flaws) continues to exert his enormous influence in every election that we have undergone ever since the governance of Sun City Anthem was turned over to the residents from the developer.

It’s often said “You get what you pay for”, and in Sun City Anthem it’s obvious that we did not pay enough attention to the details, and instead we paid too much attention to the current “Unity” board members and their self appointed “PR man”. It has not gone unnoticed that almost every elected candidate still choose only one BLOG site to “thank the voters”.

Almost every one of the elected candidates have uttered words to the effect;

“I am confident you will find a more open, more resident friendly, and more participatory Board.”

Only time will tell if they really mean it.  I sincerely hope so.

I think Ron Johnson said it best on April 5, 2011.  Here is part of what he said then:

“We are in need of a change in direction, more—not less transparency, greater honesty and integrity, demonstrated community support, independence and proven leadership qualities. What we do not need are candidates who cloak themselves with endorsements from those who have disappointed us in the past as such candidates are more likely than not to adopt similar past practices.”

And here is a copy of Ron’s full editorial:  RJ Election Recommendations

Norman McCullough

Posted in SCA Board, Community Affairs, Operations | Print | No Comments »

May 9, 2011 by admin.

Many SCA Members get confused when AnthemVOICE agrees with those who claim that Sun City Anthem is DESIGNED by the developer to be a retiree “Paradise”, but the SCA GOVERNANCE SYSTEM is an incompatible  dictatorship system that ignores and/or nullifies citizen rights granted by the US and NV Constitutions. (See attached “10 HOA Myths” for more details:   10-hoa-myths.pdf)

This deception (some consider it fraud) has been invented during the past few decades by the nation-wide CAI (Community Association Institute) which is the trade association of companies dominating the selling of goods and services to HOA Boards. 

CAI is controlled by the companies providing the lobbying funds that have corrupted local, state and federal legislation to provide HOA Board powers to nullify unit owner US Constitutional rights.

The following quote from national HOA expert, George K. Staropoli sums it up clearly.

“If we are to make progress, we must distinguish the concept of a
planned community, which is a real estate “package” of homes,
landscaping, amenities, and rules, from that of the HOA, which is the
undemocratic governing body of the planned community.”

. …. George K. Staropoli 

Members of SCA (and all other homeowner associations) are hostage to the personal ethics, compassion and good will of the directors we elect.  

The only recourse to stopping bad behavior by directors is to remove them at the annual election or through a special “removal election” called via a petition by at least 10% of the membership.

For more of Mr. George Staropoli’s unique reporting on the “truth” about HOAs see:
http://pvtgov.org/pvtgov/

Posted in SCA Board, Community Affairs, Laws & Rules, Operations, News! | Print | No Comments »

May 9, 2011 by admin.

SCA Member and AnthemVOICE Founder Tim Stebbins advised the new, 2011 SCA Board Members at their special meeting on May 9, 2011 that the 2010 SCA Board was considered by the Nevada Real Estate Division to be the worst of Nevada’s 3,000 HOA Boards.

Tim Stebbins included other comments for the record/attached to the Minutes as quoted below:

“My name is Tim Stebbins, Arroyo Vista Village.  I will supply a copy of these remarks for inclusion in the minutes of this meeting.  I wish to address Agenda item V, election of officers.

I congratulate the 4 new members of our board and I wish all board members success over the coming year.

As you elect new officers for the next year, those officers and all other directors have a real opportunity to set a new direction for our community.

Nevada state officials have observed the just past board was the worst in the entire state – out of about 3,000 boards.  That is something we should all be ashamed of.

Even though we retain 3 members from that board I hope a new spirit of leadership will change both the operations and the image of our board into one of professionalism, competence and cooperation.

We seem to be off to a good start.  Mr. Terry has already taken it upon himself to attend some of the excellent training classes offered by the Ombudsman.  I believe this shows a sincere desire to learn what must be done to be a good director under the laws of Nevada and how to do it in a professional way. 

I congratulate Mr. Terry for his attitude and dedication.  Of course from now on Mr. Terry will be required to disclose his attendance in all future courses under NAC116.484.  I am sure he will be proud to do that.

I hope all board members will follow the lead of Mr. Terry and gain the benefits of professional training and guidance.

It is worthy to note there seems to be no record of the mandatory disclosure of attending any approved classes by any member of the just past board.  With apparently no interest in gaining professional guidance on how to be a good director that might be one of the reasons that board was so bad.

I offer this suggestion:  At every board meeting we have a presidents report, a managers report and member comment periods.  The agenda for every meeting could also include a directors comment period.

Any director could comment on anything they wish including attendance at approved classes (as required by NAC116.484), attendance at meetings of the Commission, attendance at meetings of the Henderson City Council, or any other meetings or activities of interest to our community along with any comments they desire about what they gained from that participation.

This is done at every meeting of the CICCH Commission with a Commissioners Comments agenda item.  I see no reason why this board should not follow their lead.  Everyone would benefit.”

Posted in Truth Squad, SCA Board, Community Affairs, Operations, News! | Print | No Comments »

May 7, 2011 by admin.

Senate Bill 254 (written and sponsored by certain CAI and Common Interest Community Commission members) has called for (among other things) major increases in fines and punishments for homeowners who are determined by the State authorities to have filed false or frivolous complaints. 

But, SB254 failed to specify equal fines and punishments for HOA bully boards, attorneys and other CAI members who could also be found guilty of such things as false and frivolous RESPONSES to valid homeowner complaints.

Sun City Anthem Member and AnthemVOICE Founding Member, Tim Stebbins, notified the Nevada Assembly Judicial Committee on May 6, 2011 that Senate Bill 254 that had previously been passed by the Senate and heavily promoted by leading CAI leaders (HOA business association) was clearly UNCONSTITUTIONAL. 

Mr. Stebbins pointed out that SB254 violated the US Constitution’s XIV Amendment requiring “equal protection” under the laws.   He also emphasized that SB254 must be amended to ensure there are EQUAL consequences under the NV Statutes when individuals on EITHER side of HOA disputes refused to participate in good faith in State-sponsored mediation sessions. 

Although Mr. Stebbins had previously made his statements about the many serious flaws in SB254 during March Senate Judiciary Committee Meetings, his comments had been totally ignored by the Senate majority who voted in favor of the bill.   But, Stebbins’ similar statements given to the Assembly Judiciary Committee seemed to finally get some serious attention. 

Clearly, some of the lawmakers and involved lawyers from the majority party were finally beginning to understand that a valid constitutional challenge to the proposed changes to NRS116 would be possible, and that something had to be done.

Senate Judiciary Committee Sponsor of SB254, Senator Allison Copening (employee of Del Webb/Pulte), and Common Interest Communities  Commission Chairman/Attorney Michael Buckley (Jones-Vargas Law Firm Stockholder), were forced to publicly admit that Mr. Stebbins was CORRECT, and that the bill’s language would HAVE to be changed to comply with Constitutional provisions. 

But, without those word changes immediately available for consideration by the Assembly, how could SB254 be voted upon?  Such changes would significantly change the nature, purpose and intent of the proposed law, and must be considered by both the Senate and Assembly.

An excerpt of Mr. Stebbins’ testimony follows.  His entire statement about SB254 is attached below.

“There seems to be major emphasis on punishments for a party filing a bad faith, false, fraudulent or frivolous claim.  Fair enough.  But there are almost no penalties for any party filing bad faith, false, fraudulent or frivolous response to the claim.

This seems to indicate an extreme bias on the part of who ever authored those sections of the bill.

It has been my experience the response to a claim is more likely to contain bad faith, false, fraudulent or frivolous statements than the claim itself.

If my observations are valid, the authors of such language should be ashamed of themselves.

The XIV Amendment to the US Constitution guarantees equal treatment for all parties involved. All parties are guaranteed equal protection under the law.  The current wording in several sections of SB 254 does not provide that protection.”

Tim Stebbins’ Testimony About Senate Bill 254:

 Stebbins Comments on Constitutional Flaws in SB254

Posted in Truth Squad, SCA Board, Community Affairs, Laws & Rules, Operations | Print | No Comments »

May 6, 2011 by admin.

AZ Passes 7 New Homeowner Rights Laws To Counter CAI-sponsored Bully Boards!  Effective July 20, 2011!

Quoted from George K. Staropoli : http://pvtgov.org/pvtgo

New Arizona HOA laws for 2011 session — Thanks to the Legislators!

HOA laws for the 2011 session:

The 7 new  laws, out of 22 bills introduced, affect due process protections for homeowners that levels the “litigation playing field”;   homeowner meeting rights, including the right to record board meetings, as a check on abusive boards and attorneys; new restrictions on transfer fees;  free speech rights to fly flags and political signs; and restrictions on fees for leasing signs.

Thanks to the tenacity of several outspoken Arizona advocates, the laws become effective on July 20th.

Posted in SCA Board, Community Affairs, News! | Print | No Comments »

May 3, 2011 by bobfrank.

The SCA Community Manager has reported that 1/3 of Sun City Anthem homeowners voted for Bob Frank (854 out of 2,853) during the 2011 Board Election.

THANK YOU for your support, and please continue to stay active in community governance affairs in the future.

We can be certain you knew who you were voting for, and what values and principles you wanted implemented by the Sun City Anthem Board of Directors.  You have made clear statements of your desires, and we can be conifident your voices will be heard in the future.   Even though all of your choices were not elected to the board this year, some of the policy and procedural changes you have requested may become feasible.

Rest assured, Kay and I, and the many other SCA neighbors supporting AnthemVOICE programs will continue to pursue mutual goals to defend and protect our homeowner rights and property interests.  With the sustained help from you and your friends, we will eventually persevere.

As we know from our national history, less than one-third of the American population was personally involved in winning the War of Independence from England.   And, we can have confidence that eventually, the SCA Board of Directors will finally implement the necessary balance between quality management of our common property and protection of the individual rights and private property interests of each unit owner.  Your sustained contributions and efforts will bring about those changes in this community.

Very Sincerely Yours,

Bob and Kay Frank

PS.   For your reference:  here are the results from SCA Board Elections since 2007:
2007-2011 Sun City Anthem Election Results

Posted in Bob Frank-2011, 2011 Campaign, SCA Board, Community Affairs, Operations | Print | No Comments »

May 1, 2011 by kayfrank.

David Berman has posted the following false claim:

“Commenting on the arrests of Bob Frank and Tim Stebbins on charges of filing a false police report, the newsletter says, “Imagine! Bob and Tim were arrested and jailed because the HOA board claimed they filed a false police report.” THAT, my friends, is a defamatory lie! Before, during and after the investigation that exonerated directors Roz Berman and Roger Cooper, no Board member took any steps to suggest to the police that they should arrest and charge Frank and Stebbins.”

“It was entirely the decision of the police to arrest and charge the two SCA residents. All the Board members told me they were surprised to learn of the arrests, as they all assumed the matter was over and done with upon receipt of the Police Chief’s exoneration letter.   I defy any member of the Friedrich/Frank/Stebbins/Goodman crowd to prove otherwise.    Posted by: David Berman | May 01, 2011 at 07:10 PM”

RESPONSE:  The following shows that Berman is once again guilty of self-serving lying:

1.  Berman is NOT a board member, and the newsletter is not close to being “defamatory”.   He could not have witnessed many, if any, conversations by directors with Henderson City officials–except for his spouse who was suspected of committing forgery.

      And, as a suspended attorney and self-acknowledged forger of a judge’s signature on official tax documents, he has been judged guilty of what in most areas of the Nation would be considered a felony criminal act of forgery.   His opinion is truly worthless.

2.  This “false arrest” case involved well-researched and well-documented support for allegations of suspected criminal violations by certain SCA Directors.  Of course, the board’s position was that the allegations were not true. 

      To the contrary, the allegations were recently confirmed to be accurate by the IRS Tax Audit of the 2007 Return that showed SCA owed $1.345 million in back taxes and penalties for just that one year.

3.  During the January 21, 2010 Board Meeting, a Henderson Police Chief letter was read that claimed the allegations were “unfounded”.  Contrary to Berman’s false claim, the individuals were NOT “exonerated” or found “free of all blame”.  The evidence seems clear  that the Henderson Investigation Division rushed to judgment under heavy political pressure from the SCA Board and its friends and failed to complete its duty.

      At the Board Meeting, Director/Attorney/Former Henderson City Attorney (and potential defendant) Ann Small announced there are consequences for filing a false police report.  Small also said (in a very threatening manner) that as a judge, she knew “the court was not lenient”.   Here is a transcript of her board statement: Ann Small’s Threatening Statement

Just a few days later the City of Henderson suddenly arrested Stebbins and Frank and charged them with “filing a false police report”–a criminal misdemeanor.  And, the Henderson Judge’s arrest warrant included politically-charged statements and subjective allegations that could only have come from the SCA Board Members and its attorneys.

      The City’s disgraceful treatment of these two, retired, elderly men may become yet another Henderson City nightmare when the public and courts finds out what The City did on this case.  Tim Stebbins and Bob Frank were only trying find a way to require the board to comply with the law to refund over $4 million of illegally-held/unneeded dues surpluses owed to 7,144 homeowners.

      These 70-something men were jailed, stripped, perp-walked and forced to be handcuffed behind their backs to a pole for over 4 hours while forced to wait to be the last prisoner of the day to be finger-printed.  They were also forced to post over $600 cash bail before being released from jail and before being arraigned the following week. 

      Imagine such outrageous treatment for these seniors!  In my opinion, this was City Hall’s political retaliation against Stebbins and Frank for daring to challenge the City’s friends on the SCA Board!

      Meanwhile, no one can remember a prior case where Henderson has charged and arrested anyone for filing a false police report.  And, it is not yet clear what happens when the case against Stebbins and Frank is dismissed.  After it is clear the SCA Board lied to the Henderson Police (not Stebbins and Frank), will Henderson arrest the involved board members using the same procedures as above? 

      No one (not even Berman) could miss seeing the direct connections between the board’s claims of being falsely accused, Director Ann Small’s self-serving threats of possible consequences, and the subsequent (false) arrests.

4.  A single Henderson Police Sergeant admitted he had failed to consult any tax experts when he decided to accept only the board’s excuses and then unilaterally decreed the Stebbins/Frank report to be “unfounded”. 

      The Sergeant claimed he had no business degrees, no accounting or CPA training, and that he had to spend hundreds of hours trying to understand the basic business issues.  He admitted to being unqualified to investigate this income tax evasion/forgery case. But, he failed to seek qualified professional help from disinterested parties.

5.  After well over a year of unreasonable court delays and wasted attorney fees being spent by Stebbins and Frank, the Henderson City Attorney and Municipal Judge recently had to admit they had irreconcilable, personal conflicts of interest with SCA Director/Attorney Ann Small.  

      After revealing such compelling evidence of conflicts of interests, the Henderson City participants recused themselves and hired a special prosecutor and special judge for this minor misdemeanor case. 

      In the future, it is possible evidence of inappropriate personal communications between Director/Attorney Small and certain Henderson officials will be revealed.

So, when Berman states “it was entirely the decision of the police to arrest and charge the two SCA residents” he is willfully lying. 

The facts show Berman has no direct knowledge, and his claims contradict the facts in evidence. 

The arrest of Stebbins and Frank appears to have been a “political” act requested by self-serving and DESPERATE SCA board members. 

When the court hearing is finally held, the full truth will come out.   Then we are likely to see the perpetrators of the real crimes having to face the justice system.

Posted in Ann_Small, 2011 Campaign, Bob Frank-2011, kay_frank, Truth Squad, Laws & Rules, Community Affairs, SCA Board, News! | Print | 1 Comment »