The [1] Berman Blog has said concerning the charges made by the State of Nevada against former Board President/VP/Treasurer Roz Berman (and other 2007/2008 Directors):  “These types of hearings are held on a regular basis and, while not fun to go through, they have never been labeled “indictments.” In fact, there was a time in the past when Bob Frank himself was facing the possibility of one of these hearings, and you never saw him calling it an indictment.”

Of course, we should expect him to try to cover up for his spouse’s flagrant (alleged) law violations as clearly described in the “indictment” from the Attorney General.   See [2] Anthem VOICE article below for the facts in the actual correspondence from the Attorney General’s Office.  Some might argue the process resembles a Grand Jury process where the Attorney General and Real Estate Division collaborate on the results of an investigation that concludes in the indictments and prosecutions of the accused directors.

While it might be called an “administrative hearing,” it is nothing like the “administrative” reviews some people have witnessed.  The hearing is judged by the Governor-appointed Nevada Commission for Common Interest Communities, and prosecuted by the Deputy Attorney General.  The accused have most of the features and powers of a criminal trial including the rights to introduce evidence, issue subpoenas to compel witnesses to testify, and to cross examine witnesses.  Such hearings (trials) are not scheduled unless there is compelling evidence of law violations.

High-powered defense attorneys  are provided by the board’s Directors & Officers Insurance–with $25,000 deductible authorized for each of the accused directors to defend them against the Nevada Attorney General’s charges.  Convictions could even lead to referrals to law enforcement for prosecution on possible criminal charges.

The State conducts only a few such hearings each year.  Out of 3,000 NV homeowner associations with about 21,000 board members, it is truly a rare occasion for the State to have to go to such trouble to prosecute HOA Director violations. 

Usually the accused directors will respond to State requests to correct any alleged law violations and to promise to not do it again.   But, the SCA Directors and attorney have stonewalled the State for the past 3 years and forced this costly hearing/trial process.  The attorney received about $30,000 for this unlawful work in 2008.  He probably does not intend to admit his guilt and refund the money to SCA unit owners.

So now SCA members will have to pay up to the $25,000 insurance deductible on top of the wasted previous attorney fees. And, no matter how the suspended-attorney-forger-spouse wants to try to spin the truth, this “grand jury-like hearing/trial” is a very serious matter for Roz Berman, Mike Dixon and their associates.

Finally, Mr. Berman lied when he claimed/inferred I previously could have faced such a hearing/trial.  The process never resulted in an “indictment” against me because the Attorney General refused to prosecute.  There was a total lack of valid evidence of any wrong-doing in the 17 allegations submitted by the SCA Board.  All allegations were dismissed/dropped by the State as unfounded.  The record shows that in spite of massive efforts and expenses in 2007 and 2008 to try to force me to resign from the board, or to have the State forcibly remove me from the board, the 2007 Board led by Mike Dixon and Roz Berman failed completely.

Since nothing was valid or substantiated, the Attorney General never charged/indicted me on anything.  History shows that my only mistake was thinking that directors Mike Dixon and Roz Berman (who had also pledged during their board campaigns to fire the Del Webb/Pulte-selected attorney and auditor) would honor their commitments. 

We have all been double-crossed by the boards and attorney since 2007.  And, the windfall profits for the association attorney is believed to have exceeded one million dollars in the past few years.