November 11, 2011 by kayfrank.

The November 11, 2011 LV Review Journal includes 2 new Reports from the FBI Investigation into HOA Fraud:

A. “Prosecutors place another piece in construction defects puzzle” by RJ News Reporter John L. Smith
http://www.lvrj.com/news/prosecutors-place-another-piece-in-construction-defects-puzzle-133677218.html

B. “Woman says Quon helped direct HOA scam” by RJ writer Jeff German:
http://www.lvrj.com/news/property-management-employee-becomes-10th-to-plead-guilty-in-hoa-case-133629953.html

If so, could the Sun City Anthem Director’s votes and RMI’s concurrences to continue using this attorney’s advice (in spite of receiving hundreds of SCA member complaints over the years) be shown to be examples of malfeasance?

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

September 26, 2011 by kayfrank.

A Review Journal article dated September 25, 2011 reports that famous Southwest Defense Attorney Cal Potter recently won yet another large financial judgement for police abuse by Clark County law enforcement officials.

You probably are thinking, so what?

Well,  Defense Attorney Cal Potter is a legend in this Southwestern area for his many decades of winning large settlements and law suits from government agencies (and particularly from police departments) for abuse of authority and other law violations. 

Mr. Potter is the attorney of choice for attorneys, business owners and citizens who are wrongfully exploited by local, state and federal government officials.

You might still be thinking, so what?

Well, it happens that Mr. Cal Potter is the attorney representing my husband, Bob Frank, against Henderson’s unjustified criminal arrest for allegedly filing a willfully false police report against certain Sun City Anthem board members for failing to comply with NV forgery law and federal income tax laws. 

And, no one can recall the last time, if ever, that Henderson had filed such a criminal arrest warrant against ANYONE–much less against an honorable, retired Air Force Colonel with a perfect lifetime record of honor and service to this Nation.

Even after Henderson received hard evidence last year of my husband’s innocence when the Internal Revenue Service Audit of the Sun City Anthem Board’s 2007 tax return proved his allegations were true, the City has steadfastly refused to dismiss the false charges and delayed going to trial.

But, after almost a year and a half of delays, that bogus misdemeanor case is finally going before a special judge on October 27, 2011. 

Meanwhile, the legal expenses have piled up for such a high profile attorney.  And, Henderson City officials have recused themselves and contracted with a special prosecutor and special judge.   It was discovered that most of the Henderson City leadership had irreconcilable conflicts of interest with a Sun City Anthem Board Officer (a potential person of interest to the District Attorney) who had been a Henderson Assistant City Attorney and Judge Pro Tem for many years.  The whole matter smells to me like it could wind up being related to the FBI’s broader investigation into other NV HOA corruption.

If you are not familiar with this outrageous case of police abuse and political attacks against my husband, see these links for some details:

1.  http://www.scaview.org/my_first_website/welcome/2010/03/youre-under-arrest-board-politics-and-political-influence.html

2.  http://blog.anthemvoice.org/2011/05/01/false-arrest-case/

3.   http://www.anthemtoday.com/forum/viewtopic.php?f=8&t=2597#p4820

Kay Frank

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

June 23, 2011 by kayfrank.

(Revised)  Mr. David Berman appears to have made a really big mistake this time.

He commented about SCA’s apparent plan to go to tax court to appeal the IRS audit report:

“… I had significant exposure to this process during my years in the Exam
Division of the IRS, and if it comes to that, you and Mr. Johnson will be proven
wrong.  An appeal of an IRS decision through the Tax Court is simply not the
commencement of litigation or a “civil action.” It is a RESPONSE mechanism, not
that of a plaintiff commencing an action.”

Did David Berman not previously confirm he was convicted of forging a judge’s signature
on tax documents and lost his law license?  And, did he not previously claim to have gone
to work for the IRS as a low-level, UNIX minicomputer system administrator and trainer-
-but, not as an attorney?

If so, how could he now be claiming to have been working in the “Exam Division of the IRS”
as if he had been employed as a tax attorney?  It makes one wonder if he ever disclosed to
the IRS that he was suspended from practicing law after admitting to being a forger?

As a former IRS Auditor, I had to go through extensive personal checks prior to employment.
I  doubt the IRS would have hired him or allowed him to continue being employed if it had
known about his forgery conviction.

It is also unlikely the IRS would have allowed him to participate in legal discussions or have
access to taxpayer records if he had disclosed his forgery record.  And, why would the IRS have
allowed a self-acknowledged/convicted forger and disgraced/suspended attorney to have
access to private tax records for a decade before being allowed to retire?

When I worked for the IRS, any personal history data that was discovered to be missing or
deceptively  submitted could have resulted in termination and prosecution.

So, we need to ask, why should anyone believe anything this disgraced individual says?  Do
we believe he participated in tax law discussions while deceiving the IRS about his being a
forger and having lost his law license?  Or, did he fabricate a false and/or carefully deceptive
story?

———comments added on June 25, 2011———-

By the way, I believe Mr. Berman is dead wrong by saying “An appeal of an IRS decision
through the Tax Court is simply not the commencement of litigation or a “civil action.” 
The final ruling by the IRS appeal process is truly “final” from the IRS perspective.  

The United States Tax Court process is run by a totally different agency.  Going to US
Tax Court is a civil litigation action that NRS116 and our governing documents appear
to require unit owners to approve–in advance.   Ask any of our SCA retired IRS agent/
auditor members or a licensed tax authority for their opinions before accepting anything
that Mr. Berman is spinning.

In the meantime, many members believe that the board is obligated by law to fully inform
every unit owner via the “Spirit Magazine”, “Relay Newsletter” or by a special letter of the
full facts, costs of appeal, projected costs of ligation and projected “savings”.  

The board must also follow Generally Accepted Accounting Rules by establishing a special
reserve account in the 2012 budget in the event the Association has to pay the full costs of
losing the appeals and litigation actions and related court costs and lawyer fees. 

It seems obvious that the total costs of appealing the IRS audit report finding could far
exceed the initial amounts.  History shows that corporations who dare to challenge the IRS
through Tax Court have a disastrous track record (while the involved attorneys get wealthy).
For example, there is a notorious Canadian company that went to Tax Court with a $50
million liability, and emerged 10 years later with a Tax Court ruling of owing $500 Million!

Our members would be truly foolish to allow the board and its self-serving auditor and
attorneys to continue to follow the current path.   It is impossible for me to imagine a
favorable financial outcome for our unit owners.

Kay Frank

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

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 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 »

April 25, 2011 by kayfrank.

Prophetic words that today I can still repeat—”will not cover up or
tolerate illegal secrets.”  

My prayer for each and every woman is that you, too have such a wonderful
life partner.  

Happy Easter to all. Christ is Risen, He is Risen, Indeed.

Kay

———–

A google search for “bob frank nevada” found this link to Ron Johnson’s
2007 blog! You never know what will be found left around on the Internet….

http://www.scaview.org/anthem-view/2007/08/the-sun-city-anthem-board-and.html#comment-88 

September 1, 2007 5:25 PM

kay frank said: 

My husband has never bullied anyone, including Roz Berman. Perhaps she mixes
him up with her husband. Bob is firm but soft spoken and absolutely refuses
to cover up misbehavior, or as Roz puts it “go along to get along”. 

As his life partner of over forty years, we have disagreed often and I have
always found him to be reasonable and flexible in looking at issues, but with
the uncompromising bedrock of ethical behavior. Raised by a single mother and
grandmother, Bob is always kind and courteous, and never patronizing to
women. In expecting Roz and the others to live up to their campaign and
moral duties, yes, he would be firm, adamant and courteous. 

Arthur, I think the judge found it easy to sign the notice to quit for S& D
Cafe. What she probably found remarkable was that our association board was
over two and one half years late. After not being paid rent for three years,
evicting them made sense instead of treating them like a charity case for
millionaires, and letting them stay until the end of the lease. 

Just the three years of expenses incurred in funding the utilities,
insurance, etc. for those millionaires at S&D cafe who were stiffing us on
the rent could have a significant impact on our dues increase.

In the matter of secrecy, the Business Development Club, headed by Bob
Frank, wrested the Trumpets contract out of illegal secrecy and shined the
light on it. If Bob Frank had not done so,I believe that this spring the
Trumpets amendment would have been signed in secret, sealed and delivered by
the old board before the end of their term. We would now be stuck with ten
more years of S&D cafe, with no assurance they would even pay their reduced
rent, and with gambling in our recreation center.

Is it any surprise that Bob Frank will not cover up or tolerate illegal
secrets just because “one of the club” tells him it is secret? 

————————-

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

March 20, 2011 by kayfrank.

David’s Anthem Journal said (in part) today:

“I am certainly not going to support a candidate who charged my wife with criminal acts before she was completely exonerated and who then was himself arrested and charged with filing a false police report.”

Posted by: David Berman | March 13, 2011 at 05:05 PM

Truth:  Past Board President Roz Berman and Secretary Roger Cooper and other Board members have NOT been “completely exonerated” from wrong-doing concerning the 2007 SCA income tax disaster.

And, our disgraced “suspended attorney and self-acknowledged forger of a judge’s signature on tax records” has once again lied by writing “charged my wife with criminal acts”.

Bob Frank and Tim Stebbins only filed a well-researched, and thoroughly-documented report of suspected forgery in a possible violation of Nevada Revised Statutes 205.  They only asked the Henderson Police Department to investigate their suspicions–as required of citizens when financial  wrong-doing concerning other people’s money seems apparent.  Even a suspended attorney knows that only the District Attorney can file “charges” on such a possible felony offense.

Truth:  The IRS Audit Report notifying the SCA Board it owed $1.345 Million in back income taxes and penalties for 2007 has shown that Tim Stebbins and Bob Frank did NOT knowingly file a false police report.

So, the slow process of the City’s justice system seems certain to eventually “completely exonerate”  Stebbins and Frank.  And, once again the questions will be: were there State or Federal criminal violations involved with SCA’s 2007  incorrect Income Tax filings?  And, who is responsible for the apparent mishandling of millions of dollars of surplus funds that were (falsely) claimed to have been “returned” to members?

The Board members and professional advisers who appear to have made, or went along with making false statements  to the Henderson Police Department will be the ones found in the harsh glare of extensive law enforcement investigations and possible District Attorney charges in the future.

Truth:   2008 SCA Board President Roz Berman and directors Shirley Cheri, Roger Cooper, Mike Dixon and Carl Weinstein had the perfect opportunity in June 2008 to avoid all of the millions of income taxes and penalties as reflected in the following document.
SCA Board Rejects Opportunity in June 2008 to Avoid Income Tax Fiasco

Note that this opportunity to resolve the dispute on whether the income tax filings were correct or not was in June 2008.  This was 4 months BEFORE the fateful 2007 Income Tax Return that contained apparently false statements.

This is only one of dozens of items of evidence that caused Tim Stebbins and Bob Frank to ask for law enforcement assistance on this matter involving many millions of dollars of SCA funds.

In other words, it is perfectly CLEAR that Tim Stebbins and Bob Frank have always been telling the whole truth, and nothing but the truth!

It also seems perfectly clear that current directors (Jack Troia, Roz Berman, Ann Small,  Dan Forgeron, John Waterhouse, Celeste Bove and Jerry Gardberg)  have viable options available to allow them to terminate the waste and abuse of SCA funds.  But, they seem determined to condemn themselves to share the guilt of past directors and auditor while they help cover up the obvious income tax return mistakes.

Since Troia, Berman and Forgeron would have to recuse themselves (due to irreconcilable conflicts of interest on the tax issues) the remaining four directors could easily stop the madness.

That 4-member board majority could call an emergency board meeting and vote to hire their own 3rd party negotiator (with no conflicts of interest with the board, auditor, attorney or developers) to cut our losses to the bare minimum. 

Will you join me in writing and asking for that alternate, smart course of action?

Kay Frank

Posted in Bob Frank-2011, 2011 Campaign, kay_frank, Truth Squad, SCA Board | Print | No Comments »

February 19, 2011 by kayfrank.

If you had listened to the SCA directors (past and present) and the board’s contracted auditor/tax preparer, CPA Gary Lein, you might conclude the dispute with the IRS Revenue Agent is just about whether the board had the “authority” to DECIDE on befalf of members to:
(1)  immediately REFUND the surplus assessment income to members, or
(2)  RETURN all of the surplus funds by cutting the annual assessment rate the NEXT year.

But, accepting that misdirection would be a huge MISTAKE!  The REAL issue TODAY is that the boards NEVER RETURNED the surpluses as the Treasurers CLAIMED UNDER OATH!  It is no wonder certain individuals want to stall as long as possible (at any cost to us) before having to face the music!  And, certain directors have been deceiving us for years.  See this document for some hard evidence of that:  Cover-Up

The hard evidence shows the board has filed knowingly FALSE tax returns, lied to the Henderson Police Department, and deceived the membership into believing ALL assessment surpluses have been returned.  Look at this last page of SCA’s 2007 Income Tax Return for some CLEAR evidence.
2007 Tax Return Page & Board Resolution Showing False Claims

Past and current boards have gone so far to falsely claim they had spent some of the assessment surpluses from prior years to “keep dues from going up”.  Outrageous political deceptions!  IRS specifically prohibits the board from doing that under 70-604!

It is now shown that all past SCA dues have been GROSSLY over-charged since 2005!  The boards have been rolling in surplus assessments and wasting hundreds of thousands of dollars while claiming to be managing “prudently”.  Shame on all of us for buying such trash!

Certain individuals have even falsely claimed to use prior year surpluses to enable the “dues holidays” in the 4th quarters of 2008 and 2009.  But, the income tax reports, the IRS audit, and the annual budget reports PROVE those statements were false.

For example, look at the attached budget chart the board FINALLY revealed in 2009.  It clearly reports there were millions of dollars of UNTAXED surpluses rolled over, year-by-year, since 2002.  Never were the annual assessment rates reduced to allow member refunds from prior year surpluses–as mandated by the IRS to AVOID income taxes .

A review of the 2008 and 2009 budgets submitted for approval by the board and members FAILED to refund the millions of accumulated surpluses. And, while the budget planning charts showed the accumulated surpluses, the actual budgets did not show the surpluses.  If they had, the obvious questions would have been, why are the assessments not CUT–instead of increased?  This indicates DECEPTIVE accounting–if not violations of generally accepted accounting standards.

We now know the so-called “dues holidays” had NOTHING to do with the prior year assessment surpluses.  They had to do with the CURRENT year EXCESS assessments AFTER the boards discovered they had failed to find ways to spend all of the gross overcharges, and when there was no room in the BLOATED reserve accounts to park any more surplus money.

The board’s own records show there were millions of accumulated assessment surpluses AFTER the 2008 and 2009 dues holidays.  IF the boards had been telling the truth to the IRS, Henderson Police, and our homeowners, the annual assessment rates would have been REDUCED BY MORE THAN FIFTY PERCENT (50%) in both 2008 and 2009, and there would have been ZERO accumulated surpluses at the start of 2010.

Look up the names of all those on the SCA board and finance committees since 2005, and see if you can find more than one board member who voted to reduce the annual assessments and voted consistently against raising them.  One director was ridiculed and harassed when he tried to get the board to understand and apply the tax code correctly. Two SCA members were arrested in 2010 when they were merely seeking justice for fellow homeowners.

Now we know that, contrary to the deceptions by those self-serving directors and friends on the finance committees, our annual dues should have been set at least twenty-five percent (25%) lower than it was.   If we had had honest and ethical directors, we could have enjoyed the extra cash, our property values would have been significantly enhanced over today’s levels, and our lifestyles would not be dragged down by the endless disputes over the board’s financial misconduct.

So, in the future when the SCA income tax issue come up, tell the board members, candidates, and everyone you know that you DEMAND YOUR MONEY BACK!  You want the board to STOP wasting your hard-earned money on their egos and their lawyers.  Instead of paying income taxes on surplus income, YOU INSIST THE SURPLUSES BE REFUNDED TO YOUR SCA ACCOUNT–as the law requires!!  And, you know that there is NO REASON to pay income taxes if they RETURN ALL of the accumulated surplus assessments!

Tell the directors (in writing and in person–every chance you get) that you will hold them personally responsible if they don’t immediately stop wasting your money by trying to bluff, bully or finesse the IRS.  Tell them that saving the director’s egos is not worth a penny of your money.  Assure the directors you consider it GROSS NEGLIGENCE to be wasting your money appealing the tax ruling and that you will be working with the whole community to demand they personally make up the losses from their bad judgments.

Kay Frank
SCA Resident
————
If you are not conversant with Revenue Rule 70-604, see this link for easy to understand details:

————

Kay Frank
SCA Resident

References:

• Bogus Dues Holidays 
• Dues Overcharged
• 2010 Dues Should Be $800
• Why Is There A Dues Holiday?
• Dixon & Roz Berman Fail to Explain Taxes
• Briggs Reports Income Tax Return Errors

(Note: to find more postings on taxes and related matters, use our Search Box at the bottom–left of the home page.)

Posted in 2011 Campaign, Ann_Small, SCA Board, Community Affairs, Operations | Print | 1 Comment »

September 3, 2010 by kayfrank.

Rana Goodman posted on AnthemToday:  “The Southern Hills Republican Women are bringing Sharron Angle to our neighborhood so you can hear the full and complete thought of what was said and ask your questions before voting day.”  …  “LOCATION: Buckman’s Grill, 2600 Hampton Road, Henderson, NV 89052.   Come early and meet your friends, the Guest Speaker and other candidates. Lunch is served (September 28) at 11:30.  Make your $22.00 check payable to SHRW and mail it to: Donna Lakers, 1817 Tarrant City Drive Henderson, NV 89052 616-0056.  Or, drop off your check in the mail box by the door at: 2001 Di Pinto Avenue, at the corner of Hampton and Di Pinto.  Deadline for reservations is Sept 22nd.”

————————————–

AV agrees that citizens should go see Candidate Angle in person–when ever you can.  Forget about the political party positions.  Ask Sharon Angle the hardest questions you can, and listen to her replies. Women in particular need to filter out the partisan, chauvinist, progressive spinning heard and seen everywhere you turn.  Make up your own mind about what you think is the truth.

Angle won her primary in a big surprise to party leaders.  Her fundamental honesty, ethics and Judeo-Christian principles helped her rise above the dirty politics and reach the rank and file voters.   She overcame the power brokers and massive media bias and won the trust of those she personally contacted during her grassroots campaigning all over Nevada. Even large numbers of registered Democrats were supporting her primary efforts.  That same grass roots style will serve her well in the future.

Sharron reminds us of “Mr. Smith Goes To Washington”, but she is the real thing. She shows Americans who are seeking honest, ethical representation in Washington that she is worthy of our trust.  And, after you have taken your own measure of this honorable woman (wife, mother, teacher and civic volunteer) make a list of the issues you can agree with.

Do the same for our national progressive leader from NV–Mr. Reid. Your list favoring Sharron Angle is highly likely to be many times longer, and you are likely to agree that our State will lose nothing by replacing Mr. Reid with someone who is not apparently corrupted by decades of tainted money and global power brokering.

Looking back 12 years, most citizens in N V could agree that NV was MUCH better off before Reid became Senate Majority Leader.  Only he seems to have benefited from his Senate leadership position.   As Sharron has said, “we can’t stand any more of Harry Reid’s help!”  I believe that Harry Reid is a losing bet for the future of our families and our Nation.

Don’t miss the chance to see and hear Sharron Angle on Tuesday, Sept. 28@1130. Due to the very limited space, reservations are absolutely essential.  And, no other venue offers the easy access and relaxed environment provided by the Southern Nevada Republican Women’s Club Luncheons in Buckman’s.

Posted in Outside Politics, Operations | Print | No Comments »

July 27, 2010 by kayfrank.

Some members are asking, “So what if the IRS is here to audit SCA’s 2007 income tax return?  Haven’t we had the best HOA auditor in Nevada and many CPA’s on our Board and Finance Committees?” How could this happen?

These articles might help answer those questions:

It Could Happen To You

federal-fraud-law.pdf

After intense pressure from various members since 2007, the board finally disclosed in August 2009 that it had NOT been returning (refunding or crediting) all surplus assessments as required to qualify for an income tax exemption on the “surplus  incomes from membership assessments”.   Accumulated surpluses from over-charged assessments since 2002 was reported to be close to $5 million and growing.

surplus-build-up-2002-2009.pdf

The qualified people I know believe that all of that money should have been returned/refunded each year to SCA members.  Since 2007, many competent SCA members have expressed concern to the Board and to the auditor at what has appeared to be a violation of IRS rules and tax laws, but all comments and recommendations have fallen on deft ears.

If the board, auditor and attorney have been perfectly correct all along, why have they refused to explain their rationale to concerned members?  And, if the audit goes poorly, SCA members may see most of their money wasted on paying taxes, interest, penalties and professional fees instead of receiving credits to their accounts.

Meanwhile,  we should remember that such IRS business audits can take months to complete and years to settle–if the board decides to challenge the findings in court.  We will just have to wait and monitor the monthly attorney and auditor billings for signs of progress.

Use the “search” tool for “audit” at the bottom left of this screen to find all of the relevant Anthem Voice Blog articles since 2007.   There are other related articles on the Anthem Today and Anthem View web sites and they also have search tools.

Kay Frank

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

April 24, 2010 by kayfrank.

Could someone please summarize the results of the discussions with Senator Reid’s Sara Moffat when she visited SCA last week? I was away and could not attend.

If Senator Reid is unwilling to take this direct action for our Anthem communities, we will know that he has unresolvable conflicts of interest with the mining industry that are more important to him than (1) human health and safety, (2) massive/unacceptable consumption of underground water for 30 years, (3) decades of unacceptable degradation to the air quality in the Henderson and Las Vegas areas, (4) dust and noise contamination in the Sloan Canyon Preserve, and (5) seriously degraded personal and business property values within a 10-mile area.

Posted in 2010 Campaign, kay_frank, SCA Board, Community Affairs, Safety, News! | Print | No Comments »

April 23, 2010 by kayfrank.

Unfortunately, the Election Committee and Board has not yet responded to my respectful request to replace my candidate flyer with a revised version for the second ballot mailing. This is a very worrisome sign of bias against independent candidates. Here is one of the items of correspondence that I have submitted today for action.

—————-

(signed)
Kay Frank
SCA Board Candidate for 2010
702-280-2780 or 702-505-9959
kayfrank@cox.net
kay_frank_flyer_16apr2010.pdf

Posted in kay_frank, 2010 Campaign, Truth Squad, SCA Board, Operations | Print | No Comments »

April 20, 2010 by kayfrank.

In accordance with Nevada Revised Statutes, board candidates and unit owners are entitled to publish their opposing views in association media channels and at no cost to the members.

And, for the first time in SCA history, I have exercised those rights on April 16, 2010 (See Below Attachments).

Included are my April 16,  2010 letter to the Board, my prepared statement to members to be included in the revised ballot package for distribution before May 1, 2010, and my revised candidate flyer.

It could be critical to the election success, and to the future of this association, if the board refuses to honor my reasonable and lawful requests.

Meanwhile, it could be useful if other candidates and SCA homeowners would review the details of NRS 116.3103 and NRS116.311 75.  It seems clear that board candidates and other unit owners are entitled to publish their opposing views to the board’s policies.

The law appears to not limit the available channels for opposing views to just the  magazine.  For example, recent board decisions to prohibit the use of Ch99 resources for campaign purposes would appear to be incorrect, if not unlawful.

For probably obvious reasons, the Directors and CAM have not previously explained these new, lawful ways to openly debate matters of broad community interest.

List of my recent correspondence with the Board of Directors:
kay_frank_ltr2_bod_16apr2010.pdf
kayfrank_ballot-statement.pdf
kay_frank_flyer_16apr2010.pdf

Kay  Frank, 2010 Independent Candidate for the Board

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March 30, 2010 by kayfrank.

Bob and I selected Sun City Anthem 5 years ago as our home because it perfectly fit our dreams for a wonderful retirement life. We sought warm weather without high humidity, a readily accessible airport, and un-crowded neighborhoods.

Del Webb’s one-story homes; with its generous room dimensions, affordable entertainment options in the local and state areas, and the style of luxurious community amenities designed for seniors was a perfect fit. Anthem offered so much more than the quality homes, golf courses, and club houses of so many other retirement communities.

Sun City Anthem also offered the unique benefits of being high up on Black Mountain where the views of the Strip are spectacular, the air is vastly superior to Las Vegas, the temperature is usually a few degrees cooler than the valley, and the din of “Sin City” is far enough away to be ignored. I say we live in a “cruise ship on the desert.”

This is a truly unique and wonderful place to spend the rest of our lives. Yes, the resort-style engineering, design, infrastructure and location are remarkable components of our special lifestyle in Sun City Anthem; but there is far more than that to make us so proud to live here.

We are part of a huge community that is exceptionally well-designed to be operated at low cost over its lifetime. With 7,144 homeowners paying assessments, the member assessments and other costs of living in Sun City Anthem should always be significantly lower than the typical upscale, age-restricted development in Nevada. What a bonus!

In addition, our three recreation centers are better designed than many of those found in other senior communities. We know that is true because we looked at so many others facilities before selecting SCA as our home.

Our Anthem setup allows for an amazing number of clubs and special interest groups (SIGs) to be operating simultaneously. We can participate in our hobbies, attend fitness center facilities specializing in senior programs, or just socialize throughout our vast community center facilities.

If you don’t find your hobbies served by the current clubs or SIGs, you can easily start your own. The community is large enough that groups and speakers are interested in coming to club and association programs. Even more importantly, our SCA members are typically selfless in their attitudes towards others.

Our many SCA clubs and groups are proven community leaders as they reach out to Henderson and Las Vegas by volunteering and donating time, talent and fund raising expertise.  Although the vast majority of SCA members moved here from other states or other nations, we have not forgotten we are of the American generation that volunteered for scout troops, food banks, schools, churches and charities– and we continue to volunteer. Our community has proved it is particularly unselfish and compassionate with regards to others.

So, while this community is the best senior community I have ever seen, it is not perfect. There are some important things needing to be done to put it on the path being considered a “paradise”.

That is why I am a candidate for the SCA board, and why I have offered my time and skills to working with others who share my enthusiasm for continuous improvements for the future.

Please elect me to the board and join our efforts.

Posted in kay_frank, 2010 Campaign | Print | No Comments »

March 21, 2010 by kayfrank.

I have received email and been asked to be more specific in my revised recommendations on the restaurant lease matter.

Here is today’s expanded update:
———-
My position is that the Board signed a lease with Tirzo’s shell company just a few months ago. He has been in default since the beginning quarter by failing to fully pay all obligations–on time.

This shows he may have falsely claimed to have the resources to operate for at least half a year without having to make a profit. There is no reason to allow him additional time to pay anything, nor should he be allowed to get behind at any time in the future–in the unlikely event he is allowed to continue.

Tirzo’s key problems are that he has:

(1) Shown he does not have access to the resources to operate the restaurant and catering operations without having to make a profit each month,

(2) Failed to deliver the quality of menus, food, and services required to attract the board’s business and the vast majority of SCA residents and clubs,

(3) Proven he knows virtually nothing about how to successfully market his products and services,

(4) Demonstrated he does not know how to hire experienced employees and/or train inexperienced individuals, and

(5) Demonstrated he does not know how to establish viable business plans, manage his cash flows, or attract investment capital.

I sincerely want a restaurant in Trumpets that consistently provides both quality table services and high quality catering services. But, it seems clear that the board knows Tirzo is not capable of doing the job. Fact: when given a choice of caterers to use for the opening event at Liberty Center, the board did not trust Tirzo.

The association should use professional business practices to obtain a successful operator of Trumpets for the benefit of the residents and clubs.

Kay Frank
Independent Candidate for SCA Director
kayfrank@cox.net

Posted in 2010 Campaign, kay_frank, SCA Board, Community Affairs, Laws & Rules, Operations | Print | 1 Comment »

February 6, 2010 by kayfrank.

The following PDF file contains my 2010 Board Campaign Flyer.

kay_frank_flyer_5feb10.pdf

Please send questions or comments to kayfrank@cox.net

Posted in kay_frank, 2010 Campaign, SCA Board | Print | No Comments »

February 11, 2009 by kayfrank.

I did not receive an email or other contacts from Linda Miller that recommended members not vote for Roz Berman, and I was unaware she had sent one until my husband read David Berman’s attack piece on his blog.  Ms. Miller has the right to her independent opinions and the freedom to state the facts and to make recommendations as she wishes.

Mr. Berman is clearly attempting to harass this homeowner and at the same time send a message to everyone who might dare to speak out to oppose Roz Berman’s behavior.  No doubt Roz will claim she did not know about this nasty behavior and again pretend to be a victim of David’s misconduct.  But, Roz should be required to put a stop to David’s bullying and to apologize to Ms. Miller.

Here are some facts.  David Berman has validated Ms. Miller’s concerns over Roz Berman’s re-election candidacy by his bullying actions, and by Roz’s failure to correct him.  As Board President, she is required to act swiftly against such misconduct—especially when it is her own spouse who is misbehaving on her behalf.

We have seen this kind of attack and intimidation by David Berman before  this flagrant attack.  He is showing typical behavior when someone opposes him or his spouse.  In the past, some of our community women have been physically threatened by David Berman when they did not agree with him. He has a known anger management problem, and Roz protects his misbehavior.

Meanwhile, David’s claim is false that my affidavit filed against Roz Berman and Carl Weinstein is the only one that Ms. Miller could have been talking about. Roz Berman has received numerous SCA and Nevada Real Estate Division complaints while she was on the Board. And, Real Estate Division actions are not final while the individual making the complaint is pursuing other available channels for appropriate actions.

Nevada did recently direct Roz Berman to comply with the law and provide uninterrupted time to community members during member comment times.  David Berman has even admitted that fact and thereby validated my allegations.  In addition, since David has made such a big public issue out of this matter, I have been asked to post a summary and transcript of the violations at this link: 
Affidavit Summary
Transcript of Violations

Meanwhile, my tip to all SCA members, and especially to David A. Berman’s blog readers, always read between his lines.  He and his spouse ignore basic issues while they are viciously attacking those who seriously disagree with them.  And, they arbitrarily dump everyone who disagrees with them into a common opposition group.  That is a classic dirty politics technique.

This community should recognize that Ms. Miller does not deserve to be harassed and intimidated for simply exercising her rights when privately stating her preferences and her reasons for making those choices.  If she had used similar words to urge her friends to not vote for my spouse, we know from past experiences that the Bermans would have defended her rights to do so.

The Board President can not be allowed to stand by quietly while her spouse runs roughshod over others. Roz Berman should apologize to Ms. Miller and openly repudiate her husband’s vindictive campaign activities.   The SCA community should require Roz Berman to be the leader she was elected to be by publically apologizing to Mr. Miller and repudiating David’s willful misconduct.

Kay Frank

Posted in 2009 Campaign, Truth Squad, SCA Board, Community Affairs | Print | No Comments »

September 8, 2008 by kayfrank.

David Berman posted this today on Ron Johnson’s OP-ED blog:

“One of the things that characterizes how Bob Frank uses his blog is that he is a coward. Apparently he and others are afraid to associate their names with their anonymous posts over there, which makes one wonder why they are too cowardly to stand up for their beliefs. A very curious thing coming from a person who pays lip service to fighting secrecy in the Association but makes it his own trademark. He and his colleagues are obviously afraid of SOMETHING.“

This is just the latest outrage of literally thousands of hateful and retaliatory words written by David Berman on his site and Ron Johnson’s site about my husband and many other residents during the past few years. And, since we are also aware that he has written many more thousands of words of frequently hateful attacks on public blogs in the past decade, we have to accept that he has a serious personal problem.

Why would someone who is a suspended attorney and a self-admitted forger want to publicly accuse a combat-decorated, retired senior officer of being a coward?   That makes no sense!  Why would he think ANYONE would think that kind of action was appropriate conduct for the spouse of the Board President and a former board member himself?

Since David Berman is clearly not joking, what is his true purpose?  He is desperately trying to divert attention away from the growing exposures his misconduct over the years have created instead of accepting personal responsibility.

Kay Frank

PS.

For those who are not aware of it, Anthem VOICE Blog has always been a group effort in support of the Sun City Anthem community.  Articles published under Admin and VOICE identifications on this blog and on www.anthemvoice.org are a colaborative effort by multiple members.

This approach helps to focus attention on the issues.  It has also helps to discourage the kind of unwarranted personal attacks you see from David Berman, Carl Weinstein and their hyena pack–since they can not be certain of who to chase.

Posted in Truth Squad, SCA Board, Community Affairs | Print | 3 Comments »

July 5, 2008 by kayfrank.

Someone has asked me why did I “accept” Carl Weinstein’s “apology” for his verbal abuse of me during the June 26th Board Meeting, and then file a Code of Conduct Violation against him on July 3rd? If you have not yet reviewed the case, the details are in this file:  coc_3jul08_public.pdf

For my answer, I ask members to review the attached article titled: “When An Apology Is Not An Apology“. Fauxpology.pdf

Here is an extract of the article for your convenience: “…the criteria a statement has to fulfill in order to qualify as an apology, and in layman’s terms, we can say that it requires two parts: 1) regret (the “I’m sorry” or “I apologize” part), and 2) responsibility (some explicit statement that you were the one who did the thing that’s being apologized for). The statement “I’m sorry that I borrowed your jacket without asking,” for example, meets both of those criteria. There are several other conditions which will disqualify a statement as an apology if they’re not also met (for example, if you don’t actually regret the thing you’re apologizing for, and are only saying you do in order to curry favor with the apology’s recipient), …” “…basic form is pretty darn basic: regret, and responsibility. They’ve both gotta be there, or else it’s not an apology. Often, people will use a rhetorical trick in which they make a statement that has a lot of the superficial trappings of an apology, but without one or both of those basic criteria of form. I call these statements “fauxpologies.” One classic type of fauxpology is to say something like: “I’m sorry that you’re upset about me borrowing your jacket without asking.” This fulfills the regret criterion, but not the responsibility criterion, since the speaker is expressing regret not for an action, but for someone else’s emotion.”

In other words, Carl’s statement was not a sincere apology, it was a “fauxpology“. After reviewing the words and tone of his statement from the recording, you can clearly hear that he did not intend to sincerely express regret for his repeated attacks on me, nor did he intend to accept any responsibility for his gross failure to respectfully behave as a board officer.

Most importantly, Carl did NOT retract calling me a liar during the Board Meeting (which he had done repeatedly.) In my opinion, after thinking about it for a couple of hours, he realized he had made a public spectacle out of himself, and he hoped others might miss the deception in his trained, HR-manager-styled fauxpology.

Normally I am a generous person who tries to be quick to forgive honest mistakes. But, Carl Weinstein has insulted me in the past, and I recognized his technique of only offering “fauxpologies“. He has a history of publicly insulting me and privately fauxpologizing using the classic, ” if I offended you…” In this case, his and Roz Berman’s repeated, calculated, and outrageous behavior used against me on June 26th were so obvious, so intentioned, and so serious that they could not be ignored.

If you would like to listen to the sound bytes click:
1. Recorded segment of Kay Frank’s Public Comments and Board Officer Harassments
2. Recorded segment of Carl Weinstein’s fauxpology

With regards to all of the above, you can understand why I am requesting a public hearing and asking for sanctions to be levied against such flagrant board member misbehavior. Too much has been tolerated for far too long!

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

April 13, 2008 by kayfrank.

Dear SCA Friends and Neighbors,

Yesterday, I was the target of an identity theft and possible hate crime. Ron Johnson had already discovered that some sick individual was using the name of a real SCA resident to make nasty, even anti-Semitic posts about other SCA residents on his blog. What he and I discovered was that someone had also managed to log into his blog using my name. The post was only up a short time before it was discovered and removed. Ron has installed additional security measures to try to prevent this in the future. Thank you, Ron Johnson.

I believe anyone reading the truly hateful statement posted would have been highly offended–that was clearly the purpose. I think you were supposed to be so offended that it would hurt me and cause me to lose friends, hurt my husband, and cause him to lose some supporters and friends. It was also clearly intended to try to affect the current election of board directors. Perhaps the author wished to have us shunned by the community we love?

However, except for a few individuals, we do not believe our fellow SCA residents could be that easily deceived. It has been said that dirty political tricks and lies are best not answered to avoid more injury to a targeted person. While that might be true of a victim; we do not believe anyone in this community see us as victims. We can not tolerate the publication of sick lies and hateful political comments made under our names. So, be careful of anyone giving/sending you any outrageous remarks that are claimed to have been made by us or others. Always check them out with us.

Additionally, beware of blogs that have to be constantly modified when the author is confronted with proof of his lies, or forgets to put a disclaimer on a spoof meant to confuse residents and to skew the election. Please do not misinterpret my comments or intent. My husband and I are strong advocates of free speech and due process. Respectful disagreement is healthy; however, nasty, hateful, personal attacks must not be tolerated.

And, ask yourself, what could be the motives behind personally destructive actions and words? Why would individuals be so bent on trying to creating an atmosphere of hate and evil in this community and seeming to enjoy the nasty results? What would such a person be afraid of? What are the questions he/she is afraid of getting answered? In my opinion, such an individual(s) could be sick and potentially dangerous.

Please help us to find ways to deal with such fraud and abuse.

1. Let’s demand that business as usual does not continue. We must demand the right to ask hard questions and to get respectful answers. That will take away the incentive for personal attacks.
2. Let’s refuse to read or believe false stories, lies, and statements made by residents who have been proven to be untrustworthy.
3. Let’s try to use identity theft and hate crime laws to pursue this individual. It may take time but it may prove worthwhile.
4. Let’s identify the culprit(s), and publish their name(s) to the community.
5. Let’s discourage bad behavior in meetings by insisting that all meetings be conducted according to Robert’s Rules of Order and stop allowing some board members and residents to have super privileges.
6. Let’s require the board and standing committees to publish minority reports on key issues as provided by Robert’s Rules.
7. Let’s stop allowing some board members to have unique privileges (such as interrupting homeowners in board meetings, town halls and other meetings, using official communication elements for personal agendas without mentioning other opinions, bullying of board members, committee members and homeowners, and ignoring the statutes, etc..)
8. Let’s take back our official communications tools so that we have means to communicate and do not need to depend on blogs for information. More thoughts, ideas and especially minority reports will ensure good decisions because we will have more information and input about decisions.

I ask each of you to become more involved and help to end the evil behavior and personal abuse in SCA.

We live in a wonderful community. Each one of us deserves to be treated fairly and equally. We will be much happier, and our property values will increase, if we work to end to such hateful and disruptive behavior.

Kay Frank

Download Version of this Posting

Posted in Truth Squad, Community Affairs | Print | 1 Comment »

April 4, 2008 by kayfrank.

This is my response to Bob Sansing’s post on another blog which said:

“Now let’s be clear. We are supposed to believe that at least 15 members of the Finance Committee, half of which are CPA’s, 10 members of the Board of Directors, our outside Independent Auditing Firm, are all in a conspiracy over the last several years to purposely falsify our tax returns and overcharge our resident dues. Why because Bob Frank and/or John Briggs who received their accounting degrees from where, tell us so.

I have just one question. What is the motive? And for those of you who actually believe their garbage, you get what you deserve. Have a nice day.

Bob Sansing (one of those 10 Board Members)”

Mr. Sansing–What do you think about the bankers, accountants and lawyers that work for a major bank that stunned most Americans by being taken over by another bank recently? They were specialists in a specialized industry–what about the accountants, lawyers and loan officers that work for many loan companies that have gone belly up after failing to protect their company and stockholders from bad loans?

What we have here at SCA are perhaps well meaning people with a little knowledge–always a dangerous thing–now having their egos (often not little) in danger and therefore, ignoring the coverup. And, just because lots of SCA residents do not have “CPA” or “ESQ” or “PhD” hanging off their names does not mean they are stupid or lacking in common sense.

Mike Dixon stated that 10 1/2 months ago, former board members Favil West and Dave Weil illegally signed the co-gen money agreement (1.4 million dollars of our money) to the greening of the 3rd Rec Center. Favil West and Dave Weil were no longer directors at the time they signed as directors representing SCA. Was that illegal or wrong?

Bob Berman also signed that agreement. Who did Bob Berman tell about that agreement? Did he tell the residents of SCA–after all, it was OUR money? Did he tell any of the other current board members?

We know he told Mike Dixon, because Mike told us he had been trying to void that agreement. Mike Dixon is president of the board, in law, that allows him only one priviledge not accorded to every other board member–chair the meetings. It did not entitle him to keep that information secret from other board members–as John Leach stated about the villa’s agreement. The board did not have the right to keep either agreement secret from the SCA homeowners.

In my opinion, Bob Berman and Mike Dixon have broken the law. Why did they cover it up for so long? If on May 3rd, or any time shortly after the signing, Bob Berman had informed the other sitting directors, the association board could have, in a timely manner, gone to Pulte and repudiated the agreement and demanded payment of the co-gen $1.4 Million.

The other directors lost that opportunity to collect that money and SCA residents lost the opportunity to decide how they would like to have the 1.4 million dollars allocated to us. Even if we took the money and paid taxes on it, we would have had almost a million added to our reserve funds. Bob Berman was apparently appointed without a legal board vote to be SCA liaison to Pulte by just Mike Dixon. The appointment and the actions were not legally defensible, in my opinon.

So, you are wrong if you deny we have a secrecy problem at SCA. We have a record of Mike Dixon admitting illegal secrecy at the March SCA Board Meeting. He rushed by that illegal action and quickly changed the subject to voting on the third rec center after waiting 10 1/2 months and leaving us with no opportunity to reject the greening or some of the greening. Bye, bye to 1.4 million dollars!

We MUST demand a stop to the secrecy about the tax returns and the reserve money and the villa’s money and all the many aggressive actions by the Dixons against SCA homeowners and the Minuteman Foundation through the Ombudsman’s office. Sure, our insurance company is paying to defend some board members and former board members, but the insurance only kicks in after a $25,000 deductible–per case. Plus what is the association paying for the Dixon’s cases against our own residents and the Minuteman Foundation?

At that same meeting, Mike Dixon illegally read false statements about my husband that he has since taken off the web site, but no apology for his defamatory comments have been given. He was warned by my husband, Bob Frank, while he was reading his statements that he was violating the law by telling those false items.

I wonder, was he stating those outrageous things in order to get you to be so upset that that you might leave the meeting or tend to miss the significance of what you were shortly going to hear about the $1.4 million giveaway that had been hidden from you, my husband, and some other board members?

In my opinion, Dixon, Bob Berman and Roz Berman have systematically kept vital financial information from my husband and you. Aren’t you more than just a little concerned? Luckily, SCA is not Enron, Bears Stearn or a failed loan company as we are not bankrupt. But, without better management, we might get there.

It is clear that members are being denied crucial financial information that as homeowners we have a right to know. We must demand the facts–not deceptions and patronizing reassurance that “all is great” like we got for 10 1/2 months on the third rec center and our $1.4 million co-gen money.

Follow the money. It will tell the truth. You have a legal right to the truth. Tell them to stop saying “trust me”. We want access to the full information, and we want the charges to access SCA records to be stopped.

Trust, but verify… Kay Frank

Posted in Truth Squad, SCA Board, Community Affairs, News! | Print | 1 Comment »

February 16, 2008 by kayfrank.

A valuable book is missing from the February 14 Women’s Club Luncheon, and help is requested to find it and return it to its owner.

We are trying to locate the member who won the gift so the book can be returned to Tina Aguiar, who does photo organization, and calls her company “creative memories”.  Tina made a display and raffled off a gift at the luncheon on Thursday, and her sample scrapbook with personal photos got mistakenly mixed up as part of the gift.

Tina can be reached at 361-4188 if someone has located the missing scrapbook with photos.

Thank you for assisting on this matter.
Kay Frank
SCA Women’s Club Co-President
505-9959, kayfrank@cox.net

Posted in Clubs & SIGs, News! | Print | No Comments »

November 18, 2007 by kayfrank.

While most of us tend to ignore the many false statements found on Ron Johnson’s Op-Ed blog, I have found that such drivel actually gets repeated by some in our community, and it may be constructive to post the real facts in order to shut down the disinformation value of such trash. For example:

November 18, 2007 1:17 PM

Son of Mr. Incredible said:

Seems we have a bunch of folks here that like to badmouth people because they call the shots and also call Bob Frank just what he is. A pompous guy who probably had to leave the military because he got passed over for promotion several times.

And, my response is:

Kay Frank said:

I am going to tell you the facts.

My husband, Bob Frank, served from August 1963 to August 1985, including three years in Southeast Asian Combat Zone. During that period he was awarded three decorations for distinguished combat zone performances including the Legion of Merit and Bronze Star as a Captain.  He was told that his Legion Of Merit award as a AF Captain was only matched that year (1970) by an Astronaut and a POW.  He was awarded a second Legion of Merit plus many other achievement medals during his career.

Although not a pilot, he was promoted to every rank either with his contemporaries or ahead of them. From the time he was a major, he was at least three years ahead of his contemporaries. Such promotions placed him in the top one-tenth of one percent of all USAF officers of all ranks when the AF had over one million military members.

He was selected from over 10,000 officers to be the Military Airlift Command Junior Officer of the year in 1969. He was a 1972 semi-finalist for White House Fellows. He was a 1972 Columbus, Ohio Outstanding Young Man. He has sustained this level of high achievement throughout his life.

Bob retired in 1985 after completing four years in grade as a full colonel and receives retirement pay to reflect that (I know, I spend it! ;-) ) He could have retired two years earlier, but waited so that his daughter could graduate from high school along with her friends.

My husband was serving in a General Officer position when he retired.  He would have had to wait for four more years, and accept three more moves before being eligible for promotion to general officer.  After retirement, he was replaced by a two-star general.

Of course, he had a full career and many achievements after retirement, but I am addressing only the “son of Mr. Incredible’s” lies.

Posted in Truth Squad | Print | 3 Comments »