February 1, 2012 by admin.

(revised)

After 4 years of spinning and being proven wrong by the IRS concerning failing to return end-of-year surplus assessments to SCA owners, one would think certain past and current board members would be trying to do the “right thing” and avoid personal litigation risks.  

But, such does not seem to be the case.  Past and present directors seem determined to ignore the case that SCA homeowners have the right to demand payment of the lost/un-returned surpluses since 2002.  Members simply do not have to accept the board’s negligent losses and succumb to unjustified special assessments. 

Members have remedies for dealing with certain director’s and finance committee member’s apparent knowing violations of various laws, statutes and federal regulations.  For example, this week a Sun City Anthem Director incorrectly reported the following concerning the next steps on the SCA 2007 income tax bill for $1.3 Million back taxes and penalties as follows:

“We have 90 days after we receive a note of deficiency — if we receive one.   Since we will not be initiating litigation but rather entering into an administrative appeal, we would not need a vote of the owners. I may have the description wrong but the spirit is correct in our understanding. 

I’m sure if it comes to that point this Board will be sure we have sound advice and impeccable legal standing for whatever action we vote to take.” 

But, the truth (as stated by a national expert on IRS procedures) is as follows:

“All of the process from the examination by an agent to the conclusion of the trial in the US Tax Court is done before tax is assessed.  It must be assessed before collection efforts happen.  I’ll try to break this down into steps:

1.  When the examination of a tax return concludes the agent issues a Revenue Agent’s Report (RAR).  The taxpayer can agree and pay the tax.

2.  The cover letter to the agent’s report says, “If you are not in agreement you have thirty days to file a protest”  you file that protest and it, along with the RAR, go to the Appeals Division.

3.  You make your presentation to Appeals and at the conclusion the Appeals Officer informs you of his/her decision at which time if it supports the agent you have the option of paying the tax!

4.  If you do not indicate your agreement with the Appeals Officer a report is issued with a cover letter.

5.  The cover letter says you have 90 days to agree and pay the tax or….. file a petition with the US Tax Court.  If you don’t voluntarily pay and don’t file a petition within the 90 day period you will be considered to have waived your right to take the matter to the Tax Court, the tax is assessed and collection procedures ensue.

It is interesting that the first thing that is checked on a petition is “was this timely filed”.  People tend to put this off… if filed on the 91st day it is too late and the tax is legally assessed and collected.

These are the steps in the process.  The time limits are only on the taxpayer not the government.

As you have seen when this examination was concluded the board was required to enter their disagreement (request for an Appeals hearing) within 30 days.  It was about six months before the government got around to scheduling the Appeals hearing.  

Now the confusion.  The Appeals Officer has informed the board that their appeal was denied, the Revenue Agent’s position is being sustained.  Apparently the AO stated it would be about three months before the “90 day letter” would be issued.  It could take five or six months…. there is no clock ticking on the government.  I know this seems like a long time but the step is a statutory… but clerical step.  It’s just waiting to be typed up.

When the 90 day letter (statutory notice of deficiency) is issued, the taxpayer will have ninety days from the date of that letter to either file their petition with the Tax Court or they will be considered to have waived their right and the tax will be assessed.  If not received timely it is not given notice by the Tax Court and waiver is presumed.

The same process has been in place since around 1929.  If you think it’s a little out of date….. it is! “

So, why would board members still be trying to pretend there is still hope to beat the IRS in tax court and claim they do not have to get membership approval via a ballot before being legally allowed to sue the IRS?

In case you missed it, check out Ron Johnson’s comments in this regard.
http://www.scaview.org/MoreLegal.html

Why are at least some of the new directors not rushing to pay what is owed and trying to minimize further taxes and penalties by making all of the required amendments to previous tax returns?  Could they have been threatened to keep their mouths shut or risk legal action from the old board members?

Can all of the past and present directors truly believe they all can avoid possible federal tax fraud charges in the future?  Historically, trying to bluff the IRS when you have a bad hand is not smart.

Are some directors just so hung up with their egos they are incapable of knowing the truth, or do they truly not care how much of our hard-earned money they waste?   Perhaps it is both?

We will continue to receive such grossly disrespectful treatment as long as we tolerate it.   And, as competent real estate professionals can advise, failure to disclose to potential buyers the details about the many unresolved SCA financial problems can create significant liabilities to sellers.  It can also impact the declining property values resulting from sustained SCA board misconduct.

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

January 24, 2012 by THE VOICE.

SCA Directors have been told they are solely responsible and individually accountable for the corporate decisions and errors concerning the funds collected from and managed on behalf of SCA members since the 2005 transition from developer control. 

But, by hiding behind the “so-called” Business Judgement Rule (BJR), HOA directors are told they can get away with almost anything (short of flagrant embezzlement) and not be held personally accountable.

So say association attorneys John Leach & Ed Song, auditor/tax preparer Gary Lein, community management company contractor RMI (headed by CEO Kevin Wallace), Nevada Real Estate Division Administrator Gail Anderson, and the NV Commission for Common Interest Communities and Condominiums (7 members appointed by the Governor from the HOA trade association (CAI) including 3 with obvious Sun City Anthem board conflicts of interest–auditor Gary Lein, Del Webb/Pulte executive Randolph Watkins and 6-year SCA Board Treasurer/President Favil West).

However, while directors are expected to consult “professionals” when making their board decisions,
the NV Attorney General has notified directors that corporate laws prohibit them from blaming the professionals for providing poor and/or illegal advice.

The obvious conclusion is that individual Sun City Anthem Directors are personally responsible for their past mistakes and toleration of financial misconduct, law violations, income tax fraud, community property losses, contractor failures and over-charges, and cruel abuses of community members without justification and without following due process rules. 

It is truly illegal and immoral for current directors to refuse to deal with past gross financial errors which can be corrected  on behalf of our members.

Special accountability for fraud and abuse rests on the backs of SCA Presidents since 2005.   The SCA contract with RMI grants exclusive/sole authority to the SCA board president to direct all RMI employee and related contractor actions. 

In other words, board presidents are the first persons to be held personally accountable for board wrong-doing and gross negligence.  Second in the accountability chain under corporate law would be the Board Treasurers and Secretaries   Actions to enforce accountability should start with those officers.

But, what can be done?  Have any of them committed real crimes as described in Nevada Revised Statute (NRS) 205?   Read the laws for yourself from this online record and see what you think.
http://www.leg.state.nv.us/nrs/nrs-205.html

It is clear that if the evidence showed a director used a lethal weapon (such as a gun or knife) to threaten one or more SCA members to give up hundreds of their dollars, such a director could be charged and convicted under felony crimes for armed robbery and theft.

But, if the same director exploited HOA rules and hid behind the BJR to force members to pay exorbitant annual dues so the money could be wasted on untrustworthy sub-contractors where board members might receive hidden benefits or kickbacks for themselves, could they not also be held accountable by law enforcement agencies for what seems to be similar felony crimes?

We have hundreds of highly experienced members of this SCA community including some currently elected to positions as Clark County and Henderson Judges. 

No doubt such expertise could be used to find ways to enforce accountability–if such professionals would do their duty and stop looking the other way while crime flourishes all around us.  

If you know of such professionals in the financial, legal, and law enforcement businesess, please approach them and ask them to get involved–for their own sake as well as the whole community’s lifestyle and financial future. 

And, in the process, remind them that ignoring such crimes only encourages more of the same….

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

December 30, 2011 by THE VOICE.

Anthem VOICE was founded in part upon some fundamental concerns that Nevada HOA laws, rules and regulations appeared to contain serious violations of US and NV Constitutional provisions for citizen property owners, and that certain SCA directors were being shielded by government officials from being held personally accountable for financial misconduct.

Our initial concerns have been validated.  Some HOA statutes and regulations clearly deny constitutional rights to property owners/share holder members of homeowner associations.  The evidence suggests that such violations and statute defects have been crafted by the state and local government agencies and trade association to enable both the government agencies and the HOA business interests to obscenely benefit from their controls of HOA boards. 

As a result, there are no “fair dispute resolution” processes available from the NV Judicial Branch.  The HOA situation is a case of a decade of truly shameful actions by the Executive and Legislative Branches, and shameful neglect by the Judicial Branch.

Anthem VOICE has documented many examples of such misconduct over the years, and more cases will be reported on in the near future. 

Meanwhile, the following article by George Staropoli in AZ is one of many available at his site showing how tens of millions of trusting and apathetic HOA members have been allowing themselves to be “farmed/milked” of their hard-earned savings, retirement funds and American freedoms.

Evan McKenzie is another nationally-recognized author reporting on the shocking losses of constitutional rights and democratic practices due to unfair/dictatorial HOA laws and regulations.  (http://www.evanmckenzie.com/)   His list of current major HOA problems and necessary actions are quoted here:   Dr Evan McKenzie Quote

———-QUOTE———

Link to this Article & Website:  http://pvtgov.wordpress.com/2011/12/30/2783/

“HOA-Land — the failure to democratize

QUOTE

Note: The following is an excerpt from my paper, “Are the American people rejecting democracy at the local level?”

HOA-Land — the failure to democratize

Will the acceptance of authoritarian private local governments in the US result in a weakening of democracy in America, and destroy “one nation, indivisible, with liberty and justice for all”?  

“Democratization” describes the processes underlying “the emergence, the deepening, and survival of democracy” in a society.  Democratization is also concerned with the forces that affect the sustainability of a democracy.  And that’s the issue before us:  Has the First American Experiment with representative democracy succumbed to the “emergence and acceptance of a quiet innovation in housing,” the Second American Experiment? This New America of HOA-Land?[i] 

In his “Theories of Democratization”,[ii] Christian Welzel presents a case well applicable to HOA societies.  Welzel believes that, “Democratization is sustainable to the extent to which it advances in response to pressures from within a society.”  It appears that HOA-Land dwellers feel no need to pressure for change, just like Mayer discovered with his interviews after WW II.

People power is institutionalized through civic freedoms that entitle people to govern their lives, allowing them to follow their personal preferences in governing their private lives and to make their political preferences count in governing public life.

Since democracy is about people power, it originates in conditions that place resources of power in the hands of wider parts of the populace, such that authorities cannot access these resources without making concessions to their beholders. But when rulers gain access to a source of revenue they can bring under their control without anyone’s consent, they have the means to finance tools of coercion.

 The above amply defines the dynamics of political machines and power cliques that operate, more or less, within all HOAs from benevolent dictatorships to rogue boards. And with respect to voting as the sole indicator of a democracy, it is well known that HOAs are woefully deficient in fair and just elections, with no “fair elections” laws in effect. Welzel goes on to say,

Many new democracies have successfully installed competitive electoral regimes but their elites are corrupt and lack a commitment to the rule of law that is needed to enforce the civic freedoms that define democracy. These deficiencies render democracy ineffective. The installation of electoral democracy can be triggered by external forces and incentives. But whether electoral democracy becomes effective in respecting and protecting people’s civic freedoms depends on domestic factors. Democracies have become effective only where the masses put the elites under pressure to respect their freedoms.

 Once again we are told that there’s a need for pressure from within, from those living in HOAs, to uphold their Constitutional protections.  Even if state governments decide to enforce constitutional protections and the equal application of state laws, it remains with the HOA-Land residents to defend our system of government.  Welzel reaffirms this essential requirement, “It is only when people come to find appeal in the freedoms that define democracy that they begin to consider dictatorial powers as illegitimate.”

 Welzel offers a path to victory to stop this erosion of democracy within America that is highly applicable to the social movement for HOA reforms.

 As social movement research has shown, powerful mass movements do not simply emerge from growing resources among the population. Social movements must be inspired by a common cause that motivates their supporters to take costly and risky actions. This requires ideological ‘frames’ that create meaning and grant legitimacy to a common cause so that people follow it with inner conviction.

This is why values are important. To advance democracy, people have not only to be capable to struggle for its advancement; they also have to be willing to do so. And for this to happen, they must value the freedoms that define democracy. This is not always a given, and is subject to changes in the process of value transformation.

 And what about our elected officials?

However, although Welzel writes that “elites [those in power, the cliques] concede democracy even in the absence of mass pressures”, it is only “when these elites depend on the will of external powers and when these powers are pushing for democracy.”   But, with respect to HOA regimes, Americans cannot accept this state of affairs by state legislatures, especially not with respect to these fundamental issues of democratic governance — the very soul of this country.  The absence of legislative support, sua sponte (on their own), for HOA reforms throughout the country is inexcusable! 

UNQUOTE

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

December 19, 2011 by admin.

If you thought that some of our NV residents were over-the-top with their aggressive opposition to the NV smart meter program, wait till you see some of what is being said and done in California!  Californians have had to deal with the outrageous behavior of its Public Utilities Commission and various power companies for a few more years than Nevada.

Here is the leading graphic for this web article.   See quote below concerning why this writer accuses the power companies and PUC of “extortion”.   Since this article has been up since October 2011, the very serious allegations made must ring true or he would have had to remove it.  Here is a link to the entire (copyrighted) article from which some excerpts and the graphic are quoted below.
http://ppjg.wordpress.com/2011/10/03/cpuc-and-pge-misinformation-misrepresentation-and-attempted-extortion/

So, if you have been ignoring what is happening in the world concerning smart meters, then you might want to think again. Massive backlashes against smart meters is a global phenomenon.   Nevada is just late to the “party” and most of our citizens are just too trusting of those in power.  Searches about “smart meters” reveal thousands of very useful articles.  Here is one that summarized the whole situation.
http://morphcity.com/home/104-smart-meter-slavery

For example, see this Canada Free Press article reporting on Nevada public testimony in opposition to smart meters.  See the included quote from Anthem VOICE’s Bob Frank that was ignored by the Nevada media.
http://www.canadafreepress.com/index.php/article/43248

Here is a report on members of the Maine Legislature who are championing the removal of the “mandatory” claims by Maine’s power companies.  The word “extortion” also is mentioned in Maine.
http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20111113/NEWS/111130338/-1/NEWSMAP

And, in case you  missed it, recently there was a near-riot in CA when a group of elderly women paid to have their “mandatory” smart meters replaced with the old analog meters and PG&E cut off the power to the participants.
http://stopsmartmeters.org/2011/12/13/pge-shuts-off-power-to-sickened-families-2-weeks-before-christmas/

And, finally for today, here is what conservative talk radio host Dr. Mark Levin had to say about “smart meters”…
http://www.youtube.com/watch?v=W_XG25YKRGc

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

December 11, 2011 by THE VOICE.

The Ray Grant Show

on KDWN, AM 720, Sunday evenings from 7:30 to 8 PM has continued to feature HOA Issues and Solutions Program as moderated by Anthem VOICE’s Bob Frank during the past few months.

The December program will be tonight, December 11, 2011 at 7:30 to 8 PM.  Ray Grant and Bob Frank will be interviewing
Nevada Assemblyman Lynn Stewart (District 22) 

and Nevada State Director of  Business and Industry Terry Johnson

Assemblyman Stewart has earned great respect from Nevada homeowners as a champion in support of legislation and services to help protect HOA unit owner property rights.

Director Johnson was appointed by Governor Sandoval to lead the Business and Industry Department.  One of his major responsibilities is to directs the activities of the Real Estate Division, led by Administrator Gail Anderson, where all NV Homeowner Association policies, procedures and justice processes are managed.

During tonight’s December 11th program, the focus will be on matters of concern to Nevada HOA unit owners and what improvements can be envisioned for the future.   Discussions will focus on the increasing numbers of HOA board abuses of authority and the many concerns raised by the FBI’s 4-year investigations into Nevada HOA fraud and abuse.

KDWN is at AM 720 and live streams over the Internet at this link:
http://www.kdwn.com/streamer/

Sound clips of the December 11 program will be mounted on this site in the near future.

————–previous info—————-

The October 9, 2011 program featured Sun City Anthem HOA unit owner Tim Stebbins and Calico Ridge HOA unit owner Dr. Gary Soloman, PhD.   

Tim Stebbins responded to questions about critical HOA management problems and reported on his experiences with Nevada Real Estate Division failures to provide fair and balanced support services to both HOA unit owners and HOA board members.

Dr.  Soloman reported on his professional research and experiences concerning health problems caused by abusive, dictatorial HOA Boards and explained his rationale for putting up billboards on the freeways around Las Vegas such as illustrated below.

See the previous Anthem VOICE article for more details.
http://blog.anthemvoice.org/2011/03/31/could-living-in-an-hoa-be-hazadorus-to-your-health/

In November, Bruce Baxter from a HOA North of Las Vegas and Bob Frank were interviewed by Ray Grant on topics that elaborated on the points made during the October program.   11 sound clips in MP3 format from the November 13, 2011 program are attached at the end of this article.

—————-

Here are the sound clips in MP3 format from the November 13th program.

1-13nov11-hoa-kdwn.mp3
2-13nov11-hoa-kdwn.mp3
3-13nov11-hoa-kdwn.mp3
4-13nov11-hoa-kdwn.mp3
5-13nov11-hoa-kdwn.mp3
6-13nov11-hoa-kdwn.mp3
7-13nov11-hoa-kdwn.mp3
8-13nov11-hoa-kdwn.mp3
9-13nov11-hoa-kdwn.mp3
10-13nov11-hoa-kdwn.mp3
11-13nov11-hoa-kdwn.mp3

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

December 1, 2011 by admin.

As most Sun City Anthem members know, we have 4 different members running 4 completely different web sites with blogging capabilities and a wide variety of community services available for free to our residents.

Besides this AnthemVOICE (blog and archival sites) operated by a group of residents, there are 3 other forums/blogs operated at no cost to residents by Ron Johnson (the original SCA community web site), Rana Goodman, and David Berman.

All 4 services have been running successfully for many years without any help by the SCA Board and without commercial support.

But, in spite of having an $8,000,000.00 annual budget with dozens of contracted staff, dozens of volunteers on various committees, a highly competent SCA Computer Club with hundreds of members, and numerous full time RMI staff assigned to this function, none of the SCA Boards of Directors since 2005 have launched a community web site with all of the needed services required by our 7,144 households.

Why not?   Some people describe this abysmal record as “tragic incompetence”.  Others call it “GROSS negligence”.  Still others call it “fraud and abuse of authority”.   Finally, some members consider the board’s annual demand for dues increases without delivering the web services promised to be a case of “theft”.

What ever you call it, after 6 years of total failure, members have to be considered stupid and lazy for putting up with this ridiculous game!  No wonder we seniors are considered senile when they see this sort of scam being tolerated–for years!

Evan a unity-apologist for the board has to admit that no organization has ever spent more time and more money to accomplish less in terms of SCA web services than our Boards and the RMI Community Management staff.  Maybe this fiasco qualifies for the Guinness Book of Records–or at least a mention in the Channel 13 Hall of Shame?

Why have the boards failed so consistently?  Board excuses for failing, year after year, has not yet included “the dog ate their plans”, but the crappy excuses we have heard from the boards and RMI are no less juvenile and insulting.  Nothing they have said makes any sense when you look at what the rest of the world is doing with web services.  A start-up business can launch a really professional web site within a few weeks and only spend a few thousand dollars.  Clearly we have the wrong people with the wrong plans billing time against SCA!

Contrary to their lame excuses, it is clear the SCA boards, RMI and professional consultants have no interest and no intent in using web services to keep all SCA members informed on policies, procedures, activities or  lifestyle matters.   It is clear the board is practicing the “mushroom” strategy of keeping members in the dark and covered with dung.  The boards want members to be uninformed and afraid of being personally attacked to make it easy to get away with their mismanagement and deceptions.

So, our community will have to continue to depend on private, free web services to serve the community unless or until we finally get mad as hell and demand the community management company be replaced, force there be a large reduction in dues, and/or fire the board members for such failures of their fiduciary duties.

But, maybe you have had enough of the board insults with having to tolerate the lousy web services they are providing?  Ready for a petition drive and public demonstrations to force the boards to deliver?

If not now, when?  Just as in the case of the constantly failing restaurant operations,  we know that nothing will get better until the failed board members and their failed contractors are fired, and we get competent people elected and appointed to our leadership positions.  At least, that is how we see it.

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

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 »

October 20, 2011 by admin.

 AV Blog previously reported on the “smart meter” fiasco at this link:
http://blog.anthemvoice.org/2011/09/26/should-you-refuse-smartmeter-installation/

Some SCA members (led by Retired USN Commander Nelson Orth) have asked the Henderson City Council to intervene on behalf of our citizens, but the City claimed to have no authority to act.

But, how is it that California Counties and Cities appear to have the authority to protect their citizens?  Are Nevada cities and counties truly powerless to protect our citizens or is this yet another example of government misconduct?

See these web sites for more information:

1.  FAQ:  http://stopsmartmeters.org/2011/10/18/announcing-stop-smart-meters-faq/

2.  Blocked:  http://stopsmartmeters.org/how-you-can-stop-smart-meters/sample-letter-to-local-government/ca-local-governments-on-board/

“The following is a list of local governments within California who are opposed to the mandatory wireless  ‘smart’ meter program.

Names of cities and counties are linked t0 news coverage or official council minutes that substantiate each city or county’s inclusion.

Those local governments in red have passed ordinances that have made ‘smart’ meter installations illegal within their jurisdictions:

Counties (10)

Humboldt County (pdf)

Lake County

Marin County

Mendocino County

City and County of San Francisco

San Luis Obispo County

Santa Barbara County

Santa Cruz County

Sonoma County — AB 37 Support Letter (pdf)

Tehama County

Cities and Towns (36)

Arcata

Belvedere

Berkeley (pdf)

Blue Lake

Bolinas

Buellton

Camp Meeker (pdf)

Capitola

Clearlake

Cotati (pdf)

Fairfax (pdf)

Fort Bragg

Grover Beach

Lakeport

Marina

Mill Valley

Monterey (pdf)

Monte Sereno (pdf)

Morro Bay (pdf)

Novato

Pacific Grove

Piedmont (pdf)

Richmond (pdf)

Rio Dell

Ross

San Anselmo

San Rafael (pdf)

San Luis Obispo (pdf)

Santa Cruz

Sausalito

Scotts Valley

Seaside

Sebastopol (pdf)

Solvang

Watsonville (pdf)

Willits

Other Jurisdictions (1)

Big Valley Rancheria/Tribal Community of Pomo Indians

Total CA population represented:  2,695,947

Missing anyone?  Please e-mail us at info@stopsmartmeters.org”

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

October 13, 2011 by THE VOICE.

For the past two decades, more and more homeowners living in HOAs in Nevada and across the nation have been providing hard evidence that the “homeowner association system” is not designed to provide the “utopia” claimed by the developers at time of property sale.  

Instead, the HOA system appears to be intended to provide high profits to certain businesses in return for supporting and protecting financial mismanagement, flagrant violations of contract law and constitutional rights, fascist behavior, and systematic corruption of American principles of justice.  

Find that difficult to accept?   Check out some of the evidence in this regard found at “Citizens For Constitutional Local Government” by George K.Staropoli.

After over a decade of fighting and carefully documenting the issues and results of the struggles on behalf of HOA homeowners in Arizona, it will take one more than a week to read all that he has documented on his web site.  But, a few items can be called to our reader’s attention as a start.   For example:

1.  10 Myths About HOAs

2.  HOA History

3.  “New American of HOA-Lands”

4.  Proposed:  truth_in_hoas_act.pdf

5.  Videos of Legislative Actions

6.  A Quote from Mr. Staropoli’s latest article:  
http://pvtgov.wordpress.com/2011/10/13/legal-academic-aristocrat-advocate-exchange-on-hoa-bad-faith-conduct/

“I ask the legislators, the public interest organizations and policy makers to consider the following questions:

1. Is it proper for the state to create, permit, encourage, support or defend a form of local government of a community of people, whether that form of government is established as a municipal corporation or as a private organization that is not compatible with our American system of government?

2. Is it proper for the state to permit the existence of private quasi-governments with contractual “constitutions” that regulate and control the behavior of citizens without the same due process and equal protection clauses of the 14th Amendment; that do not conform to the state’s municipal charter or incorporation requirements; or do not provide for the same compliance with the state’s Constitution, statutes or administrative code as required by public local government entities?

3. When did “whatever the people privately contract” dominate the protections of the US Constitution? The New Jersey Appeals Court didn’t think so. Does “constructive notice”, the “nailing to the wall”, the medieval method of notice, measure up to the requisite level of notice and informed consent to permit the loss of Constitutional protections?

4. Please state what, if any, are the government’s interests in supporting HOAs that deny the people their constitutional rights?”

In the future, AV will be reporting on more and more of the massive numbers of web sites reporting on the facts concerning how HOA laws and regulations serve and protect facist/bully board behavior all over the nation. 

We will be participating in a new “HomeOwnerCoalition.Org” organization being established to help homeowners who are willing to fight for their rights and for the quiet enjoyment of their HOA units as promised in their governing documents.

And, we will be working with members of all three Branches of NV government to identify the proper language for a proposed “Truth In HOAs Act” for Nevada.

 —————————

WARNING:  Reading and understanding the above articles may enable you to more effectively debunk the lies and distortions heard at your homeowner association meetings and the propaganda  called “news” in your monthly association newsletter or magazine and emails!  

Your pro and con thoughts and comments are encouraged.   We only ask that you identify your true self when registering, be civil, and respect the rights of others in the fight against TYRANNY within the HOA system.

Posted in Truth Squad, SCA Board, Laws & Rules, Operations | 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 »

September 26, 2011 by admin.

Nevada Power has received taxpayer “stimulus” money to acquire and install electric smart meters on all NV homes.  This comes after years of installations in other states and growing outrage against such devices.  California home and business owners are particularly outraged and fighting back.   That comes as a surprise  since CA has a reputation for being quite accommodating to new “green” technologies.

There are critical questions about the claimed values, health risks, and purposes of the smartmeter  technologies.  It is questionable on whether the power companies and federal government should be allowed to force homeowners to accept these devices. 

There are unresolved privacy and constitutional issues that could eventually terminate the entire program.  In the meantime, who wants to be the lab rats involved in the early installations?

Here are just a few of the Internet links to videos about the smartmeter technologies. They seem to effectively debunk all of the power company’s claimed “benefits”.

What Is A Smartmeter Doing?
http://www.youtube.com/watch?v=YpndoSq19BA&feature=related

Darkside of Smartmeters:
http://www.youtube.com/watch?v=FLeCTaSG2-U&NR=1

Smartmeter Technologies: Armed Spy Devices
http://www.youtube.com/watch?v=8Fndf2EciSg&feature=related

Smartmeters Are Not Really Smart:
http://www.youtube.com/watch?v=p-nmaYU6kek&feature=related

Pres..Obama’s Spin on ”Personal Benefits” of Smartmeters:
http://www.youtube.com/watch?v=8uyt55mieYw&feature=related

Mark Levin Against Obama’s Speech on Smartmeters:
http://www.youtube.com/watch?v=W_XG25YKRGc&feature=related

Defeating A Smartmeter:
http://www.youtube.com/watch?v=CL2JQ0FbgvU&feature=related

Smartmeter Ripoff:
http://www.youtube.com/watch?v=XEZ0Ba0gZQY&feature=related

Refuse Smartmeter:
http://www.youtube.com/watch?v=w0XnOoLR-u0&feature=related

Opt Out of Smartmeters:
http://www.youtube.com/watch?v=cTnGMN-kQ64&feature=relmfu

Siemans Marketing Pitch on Smartmeters For Business:
http://www.youtube.com/watch?v=3ZoWlnEc32Q&feature=related

Itron Smartmeter Marketing Pitch for Businesses:
http://www.youtube.com/watch?v=MtO6q3FPg8s&feature=related

Comments on WSJ Article– Smartmeter—Dumb Idea:
http://www.youtube.com/watch?v=oUdx79ffjjo&feature=related

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

September 5, 2011 by admin.

The August 30, 2011 Las Vegas Review-Journal reported that federal prosecutors investigating fraud by Nevada HOAs, HOA professional advisers, and government authorities for the past few years have identified 75 to 100 co-conspirators including board members, management companies, judges, attorneys and former police officers (see links below). 

Sun City Anthem is not yet been mentioned on the released FBI list of involved HOAs, but after the 2011 IRS demand for $1,345 Million in back income taxes and penalties from SCA, and after the more than 100 major affidavits alleging law violations with the Nevada authorities in the past few years, we should anticipate that  the SCA directors, attorneys, auditor, and management company are  known to the FBI’s investigative team.

The massive, multi-year FBI investigations have exposed elaborate HOA schemes involving such criminal violations as:
(1) board elections fraud,
(2) construction defects claims fraud,
(3) non-competitive contracts fraud,
(4) fraudulent legal services,
(5) real estate fraud,
(6) self-dealing among boards, management companies and HOA law firms, and
(7) theft. 

So far, about two dozen targets of the investigation are said to be taking plea deals that would ensure their cooperation in the prosecution of higher-level players in the scheme.

Here are a small number of the links reporting on alleged SCA Board Financial misconduct/possible fraud in recent articles:

1.  http://www.lvrj.com/news/las-vegas-businessman-enters-guilty-plea-in-federal-hoa-fraud-case-128691408.html

2.  http://www.justice.gov/opa/pr/2011/August/11-crm-1114.html

3.  http://www.lvrj.com/news/las-vegas-businessman-enters-guilty-plea-in-federal-hoa-fraud-case-128691408.html

4.  http://www.stopfraud.gov/

5.  Here are just a few of the previously reported/alleged SCA Board Violations of laws and statutes:

- Suspected Board Election Fraud:
http://blog.anthemvoice.org/2011/04/23/can-we-trust-the-sca-election-results/

http://blog.anthemvoice.org/2011/03/27/emergency-election-statutes-violation-filed/

http://www.scaview.org/ElectionCoverup.html 

-  Suspected Financial Misconduct:
http://blog.anthemvoice.org/2011/04/22/should-you-call-911-if-you-are-being-robbed/

http://www.scaview.org/TheCoverUp.html

http://blog.anthemvoice.org/2010/03/17/current-list-of-open-board-issues/

-  Suspected Legal Services Law Violations:  
http://blog.anthemvoice.org/2011/04/03/sca-board-says-attorney-general-charges-are-mistaken-really/

-  Apparent Improper Accounting Practices:
http://blog.anthemvoice.org/2011/03/07/why-was-4779709-off-the-books-in-2009/

-  Reported Misconduct in SCA Reserves:
http://blog.anthemvoice.org/2011/03/03/gross-overfunding-of-sca-reserves/

-  IRS Audit Report–$1.345 Million Back Taxes Owed:
http://blog.anthemvoice.org/2011/03/02/irs-report-released-boardauditor-has-no-more-excuses/
http://blog.anthemvoice.org/2011/02/19/reject-the-boards-shell-game-on-income-taxes/

-  Villas Neighborhood Reserves Mismanagement/apparent fraud:
http://www.scaview.org/TheConPart4.html

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

September 1, 2011 by THE VOICE.

Suspended attorney (since 1991), former Sun City Anthem (SCA) Board Vice President, and self-appointed “spokesman/public relations director” for the SCA directors, David Berman said on his blog concerning law violations prosecuted by the Deputy Attorney General against his spouse:

“There is no excuse for allowing complaints of any nature to gather dust for more than three years as this one did, or for matters that can be resolved through discussion, letters of instruction, etc., to be treated as quasi-criminal matters. ”

Right! 

So, why DID the board-president-spouse of a convicted forger/defrocked attorney FAIL for over 3 YEARS to follow the laws and protect the rights of every one of our SCA homeowners?   Did she ignore her spouse’s advice?

After being clearly told and officially opposed by a fellow board member in March 2008, as well as by homeowner Tim Stebbins in May 2008 of her  violations BEFORE she voted (on both occasions), why did Roz Berman willfully act wrongfully?   During the recent hearing, the Senior Deputy Attorney General (DAG) told the Common Interest Communities Commission (CICC) and those in the hearing room that board members can not blame their failures to comply with statutes on bad advice from their “professional advisers”.  The DAG said each director is personally responsible for their bad actions.

So, why did Roz Berman and Mike Dixon FAIL to act to correct their known law violations in 2008 and 2009 after being notified by the State of Nevada in late 2008 that they were being formally charged with violating the laws?

After such a State notification the proper, moral, and legal action would have been to revoke the changed by-laws and CC&Rs and to ask the association attorney for a refund and/or future cash credits.   Instead, the boards played “chicken” with the State and we must presume this was upon advice of the (conflicted) association attorney who had profited handsomely from the whole affair.

Unfortunately, the “victory” celebrations by the accused may have been premature.   The matter may NOT be “over”.   The CIC Commission “decision” may be subject to review and reversal. 

But, as of today, it is clear the NV government Executive Branch Agencies responsible for ensuring HOA justice have universally failed the citizens of this State.  

The indicted board members, the equally complicit/uncharged SCA board members from 2007, the association attorney who advocated and profited by at least $30,000 from the law violation, and the community management company that failed to provide competent “professional” advice may be subject to future indictments/charges from the Real Estate Division and Attorney General. 

The State agencies are not “done” until THEY say they are, and growing public pressure for justice may force this matter to be continued until it is properly resolved.

The facts are that NONE of the involved individuals have ever been properly charged/indicted, and that is why the CICC could not complete its hearing.  A proper hearing still needs to be conducted to determine the guilt or innocence of the alleged violators–as required by NV Statutes. 

The Deputy Attorney General and Real Estate Division are confident they can prove certain SCA directors willfully violated the NRS116 statutes.  And, where there is government will, there are likely ways for those State Agencies to complete their duties.

Furthermore, the four CIC Commissioners who voted in favor of dismissing the case “with prejudice” (without  hearing any of the evidence) could find themselves charged with negligence.  If so, they could be asked to resign by the appointing authority. 

The apparent negligence and toleration of corruption by the CICC on this case taints the credibility of the CIC Commission, the Real Estate Division and the Office of the Deputy Attorney General.  The future on this matter is murky, and the involved board members  and their “professional advisers” since 2007 should not be resting easy.

For additional details, see this prior Anthem Voice Posting:
http://blog.anthemvoice.org/2011/06/18/attorney-general-office-removed-bob-frank-from-sca-board-indictment/

Posted in SCA Board, Truth Squad, Community Affairs, Laws & Rules, Lifestyle, Operations, News! | 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 »

June 22, 2011 by bobfrank.

The 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 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.

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

June 18, 2011 by bobfrank.

(Revised)

This is to report that the Nevada Deputy Attorney General has removed my name from the list of Sun City Directors indicted for violating Nevada laws governing homeowner associations.

See my correspondence requesting to be released from being a respondent, and the State of Nevada Letter in response:

Frank Response to NV Real Estate Division

Frank Response to Deputy Attorney General

Frank Declaration of Innocence

SCA Board Meeting Minutes–27 March 2008

SCA Board Meeting Minutes–12 May 2008

Nevada Release of Frank From Indictment

The revised list of 2007 and 2008 directors under indictment by the State of Nevada are:  Rosalyn Berman, Shirley Cheri, Roger Cooper, Michael Dixon and Carl Weinstein. 

Personally involved in the statute violations, and listed as directors in the March 27, 2008 SCA Board Meeting Minutes cited as evidence in the case, but not included as respondents, are 2007 directors Bob Berman, Elaine Berg and Kay Dwyer,  attorney John Leach, and Community Managers Terry DaSilva and Caren Carrero. 

No reasons have been given for those individuals to be exempted from the charges.   But, we know they are personal friends and/or business associates of at least 3 of the 7 Common Interest Communities Commission members who will judge the  case.

The Deputy Attorney General prosecution of the accused SCA Directors will be on July 6-8, 2011 starting at 9 AM each day in the Grant-Sawyer Building. 

See the following file for more details on the allegations and potential penalties.

Law Violations Included in Indictment Against SCA Directors

Posted in Truth Squad, SCA Board, Community Affairs, 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 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 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 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 22, 2011 by admin.

Is the SCA Board “robbing” the membership? 

What do you think about just the following few items?

1. Board retains almost $5 Million of “surplus member assessments” in a slush fund after claiming to the IRS such funds will be “returned” to avoid income taxes.   But, it failed to do so, and is still failing to give that money back to the members.  Instead, the board is spending hundreds of thousand of your dollars to buy time and to try to defend its indefensible acts.   Meanwhile, the members get nothing returned.   How is that different from being “robbed”?

2. The Board has been raising annual assessments at the same time it has been accumulating gross quantities of surplus assessments while it was refusing to refund the previous surpluses.   Meanwhile, the annual budgets have not reflected that the millions of surplus slush funds are on hand, but they are not being credited to the next year’s assessments.  The 2009 tax return even admits that millions of surpluses are being “carried off line”.   How is that different from being “robbed”?

3. The directors have been accused of dozens of major law violations and instead of attempting to resolve such disputes internally, they have spent hundreds of thousands of dollars on attorneys to confuse and distract the authorities from the core issues.   Meanwhile the boards get away with doing what ever they wish and with wasting hundreds of thousands of our dollars on useless lawyer fees.  How is that different from being “robbed”?

There are major statute violations buried in the misconduct described above.  The SCA boards have exploited our money to pay their attorneys to get away with abusing the trust and access we have given them to manage our resources. 

Could your annual dues be cut by at least $200 each year!  Absolutely!  By the directors refusing to do that, could you consider that as being “robbed”?

The massive, $5 Million surplus accumulation of slush funds on top of the so-called major “dues holidays” prove that annual dues are grossly over-collected.  Could you call that as being similar to being “robbed”?

Of course, there is no hope as long as the community keeps voting in people who favor the developer’s, and the developer-appointed professional’s interests over our unit owner interests. 

We know the enemy–it is US.   It is our voters who are too “busy” to vote, those who vote for the board-favored candidates each year, and those who will not favor a removal election for directors who have proven they can not be trusted.  

Will change come this election cycle?   It seems too close to call.  But, it is not too late to vote and make a difference.

Posted in Ann_Small, 2011 Campaign, Truth Squad, SCA Board, Laws & Rules, News! | Print | No Comments »

March 27, 2011 by bobfrank.

On March 24, 2011 the Nevada Real Estate Division notified the Sun City Anthem Community Association that the Attorney General would serve as the Prosecuting Attorney at a hearing of the Nevada Commission for Common Interest Communities and Condominiums on April 26, 2011.

The alleged violation by the two boards in 2008 was to twice vote to illegally modify the SCA CC&Rs.  Board President was Roz Berman, and the basic work accused of violating statutes was performed by association attorney John Leach.

This is a historic event as this will be the first of close to 100 alleged SCA Board statute violations brought to trial/hearing before the CIC Commission.  It has taken about 3 years to reach this point.  

For members who are interested, I served on that board and vigorously objected to what I believed to be highly improper (if not illegal) changes to the CC&Rs being promoted by attorney Leach.   I was the only director voting NO on both board votes.  However, I had nothing to do with the filing of the case leading to this prosecution.  

Since I will have to explain to the Commission my objections and NO vote against the board majority votes to approve the alleged violations, I must save those explanations until after the hearing.

Meanwhile, the hearing before the CIC Commission should be a very interesting situation.  At least 4 of the Commissioners have potentially serious conflicts of interests with the other directors, and are likely to have to recuse themselves on this case.

At this time, only the basic affidavits have been scanned in and attached to this posting.  The exhibits will be added as time permits.

Download: Attorney General Charges

Posted in Truth Squad, Ann_Small, 2011 Campaign, Bob Frank-2011, SCA Board, Community Affairs, Operations, Clubs & SIGs, Laws & Rules, News! | Print | No Comments »

March 27, 2011 by bobfrank.

The Board of Directors and Election Committee has been accused of knowingly and willfully violating NRS 116 laws governing board elections.

They have refused to send out candidate information sheets 30 days before the ballot packages are mailed.  This failure not only violates the law, it is unfair to first-time candidates and candidates who are promoting platforms that oppose the board’s policies and practices.

Here are copies of the basic documents filed with the NV Real Estate Division:

Affidavit
a-26mar11_certified-letter-to-sca-board.pdf
b-nred_election_rules.pdf
c-sca-2011-community-election-calendar.pdf
d-sca-2011candidates-election-calendar.pdf
e-page-7-of-2011-sca-election-manual.pdf
f-page-16-of-2011-sca-election-manual.pdf

Posted in 2011 Campaign, Bob Frank-2011, Ann_Small, Truth Squad, Laws & Rules, SCA Board, Operations | Print | No Comments »

March 9, 2011 by admin.

(Updated)

The March 9th Las Vegas Review-Journal Editorial is about “HOA Abuse”. Here is a file with the article and some reader comments:   HOA abuse & comments

This editorial seems to strike a serious blow against the credibility of the SCA “Unity Party” advocates who seem to believe that the SCA Board does no wrong.  It helps to educate SCA voters why they should mistrust unity’s self-serving political machine con that appears to favor the business interests of the developers, attorneys, property manager and auditor over our shareholders–homeowners. 

SCA members who have taken so much personal abuse, vicious condemnations, and unfair public ridicule by SCA boards, Finance Committees, Election Committees and unity party leaders for the past few years can now be seen as the honest, ethical, selfless patriots they are.

Imagine that out of the “hundreds” of persons of interest to the FBI,  SCA may already have some names on the list.  Remember how the current board president and treasurer participated in the 2008 Finance Committee attack against a sitting board member for daring to question the finance committee’s “200 years of expertise”?  Since hundreds of years of “financial expertise” within Fannie Mae, Freddie Mac, Enron, and Madorf scams did not protect those stock holders, it is clear that claiming such training and work expertise is no guarantee of ethics or integrity in this HOA.

While the SCA issues may not seem identical to the ones making the R-J headlines, under the surface there seems to be direct links.   It is no wonder that certain (current and past) board members are so incessantly nasty to SCA members who tell the whole truth, and nothing but the truth! 

Certain board members are likely to have much to keep them awake at night when the FBI looks into the Sun City Anthem case. 

See this link to the R-J web site:
http://www.lvrj.com/opinion/hoa-abuse-117635883.html

Here are the words of the article:

HOA abuse

“One corruption scandal always seems to segue into another in Southern Nevada, where abuses of trust and public office are as common as foreclosed homes.The latest embarrassment to the community: the federal government’s 2½-year fraud investigation into valley homeowner associations. The Review-Journal’s Jeff German reported Sunday that the Justice Department has identified 75 to 100 co-conspirators including lawyers, judges and former police officers, and that plea deals are being finalized this week for some of them to shore up the prosecution of two-dozen high-level targets.

The inquiry surrounds a scheme to place conspirators on the boards of local homeowner associations through rigged elections, then have those conspirators vote to initiate construction defect lawsuits against builders. The legal work and resulting repairs then would be farmed out to lawyers and companies in on the plot.

The conspiracy was wide-ranging enough before Washington-based prosecutors took over the case from Nevada’s U.S. attorney’s office in response to suspected leaks to suspects. Local prosecutors and other officials are now the subject of a separate Justice Department criminal investigation, sources told Mr. German.

It’s not surprising that such a cabal was concocted around construction defect claims, a legal specialty that’s long been ripe for abuse. Using a handful of legitimate cases as a selling point, aggressive attorneys persuade homeowners with routine, easily fixable repairs that their problems result from developer greed and corner-cutting. Such litigation tied up entire District Court departments for years during the valley’s construction boom.

The entire Justice Department case strikes at the heart of the judicial system’s inability to police frivolous litigation and the lawyers who shake down businesses for quick riches. Every claim has merit; every attorney is righting a wrong. No cases are dismissed. It’s incredibly expensive insanity.

And it’s a prime example of why tort reform advocates seek a loser-pays civil litigation process, so attorneys with flimsy arguments will think long and hard before dedicating their resources to a bogus action, and businesses won’t be compelled to get out their checkbooks to settle every claim.

We’ve all paid handsomely for this alleged abuse and others like it through increased burdens on investigators, prosecutors, courts and businesses. At some point it has to stop.”

 ———————-

Posted in Removal Election, 2011 Campaign, Bob Frank-2011, Ann_Small, Truth Squad, Operations, Laws & Rules, SCA Board, News! | Print | No Comments »

March 7, 2011 by bobfrank.

Why would $4,779,709 of “Taxable Income not Recorded on Books” be reported on page 29 of the 2009 SCA Tax Return signed  by Auditor/Tax Preparer Gary Lein, CPA?

That page of the 2009  tax return also reports the $4,779,709 amount was a “Carryforward per Revenue Ruling 70-604 from 2008.”  So, this would seem to confirm that none of the multi-year retained assessment surpluses were ever “returned” as claimed by SCA Directors under penalty of perjury on the income tax returns filed each year since before 2005.  That would appear to be a case of possible tax fraud.

But, why would that off-the-books procedure not be caught/mentioned in the annual audit?   Would that be evidence of the Board, Finance Committee, RMI and auditor failing to comply with standard accounting rules?  If so, why would they do that?

Some may recall that the SCA Finance Committee under the leadership of Don Manning  in  2008 went crazy when the board and/or FC committee were questioned by members on anything.   The FC even went so far to claim they could not be mistaken because they said:

“The current FC is comprised of members who have combined business, financial and accounting experience in excess of two hundred (200) years. Four of the current FC members are retired CPA’s and have worked in both industry and public accounting. All FC members have degrees in accounting or finance, or have MBA degrees and extensive financial budgeting and management experience. One of the CPA members worked in public accounting for over twenty five (25) years and was a partner for over fourteen (14) years in one of the four (4) largest accounting firms in the world. Past FC’s have generally had similar levels of experience.”

But, for all the FC’s claimed education and experience, the IRS has shown the Committee and Board filed its taxes incorrectly, and now it seems the auditor/tax preparer was willing (for the first time) to disclose there was $4.8 Million in taxable income carried off the books.

How could a CPA who prepares the association taxes, and is personally aware of huge surpluses in off-book accounts (locations unknown) and reported it in the annual tax return, fail to mention the $4.8 Million in the annual audit of SCA?

Posted in 2011 Campaign, Bob Frank-2011, Ann_Small, SCA Board, Laws & Rules, Operations | Print | No Comments »