January 29, 2012 by admin.

Most members on the community email list have received Board President James Long’s notification last week that the Board’s appeal to the IRS had failed.  This means the community association must pay the full $1.3 Million for year 2007 as determined by the IRS Auditor. 

It also means that tens of thousands of dollars for interest and penalties accumulating since the audit as well as the estimated $100,000+ paid to the “expert legal team” to process the appeal have all been wasted.

Here are the words from SCA Board President/Attorney Long’s announcement:

“IRS appeal denied. We received notice late last week that the IRS Appeals Officer assigned to our Association’s administrative appeal of the 2007 tax audit has denied our appeal and upheld the findings of the IRS examiner. We expect the IRS to issue a statutory notice of deficiency within the next several weeks. After this occurs, we will have 90 days to file a petition for judicial review of the IRS decision. We have asked the Ad Hoc IRS Audit Task Force appointed at the May board meeting to recommend a course of action for consideration at the February board meeting.“

For our reader’s convenience, we would like to recommend for review a series of comments on that matter posted recently on Rana Goodman’s forum at this link:

http://www.anthemtoday.com/forum/viewtopic.php?f=21&t=3552

An Anthem VOICE founder, Kay Frank (and former IRS Auditor) added the following comments to the above link:

“I can find no evidence that the IRS has ever been reversed on this statute after forty years.  Jack Troia called that “old” law, but competent attorneys call it “settled law”.

The IRS has pulled the records for the ensuing years.  Although they have not addressed them yet, they will–especially since we lost the appeal.  The best chance is to pay up and try to cut a deal on the ensuing years.

An expression of good faith is to show a reduction in 2012 dues by immediately crediting accumulated surpluses instead of forcing a net increase in assessments for 2012.   The boards have never accounted for the millions of unreturned surpluses and we must demand a clear accounting for the whole amount by the new auditor.

Homeowners are not forced to make up for the financial failures of the boards.  The board and/or a SCA homeowner coalition should seek recovery of all reported to the IRS accumulated surpluses from the insurance of our accounting firm, law firm, RMI and SCA liability insurance.   We do not have to accept punishments for the board’s willful failures.

Norm (McCullough) quoted Carl (Weinstein) as citing (Auditor/Tax Preparer) Gary Lein’s reservations about the return–however, they both are individuals who signed  and/ voted approval of the return.  In my opinion they have even more responsibility since they have self-admitted their lack of assurance that they were correct, but signed anyway.

When the current president of the association made a nasty personal remark about the IRS auditor at a board meeting, he was just asking for the IRS to show no leniency.  The least a SMART lawyer could do is keep nasty opinions private.

…just a few of my thoughts.

Kay ”

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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 »

January 11, 2012 by bobfrank.

On April 26, 2010 the Nevada Attorney General Bureau of Consumer Protection (BCP) filed the attached review and report of the Nevada Public Utility Commission’s plans to grant Nevada energy companies to implement the “Smart Meter” Program.  
NV Attorney General Bureau of Consumer Protection Report in 2010 Opposing Smart Meter Program

Look at the following chart for some basic evidence (extracted from page 53 in the report) of the serious privacy violations possible with such devices.   

Imagine if a smart meter was reporting to Nevada Energy every few minutes or less on what power you are consuming.  Imagine if it was easy to detect what spikes are generated by what kinds of appliances.  Would it not be easy for criminals to discover when a person normally takes a bath or showers or sleeps or works or is away for hours, days or weeks at a time?  

And, why would you want to allow the power company to detect, collect, report, store and analyze such personal and private information about you, your family and visitors?  Is there anyone who could truly believe the power company could be trusted to have and keep such private information collected every few minutes of your future life?  It seems crazy to me for them to even try to bully us into accepting such an outrageous concept!

The report is two years old, exceptionally detailed, and appears to provide devastating evidence in sworn testimony by national experts against the safety, security, health and privacy claims by Nevada Energy for its Smart Meter Program.

Unless the owner, resident or visitor grants specific authority for such wire-tapping/unauthorized surveillance actions by the power company, there are major law violations being planned by the smart meter program.  Is this not conclusive evidence of fraud and other crimes by the PUCN and NV Energy?

Clearly, this Attorney General/BCP report proves that customers must be allowed the right to Opt-In.  And, if choosing to refuse the smart meters, they must not be required to pay a penny (directly or indirectly) for anyone else’s decision to use the smart meter programs.

This is not the only damning report against the smart meter program by the Bureau of Consumer Protection.  After you have read this and the other reports, you may want to participate in the efforts to demand that the Attorney General and the Governor direct the District Attorney to investigate why the PUCN’s smart meter program is being allowed to be implemented.  It is outrageous.

Meanwhile, we all need to be meeting with the BCP and getting more facts before the PUCN January 18th hearing about the apparently bogus/illegal “opt-out” proposal by Nevada Energy.

In conclusion, the enclosed BCP report and related evidence is clear.  There are no legal or economic justifications for implementing a smart meter program in Nevada.   No matter how much money has been wasted to date, we simply can not allow hundreds of millions more being wasted while our privacy and constitutional rights against unreasonable surveillance are willfully violated by the State. 

This smart meter program must stop.  All citizens have obligations to themselves and their families to tell the Govenor to terminate it immediately.

Posted in Truth Squad, SCA Board, Safety, 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

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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 10, 2011 by admin.

In case you have not been able to fully appreciate the whole story of why the FBI is ripping into so many of the Southern Nevada HOAs and their corrupt boards, attorneys, management companies, industry trade association and government agency employees, the following link and attached PDF article will tell the whole story and bring you up to date.

http://www.businessweek.com/magazine/the-king-of-all-vegas-real-estate-scams-12082011.html

In the meantime, it remains a mystery why so many Sun City Anthem unit owners continue to ignore the signals of our board and sub-contractor misconduct.  How many times have you heard a resident say “Oh, I can’t believe any of our board members or community managers could be involved in crimes!  They seem like SUCH nice people….”

Of course they do–seeming like a “nice person” is a key characteristic of a confidence artist.  See this link:  http://money.howstuffworks.com/con-artist.htm

“You might think you can spot a con artist because he’s someone you instinctively “don’t trust.” But the term con artist is short for confidence artist — they gain your confidence just long enough to get their hands on your money. They can be very charming and persuasive. A good con artist can even make you believe he is really an old friend you haven’t seen in years.”

Has Sun City Anthem been bilked by fellow homeowners and the commercial partners?  What do you think of the following list of apparent losses of millions of dollars by SCA boards since 2005?

1.  Developer non-payment of hundreds of thousands of dollars due to rejected reserve studies in 2006, and developer refusals to pay for reserve study shortages identified by the board’s “look back” reserve study in 2008.  Why has the association attorney failed to protect the financial interests of the association while the developer profits from not having to pay its obligations?

2.  Board failure to collect over $250,000 due from the Trumpets Lease in 2006 and 2007?  Why did certain former SCA board members assist the failed lessee escape having to pay for unpaid lease funds and repair of the heavily damaged  SCA restaurant facilities after being evicted in 2008?

3.  Why did the 2005, 2006, 2007 and 2008 boards fail to collect the $1.3 Million owed by the developer for the 2002 Co-Gen Contract Deal?

4.  Why did the boards accept the association attorney’s advice (originally appointed by the developer) to wait until the statute of limitations had almost expired before filing a claim for about $13 Million?  How much has the developer saved in interest and cash flows since 2005 by being allowed to endlessly delay the very large payments for missing reserve funds and construction defects obligations?

5.  Why did the boards and the association attorney allow the developer to deliver an incomplete facility for Recreation Center #3?   How many hundreds of thousands of dollars have SCA members been bilked out of while the board spent member assessments to finish the building?

6.  How much was added to the developer’s profits as result of not having to pay for the unneeded “Green” features and not having to deliver a completed facility?   How much was added to the sale prices of thousands of SCA homes built after the 2002 change in the Anthem Master Plan to pay for the 3rd Recreation Center that the developer failed to spend on its construction?  Why did the boards, association attorney and community management company allow SCA members to seem to get bilked in this way?

7.  Why have the SCA boards, Finance Committees, and Tax Preparer/Auditor played high risk games with the Internal Revenue Service by failing to return millions of dollars of member surplus assessments each year as they claimed to have been doing?

While there are many more signals that something is very wrong with how our association has been managed since 2005, the biggest mystery is why so many members ignore the obvious?  Tolerating such apparent gross negligence and mismanagement has only emboldened the leaders to become more open in their apparent misconduct.

However, it must be remembered that:
(1) the IRS delivered an audit in 2010 claiming SCA Directors had violated federal income tax regulations in 2007 (and possibly since that time) and about $1.3 Million was owed in back taxes and penalties; and
(2) a former SCA Community Manager employed for over 20 years by Del Webb/Pulte/RMI was recently convicted of willfully and knowingly violating State Laws. 

Both cases indicate that State and Federal criminal charges might eventually be filed against certain individuals for what appears to be serious law violations. 

Although new SCA Directors have been consistently advised by the attorney and community management company to never look back at past board failures, it is becoming increasingly clear that waiting for the FBI to look into some of these matters is the worst possible strategy for the individual directors as well as our homeowners. 

Where the FBI has gone into HOAs, the property values have tended to sink below average.  It is our member’s fault if we sit by and allow that to happen in this “paradise”.

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

December 2, 2011 by admin.

After over 3 and 1/2 years of unexplained delays, the first of dozens of allegations of illegal acts submitted against (former and current)  Sun City Anthem Community Managers employed by RMI has finally reached the point of a public disciplinary hearing.

The accused person is long-time Del Webb, Pulte and RMI employee, Terri Da Silva.

The Nevada Commission for Common Interest Communities and Condominium Hotels (CICCH) will hear the formal prosecution by the Deputy Attorney General during a session scheduled at 9 AM for December  6-8, 2011. 

The PDF case report is attached at this link:   Da Silva Prosecution by Attorney General

This hearing/trial for alleged law violations in 2008 follows by only a few weeks the previously scheduled prosecution against certain 2008 SCA Directors (led by 2007 and 2008 Board Presidents Mike Dixon and Roz Berman) where the individuals were excused from trial due to a surprise technical error in the State’s paperwork. 

But, because the facts of the previous case were never heard by the Commission, AnthemVOICE hears that the State is considering resubmitting revised charges in 2012. 

That case was reported on in the previous AnthemVOICE and LV Review Journal articles at these links:

http://blog.anthemvoice.org/2011/06/18/attorney-general-office-removed-bob-frank-from-sca-board-indictment/
http://blog.anthemvoice.org/2011/09/01/did-defrocked-attorney-berman-mean-to-disclose-the-truth/

http://www.lvrj.com/business/2008-case-tossed-in-sun-city-anthem-hoa-dispute-128659613.html

Coming so soon after the IRS issued its 2011 audit findings against the 2007-2008 SCA Boards claiming SCA owed $1.3 Million in back taxes and penalties, 2012 looks like it could be a hard year for some former SCA board members, auditor, attorneys and collaborating community managers.  Link to one of the reports on IRS Audit:
http://blog.anthemvoice.org/2011/03/02/irs-report-released-boardauditor-has-no-more-excuses/
http://blog.anthemvoice.org/2011/03/12/what-are-the-odds-of-success/

Finally, since there have been dozens of extremely well-documented State Law violation complaints filed by SCA members against SCA Boards and RMI Community Managers since 2008, perhaps there could be some distant hope for homeowner justice, after all?  

At this point, we have only seen the tip of the iceberg of potential State prosecutions against the SCA Boards and contractors.  Meanwhile, the FBI criminal cases of HOA fraud, abuse and racketeering are reaching an ever-wider group of involved board members, community management company employees, and public officials.  

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

December 1, 2011 by admin.

Nevada Energy’s massive program to install digital “Smart Meters” in every home and every business is an outrageous waste of our money, an unacceptable attack on our constitutionsal rights to privacy and freedom of unreasonable search, and a potentially serious health risk to many citizens. 

See these links if you are not familar with the background on that situation.
http://blog.anthemvoice.org/2011/09/26/should-you-refuse-smartmeter-installation/
http://blog.anthemvoice.org/2011/10/20/ca-counties-cities-prohibit-installations-of-smart-meters-why-is-henderson-refusing-to-act/

And, here is are parts of our citizen member filings with the PUCN representing 2 of over 50 official objections to Nevada Energy’s/PUCN smart meter programs:

mike-hazzard-complaint-to-pucn.doc

ltr-for-docket-11-10007.pdf   
exhibit-a-overall-comments-on-docket-11-10007.pdf
exhibit-b-safety-concerns.pdf
exhibit-c-health-concerns.pdf
exhibit-d-privacy-legal-concerns.pdf
exhibit-e-smart-meter-silent-killer.pdf
exhibit-f-smart-meter-prog-conflicts-with-arra-eo.pdf
exhibit-g-privacy-issues-convert-to-opt-in-policy.pdf

But, “smart meters” and the “smart grid” are only the latest attack on our privacy and health.  The so-called “progressive” agenda to eliminate our privacy and bankrup our nation by massively increasing utility costs, government fees and taxes is just the latest outrage.

The following article fills in some facts on many other similar actions to give the govenment total control over ever aspect of our lives.In case we have not noticed it, this is a civil war to 

“Every Breath You Take, Every Move You Make –

14 New Ways That the Government Is Watching You

End of the American Dream

If you live in the United States today, you need to understand that your privacy is being constantly eroded. Our world is going crazy, government paranoia is off the charts and law enforcement authorities have become absolutely obsessed with watching us, listening to us, tracking us, recording us, compiling information on all of us and getting us all to spy on one another. If you doubt that we are rapidly getting to the point where the government will monitor every breath you take and every move you make, just read the rest of this article. The truth is that the government is watching you more closely than ever, and they are spending billions upon billions of dollars to enhance their surveillance capabilities even further. If our society stays on this current path, we will eventually have zero privacy left. At this point, it is not too hard to imagine a society where we will not be able to say anything, buy anything, sell anything, assemble with others or even leave our homes without government permission. We truly are descending into a dystopian nightmare and the American people had better wake up.

Sadly, most people living in the United States and in Europe do not realize what is happening. Most of them think that everything is just fine. The “Big Brother control grid” that is being constructed all over the western world squeezes all of us just a little bit tighter every single day, and most people don’t even feel it.

But when you step back and take a look at the big picture, it truly is horrifying.

The following are 14 new ways that the government is watching you….

#1 In many areas of the United States today, you will be arrested if you do not produce proper identification for the police. In the old days, “your papers please” was a phrase that we used to use to mock the tyranny of Nazi Germany. But now all of us are being required to be able to produce “our papers” for law enforcement authorities at any time. For example, a 21-year-old college student named Samantha Zucker was recently arrested and put in a New York City jail for 36 hours just because she could not produce any identification for police.

#2 The federal government has decided that what you and I share with one another on Facebook and on Twitter could be a threat to national security. According to a recent Associated Press article, the Department of Homeland Security will soon be “gleaning information from sites such as Twitter and Facebook for law enforcement purposes”.

Other law enforcement agencies are getting into the act as well. For example, the NYPD recently created a special “social media” unit dedicated to looking for criminals on social media networks such as Facebook and Twitter.

#3 New high-tech street lights that are being funded by the federal government and that are being installed all over the nation can also be used as surveillance cameras, can be used by the DHS to make “security announcements” and can even be used to record personal conversations. The following is from a recent article by Paul Joseph Watson for Infowars.com….

Federally-funded high-tech street lights now being installed in American cities are not only set to aid the DHS in making “security announcements” and acting as talking surveillance cameras, they are also capable of “recording conversations,” bringing the potential privacy threat posed by ‘Intellistreets’ to a whole new level.

#4 More than a million hotel television sets all over America are now broadcasting propaganda messages from the Department of Homeland Security promoting the “See Something, Say Something” campaign. In essence, the federal government wants all of us to become “informants” and to start spying on one another constantly. The following comes from an article posted by USA Today….

Starting today, the welcome screens on 1.2 million hotel television sets in Marriott, Hilton, Sheraton, Holiday Inn and other hotels in the USA will show a short public service announcement from DHS. The 15-second spot encourages viewers to be vigilant and call law enforcement if they witness something suspicious during their travels.

#5 The FBI is now admittedly recording Internet talk radio programs all over the United States. The following comes from a recent article by Mark Weaver of WMAL.com….

If you call a radio talk show and get on the air, you might be recorded by the FBI.

The FBI has awarded a $524,927 contract to a Virginia company to record as much radio news and talk programming as it can find on the Internet.

The FBI says it is not playing big brother by policing the airwaves, but rather seeking access to what airs as potential evidence.

Potential evidence of what?

This is very creepy. Why is the FBI so interested in what is being said during Internet talk radio programs?

#6 TSA VIPR teams are now conducting random inspections at bus stations and on interstate highways all over the United States. For example, the following comes from a local news report down in Tennessee….

You’re probably used to seeing TSA’s signature blue uniforms at the airport, but now agents are hitting the interstates to fight terrorism with Visible Intermodal Prevention and Response (VIPR).

“Where is a terrorist more apt to be found? Not these days on an airplane more likely on the interstate,” said Tennessee Department of Safety & Homeland Security Commissioner Bill Gibbons.

Tuesday Tennessee was first to deploy VIPR simultaneously at five weigh stations and two bus stations across the state.

#7 Thermal imaging face scanners are becoming much more sophisticated. Law enforcement authorities in the western world are getting very excited about “pre-crime” tools such as this that will enable them to “prevent crimes” before they happen. The following is from a recent BBC News article….

A sophisticated new camera system can detect lies just by watching our faces as we talk, experts say.

The computerised system uses a simple video camera, a high-resolution thermal imaging sensor and a suite of algorithms.

Researchers say the system could be a powerful aid to security services.

But face scanners are not just a tool that will be used in the future. The truth is that face scanners are being used all over the United States right now. The following comes from an article posted on Singularity Hub….

Law enforcement continues to adopt new technologies in an effort to make their jobs easier and keep us safer. The latest gizmo attaches to officers’ iPhones and turns them into biometric face scanners. The scanners have already been street tested in Massachusetts. Pretty soon cops all across the US will be using them to ID suspects.

Before long, technology like this will be all over America. In fact, the FBI has announced that it will be activating a “nationwide facial recognition service” in January.

#8 Another “pre-crime” technology currently being tested by the U.S. Department of Homeland Security is The Future Attribute Screening Technology (FAST) program. The following description of this new program comes from an article in the London Telegraph….

Using cameras and sensors the “pre-crime” system measures and tracks changes in a person’s body movements, the pitch of their voice and the rhythm of their speech.

It also monitors breathing patterns, eye movements, blink rate and alterations in body heat, which are used to assess an individual’s likelihood to commit a crime.

The Future Attribute Screening Technology (FAST) programme is already being tested on a group of government employees who volunteered to act as guinea pigs.

Do you want government officials to pull you aside and interrogate you just because you are feeling a little bit nervous one particular day?

#9 Sadly, “pre-crime” technology is even being used on our children. The Florida State Department of Juvenile Justice has announced that it will begin using analysis software to predict crime by young delinquents and will place “potential offenders” in specific prevention and education programs.

How soon will it be before this type of things is applied to adults?

#10 Our children are being programmed to accept the fact that they will be watched and monitored constantly. For example, the U.S. Department of Agriculture is spending large amounts of money to install surveillance cameras in the cafeterias of public schools all across the nation so that government control freaks can closely monitor what our children are eating.

#11 The U.S. government is also increasingly using “polls” and “surveys” as tools to gather information about all of us. In previous articles, I have noted how government authorities seems particularly interested in our children. According to Mike Adams of Natural News, the CDC is starting to call parents all over the U.S. to question them about the vaccination status of their children….

The U.S. Centers for Disease Control, which has been comprehensively exposed as a vaccine propaganda organization promoting the interests of drug companies, is now engaged in a household surveillance program that involves calling U.S. households and intimidating parents into producing child immunization records. As part of what it deems a National Immunization Survey(NIS), the CDC is sending letters to U.S. households, alerting them that they will be called by “NORC at the University of Chicago” and that households should “have your child’s immunization records handy when answering our questions.”

You can see a copy of the letter that the CDC has been sending out to selected parents right here.

#12 As I have written about previously, a very disturbing document that Oath Keepers has obtained shows that the FBI is now instructing store owners to report many new forms of “suspicious activity” to them. According to the document, “suspicious activity” now includes the following….

• paying with cash
• missing a hand or fingers
  
• “strange odors”
• making “extreme religious statements”
• “radical theology”
• purchasing weatherproofed ammunition or match containers
• purchasing meals ready to eat
• purchasing night vision devices, night flashlights or gas masks

Do any of those “signs of suspicious activity” apply to you?

According to a report on WorldNetDaily, this document is part of a “series of brochures” that will be distributed “to farm supply stores, gun shops, military surplus stores and even hotels and motels.”

#13 In some areas of the country, law enforcement authorities are pulling data out of cell phones for no reason whatsoever. According to the ACLU, state police in Michigan are now using “extraction devices” to download data from the cell phones of motorists that they pull over. This is taking happening even if the motorists that are pulled over are not accused of doing anything wrong.

The following is how a recent article on CNET News described the capabilities of these “extraction devices”….

The devices, sold by a company called Cellebrite, can download text messages, photos, video, and even GPS data from most brands of cell phones. The handheld machines have various interfaces to work with different models and can even bypass security passwords and access some information.

#14 The government can spy on us and record our conversations seemingly without any limitation, but in many areas of the country it has become illegal to watch them or record them in public. For example, one 21-year-old man down in Florida was recently arrested for trying to document a confrontation that he was having with police on his iPhone. But if we can’t record them, how can we prove our side of the story in court?

America is becoming a much different place.

Our privacy is being eroded in thousands of different ways.

National governments and big corporations know far more about you than you probably ever would imagine.

Yes, there will always be “security threats”, but we should not have to throw away any of our rights in order to be “safe”.

America is supposed to be about liberty and freedom.

America is supposed to be the land of the free and the home of the brave.

If given the choice between living in “1984″ and living in “1776″, I know what my choice would be.

I would choose 1776.

I would choose liberty and freedom even if it meant that the world around me was a little bit less “safe”.

What about you?

What would you choose?

Reprinted with permission from End of the American Dream.

November 7, 2011

Copyright © 2011 End of the American Dream” 

Posted in Outside Politics, SCA Board, Operations, Lifestyle, News! | Print | No Comments »

November 13, 2011 by admin.

In case you have not been monitoring the public comments about the recent Review-Journal reports on the FBI HOA Criminal Cases, here are links for your convenience.  

Scroll down to the public comments.  Some of them provide revealing details about the failed HOA system in Nevada, and SCA even gets an occasional mention.

Here are just a few of the growing list of HOA fraud reports by the FBI:

 http://www.lvrj.com/news/hoa-fraud-investigation-may-last-months-133736343.html#blogcomments?submitted=y

http://www.lvrj.com/news/property-management-employee-becomes-10th-to-plead-guilty-in-hoa-case-133629953.html#blogcomments?submitted=y

http://www.lvrj.com/news/federal-probe-into-valley-hoas-broadens-117482798.html

Note the most commonly reported problem found by the FBI is fraudulent ballots and bogus ballot handling procedures prior to the vote counting processes.

SCA directors would be well-advised to review the previous election complaints in 2009, 2010 and 2011 to be sure they have corrected all of the alleged violations.  Since the IRS is part of the FBI’s team, it could be that SCA past board election problems that seemed to be similar to the examples found by the FBI will attract official interest.  It might be a problem for the current board if the 2012 elections had repeat violations.

See links for some details:

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://blog.anthemvoice.org/2011/02/11/2010-sca-board-election-was-corrupted-will-2011-be-better/

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

November 12, 2011 by tim_stebbins.

Here is the notice that was had delivered to all(?) residents of
Arroyo Vista Village.  Conflict  

Note it is a direct conflict with the Membership Meeting and the
Nov. board meeting.  Members are entitled and encouraged to attend
all Membership Meetings and board meetings. 

This is obviously distracting to that because many are also interested
in the Neighborhood Watch program.  Plus the HPD has scheduled time and
personnel.  

This is just another example of the incompetence of RMI and another
big reason the Membership Meeting and even the board meeting should be
postponed.  

Tim Stebbins

Posted in SCA Board, Community Affairs, News! | 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 11, 2011 by bobfrank.

By Colonel Robert Frank, USAF (Ret.)–Former Board Member, Sun City Anthem HOA, Henderson, NV 89052

(Revised on Oct 10)  On Sunday, October 9, 2011, at 7:30 PM the weekly KDWN - AM 720 Radio Program by conservative talk show host RAY GRANT launched the first of a planned series of programs about HomeOwner Association (HOA) matters.

This show was the first action by a new “HomeOwnerCoalition.org” (HOC) organization to be fully launched in November 2011.

Many homeowners in US HOAs are working on many other initiatives, and HOC will work to try to help the combination of individual efforts to result in the maximum effectiveness on behalf of homeowners.  The common goals including ensuring that the property and citizen rights for HOA owners as being no less than those who do not own property in HOAs.

HOA unit owners are citizens, pay the same property taxes, and are entitled to equal personal and property rights protections and government services under the US and NV Constitutions.

But, Nevada HOA laws and regulations fail to fully implement all of the protections guaranteed under the Constitutions.  And, even when the laws are written to protect unit owners, the Nevada Real Estate Division and its subordinate Ombudsman Office for Homeowners often fail to comply with laws.

This is a bipartisan problem created in part from campaign financing influence by developers and related businesses interests that profit from being able to control homeowner association boards, funds and business decisions.  The HomeOwnerCoalition.org will try to balance the power and help citizens organize and act more effectively by knowing how to use the power of their votes to obtain equal justice under the laws.

Ray Grant has been on the radio and TV in CA and NV for over 20 years.  Ray is also a former professional baseball catcher for Detroit and a Christian Pastor for decades.  According to independent radio listener ratings systems, Ray Grant’s talk show has about 14,000 local listeners and a 13-State listener base.

Ray and his wife, Natalie, and son own their own shows and operate Diamond G Sports & Entertainment companies. They buy their time and sell the advertisements that run on Las Vegas KDWN–AM 720 every Sunday evening from 7 to 8 PM.

Ray’s show is focused on political issues, and it airs Sundays from 7:30 to 8 PM.  This 30-minute radio program is limited to special guest interviews and does not support call-ins.

The new HOA Problems-Solutions-oriented shows will be every 2nd Sunday evening for the foreseeable future.  (Attached below are 8 MP3 program segments from the initial, October 9th show.)

For this first show, Ray and I invited Dr. Gary Solomon and Mr. Tim Stebbins to be interviewed.  Dr. Solomon was asked about his “Warning! HOA Living Can be Hazardous To Your Health” billboard campaign and about his concerns over unchecked mental abuse of homeowners by bully boards and NV government agencies.

Listen to the below sound clips and hear that Dr. Solomon did not pull any punches.  He expressed his great concerns about past and potential future violence in reaction to unfair and  illegal actions by bully board members, the frequent fraud and abuse by board sub-contractors, and failures of government managers to enforce the statutes.

Tim Stebbins was asked about his experiences in recent years with government failures. Tim was also asked by Host Ray Grant about the failed NV HOA Ombudsman program and its failed NV Real Estate Division management.  When you listen to the clips below, you will hear Tim’s courageous reports and clear recommendations for homeowner actions.

Live (streaming) web broadcasts will be available on the KDWN web site.  Recording of the programs (MP3 format) will available the week after each show at various sites.   The new, HomeOwnerCoalition.org web site to be launched in November 2011 will maintain a long-term archive of the HOA programs.

Our future HomeOwnerCoalition.Org (HOC) site will be featured monthly by Ray Grant’s Program, and HOC will provide links to other related web sites as well–to provide access to documents and media files. This way everyone can benefit from this new media channel, and others will be encouraged to challenge other radio and TV shows to expand their offerings.  Ray is also expecting that businesses who sell products and services directly to homeowners will find it useful to advertise on his program.

Ray has had some of his own unfortunate past experiences with bully HOA boards, and he left the HOA market to live on a small ranch in the LV area. He warmly responded to my request to consider doing a series of radio shows that highlight NV government and regulatory failures, and what must be done to solve the problems.

Ray Grant wants to be sure to give due credit to those individuals and media sources like Ch13 who are helping to expose individuals and boards who are flagrantly abusing homeowners.  He intends to focus on “solutions” on his show and to inform homeowner-citizens about what they must do to protect themselves through better knowledge and activist support of honorable government management and pro-homeowner legislative reforms.

Please contact me for more information about this program in the future. Regards, Bob Frank bobfrank@cox.net  702-505-9959.

———————-

The October 9th show was very popular.  It produced a rating of over 30,000 listeners and resulted in over 3,000 web site hits during the first 24 hours. 

MP3  sound clips of the 8 program segments from the October 9th Show featuring Sun City Anthem Homeowner Tim Stebbins and Calico Ridge Homeowner Dr. Gary Solomon can be played and/or download from the following links.

1.  Segment 1

2.  Segment 2

3.  Segment 3

4.  Segment 4

5.  Segment 5

6.  Segment 6

7.   Segment 7

8.   Segment 8 (final)

Posted in Bob Frank-2011, Outside Politics, Truth Squad, SCA Board, News! | 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 22, 2011 by admin.

The below email reports on the Sun City Summerlin Board Meeting on September 19, 2011 where it was confirmed that an IRS audit was underway.  

“From: dom addonizio

To:
Sent: Monday, September 19, 2011 1:12 PM
Subject: IRS audit of the association

It was revealed by one of the directors at today’s Board of Directors meeting that resident Bernard Silver complained to the IRS about the association, and that this precipitated an audit of the association by the IRS.  The audit is still on-going.  Dom Addonizio”

Sun City Summerlin has always used the same, Del Webb/Pulte-recommended auditor/tax preparer as Sun City Anthem (Mr. Gary Lein, CPA).    As a reminder, Mr. Gary Lein is also a long-time member of the Governor-appointed Commission for Common Interest Communities and Condominiums. 

More details will be provided when available.

Posted in SCA Board, Community Affairs, Operations, News! | 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 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

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June 2, 2011 by admin.

(3rd Revision)

Due to some audience confusion during the board’s voting on the gaming issue, James Long’s vote was incorrectly stated in our previous report as favoring gaming.  But, he has recently advised us that his vote was actually in opposition to gaming and the comments below reflect that correction.

The new Board claimed in its May Meeting that a recent proposal by the only surviving lease partner
to take over the restaurant agreement was NOT contingent upon installing gambling/gaming machines.

But, that was a flagrant lie by the Directors and condoned by the attending association attorney and the RMI managers.  

The (previously secret) letter from Mr. Fred Slark dated April 7, 2011 (attached) makes it clear that installing
gambling/gaming is a deal-breaking condition for him to assume full responsibility for the current lease.
Anthem View Takeover & Demand For Gaming Permission  

Every Board Member since 2007 has known the majority of members of this community do NOT favor installing gambling
in the restaurant space.  In addition, the Tubin-controlled poll on gaming last year failed to satisfy the mandatory lease
terms and could not be considered binding on the association.

So, why was Mr. Slark’s high risk/low-member-value lease modification plan seriously considered?  Why did the Board
not summarily reject the offer after reminding Mr. Slark that gaming was not approved by his company’s survey/pool?
Is this not “business as usual” by the “new” board?

The Board’s vote in favor of gambling was 3 yes, 2 no, 1 abstain and 1 not present.

New Board President Jim Long voted against gaming–as he had promised during the campaign.

Celeste Bove weaseled-out by “abstaining” on the votes after claiming she “needed more information”.   But, she did not
make it clear  what “new information” would cause her to vote NO.  

Director Mike Carey had nothing new or significant to add before be voted in favor of the gaming.  He pontificated a bit
before caving in to the majority rule.

Director Jerry Gardberg woke up long enough to declare something incomprehensible about possible “litigation” before
he voted in favor of gaming.  As usual, nothing was provided to members to support the Gardberg rant.

Since Treasurer Dan Forgeron has personally managed the 3-year history of this totally failed restaurant lease, it is clear
his ego and unjustified pride in this handiwork will not let it die.  It is unfortunate that the association’s discredited
attorneys are able to get away with protecting such abject management failures.  If Mr. Forgeron had some personal
financial risk in this game, he would have abandoned this lease project in 2009.

Bella Meese was absent for her first board meeting due to going to CA with George for some medical work.

Wade Terry was the only director with the courage to vote NO for the lease modification+gaming proposal–as he
had promised during the recent campaign.

Even David Berman rose to speak in agreement with Bob Frank that the lease should NOT be approved IF it was
contingent upon approving gaming!   Imagine that unprecedented occasion!  It has not been seen since the 2007 ACE
board campaign days when the common objective was to dump Favil West, Attorney John Leach,  and their cronies!

Meanwhile, NO one has EVER produced any facts to support the opinions that gambling machines in our restaurant
MIGHT make the restaurant “profitable” from the members’ perspective.  The bogus idea that gambling would improve
the quality and/or pricing of food, service, catering capabilities, dining ambiance, or anything else of value to the vast
majority of SCA members has never been established.

Mr. Slark claims to be an honorable investor/manager in many businesses throughout the Las Vegas/Henderson area.
What else would you expect him to say?   But, exactly what has he accomplished while serving as a major investor in the
Tirzo-Tubin fiasco?  And, why should the Sun City Anthem homeowners trust him or the SCA Board in the future?  Have
we not had enough of this Tirzo-Tubin-Slark fiasco? 

And, what about the SUN’s September 4, 1998 report on the Gaming Commission’s rejection of Fred Slark’s application
for a gaming license for North Star Bar & Grill?   Was the license ever granted?  Why was this public matter about alleged
illegal gambling not disclosed before? 

Here is a quote of the relevant paragraph:

“–Rejected a request by Brian Cleland and David Saffren that their  application to be
licensed as shareholders of BFD Las Vegas Inc., which does  business as North Star Bar
& Grill, 5150 Camino El Norte, be withdrawn. The  board also rejected Frederick Slark’s
application to be licensed as shareholder of the North Star. The applications were
referred back to staff to give  the board more ime to review allegations that Saffren
and Slark had engaged  in illegal gambling. “I still can’t figure out what’s true and
what’s not true in this application,” said member Harris.  The board had indicated they
were going to deny both applications; Jeff Silver,attorney for the North  Star, equested
the staff referral to avoid a denial.”

Even if the board arbitrarily (and likely illegally) moves ahead with implementing Mr. Slark’s proposed agreement,
how will the board make Mr. Slark pay all of the hundreds of thousands of dollars required to modify the entire range
of facilities in Anthem Center?  Or, said a different way, what more facilities costs will the board secretly agree to pay
for to strike yet another bad restaurant deal?

Finally, when and what kind of escrow account will be established by the Slark lease-holder containing sufficient funds
to RESTORE the Anthem Center facilities to ORIGINAL condition–if the lessee should fail?  Not establishing such an
escrow account could be considered as evidence of a board conspiracy to commit fraud against the SCA homeowners.

Obviously, we need a FRESH start led by COMPETENT business people.  Mr. Stark does not appear to be someone worthy
of the high risks he has proposed.  

How can we get to the point of starting over without wasting another million dollars or more on the restaurant lease?

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June 1, 2011 by admin.

The Sun City Anthem Community Manager has distributed the following announcement:

“Looking for a way to give back to the community?

Have a background in Accounting or Finance?

We have a job for you!

The Sun City Anthem Homeowners Association Finance Committee (FC) is looking for residents with accounting and/or financial management expertise.

The FC is just beginning the 2012 budget development process. By joining now, a new member will have an opportunity to participate in the budgeting process, which provides a solid foundation for understanding and positively impacting the financial soundness of our community.

The ideal candidate should have solid experience in one or more of the following areas:

·Practicing or recently retired CPA or accounting professional

·Financial, accounting or MIS consultant for major corporation or government client

·Accounting or finance professor at a college or university

·Manager of P&L center, major department or internal audit with capital budgeting responsibilities

·Undergraduate and/or graduate degree in accounting, finance or business

If you are interested and want to make a difference in your community, please send a resume by no later than June 30th to:

“skyler.jewell” <skyler.jewell@scacai.com>   or 

“rckarrow” <rckarrow@cox.net>

AnthemVOICE would also like to encourage honest, ethical members with the strength of character to stand your ground on the truth to volunteer to serve on the SCA Finance Committee.   

If you are a CPA and you fairly follow what you know to be Generally Accepted Accounting Practices and can stand your ground in technical debates with the association auditor/tax preparer, you can make a huge difference in the future of this association.   Please help your fellow members!

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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

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May 10, 2011 by admin.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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/

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May 9, 2011 by admin.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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