You will meet today in a continuation of a series of Executive Sessions, all related to the hiring of a new Executive Director.
You are doing this even though at least one director is out of town and can’t attend.
Signing a contract with an Executive Director is critical to the success of SCSCAI but you the Board are and have spent a great deal of Association money on a task THAT MUST NOT BE ACCOMPLISHED BEFORE THE NEW BOARD IS SEATED ON 2/23/11.
The fact that the Board is meeting today in preparation for a special open Board Meeting with the only Agenda Item being the hiring of an ED raises questions and concerns. I urge each director to think carefully about his or her absolute requirement of acting as Fiduciaries doing things in the best interest of the Association.
The rumors are that Marilyn is trying to hire a questionable candidate. It is also obvious she is being challenged and doesn’t have a majority at this point supporting her efforts to hire an alleged unqualified ED.
None of us can know exactly what is going on but one thing is very clear. Each Director is an independent Fiduciary and if all the rumors and speculation have any basis of truth, you will be violating your
Fiduciary Duties.
You will have to defend what you do this week. Why would a responsible Board go through the process this Board is going through if there wasn’t something wrong. We have a regularly scheduled Board meeting on 2/15 and a new Board on 2/23. That fact makes all that has been done and all that has been spent doing it suspect. Right now they are just allegations and rumors but each of you is charged with the knowledge of
what you are doing. If what you are doing is in the best interests of the Association, in your honest opinion, based upon due diligence, you have nothing to worry about. From what I do know about the leadership
of Marilyn, some of you are taking a risk that is unnecessary.
Don Gelbman, Esq.
-Our Comments:
If it can be proven (this would be easy) that you (the board) violated that fiduciary position to 7000 SENIOR CITIZENS and were compelled or "forced" to act, you could/will be the subject of a PERSONAL LAWSUIT and WORLDWIDE PUBLICITY on ELDER ABUSE because of your wanton disregard to the law. Don.. We will be there all the way, and it will be in the MILLIONS. Do the right thing my friends.. STOP NOW....
___
Dear Mr. Gelbman and others,
The question before the house. If the Board discusses items in executive session that are not covered by NRS 116s limited scope of executive sessions, can a Board members disclose those discussions. Or better yet, it is the duty of Board members to disclose violations of law?
____
Passmonick Responds to Robey
Bob Robey - Listen closely! As I have stated many times, you must as a Board member or simply as a resident, disclose anything that is done against the governing documents. Let me give you an example - - -take the past Bill Cantor issue, whereby Mr. Cantor was brought up on charges years back with the Board secretly finding him guilty, yet when I informed the Board that since they acted against the governing documents on purpose I would inform the residents, they quickly found Cantor innocent. Then hard to believe, but near six years later Winkel charged Cantor with the identical charges and the Board without notice of what would happen, found him guilty. Also Bob take the recent issue with the removal of Steinman as President. To remove any HOA Board Officer, the requirement in Nevada is to have the charges presented to that Board Officer in writing, giving that party the option to have a hearing openly or closed. Did this Board under LeVasseur follow the guidelines - - -of course not, and because of this, we can possibly look at Steinman as still being the proper SCSCAI President, with LeVasseur being nothing but a has been!
To close Bob, in successful HOA controversies, if the Board is clearly acting outside the guidelines, rules and laws, there is nothing wrong to expose such actions. Yet I must tell you that the Board may take action as they did when I was on the Board, to initiate charges against me near seven times, but the bottom line being that I asked for open hearings, before many residents, and because of this the Board lost every hearing.
Thanks,
Something really is bad in Sun City Summerlin.
-This is called Discovery America..... For Court To PROVE YOU HAD THE FACTS FROM COUNSEL...
This can be appreciated when one reads below the "WARNING" ..... not a threat of alleged
extortion\ blackmail as our Board received from the Sun City duo McCanna\Bjonerud on August 19, 2010.
Don Gelbman Esq. licensed in Nevada and a resident owner in Sun City is reminding the Board that as individual Directors they are responsible for their actions as "fiduciaries".
The 'Marilyn' referred to below is our Sun City President, Marilyn LeVasseur who does not enjoy the wholehearted support of a large percentage of members in this Common Interest Community because of known efforts to deny 'full disclosure' to the other Directors and the Association members.
She has a record of communicating with selected members in a manner that is most unworthy of a President.
As an example, in one Email she informed the Secretary, Pat Cullen that she had instructed Accounting to not provide another Director, Bud Cook with information on Reserves because he was not one of her team players, or words to that effect.
Copies are available.
This President is just bad news for our community and is causing us very large fees with outside attorneys.
She has got to go.
Only the Association members can make the easy changes necessary ...... legal challenges may be necessary. Meanwhile; be aware, this does not add to our house values.
Now read on.
Bernard Silver
__
Read Letter Annotated Above "The Gelbman Warning"
___
Schulman Speaks and Board is given DIRE WARNING by Passmonick
2/2/2011 10:19 AM PST - For Discovery
SCSCAI Board of Directors, Don Gelbman & Others
- Having just got off the phone with attorney Schulman, I with data available, will do all I can to work toward what is best for SCSCAI.
With no holds barred, if LeVasseur continues to tear down SCSCAI, and continues to be involved with issues that have hurt the many fine seniors, she has got to be stopped at all costs, yet all costs within the guidelines, laws, and common sense.
By the way Schulman said he will be at the Monday Board meeting.
A suggestion I have to the Board is to stop cold the Executive Director issue until the new Board takes their position after the election.
Schulman and I discussed many issues, including the secrecy program that LeVasseur and Cullen use, the party said to possibly be supported and pushed to be the Executive Director, and even the Sky issue involving possibly Gibbs etc.
To the Board members I not warn, for I do not operate that way, but continue to act against what is best for the many SCSCAI seniors, and it will only in the long run hurt SCSCAI.
The meeting that was changed from the 4th to the 7th could have easily been held immediately after the Board meeting of the 15th, and would have avoided much of this controversy, as well as have avoided the expenses not needed.
Obviously knowing Schulman since I brought him to SCSCAI in April 2002, was a plus, but keeping him as legal counsel is something currently that I feel may not be the best for SCSCAI at this time.
My best,
BOB PASSMONICK CLARIFIES PERSONAL VS ASSOCIATION LIABILITY FOR ILLEGAL ACTS: PERSONAL LIABILITY IN TH MILLIONS FOR LaVasseur Et Al.
For Immediate Release
Sun City Summerlin Residents -
Folks currently there is the issue of Indemnification of Directors and Officers, as referred to in the SCSCAI by-laws.
To discuss this issue with the SCSCAI residents, I'll bring the issue down to terms better understood.
Indemnification of Directors and Officers in plain terms is an issue used to safeguard any HOA Board Director and/or Officer, from being subjected to claims, suits etc. in referene to what they have agreed to when accepting their position of either Director, Officer or at times both.
Yet folks there are several issues that must be met to qualify for that indemnification, the most serious being that if there is an act outside the State guidelines, and/or outside the governing documents, and it is confirmed to have taken place both knowledgeable up front, and on purpose, then no doubt the indemnification process does not fit that issue,
AND that party in such a known position up front, should never have the indemnification issue to be used to safeguard their purposeful act.
Here in Sun City Summerlin we have, supported by copies of emails etc,. and statements supported by many residents who attended various meetings, that the likes of LeVasseur and Cullen, in particular, have possibly acted outside any and all guidelines.
Proof of these such actions for example, have been the obvious act outside all the guidelines when both were definitely involved with the removal of the past SCSCAI President - - - -some have asked how?
When in Nevada there is a request by an HOA Board to remove a Board Officer, that Board Officer must be noticed in writing of the charges for the requested removal, and must be given the choice of a hearing, whether it be open or closed - - - this the choice of the party accused.
Precedent in such cases are usually referred to, and we do have such a precedent - - -it taking place on September 28, 1998, right here in SCSCAI, when the then Board removed the then Board Secretary, also removing that Board member from his then two Chairmanships.
After all this is still America, and no one is guilty simply by being charged, but must be proven guilty within the guidelines, rules and laws.
Was Mr. Steinman's removal properly handled within the guidelines, or was the move simply political, to allow yet Marilyn LeVasseur to take over as President? Needless to say, but after taking over the Presidency, the additional acts, of initiating a secrecy program, proven by the secret emails that have been intercepted, by the firing of the HR Director, and now with the controversy related to the replacement of the Executive Director, are possibly added nails in the so called coffin.
To summarize, with the purposeful act of taking over SCSCAI as it took place, not only Ms. LeVasseur, but also the three who supported her act that faithful day of October 4, 2010, not should, but must be brought to bear, more than for any reason, but to stop this nonsense without the guidelines being properly followed. To end this summarization, those responsible acted possibly outside their authority, and therefore should without a doubt, not be covered by resident funds to guide them through what takes place, as we move forward.
Indemnification in simple terms relates to HOA resident funds to pay for the expense coverage for Directors and Officers, but that is if in their duties they do not on purpose act outside the proper guidelines. This not the case, for time and time again those Board members responsible, were in turn told and warned about the act they were involved in, and yet literally spit in the faces of their constituents, going forward with acts that have severely hurt their senior neighbors.
To close, it is with this all said, that the Four, with LeaVasseur in the lead, who removed Steinman possibly outside the proper guidelines knowingly, and placed the hard nosed LeVasseur in as President must face what they literally asked for - - - this being a community to come down on each of them individually, not allowing resident funds to cover their possible lies as their defense.
Thanks for listening,
I wonder is there any a monetary compensation being paid to M L under the table or commonly known as payola by the individual that M L is pushing for the E D’s job?
Will there be an investigation by the RICO division of the DOJ because of what appears to be impropriety by M L regarding the hiring of the questionable candidate being pushed by M L?
Norman
ITS WARMING UP IN SUN CITY SUMMERLIN -----That is Politically!
Rumors are everywhere and on many aspects relating to the governance of our Sun City Summerlin and the forthcoming counting of ballots for 5 out of the 9 Directors which will take place on Feb. 23.
Other than the typical acrimonious and derogatory statements from the self appointed "King\Queen" maker duo, Sheila McCanna & Stan Bjonerud, who appear to delight in expounding on the attributes of the candidates they wish to control, and making deleterious statements about the other candidates life goes on with the typical mudslinging one would expect from these two.
A real situation is developing that is interesting. It goes like this.
Our current President Marilyn LeVasseur, aided by Pat Cullen Secretary and Ellen Bachman, achieved her seat by engineering a rapid coup at a time when there were two unexpected Board vacancies. One from death, and one from a resignation. For whatever the real reasons, which now appears to be the antics of a would be dictator gaining power, charges were made about David Steinman the then President and he was dismissed from office and replaced by LeVasseur.
Here is the real problem. David Steinman was never formally charged with a written document and was not given the opportunity to defend himself in an open session. Therefore his removal was improper should be nullified. LeVasseur, the engineer of the coup, is not President. David Steinman is. I believe that on this issue, there are complexities that I can't begin to think about because they are beyond my pay grade. Our attorney, in my opinion has a great interest and many will be watching. I'm informed that he will be at the Board Meeting on Feb 7. It could be interesting.
There is a lot of unhappy Association members because it appears that our outside Association attorney ( not named ) has failed as an expert on HOA law to inculcate the Board that each Director is a 'Fiduciary' and could be held personally liable for failures to perform correctly. Such failure could cause them the loss of indemnification for normal coverage.
Additionally we hear the complaints that our outside attorney should have advised the President LeVasseur on the right thing to do regarding the hiring of a new Executive Director. Why should this Board, which will be replaced on Feb 23 be making the decision on the selection of the Executive Director?
As such, because of the appearance of the lack of consideration for the approximate 12,000 Association members who pay all bills, the continuation of seeking services from the current law firm is being called into question. Note that this FY 2011 the estimated losses from mismanagement of three golf courses, which are used by less than 6% of our unit owners, and the Food & Beverages, is estimated to be about $3,200,000 and we have to add to this unknown but expected to be unusual high legal fees, created by the imposter President Marilyn LeVasseur.
Bernard Silver
Bob Passmonick Discusses Fraud and Illegal Placement of Marilyn LeVasseur as President of HOA, She is NO LONGER RECOGNIZED and ATTORNEY MICHAEL SCHULMAN COMPLICIT ... Payoffs?
Bob Passmonick Discusses Fraud and Illegal Placement of Marilyn LeVasseur as President of HOA, She is NO LONGER RECOGNIZED and ATTORNEY MICHAEL SCHULMAN COMPLICIT ... Payoffs?
Sun City Residents - I address this to any resident, primarily SCSCAI Board members, who have data regarding hard nose LeVasseur, to bring out the data and/or information now, and not wait for the SCSCAI election process.
It must be realized that a recall of any Board member or Board members is legal, but as we experienced several years back, it becomes possibly a nightmare to go forward with such a recall. It is obvious to many that LeVasseur and her, pardon this expression, but her cronies, are taking advantage of the many SCSCAI seniors, and anyone including current Board members who have any data to add to what we already know of what LeVasseur has been involved in, have a fiduciary responsibility to come forward with that data.
Again I was asked yesterday by two residents, what has she been involved with?
LeVasseur took the lead in an October 4, 2010 SCSCAI coup, when she and three of her cronies removed the then SCSCAI President. We now have facts that the removal was no doubt against the Nevada State and SCSCAI governing document guidelines, questioning the validity of her Presidency.
Then LeVasseur had her cronies place her in the position of the President of which they had removed, never giving the removed President his right to properly defend himself. After all in this great country no one is guilty unless they rightfully so, are given the opportunity to defend themselves!
Then LeVasseur saw that even employees were upset in what was happening, so she fired the then Human Resource Director, and will no doubt fire any other employee who crosses her self serving path.
Then LeVasseur found it near impossible to operate as she pleases, rather then as she should and must, so what action did she take next? Why she initiated a SCSCAI secrecy program, having messages thought to be secret passed between herself and Board member Cullen. Pardon this expression, but they were both too dumb, not realizing that in almost every HOA there are various parties who are honest and truthful, something lacking with LeVasseur, so out of the blue, someone not known had intercepted the LeVasseur secret messages and was sending myself copies - - - and I again say thanks. Reading these LeVasseur/Cullen writings made me realize that among us in Sun City Summerlin we have several in SCSCAI who want to look innocent, yet their actions against their neighbors is and has been a complete disgrace. Yesterday I spoke with SCSCAI legal counsel to warn even he, that these two in their supposed secret messages, had the nerve to write about keeping data from even legal counsel. Just imagine, both LeVasseur and Cullen needing and using legal counsel, and then planning to keep from the same legal counsel, data they are hiding.
What next!!! LeVasseur, besides passing on giving a gift to the departed Executive Director of $128,000 in resident funds, is now in the midst of from what we hear of replacing the Executive Director, with possibly someone who LeVasseur is rushing through to get the position, an appointment that rightfully so, should be made by the new incoming Board of Directors. Keep in mind that the gift to the outgoing Executive Director never was earned - - -how could it be earned when during his seven years, SCSCAI lost millions, a golf program financially failed, and he never put together a proper financial program. Yet they hand him that $128,000 - - - -some again ask was that a gift or a payoff to keep him quiet???
Folks if the impossible does happen and LeVasseur manages to win a position in her re-election bid, this will only be the beginning, in plans to come down on an apparent possible disgrace that has taken SCSCAI by its roots and hurt every SCSCAI senior, many not realizing or knowing what she has been involved with!
Having been in this HOA business for many years, believe me when I say that
LeVasseur should take credit for one thing - - - that being that in my many
years in this HOA business, never have I seen any Board member do so much
to hurt so many in such a fine community as Sun City Summerlin.
Thanks for listening,
Gail Stacy - Who in the possible hitlerite clan has stopped or invalidated the petition collection? Here we have a candidate LeVasseur, having the legal counsel who we all pay for, openly endorsing LeVasseur, possibly the worst Board member in SCSCAI history, and then residents who again pay all the fees are said they cannot have a petition. Gail almost every day here in SCSCAI, all the decent SCSCAI residents are met with rules that simply help the nasties hurt the many fine seniors.
Now some ask, how can this get out to the SCSCAI residents. To do what I did many times when on the SCSCAI Board seven years - - - that is not to follow the hitlerite rules, and yes I was brought up on charges seven times, but asked for open resident attended hearings, and won every hearing easily. This is the same way LeVasseur became President, when they removed Steinman in an October 4, 2010 coup, not properly within the State and SCSCAI guidelines, allowing Mr. Steinman to properly defend himself. This is still America - - - - -or is it????
Bottom line Ms. Stacey and others - - - we are now in a purposely managed HOA, that does not ask, but orders their residents on almost how to do everything but breathe, and that may be next. As I have said and experienced in my many years in the HOA business - - -when you allow fools to get away with crap, they simply expand their takeover. We have seen this with near 95% of the residents being ordered to pay for golf, when they never step on the courses, we have seen this when residents are ordered to even support non residents with their golf play, and when the very few were allowed to take over SCSCAI this past October, everyone should have known this was far from the end of a few ruling the many, only to make SCSCAI a future mess, but with facts in my hand, this has all resulted directly in hurting resales in this fine community. All this is currently out in the open across southern Nevada,
and being in this business for years, I have been asked - - -what makes you reside in such a community??????
P.S. You can add to this two years back when even the Clark County Assessor
because of how SCSCAI was operated, thought he could get away with
billing all SCSCAI residents with taxes on properties we did not own. Yes
we in the annual tax billings were billed for taxes not owned. The Board at
the time said this is fine, so I filed a complaint with the Nevada State AG,
with the result of that complaint coming back to me to state I was 100%
correct, and that the SCSCAI Board was 100% wrong, and that never again
would SCSCAI residents be billed for illegal taxes.
I close this P.S. with wake up SCSCAI - - -we are being victimized almost
every day, with individuals who care little for all of us, except when they
possibly lie when they want our votes!
It must be realized that a recall of any Board member or Board members is legal, but as we experienced several years back, it becomes possibly a nightmare to go forward with such a recall. It is obvious to many that LeVasseur and her, pardon this expression, but her cronies, are taking advantage of the many SCSCAI seniors, and anyone including current Board members who have any data to add to what we already know of what LeVasseur has been involved in, have a fiduciary responsibility to come forward with that data.
Again I was asked yesterday by two residents, what has she been involved with?
LeVasseur took the lead in an October 4, 2010 SCSCAI coup, when she and three of her cronies removed the then SCSCAI President. We now have facts that the removal was no doubt against the Nevada State and SCSCAI governing document guidelines, questioning the validity of her Presidency.
Then LeVasseur had her cronies place her in the position of the President of which they had removed, never giving the removed President his right to properly defend himself. After all in this great country no one is guilty unless they rightfully so, are given the opportunity to defend themselves!
Then LeVasseur saw that even employees were upset in what was happening, so she fired the then Human Resource Director, and will no doubt fire any other employee who crosses her self serving path.
Then LeVasseur found it near impossible to operate as she pleases, rather then as she should and must, so what action did she take next? Why she initiated a SCSCAI secrecy program, having messages thought to be secret passed between herself and Board member Cullen. Pardon this expression, but they were both too dumb, not realizing that in almost every HOA there are various parties who are honest and truthful, something lacking with LeVasseur, so out of the blue, someone not known had intercepted the LeVasseur secret messages and was sending myself copies - - - and I again say thanks. Reading these LeVasseur/Cullen writings made me realize that among us in Sun City Summerlin we have several in SCSCAI who want to look innocent, yet their actions against their neighbors is and has been a complete disgrace. Yesterday I spoke with SCSCAI legal counsel to warn even he, that these two in their supposed secret messages, had the nerve to write about keeping data from even legal counsel. Just imagine, both LeVasseur and Cullen needing and using legal counsel, and then planning to keep from the same legal counsel, data they are hiding.
What next!!! LeVasseur, besides passing on giving a gift to the departed Executive Director of $128,000 in resident funds, is now in the midst of from what we hear of replacing the Executive Director, with possibly someone who LeVasseur is rushing through to get the position, an appointment that rightfully so, should be made by the new incoming Board of Directors. Keep in mind that the gift to the outgoing Executive Director never was earned - - -how could it be earned when during his seven years, SCSCAI lost millions, a golf program financially failed, and he never put together a proper financial program. Yet they hand him that $128,000 - - - -some again ask was that a gift or a payoff to keep him quiet???
Folks if the impossible does happen and LeVasseur manages to win a position in her re-election bid, this will only be the beginning, in plans to come down on an apparent possible disgrace that has taken SCSCAI by its roots and hurt every SCSCAI senior, many not realizing or knowing what she has been involved with!
Having been in this HOA business for many years, believe me when I say that
LeVasseur should take credit for one thing - - - that being that in my many
years in this HOA business, never have I seen any Board member do so much
to hurt so many in such a fine community as Sun City Summerlin.
Thanks for listening,
Gail Stacy - Who in the possible hitlerite clan has stopped or invalidated the petition collection? Here we have a candidate LeVasseur, having the legal counsel who we all pay for, openly endorsing LeVasseur, possibly the worst Board member in SCSCAI history, and then residents who again pay all the fees are said they cannot have a petition. Gail almost every day here in SCSCAI, all the decent SCSCAI residents are met with rules that simply help the nasties hurt the many fine seniors.
Now some ask, how can this get out to the SCSCAI residents. To do what I did many times when on the SCSCAI Board seven years - - - that is not to follow the hitlerite rules, and yes I was brought up on charges seven times, but asked for open resident attended hearings, and won every hearing easily. This is the same way LeVasseur became President, when they removed Steinman in an October 4, 2010 coup, not properly within the State and SCSCAI guidelines, allowing Mr. Steinman to properly defend himself. This is still America - - - - -or is it????
Bottom line Ms. Stacey and others - - - we are now in a purposely managed HOA, that does not ask, but orders their residents on almost how to do everything but breathe, and that may be next. As I have said and experienced in my many years in the HOA business - - -when you allow fools to get away with crap, they simply expand their takeover. We have seen this with near 95% of the residents being ordered to pay for golf, when they never step on the courses, we have seen this when residents are ordered to even support non residents with their golf play, and when the very few were allowed to take over SCSCAI this past October, everyone should have known this was far from the end of a few ruling the many, only to make SCSCAI a future mess, but with facts in my hand, this has all resulted directly in hurting resales in this fine community. All this is currently out in the open across southern Nevada,
and being in this business for years, I have been asked - - -what makes you reside in such a community??????
P.S. You can add to this two years back when even the Clark County Assessor
because of how SCSCAI was operated, thought he could get away with
billing all SCSCAI residents with taxes on properties we did not own. Yes
we in the annual tax billings were billed for taxes not owned. The Board at
the time said this is fine, so I filed a complaint with the Nevada State AG,
with the result of that complaint coming back to me to state I was 100%
correct, and that the SCSCAI Board was 100% wrong, and that never again
would SCSCAI residents be billed for illegal taxes.
I close this P.S. with wake up SCSCAI - - -we are being victimized almost
every day, with individuals who care little for all of us, except when they
possibly lie when they want our votes!
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