Tuesday

The Sun City Member Discussion Board..... OMG You Will Never Believe This... Unedited

CBS News Covers HOA Protest Rally of the Hiring of Christine A. Gibbs / VIDEO/ PAISOLA

From The Summerlin Sun City Blog: Not Edited for Clarity to our Readers

1. YOUR RIGHTS AS A PROPERTY OWNER

A condominiums homeowner has these property rights:
A. Exclusive Use of Your Unit
Each unit may be dealt with by the owner in the same manner as is permitted by law for any other parcel of real property. Specific rights to use your unit include these:
Maximum privacy within your unit. The association may enter your home only to maintain or replace a common element or to make emergency repairs necessary to prevent damage to common elements or to other units;
To live in your home free of conditions that materially interfere with your peace, comfort or health;
To bring action for relief against others for a violation that affects your occupancy;
To decorate your unit;
To alter or improve your unit (subject to restrictions);
To mortgage your unit;
To sell or transfer your unit;
To sublet or rent your unit (subject to anti-discrimination laws and the established rules of the association);
To use the limited common elements assigned to your unit (subject to restrictions).
B. Use of the Common Facilities on an equal basis (in accordance with approved rules and regulations).
C. Have the Common Elements Maintained, Repaired, Replaced and Kept Sanitary to an Agreed-Upon Standard
D. Receive All Services Due on an equal basis.
E. Security and Protection from Criminal Acts and Hazards
Vigorous efforts to protect against fire, storm, and other hazards; against any violations of security or any criminal acts; and against any infringements of owners' personal data or other rights;
Reasonable concern for stability of investment values to the extent these are affected by common actions.

2. YOUR RIGHT AS AN ASSOCIATION MEMBER TO A FORMALIZED, PROPER GOVERNANCE SYSTEM THAT IS EMINENTLY FAIR

New Jersey Condominium law mandates that homeowners have a fundamental right to an association government which furthers the well being of the homeowners.
A. The Association Must Be Organized into a Proper Governance Structure
This includes:
A board of directors/trustees of specified number and qualifications, officers, powers and duties, election procedure, term of office, procedure for removal and filling vacancies of directors, and liability;
Meetings with schedule, agenda, notification, minutes, and attendance by unit owners.
B. Procedures for Rule Enforcement
The association will be managed in accordance with association documents and rules, which will be enforced diligently, consistently and equally;
Formal and approved mechanisms for enforcement of rules.
C. Mechanisms for Justice
A basic principle is to attempt to solve problems rather than punish alleged offenders or win a dispute. This would begin with reasonable informal processes before any formal procedures are invoked. The formal procedures include:
A separation of powers so there is justice free from political interference; Mediation/ADR must be used to resolve complaints and disputes before resort to litigation;
Resolution of alleged rule violations and disputes may not be delegated to a managing agent;
The association will not undertake to resolve alleged criminal actions;
Due Process: The rule enforcement and dispute resolution process must be based on due process. With the sole exception of regular assessment collections, an association must afford each of its members due process before any disciplinary action is taken. Due process requires: The procedures for enforcing rules and settling disputes must be approved and made known; the rules and penalties must be approved and published prior to any enforcement; equal enforcement of rules; written notice of the specific complaint; presumption of innocence; a hearing in a fair tribunal before an impartial and qualified referee, with the opportunity to see evidence and confront accusers; opportunity to appeal to an impartial forum; no unreasonable penalties.
D. Fair Elections
There must be approved and published Election Policies and Procedures detailing all aspects of elections, including nominating or election committee, nominating procedure, campaigning, notice of election, rules for absentee and proxy ballots, conduct of the election, and vote counting.
The election procedures must have commonly accepted means to prevent irregularities and the perception that irregularities could occur, such as a level playing field for all candidates and a neutral party to conduct the elections.
E. Proper Procedures Will Be Developed With Homeowner Involvement and Will Be Published and Adhered To
Approved procedures are needed to assure the governance system will function effectively and in a manner consistent with law and the needs of unit owners.
These procedures should include the operation of the board, elections, creating and changing rules, rule enforcement, dispute resolution, hiring and firing, employee work schedules, contracts and purchasing, communications, budgeting and auditing, and other necessary procedures.

3. YOUR RIGHT TO PROPER EXECUTION OF POLICIES, PROCEDURES, AND FIDUCIARY RESPONSIBILITIES

A. Homeowners Have the Right to Full and Proper Performance of Duties by the Board
Every board member must follow the procedures designed to advance the association members' welfare;
Every board member must actively perform as a director and may not simply sit and observe.
Fiduciary responsibility may not be abdicated to anyone;
Every board member must see to it that unit owners' rights are protected, and if any right is violated, particularly by an officer, each board member must make every effort to correct the offense to the unit owner and the violation of procedure.
B. Ethical Conduct and Protections Against Corruption and Conflicts of Interest
Board members will use the powers and resources of a director only for advancement of the association and not for any personal gain, whether financial, legal, power in the community, or other benefit;
The association must have a published code of ethics for board members detailing prohibited conflicts of interest and assurances of ethical conduct;
The managing agent and superintendent must not have a conflict of interest. The managing agent must observe the code of ethics of the industry and association;
The managing agent must give allegiance to all the unit owners of the association, and will show no favoritism to board members.
C. Compliance With Laws
The association will be law-abiding and will:
Comply with legal requirements applying to all parts of society, such as non-discrimination in housing;
Comply with health and safety codes;
Comply voluntarily with legal provisions and recommended procedures for protecting the interests and rights of homeowners, and will not resist complying;
The board will bring the association's rules and procedures into conformance with the state law and with changes in the laws.
D. Careful, Judicious Handling of Association Finances
Honest, careful, and open dealing with association finances;
Adequate safeguards against corruption and enforcement of those procedures;
Detailed and careful record keeping;
Compliance with recommended accounting procedures;
Full and regular reporting to unit owners;
Easy access by unit owners to financial records;
Maintenance of adequate reserves to cover replacement of common elements;
Prompt and vigorous action to collect delinquent assessments;
Appointment of a finance committee with responsibility to oversee all aspects of association finances, including bills, bidding, performance of suppliers, and payroll, and to report to owners and the Board;
Adequate supervision of all vendors and competitive bidding;
Adequate insurance coverage of the common elements.
E. Appropriate, Businesslike Relations With Government Officials
No infringement on unit owners' citizenship rights to work and vote for any political party or candidate in any public election;
The association is not to act as an arm of any political party, faction, or candidate on any level of government.

4. YOUR RIGHT TO PARTICIPATE IN ASSOCIATION AFFAIRS

An open system that gives homeowners a direct say in the political process and that has published rules that encourage broad participation, attracts candidates for the board and committees, that guarantees equal opportunity and provides no special advantage to incumbents and their supporters.
A. Voting Rights
To vote the share allocated to your unit in any election or on any issue brought before the membership. All unit owners who are in good standing are qualified to vote, and are qualified if they have paid all due assessments and charges;
To elect board members;
To remove a board member or members at any meeting of the unit owners at which a quorum is present, with or without cause;
To approve or disapprove a major capital expenditure;
To approve or disapprove any proposal to amend the governing documents.
B. An Active Committee System
A system of committees with meaningful assignments and utilization of their efforts;
Encouragement and appreciation of committee volunteers;
A system that provides for reasonable turnover in board, committee, and newsletter membership, and broad participation in the association governance structure without harassment or obstacle.
C. An Open and Appropriately Responsive Board which:
Voluntarily, not grudgingly or only under pressure, conducts association business openly under the gaze of unit owners;
Listens with grace and understanding and encourages rather than suppresses unit owner participation and contributions;
Listens to suggestions and critiques of board policies and procedures and of association operations;
Gives prompt response to questions, suggestions, and requests;
Refrains from recrimination, rebuke, intimidation, or retribution in response to suggestions or criticisms of board actions or policies.
D. Right to Exert Influence On Any Association Matter
To petition the board on any association matter, including requests to do something, to not do something, or to change policy or procedures;
To organize and join with other unit owners in forming independent committees;
To conduct surveys, hearings, conferences, or meetings - to inform members of the association and to petition the board;
To publish and distribute independent newsletters, information sheets, or other materials;
To have equal access to be published in an association newsletter.

5. RIGHT TO HOLD THE BOARD ACCOUNTABLE

In all types of organizations in which a few have the power and authority to affect the welfare of others, it has been established that those affected have the right that those in power account for their actions. The essential idea of accountability is that those with power must with diligence and thoroughness routinely disclose the financial and other records and maintain transparency in governing to those whose welfare is affected. Accountability must be built into the system.
In an association of homeowners, some specific forms of accountability are directly required, such as financial audits released to all, while others are stipulated but the precise form of compliance is not specified - provisions for fair elections, for example. In addition, oversight for accountability is built into the system through agencies outside the specific organization and which then exercise oversight - by the courts and regulatory agencies, for example. A free press and outside arbitrators in disputes are other examples. In effect, it is essential to have a system of checks and balances.
The right of homeowners to hold those in power accountable through oversight is also realized in relatively simple procedures:
The right to a quick, factual response to an inquiry;
The right that financial and other records will be kept in routine manner, such as inventory controls and check-writing controls;
The right to disclosure procedures which insure easy access to most documents within a reasonable time and without unreasonable restrictions;
The right to be routinely informed in the course of business;
A right that a Book of Resolutions will be kept by the board: an orderly, indexed record of resolutions and procedures adopted by the board, including the date and reasons for the each resolution;
That every position - president, director, newsletter editor, or other - is a scripted position with public knowledge of the obligations and limits of the position.
Unit owners are able to fulfill their right (and responsibility) to scrutinize and hold the board accountable for its policies, actions, and statements and to protect their investment and their home, only if they have full and unfettered access to all forms of information and actions generated by the board, managing agent, employees, and contractors.

6. YOUR COMMUNICATION AND INFORMATION RIGHTS

To meet the requirements of accountability and rights to responsible participation, an association should have a system to diligently and regularly keep unit owners fully informed on affairs of the association and external matters that affect the association, and which includes sufficient opportunities for owner viewpoints to be expressed without retribution.
A. An Objective and Complete Two-Way Communications System
B. Full Disclosure, in Writing, of All Policies, Procedures, and Rules
C. Access to Records:
A right that is unequivocally specified in community association law, association governing documents, and recommended procedures for association operations is access to association records. This includes access to: Minutes of board meetings. The board must maintain accurate and detailed records of its actions and minutes of all meetings, which must be available for examination by homeowners;
All policies and rules and regulations and changes therein;
Committee minutes and reports;
Financial records. The financial reports of the association should be designed to meet homeowners' needs for prompt, complete, intelligible, and accessible financial information. Financial records include the detailed books of account and supporting vouchers, a chronological record of all receipts and expenditures, monthly income and expenditure statements, the proposed annual budget, a separate account for each unit, the proposed assessment against each unit and any proposed special assessments, a copy of the certified audit of the association's accounts prepared by a certified public accountant;
Studies and reports prepared for the association, including drafts of those reports, such as engineering studies and lawyers' reports;
Contracts: with the managing agent and other vendors;
Insurance policies;
Records are to be available at the association's office and at reasonable hours.
D. Open Board Meetings, With Notice, Agenda, and Minutes
All meetings of the board of directors must be open to attendance by all unit owners. All board decisions and votes must be conducted in public sessions.
Executive sessions may be held only on certain limited and specific confidential matters;
Meetings must be held at reasonable hours;
Adequate notice of board meetings must be given to all homeowners;
Minutes of the proceedings must be taken at all meetings and copies made available to homeowners before the next meeting;
Agendas for all meetings must be made available to homeowners before the meetings.
E. Freedom of Expression
Freedom to express views in oral, written, or graphic form;
Freedom from interference or political harassment for views expressed;
Opportunity to hear all views expressed without having flow of information from any segment of the association curtailed.

7. YOUR RIGHTS AS A MEMBER AND NEIGHBOR IN A RESIDENTIAL COMMUNITY

The essence of the residential community association form is a community of owners living in mutual respect for each other's rights, which include:
Courteous and respectful treatment by the managing agent, the staff, and other homeowners;
In their conduct as directors board members will not slander the character or motives of any homeowner;
All homeowners will comply with association documents and rules;
Other homeowners will respect and actively support your right to live in peace, as you will respect theirs.

8. RIGHTS DUE ANY MEMBER OF UNITED STATES SOCIETY

A. The Association Must Provide for and Protect All the Rights That Apply to All Americans
������������������������������
Lois Pratt and Samuel Pratt
7855 Boulevard East, 11C
North Bergen, New Jersey 07047
Fax 201-861-5917
Email: LoisSamPratt@msn.com
������������������������������

SELECTED REFERENCES

Burgess, Thomas. Selecting An On-Site Manager. CAI, 1991.
By-laws and Master Deeds of various condominium associations.
CAIonline
Common Ground (magazine)
Community Trends, CAI - New Jersey Chapter (monthly magazine)
Federation of New York Housing Cooperatives, Rights & Obligations of Shareholders/Condo Unit Owners, 1994.
Jackson, F. Scott and Baratti, David G. Strategies of Successful Enforcement of Rules and Deed Restrictions. CAI, 1992.
Nagle, P. Michael, Guide to Annual Meetings, Special Meetings and Elections. CAI, 1992.
State Condominium Laws.
State and U.S. Constitutions and Bill of Rights
Rosenberry, Katherine, ABCs. A Basic Course for Association Leaders. CAI, 1994.
Sellers, Tonia C. and Lazega, Jay S. Conflicts of Interest. CAI, 1991.
Smith, Wendell A. Condominium & Community Association Law. Gann Law Books, 1993.
Walker, Vivian G. Resolving Association Disputes. CAI, 1991.

Friday, December 17, 2010

CH 13 Hall of Shame Candidate

Dear Ms. Darcy Spears,

My name is Dwain Kramzar and I am a twelve year member/homeowner in Sun City Summerlin HOA. Like most residents my wife and I moved here for the retirement lifestyle as provided in Sun City's governing documents. However,  shortly after moving here a small political group formed and took control of our HOA by dominating the committee's, therefore, gaining control of our management, communications, finances and elections.

 The reason I am writing you this letter is because our thirteen thousand  Sun City seniors need CH 13 and your help to expose a Blackmail/Extortion Letter sent to the Board of Directors, by this small politically group, leading to the removal of President David Stienman (former LV City Councilman) and they now have complete control of our HOA.

Ms. Spears,  below is a LINK to the August 31, 2010 Blackmail/Extortion Letter delivered to the Board of Directors by this small political group.

Thank you in advance for your concentration,

Dwain A. Kramzar
2624 High Range Dr.
Las Vegas, NV 89134
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting

"RESIDENT FORM" MEET THE CANDIDATE QUESTION

TO CANDIDATES: LeVasseur, Cullen, Bachman, Cook, Beers  

QUESTION: If an investigation would implement you as an co-conspirator with the August 31, 2010 Blackmail/Extortion Letter sent to the SCSCAI Board

WOULD YOU WITHDRAW FROM THE 2011 SCSCAI ELECTION PROCESS? - YES or NO

Dwain A. Kramzar - Resident Home-owner


Monday, December 13, 2010

Accountability is the Essential component of Governance

Accountability is a concept in ethics and governance with several meanings, the lack of accountability is the common denominator associated with SCSCAI's management and Board oversight failures.  Accountability can not exist without proper accounting practices, in other words absence of accounting means absence of accountability.


OUR ELECTED BOARD OF DIRECTORS MUST BE HELD ACCOUNTABLE FOR THEIR ACTIONS


Dwain A. Kramzar 
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting




Friday, December 10, 2010

City Directors are indemnified --- members at large are not.

Bob  Passmonick: Bob, I think it is extremely important to focus on two things, Blackmail/Extortion & Accountability. If SCSCAI Home-owner's, for the last ten years, would have been properly informed of the actions of Stan's Clan and held them accountable our Sun City retirement community would not be in the sad shape, socially and financially, that it is. These conditions came about when Bjonerud/McCanna were allowed to put a strangle hold on Sun City's communications, therefore propagandizing our information, this led to community apathy.

Any actions that need to be taken MUST be by and for our Sun City Community Home-owners, this is not an individual effort. We need informed Home-owners to unite, organize information then contact proper regulatory agency's, there is strength in numbers. Time is important, we have a short few weeks before the 2011 Board election.   

Dwain A. Kramzar
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting


LINKS:



--- In SC-SCOOP@yahoogroups.com, BobEmInc@... wrote:


Dwain Kramzar & Bernie Silver  -  Finally!!!!!!!!!!!!!!!!!!!!!

What I refer to with the finally above, is the fact that I hear finally that someone has mentioned taking the issues here in Sun City Summerlin further, explicitly to the authorities.   What has been discussed regarding what Stan Bjonerud was said to be involved with, if not pushed to the extreme, will only as has been the case before, have the same parties think they got away scott free, and then go on to possibly repeat their atrocious act.

  My best to both of you and I am always available to discuss the issues noted!

                         Thanks,

                                                                         Bob  Passmonick

Re: Sun City Directors are indemnified --- members at large are not.

Bernie, the  "Business Judgment Rule".doesn't pertain to Blackmail/Extortion. Blackmail/Extortion is better defined under the RICO Act, therefore, does not provide any protection to the Board of Directors.

 In response to Stan Bjonerud's Email dated Wednesday, October 20, 2010, 7:59am defending and justifying the Blackmail/Extortion Letter sent to SCSCAI Board I pointed out to Stan that I find his defense and justification of these actions troublesome particularly page 4 of "THE LETTER" is a blatant case of extortion and blackmail by  the unlawful demanding and obtaining of something through force by the signers Richard Post --Ed Walterscheid ------Frank Beers, Jim Flynn, Bernard  Bronstein, Gary Conrath

 "THE LETTER" has all the qualifications to be covered under The RICO Act. I am amazed that Stan and the signers would let themselves be involved in such an activity. Another troublesome matter is Stan's justification of their actions, by saying "in accordance with NRS 226 guidelines and regulations". (What is Stan talking about?) Maybe Stan should carefully reread "THE LETTER" particularly page 4.

The fact that four members of the Board (LaVaseur, Culen, Bachman, Cook) by not revealing  "THE LETTER" then removing President Stienman and appointing two of the signers of  "THE LETTER" (Flynn & Beers) has the appearance of a conspiracy, this is also covered under the The RICO Act.

This group of conspirators has never been held accountable for their actions. Now is the time to form a group of home-owners to expose their actions to the proper authorities and CH 13 HOA Hall of Shame program, I am available. Stan's Clan has to be held accountable if there is any hope of SCSCAI having an honest and fair 2011 Election.

Dwain A. Kramzar
2624 High Range Dr.
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting





On Wed, Dec 8, 2010 at 7:15 PM, Bernard Silver <silverinvegas@yahoo.com> wrote:





 During the past few days I have been reminded by several Association members, that members of
 the Sun City Summerlin Board of Directors are indemnified if they unwittingly break the law. 
 Also, I have been reminded that this protection, via an Insurance Policy, which we association
 members pay for, is augmented in general, by the Board of Directors, Covering their Rears 
 by using the commercial standard known as the "Business Judgment Rule". (check it on Google)
 If we didn't have these protective provisions in our governing documents, it is unlikely that any person
would serve the community.
Within the conversations that I have had with some fellow association members, the situation of 
Sheila McCanna, a licensed real estate agent, who, in my opinion, should have higher ethical standards, and Stan Bjonerud, the owner publisher of The Village Voice made a written  "Blackmail Attempt" dated August 19, 2010 whereby they sent a Memorandum to all Board members and others, threatening, with details, to disclose some personal details of some association individuals, staff and directors, unless the Board declined to follow the lead of President\Director Steinman in removing the Exec
Dir from office.  The Board ignored this attempt of blackmail. 
Now the critical issues that I am being questioned on are:
1. Why didn't the Board report the attempt of Blackmail to the appropriate law enforcement
    authority? 
2. Because all members of the Board are elected by the Association members, this Blackmail
    attempt was in reality an offense against the orderly conduct of business for the benefit of
    SC Association members.  As such, the key question that surfaces is whether it is reasonable
   and practical for a lay Sun City Summerlin Association member to do what the Board failed to
   do and have some impact in preventing this type of breaching of our civil laws?
3.  It appears clear that in this particular incident, Sheila McCanna and Stan Bjonerud, in their
     attempts to run this Common Interest Community as they see fit, without serving on the Board, 
     have exceeded their rights and intruded on those of others.  As such, they are in the same
     position as Board Directors.  They will not be indemnified from any legal expenses if
     litigation becomes a fact and as I understand from counsel at this date I\we do not have any
     problems relating to 'Statute of Limitations'.
I am available for any discussions, private or on this SC-Buzz chatline that are targeted to be
for the benefit of this community and the elimination of any similar incidents. 
  
Bernard Silver
  ===========================================================================



Thursday, December 9, 2010

Re: [SC-SCOOP] Re: [SCBuzz] SUN CITY SUMMERLIN AGAIN!

Mr. Silver, in a lot less words what you are pointing out is the lack of ACCOUNTABILITY. Accountability is a concept in ethics and governance with several meanings, the lack of accountability is the common denominator associated with SCSCAI's management and Board oversight failure.  Accountability can not exist without proper accounting practices, in other words absence of accounting means absence of accountability.

OUR ELECTED BOARD OF DIRECTORS MUST BE HELD ACCOUNTABLE FOR THEIR ACTIONS


Dwain Kramzar 


On Wed, Dec 8, 2010 at 8:33 AM, Bernard Silver <silverinvegas@yahoo.com> wrote:
 
Mr. Alitt,

In any entity such as this CIC, where we do not have a clearly defined "Management System" including very tightly defined Standard Operating Procedures for Purchasing, there is room for mischief\dishonesty.

Many years ago, I and Fred Schaefer investigated a situation regarding the procurement of "Bed Blade Grinders".
With our combined engineering and hands on machinery background it didn't take us long to "kill" a Purchase
Order for the last of three units that had been ordered because A. the funding was in the Reserves and B. a relatively incompetent (my words) staff member convinced the Finance Committee\Board of the need.  Our examination and consultation with the manufacturer revealed that the machines had a virtual indefinate lifespan and spare parts were available.  The brutal fact was that the operator didn't know how to use the equipment correctly.

When we asked as to what had happened to the two units that had already been replaced we, received very very vague and unacceptable answers.   As a qualified 'tool and die maker' I would bet anything that 2 units were removed from our property that were in no need to be replaced.  Our calculations showed that only one unit was needed for three golf courses and that one could do all that was necessary in two, 40 hour weeks.   The prime moving staff member left shortly thereafter.  Needless to say but I will, with the changing of Directors every year and with Executive Directors who have no understanding of the hardware of our amenities, it is easy to have such incidents .... think of the latest.....  POOP in the swimming pools that they were unaware of.  Lack of communications .... lack of a Management System.

Bernard Silver

Saturday, February 12, 2011


correspondence from Steve Commader

To All: When I received this attached correspondence from Steve Commader; I phoned him to discuss the content. After talking with with Steve, I believe that we should coordinate our adjectives into a content driven message that everyone can understand. Remember that the residents are blinded by most recent process driven data, this is overwhelming and creates apathy.

Read the correspondence form Steve, I have pointed (commented in blue) several issues that I have heard discussed by many on the chat-lines. These issues show cause-ability (why things happen) in Sun City and that could rectify the direction of our community or start a recall process. 

What is needed is five/ten homeowners with ideas & documented facts to contribute, I am available to do my part.


Dwain A. Kramzar
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting



Today, February 11, 2011, I received the two emails below from Ms. Lorin Martin and the Sun City BOD president Marilyn L.

I
called Ms. Martin about her email that noted 5-business days advance
notice was required to put MY REQUEST on the BOD agenda. I indicated to
Ms. Martin that the BOD had received several of my emails well before
the 5-business days. The emails pertained to the SCSCAI condoning, in my
opinion, the illegal operation of a business by residents and the
solicitation of funds via an email to other residents to recoup some of
their expenses. It was understood during my conversation with Ms. Martin
that the BOD apparently DELAYED giving Ms. Martin my emails so my
request could not be on the February 15th agenda. Thank you Ms. Martin
for your assistance


In
regard to my above noted emails to the BOD on the suspected illegal
business operation in Sun City of some residents, only an Appointed
Board member, Frank Beers, responded with an incomprehensible answer.
Maybe his response was superfluous because he knew exactly what I was
referring to and it pertained to two of his 'friends'. No other BOD
member had the courtesy to reply to any of my emails. The BOD should be
aware this matter is not going away. In addition, it is my understanding
from legal authorities that the BOD and, unfortunately, Sun City
residents may be faced with lawsuits and significant fines in this
matter.


Now
a message to the BOD from one of their employer's, a Sun City Summerlin
resident named Stephen Commander. Based on the BOD meeting on February
7, 2011, my opinion is that there are five inept, incompetent,
ineffective and immoral current BOD members named Marilyn L., Jim F.,
Frank B., Ellen B., and Pat C. I have never seen such a group of
pathetic 'leaders' who in front of 300 residents and Channel 8 News
refused to respond to resident questions about the hiring of a new
Executive Director. Yet, at that meeting these same five BOD members
approved the hiring of Christine A Gibbs as our new E. D. It is my
understanding that Ms. Gibbs had previously resigned from her job on
January 31, 2011 because someone on the BOD informed her on January 24,
2011 that she was hired for the E.D. position. Therefore, the hiring
seems to have occurred BEFORE the 'charade' of the February 7th BOD
meeting.


It
is so good to know that Marilyn and Frank will be ex-board members in
less than two weeks and for you other three, your days are numbered.


P.S. Marilyn, is the above also "very succinct and well done"?

Let it be known that this email is being sent the same day I received the two I noted above and not two weeks after the fact.

Stephen Commander




---- levasseur07@cox.net wrote:
> Very succinct and well done.  Marilyn
> ---- Lorin Martin <LorinM@SUNCITYLV.COM> wrote:
> > Dear Mr. Commander,
> >
> > I received a forwarded copy of your email below and I want to ascertain
> > that your email is responded to with information to assist you, if
> > someone hasn't provided you with this information already. [a forwarded copy was also sent to Stan Bjonerud (see the last attached correspondence)]
,
> >
> > You have quoted NRS 116.31087 appropriately but in addition, the Board
> > of Directors approved Policies and Procedures 1.3.2 on November 18, 2009
> > regarding any resident's complaint(s) so that they are handled equally.
> >
> > Below is P&P 1.3.2:  (I have attached a copy also.)
> >
> > NRS116.31087 provides that if the executive board receives a written
> > complaint from a unit owner alleging that the executive board has
> > violated any provision of NRS116 or any provision of the governing
> > documents, the executive board shall upon the written request of the
> > unit owner place the subject of the complaint on the agenda of the next
> > regularly scheduled meeting of the executive board.
> >
> > A unit owner who believes that the board has violated any provision of
> > NRS116 or of the governing documents may submit a written complaint by
> > signed letter to the Executive Director by mail or by presenting it at
> > the Administrative Offices at Mountain Shadows. [at the present time the SCSCAI does not have an ED]
> >
> > The complaint should clearly state what section of law or of the
> > governing documents has allegedly been violated.  If the unit owner is
> > not able to specify a specific section of law or of the governing
> > documents, the letter should state as clearly as possible what violation
> > is alleged.
> >
> > The Executive Director will acknowledge within 10 business days the
> > receipt of such a complaint and if the original letter did not request
> > that the item be placed on the agenda, the unit owner will be advised
> > that they may submit a written request that the subject of the complaint
> > be placed on the agenda of the next regularly scheduled meeting of the
> > executive board.
> >
> > When an item is placed on the agenda of a meeting of the executive board
> > the unit owner need not be present at such meeting.  The board may
> > request oral input from the unit owner but is not required to do so.
> > The unit owner may decline to provide oral input.  Any allegation that
> > is not indicated in the written complaint cannot be discussed at the
> > meeting.   If the board requires additional information, the board will
> > request it through the Executive Director.
> >
> > The deadline for submission to the board for the next regularly
> > scheduled meeting is five (5) working days before the date of the
> > meeting.  Requests received after that time will be deferred until the
> > next regularly scheduled board meeting.
> >
> > The disposition of the complaint will be determined by the Board.
> >
> > Therefore, I want to provide you the necessary guidelines so that you
> > can present your complaint in writing if you would like to be on a
> > future Agenda.  Although there is not an Executive Director at this
> > time, your written letter stating your complaint and what section of the
> > law or governing documents that the Board violated, will be responded to
> > and you will be placed on the next Agenda following the date of your
> > letter.  Please note the five (5) working day time frame for notice so
> > it doesn't miss any deadline to be placed on the Agenda.  Additionally,
> > you do not have to be present at the Board meeting; however, the Board
> > may have other questions for you on or before the meeting that your
> > complaint is placed on the Agenda.  If that is the case, I will get
> > those questions to you so that you can respond accordingly.
> >
> > This is the  <
> > guideline that every resident has followed prior to their complaint
> > being placed on the Agenda so that everyone is treated equally.  If you
> > have any questions regarding this format, please contact me.
> >
> > Sincerely,
> >
> >
> > Lorin Martin
> > Executive Assistant
> > Sun City Summerlin Community Association, Inc.
> > 9107 Del Webb Blvd.
> > Las Vegas, NV  89134
> > Phone:  (702) 966-1408 begin_of_the_skype_highlighting              (702) 966-1408      end_of_the_skype_highlighting
> > Fax:  (702) 363-7752
> > Email:  lorinm@suncitylv.com
> >
> > CONFIDENTIALITY NOTICE:  This email contains private, privileged and
> > confidential information to the sender. The information therein is
> > solely for the use of the addressee. If your receipt of this
> > transmission has occurred as the result of an error, in such
> > circumstances, you are advised that you may not disclose, copy,
> > distribute or take any other action in reliance on the information
> > transmitted. Please notify the sender immediately by email and delete
> > all copies of this email, including the attachments, without reading
> > them or saving them to your computer or any attached storage device. If
> > you are the intended recipient, you will need to secure the contents
> > conforming to all applicable state and/or federal requirements related
> > to the privacy and confidentiality of such information, including the
> > HIPPA Privacy guidelines.
> >
> >
> > -----Original Message-----
> > From: sc041644@cox.net
> > Sent: Friday, January 28, 2011 6:51 AM
> > To: dwsteinman@cox.net ; ebachman@embarqmail.com ; bcook@suncitylv.com ;
> >
> > Frank Beers ; jim2000flynnsc@aol.com ; levasseur07@cox.net ;
> > kcaroccia@cox.net ; jpocon@cox.net ; scscullen@cox.net
> > Subject: RE: BOD February 15th Meeting - from Stephen Commander
> >
> > "SB 182 (19) provides that when the executive board receives a written
> > complaint from an owner
> > alleging that the board has violated NRS 116 or the governing documents,
> > the
> > board shall
> > acknowledge receipt of the complaint within 10 days. The board shall
> > also
> > notify the owner that
> > he or she may make a written request to place the subject of the
> > complaint
> > on the agenda of the
> > next board meeting. (NRS 116.31087) (Eff.10/1/09)"
> >
> > Based on the above, is my request being put on the agenda, YES or NO?
> >
> > Stephen Commander
> >
> > ---- Frank Beers <fbeers@cox.net> wrote:
> > > What business?
> > >
> > > Frank Beers
> > > fbeers@cox.net
> > >
> > >
> > >
> > >
> > > -----Original Message-----
> > > From: sc041644@cox.net [mailto:sc041644@cox.net]
> > > Sent: Thursday, January 27, 2011 2:33 PM
> > > To: ebachman@embarqmail.com; dwsteinman@cox.net; bcook@suncitylv.com;
> > > Frank
> > > Beers; jim2000flynnsc@aol.com; levasseur07@cox.net; kcaroccia@cox.net;
> > > jpocon@cox.net; scscullen@cox.net
> > > Subject: RE: BOD February 15th Meeting - from Stephen Commander
> > >
> > > Frank
> > >
> > > I believe this is a Board issue unless it is ok with the BOD for ALL
> > > residents to do solicitations and 'run' a business under the banner of
> > the
> > > SCSCAI. What do you think?
> > >
> > > Steve Commander
> > >
> > > ---- Frank Beers <fbeers@cox.net> wrote:
> > > > Steve,
> > > >
> > > > Why not ask Stan instead of making a board issue out of it. [Why ask Stan]
> > > >
> > > > Frank Beers [one of the signers of the Blackmail/Extortion letter sent to BoD]
> > > > fbeers@cox.net
> > > >



> > > >
> > > >
> > > >
> > > > -----Original Message-----
> > > > From: sc041644@cox.net [mailto:sc041644@cox.net], [this suggest that Stan Bjonerud is is involved with all correspondence to the BoD]
> > > > Sent: Thursday, January 27, 2011 10:42 AM
> > > > To: scscullen@cox.net; kcaroccia@cox.net; dwsteinman@cox.net;
> > > > fbeers@cox.net; jpocon@cox.net; bcook@suncitylv.com;
> > > > levasseur07@cox.net;
> > > > ebachman@embarqmail.com; jim2000flynnsc@aol.com
> > > > Subject: BOD February 15th Meeting - from Stephen Commander
> > > >
> > > > BOD
The
following email was received by me and many other residents of Sun
City. Previous emails on this same subject has also been sent to
numerous

> > > > residents. It appears to us that solicitation and 'running' of a business is
> > > > been done within the SCSCAI. We believe this is against our rules.
> > > > Therefore, I herein request this matter be placed on the agenda for the
> > > > February 15th BOD meeting. Kindly advise asap about this request.
> > > >
> > > > Thank you.  Stephen Commander
> > > >
> > > > From: "Stan" <sbj4@cox.net>
> > > > To: "Stan Bjonerud" <sbj4@cox.net> [involved with the Blackmail/Extortion letter sent to BoD]
> > > > Subject: Concerned citizens [non registered political party]
> > > > Date: Thu, 27 Jan 2011 06:20:51 -0800
> > > >
> > > > Good news and bad news on our Hamburger and Politics event.
> > > >
> > > > Due to an inadvertent mix-up  with the printer, as I was away on a
> > > > cruise, [what an excuse]
> > >
> > > > the Concerned Citizens printed about 1,000 too many Flyers mailed to [$500.00 cost][NO ACCOUNTABILITY/FOLLOW THE MONEY][non registered political party]
> > > > non-Nevada residents and some selected homeowners for this year's
> > > > election campaign. [the Mail list had to come from SCSCAI files, this involves the BoD & Management]
> > > >
> > > > Good news - we mailed a total of 3,250 Flyers.[use of US Mail @ $1320.00by a non registered political party]
> > > > Bad news - we are short about $500 in the Concerned Citizens
> > > > account.
> > > >
> > > > Any contributions will be gratefully accepted. Make checks to
> > > > Concerned Citizens and mail to: [use of US Mail and brings up the question of compliance of Election rules by a non registered political party]
> > > >
> > > > Stan Bjonerud,
> > > > 10433 Button Willow,
> > > > LV, NV 89134.
> > > >
> > > > Many thanks, Stan
> > > >
> > >
> >
> >
> > **************************************************************************************
> > CONFIDENTIALITY NOTICE:This e-mail contains private, privileged [this
notice suggest Stan believes that he is covering his ass, NOTE: this
Confidentiality Notice has be copyed from the SCSCAI emails]

> > and confidential information belonging to the sender. The information
> > therein is solely for the use of the addressee.  If your receipt of this
> > transmission has occurred as the result of an error, in such
> > circumstances, you are advised that you may not disclose, copy,
> > distribute or take any other action in reliance on the information
> > transmitted.
> > **************************************************************************************


Showing newest posts with label Letters to the Board. Show older posts
Showing newest posts with label Letters to the Board. Show older posts

Monday, January 17, 2011

Re: January 12, 2011 - RESIDENT FORM MEET THE CANDIDATE MEETING

Mr. Wagner, maybe my comments in blue might clarify the intentions of my correspondence. My main concerns is the dysfunctional leadership due to the growing Voter apathy; apathy is a direct result of a small political group taking control of our HOA by dominating the committee's, therefore, gaining control of our management, communications, finances and elections.

I would hope you will keep an open mind and remember the homeowner is the solution, not a small political group.

Dwain A. Kramzar
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting

On Mon, Jan 17, 2011 at 10:32 AM, Fred Wagner <fawagner@cox.net> wrote:
Mr. Kramzer :
I have reviewed your letter and the embedded correspondence and have the following comments :
1. Regarding the issues you raised in January 2009, I believe the response and advise provided in Mr. Barry Goldman's letter to you dated January 28, 2009, was and is appropriate and complete.  The Election Committee exercises no control over either the Resident's Forum or the Board of Directors or any action / inaction they take. [Fred, I was not seeking advice from Mr. Goldman and I Did not ask the Election Committee to exercises controls over the Resident Form or the Board or ask for any action / interaction to be taken. Fred, the letter I sent to Mr. Goldman was to go on the written record establishing the concerns I expressed at the Candidates Orientation meeting. The question I had at that time was, "would these Meet the Candidates meetings be used for picking a slate of recommended Candidates"?  Mr. Goldman's answer was "absolutely not" however individually a person could express their own choice; I have no problem with people thinking for themselves.]
2. The Election Committee's relationship with the Resident's Forum and the 'Meet the Candidates' night has evolved over time from 3 meetings to only one this year.  These changes were taken after thoughtful consideration.  If you have a desire to change the format of either the issues controlled by the Election Committee or the Residents Forum, then I would recommend you submit your name to either group to join them and participate. [This relationship isn't the issue, the conduct of the leadership of the Residents Form is!]
3. I am puzzled as to the source of the section of the "Master By-Laws" you highlighted below.  The latest approved Bylaws are dated December 1, 2010 and a copy of the approved version was included in the Link.  I looked through both the 12/1/10 version of the Bylaws and the Rules and Regulations as posted on our web site and was unsuccessful in locating your citation.  Be that as it may and having attended the Resident's Forum Meet the Candidates night on 1/12/11,  I do not agree with you that the "rights and privileges of other Association members" were jeopardized. [Maybe I can solve this puzzle, the Master Bylaws, 2.3 Privileges and Rights (02/03/09) states: (c) No member or group of members, whether or not sponsored by a chartered club, or any other person or persons, shall so  conduct themselves in or on Association property so as to jeopardize the rights and privileges of other Association members, their guests or any other person or persons, referenced in the Tuesday, February 02, 2010  Complaints to the Board correspondence, is it possible that this is why section (c) was deleted from the December 1, 2010 version?. Fred, this conversation would not have been necessary if the McCanna/Bjonerud group would have been held accountable in the past.]

Dwain...  I'm only a volunteer homeowner charged with chairing the Election Committee in accordance with the Bylaws. [The Board is responsible to uphold our Bylaws also as I pointed out to them in my  Complaints to the Board, complaint #3 dealing with Electoral fraud. The Board chose to ignore this formal complaint therefore violating all of Sun City's home-owners rights and are in violation of the Master By-Laws, NRS 116 and Federal Laws.]  I have no power to rectify your concerns. Join the Residents Forum and participate in their planning for future 'Meet the Candidates' nights. [I didn't ask you to rectify anything, I only wanted to point out the past in order to make it possible to attract Candidates for the Board in the future. who in their right mind would be a candidate when subjected to ridicule and Blackmail/Extortion.]

Fred Wagner

----- Original Message -----
Sent: Thursday, January 13, 2011 11:21 PM
Subject: January 12, 2011 - RESIDENT FORM MEET THE CANDIDATE MEETING

Mr. Wagner, Election Committee,
Our community's Election Process was seriously damaged at the Resident Form "Meet the Candidate Meeting" last Wednesday. This could have been avoided if the McCanna/Bjonerud group would have been held accountable in the past. On January 26, 2009 I brought  to the attention of the Board the blatant case of Electioneering by a small group of residents in control of the Residents Form/Concerned Citizens and publications The Sun City News You Can Use/The Village Voice and the use of US Mail to attempt to win votes in an election by being insincere, unscrupulous and slanderous against their fellow neighbors. These blatant acts are in direct violations of our governing documents that the Board has the responsibility to uphold.  Again on Wednesday, October 14, 2009 I registered three Complaints to the Board, complaint #3 dealing with Electoral fraud. The Board chose to ignore this formal complaint therefore violating all of Sun City's home-owners rights and are in violation of the Master By-Laws, NRS 116 and Federal Laws.
Tuesday, February 02, 2010
9:06 AM
(c) No member or group of members, whether or not sponsored by a chartered club, or any other person or persons, shall so conduct themselves in or on Association property so as to jeopardize the rights and privileges of other Association members, 
Fred, these violations against the homeowners must be rectified thats why I am bringing this matter to your attention. If in the future I can be of any assistance do not hesitate to give me a call.
Dwain A. Kramzar
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting
-------------------------------------------------------------------------------

From: Dwain Kramzar
[mailto:dKramzar@embarqmail.com]
Sent: Sunday, June 28, 2009 8:57 AM
To: RonW@SUNCITYLV.COM; Allan Baer/IT;
BobRobey@cox.net; 'Cook, Orin "Bud" '; dwsteinman@cox.net; Ken Caroccia;
Marilyn LeVasseur; Pat Cullen; Richard Post
Cc: Sun City Summerlin-Blog
Subject: ELECTIONEERING

Mr. Ron Winkle, ED
Mr. Richard Post, President
Board of Directors, Sun City Summerlin
On January 26, 2009 I sent a letter outlining a blatant case of ELECTIONEERING to Mr. Barry Goldman who chaired the Election Committee w/Cc: to the BoD (http://daksplace.blogspot.com/2009/01/electioneering.html). Mr. BarryGoldman promptly responded with a letter dated January 28, 2009 (http://daksplace.blogspot.com/2009/06/blog-post_21.html ) acknowledging receipt of my correspondence that states "the intention and purpose of this
correspondence is to go on written record...." I have Cc: this correspondence to the Board. Although the damage has already been done; it is President Post and the Board's responsibility to rectify this type of
conduct by replacing the Officers of the Residents Form this would send a loud message that this kind of conduct is not tolerated by any special interest group. As a Candidate and a homeowner of this Association I would appreciate a written response telling me how the Board will handle this matter. As of June 27, 2009 the Board has chosen to ignore the actions of a relatively small group that has gained control over our Sun City Committee's.
This cabal not only has control over who serves on committee's, but also through their position as officers of the Residents Form and two News Letters and a Chat Line that distorts Sun City information. They take it upon themselves to indorse political candidates and degrade the candidates they do not indorse. I realize the Board has D&O coverage; however Mr. Winkle has the professional responsibility to advise
the Board when there is a possible violation of State and Federal Laws including electioneering. The "Sun City News You Can Use" publication gathered their distribution list from sign up sheets at the Residents Form meetings, and then turned them over to a professional Email Marketing Company. The "Village Voice" on the other hand ditto's the Board and goes on to state it's not for debate of an issue-only the facts as the Editor sees them????
Please remove this cancer from our Sun City community,

Dwain Kramzar
2624 High Range Dr.
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting



--
Dwain A. Kramzar
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting


Friday, December 17, 2010

"RESIDENT FORM" MEET THE CANDIDATE QUESTION

TO CANDIDATES: LeVasseur, Cullen, Bachman, Cook, Beers  

QUESTION: If an investigation would implement you as an co-conspirator with the August 31, 2010 Blackmail/Extortion Letter sent to the SCSCAI Board

WOULD YOU WITHDRAW FROM THE 2011 SCSCAI ELECTION PROCESS? - YES or NO

Dwain A. Kramzar - Resident Home-owner


Monday, December 6, 2010

SCSCAI 12/6/2010 Board of Directors Meeting


In reference to Agenda Items six & seven:

Director, Ken Caroccia:
I attended todays Board meeting as an interested home-owner in our Sun City community. As you know I was a candidate for the Board in the past. Let me assure you I never had any ambitions to be involved in SCSCAI politics, this was the only choice I had to focus attention on the unconventional business practices under the direction of past Management.
   
Ken, it's my understanding that a committee that you head up is in charge of straighting out this mess. I would like to bring to your attention a couple of background items leading up to the Summit Restaurant lease arrangement. First of all my forty-five year business background included leases with Bars & Restaurants among other activities.

  1. During search time for a quality lease operator for the Summit Restaurant I was made aware that a top Brand  restaurant operator showed interest in the Summit property and contacted Joe Kelley (SCSCAI Business Manager), Joe Kelley would not give him the courtesy of a  return the phone call.
  2. Prior to the Chef's Pantry I was given a draft of their lease for my review, there are no delicate words to describe this incompetent wordy document, what is more problematic, is who in their right mind would sign such a lease? This business arrangement was doomed to fail from the start.

  Ken, if you need any verification of the above or if I can be of any assistance to you do not hesitate to give me a call.

Dwain Kramzar
2624 High Range Dr
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting

Thursday, August 19, 2010

SCSCAI Property Rights Crisis

SCSCAI Property Rights Crisis
Thursday, August 19, 2010
10:42 AM
Dear Sun City Neighbor,

 I have owned residential property in Sun City Summerlin for more than twelve years expecting  a friendly retirement lifestyle with common sense governance as described in our governing documents.  SCSCAI Board of Directors and Management use these governing documents as a shield against the membership, contrary to YOUR RIGHTS AS A PROPERTY OWNER that is described in a publication  A BILL OF RIGHTS FOR HOMEOWNERS IN RESIDENTIAL COMMUNITY ASSOCIATIONS. by Lois Pratt, Ph.D. and Samuel Pratt, Ph.D.

During these twelve years, I have sent thirty-four LETTERS TO THE BOARD outlining the many concerns that affect the SCSCAI memberships lifestyle, safety and financial welfare; only to be ignored much like many other resident members.  At the 8/16/2010 Board meeting Mr. Stienman was asked if the Board shares Mr. Winkell's position, the answer was the BoD's overwhelming silence, It was obvious that  the Board share Mr. Winkel's position that the CC&R's relieve any responsibility of SCSCAI for the health and welfare of this HOA members. This is inconceivable, I believe that health and welfare is a major responsibility of  any elected Board of Directors. My understanding of governing documents, which includes the CC&R's, is to protect the homeowners lifestyle, health, welfare and community standards, not to shield Boards and management from their responsibilities.

PROTECT YOUR COMMUNITY: Conditions will only get worse not better without competent, honest Management and Oversight. I believe it is every SCSCAI members has a responsibility to contact every elected Board of Director and demand that be accountable to all the membership. Remember SCSCAI is a residential retirement community, not a Real Estate Investment Enterprise controlled by a handful representing their Investors welfare.  

If you have any questions, do not hesitate to contact me, please forward to your friends & neighbors.

Dwain A. Kramzar- a retired resident,  not a Investor

702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting
DKramzar@embarqmail.com  


Created with Microsoft Office OneNote 2007
One place for all your notes and information

8/16/10 SCSCAI Board Meeting

Response-
8/16/10 SCSCAI Board Meeting
Tuesday, August 17, 2010
8:53 AM
Mr. David Steinman, President
Sun City Summerlin Community Association Inc.

Mr. Steinman, as stated in my statement at the BoD meeting yesterday, "I want to make one thing perfectly clear, I am not asking for anything more or less than what is described in Nevada Law and our governing documents. I am asking SCSCAI to rectify this situation before I replace my leaking roof due to the over abundant errant golf balls striking my property causing excessive damage to the roof tile, stucco and personal injury" SCSCAI is responsible for this problem, therefore they are the only one that can rectify this problem.  Section 2 of this document is an aerial overview of the 4th fairway on Highland Falls Golf Course that makes it clear to see why this problem exists and that Mr. Winkel's Golf Staff's recommendations were not a responsible solution.

By the BoD's overwhelming silence, under your leadership, It is obvious that you and the Board
share Mr. Winkel's position that the CC&R's relieve any responsibility of SCSCAI for the health and welfare of this HOA members. This is inconceivable, I believe that health and welfare is a major responsibility of  any elected Board of Directors. My understanding of governing documents, which includes the CC&R's, is to protect the homeowners health, welfare and community standards, not to shield Boards and management from their responsibilities.

It is irresponsible for these conditions to be ignored any longer. Just think how it will look when a serious injury happens.

Dwain A. Kramzar-member of SCSCAI
2624 High Range Dr.
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting
Section 2









Placement of T-boxes on 4th hole on Highland Falls. When lining up on Black or White T's points player in a direction that directly points to point (A) on map, 2624 High Range Dr. causing player to subconsciously  plant their feet in that direction, causing errant balls.

Blue Line = ideal line of flight.

Due to the narrow design of this fairway leaves little margin of error.

Trajectory  Screens are commonly used on golf courses with this type of problem




Created with Microsoft Office OneNote 2007
One place for all your notes and information

Monday, August 16, 2010

8/16/10 SCSCAI Board Meeting

8/16/10 SCSCAI Board Meeting
Sunday, August 15, 2010
4:05 PM
    Good morning, my name is Dwain Kramzar, I live at 2624 High Range Dr.
    I request a copy of my statement interred into the minutes of this meeting.
    Mr. Stienman, I am addressing the Board today regarding a matter brought to the attention of Mr. Winkel by registered mail Tuesday June 29, 2010. I sent a copy by email to the SCSCAI Board of Directors, David Steinman-President, outlining my concerns regarding the over abundant errant golf balls striking my property causing excessive damage to the roof tile, stucco and personal bodily injury; also interfering with the free use of my property.
    Mr. Winkel acknowledged my certified letter July 6, 2010. Mr. Winkel stated that he will have the golf staff evaluate my input and provide a reply once they are done. July 14, 2010 Mr. Winkel sent a follow up letter that stated;
  1. The Golf staff did review your letter and looked at the hole in question. There are already bushes behind your home encouraging golfers to not hit to your side of the fairway. ( For your information the Golf staff did not contact me or make any attempt to evaluate the seriousness of the problem.)
  2. The only suggestion they have is that additional trees may help to block balls. To be effective, these trees would have to be planted probably behind the neighboring homes south of your home. However, to plant any new trees there, those homeowners would have to agree to the planting as it would hinder their views behind their home.
  3. Another option is to consider installing some type of netting. ????  If you are interested in installing netting, please be sure to get your plans approved by the ARC so that it would meet restrictions that are in place regarding netting.
  4. Mr. Winkel concluded by again referring to the CC&R's Article IV, section 4, golf balls are not susceptible of being easily controlled and may land outside the boundary of the golf course. Mr.
    Winkel's attitude is that the CC&R's relieve any responsibility of SCSCAI for the health and welfare of this HOA's members, this is debatable.  
    Mr. Steinman, I want to make one thing perfectly clear, I am not asking for anything more or less than what is described in Nevada Law and our governing documents. I am asking SCSCAI to rectify this situation before I replace my leaking roof due to the over abundant errant golf balls striking my property causing excessive damage to the roof tile, stucco and personal injury.
    QUESTION:
  5. Mr. Stienman, would it be logical to spend $5000 - 15,000 for repairs without eliminating the cause of the problem?
  6. Mr. Stienman, is this a neighborly way of handling such a grave situation?
  7. Mr. Stienman, does the Board share Mr. Winkel's position in this matter?

Created with Microsoft Office OneNote 2007
One place for all your notes and information

Monday, July 26, 2010

Errant Golf Balls/responce7/14/2010

Errant Golf Balls/response of 7/14/2010
Monday, July 26, 2010
8:07 AM
Mr. Ron Winkel,
Executive Director, SCSCAI
Board of Directors, David Steinman-President
9107 Del Webb Blvd.
Las Vegas, NV 89134

Dear Mr. Winkel,

I am disappointed that you and the Board chose not to acknowledge the hazards to our property and personal safety caused by the excessive amount of errant golf balls; the only response offered was being referenced to Article IV, section 4, Paragraph B, Disclaimer Applicable to Golf Course as in the CC&Rs, the same approach used in the Ivans and Unseitig  settlement. According to your July 14th response to my request by  Registered Mail, in order to have a written record of SCSCAI's intentions or lack of intentions regarding damages to my property, you directed your Golf staff to review my letter and look at the hole in question. For your information the Golf staff did not contact me or make any attempt to evaluate the seriousness of the problem.

Mr. Winkel, you are correct, I am aware of Article IV, section 4, Paragraph B, Disclaimer Applicable to Golf Course as in the CC&Rs,  Disclaimer Applicable to Golf Course  (iii) golf balls are not susceptible of being easily controlled and accordingly may land of strike beyond the golf course boundaries; also as stated in my correspondence Tuesday, June 29, 2010;

 I am also aware that NRS40.140(1)(a) defines Nuisance as:

Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property…. Is a nuisance, and the subject of an action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.

Furthermore, I stated that I wanted to make one thing perfectly clear, I am not asking for anything more or less than what is described in Nevada Law and our governing documents. I am asking SCSCAI to rectify this situation before I replace my leaking roof due to the over abundant errant golf balls striking my property causing excessive damage to the roof tile, stucco and personal injury. At this time, unless the Board of Directors under your guidance provides me with a letter advising me of some serious intention to correct this serious impediment to the safe use of my property, it will  leave me no choice but to seek relief from the courts. Believe me this is not what I originally had in mind.

I look forward to a prompt positive response by August 2, 2010.


Dwain A. Kramzar-Member #11629000



Cc: Board of Directors, Director of Golf


Created with Microsoft Office OneNote 2007
One place for all your notes and information

Thursday, July 1, 2010

Errant Golf Balls/reg.mail

Errant Golf Balls/reg.mail
Thursday, July 01, 2010
10:10 AM
Dwain A. Kramzar
2624 High Range Dr.
Sun City Summerlin
Las Vegas, NV 89134
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting


Mr. Ron Winkel,
Executive Director, SCSCAI
Board of Directors, David Steinman-President
9107 Del Webb Blvd.
Las Vegas, NV 89134

Dear Mr. Winkel,

Tuesday June 29, 2010 I sent an email to you and the SCSAI Board of Directors, David Steinman-President, outlining my concerns regarding the over abundant errant golf balls striking my property causing excessive damage to the roof tile, stucco and personal bodily injury; also interfering with the free use of my property. I also asked that SCSAI rectify the cause of these violations to my property before continuing on with the extensive repairs to roof, stucco and painting;  it would not be logical to make these repairs without eliminating the source of the problem.

I am sending this correspondence by Registered Mail in order to have a written record of SCSAI's intentions or lack of intentions in this matter. Your prompt reply would be greatly appreciated.


Sincerely,



Dwain A. Kramzar-Member #11629000
Cc: Board of Directors, Director of Golf


  

Tuesday, June 29, 2010

Errant Golf Balls

Errant Golf Balls
Tuesday, June 29, 2010
8:30 AM
Dwain A. Kramzar
2624 High Range Dr.
Sun City Summerlin
Las Vegas, NV 89134
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting


Mr. Ron Winkel,
Executive Director, SCSCAI
Board of Directors, David Steinman-President
9107 Del Webb Blvd.
Las Vegas, NV 89134

Dear Mr. Winkel,

It is my understanding a study of errant golf balls on Highland Falls Golf Course has been conducted without giving any considerations to hole #4. My home is located at 2624 High Range Dr. (150 yd marker on the 4th fairway). My neighbors and I have made the SCSAI, including  Mr. Steinman/President aware of the hazards to our property and personal safety; the only response offered was being referenced to Article IV, section 4, Paragraph B, Disclaimer Applicable to Golf Course as in the CC&Rs. When I purchased my property in 1997 I was made aware of the CC&Rs specifically  Disclaimer Applicable to Golf Course  (iii) golf balls are not susceptible of being easily controlled and accordingly my land of strike beyond the golf course boundaries;

I am also aware or NRS40.140(1)(a) defines Nuisance as:

Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property…. Is a nuisance, and the subject of an action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.

I want to make one thing perfectly clear, I am not asking for anything more or less than what is described in Nevada Law and our the governing documents. I am asking SCSAI to rectify this situation before I replace my leaking roof do to the over abundant errant golf balls striking my property causing excessive damage to the roof tile, stucco and personal injury.

Mr. Winkel, in the past my correspondences to you and the Board have been habitually ignored. I would suggest we address these maters and move on as soon a possible. If you have any questions do not hesitate to contact me.

Dwain A. Kramzar
  



Created with Microsoft Office OneNote 2007
One place for all your notes and information

Friday, April 23, 2010

SCSCAI leadership, Cause & Effect

SCSCAI Board of Directors;

Ladies & Gentlemen,
When making preparation for the upcoming Golf Ad Hoc Marketing Committee Meeting I encountered problems understanding how committees are supposed to function in Sun City and needed clarification; I requested this information from several homeowners interested in the success of the Golf Ad Hoc Marketing Committee by my memo Need Clarification dated 4/21/10, received zero results. This led me to review the works of Irving Janis “Preventing groupthink” for an explanation how committees function (below). Please review my memo Need Clarification and give me your individual comments.

I believe you all know how concerned I am about the financial situation in Sun City Summerlin, as a homeowner, and I want to contribute to the solution. Do not hesitate to call on me.

Thank you for your consideration,


Dwain A. Kramzar   Retired HomeOwner
2624 High Range Dr.
Las Vegas, NV 89134

Groupthink
Thursday, April 22, 2010
10:22 AM
Symptoms of groupthink
To make groupthink testable, Irving Janis devised eight symptoms indicative of groupthink (1977).
Illusions of invulnerability creating excessive optimism and encouraging risk taking.

1.     Rationalizing warnings that might challenge the group's assumptions.
2.     Unquestioned belief in the morality of the group, causing members to ignore the consequences of their actions.
3.     Stereotyping those who are opposed to the group as weak, evil, biased, spiteful, disfigured, impotent, or stupid.
4.     Direct pressure to conform placed on any member who questions the group, couched in terms of "disloyalty".
5.     Self censorship of ideas that deviate from the apparent group consensus.
6.     Illusions of unanimity among group members, silence is viewed as agreement.
7.     Mind guards — self-appointed members who shield the group from dissenting information.

Groupthink, resulting from the symptoms listed above, results in defective decision making. That is, consensus-driven decisions are the result of the following practices of groupthinking[5]

·        Incomplete survey of alternatives
·        Incomplete survey of objectives
·        Failure to examine risks of preferred choice
·        Failure to reevaluate previously rejected alternatives
·        Poor information search
·        Selection bias in collecting information
·        Failure to work out contingency plans.

Janis argued that groupthink was responsible for the Bay of Pigs 'fiasco' and other major examples of faulty decision-making. The UK bank Northern Rock, before its nationalisation, is thought to be a recent major example of groupthink.[5] In such real-world examples, a number of the above groupthink symptoms were displayed.



Preventing groupthink
According to Irving Janis, decision making groups are not necessarily destined to groupthink. He devised seven ways of preventing groupthink (209-15):

·        Leaders should assign each member the role of “critical evaluator”. This allows each member to freely air objections and doubts.
·        Higher-ups should not express an opinion when assigning a task to a group.
·        The organization should set up several independent groups, working on the same problem.
·        All effective alternatives should be examined.
·        Each member should discuss the group's ideas with trusted people outside of the group.
·        The group should invite outside experts into meetings. Group members should be allowed to discuss with and question the outside experts.
·        At least one group member should be assigned the role of Devil's advocate. This should be a different person for each meeting.

By following these guidelines, groupthink can be avoided. After the Bay of Pigs invasion fiasco, John F. Kennedy sought to avoid groupthink during the Cuban Missile Crisis.[6] During meetings, he invited outside experts to share their viewpoints, and allowed group members to question them carefully. He also encouraged group members to discuss possible solutions with trusted members within their separate departments, and he even divided the group up into various sub-groups, to partially break the group cohesion. JFK was deliberately absent from the meetings, so as to avoid pressing his own opinion. Ultimately, the Cuban missile crisis was resolved peacefully, thanks in part to these measures.




Created with Microsoft Office OneNote 2007
One place for all your notes and information

Tuesday, April 13, 2010

RE: GOLF MARKETING/PROMOTION AD-HOC COMMITTEE 4/8/10

Bob, how refreshing, in the 12 years I have lived in this HOA you are the second elected director that displays the willingness to listen to the resident home-owners. FYI my background is somewhat different that most folks in our community I did not come from a corporate mentality, by that I mean my company and I was responsible to my family and various regulatory agencies only. My style of management was common sense observation and to look for the questions that need to be asked. My business discipline was guided by a monthly P&L rather that a yearly Budget, maybe this explains why I feel the need for an independent professional Business Plan and not try to invent a new wheel.

Yearly Budgets are a projection of hopeful numbers pertaining to revenues and expenses, sort of a “mark to market” approach in stating income values. Monthly P&L statements represent actual numbers needed in creating a basis for timely decision making.

Bob, as I stated in the past I did not retire to Nevada to become a politician or start a new career. Again, I want to offer you and our community my full support.

Dwain

From: BobdeDoelder@aol.com [mailto:BobdeDoelder@aol.com]
Sent: Monday, April 12, 2010 8:49 AM
To: DKramzar@embarqmail.com
Subject: Re: GOLF MARKETING/PROMOTION AD-HOC COMMITTEE 4/8/10

Dear Dwaine,  Thank you for your support.  I had always planned on seeking your opinions and suggestions and will do so when we formally begin the process of planning later in May after the Finance Committee and Board have concluded the current budget work.  Please stay tuned.  I look forward to talking one on one with you.  Bob

Friday, April 9, 2010

GOLF MARKETING/PROMOTION AD-HOC COMMITTEE 4/8/10

Mr. de Doelder,
I am glad to see you have been appointed to the Finance Committee and the Golf Ad-Hoc Committees. Bob, you have the opportunity to bring a fresh uncontaminated approach to the financial problems facing our Sun City community. As you know, I have been very vocal regarding the reluctance of the past Board of Directors and Management to produce or acknowledge a standard Business Plan. A Business Plan is the foundation with eight essential elements placed on top, one of these elements being Marketing & Sales Management, no foundation no plan!

August 17, 2009 I petitioned the Board for the implantation of a Standard Business Plan, complete with a monthly P&L w/hard close and Balance Statement that is mandatory business procedure. There has been a reluctance to produce a Business Plan by the BoD in the past, this includes the Executive Director (a nonvoting member of the Board). Due to the lack of professional guidance by the Executive Director, this has cost our Sun City Community over $6,575.00 per day for a total exceeding $12,000,000.

My reason for attending the “GOLF MARKETING/PROMOTION AD-HOC COMMITTEE” meeting was 1.) to see if the new BoD’s were to honor the campaign commitment for a Business Plan. 2.) if so, offer to contribute whatever I could to the project.

Bob, the above LINKS to my blog will fully state my positions on these matters, by the way the past BoD’s chose to ignore most of my correspondence. If I can be of any assistance to you and our community do not hesitate to call on me.

Dwain Kramzar
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting

Friday, February 12, 2010

Business Operations Manager, Joe Kelley

Sun City 9'ers
Friday, February 12, 2010
8:16 AM
Mr. Tony Chiodini, President, Sun City 9'ers;

My name is Dwain Kramzar, I am a fellow 9'er and a Candidate for the Sun City Board. Thursday February 11,2010 I attended the 9'ers luncheon meeting where  Business Operations Manager, Joe Kelley gave a talk encouraging the attendees not to vote for four candidates that he stated were against the golfers. I confronted Mr. Kelley by asking "who are these four Candidates and was he referring to me?" Mr. Kelley would not reply and ended his talk shortly after. For the record; I am pro Sun City, I am pro golf, I live on Highland Falls golf course and I have blogged my positions regarding Sun City Summerlin for all to view; all I ask is to use Common Sense and  think for your self. 

My criticism of Mr. Kelley's actions are not meant to reflect unfavorable on the 9'ers.  I believe a public apology is in order from Mr. Kelley for his meddling in our election process by his false accusations. I will Cc: this correspondence to Mr. Kelley and the Board for their review at the February16th Board meeting .

Dwain Kramzar - Homeowner/9'er/Common Sense Candidate
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting

Monday, February 8, 2010

Common Sense

Director Bob Robey;
Gary Teak is a friend of mine, he runs a BUSINESS CONSULTING SERVICES Company here in Las Vegas. I have attached A FEW REASONS WHY BUSINESS CAN FAIL copied from his web site. The Management Team for Sun City's Business score 12 out 15 reasons for failure; is it possible that the Board and Management Team are not capable to develop and implement plans to reach any goals and objectives to reduce the $2M yearly in LOSSES for our Sun City Business?

Dwain Kramzar
702.838.5049 begin_of_the_skype_highlighting              702.838.5049      end_of_the_skype_highlighting


SMALL BUSINESS CONSULTING SERVICES

We understand the special needs of the small to medium size businesses and the unique problems they are faced with.  The small business owner typically is so involved in the day-to-day operations, spending the vast majority of his/her time "firefighting", securing new customers, working with existing customers, ordering materials/supplies and just generally operating in "Crisis Mode", preventing them from being able to develop and implement any plans they may have to reach their goals and objectives.

We provide business guidance and direction to improve all aspects of the clients' business.  We have the ability to provide: 
Management Coaching, Business Planning, Development of Key Performance Indicatiors, Project Analysis, Business Review, Supply Chain OptimizationEmployeeMentoring, Ownership Mentoring, and Workflow Analysis.

We are sensitive to the fact that each business is unique thus, we develop a tailored plan for your particular company and situation.  We are here to assist you with your individual needs, which may be as much or as little as you desire.  Spend a few minutes gathering your thoughts and then 
Contact Usto see how we can be of assistance.  If we feel we cannot help you in your particular situation, we will be more than happy to refer you to someone who can.  Our first priority is to see you succeed!

Our consultants have experience in both the private and publicly traded sectors resulting in supplying you with broadly experienced professionals and not just information compilers.  Our goal is to make you successful which will result in the success fo our company!

A FEW REASONS WHY BUSINESS CAN FAIL


   •  Failure to have a business plan.   
   •  Failure to communicate and implement the business plan.

   •  Management team lacks the necessay leadership and business skills required.
   •  Lack of understanding of the competition.
   •  Refusal to change as the business environment changes.
   •  Employee base does not understand their individual roles and job expectations.
   •  Poor customer service.
   •  Lack of understanding of the customer needs.
   •  Poor quality products.
   •  Lack of understanding of the real costs of the services and/or product you provide.
   •  Failure to negotiate the best possible purchase price of supplies and materials.
   •  Losing control of the organization due to continued operation within the Crisis 
       Mode.

   •  Excessive overhead costs.
   •  Failure to establish employee goals and objectives.
   •  Rate of growth of the business is exceeding the ability of the management
       team to keep up with the pace.



If you are experiencing any of these situations, please give us a call to discover how GWT Business Consulting will work with you to resolve these issues allowing you the ability to grow your business into a efficient, profitable entity.


Don, per your message copied below, sans any strings.
The reason I keep track of the records published by the Sun City SCAI on their
website is really quite simple.
I attempt to enlighten our readers on the fact that there is a very defined pattern
of presenting financial data in an attempt to deceive the members of this
association.  We are being "flynnflammed" and when final exposure becomes apparent
there is always Sheila McCanna to espouse how fortunate we are to live in this
community with such low membership dues.  
I am anything but a prophet, but it is clear that at some point when the annual losses
as I have shown, reach a point of lets say $500 per year for each member, and that
could easily be at the end of FY 2013, or sooner, the hardships created will be
humongous.
The more our members recognize this now, the greater the possibility that they will
see through the false information spread by real estate agent Sheila McCanna
and her cohort, Stan Bjonerud.   Do you remember that when I was a candidate last
year she claimed that my estimate of losses of $2,000,000 for FY 2010 for the items
I had specified was a MYTH.   When actual losses were shown they were well above
$2,000,000.   That certainly diminishes her credibility as far as I'm concerned.
As is, because of this current Board's performance, if I didn't own a home and
discovered what the conditions are here, I wouldn't give this community a
second thought.
Bernard Silver
==============================================================
  DON GELBMAN WROTE:

Bernie:
This is a long string and the reason I am replying is to check out the
SCOOP and BUZZ web site.  They have evidently changed the way you read
messages and since I read and reply on line it has made it very
difficult to follow the strings.  For example I replied to initial
message but it is not in this string.  Your message comes to my email
address so I am using this to see what happens.

As for your message, you have always been correct on the numbers but why
you think beating a dead horse will do any good escapes me.  When you
have 5 Directors who did what they did Monday, even if they had a
legitimate business reason for doing it which they did not, this
community will continue to suffer from the absolute lack of leadership
aided and abetted by "their" legal counsel.  I know what the 5 were
doing and why.  I also know that the members give them that power so if
anyone is unhappy they better get together and do something about it
either this election or a recall effort.  If they keep a majority of the
Board nothing will change.  If I get elected the process that this Board
uses to intimidate all Directors will change.
Don Gelbman

Bernard Silver
John:
Now that I have finally figured out how to keep up to date on the chat lines I would like to comment. Yes Bob has been hitting the negative button very hard but I don't believe your conclusion is accurate. He is and has always been talking about what WILL happen if we don't change our ways of governing. He will do everything in his power to get the message out and that is not being negative on Sun City Summerlin.

Speaking for myself (and I am sure Bob also) I have the same feelings you have. This is the greatest commuinity in the greatest city for retirees. I wouldn't want to live anywhere else and with a little luck will never have to.
Don Gelbman

--- In SCBuzz@yahoogroups.com, "John C. Thompson" wrote:
>
> Bob,
> You seem to have a continuous negative attitude toward SCSummerlin.
> Why be so pessimistic? I recognize we have problems, but I still love
> our home and life here in SCS, and wouldn't trade it for anything.
> John T.
>
> On Feb 8, 2011, at 10:54 PM, BobEmInc@... wrote:
>
> > SCSCAI once had a welcoming wagon - - - do they still???
> >
> > If they did they would possibly receive a flyer updating them on
> > the fine SCSCAI
> > benefits - - - some of those as follows:
> >
> > * You will receive orders as a resident to pay for golf - - even
> > if you do not play!
> >
> > * You may receive a SCSCAI financial report stating how past
> > losses have been
> > possibly reduced by several million - - -and be happy - - -
> > only to find out that
> > SCSCAI is still in the red for millions!
> >
> > * You may even get the chance to meet the Board President - - -
> > a possible
> > Dictator, who with hundreds of the fine SCSCAI seniors ar a
> > recent meeting
> > literally demanding a vote on a serious issue, only to see
> > the President, known
> > by some as the Dictator - - -to almost force the Board
> > majority to vote against
> > what the residents clearly indicated they wanted!
> >
> > * You will get the chance for a side show, this being when
> > there is an important
> > Board meeting, and the Dictator does not have answers, she
> > brings in an
> > attorney to sit beside her, to act like a puppet and respond
> > to the questions that
> > are presented to the Dictator!
> >
> > * You will get the chance to see what may be an issue for
> > believe it or not! With
> > the golf program in SCSCAI showing that near 94% of the
> > community never step
> > on the three courses, some ask what is the golf play
> > breakdown for the three
> > courses? This is where the issue for believe or not steps
> > in - - -with the Eagle
> > Crest course, with its large expense, only having near one
> > and one half per cent
> > of SCSCAI using that course. The believe it or not issue
> > is that SCSCAI
> > keeps the course open with so few using the facility, this
> > causing those large
> > financial losses to escalate. Lets all realize that those
> > few SCSCAI golfers,
> > if the course was closed, would still have two other fine
> > courses to play golf.
> > Who ever heard of spending millions every year on a golf
> > course that has less
> > play then many courses across this country that were closed
> > with significantly
> > more play then the Eagle Crest course. Add to this the
> > statements at
> > meetings by the developer Execs, that Eagle Crest was only
> > built to sell the
> > 1,400 homes on the west side of Lake Mead Blvd, and not
> > should, but must be
> > closed - - - and this from Del Webb!
> >
> > * If an accountant you will see of these past years, there
> > being change after
> > change in the golf accounting, this in an attempt to hide the
> > millions in losses.
> >
> > * You will be part of an HOA that has seen the Board file a
> > court case, asking the
> > court to allow SCSCAI Management to act outside State law.
> > Now what Judge
> > will allow a HOA to act outside the law? That case which
> > cost the residents
> > several thousand, was thrown out in the street along with the
> > SCSCAI Board and
> > their attorney!
> >
> > * You will be in what some, this being the very few, who state
> > the finances are fine
> > yet those same few behind illegal closed doors, in secret
> > Board meetings, voted
> > both to have a gross SCSCAI assessment of near $6,000,000,
> > not only outside
> > the governing documents, but at those secret meetings decided
> > not to allow the
> > residents to vote on the assessment as called for in the
> > governing documents.
> >
> > * If you are not satisfied with the Board or simply want to
> > take over the
> > community, that is allowed, as long as you receive enough
> > Board votes to kick
> > out the President. To do this you can disregard the State
> > and SCSCAI
> > guidelines, as required, and not present the President with
> > proper written
> > charges, therefore not giving the President removed a chance
> > to properly defend
> > himself - - - -this in SCSCAI is labeled the reverse fairness
> > program - - -meaning
> > that the Board Officer being removed is guilty, before and
> > without any proper
> > defense.
> >
> > * SCSCAI is one of the only HOAS in which experievce is used to
> > have residents
> > with that experience fill Board vacancies - - - even if those
> > chosen while on the
> > Board, opted to be part of secret illegal Board meetings, and
> > no doubt would
> > again act in the same way!
> >
> > * Becoming a SCSCAI Board member may have some gains that are
> > possibly not
> > seen in your average homeowner association. What I refer to
> > was when a past
> > Board President, being seen gambling in casinos, possibly
> > found a way to fuel
> > his habit - - -how??? By twice taking funds in the
> > thousands from resident
> > funds, but thank goodness he was caught - - and what was the
> > penalty??? The
> > then Board at two hearings related to those thefts, stated he
> > was their friend and
> > he can keep what was stolen. How were those dollars taken
> > covered, possibly
> > by an increase in the annual fee for all residents soon after.
> >
> > The advantages in becoming a SCSCAI resident have many more issues
> > that possibly are not available in other HOAS, but how long can a
> > list I write. Who votes for and confirms the allowance of such
> > advantages - - - why the Board, even if residents in the far
> > majority indicate their displeasure with what is being passed.
> >
> > As far as competition with other HOAS, SCSCAI wins hands down.
> > These facts are supported by writings in the Board archives,
> > including what has taken place at Board meetings, on the internet
> > etc. One example of why maybe you as a new resident may not wish
> > to be a member of the Board is as follows. One Board member, fully
> > making an effort to satisfy the community and the many seniors, was
> > chastised by the Board, by having the Board and its followers
> > initiate charges against that Board member seven times, each time
> > the Board losing the phoney case.
> >
> > Some ask how did SCSCAI get in the bad shape they are in??? Well
> > listen closely to this one. Recently the Executive Director left
> > his seven year position as the Executive Director, in his tenure
> > the financial losses grew faster then the years prior to his
> > tenure, resulting in the many millions in losses. Yet when he
> > left the
> > terrible SCSCAI Board granted that Executive Director an amount of
> > $128,000 - - - he possibly seen laughing all the way to the
> > bank! Residents ask, that since he did such a poor financial
> > job, could that award have been to possibly keep him quiet to what
> > he knows????
> >
> > In closing, folks an out of hand HOA operation is possibly not what
> > any new homeowner looks for, but in Sun City Summerlin the facts
> > prove that this is that out of hand operation. Like I say there
> > are residents working day and night to meet this terrible
> > challenge, but allow me to give an update. One resident for many
> > years has to some extent been the leader to have SCSCAI possibly
> > run as he wanted, more then as it should - - - this proven of late
> > with a letter in which he was involved, many saying it was close to
> > being blackmail/extortion, but what made it worse, was that six of
> > those problem ex Board members agreed with the terrible approach,
> > and signed on to support the letter as stated, close to being
> > blackmail/extortion.
> >
> > A personal note: In my near 40 years in the HOA business, yes
> > there nave been other HOAS with similiar problems, even problems
> > that seemed impossible to work with - - - - but never have I or
> > those I worked with seen an HOA with so much to offer, have the few
> > on purpose literally ruling the many, to the extent that currently
> > have a President, who gained the Presidency with many questions,
> > now actually making decisions against what is best for the far
> > majority.
> >
> > Besides how this affects home purchases - - -how does it directly
> > affect resales - - - - - - - -being in the business, the results
> > have gone from an economy caused problem, to a Board caused almost
> > stoppage of several sales.
> >
> > Again my very best to the fine SCSCAI seniors - - - but we
> > need to wake up to
> > what is happening, caused by the few among us!
> >
> > Bob
> > Passmonick
Don, per your message copied below, sans any strings.
The reason I keep track of the records published by the Sun City SCAI on their
website is really quite simple.
I attempt to enlighten our readers on the fact that there is a very defined pattern
of presenting financial data in an attempt to deceive the members of this
association.  We are being "flynnflammed" and when final exposure becomes apparent
there is always Sheila McCanna to espouse how fortunate we are to live in this
community with such low membership dues.  
I am anything but a prophet, but it is clear that at some point when the annual losses
as I have shown, reach a point of lets say $500 per year for each member, and that
could easily be at the end of FY 2013, or sooner, the hardships created will be
humongous.
The more our members recognize this now, the greater the possibility that they will
see through the false information spread by real estate agent Sheila McCanna
and her cohort, Stan Bjonerud.   Do you remember that when I was a candidate last
year she claimed that my estimate of losses of $2,000,000 for FY 2010 for the items
I had specified was a MYTH.   When actual losses were shown they were well above
$2,000,000.   That certainly diminishes her credibility as far as I'm concerned.
As is, because of this current Board's performance, if I didn't own a home and
discovered what the conditions are here, I wouldn't give this community a
second thought.
Bernard Silver
==============================================================
  DON GELBMAN WROTE:

Bernie:
This is a long string and the reason I am replying is to check out the
SCOOP and BUZZ web site.  They have evidently changed the way you read
messages and since I read and reply on line it has made it very
difficult to follow the strings.  For example I replied to initial
message but it is not in this string.  Your message comes to my email
address so I am using this to see what happens.

As for your message, you have always been correct on the numbers but why
you think beating a dead horse will do any good escapes me.  When you
have 5 Directors who did what they did Monday, even if they had a
legitimate business reason for doing it which they did not, this
community will continue to suffer from the absolute lack of leadership
aided and abetted by "their" legal counsel.  I know what the 5 were
doing and why.  I also know that the members give them that power so if
anyone is unhappy they better get together and do something about it
either this election or a recall effort.  If they keep a majority of the
Board nothing will change.  If I get elected the process that this Board
uses to intimidate all Directors will change.
Don Gelbman

Bernard Silver
This message is directed to anyone who may have been disheartened or angered,
after having attended the SCSCAI board meeting on Monday, February 7th.
If you had returned your Board of Directors election ballot prior to attending the above-referenced meeting, and you now want to change your original selections as a result of all that transpired at that meeting, there is a very simple procedure in place for you to do exactly that.
This routine procedure is approved by SCSCAI’s Election Chairman. 
It’s very easy; here’s all you have to do:
Go to the Administration Office at Mountain Shadows Community Center.
Have your Community Association identification card with you. The front office personnel will ask to see it.
Advise the Administration Department ladies that you need a Replacement Ballot.
They will be happy to assist you by giving you a new ballot to complete and re-file – on the spot.
That’s all there is to it.
For your information:    This is an approved procedure that routinely is accomplished. Your replacement ballot will negate your original ballot.  When election results are tabulated, your original ballot will be shredded and your replacement ballot will be cast. Replacement ballot selections will remain confidential. In no way is an original ballot, or a replacement ballot, identifiable to any voter.
If you feel that certain members of the board of directors showed you absolute disrespect in pushing ahead their agenda to hire a new executive director, regardless of the wishes of the majority of residents, you do have the power to do something about that. 
You can defeat them; you can vote them out.  Please let them know exactly how you feel about the way they treated you.
If you agree that the February 7th meeting was a complete sham, you can tell them that you are stronger and smarter than they give you credit for. 
Two members who sat on that stage and ignored you are up for election. They are board president Marilyn LeVasseur and her hand-picked appointed, (not elected) board member Frank Beers.  If you do cast a replacement ballot, please vote for any five candidates except Marilyn LeVasseur and Frank Beers.  They certainly did not vote for you.
The Administration Office is open Monday - Friday, 8 a.m. - 5 p.m. (6 p.m. on Wednesdays).
If you have questions, comments, or require transportation to the Administration Office to secure a replacement ballot for the purpose of changing your selections, please tell me so by return email.   There are a lot of good people who do respect you. They will be happy to help you.
Thank you, and be well.
Ellen Greenspan
John C.
I'm just curious on two points.
1.    Did you notice that the date of the reported article by HUBBLE SMITH
        was  December 21, 2003 ?

2.   Are you the type of person that offers no resistance when pushed
      around by others? 
My observations during 14 years of living here is that we do not have a clearly defined Management System, and many other normal facets for a $14,000,000
per year business.   This is clear from the FACTS.
Clearly,  we have had selfish, but capable members on Standing Committees
exercising their influence on a compliant Executive Director, and Board Directors.
I believe that we as an Association are in very deep trouble and if you were at the Meeting of the Board yesterday and don't agree, we are miles apart in thinking.
I now believe that the resolution will be expensive but necessary by seeking help from our judicial system.  It will take time, but its in the cards, so to speak.

  Bernard Silver
Bernie-
That's what I was inferring to her - stop bitching - help do something about it -  learn to live with it - or get out.
John T.

On Feb 9, 2011, at 3:54 PM, Bernard Silver wrote:

 
John C.
I'm just curious on two points.
1.    Did you notice that the date of the reported article by HUBBLE SMITH
        was  December 21, 2003 ?

2.   Are you the type of person that offers no resistance when pushed
      around by others? 
My observations during 14 years of living here is that we do not have a clearly defined Management System, and many other normal facets for a $14,000,000
per year business.   This is clear from the FACTS.
Clearly,  we have had selfish, but capable members on Standing Committees
exercising their influence on a compliant Executive Director, and Board Directors.
I believe that we as an Association are in very deep trouble and if you were at the Meeting of the Board yesterday and don't agree, we are miles apart in thinking.
I now believe that the resolution will be expensive but necessary by seeking help from our judicial system.  It will take time, but its in the cards, so to speak.

  Bernard Silver
                                            ><><><><><><><><><><>>
--- On Wed, 2/9/11, John C. Thompson <lasvegasjohn@...> wrote:

From: John C. Thompson <lasvegasjohn@...>
Subject: Re: [SCBuzz] FW: hoa story
To: SCBuzz@yahoogroups.com
Cc: SC-SCOOP@yahoogroups.com
Date: Wednesday, February 9, 2011, 2:58 PM

 
This is a "no-brainer". If Eunice doesn't like living here - just get out!
John T.
                                        ><><><><><><><>><>><><><>

On Feb 9, 2011, at 11:46 AM, Bob Robey wrote:

 

Dear Folks,
Here is another example of history.  Please note the date of the article below by Hubble Smith of the Review-Journal.  Remember to VOTE.
Robey

John.
Thank you for your response
It's obviously now, that we two have a serious difference in philosophy of one
facet of life.

When I observe, and and or involved, with what I recognize to be improper activities,
I do not just walk away or leave the scene of the problem if I can help make a change.
I try sincerely to reduce the problem recognizing that some injured parties cannot just
walk away from the adverse situation.  Why should they when knowledgeable persons
like you should and could make a difference.
I presume that you do vote in municipal, state, and national elections.
You are still in this great country and I will bet that you are not 100% satisefied with
all in our legislators and their results.

Bernard Silver
John.
Thank you for your response
It's obviously now, that we two have a serious difference in philosophy of one facet of life.

When I observe, and and or involved, with what I recognize to be improper activities, I do not just walk away or leave the scene of the problem if I can help make a change.
I try sincerely to reduce the problem recognizing that some injured parties cannot just walk away from the adverse situation.  Why should they when knowledgeable persons like you should and could make a difference.
I presume that you do vote in municipal, state, and national elections.
You are still in this great country and I will bet that you are not 100% satisefied with all in our legislators and their results.  You don't live by the advice you gave "stop bitching - help do something about it -  learn to live with it - or get out."   Understand that not all of us here in this age restricted communuty are really equal in all capacities.

Bernard Silver
John.
Thank you for your response
It's obviously now, that we two have a serious difference in philosophy of one facet of life.

When I observe, and and or involved, with what I recognize to be improper activities, I do not just walk away or leave the scene of the problem if I can help make a change.
I try sincerely to reduce the problem recognizing that some injured parties cannot just walk away from the adverse situation.  Why should they when knowledgeable persons like you should and could make a difference.
I presume that you do vote in municipal, state, and national elections.
You are still in this great country and I will bet that you are not 100% satisefied with all in our legislators and their results.  You don't live by the advice you gave "stop bitching - help do something about it -  learn to live with it - or get out."   Understand that not all of us here in this age restricted communuty are really equal in all capacities.

Bernard Silver
John T.    John your reading wrong!    A negative attitude is when statements are made as suggestions or opinions.    My statements John are supported by facts, facts that are severely hurting this fine community, and hurting the resale picture.  
John I have been in the HOA business for near 40 years, and at a recent meeting of those in the business I realized that many outside SCSCAI, but in the HOA business, with the knowledge of what is happening, say that the negative actions by a few, primarily the Board , are definitely hurting resales, especially when a comparison of where to reside takes place, with SCSCAI being on the losing side.  
With this you can thank the five who think at the recent Board meeting, that they made fools of the residents - - - instead John what they actually did was to make fools of themselves - - - -though many knew up front that they were the fools they proved themselves to be.

     In closing John, we both no doubt think highly of Sun City Summerlin, but we now
     are engrossed in major problems, and everything not should, but must be done to
     hurt the few who are hurting all their neighbors.

                 Thanks,

                                                                    Bob  Passmonick
Ellen Bachman - Ellen when you were elected many said who is Bachman, but glad to see a new face on the Board.   Now Ms. Bachman it is clear that you possibly cannot think for yourself.   That proven first on October 4, 2010, when LeVasseur needed four votes to takeover the Board and hurt our many neighbors, and you were right there to vote to throw out the then President, then place LeVasseur in as President.   Ellen did you even know how to get the job done correctly?   Any Board Officer to possibly be removed must be given in writing the charges, and then be given usually ten days to decide if he or she wants a closed or open hearing, the open hearing includes inviting residents.   Since when Ellen is someone guilty without being given the proper chance within the guidelines to defend themselves???    Ellen this is America - - -not LeVasseur land!!!    Too bad Ellen you have the inability to speak for yourself, and have LeVasseur making your decisions.   This Ellen is the way LeVasseur works, as you yourself saw at the recent Board meeting when she brought in the expensive legal counsel, who when a question came to LeVasseur she had the puppet answer the question.   Ellen LeVasseur has no idea of the rules and guidelines, and obviously, as some have said, Ellen Bachman seems too dumb to have any knowledge or idea how an HOA operates.   Ellen before this gets completely out of hand, you have a chance to gain back your respect, and prove them wrong, and expose the LeVasseur/Cullen secrecy policy, a policy that cannot be denied, since I have been receiving copies of their illegal emails.   One last note, in  the opinion of many, keep listening to legal counsel, and sooner, rather then later you may need legal counsel more then you think.  

The question I ask Ellen - - - is how five so and sos, including what now is seen as an untrustworthy Ellen Bachman, can take advantage of so many fine SCSCAI seniors - - - -it is simply unthinkable.   My near 40 years in the HOA business have never  experienced so few as you five Board members hurt so many - - -its simply dispicable!

        In closing, Ms. Bachman, on behalf of the many decent SCSCAI seniors, I
        say  - - -"Wake Up"!

Oh yes some notes on your friends who voted with you to hurt your neighbors!

LeVasseur - - - -we all have enough facts to prove she is possibly simply a
dispicable character!

Cullen - - -proven by the secrecy program she and LeVasseur have been using indicates she cannot be trusted - - -here they used legal counsel to possibly pull
them out of a hole, yet in their secret emails they discussed hiding data from the same legal counsel.   This is a perfect example of using people when you need them, and cross them thereafter!

Flynn & Beers - Ellen did you know these facts, and they have nothing to do with how they recently crossed their neighbors.   Ms. Bachman they are use to crossing their neighbors - - - how?     When they both were Board members before, they supported that Board in holding hidden, secret, illegal Board meetings, in which they voted secretly to assess all SCSCAI homeowners an assessment of $700.   Then they both with the Board decided they would not follow the governing documents, and therefore would not allow the SCSCAI residents to vote on the assessment.   Yes first illegal meetings, then an assessment above the allowed limits, and then not following the governing documents - - - - and this Ms. Bachman is what you have placed back on the Board, and who now you voted with to on purpose hurt all our neighbors.    Ellen its obvious if the residents knew up front that you could not be trusted, would you have been elected - - -of course not.     Your simply proven to be an untrustworthy neighbor, and if you really think your act is best for the community, then join me and be proud to inform the club (poker club) that we both belong to, and since they pay like all of us for this mess, you should be proud to have possibly made yourself look like an as_.

           My best and Ellen, maybe with your talent you can find another HOA to reside in!

                    Keep up the good work!

                                                               Bob  Passmonick

 
Bob P:
I have read several times messages about the procedure for removing a President
but I don't understand them. Is there such a procedure?

I always thought that the officers served at the pleasure of the Board and that
if the Board majority wanted to remove any officer or committee chair they could
do so. The selection of officers has been done in both private and open
meetings but lately the voting has been done formally at an open Board meeting.
I don't believe David has been denied a right to a hearing and he hasn't said so
as far as I know.

Mr. Steinman was allegedly slandered and wrongfully accused. He has an absolute
right to demand a hearing and has hired a law firm which is in the process of
doing so. It does not relate to his removal as President as far as I know.
Don Gelbman
Thank you Darcy Spears,
 Investigative Reporter, for Channel 13 News
The following is a typical example of a violation of 'human rights' and an HOA Board's
abuse of power. 
This is typical of what we could have in our Sun City Summerlin if Marilyn LeVasseur
and Frank Beers are elected to the Board of Directors.  They clearly displayed their
total lack of concern for the association members opinions at the last Board Meeting.
Basically they said to Hell with us.  So be it ... but I just know that there are many of
us here in this age restricted community who will not go to Hell alone.
Cut off my water or anything like that and we will get it back in a flash. 
This is not a threat ..... its a description of limits.
Bernard Silver
Date: Wednesday, February 9, 2011, 10:18 PM

Hi All
Darcy Spears Investigative Reporter for Channel 13 News will be airing a follow up story on what Sun City Anthem is FORCING  Doris Vescio to do to keep her 2 little companion dogs out of the mouths of the coyotes.
If you did not see the original story go to www.hoa1234.com  to view the story  look for the picture of the wrought iron fence  on the front page.
The story will be on this SUNDAY night FEBRUARY 13, 11:00 PM channel 13.
Jonathan Friedrich
822 4555

FRED WAGNER
Thank you for the clarification. 
I sincerely believe that morally, your "thinking outside of the box",  is the way our
governing documents should be for the benefit of our members.
I do believe that  Article VI, Section 5(a) of the CC&Rs, when written and approved,
did not anticipate the predicament that our members are in now.
If Marilyn LeVasseur and Frank Beers are elected to the Board after their display
of arrogance and disrespect for the unusually high number of members who
attended the last Board Meeting, as well as those who did not attend and petitioned
the Board for one simple consideration......."Let the new Board that will be seated
on the 23rd of February evaluate and select the new Executive Director." 
This would have meant a mere delay of about 2 to 3 weeks.
None of the 5 Directors who ultimately voted affirmatively  for the new Director,
Mrs Christine Gibbs could answer one simple question..... "Whats the reason
for the rush?" 
There was clearly a 'fix' in place prior to the meeting, with Mrs Gibbs, who was
virtually standing in the wings, waiting to be introduced to staff by Joe Kelley
immediately after the Board vote.  Something here, right under the nose of our
outside attorney, Michael Schulman, has a smell of something being very bad.
It is now obvious that this Board voting 5 to 2 were afraid that the new Board
could possibly make a different selection. 
I guarantee that this Exec Dir will be like the prior one; compliant and
malleable to the ones her selected her. 
Its the same with our attorney ... he seeks billing hours. 
All of the above being my opinion based upon observations and
more importantly, perceptions.

Bernard Silver
From: Fred Wagner
Subject: Re: [SC-SCOOP] Replacement ballots are legitimate
To: SC-SCOOP@yahoogroups.com
Cc: "Joe Connors" , "Lorin Martin" , "Joe O'Connell" , "Pat Cullen" , "David Steinman" , "Marilyn LeVasseur" , "Ellen Bachman" , "Orin "Bud" Cook" , "Ken Caroccia"
Date: Thursday, February 10, 2011, 10:19 AM

 

To those well intentioned homeowners who desired to void their original ballot.  This has been pointed out to not be possible as our CC&Rs clearly state - see : "Article VI, Section 5(a) of the CC&Rs which states;   "In the event more than one vote is cast for a particular membership, none of said votes shall be counted and all said votes shall be deemed void." 
I apologize for thinking "outside of the box".  If we encounter two ballots for the same association number, neither will be counted.  Fred Wagner
----- Original Message -----
Sent: Wednesday, February 09, 2011 5:56 PM
Subject: [SC-SCOOP] Replacement ballots are legitimate

  Please understand that I discussed the replacement ballot procedure with Election Chairman Fred Wagner in detail before sending out a mass mailing and asking that it be posted on the chat lines. Fred Wagner's reputation is impeccable. He is knowledgeable, respected and trustworthy. This is not a new procedure. It has been routinely done in past elections. Here's how it works:

A resident changes his or her mind about the selections made on a previously cast ballot. Possibly, he or she might want to do that after having been subjected to a sham of a board meeting where he or she is disrespected, belittled and ignored.

The resident asks for a REPLACEMENT BALLOT at the Administration Office.
AdMin personnel will ask the resident for his or her SCS Association card. Resident completes the replacement ballot, which carries a different colored label, and casts it.

On election day, after voting closes, replacement ballots are separated and matched up with their original counterpart ballots. The replacement ballot supercedes the original ballot. Replacement ballot counts; the original is shredded. Thank you.

Ellen Greenspan
efgreenspan@...
Bernie
You hit the nail on the head.
It smells like collusion and conspiracy something that the U S attorney should look into possibility RICO statute violation.
I will contact the U S attorney and request an audience with him with massive documentation that I have in my possession.
I will provide Scoop and Buzz an answer as I have one.

Norman
Lorin, please pass this to the new Executive Director


OPEN LETTER TO MS. GIBBS


It is my belief that the process used for selecting a new Executive
Director for SCSCAI was in violation of the law and could be
successfully challenged by any candidate who submitted an application
for the job or the new Board to be seated February 23, 2011.


The Board voted in open session to make the Ad for an Executive Director
apply to all applicants regardless of any previous, present or future
involvement or desire to be involved with a CAM Certificate. Based upon
the fact that we are self-governed there is no need for any Executive
Director to have anything to do with the Nevada legislation that created
the CAM.


At the Board meeting in which they chose you as the candidate of their
choice it was stated that the Selection Committee without Board approval
in open session limited all candidates to be recommended to those who
have a CAM certificate or could obtain one. This directly violated the
rules the Board provided when the committee was appointed. That means
there could be an applicant who would have been selected for
consideration had his or her application discarded.


We will soon have a new Board and one of their fist order of business
should be a complete examination of the hiring process that was used to
select you. In that case it would not matter how you rated, the Board
will have no choice but to reopen the selection process. I hope the
present Board has informed you of this possibility but if not this will
provide informal notice.
Don Gelbman, homeowner
Don Gelbman - Up front Don I am not lecturing anyone on legal issues, but allow me to answer your question, with the freedoms we all have in this great Unites States.

I'll begin with a precedant in HOAS, and that took place right here in SCSCAI back on September 28, 1998.   On that date, yet another arrogant SCSCAI Board wanted to remove a Board Officer from his Secretarialship and from his two Committee Chairmanships.  With a choice of an open or closed hearing that Board Officer (myself) opted for an open hearing that would allow residents to be present, and therefore the style of kangaroo courts the SCSCAI Board used would be seen first hand.   The open hearing began in the committee room with residents in attendance, but after ten minutes, with the Board realizing the residents would now see how the Board operates, the Board stopped the meeting and moved the hearing to a closed session at the Pinnacle (fully illegal)   Then they proceeded and in that closed session made complete asses of themselves, becoming upset because of several things I was to do.  Sure they found me guilty - - - but guilty of what?    They refused to present written charges, and refused to allow me a chance to properly defend myself.   I wrote a letter to the Legislature committee in Carson City, and in return received what I knew to be fact.   In Nevada, and Don, all across America, one is not guilty
until proven to be so, and in HOAS, especially in Nevada, a Board Officer must be presented with written charges if so charged by the Board, for his or her removal.  
Each Board Officer charged in an HOA has the choice of an open or closed hearing, if open then residents being invited.   The facts are such that Dictator LeVasseur
first has no idea of the HOA guidelines, and second, even if she did, thinks she is President, Dictator, King and ruler - - -yet because of the way she handled the Steinman issue, is really none of those.   Don this is America, and do we need in each case such as this one, for there to be guidelines that state the Board Officer must receive written charges, and be given a proper chance to defend his or her self - - - - - - or do we follow the guidelines for freedom, especially directly referring to the Constitution, and give fairly the chance for the proper avenues that not should, but must be followed.    Quite frankly Don, as I did once when on the Board, and the
arrogant Board acted as they did, I simply would then show up as if I was still President, and let the arrogant LeVasseur make the next move, for what would be next - - - -trying to remove a properly seated Board Officer, who when charged with a wrong, never was to receive any  copy of the wrong - - - besides not being allowed to defend himself, how does that removed Board Officer properly defend himself with no written charges?

Simply think about all this - - - - and no matter what the five asshol - - say, Steinman is still the President, with LeVasseur simply an arrogant, dumb, ignorant Board member who in her self serving way, no doubt thinks she is god!

             Thanks,

                                                                   Bob  Passmonick

P.S.    Don another precedant again right here in SCSCAI took place on March 7,
          2003, this when seven Board members met in secret, without properly listing
          the meeting, with the meeting not an Executive session, but that Board
          wanted to hide from the residents, the issue and what was happening.  Being
          I was a then Board member, I opted not to attend the illegal meeting.   Then
          what took place was comical.   There were two Board members who did not
          attend that meeting - - -myself and Bron - - - - -.!     Yet another resident filed
          charges against the Board members who attended, referring to both State
          and SCSCAI guidelines.   Then the kicker to indicate how the SCSCAI Board
          operates.   Upon his return to SCSCAI the Board designated the Board
          member who was out of town to be the moderator at the hearing - - - that
           would be like having a bank robber's best friend being the judge in his
          trail.   Then when the hearing took place, again at the committee room, the
          Board members so charged were found to be innocent - - -another SCSCAI
          calamity.   To continue how the SCSCAI Board operates with those charged
          who are their friend - - - all one has to do is review what happened when a past
          Board President stole thousands in residents funds, not once, but twice.  
          With the proof of the thefts documented with phoney checks and phoney
          invoices, and with each Board member clearly given copies of all the data,
          the then Board found that President innocent of not alledged, but actual
          thefts of thousands of SCSCAI resident dollars - - - their final resolve being
          that he was their friend and just could not find him guilty - - -obviously an
          opening in policy that has carried over to this day.   We have recently seen
          how the Board operates - - - they against the guidelines, remove those they
          do not want, then putting those they want, no matter how they hurt SCSCAI,
          in office, to spend, spend, and spend.

          In the HOA business Don, it has been seen that if the community allows the
          few to take the residents, as has been the case here under LeVasseur, the
          same Board members will go as far as the residents allow them, and we may
          be far from what the LeVasseur led fools are yet to do


  


In a message dated 2/10/2011 8:46:58 AM Pacific Standard Time, drgtrustpl@... writes:

Subj: [SCBuzz] Re: Ellen - - -Simply Why????????
Date: 2/10/2011 8:46:58 AM Pacific Standard Time
From: drgtrustpl@...
Reply-to: SCBuzz@yahoogroups.com
To: SCBuzz@yahoogroups.com
Sent from the Internet



Bob P:
I have read several times messages about the procedure for removing a President but I don't understand them. Is there such a procedure?

I always thought that the officers served at the pleasure of the Board and that if the Board majority wanted to remove any officer or committee chair they could do so. The selection of officers has been done in both private and open meetings but lately the voting has been done formally at an open Board meeting. I don't believe David has been denied a right to a hearing and he hasn't said so as far as I know.

Mr. Steinman was allegedly slandered and wrongfully accused. He has an absolute right to demand a hearing and has hired a law firm which is in the process of doing so. It does not relate to his removal as President as far as I know.
Don Gelbman


Re: [SCBuzz] Re: Fw: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11



I am neither naive or blind, however I have been involved in the process. Have you??
As I stated, I did not agree with everything, however it is done. Let it be and let her try to do her job. If she is not any good we will all know it soon enough. If she is any good it will be to all of our benefit.
Bruce Alitt
RE: [SCBuzz] Re: Fw: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11


Yes in the background. I am the silent soldier who makes the big bang and the noise when there is injustice in this community.
As a retired investigator for the DOJ US government I have learned to work in the background to right wrongs you will know when I have acted.

Norman
Sun City Residents - Again in this time of the year whereby the SCSCAI voting for Board members is in full swing - - -we must all realize some realistic facts.

We like the past elections, have heard the grandeur statements related to certain candidates.  Yes those candidates are extra fine ladies and gentlemen, but are they candidates that will and can possibly turn around this mess that we all face with the LeVasseur led Board???

What is needed folks is experience, experience if possible in the HOA business, and facts related to what has and has not worked now for years.  Being in this HOA business for years, yes there are ways to turn around this mess, but relying on the legislature branch of State Government or the Office of the Ombudsman will never do the job - - - for they are either part of or influenced by the CAI, an organization that is successful for only one reason, this being that HOA residents, as lovely and decent as they are and have been, simply do not realize how the problems that SCSCAI and various other HOAS have, can actually have a chance of being successful.

As I close, let it be known that for years back in New York, the near identical issues were going against almost every HOA, and only when the approach of toughness, toughness with the guts to come down on Board members and attornies individually,
did we back then begin to see a turnaround.

Folks simply some insight by a person with near 40 years in the HOA operational and financial business!

                My best,

                                                                       Bob  Passmonick

P.S.    Allow me to refer to an example!    That example being Ellen Bachman,
          currently an SCSCAI member of the Board.   When Ellen was elected, two
          questions were  asked.   The first was who is Ellen Bachman, with the then
          second question being asked, stating maybe it was good to have a new face
          on a Board that has presented problems for years.   Well folks, both with little
          to no HOA experience, and not quite frankly, being able to think for herself,
          Ellen Bachman has proven to all she is simply a follower, a follower of
          Ms. LeVasseur, possibly the worst HOA Board member I have seen in my
          near 40 years in the business.   Simply refer to October 4, 2010, when the
          four, including Bachman, voted against the guidelines, to remove the then
          President, placing the hard nosed self serving LeVasseur in the position!
Norman - That is the exact reason why SCSCAI is in this mess.   Once the obvious wrong takes place, apathy returns, and we go back to square one, this then having the same wrongs repeated, now for near twelve years.   Just wait until the next election, and as has been the case year after year, the fools like Bjonerud and McCanna will again step into the limelight to do all they can to hurt Sun City Summerlin, and therefore hurt all their neighbors.    How long are we to allow this.  I have said nothing against the new Executive Director, but like all that happens when LeVasseur is involved - - - it no doubt was against every possible guideline, and because of such an approach, some may wish they had Winkel back, an ED who was the cause of millions in financial losses, and someone who the same fools in office wanted to keep!

        Give my best to the HOA wrecking crew - - - this obviously the Board !

                                                                             Bob  Passmonick
Re: [SCBuzz] Re: Fw: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11


I agree with you, Bob. If the ED was wrongly selected, it should be corrected. Maybe the same one would still be selected but it would be done right. Once the BOD does something wrong it sets a precedent for the next time.
Quwatha Valentine
Re: [SCBuzz] Re: Fw: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11


I GIVE UP!!
Complain away!!
Bruce Alitt
Re: [SCBuzz] Re: Fw: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11


Do you really think that you are the first resident to state that they have or will complain to the FBI/AG/DOJ/Etc?
I honestly hope that your complaint is looked at and, if wrong doing is actually found, that it is corrected. In the meantime I still feel that we should all wish OUR new ED well.
Bruce Alitt
Re: [SCBuzz] Re: Fw: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11

Bruce Alitt - Bruce I do appreciate your and everyone elses contributing to SCSCAI.  
Yet Bruce, myself with 35 years in the HOA business, 18 years a SCSCAI resident, but more so the longest prior SCSCAI Board member, we before many times had residents say the same thing in relation to lets see!    Allow me again to refer to an issue that you once asked where is the proof?    We had a previous SCSCAI Board President being caught redhanded stealing SCSCAI resident funds in the thousands, and the then Board with proof in their hand stated - - -lets get by this and since he is our friend, we will not place any charges, nor go to the authorities.    What was the result of that decision - - -why six months later the same Board President again was caught redhanded again stealing thousands of SCSCAI resident funds.   The second time I made it public, and within a short time he sold his home and moved away, no doubt those like myself pushing to have any and all residents know who the thief really was.

Bruce in the HOA business, when wrongs are allowed for any reason, those perpertrating the wrong are resigned to repeat the wrong if the HOA takes no action.
LeVasseur is simply an arrogant Board member - - - literally out of control, and I respect what some want to do or not do, but if we do not come down on these Board member irresponsible fools, this is not to be the end of their irresponsible actions.

We have seen previous action both by Flynn and Beers, related to previous secret illegal Board meetings, and they are now in a position to repeat those acts.

       Just some facts and again thanks,

                                                                     Bob  Passmonick
Re: [SCBuzz] Re: Fw: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11

Mr. Alitt:
Whether the two selection committee members believe that no candidate
was affected by the illegal procedure used is irrelevant. The fact of
the matter is that the selection process was unfair to the applicants.

As for Ms. Gibbs, I hope we will not do as you suggest. If I am on the
Board there will be an investigation. I know things you don't and the
Board, all of them are parties to an abuse of power and breach of
Fiduciary Duties. You do a disservice if you prefer to sweep what this
Board does under the rug.
Don Gelbman
Bob
I’m not done yet somehow I will do what I say and if possible get an investigation into this whole mess caused by this board.

Norman
I was at the Board Meeting when they presented this now Exec Directors
credentials.
Has she had experience in a CIC\HOA even one third this size?

Has she had experience in  operations of a golf course.
Why was our attorney Michael Schulman who it appears has had a business
relationship with the candidate so obviously supportive of LeVasseur and
her 4 puppets?  There is something here that needs some Sunshine on it.
Obviously there is something wrong when the current Board wouldn't wait
16 days until a new Board is seated so that they could be the ones making
the decision.
Were all candidates, including the one with the highest ranking, advised
that the salary would be $135,000 per year?  Perhaps he, the one who
backed out because of alleged family problems would have decided
he could handle both; particularly when there is no deadline for starting.
Is this $135,000 salary set because our next in line employee, the one
who has been a self proved failure in all of his activities has become the
standard for salaries?   Just think; over 180,000 rounds per year down
to about  90,000.  Check how the losses with the Food & Beverage
Operations that he manages has also been losing money.
Is this anyway to run a business?  

Bernard Silver
Hi Norman:
I am not a new subscriber.  I have the RJ since I came here in 1996.
The RJ did tell me that this promo was for new subscribers but when I indicated that the person that gave me the info was not a new subscriber, the person on the phone said she would check with her boss.  She came back and said if I was wiling to pay by credit card up front that I could have the promo fee of $80 for 2 years.
 Gave this info to other friends who also got the same fee.
Kathy Hunt
   

Bernie
I hate to repetitive but I believe there is collusion or possibility of some kind of conspiracy.
I also believe foul play afoot as Sherlock Holmes would say.
With the info available to the U S attorney’s office there might be a RICO statute violation.
Somebody might go to jail.

Norman

From: SCBuzz@yahoogroups.com [mailto:SCBuzz@yahoogroups.com] On Behalf Of Bernard Silver
Sent: Thursday, February 10, 2011 5:20 PM
To: SCBuzz@yahoogroups.com
Cc: seawolf1963@...; bod@...; brian@...; sharvin@...; BRUCE ALITT; EILEEN McKYTON
Subject: Re: [SCBuzz] Re: Fw: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11

 
I was at the Board Meeting when they presented this now Exec Directors
credentials.

Has she had experience in a CIC\HOA even one third this size?

Has she had experience in  operations of a golf course.

Why was our attorney Michael Schulman who it appears has had a business
relationship with the candidate so obviously supportive of LeVasseur and
her 4 puppets?  There is something here that needs some Sunshine on it.

Obviously there is something wrong when the current Board wouldn't wait
16 days until a new Board is seated so that they could be the ones making
the decision.

Were all candidates, including the one with the highest ranking, advised
that the salary would be $135,000 per year?  Perhaps he, the one who
backed out because of alleged family problems would have decided
he could handle both; particularly when there is no deadline for starting.

Is this $135,000 salary set because our next in line employee, the one
who has been a self proved failure in all of his activities has become the
standard for salaries?   Just think; over 180,000 rounds per year down
to about  90,000.  Check how the losses with the Food & Beverage
Operations that he manages has also been losing money.
Is this anyway to run a business?   
Don
I truly hope you are elected and will go forth an investigation.
You can count on me for support.

Norman
Dear fellow Sun City Summerlin Association members.
As readers, you should be aware that I have been asking our Association Secretary
Pat Cullen for specific information relating to whether our Association has been
in compliance with Internal Revenue Regulations.
Normally, if we had a bonafide Annual Audit by a CPA I would not be apprehensive.
In our case, some time in our history, as I recall, Jim Flynn found a way to decrease
auditing costs by switching to our current CPA who was willing to provide services
which merely consisted of verifying the numbers that we supplied to him.
I have little confidence in this arrangement, particularly because our Finance
Committee (Jim Flynn a member ) and the Executive Director failed to catch a
$1,400,000 error for 2 successive years.  Needless to say, our auditor is not
responsible. 
If there have been any errors in paying Uncle Sam what is owed, there could
repercussions, and guess who will be paying.  NOW READ BELOW.
Bernard Silver
                                                       ><><><><><><><><><><><><>
  
Breaking News:

Sun City Anthem (SCA) Board President Jack Troia, CPA, announced during today's SCA Board Meeting that the IRS Revenue Agent had found the Sun City Anthem Community Association, Inc. guilty of violating tax laws and owing $1.345 Million in back federal income taxes for 2007.  He also stated that the IRS had not yet reviewed the previous or subsequent tax years.  So, the total amounts owed to the IRS could wind up being significantly more than $1.345 Million.

This appears to be the first IRS corporate audit of a Nevada HOA.  The major area of error appeared to be where the SCA boards had overcharged annual member assessments and (1) failed to refund the surplus to members, and (2) failed to pay income taxes on the retained surpluses. 

The IRS finding means that Sun City Anthem homeowners may wind up paying twice for the board's and tax preparer's mistakes:
(1) for the excessive annual assessments not refunded or credited to future assessments as required by law, and (2) for the board having to pay the high corporate income taxes on monies that should have been given back to members.


Bernard Silver
Re: [SCBuzz] Re: Fw: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11

Norman - Norman when you have senior abuse, and on purpose, jail is where they belong.   They have abused the SCSCAI seniors on purpose for years.   For example the sickies of Beers and Flynn when on the Board previously thought nothing of that Board holding secret hidden illegal Board meetings.   They supported the fully illegal meetings, and then supported what they first passed at those meetings, this a SCSCAI assessment grossing $6,000,000, and then the two ass - - - - - supported not allowing the SCSCAI residents to vote on the assessment as called for in the governing documents.  Yes I keep repeating this gross misjustice, simply because this is why they wanted again on the Board - - - to no doubt enact yet another misjustice to all the residents.  The three stooges of LeVasseur, Cullen and Bachman are just that  - - - - three stooges, for they have no inkling of what their actions have done to their neighbors.   Also if Gibbs does not know she is part of a plan of collusion, she will soon be informed, and told that she is part of the plan.  
She cannot after being informed, say she has no idea that near criminal acts were passed, with her name being in the middle of it all.   In addition, we all should, and I agree after she gets her feet on the ground, but we should all be informed how she is to tackle the huge debt in Sun City Summerlin, it now near $16,400,000 since Del Webb left, and how about the fine golf course program, having part of that large debt to the tune of near $7,800,000.   Imagine we have Board members stating that the finances are fine.   I sometimes wonder if the near $20,000 clearly taken by a previous Board President was possibly just the tip of the iceberg.

Here in Sun City Summerlin what is needed is for the authorities to began a full investigation of the financial games, and the obvious senior abuse.   Yes there are four investigations by the authorities that many know nothing about, but to date they have gained little success.   For those who at times state this is not true, how about investigating the records of the Las Vegas Metro, especially those of December 2, 2002, September 26, 2006, November 21, 2008, and include a follow up of the FBI records of January 2009 - - - -these being the dates that such investigations began, with several residents being questioned.    This folks is not a game, except that it has got much worse under the Presidency of failed Board member LeVasseur.

      Just some facts and thoughts!

                                                                  Bob  Passmonick

P.S.     Guts is one thing, but stupidity is yet another, when you have resident
            Board members playing with fire regarding the definite senior abuse!                                        

In a message dated 2/10/2011 6:23:08 PM Pacific Standard Time, nnpp@... writes:

Subj: RE: [SCBuzz] Re: Fw: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11
Date: 2/10/2011 6:23:08 PM Pacific Standard Time
From: nnpp@...
Reply-to: SCBuzz@yahoogroups.com
To: SCBuzz@yahoogroups.com
Sent from the Internet





Bernie

I hate to repetitive but I believe there is collusion or possibility of some kind of conspiracy.

I also believe foul play afoot as Sherlock Holmes would say.

With the info available to the U S attorney’s office there might be a RICO statute violation.

Somebody might go to jail.

 

Norman

Re: NOTICE TO MS. GIBBS 2.10.11

I am not sure what I will present Tuesday. The memo below was intended
to make sure that Ms. Gibbs can not claim she has been harmed by
accepting the ED job. It is an At Will employment and removing her
should not be followed by legal action. Assuming Lorin makes a record
of giving her a copy she will not be able to claim ignorance. I am
curious as to when she is actually going to start. Her resignation from
Sky said she would leave 3/15. She should not start here before 3/16
unless she has an agreement with Sky to stop active work for sky
immediately. She can not work here while being paid by Sky unless our
Board agrees.
Don Gelbman
Mr. Press
While I did not like all that I have seen from both the BOD and some members, I seriously doubt that there has been any criminal activity.
However that is my opinion and opinions are like certain parts of our anatomy, everyone has one. Further opinions mean nothing unless backed up by money.
I am willing to bet you a nominal amount, say $100, that no one goes to jail regarding the matter of the employment of Ms. Gibbs or is even fined by the U.S. Attorney. I am willing to place said amount in trust to be held by an attorney, say Don Geldman, for one year to determine who wins the bet. If after a year no one is in jail, fined or being prosecuted by the U.S. Attorney I win. If the prosecution is on-going the bet is on until the prosecution is concluded. If someone is in jail or fined you win.
Put up or shut up.
Give OUR, repeat OUR new ED a chance.
Bruce Alitt
Don
I have never swept anything that I am actually aware of "under the rug," as you claim. When I had a problem with the minimum salary issue and the additional candidates I went public. Was it you or was it me who raised the issue of Ms. Gibb's property in trustee sale at the last BOD meeting? However I do not believe in spreading rumor and innuendo.
You claim to know so much yet what have you done in the last year? Please be specific.
You state that the procedure was "illegal." That is a very strong word for an attorney to use in my opinion. Have you reported that "illegal" procedure to anyone as an officer of the court? Just curious.
Regardless of what you and others post, Ms. Gibbs is our, repeat OUR new ED and should be given every chance to succeed. That is my opinion and belief.
Bruce Alitt
In a message dated 2/10/2011 4:15:35 P.M. Pacific Standard Time, drgtrustpl@... writes:
 
Mr. Alitt:
Whether the two selection committee members believe that no candidate
was affected by the illegal procedure used is irrelevant. The fact of
the matter is that the selection process was unfair to the applicants.

As for Ms. Gibbs, I hope we will not do as you suggest. If I am on the
Board there will be an investigation. I know things you don't and the
Board, all of them are parties to an abuse of power and breach of
Fiduciary Duties. You do a disservice if you prefer to sweep what this
Board does under the rug.
Don Gelbman

On 2/10/2011 1:59 PM, seawolf1963@... wrote:
>
>
> *ENOUGH ALREADY!!*
> Ms. Gibbs has been hired as OUR ED.
> While I disagreed with some of went on from both the BOD and the members
> at the last BOD meeting, it is done. We should all hope that she is the
> right choice and does a great job. We will all benefit from that.
> Two search committee non-BOD members have publicly stated that the CAM
> issue did not disqualify any candidate.
> As for informing Ms. Gibbs about the possibility of her hiring being
> re-examined, in my opinion that is what "at will" means. If she does not
> understand that, she should not have been hired and no further
> explanations are required in my opinion.
> Let us all wish her well and move on.
> Bruce Alitt
> In a message dated 2/10/2011 1:40:28 P.M. Pacific Standard Time,
> silverinvegas@... writes:
>
>
>
> --- On *Thu, 2/10/11, DONALD GELBMAN /<drgtrustpl@...>/* wrote:
>
>
> From: DONALD GELBMAN <drgtrustpl@...>
> Subject: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11
> To:
> Cc: "SC-SCOOP" <sc-scoop@yahoogroups.com>, "Bob Robey"
> <SCBuzz@yahoogroups.com>
> Date: Thursday, February 10, 2011, 1:34 PM
>
> Lorin, please pass this to the new Executive Director

Don
I was not asking for your accolades. Just responding to your accusation of my sweeping things under the rug.
Now would you please respond to the following that I previously asked you, since you are running for the BOD on a platform of openness and accountability:
You claim to know so much yet what have you done in the last year? Please be specific.

You state that the procedure was "illegal." That is a very strong word for  an attorney to use in my opinion. Have you reported that "illegal" procedure to anyone as an officer of the court? Just curious.
Regardless of what you and others post, Ms. Gibbs is our, repeat OUR new ED and should be given every chance to succeed. That is my opinion and  belief.
Thank you
Bruce Alitt
Gentlemen.
As I have stated previously, our new Exec Dir comes on board with a huge baggage load because of how the LaVasseur Board ignored the membership petitions to delay the hiring of any Exec Dir so that the new Board, elected 16 days later could make the decision.
This has created a lot of suspicions among Sun City members about the integrity of the LeVasseur Board, and outside attorney Michael Schulman on this "Fix" that was obviously in place prior to the Board Meeting. 
LeVasseur and Beers are Candidates to be elected to the Board, and clearly do not
understand the meaning of their duties as Fiduciaries and should not be considered to be elected.  I also believe as I have stated directly to Michael Schulman Esq that he has failed to inculcate the Board Directors in understanding the responsibilities as Fiduciaries.
The new Exec Dir appears to have very little if any experience in managing a CIC the size of our Sun City, with about 250 employees and a $14,000,000 a year Budget.
Add to this that it is apparent from history that this CIC does not have a fully documented and workable Management System.
In my opinion, here are some of the key items that should be used in order to attain some level of transparency and efficiency.  YES!  'Trust but Verify' is great but 'Search & Discover' is also very important.
1.  All  persons, be they the Exec Dir, Directors, key personnel should be required to sign a 'NO CONFLICT OF INTEREST AGREEMENT' that clearly delineates that failure will be lead to dismissal or charges being made.  Those with Check Signature Authority or access to cash in many of our activities such as Golf or Restaurants should be Bonded.  Efforts to prevent any undue suspicions should made by have traceable receipts for money at point of sale.
2.  All Travel Expenses should be approved by the Exec Dir and subject to providing adequate receipts.
3.  All checks paid to anyone other than a Public Utility should be recorded on the equivalent of a check stub in order that an auditor may match amount paid with Invoice.
4.  Efforts should be made so that all Revenues and all Expenses are fairly attributed to the appropriate Cost Centers. 
5.  An expedited effort should be made to develop a Board approved Business Plan covering short term and long term needs and goals.
6.  No professional services should be purchased from any entity where there is clearly a
"Conflict of Interest"
7.  All Cost Center managers should be required to provide the Exec Dir, with copies to all
Directors, simple one page pre printed Weekly Reports than merely require the filling in of important events.  This nay be expedited via computer transmissions and it will assure all employees that their concerns are transmitted in a timely manner.  This will also reduce the times that Directors, seeking information, interfere with staff. 
        Let me add
A. This type of  Communications and Recording is a discipline that is
used in commercial companies.  What is shown above is certainly not complete, but it would be reasonable start and relatively easy to implement and helpful for all.
B.  Perhaps some of the above is already in place ..... if it is, it doesn't show and that is why there are too many secret meetings and communications.  How do I know?  There are
leaks.
Bernard Silver

Mr. Alitt.
Permit me to respond to your question this way, which I believe you will not approve of, because you want a YES or No answer..
I moved into this community in Sept 1996 and shortly thereafter became aware of a new
Nevada Revised Statute.  The forward section explaining, or justifying, its creation was that it was for the purpose of protecting members of HOAs from abusive Boards and Management Companies.   This, when evaluated could not be criticized, but I thought that the unit that I purchased included adequate written governing documents for protection of owners and the Association.  At that time I was not familiar with our US Constitution, Article 1, Section 10,
covering the protection of the Sales\Purchase I entered into when our house was purchased from the developer.
Since then, every 2 years when the Nevada Legislature meets, they are heavily lobbied by the  the Community Association Institute (CAI) located in Alexandria, Virginia.
The CAI, originally comprised of attorneys is in my opinion a trade group that envisioned a huge niche for income from Common Interest Communities that had abusive Boards.
They wrote and lobbied the introduction of NRS 116 and amend it every two years while also adding income by opening their CAI membership up to other trades, for membership fees.
It is true that the CAI does perform some education to members and Board Directors, etc., but the primary mission is that of creating a highly profitable income niche for attorneys.
Many years ago, they helped placate the anguish of frustrated HOA members by lobbying for and Ombudsman for CICs.  We are now close to then of having our third one and I sincerely believe that all three have really tried hard to serve our Nevada citizens.  You of all persons should know that no matter the effort, the pile up of cases sent to the Ombudsman and dealt with satisfactorily has been dismal;  it is truly a failed system.
To your question. 
I believe that any trade organization such as CAI will have the normal distribution of good, averaaaage, and bad members.  I have known some excellent ones but that was when the primary revenue of Association attorneys was produced from Class Action Construction Defect actions.  Most of those are in the past and the pressure is on for new business.  This has been accomplished by, if not creating conflicts within CIC, by supporting those who do.  The latest classic example, that you witnessed, is how our attorney supported 5 of our Board Directors in voting for an Exec Dir who has very questionable education and experience for the position, while one of the largest showings of association members who were given only 4 days notice, showed up or signed Petitions to have this vote deferred to the new Board who would be seated in 16 days time.  Something very upsetting and distressing with this, particularly when one recognizes that Michael Schulman Esq and the candidate had some alleged prior business contact.  Therefore I as many, I confess to being disenchanted with the affiliates of CAI who do the lobbying or pay into supporting the process.  Accordingly, based upon perceptions alone I would strongly prefer that our Association buy professional services from non affiliated CPAs. attorneys, etc.
Specifically my answer to your question,
"Do you personally define a "conflict of interest" as belong to, being associated with, or taking classes from the CAI?"            
This is not a question that can be answered with a YES or No as explained above.
In my opinion, the real good attorneys in CAI need to perform some housecleaning and provide professional standards, i.e. "TEACH THE BOARD DIRECTORS THE MEANING
OF THE WORD "FIDUCIARY" 
Bernard Silver
My Bob Passmonick.
First let me thank you for the non rewarding services that you have giving to this community
known as Sun City Summerlim for many years.
Please forgive me for offering this simple advice regarding indemnification of Board, the Exec Director, and Committee members.
The place to complain on how our Association's increasing premiums for Directors and Officers, Committee members, etc., Personal Liabily infractions has been increasing because of the Insurance Carrier's willingness to accept the Sun Citiy Board application for coverage, without a thorough inspection of facts, should include as a minimum, simultaneosly, the Insurance Carrier, and the State of Nevada Insurance Commission, Brett J. Barrett, Commissioner.

Bernard Silver
Mr. Silver
I do appreciate your thoughtful answer. However it does raise the obvious concern. If you cannot state that having an association in some way with the CAI is or is not a 'conflict of interest,' even in your personal opinion, how could you expect anyone to do as you suggest, which is:
1.  All  persons, be they the Exec Dir, Directors, key personnel should be required to sign a 'NO CONFLICT OF INTEREST AGREEMENT' that clearly delineates that failure will be lead to dismissal or charges being made. 
My concern is serious and not meant to start a war with you. Shouldn't the question be answered before you would have anyone sign such a statement.
Bruce Alitt
Mr. Alitt:

I am confused, that anyone or any part of the human anatomy, would not seriously doubt  that anyone associated in an "Blackmail/Extortion" plot was not a criminal activity.


 Modern American statutes vary considerably in the ways they define blackmail or extortion by a private person. Some statutes require that the threat accomplish its purpose. Under such a statute an unsuccessful threat may usually be prosecuted as a criminal attempt. But most modern statutes do not require that the extortionate threat succeed; the making of the threat is enough. The statutes also vary with regard to what must be demanded for the behavior to be illegal. Some statutes, for example, prohibit the obtaining of "property," or "any valuable thing." Many extortion or coercion statutes prohibit compelling action or inducing someone "to do or refrain from doing any act against his will" (Lindgren, pp. 676–677).
American blackmail and extortion statutes, unlike those in England, usually enumerate the types of prohibited threats. The most common are: (1) the threat of personal injury; (2) the threat to injure property (whether or not such an injury is physical); (3) the threat to accuse of a crime; and (4) the threat to expose any matter that would damage personal or business reputation or would expose the victim to hatred, contempt, or ridicule. Many other threats are prohibited under some state statutes: (1) the threat to commit any offense or any felony; (2) the threat to physically confine; (3) the threat to impair credit; (4) the threat to expose a secret; (5) the threat to strike or boycott, if a labor representative is seeking a personal payoff for not striking or boycotting; (6) the threat to give or withhold testimony; (7) the threat of a public official to take or withhold action against anyone or anything; and (8) the threat to inflict any other harm that would not benefit the threatener.

Read more: Blackmail and Extortion - Blackmail And Extortion By A Private Person - Threat, Threats, Statutes, Property, Expose, and Crime http://law.jrank.org/pages/567/Blackmail-Extortion-Blackmail-extortion-by-private-person.html#ixzz1Dh2sTm00 
http://daksplace.blogspot.com/2010/10/full-disclosureblackmail-letter-sent-to_SCSCAI/BoD
Dwain Kramzar
Mr. Kramzar
I would be happy to extend my bet offer to you.
Just read it and agree to the terms.
As an aside have you reported the 'criminal activity' to the proper authorities such as METRO/AG/FBI/DOJ?
Bruce Alitt
 
Re: [SCBuzz] Re: NOTICE TO MS. GIBBS 2.10.11

You do know that Ms. Gibbs was at the 2/7/11 meeting don't you?
Therefore she knows what transpired. I saw her there and I do not know how long she stayed but I know she got the just of the meeting.
Eileen

am not sure what I will present Tuesday.  The memo below was intended
to make sure that Ms. Gibbs can not claim she has been harmed by
accepting the ED job.  It is an At Will employment and removing her
should not be followed by legal action.  Assuming Lorin makes a record
of giving her a copy she will not be able to claim ignorance.  I am
curious as to when she is actually going to start.  Her resignation from
Sky said she would leave 3/15.  She should not start here before 3/16
unless she has an agreement with Sky to stop active work for sky
immediately.  She can not work here while being paid by Sky unless our
Board agrees.
Don Gelbman

OPEN LETTER TO MS. GIBBS
> It is my belief that the process used for selecting a new Executive
> Director for SCSCAI was in violation of the law and could be
> successfully challenged by any candidate who submitted an application
> for the job or the new Board to be seated February 23, 2011.
> The Board voted in open session to make the Ad for an Executive Director
> apply to all applicants regardless of any previous, present or future
> involvement or desire to be involved with a CAM Certificate. Based upon
> the fact that we are self-governed there is no need for any Executive
> Director to have anything to do with the Nevada legislation that created
> the CAM.
> At the Board meeting in which they chose you as the candidate of their
> choice it was stated that the Selection Committee without Board approval
> in open session limited all candidates to be recommended to those who
> have a CAM certificate or could obtain one. This directly violated the
> rules the Board provided when the committee was appointed. That means
> there could be an applicant who would have been selected for
> consideration had his or her application discarded.
> We will soon have a new Board and one of their fist order of business
> should be a complete examination of the hiring process that was used to
> select you. In that case it would not matter how you rated, the Board
> will have no choice but to reopen the selection process. I hope the
> present Board has informed you of this possibility but if not this will
> provide informal notice.
> Don Gelbman, homeowner

Dwain Kramzar - Dwain for information purposes, much of what you refer to is correct, and though not known to many in SCSCAI, extortion and threats have been carried out several times, and are part of Nevada Metro incident reports, currently in open investigations.   I have followed the suggestion of the authorities not to publish to much information, except to notice that acts were committed and investigations are ongoing.   I have given the dates etc. on the chat line, and if interested, phone me and I will give more information.   There may not be resulting
decisions for finding anyone guilty, but if anyone thinks these acts by the few are not against the law, they best think again!

          Thanks,

                                                                       Bob  Passmonick
 



Bernard
My only objection is that our nor any attorney should be held responsible to "inculcate the Board Directors in understanding the responsibilities as Fiduciaries." They have to sign a paper that they understand this along with NRS 116 and our docs within 90 days upon becoming elected as a board member.
If it is anyone's responsibility it is the ED's and the board themselves. They should attend classes provided by several entities including the Ombudsman's office. If they do not understand the meaning of the word and it seems that some of them do not then it is up to us to not elect them, or petition them out of office. We do have proceedures set in place for that. Yes it takes a lot of work to remove a board member, however, looking at what happened in just 4 days as far a collecting signatures I know that this community can do it. We just have to want to.
Eileen McKyton 
entlemen.
As I have stated previously, our new Exec Dir comes on board with a huge baggage load because of how the LaVasseur Board ignored the membership petitions to delay the hiring of any Exec Dir so that the new Board, elected 16 days later could make the decision.
This has created a lot of suspicions among Sun City members about the integrity of the LeVasseur Board, and outside attorney Michael Schulman on this "Fix" that was obviously in place prior to the Board Meeting. 
LeVasseur and Beers are Candidates to be elected to the Board, and clearly do not
understand the meaning of their duties as Fiduciaries and should not be considered to be elected.  I also believe as I have stated directly to Michael Schulman Esq that he has failed to inculcate the Board Directors in understanding the responsibilities as Fiduciaries.
The new Exec Dir appears to have very little if any experience in managing a CIC the size of our Sun City, with about 250 employees and a $14,000,000 a year Budget.
Add to this that it is apparent from history that this CIC does not have a fully documented and workable Management System.
In my opinion, here are some of the key items that should be used in order to attain some level of transparency and efficiency.  YES!  'Trust but Verify' is great but 'Search & Discover' is also very important.
1.  All  persons, be they the Exec Dir, Directors, key personnel should be required to sign a 'NO CONFLICT OF INTEREST AGREEMENT' that clearly delineates that failure will be lead to dismissal or charges being made.  Those with Check Signature Authority or access to cash in many of our activities such as Golf or Restaurants should be Bonded.  Efforts to prevent any undue suspicions should made by have traceable receipts for money at point of sale.
2.  All Travel Expenses should be approved by the Exec Dir and subject to providing adequate receipts.
3.  All checks paid to anyone other than a Public Utility should be recorded on the equivalent of a check stub in order that an auditor may match amount paid with Invoice.
4.  Efforts should be made so that all Revenues and all Expenses are fairly attributed to the appropriate Cost Centers. 
5.  An expedited effort should be made to develop a Board approved Business Plan covering short term and long term needs and goals.
6.  No professional services should be purchased from any entity where there is clearly a
"Conflict of Interest"
7.  All Cost Center managers should be required to provide the Exec Dir, with copies to all
Directors, simple one page pre printed Weekly Reports than merely require the filling in of important events.  This nay be expedited via computer transmissions and it will assure all employees that their concerns are transmitted in a timely manner.  This will also reduce the times that Directors, seeking information, interfere with staff. 
        Let me add
A. This type of  Communications and Recording is a discipline that is
used in commercial companies.  What is shown above is certainly not complete, but it would be reasonable start and relatively easy to implement and helpful for all.
B.  Perhaps some of the above is already in place ..... if it is, it doesn't show and that is why there are too many secret meetings and communications.  How do I know?  There are
leaks.
Bernard Silver
===============================================================


--- On Fri, 2/11/11, seawolf1963@... wrote:

From: seawolf1963@...
Subject: Re: [SCBuzz] Re: Fw: [SC-SCOOP] NOTICE TO MS. GIBBS 2.10.11 - DRG
To: SCBuzz@yahoogroups.com
Cc: bod@...
Date: Friday, February 11, 2011, 9:59 AM

 
Don
I was not asking for your accolades. Just responding to your accusation of my sweeping things under the rug.
Now would you please respond to the following that I previously asked you, since you are running for the BOD on a platform of openness and accountability:
You claim to know so much yet what have you done in the last year? Please be specific.

You state that the procedure was "illegal." That is a very strong word for  an attorney to use in my opinion. Have you reported that "illegal" procedure to anyone as an officer of the court? Just curious.
Regardless of what you and others post, Ms. Gibbs is our, repeat OUR new ED and should be given every chance to succeed. That is my opinion and  belief.
Thank you
Bruce Alitt
Bernie Silver - Bernie to an extent you are correct, but to date I have been successful with elected officials in getting the job done, providing there is enough data to prove these individuals are acting possibly against State laws, and/or the SCSCAI governing documents.   Bernie I am far from finished once I go down this road.   We as SCSCAI residents have had little success in trying to simply stop the fools from hurting our many SCSCAI seniors - - - many not even realizing they are being taken.  For example Bernie, in 2009 when I tried to go down the correct and best road with the tax issue, the SCSCAI Board thought best to do nothing, this when I met with them three times.   I then filed the complaint against the Assessor with the AG,  who stated when they got back to me, that I was as stated, 100% correct, and the SCSCAI Board at the time was the opposite - - -100% wrong.    This current attempt on my part is to begin with the AG since I was successful in the past with that approach.   If unsuccessful, I aim to go to anyone and everyone else, even if it means writing to the Governor, for senior abuse was even a noticed issue in his campaign.

Bottom line Mr. Silver, is that the SCSCAI seniors besides being taken, are being made fools of by the few, and quiting or giving in to these SOBs is what has caused the SCSCAI problems to continue year after year.   Bernie we by now should be use to possible failure up front, such as the ten year back double taxation of the golf courses, where we managed to finally win a settlement for SCSCAI of near $300,000, the original turn down of the so called NORA plan, it now implemented and having brought in to the SCSCAI coffers several million dollars, the original turn down of the SCSCAI gaming issue, an issue that not only has been financially successful, but there now being an interest from what we hear by Templeton, to expand the gaming.

Bottom line Mr. Silver, as I have encountered in other HOAS, initially those with no HOA experience play politics, but like the NORA plan, it was turned down for four years, this while SCSCAI lost an additional $2,000,000, and only with our backs up against the wall, did the Board contact me to re-introduce the plan.  

To close Bernie, when your right and correct, yes you may still lose, but never should you quit, and with SOBS again as I say, taking advantage of the great SCSCAI seniors, something has got to be done to try to once more bring the ship on its correct course.   To begin I am working on the issue of indemnification, for when acting outside the guidelines knowingly on purpose, never should those that have been taken have to pay for those doing the taking.

       Thanks Bernie for your assistance as always,

                                                                         Bob  Passmonick

P.S.    To add and I say this loud and clear.  The office of the Ombudsman has been
           proven to be possibly the last place to go to help stop this mess.   The CAI
           influence has even reached that venue.   If as in several other States, if the
           Ombudsman was brought directly under the Nevada State AG, you can bet
           you would see some change!       
Eileen:
I know you support the CAI but at least for our HOA they have not been
helpful. That being said, our Board and the ED knowingly and willfully
violated their Fiduciary Duty. They have for years so there is no
reason to beat up on legal counsel. He aided and abetted but every
Director knew what they were doing was wrong. Some tried to fight the
flagrant violations but they all allowed the Board to operate without
transparency and none of them ever demanded accountability.
Don Gelbman
  
Eileen:
I guess that Ms. Marilyn forgot to mention it for the record. The
Agenda and Board book says nothing about our having an ED but I believe
she will be there. We will ask her if she is as bad as we think she is.
She should be given every opportunity to explain herself and the next
Board meeting is the perfect time.
Don Gelbman
Bernard
My only objection is that our nor any attorney should be held responsible to "inculcate the Board Directors in understanding the responsibilities as Fiduciaries." They have to sign a paper that they understand this along with NRS 116 and our docs within 90 days upon becoming elected as a board member.
If it is anyone's responsibility it is the ED's and the board themselves. They should attend classes provided by several entities including the Ombudsman's office. If they do not understand the meaning of the word and it seems that some of them do not then it is up to us to not elect them, or petition them out of office. We do have proceedures set in place for that. Yes it takes a lot of work to remove a board member, however, looking at what happened in just 4 days as far a collecting signatures I know that this community can do it. We just have to want to.
Eileen McKyton 

  


 

No comments: