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#3865
Norman McCullough
Participant

Ron Johnson has recently published his opinion of the Recall Effort and he is against it. At the same time he publishes his own scathing opinion of Our General Managers (and the Attorneys the Residents pay for) actions and HE REPORTS A THREAT MADE AGAINST HIM BY OUR ESTEEMED ASSOCIATION. Here is what he reported regarding the ethics of some of our past Board Members and our new manager.


On a different and more personal matter, affecting me and members who would like to believe that the Board always acts honestly and ethically, I maintain that the current Board has grossly abused their power in refusing to permit members to access certain records which legally should be made available to any member under existing law but which are being hidden from view by outright denial under the guise of attorney-client privilege in order to avoid embarrassment, at the least, an accusation of malfeasance, or potential criminal conduct, at worst.

In November 2016, I participated in a formal hearing pursuant to Nevada’s Alternative Dispute Resolution process. The hearing was held before a mediator, who had a thorough knowledge of the statutes that affect homeowner associations, General Manager Sandy Seddon and CAM Lori Martin, who primarily observed the proceedings, and legal counsel. The purpose of the hearing was to ascertain whether the Association and I could reach a mutually agreeable resolution to my request for access to certain association-prepared tax audit records that the Association had submitted in 2012 to the IRS in an offer to settle a disputed $1.345 million IRS claim. The hearing did not result in a mutually agreeable resolution.

The completion of that hearing process, which followed extensive administrative efforts by me to acquire access to those records, was a necessary requirement prior to my initiating a court proceeding to have this matter adjudicated. While an aggrieved homeowner has a right to bring such legal action in court, the exercise of that right might be constrained by very practical considerations related to the high cost of court proceedings.

What I did not count on, however, was the extent to which the Association was prepared to thwart my future efforts to gain access to those tax-audit records. Before three hearing witnesses, the Association made it abundantly clear what I would be faced with should I pursue this matter in court. The Association threatened to sue me for malicious prosecution in the event that I filed a complaint in court.

One might reasonably conclude that the Association did not want those requested tax-audit records to see the light of day.

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It becomes clearly evident that our Board Members and our new Manager are jointly participating in a “Cover Up” to protect some of our past Board Members who (Quote) “grossly abused their power in refusing to permit members to access certain records which legally should be made available to any member under existing law” (Un-Quote)

Question: Where else in America can a person be threatened to be sued by their HOA for malicious prosecution for exercising their rights?