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ANOTHER EXAMPLE OF OUR FUMBLING FINANCIAL THINK TANK…… How much have they spent from SCA funds to avoid returning $564.00?
We have had several board of directors come and go since May 27, 2010 and all that time Norman McCullough has been attempting to get justice for the wrong that was done to him by a community manager and a board of this association.
There have been many times that I have told Norman to move on about many issues, but not this one, because this one was so greatly unjust, neither of us have been able to move past it.
Today I sat in Small Claims Court beside Norman ready and willing to relate to the judge exactly what REALLY happened that day six years ago. Instead I heard attorney Ochoa, representing SCA testify that the association had every right to ban Mr. McCullough from the property for six months, every right to fine him because he assaulted someone and now it was past the statute of limitations to try to get the fine back.
The judge agreed and said Norman could appeal within the next 30 days. I was not allowed to say a word….. But here is the problem… From the very beginning, Norman has taken every step the law says he must take. He filed with the Real Estate Division who wrote to the SCA Board, then he filed for “dispute resolution”, you must do that before you can sue. He attended mediation and was then given permission to sue by the mediator. He filed in small claim court and went to the Regional Justice Center who moved the case to Henderson. All of this takes time…. AND MONEY WHEN THE SCA LAWYER IS RESPONDING.
The point is that Norman was asking for the return of the legal fee originally charged against him for $564.00
He had been banned from the facilities for 6 months. I had signed an affidavit that he did not assault anyone and was standing within two feet of him at the time. The real estate division wrote an advisory opinion that the attorney’s fee was improper.
Each time there has been an appearance from SCA there has been legal counsel. What have the total fees been for all these appearances? I can assure you that they far exceed the refund Norman McCullough is seeking.
My mother used to say “penny wise and pound foolish” (she was a Brit so change pound to dollars) but when I sent an email to the board in 2011 and suggested that they start the New Year off by doing the “right thing” and returning Norman’s $564.00, looking at what SCA has spent on top of that today is by far, “pound foolish….”
Any guesses on what the checks to the lawyers are to date?
Yesterday we found out just how far our new Manager will go in order to protect the illegal behavior of some past SCA Board members. One only needs to analyze what changes have taken place under their new management.
Everything you said about what happened yesterday is true of course, but it leaves a lot of unanswered questions about the process that led up to the disappointing result. The new management and their new staff of lawyers have now completely eliminated the Las Vegas Small Claims Court from handling ANY complaints from the members of Sun City Anthem. Now any member who pays dues to this community no longer has the right to have their case heard by the staff down town in Las Vegas. Now all members of Sun City Anthem MUST use the Henderson mediation provided in downtown Henderson and if that fails to produce an agreement they MUST also use the Henderson Small Claims Court to seek Justice.
This turn of events has left some unanswered questions that I think can only be answered by our new manager Sandy Seddon so I hope she reads this and responds.
Sandy;
You and two of our lawyers were paid to attend the Mediation that was held in downtown Las Vegas. You knew at the time that it was not conducted or ordered by the Henderson Small Claims Court so why did you (or the two lawyers) not object and tell the Mediator she did not have the right to conduct the session?
You and at least one lawyer were also paid to attend the mandated Mediation held yesterday prior to the Court session. The same issues and expenses were again discussed and the result was the same, so can you tell me how much of my dues were used to pay that expense?
Have you notified the Trust manager of the property where I live and informed him of these events?
I would appreciate a prompt response if you don’t mind because as you know I have a limited time frame in which to make a decision about appealing.Norman McCullough
Update: I received an Email from the Association’s Attorney informing me that the Association is willing to agree “not to pursue collection costs that may be anywhere from $300 to $500” in exchange for a release of my claims and an agreement not to appeal the decision reached at the Henderson Small Claims Court.
Once again I had to tell the Association’s attorney that I am not the owner of the property and I am not going to pay for his services since I already pay dues that support his salary and I referred him to Boyce & Gianni who handles the Trust on the property. I also informed the Association’s attorney that I have never agreed to nor have I ever signed any documents that indicate my acceptance of the CC&R’s or any of the Association’s bylaws and Rules ad Regulations. These are documents that are signed when a person buys a home in Sun City Anthem but I have never purchased property here and even if I did I would never sign an agreement that gives any authority over my rights as a citizen of Nevada and of the United States. When I took my wedding vows in 2001 I don’t recall saying “I do” to the Association’s cut throat lawyers either.
What (or Who) is JJD ?
JJD is a shortened term For “ JANE OR JOHN DOE” that is used in the following article.
WHAT IS THE DIFFERENCES BETWEEN THE LAS VEGAS SMALL CLAIMS COURT AND THE HENDERSON SMALL CLAIMS COURT AND WHY THE SCA LAWYERD PREFER THE LATTER ?
If you have ever utilized the services provided at the Las Vegas Small Claims Court you know the process. They are a busy place and the State employs many employees that register and record the complaints and applications for Small Claims Court dates.
The Las Vegas Small Claims Court DOES NOT employ an JJD’s because when you submit your Small Claims papers AND YOUR EXHIBITS they are immediately scanned into a file that is presented to the assigned Judge for his consideration. In just a day or two you will receive an Email with the attached file that you can access on your computer. ALL the files AND exhibits that were submitted are made available to you as well as the Judge before the trial date is determined.
You wont know the assigned Judge until later when you are notified via Email, but the Judge has access to all the files and all exhibits filed by the defendants AND BY the plaintiff and he/she examines BOTH before the trial date.
It doesn’t work that way in The Henderson Small Claims Court. There they employ JJD’s to record all the papers and exhibits that you present bring to the Henderson Small Claims Court. The Documents and the Exhibits submitted ARE NOT scanned into a computer when they are received and you will not be able to download those files on your computer later.
In the Henderson Small Claims Court system ALL the documents and ALL the Exhibits that are presented to the assigned Judge is decided by a JJD. In my case the only documents and the only exhibits that were submitted to the Judge for his consideration were the documents submitted by the SCA lawyers. NONE of the documents and exhibits I submitted were turned over to the judge for his consideration before he pronounced his decision.
* JJD withheld my lawyers sworn testimony regarding Jack Troia and his violation of my Civil rights to “Due Process“.
* JJD withheld Rana Goodman’s testimony that proved I did not “POKE” anyone.
* JJD withheld ALL the emails and other exhibits that were presented and discussed in the mandated Mediation Process.
* JJD withheld the published Result of the completed Dispute Resolution that was signed by myself, Sandy Seddon (CAM) and two SCA lawyers.
* JJD withheld The Completion Certificate issued by the State of Nevada declaring that I had complied with all Nevada Statutes and was entitled to a Civil Court Hearing.
* JJD withheld the DATE when a Case was opened AFTER the Completion Certificate was issued.
JJD SAW TO IT THAT THE ONLY DOCUMENTS AND EXHIBITS THAT WERE VIEWED AND CONSIDERED BY THE HENDERSON JUDGE WERE THE DOCUMENTS AND EXHIBITS SUBMITTED BY THE SCA LAWYERS.
My advice to anyone who has been victimized by their HOA in Henderson is this. DO NOT RELY ON THE HENDERSON STAFF TO SUBMIT YOUR FILES AND/OR PLEAS TO THE ASSIGNED JUDGE. Instead I would suggest that you send them via certified mail RRR to the “Judge Assigned to Case No (insert Case No.). and don’t loose the post office receipt after delivery.
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