Resident Files Official Complaint

[Rana Goodman]

Official Complaint Against David Berman

Published with written permission of  Robert Stern

To:       SCACAI:

This is an official complaint against David Berman homeowner in SCACAI as he has violated as evidenced below and elsewhere in his journal (click more recent articles) to his claimed 4,000+ subscribers the Anti-Discrimination- Anti Harassment Policy by attacking my character and creating a hostile environment for me in the community. In addition, he is in violation of NRS116.31183 as he is encouraging retaliation against me for exercising my free speech rights in pointing out to fellow homeowners the financial downside of the Yorktown Grill amenity.

He claims and encourages retaliatory action against me by the Association for a civil charge that has no basis in fact or law. And he takes independent action to collect (in his view) evidence. As you may know I already have charges pending for the weaponization of SCACAI legal counsel in an attempt to silence me and perhaps Mr. Berman had a role in that decision as well.

Mr. Berman with regular communications with the GM/COO and certain board members considers himself a self-appointed super delegate with the blessing and without objection of the GM/COO and certain board members.

He too has a right to free speech but crosses the line with his personal attacks intended to cause me harm and injury in the Community. I urge you to cease and desist all communications both oral and written with Mr. Berman regarding SCACAI activities and don’t provide any content for his “David’s Anthem Journal.”

I do oppose the Yorktown Grill because in my opinion it has been and will continue to be a financial drain as all previous restaurants failed, but the board has accepted that risk in its budget and declared the restaurant an amenity.

There is no problem with expressing my view to homeowners as the 71% Main Association Reserve account is under financial pressure with a 2023 Reserve Study pending and as a financial professional, I am expressing a financial opinion. The restaurant will be a financial albatross in my view and stopping the bleeding is in homeowners best financial interests.

Mr. Berman is free to disagree with me but not to attack me and my character because I disagree with him. His accepting documentation on behalf of the board for possible later retaliation and implying my wrongdoing creates a hostile environment for me in the community. I expressed a violation of the governing documents with a 25% assessment increase that I believe is limited to 20%. He can disagree and so can the board but encouraging retaliation and smearing me on social media aimed directly to the Community for my views is a violation of policy and NRS116.

Under Policy 21.09 I ask that you immediately initiate action against Mr. Berman. I will accept a written apology with a recanting of his stated and implied attacks on the same social media platforms with the same distribution delivery where his comments were sent.

I also ask that Mr. Berman agree to, after the written apology, to refrain from future references to me of any kind. In the alternative if he would prefer, I would accept if he donated in a lump sum $10,000 payment to SCACAI by February 28. 2023 to be applied as an offset to the restaurant expenses.

Please acknowledge receipt of this formal complaint and proceed accordingly.

Robert A. Stern

[Shirley Otradovec]

I’m confused.  Is Mr. Stern making a public outcry/complaint or is this a copy of a complaint he submitted to the HOA?  It is every resident’s right to file a complaint with the HOA office; and that complaint will be processed within the violation policy if substantiated.  So, what exactly is this?

[Rana Goodman]

Shirley Otradovec, this is the text written by Mr. Stern of his actual complaint that was filed with the HOA.

Rana

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