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Our world is upside down these days. Truth Justice and the American Way used to be virtues worth fighting for, but we have become divided into factions. Good vs. Evil used to be a common theme that we could all relate to. Then the Lawyers took over and everything got clouded as to what was good. Religious people regardless of faith know the difference. The media helped destroy truth. And all of us are only as good as our information when trying to evaluate a situation. One blogger represents himself many times as “this reporter”. But “this reporter” has his own agenda and many times it is not founded in truth. It is founded in distortion presented as fact in order to advance his agenda. It’s the new normal. We may never get back to Truth, Justice and the American Way. We are all victimized by misinformation, disinformation and nobody knows who to trust.
The rule of law doesn’t seem to matter and when it does there is no one to enforce it so our society breaks down. SCA like our country has a political crisis and all the stops are coming out as those in power want to remain in power as that is the prize. The only power that homeowners have is their votes to elect a Board of Directors. And that isn’t full proof as that process is contaminated too. But that’s the best we got.
The blogger that writes DAVID’S ANTHEM JOURNAL also known as “this reporter” has been described as THE DEVIL’S DISHONEST DISCIPLE! When I heard that I thought only the good had disciples. I was accused by that blogger of having been “a corrupt member of the Anthem Highlands Board of Directors”.
What does corrupt mean? NRS193.013 says that “Corrupt means import a wrongful desire of a person to acquire or cause some pecuniary or other advantage to himself or herself or another person” There is no evidence to support I was corrupt and thus “this reporter” committed libel. That’s a form of defamation.
Libel is defined in NRS200.510(1) and I will paraphrase.” libel is a malicious defamation, expressed in writing to impeach the honest, integrity, virtue or reputation thus exposing them to public hatred, contempt or ridicule,” In Nevada it is a crime.”
NRS 193.140 states that a conviction of this gross misdemeanor carries a max. 364 days of jail time or by a fine of not more than $2,000.
Is it worth filing a police report? Probably not in our policing environment. But is it worth a civil lawsuit for defamation? We shall see as the Statute of Limitations starts now.
I WAS NOT A “CORRUPT MEMBER”, as “this reporter” reported.
What are the 5 Elements of Defamation?
1.Publication of Information is Required……..Element met.
2. The person being defamed was identified by the statement…….Element met.
3.The remarks had a negative Impact on the person’s reputation… Element met.
4.The Published Information is demonstrably false… Element met.
5.The Defendant is at Fault… Element met.
But perhaps it’s time to turn the other cheek. What’s our objective? The best interests of homeowners is the answer.
“This reporter” directs his audience to examine the NRED document. Please do. The conclusion of that document does not support a conclusion of me being corrupt. A sister document that charged Charles Hernandez found him guilty and made him pay fines and costs. No finding of guilt in my case as I was a champion of homeowners’ rights and was fighting for the best interests of homeowners. I won. And yes, I accepted a 10-year prohibition of serving on HOA boards in Nevada. I wanted a lifetime ban. They laughed when I requested that change. Joseph Decker, Administrator who signed the document on behalf of NRED, would confirm what I have said through testimony. And NRED had an incentive to settle because they wanted to be released of any liability for their actions. Read the document. It was an amicable settlement. It was a WIN! WIN! Mission Accomplished.
In my book I concluded that the only way to fix the problems of financial mismanagement and abuse of power in an HOA is to replace the Board of Directors. I helped Anthem Highlands achieve that goal through elections. I left Anthem Highlands in good hands with a functioning competent board. That was the goal. The baton was passed.
And so here we are at SCA. There is financial mismanagement and there is abuse of power. The only way to fix it is via elections and the electorate is going to have to choose. I urge all of you to vote for the 4 new candidates. It won’t be perfect. It never is. But it will put us on the road to eliminating the DEVIL’S DISHONEST DISCIPLE. And accordingly, perhaps the abuse of power will disappear, and financial responsibility will return to our governance.
You decide. The pocketbook you save may be your own.
God morning Shirley,
I will have a talk with Robert. I hate to restrict anyone from posting, which is why we have given him freedom to post often but although I agree with many of his points of view, we will talk with him about limiting his posts.
Rana
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