Everyone wants to live in neighborhoods where the consent of the governed matters. SHCA has effectively been an autocracy for over 24 years. How can we as Americans not think this is wrong?

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OWNERS HAVE BEEN DISENFRANCHISED. I see the board's unilateral removal of an elected director from office election manipulation. Owners and elections should be respected. We have rights to elect those that govern our community. I ask owners learn and recognize the appointed board's straw man and gaslighting (start here). Our home investments and community's future are at risk. 

 

SHCA acknowledges over 78% of the HOA's Maximum Units are conveyed. The May 2021 Nevada Appeals Court Order in Kosor v NRED found : "Both Nevada common-interest ownership law and the master declaration required that the Declarant's [Southern Highlands Development Corporation] control over the SHCA [Southern Highlands Community Association] would terminate after conveying 75% of the units within the SHCA." Based on a Maximum Units allowed of 10,400, the Declarant's control should end once 7,800 units are conveyed. SHCA's Annual Association Registration (see Form 562) filled in January 2022 notes 8,303. According to the State's regulator (NRED) as of September 2020 over 8,000 units were conveyed. But the SHCA Board refuses to act to end the Declarant's control of our association. 

 

Our community is recognized as one of the finest in Las Vegas impacting home valuations and quality of life that must be protected. Below are issues I believe need to be addressed as our community moves forward. They should serve as reasons for owner concern. 

• After more than two decades owners still do not have exclusive control of their community. I believe this is wrong and do not find SHCA and its developer's claims in retaining control creditable. I question the legitimacy of the board. Read why here. Unnecessary litigation has resulted and is costing owners. More can be found here.

• Security and public safety need to improve- but not through owners simply paying more. I see Clark County's failure to increase fees levied against developers (called PFNA) to fund public safety infrastructure a major contributor to what is now an inadequate level of police and fire presence in SW Las Vegas. If not aggressively addressed owner quality of life home values will be impacted. See LVMPD's crime mapping app here and a Fox 5 New article on crime here. 

• As one of only two elected directors on the board, I was:

  • removed as your elected representative- my directorship was vacated. 

  • denied a position on the present board of directors election ballot.

  • wrongly denied access to Association records. 

  • denied responses to my financial and operational inquires while serving as a director.

  • excluded from the 2024 board budget construction actions and its approval. 

  • rejected staff orientations I requested related to association security and compliance.

  • the subject of retaliation.

  • in the latest chapter, the target of an unlawful and costly administrative action by the Board that was of no avail. More can be found here.

• Our assessments should be lower with improved quality.  

• SHCA ownership and operations of "public" parks expose owners to unnecessary liability and excessive costs. This needs to end.

• I do not believe owners are well served having both the Board and manager controlled by Olympia- an entity with competing interests. For example:  

  • No bid contracting with major vendors is inappropriate - especially for our community management, wholly owned by the developer.

  • Olympia could again change our CC&Rs without owner consent

  • Refusal of the board to use an "independent reviewer" to conduct board elections while the developer attempts to influence board elections.

  • The board's failure to keep owners adequately informed. Owner apathy by design?

  • Incestuous relationships are vulnerable to abuse - for example: spending almost $7,000 (not counting decorations) for a Christmas tree placed on the private property of Olympia.

• I strongly believe in the value of relevant and timely communications with owners. SHCA can do better.  Where information is lacking, rumors often fill the gap. 

  • Make the community's website more owner friendly and relevant.

  • End the board's refusal to resume in person meetings (while retaining virtual attendance).

  • End board "secret" deliberations.

• We need to use of our community's significant political voice to engage with local elected officials on development issues and legislation adverse to HOA owners. When owners lack a real voice, proposals advanced by special interests win. Some examples:

  • The turf conversion mandate is costing HOA owners millions. It was advanced so Las Vegas could continue to grow, despite what is now being acknowledged, the water saving advanced will not materialize.  (read the ProPublica article)

  • Our County Commission has the power to retract LVVWD's Excessive (water) Usage Charges. While we as a community have a responsibility to be good stewards of our water, expanding the Government's tax base appears the true misguided objective of this effort.

  • County Commissioners are systematically underfunding public infrastructure. We are being encircled by high density development while the public safety and parks/green spaces required go grossly underfunded (read the Nevada Current article). 

  • The outsized influence of special interests are running counter to our community's interests. 

  • Failure of the County and Olympia to provide the amenities originally promised                 for our Sports Park are not being addressed. (Read more here) (News3 story here) 

• Owners should not fear getting SLAPP-ed and silenced for getting involved. 

• Owner's seeking a board position should not have their on line presence, background and domestic relationships investigated and reported to the Board. 

• End a developer's ability to change our CC&Rs without owner's consent.

 

Lacking transparency and electoral accountability, when the time comes owners and those that govern disagree on the direction of our community, owners will have little recourse.

 

Bottom-line: Owners need to get involved. Become knowledgeable and ​make your voice heard. Waiting until your personal interests are specifically threatened may be too late.

 

 

More owner information

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My SHCA board application

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Declarant Control- a dark little secret

 

My 2023 open letter to owners- Board in Crisis

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Who's running your HOA? (a Nevada Current article)

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My responses to Olympia's letters to homeowners:

2021 letter

2020 letter

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Owner voting rights - why so personally important?

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Bill (SB417) designed to chill homeowner criticism of HOAs (a Nevada Current article)

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Nevada AG argues the earth is flat (my op ed)

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Remedies to improve HOA owner value and experience 

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Transparency is the key

 

Director Fiduciary Duties

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Despite my landmark Nevada Supreme Court ruling  defeating Olympia's attack on free speech, HOA owners speaking out remain at peril- this needs to change

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