for the
Southern Highlands Community Association
(SHCA) Board of Directors
As a former Director this is my assessment of our community's governance and Nevada's HOA laws-- changes are needed*
(Selecting an underlined word on this web site will provide additional information to owners.)
First and foremost, I believe character and experience matters. Start here in making your assessment of my motivations, values, and track record. Find here key election issues and my positions.
For years I have been attempting to get an answer to a seemingly simple question: Has the trigger point for Olympia to cede control of the SHCA to its homeowners passed? I believe it has. Read more below and here.
The HOA-owner relationship is adversarial by its very nature. "The longer the developer retains control, the greater the likelihood of conflict."** Owners must not place an abundance of confidence in the association that it can or will function with their individual interests at heart. Obtaining the consent of the governed and accountability for those who govern via board election matters. It is a paramount check on the powers of the HOA. Yet, SHCA has effectively been an autocracy for over 25 years electing only a minority of the board. What democratic principles are you willing to lose before acting? Please learn and vote.
SHCA OWNERS DISENFRANCHISED. In May 2023 the declarant's controlled board unilaterally acted, without a recall election as is required, without authority from the state's regulator, and without a court order, to oust me from the directorship owners elected me to fill. In April 2024, responding to my defense of the ouster, the same board opened a civil action against me for simply applying for re-election. Their action seeks attorney fees and damages, despite not alleging any damages occurred. The board seeks to silence my voice and those of the owners who elected me to represent them. Just as in Olympia's prior defamation action, its proxy, the SHCA board, is using the threat of fees and damages in the furtherance of action I believe is unlawful- bar my candidacy and silence efforts to inform owners.
An too common HOA strategy — demonize and belittle the homeowner, bring the resources of a large law firm to bear using the purse of owners, seek huge attorney fee awards against the homeowner and chill.
The actions of SHCA's developer and the board it controls sends a clear message to every homeowner who may in the future seek to speak out, seek the law be enforced, or simply apply to be a director- -do so at great personal and financial peril. "It is difficult to image a denser pall cast over association governance than the prospect of being named in a lawsuit for simply..." applying to serve or seeking enforcement of the rules and laws. (Duffey v Superior Court, Cal App 4th 425 (1992))
Owners and electoral actions should be respected. As an owner we should have the right to elect those that govern our community. This is not the case in SHCA. Owners need to recognize our appointed board's straw man and gaslighting (start here). The investment we made in our home and community's future are at risk.
A 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." SHCA has acknowledged for many years over 8,000 units, exceeding 75% of the Maximum Units, have been conveyed. An annual Association Registration (see Form 562) filled in January 2022 asserts 8,303 units annexed. Here is a December 2023 letter to the Clark County Commission signed by SHCA's President on behalf the developer with a similar number. The SHCA Board refuses to act to end the Declarant's control of our association and provide for owner election of all directors, as the law and our CC&Rs require. Nevada Real Estate Division, our regulator, has turned a blind eye. Litigation has resulted. Details can be found here.
Even if Olympia relinquishes its now quarter century control over SHCA, owners may not have real autonomy and true self-governance. Read why I believe this here along with legislative proposals to correct this going forward.
More owner information
Developer's record donations to Nevada legislators (a Nevada Independent article)
My 2023 SHCA board application
Nevada HOA Law Injustices
Declarant Control- a dark little secret
Remedies to improve HOA owner value and experience
My 2023 open letter to owners- Board in Crisis
Who's running your HOA? (a Nevada Current article)
My responses to Olympia's letters to homeowners:
2021 letter
2020 letter
Owner voting rights - why so personally important?
HOA regulation in Nevada ineffectual (a Nevada Current article)
Bill (SB417) designed to chill homeowner criticism of HOAs (a Nevada Current article)
Nevada AG argues the earth is flat (my op ed)
Transparency is the key
Director Fiduciary Duties
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
* Staying informed of governance issues, particularly in an HOA, is difficult. This is not lost on those who wish to take advantage. It is one reason I constructed this site. I seek an exchange of ideas and your feedback. Importantly, this site seeks to inform not just SHCA owners, but all Nevada HOA owners.
I am not an attorney. My comments and those made by others in the links provided on this web site should not be considered legal advice. They are my opinions developed from researching and fighting for SHCA owners and Nevada HOA owner rights for years or are the opinions of the authors noted. They are not the collective position of the SHCA Board, nor that of its developer, Olympia Companies. All court filings appearing on this website are intended to make it easy for readers to obtain legitimate information.
If you find an error(s) of fact in anything on this website please let me know so it can be corrected. If you wish to provide opposing views, whether to be published here or otherwise, I'd like to hear from you. I can be contact using the form at the end of this page.
** From the Restatement (Third) of Property (Servitudes) § 6.19 (2000)
Last updated 03/31/25
My Pledge To You
My pledge to Southern Highland homeowners is to work hard to preserve our quality community and our rights as HOA owners. I will demand the SHCA Board be fully transparent, insist on strict controls of costs, maintain a high quality community, work on our community's "big picture" issues, while truly listening to and always placing owner’s interests first.
Be assured I have no ulterior motives in serving on the Board. I am not looking for community exposure to further a business and/or career ambitions. I am happily retired from any and all business pursuits.
Our democracy and governance systems are rooted in the concept those governing are freely, fairly, and collectively elected. The US Constitution was to create a legitimate, trustworthy government, one that would counteract human nature to be selfish and controlling of others, by creating checks and balances. Those checks and balances don't exist in HOAs. Thus, if Southern Highlands it is to work as advertised it requires your participation in our Board election. Developer appointments must end. Owners must have trust in each and every director.
I will always be mindful of the special trust and fiduciary duty of the position. I will work to end any fear owners may have regarding retaliation by our Board or others for making appropriate comments- even vociferous criticism of SHCA governance.
Decisions made must work to improve the community as a whole, not just a select few.
I hope my experience, character traits, knowledge, and priorities for our community going forward is deserving of your confidence.
The 2023 election count was conducted 3/13/24. OMS announced Marc Lieberman the winner receiving 598 votes (approx 7% of owners). .
Mr Liberman failed to disclose in seeking to be an owner elected director, he was a sitting declarant appointed director.
Ballots for the current election are due NLT 8:00 am Friday March 14, 2025.