Dear Fellow Southern Highland’s Homeowners

               

         Subject: Response to Mr. Goett’s letter

 

It is unfortunate Mr. Goett, the owner of Olympia Companies and SHCA’s developer, has seen fit to attack my candidacy and make negative remarks about me, in his recent letter to SHCA owners (find a copy here).  Elections should be civil efforts where alternative ideas are exchanged. Apparently, this is not the case in his community. While I support Mr. Goett's right to make his opinions known, I am confident SHCA owners will see his appeal for what it is- a last-ditch effort to hold on to his “legacy”.

 

I understand the desire to hold onto one’s creation and support the people that helped you build it. But our community is no longer just his. 

 

Mr. Goett was correct in describing Southern Highland’s as a truly great place to live. Understandably, he sees it “as much more than an investment.” He did a great job and I suspect it made him a great deal of money- as it should. Owners should be appreciative of his vision- as I believe most are.  It is after all, why I invested here and continue to tell others they should do the same. I plan to spend my retirement years living here and serving as needed.  

 

Where we simply disagree, I no longer see the community as his. “Working together” as Mr. Goett suggests, is what we should be doing. I’d hope Olympia continues to do so and not “walk away” as he wrongly suggested is my objective. However, I see working together a far cry from having our governance controlled by Olympia thru its appointees and management company. We homeowners own this community, dwarfing any remaining interests Olympia may have.  As such, I see our long-term future best guided by an independently governing body where all directors are elected by the owners. This is not a radical idea.  

 

As you consider who to believe and who to vote for, I ask you examine what Mr. Goett did not say.  He did not tell you I live in his neighborhood where I served three terms on our community’s sub-association board.  I was overwhelmingly re-elected each time, despite his occasional opposition efforts. You also did not hear that Mr. Goett and Olympia Management Services (OMS) filed a defamation action against me when I last ran for the SHCA master board talking about things owners did not realize were going on.  The action continues as I disclosed on my web site.  Feel free to use the links I have provided to read his claims and my defense.  

 

Having opposing ideas should not make me or anyone else an enemy.  It should be what makes communities better. Most important, no owner should be attacked like I was for appropriately speaking up and speaking the truth- not by any HOA developer, management company, or other deep pocket.  

 

Contrary to the false narrative being perpetuated, my platform for leadership change in SHCA has nothing to do with the people working for Olympia.  I simply see Olympia’s span of control too encompassing. I ask, does having Olympia’s employees controlling our board and the leaders of Olympia’s management company (OMS) handling our daily operations, give you assurance your interests will come first?  Even if Olympia were seen as doing a good job? I believe at least one of the groups must go to ensure all SHCA owners have some reasonable “checks and balance” in place within our community governance. An independent board overseeing Olympia Management (my objective) or a developer appointed board overseeing an independent manager, is a must.

 

Mr. Goett did not tell you his development company originally tried to transfer many of our “public” parks to Clark County in 2005. Now he feels this would be a bad idea. The park transfers never ultimately materialize. The County tells me they do not know why. Really?

 

Also not mentioned, was how the parks were “transferred” to the association. The transfer did not include any of the County mandated association acknowledgments of required obligations.  This is significant and came to light after I and a few like-minded owners started asking questions a few years back, in part due to the many delays in getting our Sports Park delivered.  But still, no real answers from our board. The actions our board has taken since, I consider to be inappropriate.  

 

Now our developer would have you believe the parks will not be maintained properly if under County control and property values will be affected. Another façade.  I point to Mountain’s Edge and other communities where the County maintains many excellent parks.  I see no evidence the SHCA parks, where public access is mandated, would be maintained differently. The owners of SHCA have no business running public parks.  We also have no business paying for the maintenance of parks accessible to all county residents. We certainly do not need the additional liability operating public parks on private land may bring, plus paying all the regular taxes that go to support the rest of the county’s park system.   

 

Park control is an issue of owner's rights. Owners were never asked if this park “arrangement” was what they wanted, despite accounting for more than a quarter of our total assessment each year. There has never been a collective vote of SHCA owners to take on this obligation, as I believe the law requires.  All I have requested is an explanation. I ask owners have their voices heard. If owners agree to retain these parks then we press forward unchanged. This was ignored in Mr. Goett’s appeal.  

 

I did not see a discussion of the SHCA board, long under Olympia’s control, advocating for the community’s collective interests before our County Commission and/or state legislators.  Olympia corporate interest are always represented before the Commission. But are the community's? At times Olympia’s corporate interests’ conflict with those of the community’s owners. I regularly attend Commission meetings as Mr. Goett points out and follow its actions closely.  I even serve on a county stakeholder group looking into developer funding of public infrastructure (PFNA fees). But I do not recall having ever seen a SHCA board member there, even when the issues being considered impact our community or neighboring ones.  You will find a number of examples on my web site.

 

At the state level, our board has long paid a lobbyist. But what are the issues, feedback, and/or owner updates our lobbyists has been paid to advance?  There is certainly no shortage of possible changes to Nevada’s horrific HOA laws that could benefit SHCA and its owners.  I have identified many in my campaign information. Unfortunately, it is my assessment, the board’s silence on this front is often damaging and occasionally even a strategic gain for others.

 

Lastly, but likely most important, our community has been in existence for nearly twenty years. I believe it should have been operated under a board elected exclusively by owners, years ago. The board admittedly disagrees. But why? Today, despite Clark County’s count of units in Southern Highlands, indicating more than sufficient numbers to mandate control change, things remain unchanged. Here again, I have repeatedly asked why this has not occurred. It appears the board counts units differently but has provided no clear explanation and/or a reconciliation.  I have asked some other hard related questions on control change. Again, no viable answers.   

 

Left with no alternative, I filed a number of related complaints over the years with the NRED in the hope it would get the information our board has not provided.  As Mr. Goett noted and only after years of trying nicely, I decided a district court challenge might get NRED to simply do its job and properly investigate owner complaints- mine included. It marked the very first legal action I have ever initiated in my life. I felt it was important and something that could benefit all HOAs, to include SHCA. Once again, the link and court filing can be found on my web site. See if you agree.

 

Importantly, my efforts against NRED is costing the owners of SHCA nothing. Neither SHCA or Olympia are a party. My issues boil down to NRED’s failure to act as a responsible regulator, perform its duty under the law, and resolve a simple question - why SHCA’s declarant control change has not occurred.  Once again, I do not see this as a radical request.

 

A final note on the complaint related allegations being made. NRED has never determined any of my complaints to be frivolous, as was claimed. If the association has indeed spent the kind of money Mr. Goett claims, defending itself against my administrative efforts, all outside the courts, then I too am upset with how our assessments are being used.  And I ask why the expenditures? Many of my complaints simply resulted for SHCA failure to produce documents owners are entitled to inspect. They were requests for documents any Olympia clerk could/should have easily provided. What is there to hide anyway?

 

I ask you to read my actions and make your own decision. I understand accepting the word of others in today’s toxic environment is fraught with danger.  It will require you to do little research to get the real story, as I have done. You will find all the links and notes you will need on this web site.

 

If you agree with me, I ask for your vote. If not, this is why we have elections. In any case, we should all work to keep SHCA the great place it is today and will be into the future- with a few changes. Facts and ideas should guide our actions. It is truly unfortunate some in our community cannot seem to disagree on ideas without being disagreeable.

 

Thanks for taking the time to read this. I would greatly appreciate your vote.

 

Respectfully.

 

Mike Kosor