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SHCA homeowners received yet another unfortunate letter from Olympia's founder this year during the election period.
My response is below.
Dear Fellow Southern Highland’s Homeowners
Subject: Response to Mr. Goett’s 2021 owner letter
Once again it is unfortunate Mr. Goett, the owner of Olympia Companies, SHCA’s developer, has seen fit to attack my candidacy and make negative remarks about me in his recent letter to SHCA owners. I remain confident SHCA owners will see his appeal for what it is.
Southern Highland’s is truly a great place to live. As with Mr. Goett, I take great pride in the aesthetics and if elected will work to retain and improve the appeal of our community. But our future requires more than simply polishing our appeal. Mr. Goett's charity efforts are admirable. But they should not serve as the basis for his continuing control of our community.
Mr. Goett is once again failing to tell you the complete story. First, he is more than simply "aware" of my criticisms. He engaged me in a defamation legal action two weeks after I first ran for this board position four years ago. After a nearly four year fight, Mr. Goett's defamation action has been judged a SLAPP and dismissed in its entirety. It was executed years before I filed my one and only legal action against the SHCA board. He is now extending his attack on me appealing the court rulings despite Nevada's Supreme Court having ruled against him.
Mr. Goett noted my singular court action against the SHCA board. What he did not say was I, along with another owner, sought an injunction to halt last year's election until transparency is provided. It was dismissed in part because it was not heard by the court until after the election (COVID related backlog). The judge found election stoppage mute. However, the judge found merit in our allegations related to the failed developer's control change. This part of the action remains. This was not lost on Mr. Goett. He also failed to tell you this is the only legal action where fees by the association may be required- and only nominal to date. Mr. Goett and Olympia are on tap for his attorney's and my attorney fees for his prohibited SLAPP action- not SHCA owners.
Mr Goett's letter would have readers believe I filed a large number of legal actions. This is not true. I have been responsible for two civil actions - the one noted above and one seeking to get Nevada Real Estate Division (NRED) to act. Both are related to one issue- developer control change. They are the only two in my entire personal and professional life. Both are listed on this web site and neither should have cost association owners a dime.
What Mr Goett appears to be referencing with his misleading legal fee claims are my administrative complaints over many years filed with NRED. They are not legal actions and should not require owners incur legal fees to answer. Each complaint sought SHCA board transparency. Each complaint required I first contact SHCA seeking a resolution- which I did. In most cases I received no response from the board. All complaints are reviewed by the Nevada Ombudsman's Office, to among other things, ensure they are not frivolous before being assigned for investigation. None of my complaints were found to be frivolous.
So why has our board seen fit to use legal counsel to answer complaints/investigations it should have answered. This should be very troubling to owners. What is our board worried about? Why not simply provide the investigators the information they request? Better yet, simply answer homeowners and avoid the investigation by NRED. This need not be an expense legal affair. More on this subject can be found here.
Contrary to the false narrative being perpetuated, my platform for leadership change in SHCA has nothing to do with the people working for Olympia or Mr Goett. I have never met Mr Goett outside my role on the sub-association where he resides. 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 comfort your interests will come first? 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.
Again this year, Mr. Goett did not explain why, after he attempted to transfer our many "public" parks to Clark County, we are now better off operated them? More importantly, even if he believes the community is best served operating the parks, should not that decision be made by the owners? I see the answer as obvious.
Park control is an issue of owners’ rights. Owners were never asked if this park “arrangement” was what they wanted, despite accounting for a major percentage 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. This is what Olympia control provides. Is it really what you want going forward?
I generally find the actions of Mr. Goett, writing a letter to association owners, presenting himself not simply as an owner, but as “CEO of Olympia Companies” the parent company of the association’s manager, Olympia Management Services (OMS), totally inappropriate. The association’s manager should never take a side in an association director election. Managers who get involved in HOA politics are interfering and violating their ethics to the HOA. Such behavior should not be tolerated. Yet, it appears the SHCA board has not only turned a blind eye to this behavior, it may be actively aiding in what may be election inference.
I will end as I did last year. SHCA has been in existence twenty years. I believe it should have been operated under a board elected exclusively by owners, years ago. The board admittedly disagrees. But why? It must be more than your employer said so. Today, despite Clark County’s count of units in Southern Highlands exceeding that which mandates control change, Olympia retains in control.
I ask you to read my actions then those of Olympia and make your own decision. You will find all the links and notes you will need on this website.
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. Transparency is critical. 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