The latest correspondence

Well, we have a new letter from ACHOA President Joseph Bitsky and the ACHOA. Let's point out the flaws in this letter and give you the facts:

1) The ACHOA and it's officers ARE under investigation. A complaint was filed, now the Ombudsman's office is INVESTIGATING the complaint, which is why the ACHOA had produce various files, as is clearly admitted in the letter.

2) Per the following law, members of the HOA and/or board may be removed.

NRS 116.785 - Remedial and disciplinary action: Orders to cease and desist and to correct violations; administrative fines; removal from office or position; payment of costs; exemptions from liability, # 2. If the respondent is a member of an executive board or an officer of an association, the Commission or the hearing panel may order the respondent removed from his or her office or position if the Commission or the hearing panel, after notice and hearing, finds that:

(a) The respondent has knowingly and willfully committed a violation; and

(b) The removal is in the best interest of the association.

3) Mr. Bitsky claims to be a property manager for 12 years. To either be a Property Manager or to act in the capacity of a Property Manager, you MUST be licensed by the State of Nevada. There is NO record of the State of Nevada issuing a license to him. This can be confirmed on the State of Nevada's website (http://www.red.state.nv.us/). As a matter of fact, per State of Nevada CIC website, Mr. Bitsky was fined $8,000 for acting as a property manager WITHOUT a license and, later, denied a license in 2005 for failing to disclose his criminal arrest history on the application. Also, I have correspondence from Mr. Bitsky that conflicts his 12 years of experience.

If anyone has a question, don't just ask the ACHOA, call North Las Vegas Code Enforcement (702-633-1677) and/or the Nevada Division of Real Estate (NRED) 702-486-4033, press 1 for licensing. You can also check out their respective websites:

http://www.cityofnorthlasvegas.com/Departments/Fire/CodeEnforcement.shtm

http://www.red.state.nv.us/

After all, THEY are the authority... not the HOA.

****UPDATE****

The ACHOA/Joseph Bitsky is also trying to mislead us by stating that the CC&R are not superseded by NLV city codes. Per NLV City Code Enforcement: CC&Rs can be more restrictive than city codes but they can't supersede City Code, there is a difference.

An example: to keep a horse on your property, your property must be at least 1 acre. The CC&Rs can NOT make the size limit smaller (superseding NLV code), only larger (more restrictive).

Again, this is the continued misleading by the ACHOA/Joseph Bitsky to make us think that he and the ACHOA have absolute power.