Nevada SB 174 - BAD for Homeowners!

After reviewing the Nevada Senate Bill (SB) 174, I have found that IT IS BAD for homeowners! I encourage everyone to read it for your selves at the following web address: http://www.leg.state.nv.us/Session/76th2011/Bills/SB/SB174.pdf

An important note: READ IT ENTIRELY! The first 10 or 15 sections look and sound good for homeowners, but the last few are VERY bad! This has been done on purpose... Most people, including me, begin reading the changes and stop after the first page or so because: 1) it's boring, and 2) the first few sound really good for homeowners. However, when read all of the way to the end, you will see how this bill eliminates the Executive Boards criminal liability, allows the executive board to transfer money with two signatures, and this bill allows the HOA to impose a lien for ANY amount due to the association for any reason.

Please write your congressmen and tell them not to pass this bill! Below is a list of names and email address for our Clark County Reps:


John Lee (D-District 1) : jlee@sen.state.nv.us
Mo Denis (D-District 2) : mdenis@sen.state.nv.us
Valerie Wiener (D-District 3) : vwiener@sen.state.nv.us
Steven Horsford (D-District 4) : shorsford@sen.state.nv.us
Shirley Breeden (D-District 5) : sbreeden@sen.state.nv.us
Michael Roberson (R-District 5) : mroberson@sen.state.nv.us
Allison Copening (D-District 6) : acopening@sen.state.nv.us
Mark Manendo (D-District 7) : mmanendo@sen.state.nv.us
David Parks (D-District 7) : dparks@sen.state.nv.us
Barbara Cegavske (R-District 8) : bcegavske@sen.state.nv.us
Elizabeth Halseth (R-District 9) : ehalseth@sen.state.nv.us
Ruben Kihuen (D-District 10) : rkihuen@sen.state.nv.us
Michael Schneider (D-District 11) : mschneider@sen.state.nv.us
Joseph Hardy, MD (R-District 12) : jhardy@sen.state.nv.us
Mike McGinness (R-Senatorial District) : mmcginness@sen.state.nv.us

Tic-toc

That sound that you hear is time running out.

Good luck...

I certainly hope he required a HUGE, upfront retainer fee.

Continuing the fight...

It has been a long time since this journey began and it will be along time until the problems get resolved.

I am fascinated by the way the story gets twisted by the ACHOA that those of us who have filed complaints with the Ombudsman's office are the bad guys. I am sure we all know that the allegations against the ACHOA are true: no elections, no proper financial statements, no annual meetings, failure to enforce CC&Rs consistantly, etc.
The sad fact is that every homeowner will have to pay for the cost of the negligant actions of the Executive Board. By the looks of it, it will be somewhere in the neighborhood of $1,000 per homeowner. Just because our dues have stayed at $16 doesn't mean that the ACHOA is financially stabile or healthy. A financially responsible business, such as the ACHOA, will raise dues based on projected costs of business. These costs include: paying for a neutral place to hold meetings; paying for proper audit of the books; paying for upkeep of the common areas (take a look to the South of the mailboxes - that tree stump isn't good for the value of our homes); picking up the slack for the homes that are in foreclosure or homeowners who don't pay their assessments.
The current Executive Board has created a HUGE financial liability and we, the homeowners, are going to get stuck paying for it, not the board members.

We are all smart enough to see the big picture and,as homeowners, we have a responsibility to each other to make sure that OUR hoa is run properly.

Just wait until the dust clears!

Staying in the news...

Another great piece by the Channel 13 news crew!! Councilman Cherchio couldn't have said it better: ALL of us homeowners will be responsible for the current boards misappropriation of ACHOA funds and any fines that are imposed against the HOA. We all need to step forward, ask the difficult questions and get involved!

I wonder if the ACHOA will be paying for the damage done to the Bitsky's Cadillac? I'm sure the current board will claim that the ACHOA should pay because it was the result of a news crew doing a story about the ACHOA... the same reasoning for the ACHOA purchasing the video camera for the Bitsky's residence, as Mr. Bitsky said on public TV.

The latest letter continued...

Now for the fun part... :^)

I find it hard to believe that I have the power or charisma to persuade anyone to willfully break the law and if there is documentation, let's see it! The FACT is that it is untrue and no such document exists. I love reading about their facts and when asked to provide the supporting documents, their response is "it will take too much time." FYI: my facts are available within a moments notice and/or a simple Google search away.

I am especially fond of the part of the letter where it tells us that the community is beautiful... uhhhh, there is a 4 foot high tree stump by the mail boxes, trees are missing along Simmons, and there is an old, beat-up van that leaks large amounts of oil on the road that is parked in front a neighbors home. How is that considerate or maintaining the community's appearance?

Now, let's talk about the meetings. They are for HOMEOWNERS to approve/ratify the budget, for HOMEOWNERS to discuss and approve legal proceedings, annual elections, address complaints filed against the Association/Board Members, address unfinished business, etc. Roberts Rules for the Agenda as copied right out of the book:

We must learn to run a meeting without victimizing the audience; but more importantly, without being victimized by individuals who are armed with parliamentary procedure and a personal agenda.

1. Reading and approval of the minutes.
   (Motion to approve is not necessary. The minutes are either approved as read or as corrected, but without a vote.)

2. Reports of Officers, Boards, Standing Committees.
   (This includes correspondence, treasurer's report, etc. Treasurer's report is never adopted or voted upon unless it has been audited. )

3. Reports of Special Committees.
   (Each report could conclude with a motion which the assembly must address.)

4. Special Orders.
   (Any motion which was adopted as a Special Order which guarantees that the motion will be dealt with before the meeting is adjourned.)

5. Unfinished Business and General Orders.
   (Any issue which was not concluded, was postponed, or was tabled during the prior meeting. The secretary's minutes should inform the chair which items to add to this section. Only a clueless chair would ask the assembly, 'Is there any unfinished business?')

6. New Business.
   (This is when the chair and the parliamentarian can be surprised by the sequence of events. It is best to always anticipate issues the membership may present, or else be embarrassed by the complications.
   It is at this time that announcements, educational programs, and speakers are introduced.)

7. Adjournment.
   (A motion to adjourn may be made at any time of the meeting. The assembly should never be forced to meet longer than it is willing to meet.)

Following this agenda will take waaay more time than the 8 - 10 minutes that Mr. Bitsky claims is all that is needed. Also, the ACHOA Executive Board, for some reason, expects the homeowners to come up with an agenda. This can be heard during the most recent "meeting." How is that following Roberts Rules?

One thing the letter fails to point out is that the complaints made to the Ombudsman are against the ACHOA and the ENTIRE board. No one is out to "destroy" any one, as the many video and audio recordings prove, Mr. Bitsky handles that very well on his own. The FACT is that we found not only unethical behavior by the board members but gross misappropriation of Association funds by the Executive Board. These are the things that the Ombudsman is currently investigating. By the way, the Ombudsman has not done anything yet because they are still investigating.

Lastly, what have I lied about? Did I lie when I brought Mr. Bitsky's Felony conviction to light? Did I lie when I brought the ACHOA credit card to light? Did I lie when I brought the FACT that he doesn't have either a Real Estate License or Property Managers Permit? I would like to see what I am accused of lying about... again, I have documentation to support all of my accusations against the Board Members, Mr. Bitsky (hiding behind the Board) only has his own heresy.

Oh, and who is he trying to fool by saying that he is stepping down as President? Whether he is President, Vice President or Secretary/Treasurer, it changes nothing: the ACHOA address is still HIS house, the ACHOA phone number is still HIS phone number, the computer used for the ACHOA is still HIS computer, he and his wife still maintain the majority of power for the Executive Board, and the CREDIT CARD is STILL in his name.

Mr. Bitsky and the Executive Board are trying to take us all for idiots. I've got news for them: We are all waaaay smarter than they think.

The Latest Propaganda from the ACHOA...

Most of us have gotten the latest letter from the ACHOA in the mail yesterday, 12/11/10. I am not a writing expert, nor do I claim to be one, however, I find it interesting that the ENTIRE letter is written in the first person... using "I" often and the last paragraph that reads: "Now, for the news, I, Joseph Bitsky..." but the letter is signed "The Board of Directors." As with most letters from the ACHOA, and as we saw on the Channel 13 videos, none of what is being said by the Mr Bitsky and/or the ACHOA makes sense. I my humbled opinion, it's either 1) done on purpose to confuse us or 2) he/they have absolutely no clue about what he/they are talking about.

Now, for the meat and potatoes of the letter, which I will address the "facts" that he/they present...

Bitsky Fact#1: Mr. Bitsky contradicted himself by saying that only 4 people have been fined, but earlier he said only two have been fined.

Bitsky Fact#2: Having a CPA "do" the books is NOT the same as an audit by an independent CPA as required by law. Also, the CPA to which Mr. Bitsky refers to, never had a heart attack and said that he was not allowed full access to the ACHOA finances, so he was not able to accurately account for the ACHOA finances.

Bitsky Fact#3: 5 houses sold means 5 people LEFT... they MOVED AWAY!!!

Bitsky Fact#4: NRS requires that Homeowners MUST APPROVE the application of a credit card; The budget numbers are very different from last year's, and I have yet to see an proper budget form. Also, per NRS, homeowners MUST VOTE to approve the budget; if the bills are getting paid: 1) why do we need a credit card and 2) why is there a continuing balance on that card?

Bitsky Fact #5: even though the assessments have remained $16, the ACHOA is now IN DEBT, which means that we OWE MONEY! We have all seen the increase in power and water bills, so how has the ACHOA been able to off-set those increases??? those increases are now being charged INTEREST on a credit card.

Bitsky Fact#6: I have spoken to no less than three homeowners who are afraid to draw attention to themselves and don't want to be the target of the ACHOA/Bitsky rage. These people have never been fined!

Bitsky Fact#7: The person who got fined for parking an alleged "commercial" vehicle did ask for permission, but was denied. I even have it in writing, both the request and the denial letter.

Later, I will address the rest of the letter.

Sweet Dreams!!!

Sincerely,

Cyber Bully Blogger.

PS: Mr. Bitsky claims that this blog violates NRS and CC&Rs. I have, in my possession, a copy of the 1st amendment of the US Constitution that give me the RIGHT to free speech. Unlike the letters from the ACHOA/Bitsky, my information is backed by documention NOT heresy.