“Our lives begin to end the day we become silent about things that matter.” Marin Luther King, I have a Dream, 1963
Developer "Control" of Our HOA
The Developer has done a great job building an excellent community in Southern Highlands. Nonetheless, after over twenty five years under its control, it is time the community be self-governed. The Developer’s ability to appoint three of the five directors has ended in my assessment. But, the Board has not acted to hold the required elections. When I sought answers, as one of only two elected owner representatives, the board retaliated and ousted me. Read why owner involvement is so important:
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What SHCA has filed in court actions related to declarant control change
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My 2023 re-election application the board refused to provide owners
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What Nevada law and our declaration (CC&Rs) provide on declarant's control.
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A critical 2005 unilateral developer amendment to SHCA's declaration (CC&Rs)
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Developer control and the now infamous AB 192 (2015) legislation.
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Nevada Real Estate Division's absurd arguments for not acting.
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Unconscionable control the Developer retains after the termination of declarant control
Do SHCA owners unnecessarily pay $ millions for "public" parks?
Eight parks and the Paseo in Southern Highlands were constructed by the Developer, as required under its Southern Highlands Development Agreement (SHDA) with the County, for which the developer received significant tax credits attached to housing units constructed.
I believe "public" parks constructed using public tax credits should be held in public hands. Accordingly, in 2005 as provided for in the SHDA, the developer attempted to transfer several of its completed parks to the County. That transfer never occurred for reasons the County has not provided.
After apparently coordinating with the County, the Developer subsequently transferred title to its parks with their associated maintenance obligations and liabilities to SHCA (most on or before 2008). This was allowed by Clark County officials, despite knowing of violations to provisions of the develop agreement. It was accepted by the SHCA board, without complying with terms of our CC&Rs, getting a vote/agreement of owners to assume the costs and liabilities of operating "public" parks, or providing the require acknowledgments per the SHDA.
Security for Homeowners and Our Families
A valued community must provide a safe environment for its residents. While I currently believe Southern Highlands is one of the safest places to live in Southern Nevada, our prosperity and growth has made us a target for crime.
I see Clark County's failure to increase fees levied against developers (called PFNA) to fund public safety infrastructure as a major contributor to what in now an inadequate level of police and fire presence in SW Las Vegas. The growth in SW Las Vegas has not been funded by those creating and profiting by the growth- as our elected officials have long promised. Instead, the cost of our growth is being shifted to current residents.
Paying higher assessment to fund our already sizable private security, if not the answer. As a SHCA director, I' advocated leveraging our community's significant political might and advocate for a greater police and fire presence. A significant adjustment upward of development fees, much as other locals like Henderson have long undertaken despite heavy resisted by the development community if what is needed.
This should be an important focus of owners and our association going forward.
Greater transparency from our Association Board
Transparency is the full, accurate and timely disclosure of information. It is to be able to witness – through communication – what is being done and understand why. Without transparency there can be no trust built up between any entity involved in the community association.
Owners deserve far greater transparency from the SHCA Board. Actions of the Board, like the ones listed here, too often alienate owners and are as I see it unacceptable.
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End virtual only meetings. Directors should be willing to engage and communicated face-to-face with owners. The ability to attend board meetings virtually is good and needs to be retained. But the board must stop sheltering the manager and itself from direct criticism from dissatisfied or unhappy owners. The Board refuses to hold town halls and/or even meet with the elected directors of SHCA's many sub-associations.
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Removing an elected director with no authority to do so, refusing to do so in a public hearing, and then failing to inform owners of what they have done- disenfranchising the owner majority who voted the removed director to represent them.
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Not providing owners an annual budget in a timely manner as required. Yes, this only happened once and not recently. But why and when might it happen next? More importantly, I would fight to get a draft budget out to owners well in advance of board approval- not after- so owners could be heard.
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Refusing to provide an independent group to administer our elections. The manager, wholly owned by the developer and dependent on the contract approved by the developer's majority board, is not independent.
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Mailing out more ballots than exist owners eligible to vote, then refusing owners sufficient access to election materials, most importantly a list of voters to whom ballots were sent, to confirm proper election administration. Candidates should be able to communicate wiht owner via email- at least for the short period of candidacy. Owners should know more about who governs them than the one page that shows up in the ballot. The law set a minimum requirement- not reasonable one. The board should hold town halls or similar forum for owners to get to know candidates.
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Holding the annual owners' meeting (and associated election vote count) on December 28th, at 10 am, between two major holiday periods. Really??? This was a practice of the past. Last election was a bit different. Lets hope it will not return. But only owner engagement will ensure this.
In my estimate the above fails any measure of transparency, fails to demonstrate a desire to encourage owner involvement, and demonstrates poor leadership. If elected, I will work to end this.
Assessments and Expense Control
We all recognize a quality product requires money to maintain. This applies to HOAs. However, in my opinion SHCA has a history of spending too much of our money on items that have not improved quality. I believe we can significantly lower expenses, thus assessments, while maintaining quality. Here is what I will push for on our behalf:
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Renegotiate our very expensive contract with Olympia Management (a developer owned business) which was renewed last year without even going to bid. I estimate we currently pay as much as double what I believe we should for quality management services.
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Immediately work to address the large park maintenance costs. Park related expenses are substantial and in my estimation account for almost half of the HOA’s total landscape, maintenance and utilities expenses. Most of these parks are "public parks" that should/could otherwise be paid by the County.
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Address the huge potential liability owners are exposed to in operating "public" parks.
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Never again, engage in the wasteful legal costs of the past.
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Never again allow the huge deficit spending that occurred in 2016.
Sports Park – the Great Failed Promise
The promise of a Sports Park has long attracted families to the Southern Highlands community. However, the County and Developer have repeatedly failed to deliver on their promises for the Sports Park, first set out in 2005.
Our children have long needed neighborhood baseball and soccer fields. The Sport Park finally deliverer last year was some ten years late and is a far cry from that originally promised. It lacks a single baseball field and as a whole, is significantly less than what was promised. In September 2015, the infrastructure of the Sports Park was drastically reduced. It is my assessment the change relieved the Developer of millions of dollars of private funding commitments. In return, it appears the County and SH citizens got absolute nothing while the SHCA board sat silently providing tacit approval.
I contend our current SHCA Board, controlled by the Developer, is not properly engaged. In contrast, the Mountains Edge community, with a Homeowner controlled Board, is engaged on behalf of owners and owners are benefiting. Mountain’s Edge benefited from a $23M in public funded parks maintained with public tax dollars.
Read what the Review Journal had to say about the Sports Park.
