12/5/13 Executive Session Agenda
12/5/13 Executive Session – Items related to the Board enforcing the governing documents
“6. ACCOUNT REQUESTS, APPEALS & HEARINGS (Action May Be Taken)
The Board of Directors will deliberate regarding unit owner appeals from imposition of fines and/or penalties by Committee and take action on other appeal requests.
7. REVIEW OF POTENTIAL FORECLOSURE PROPERTIES (Action May Be Taken)
Red Rock Financial Services will provide background documentation to support discussion of these properties by the Board of Directors.
8. REVIEW OF BAD DEBT & WRITE-OFFS
The Board will discuss the collectability from particular unit owners and potential write-offs for the same. Write-off amounts to be discussed and decided in regular session. “
President’s Report is the minutes of actions taken in executive session
President Jean Capillupo’s report: “At each executive session, your Board considers appropriate action regarding homeowners in our community who fall behind in paying their assessments. Last month, we took action to foreclose on the liens of five properties, and this month, at this afternoon’s session we considered other seriously delinquent accounts. It is important to note that the vast majority of our neighbors meet their financial responsibilities to the Association. There are a very few, however, who do not. As I stated in the President’s Report in this month’s Spirit, we believe that it is not in the best interests of our Association for your Board to sit back and allow certain homeowners to continually neglect their financial responsibilities to our neighbors. I am pleased to report that of the five homes the Board took action on in October, at least one has paid their balance in full. We also determined that another home was foreclosed on by the City of Henderson. The Association did not and will not receive any funds as a result.
I plan to continue the discussion of the foreclosure process in the January Spirit, providing more detail on the impact, financial and otherwise, to the Association.
At this afternoon’s executive session, our Board approved the initiation of foreclosure on nineteen homes. This process will continue after the first of the year. “
12/5/13 Board meeting, item 17
“17. REVIEW OF BAD DEBT & WRITE-OFFS
The Board of Directors, in Executive Session on December 5, 2013, reviewed the possible write off of $24,568.94 from three accounts.
1. Approve a write off of bad debt for three accounts reviewed at the December 5, 2013 Executive Session meeting in the amount of $24,568.94 that is outside of the nine-month super priority lien.
[R20-120513] UPON motion duly made by Jean Capillupo and
seconded by Jim Mayfield, the Board unanimously voted to authorize the write off of bad debt for three accounts reviewed at the December 5, 2013 Executive Session meeting in the amount of $24,568.94, that is outside of the nine-month super priority lien. “
Note the inconsistency with how write-offs and waivers of fees are handled.
SCA Board did not vote in June 2014 to write off the amount in excess of NSM’s $1,100 offer.
See SCA 302 – NSM’s 5/28/14 offer of $1,100 (one year of assessments)
See SCA 295 – RRFS presented SCA 302 to BOD as an owner request of waiver of $459.32 of interest and late fees while telling the Board that RRFS $3,037.64 collection fees cannot be waived.
See NRS 116.31065 Rules.
5. Must be uniformly enforced under the same or similar circumstances against all units’ owners. Any rule that is not so uniformly enforced may not be enforced against any unit’s owner.
See 12/5/13 SCA BOD minutes, page 8 of 11
SCA 315 implied that the sale was approved on 12/5/13 [R05-120513]
The only disclosure made by SCA or RRFS to prove that the SCA Board approved the sale was SCA 315. which implied that the Board approved the 3/7/14 sale at the 12/5/13 meeting by approving resolution “R05-120513”
R05-120513 is not SCA Board approval of the sale.
SCA Board minutes of the December 5, 2013 Board meeting Item R05 – 120513 reads:
“[R05-120513] UPON motion duly made by Dan Forgeron and seconded by Jim Mayfield, the Board unanimously voted to refer the bids to the Reserve Study Work Group for analysis and recommendation presented at the January 23, 2014 regular Board meeting.“
See 12/5/13 BOD minutes, page 2 of 11 [R-05-120513]
- SCA 315 was the only evidence proffered of Board action to authorize the sale of 2763 White Sage Drive on March 7, 2014.
- SCA 315 alleges that Jean Capillupo, Board President, signed on February 27, 2014 a statement on RRFS letterhead, dated February 14, 2014,
“The Board of Directors of Sun City Anthem Community Association approves that Red Rock Financial Services is to proceed with the foreclosure of the property address 2763 White Sage Dr., Henderson NV 89052 on March 7, 2014 at 10:00 AM pursuant to this authorization and the conditions set forth in the Permission for Publication of Foreclosure Sale and Authority to Conduct Foreclosure Sale.”
- SCA 315 also includes a note, handwritten by an unknown author, that stated
- Item R05 – 120513 on page 2 did not authorize the sale of 2763 White Sage Drive.
“(R05-120513) UPON motion duly made by Dan Forgeron and Jim Mayfield, the Board unanimously voted to refer the bids to the Reserve Study group for analysis and recommendation presented at the January 23, 2014 regular Board meeting.”