Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Wed Thu Fri Sat Sun Mon Tue

sponsored by
Business


Home group's board battles

Association panel member accused of legal violations







Sun City Anthem rests on the northern slope of Black Mountain, giving homeowners a peaceful view of the Strip below.

But beyond the serene scene, civil war is under way in the homeowners association board. Battles are swirling around dissident director Robert Frank, a 68-year-old retired Air Force colonel.


Most Popular Stories
  • Buyout to take casino parent private
  • BEST PLACES TO WORK: The readers have voted: These Southern Nevada companies know how to keep workers happy
  • Chase makes takeover official
  • REAL ESTATE: Homebuilders hunt for land
  • INSIDE GAMING: Sanitizing slots, cards a priority for casinos
  • TIVOLI VILLAGE: Work intensifies at mixed-use center, with first phase to open in December 2010
  • CityCenter licensing gets own hearing
  • NEVADAN AT WORK: Twenty-year veteran of openings prepares for CityCenter
  • Vote paves way for LV-style casinos in Ohio
  • Holiday office parties take hit




  • While Frank has been demanding a detailed review of association financial records, the broader issue is the way the Real Estate Division has handled its investigation into 18 alleged legal violations by Frank.

    Mike Dixon, past-president of the board, last year filed a 110-page complaint, accusing Frank of several legal violations. Frank and his attorney, Robert Maddox, say the allegations are groundless and lack merit, but they were frustrated in their attempts over the last 14 months to get the Real Estate Division to either dismiss the complaints or give him a hearing.

    After the Review-Journal began looking into the issue, the Nevada Real Estate division sent a Nov. 5 letter to Frank, stating that the case was closed and warning that the matter was confidential.

    Maddox said he and Frank have no obligation to keep the dismissal secret. The state was supposed to keep the investigation confidential and did not, Maddox said.

    Along the way, Maddox said, the division has violated Frank's constitutional right to "due process" under the law.

    "The Division of Real Estate has totally mishandled this thing," Maddox said. "This whole thing is so phony that we would get Bob Frank cleared if we could ever get in front of a decision-making body."

    Elisabeth Shurtleff, a spokeswoman for the division, declined comment, saying state law makes investigations into homeowners association complaints confidential.

    State Sen. Mike Schneider, D-Las Vegas, said he was unhappy with the state division's response -- although the dismissal had not been disclosed at that time.

    "Are they just ignoring this or what?" he said. "It just boggles my mind. I'm disappointed in the Real Estate Division."

    Schneider said he is concerned about a pattern of persistent delays by the division and division ombudsman Lindsay Waite in resolving homeowners association issues.

    The Legislature wanted the ombudsman to resolve homeowners association issues before parties hire attorneys and spend thousands of dollars to fight.

    "People just aren't getting fast action from the ombudsman's office, fast resolution of their problems," Schneider said.

    Shurtleff supplied a copy of the September report that says 529 intervention affidavits have been processed since the Ombudsman's Conference Program was created in August 2006.

    Conferences have been held in 193 cases. Of those, 92, or 47.7 percent, were resolved.

    Schneider, who has pushed through homeowners association reform legislation since 1997, said he has filed a bill draft request to deal with state oversight of homeowners associations in next year's session.

    Meanwhile, Frank is grappling with governance issues in his homeowners association.

    Frank says he wants to give residents in the 7,000 homes at Sun City Anthem more value for their dues. He demands an independent, detailed review of finances and often opposes the board majority on financial issues.

    So far, the association director said he's been frustrated in trying to achieve his goals and has been the target of retaliation from other board members.

    Frank grew up on his grandparents' dairy farm outside of Norman, Okla. He worked while attending Oklahoma University and joined the Air Force after graduation. He served in Saigon, now Ho Chi Minh City, in 1969 during the Vietnam War, commanding a team that supplied the Pentagon with battle-scene films and photos.

    Later, he was assigned to making aircraft parts available overnight to Air Force bases in Europe during the Cold War.

    The idea was to use a concept developed by Federal Express so bases could share parts for fighters and keep more planes airborne if war broke out with the Soviet Union.

    The Air Force bought 18 small turboprop airplanes that could deliver parts from one Air Force facility to another overnight.

    The system relied on one of the first military uses of the Internet.

    During his military career, he added a master's of business administration degree from Auburn University to his undergraduate degree in business from Oklahoma University. He graduated from the Air War College and the Air Command and Staff College.

    "In my Air Force career, the number one thing I distinguished myself on was as a problem solver," Frank said. "It was fun, but it was also rewarding. Once you give me a job, by God, I'm going to do it."

    After retiring from the Air Force, he served as chief scientist and project leader for electronic commerce at Lawrence Livermore National Laboratory and as a program director at Control Data Corp. He and his wife later moved to Sun City Anthem.

    In May 2007, Frank and three others ran as a slate and won election to the association board. Dixon, one of the four people who ran, however, became one of Frank's adversaries on the board.

    Dixon declined to discuss the dispute, saying: "I don't think it's appropriate for me to comment, honestly."

    Because of Dixon's allegations, though, Frank, who was serving as the board's vice president, was stripped of his position. He remains a board director.

    Frank said the board refused to let him defend himself. He said the complaints were retaliation for questioning board decisions on several financial matters, in particular his insistence on having an independent accountant conduct a detailed forensic audit of the financial records that Pulte Homes submitted when it turned the community over to the association in 2005.

    For about six months, the board maintained its own financial records, he said. Then, RMI was hired and started new books without trying to review the past financial records, which were in shambles, Frank said.

    Any business would insist on a forensic audit before buying another business, Frank said.

    "Every homeowners association is in fact buying the business from the developer," he said.

    Bob Sansing, a former association board member, said the board has an audit yearly. But Frank said the accountant conducting the audit is Gary Lein, who previously worked for Del Webb Corp. and Pulte before the association took over the community.

    Also, Frank said Lein performs a relatively cursory financial audit, not a detailed forensic audit.

    Frank said former Internal Revenue Service employees fear the association may have incurred $1 million to $2 million in income tax liabilities, because the board keeps excessive amounts of surplus income from dues, somewhere between $3.7 million and $4 million.

    Sansing argued that businesses commonly keep a reserve for three months of expenses. Frank disagreed, saying the surplus exceeds that sum.

    Frank also complained that the board didn't insist that Pulte pay $1.375 million owed to the association in 2005. Sansing, however, said the $1.375 million was based on an unenforceable agreement that was made by handshake without any written documentation and that couldn't be legally enforced. Frank said Sansing was one of the directors who accepted the deal without a written agreement.

    Pulte now is using most of the $1.375 million to make a new recreation center energy-efficient. Money left over, which amounts to $180,000 in cash, will be paid to the association, Sansing said. However, Frank said Pulte paid no interest on the $1.375 million over the last three years.

    "I really can't comment (on issues raised by Frank)," said Rosalyn Berman, association board president, "because it is under investigation. This is not going to be played out in the newspaper."

    Although he doesn't know the details of policy disagreements at Sun City Anthem, Schneider said homeowner boards should require developers to turn over reserve money at the time of the changeover from developer to association.

    Schneider said having an independent audit of finances at the same time "seems only logical, seems only prudent."

    Frank argues that Dixon's other allegations also lack merit. For example, Dixon claims Frank broke a contract with the homeowners association management company "by giving work direction to RMI (management) employees," according to papers supplied by Frank. RMI manages the community for the association.

    Specifically, Dixon argues that Frank criticized management company employees' performance. Frank, however, counters that it is normal to either praise or criticize workers for their performance.

    Dixon also said there had been allegations that Frank had been "threatening other board members with public retribution and retaliation for making decisions with which he disagrees." Frank said that was an "invalid claim" and said it "is occasionally appropriate to remind fellow directors of the potential consequences of our making poor business decisions."

    The board's insurer hired Joseph Garin to defend Frank against the allegations, and Frank also hired Maddox as his personal attorney.

    The division initially refused to give Frank a copy of the 110 pages of complaints lodged by Dixon, providing only a "vague" summary, Maddox said. Yet, the division insisted that Frank come in for mediation. Frank refused, and insisted the division provide papers detailing the allegations, he and his attorney said.

    In January, Dixon told the board that an investigator planned to file a formal complaint against Frank, Maddox said.

    The investigator violated legal provisions calling for confidential treatment of investigations in conveying the information to Dixon, Maddox said. The division never did file a complaint against Frank, he said.

    "Bob Frank has been left in limbo," Maddox said. "It's a travesty the way this agency handled this whole thing. The Legislature needs to do something about this. We've begged and pleaded with the leader of the real estate division, and we've been completely ignored."

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 21 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    Report abuse

    Objective wrote on November 28, 2008 05:40 PM: One of the major problems in Sun City Anthem is their attorney, John Leach. Here is an attorney who originally was supposedly appointed by Del Webb/Pulte. (1)He claims to represent over 200 HOA's. (2)An old law partner of his, was just re-appointed as Chairman of the Commision for Common- Interest Communities (CIC). (3)Mr. Leach has seminars with the head investigator of the Ombudsman's Office.
    (4)He teaches Boards of Directors that they have no responsibility to homeowners, just to common interest property. (5)He slants his legal opinion which is often diametrically opposed to opinions obtained from the Legislative Council in Carson City. (6)He rarely puts his opinions in writing regarding homeowner concerns in the form of questions to the board. (7)He is one of the driving forces of Community Association Institute, Nevada chapter, which focuses on boards and managers, homeowners be damned.

    The facts stated above reek of impropriety and yet, when homeowners campaign for board seats, some have agreed that Leach should be dismissed-that is until they get elected and then they cannot say enough positive things about him. The owner of RMI management company thinks John Leach is his best buddy. With construction defects, both in common interest property and in individual homeowner dwellings, one might wonder how certain attorneys are recommended to handle these cases, who recommended them, and where the bids are coming from to correct the defects.

    The bottom line is the homeowner is paying dearly for this collusion! Can you hear us, FBI?


    Report abuse

    rebecca m wrote on November 27, 2008 08:39 PM: David Berman, the former (resigned) Sun City Anthem Board Member, suspended attorney, and spouse of the current Board President, is back at his personal attacks.

    This week he went way out of his way to insult the integrity of Review Journal reporter John Edwards with the following public slur:

    "...the self-serving puffery he (Frank) fed to a gullible R-J reporter states that Frank and his attorney don't feel bound by the confidentiality suggested by the Ombudsman..."

    As usual, David Berman is completely ignorant of the facts, but that has never stopped him from posting his unjustified attacks and crude attempts to shore up the management failings of his poor spouse.

    So, once again, we can see that what is wrong with Sun City Anthem are incompetent past and current board members who favor the developer's interests.

    Once our community finally gets that independent, forensic audit it has deserved for the past 3 years, the chips will fall on the those who have been guilty of willful misconduct. Only then can we can finally begin enjoying the lifestyles we were promised--knowing that our association funds are not being wasted or lost.



    Report abuse

    Mrs. Frank wrote on November 19, 2008 10:03 AM: JM might have also have mentioned that the first member-elected Sun City Anthem Directors in 2005 were: David Weil (President), David Berman (Vice President), Favil West (Secretary-Treasurer), Bob Sansing, Bob Berman (no relation to David Berman), Lyndall Ruiz, and Dea McDonald (Pulte Vice President).

    Association attorney was John Leach and auditor was Gary Lein (both had been previously appointed by Del Webb/Pulte.)

    None of these people could have been confused over whether Del Webb/Pulte owed the association the $1.375 million.

    Pulte VP Dea McDonald was responsible for paying the money to the association in May of 2005, and his fellow board members did not demand he pay up.

    And, there are no written records of why that vital transaction was not completed. All the former board members and finance committee and Community Manager members will say is they had a "handshake on a gentleman's agreement" to take no action.

    Sun City Anthem homeowners received no benefits for this handshake agreement. Who did?


    Report abuse

    JM wrote on November 18, 2008 03:40 PM: Woooops, I forgot to post a link to the 2003 Del Webb/Pulte letter of agreement to pay the $1.375 million at transition time.

    Here it is:
    http://www.anthemvoice.org/resources/DelWebb_14jul03_ltr-agrmt.pdf

    Of course, Mr. Sansing and his fellow board members in 2005 could never get paid unless they actually requested (in writing) full payment. And, for that action to be successful, the board would need to be backed by a left-over association attorney who did not have conflicts of interest with the developer. Unfortunately for Sun City Anthem members, the board failed to do its job, and it failed to select an association attorney who represented homeowner interests.


    Report abuse

    JM wrote on November 18, 2008 03:26 PM: I forgot to draw attention to Mr. Bob Sansing's (Board Member in 2005-2006) outrageous quote in the article that goes as follows:

    "Frank also complained that the board didn't insist that Pulte pay $1.375 million owed to the association in 2005. Sansing, however, said the $1.375 million was based on an unenforceable agreement that was made by handshake without any written documentation and that couldn't be legally enforced. Frank said Sansing was one of the directors who accepted the deal without a written agreement."

    Imagine the flawed business judgment of a board member who has a legally-binding letter from the developer that unambiguously states it will pay $1,375 Million at transition time, and a board member says that was "unenforceable"!

    No wonder those seven board members are fighting to avoid a forensic audit. Their business judgment was clearly deficient and/or they had serious conflicts of interests.

    Forgoing/forgiving payment of a million and a third bucks? Yeah, they have much to worry about...even at this late date. :-(


    Report abuse

    Objective wrote on November 18, 2008 01:05 PM: To rebecca m, Sin City Anthem, and 1st Amendment Rights-
    After watching all the shenanigans being pulled by the boards in the past few years in SCA, the latest one is only on the top of the heap. The real problem lurks on the present board, in the form of a former president who is a current board member. His lack of morality, ethics, self absorbance and attitude of "homeowners be damned", has caused this latest crisis regarding two homeowners exercising their legal rights to voice their opinions on a private blog regarding this board member's attitudes, bad decisions, rudeness and the like. The REAL question is when the rest of the current board members will begin to demonstrate integrity, fortitude and courage and tell board member Mike Dixon to shut up and behave himself; that he is no longer president and quit acting like the school yard bully. After all, he is ONLY one vote on a board of seven. That would be a good step for this board to follow to show the community that they have moxie when needed. His rantings, ravings and obnoxious antics are the last thing SCA needs.


    Report abuse

    Mrs. Frank wrote on November 17, 2008 10:39 PM: Happy Senior--you have twisted what occured and tried to make something out of nothing.

    I suggested the candidate's friend use that account to show him how to access on-line documents so he would not have to copy or print so many documents. They were using two computers and I did not think they could use the same SCA account at the same time. It is standard for us comuter illiterates to get help. I did nothing wrong, nothing illegal and did not violate the election rules. Spin all you want but you can not make it anything wrong.


    Report abuse

    Happy Senior wrote on November 17, 2008 07:19 PM: The article failed to describe how Bob Frank and his wife, in order to help a friend get elected to the SCA Board, instructed the friend on how to illegally obtain contact information for Sun City residents by having the friend's consultant register for the SCA website by pretending to be the candidate's wife. It also doesn't describe how Mr. Frank's lawyer expressed agreement in writing with the suggestion of the same candidate that "HOA" stands for "Hoary Old ***holes."


    Report abuse

    Senior Resident wrote on November 17, 2008 02:57 PM: "Junior" is right that Sun City Anthem is a fantastic place to live. But, he couldn't be more wrong in his/her observation about the cause of "problems" in this community.

    It is a nation-wide situation where developers stack the boards and committees with residents favorable to the developer's agenda, and then provide social status and occasional perks to motivate long-term favors.

    At transition time, those "friends of the developer" frequently serve the interests of the developer for years. This is just part of the "game" practiced by developers to make the profits associated with HOAs. Only the smart, experienced and ethical board members are able to resist that game.


    Report abuse

    country club wrote on November 17, 2008 02:49 PM: I live in an neighboring HOA. We had to have a recall to get rid of our corrupt directors. But, it is much harder to recall directors in a larger HOA like SCA, but Sun City Anthem's problems are not unique.

    My question is where is the FBI, the county attorney, the Democratic and Republican senators and assemblymen, and the Attorney General? Most of them appear to be AWOL.

    We all know the real estate division is corrupt. Seems to me this is such a systemic problem these government officials on our taxpayers salaries must identfiy and fix this problem at Sun City Anthem. Only this would send a message that HOA boards, attorneys and accountants have been violating.

    At the same time, we need much tighter HOA laws crafted to protect the rights of owners. Half a million homeowners are in Nevada HOAs. When do we get justice?

    The Real Estate Division, and its CAI tool, is the only level of government allowed to deny free speech, due process, conspire to punish whistleblowers, and not comply with state and federal law. Follow the money and you will find out why they are getting a pass...


    Read All Comments