Board pursues legal action against Board member. Hiring an attorney destroys our property values.

Note the importance of semantics: The attorney states he is the general counsel for the HOA Board. What is not clear is the conflict of interest inherent in this position. Does he represent you or the HOA Board.

The election no one even heard of occurred in December. The number of votes was barely more than the number of people running for the 4 open positions. The reality? YOU DID NOT ELECT THIS BOARD. THEY DID. Was it legal? There is no need in NV that a percentage of the potential voters vote in the election. BUT. The process of the election was definitively illegal, confirmed by an independent outside expert in HOA law.

What was a violation of our CC&RS? Under our CC&Rs, Mr. Marcarian pleaded with the four board members to meet in person to resolve the matter per the requirement of Section 5.3 (a)(1)(b): just as in a divorce, the board is required to meet to mediate and resolve the matter without an attorney. Here is the relevant section of the CC&Rs:

Here you can see Mr. Marcarian, the former president, who wants to return the community to the peace and harmony that existed, pleading with Board members to meet to resolve the issues as required by our rules.

You can see he truly expressed the importance of this. What did the board do? Hire an attorney.

Here is the letterhead of the attorney as sent to me. I received this on approximately Friday 5/9/2025. The attorney sent it to me via email believe it or not.

I will share with you my response to this letter, but there is a bigger problem for Mr. Boyack. Please see the next post. Why would a development of our size require an attorney? This is a reflection on the experience of this board. He is not just an attorney, but is general counsel for the HOA who's job is to protect you from the demands placed on the Board. General Counsel means he is hired on a "demand basis", a pretty serious contract. Normally, one hires an attorney for a specific purpose. He was hired to help the board understand laws. They should know them, as the last board did without hiring an attorney. Don't you want to return to peace and harmony? As president, I kept things quiet here and handled everything without drama. We never had a single argument.