Did you receive a written estimate for legal expenses by the board's recent meeting? Does it make sense you were supposed to be allowed to see this prior to the board spending your money?

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The board is bound by very common-sense ethical requirements to notify you of any actions that may impact your life and most importantly your pocketbook. According to Nevada Law, your board cannot make decisions without your given a) a written description of the reason for the hiring of an attorney and b) a written estimate of the costs for your review. Did you receive either of these?

See the blowup below

Did you receive a written estimate and description of reason for hiring a law firm?

Clearly the board skipped this step, as the board president has already hired this attorney (although she denied she would in her Facebook Post). Although at the board meeting, all agreed a survey needed to go out on serious matters like this. No survey was ever sent.

Check out the clever semantics! Is this a "Lie of Omission" to insert "camera".

She specifically mentions cameras. Like saying "I never would hire an attorney to determine if we need water fountains". It is an absolute violation of the ethical duty to cleverly avoid transparently the hiring of an attorney for ANY purpose. Using clever semantics does not make this statement unethical. When hiring an attorney for ANY purpose is an ethical obligation to document this for the homeowners, and honestly to survey you for your opinion should have happened BEFORE moving forward with the hiring of an attorney. What is strange? Why does she mention "Libel Defamation" (note no one in law includes the term "libel" in such a sentence.) This will become clear when you view the timeline. Note that this statement was written on March 16, 2025 while on Feb. 12th, she made clear that she felt it critical that we hire an attorney for something that is common knowledge. Wasting money on attorneys never happened with the previous board, as so much of HOA law is common sense. It does make you wonder if she simply lacks the experience to handle this position without costing us a fortune for an attorney to answer the most basic of questions. She proved this when she did not know that the State Speed Limit does NOT apply to our development, meaning we needed 15 MPH signs. If you've noticed, the president demanded the signs be removed, yet they were not. Why? It is a violation of the board's ethical standards as I'm guessing the attorney explained to this board, while it was a no-brainer for myself. Worse? FOUR DAYS after stating she a) wasn't going to hire an attorney, but more importantly, b) stated she took her fiduciary duty seriously (financial protection of the homeowners) to EVER hire an attorney! Have we ever had a need for an attorney? You never heard a single argument between board members of the previous board. Why? Both key board members knew the law extremely well, spending over 30 years working with boards. On March 20th, just 4 days after committing to NEVER violate her fiduciary duty, she called for an emergency board meeting attorney to vote on hiring an attorney. And did.

NOW, the serious red flags? With 30 years as an expert witness, and currently teaching 7000 attorneys on proper methods of providing objective data in the modern courtroom, I know how to evaluate attorneys. I simply think they lacked the knowledge to "read between the lines". Understand that when I work with attorneys in Nevada, before I work with them I triple check their backgrounds, as it is the only state with such a tremendous disparity between great attorneys and attorneys who will say anything to get your business. Like no other state.

The law firm is Boyack, Orme & MURDY. Do you see the problem? It is not obvious at first. Especially the statement re:" Homeowners' Association Defense"

I currently teach a group of attorneys that is 7,000 strong. I have testified in over 100 legal cases, and have been on the winning end of 100% of these cases. I do not say this to boast, but to express that I know what to look for when hiring attorneys, and the board completely ignored my input.  I DEFINITIVELY DID NOT VOTE TO HIRE THIS FIRM.

Why would anyone NOT require you provide proof of your qualifications to be on the board? Imagine letting anyone become an astronaut?

What makes this attorney inappropriate for this board? 1. Biggest problem: As he admits, he represents DEVELOPERS. Were you aware that there is a current group of single story homeowners that have a serious issues with their AC units that were placed outside the main bedroom, making it difficult to sleep. They are currently gathering signatures to go after DR Horton for the cost of moving the AC unit to the opposite side of the house. We are in Las Vegas. This attorney who wants business from developers will NEVER put in the effort to help the homeowners in a dispute between DR Horton and these homeowners. The money comes from the developers, meaning they will represent the homeowner because they are required to, but will most likely push for a settlement that costs the homeowner money unlike a true (what is referred to as a "Plaintiff's attorney") meaning they will do ANYTHING for the little guy. This is NOT the right attorney for this development. Not only did this board violate their ethical duties and commitment to their fiduciary duties, but worse, hired an attorney who will have no issue charging us to not put 100% of his effort into helping us if a developer (their goldmine) is involved. 2. "Representing homeowners associations". If this said "Homeowners," then I would hire them. Instead, he clearly admits to defending the Board. What did they do that required legal defense? What mistakes did they make where they need an attorney? As a board member, because I left up the 15 MPH speed limit signs (they now know that it was my legal duty to leave them up which is why they are still up).

Want to be disgusted? When I found a lost dog and knew that the same dog was caught and returned by another board member, they lacked the human decency to just let me know who the dog's owner. THEY MADE ME MAKE YOU PAY AROUND $250.00 TO ASK THE ATTORNEY FOR THIS INFORMATION AND THEN REFUSED TO PROVIDE IT.

The poor dog. I don't give up easily, and found her owner through the chip anyhow. Take that board. The worst part? I had surgery that morning. They knew this and STILL refused to help. The pain was insane but the dog is with it's mama! All that matters.

REALLY BAD: The record is clear: This board held a special "secret" meeting to hire this firm. What is truly suspect? This meeting was called 4 days after she made the commitment to take her fiduciary duties seriously on FB postd (meaning she would never even consider hiring an attorney and work things out through discussion, as I requested in writing. This reasonable request was ignored.

If you've not seen the video PROVING she demanded an attorney after denying she would ever do this. Here it is.

Secret meeting on March 26th, 2025. Did you receive an invite to vote? No?

Again referring to the beginning of this discussion, it appears you were required to receive written notice about the hiring of this attorney, yet this step was skipped when it was made a "top secret" emergency meeting.

I wish our new president would understand that my challenges are what makes her smarter and stronger. By working closely together instead of hiring an attorney, she could have been less embarrassed by her demand to take down the 15 MPH signs just to find out that I am legally obligated by Nevada law to IGNORE a demand from a president if the request leads to a result damaging to the community. If she was just more friendly, called me and said "Why did you ignore my demands". I would show her the law where it states this directly (see below). We could have worked things out nicely, both walked away learning, and had no legal expenses to explain that she was wrong. I completely understand that I'm an old guy but in most cultures, relying upon the wisdom of those older makes it so you don't have to find things out through the painful experience. In this case what makes it really bad is YOU HAVE TO PAY FOR HER EDUCATION. Thoughts:

1. Did you vote for this board? Probably not, since I think the number that voted was not many more than those on the board).
   

2. Were you even aware there was an election?
   

3. Doesn't it make sense due to all these issues to hit CTRL-ALT-DEL and implement a new election, and do it properly and not sneak it under the radar.

4. Wouldn't be great to get to know those running for the board BEFORE you vote for them. This is a democracy. Now, there is an issue that has emerged that may make this election invalid anyhow. Were any of you present for the counting of the votes? Take a look at the process:

   
   

   

   Look at the last requirement: Were any of you in "plain sight at a meeting of the unit owners?" If not this may not be a legal election.

   Here take a closer look.

   
   
   
   

   

   If you were not offered an opportunity to watch the votes, who knows if there was any fraud? I was excluded from the meeting believe it or not.

   
   

Here is my "intro video" in case you were not aware of my background.

Who is your board member: Meet David Marcarian, Former NASA Researcher.

REALITY CHECK: With the documentation I have, I could go on for hours with errors made. But the bottom line: Instead of spending a fortune on legal fees where the only one who wins is the attorney. We have two choices at this point:

1. Spend a fortune on legal fees. Although I am on the board and my legal fees are to be paid by the board, I have thus avoided hiring an attorney. I honestly have neve seen such a major error (I will save this for court) that invalidates the entire case). In other words, legally I have no choice but have this board spend a fortune on legal expenses as I have to defend myself as I appear to be a target even though the only thing I did was leave up the 15 MPH signs which REALLY upset the president. Her demand that they be removed was not proper, and so what are we doing with an attorney? The more and more I look at what is happening, this is personal. The president does not like that I keep catching them violating the law (I have plenty of proof of this and EVERY TIME anger has been expressed instead of saying "thank you" for saving them from making a gigantic legal error (towing a car they believed was not registered not knowing that individuals have 30 days to put the tag on). I'm so glad I saved us the $100K it could of cost if that van was damaged if they actually did not cancel the tow. 2. A reasonable person would consider having another election as completely fair, since know one even knew there was an election. Let's have another election. Please simply download the form and follow these simple instructions: This form requires that we have a new election. Big deal. Now you get to vote! Isn't it fair in a democracy to exercise your right to vote?
   

2. FORM TO REQUIRE A NEW TRANSPARENT BOARD ELECTION. NOTE: The issues:

   1. The board was negligent by not implemented the approved 15 MPH signs that save us a fortune in case someone speeding killed someone on our property. They believed we were covered by state law, but a simple google search can show you this is false. State Law requires that each HOA present the speed limit. It saves our children lives, and keeps us from paying an unknown amount of money monthly. With the 15 MPH signs prominently posted, we are protected by almost all liability associated with speeders. We've made it clear. I paid for these signs and installation myself, as I am required by law to do what is ethical regarding the president's demand I take them down.

   2. negligent by ignoring bills until I forced them to start paying them. I'm not sure why this happened. Regardless, it shows a lack of basic responsibility.

   3. The board ethically should have had you vote on whether or not you wanted the HOA to hire an attorney. It is your money. You have the right to vote. They did it via Secret meeting. Let's just get real and have a simple and fair election. We made a mistake, time to resolve it.

      
      
      
      
      
      
      
      

Petition to remove board members requiring signature do not number pages.pdf

Download PDF • 406KB

1. 
   

   1. Download the form above:

   2. Print your name.

   3. Sign your name.

   4. Enter your home address.

   5. Write the data. I AM NOT GOING TO EXPOSE THE WORST ISSUE AND WHY AN ATTORNEY WAS HIRED. IF WE JUST DEMAND A NEW ELECTION, NO ONE GETS HURT. You have to understand. IF I expose this violation, the individual's credit score is knocked down by 100 points. I do not want to do that to anyone. So let's just have a fair, new election instead of digging deeper. I have DOCUMENTED EVERYTHING as is my ethical duty to protect the homeowners Just because you are president, you don't get to violate the rules and regulations. Holding a secret election? I'm sorry. This is just wrong. Drop off the form in the locked form box at my address (email me speedracerguy@gmail.com for my address unless you know it. I do not feel comfortable providing my address to the world. DID YOU HAVE ANY EXCESS EXPENSES OR LEGAL FEES UNTIL NOW? When I was president, I refused to waste money. At least with a piece of equipment, you can use it.

   6. When you waste money on attorneys? You have two groups forced to sit down and negotiate but with a $100K bill to pay. I am a proponent of sitting down NOW and resolving the issue WITHOUT the $100K bill. You both end up at the same place anyhow, but with an extra $100K we can't afford destroying the value of our homes.

   7. I am old enough to know we can resolve all matters without attorneys. I'm sure you know this too. Just takes too adults.