David Williams and Barry Bartl Hire Attorney Thomas Harper to Go After Sky Las Vegas, Robert Paisola Reports
All of the illegal conduct that has been happening at Sky Las Vegas is coming to a head. Two Residents have hired a Las Vegas Attorney to seek Justice.
Here is the status:
Here is the status:
Dear Board Member,
I urge you to consider and act upon the attached attorney’s letter. Specifically, the non-compliant Board members (and they have been non-compliant for a very long time) need to resign immediately as per the laws cited in the attached letter. In addition, hiring an unqualified, unlicensed person as the manager for Sky is irresponsible and not in the interest of Sky owners.
Regards,
Thomas MichaelChief Executive Officer
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Michael Management Corporation
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Michael Management Corporation
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From: David Williams [mailto:davidwilliams329@
Sent: Thursday, March 24, 2011 2:17 AM
To: undisclosed-recipients:
Subject: SKY: HOA Concerns (READ ASAP)
Sent: Thursday, March 24, 2011 2:17 AM
To: undisclosed-recipients:
Subject: SKY: HOA Concerns (READ ASAP)
IMPORTANT REGARDING SKY LAS VEGAS
Dear Sky Owners:
I am sending this email regarding my deep concern for the Homeowners Association and the operation of SKY Las Vegas. I would encourage you to read the following email and attached legal letter regarding issues at SKY. The legal letter was recently sent to the HOA Attorney (Michael Schulman) and the HOA Board. I personally hired an attorney to help with the situation given my level of concern and wanted to share this with you so you are informed and have the opportunity to influence the outcome.
CURRENT SITUATION
As you may know, our HOA and General Manager has resigned her position. This position is responsible for managing our entire building and oversees all operations, so its important for us to get a qualified person with experience. The HOA Board is looking to fill this vacant spot and is unfortunately considering non-qualified candidates based on information shared with me, which is the reason for my communications.
· HOA Board is considering the developer's Leasing Agent as a candidate for this position. I am told that this applicant has no experience managing hi-rise buildings or an HOA but is enrolled in classes currently. This was validated and noted in the legal letter. It seems that all of her prior experience is in sales and leasing. These qualifications do not meet minimum qualifications to manage a hi-rise building like SKY.
· A temporary HOA Community Manager has been put in place by The Prescott Companies. Her name is Susan Green and she is an experienced hi-rise manager. She will remain in place until a permanent manager is hired. This gives the HOA Board time to find a qualified candidate.
· The Prescott Companies have provided other qualified candidates to the HOA Board. While I cannot speculate as to what decision the Board will reach with regard to hiring a manager, I have heard that the Board is leaning toward hiring the developer’s Sales/Leasing agent as the manager.
CONCERNS AND IMPLICATIONS
· Breach of Fiduciary Responsibility: The HOA Board has fiduciary responsibility to make decisions that are in the best interest of the building based on all information provided. It would be a breach of fiduciary responsibility if the HOA Board hires someone who is unqualified especially if they had qualified candidates provided to them by The Prescott Companies.
· Conflict of Interest: There is a clear conflict of interest with the HOA Board looking to put the developer's Leasing Agent in this role. We all need to be very concerned if this decision is made given we already have 3 out of 5 Board members (Aaron Yashouafar, David Pourbaba, Homan Taghdiri) affiliated with the developer. If we have a community manager who is also affiliated with the developer, we run a greater risk of having building decisions made in favor of the developer versus the remaining Sky owners.
· Board members behind on SKY HOA dues: From what has been shared with me in prior Board meetings and what I located in our HOA Financials, the developer owes the HOA significant amount of dues. Its against our bylaws to have anyone on the Board who has been delinquent for 30 days or more. Therefore, we have individuals making decisions for all of us homeowners and clearly shouldn't be based on the bylaws. The bylaws indicate that these individuals should resign immediately. This is even a greater concern given they are wanting to hire their own leasing agent as our next community manager and this is clearly a conflict of interest.
Needless to say, if the HOA Board decides to hire an unqualified candidate, they have breached their fiduciary duty and acted negligently. I find it unconscionable that our elected Board members would vote in favor of hiring someone without qualifications to assume the monumental responsibility which is the management of our building. They cannot actually think that doing so is in the best interest of the owners, association or residents. I also have requested that all delinquent Board members resign immediately to uphold the bylaws that we have in place.
WHAT YOU CAN DO
1. Respond to the HOA Board via email ASAP: Send email tobod@skylasvegashoa.com and let the Board know you share these concerns. They are likely to make a decision any day so time is of the essence. If you cc: me on your communications, I will also make sure the Board receives copies of your responses at the upcoming Board meeting. Its imperative that you reach out to the HOA Board with these concerns ASAP. I think once you read the letter from the attorney you will have a better understanding of the legal implications and reason for my concerns.
2. Rally fellow residents: Talk to your fellow homeowners as its going to take all of us to make change. We cannot afford to take a back-seat when our property investment is at risk.
3. Attend the next Board Meeting: The next Board Meeting is scheduled for this upcoming Tuesday, 3/29 at 5pm and would strongly encourage you to attend. I don't live full-time at SKY, but planning to make it a priority to attend given what is at stake. I look for the HOA Board to push for a decision in this meeting.
Thanks in advance for your help.
Sincerely,
David Williams, Sky Owner
Unit #1111
This is a copy of the letter from Attorney Thomas Harper
https://docs.google.com/
NOW LOOK AT OUR RESULTS... WE WON AND THE BOARD OF DIRECTORS THAT WERE IN QUESTION WERE ORDERED TO RESIGN IMMEDIATELY AND THE KINGPIN/ GODFATHER IN THIS SCAM WAS INDICTED AND IS GOING TO PRISON. WE DO NOT SCREW AROUND.
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