SC Dehumidifier Litigation Comment – 2

Submitted by Steve Guderian as an addendum to his previous post

To the SU Community,

I forgot to add a very important piece of information in my previous post, as required by NRS the SC BOD did go out to the community and obtained a vote that was 6 to 1 in favor of going forward with the lawsuit against Pulte. Below is Mr. Bower’s response to this fact in the SC discussion board thread, Mr. Bower’s post was made on 1-31-18 at 2:52 PM:

“What has happened in both Somersett and Sierra Canyon is that the boards have added wording of their own to the voting instructions stating that the board may extend the ballot to be received by date deadline at its option. In real life that means that if we the board do not get the necessary number of votes we want to proceed in the manner we want we will allow more votes to come in until we have the number we want and that that number includes the 50% Plus One number needed. In other words, unlike most elections voting continues until the desired result has been achieved.

That may not be “fair” in the minds of many, but the many don’t conduct the election. The few do.

In one Somersett election the ballots were opened on a weekly basis by staff and one or two board members so the board could know whether to extend the voting deadline or not. Owners didn’t know anything other than more time to vote was being given. Don’t believe that happened? Well, I was physically present at some of the vote count sessions to help count and have documented notes on the number of For and Against votes and their count dates.

There is no “BY LAW” (where an it be read?) that “you have to go out for another vote . . . . . .” Actually the election is over at first count, but since the desired result by the Board was not reached, it enacts its pre-stated option and extends the ballot must be received by deadline.

A non-returned ballot is a NO vote!”

This piece of information is wrong on every level. The simplest way to show this is by looking at the very last statement, the one stating “A non-returned ballot is a NO vote!”

Historically, and I am sure that most SU readers know this, a majority of the residents is never reached on the first ballot. If the ballot is worded in the negative or converse form of what they really want the board can go through with any action they want after one vote. In other words, simply word the ballot such that a “NO” vote allows the board to do whatever they want to do. This way all of the non-returned ballots, which is easily the majority of ballots, is a “NO” and if what Mr. Bower is saying were true the board could move forward anyway they want to.

The facts, and the law speak for themselves.

Steve Guderian
Sierra Canyon Resident

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