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"Memo to Self" by "David Berman," An SCA View Editorial by Ron Johnson in response to David Berman's straw man argument on his blog, 2 April 2011, reproduced in pertinent part below with supplemental commentary in brackets [ ].
Indictment: A formal accusation of a felony, issued by a grand jury after considering evidence presented by a prosecutor. The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Eager to generate controversy during a Board election campaign, inflammatory blogger Ron Johnson is out with an article in which he defames current and past SCA directors by falsely claiming that they have been “indicted” by the Nevada Commission for Common-Interest Communities. [Note that there was no such article but a Link to the Attorney General's indictment (charges).]
This is not only a flat-out lie, but is clearly designed to create fear and anguish among SCA residents who don’t know the true facts.
When the 2007 session of the Nevada Legislature made certain changes to Nevada Revised Statute 116, the law that regulates homeowners associations, the effect of the changes was that specific provisions of Sun City Anthem’s CC&Rs and Bylaws were no longer legal.
Since SCA’s governing documents would remain in violation of law if the CC&Rs and Bylaws were not changed, the Board voted to do what I understand many HOAs in Nevada have done for years in such situations, which was to make the changes to comply with the law without taking a vote of the residents.
It is this action that forms the basis of a Commission hearing that will be held in the coming weeks.
No crime has been committed. No felony has been committed. And no one is going to jail.