During the past few days I have been reminded by several Association members, that members of
the Sun City Summerlin Board of Directors are indemnified if they unwittingly break the law.
Also, I have been reminded that this protection, via an Insurance Policy, which we association
members pay for, is augmented in general, by the Board of Directors, Covering their Rears
by using the commercial standard known as the "Business Judgment Rule". (check it on Google)
If we didn't have these protective provisions in our governing documents, it is unlikely that any person
would serve the community.
Within the conversations that I have had with some fellow association members, the situation of
Sheila McCanna, a licensed real estate agent, who, in my opinion, should have higher ethical standards, and Stan Bjonerud, the owner publisher of The Village Voice made a written "Blackmail Attempt" dated August 19, 2010 whereby they sent a Memorandum to all Board members and others, threatening, with details, to disclose some personal details of some association individuals, staff and directors, unless the Board declined to follow the lead of President\Director Steinman in removing the Exec
Dir from office. The Board ignored this attempt of blackmail.
Now the critical issues that I am being questioned on are:
1. Why didn't the Board report the attempt of Blackmail to the appropriate law enforcement
authority?
2. Because all members of the Board are elected by the Association members, this Blackmail
attempt was in reality an offense against the orderly conduct of business for the benefit of
SC Association members. As such, the key question that surfaces is whether it is reasonable
and practical for a lay Sun City Summerlin Association member to do what the Board failed to
do and have some impact in preventing this type of breaching of our civil laws?
3. It appears clear that in this particular incident, Sheila McCanna and Stan Bjonerud, in their
attempts to run this Common Interest Community as they see fit, without serving on the Board,
have exceeded their rights and intruded on those of others. As such, they are in the same
position as Board Directors. They will not be indemnified from any legal expenses if
litigation becomes a fact and as I understand from counsel at this date I\we do not have any
problems relating to 'Statute of Limitations'.
I am available for any discussions, private or on this SC-Buzz chatline that are targeted to be
for the benefit of this community and the elimination of any similar incidents.
Bernard Silver
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