Las Vegas, NV - November 21, 2014
The Nevada Commission
for Common Interest Communities and Condominium Hotels (CICCH) this week imposed
disciplinary action in two cases heard before the Commission. The Real Estate
Division of the Department of Business and Industry brought cases against Judith
Fenner and Richard Willer alleging the respondents knowingly and willfully
violated multiple statutes of State law.
The Commission levied heavy administrative fines, penalties and restitution
against Judith Fenner after she was found to have violated Nevada law in excess
of 30 times. The disciplinary action comes after previous hearings before the Commission
which resulted in the revocation of her community management certificate and a
voluntary surrender of her real estate salesperson license.
Among the violations, Judith
Fenner was found guilty of:
Comingling money from one association for which she provided
services with the account of another association.
Accepting payment of
approximately $7,500 on two occasions when her contract at the time provided
for a fee of $1,000.
Causing the Association to incur overdraft and insufficient
check fees totaling more approximately $4,300 by failing to exercise reasonable
care in the performance of her duties.
Advising board members to transfer money from reserves to the
operating account to cover shortfalls and then using in excess of $37,000 from
those funds for her personal attorneys’ fees.
A default judgment was
entered when Ms. Fenner failed to appear at the hearing. She was ordered to pay
a total administrative fine of $95,000 plus $7,795 for attorney’s fees and the
cost of the investigation. She is also
ordered to pay restitution of $60,226.90 to Pueblo at Santa Fe Condominium
Association Board Member
Richard Willer was removed from his position as director and officer of Images
Homeowners Association. He is precluded from serving on any board in the State
of Nevada, including any home owner’s association board, for a period of 10
years and until the assessed fine has been paid.
Willer violated his
fiduciary responsibility as a board member when he knowingly and willfully
committed an act or omission which amounted to incompetence, negligence or
gross negligence. Additionally, he
failed to act in the honest belief that his actions were in the best interests
of the association during an interaction with a tenant of a unit owned by the
In addition to removing him from the board,
the Commission also ordered Mr. Willer to pay an administrative fine of $2,000
plus $7,120 for the cost of the investigation and attorney’s fees.
About the Real Estate Division, CICCH Ombudsman’s Office
The Office of the
Ombudsman for Owners in Common-Interest Communities and Condominium Hotels
Ombudsman’s Office was created to assist homeowners and board members in
common interest communities to better understand their rights and obligations
under the law and their governing documents.
The mission of the office is to provide a neutral and fair venue to
assist homeowners, board members and community association managers in handling
issues that may arise while living in a common-interest community. For more information
about the Division or the Ombudsman’s Office, please visit http://red.state.nv.us.
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