Las Vegas, NV -
November 20, 2012Nevada
Real Estate Division’s Ombudsman for Owners in Common-Interest Communities, Kara
Jenkins, yesterday presided over the unit owners’ meeting of the Autumn Chase
Homeowners Association (HOA) to elect three members to the board of
directors. The elections follow the
October removal of the entire HOA executive board by the Commission for Common-Interest
Communities and Condominium Hotels (CICCH).
The
removal of the three member executive board came after the Real Estate Division brought the case
against Joseph Bitsky, Barbara Bitsky and Hellen Murphy to hearing before the
Commission. The
Division alleged that the
respondents knowingly and willfully committed multiple violations of state law
including: failure to hold proper elections, acting outside of their scope of
authority as provided by governing documents, failure to prepare and audit
financial records and using association funds for personal use 148 times.
The Commission found that Joseph Bitsky and
Barbara Bitsky had committed a total of 248 and 261 violations of state law
respectively. They were assessed
administrativefines
and fees totaling more than $115,000 and are precluded from serving on an HOA
board within the state of Nevada indefinitely. Hellen Murphy
was not fined, but was also precluded from serving on an HOA board. Commissioners expressed concern that she too
was a victim of the Bitskys.
During
the meeting, the ballots were opened and tallied. After the elections were
finalized, the meeting was adjourned and the first Executive Board meeting
under the new leadership was called to order. The board proceeded to elect
officers and discussed the process of hiring a licensed Community Manager. The Real Estate Division returned funds and records
to the association which had been turned over to the Division temporarily for
safekeeping until a new board was installed.
“This
election was an important step in moving the Autumn Chase Homeowner’s
Association forward in putting the board back to work for the benefit of their
community,” said Kara Jenkins, Real Estate Division’s CICCH
Ombudsman. “I applaud the efforts of the homeowners who voted and attended
today’s meeting, and I am optimistic that this association will strive to make
positive changes by going forward.”
The
Ombudsman’s Office, a division of the Nevada Real Estate Division, assists
Nevada association residents and board members who want to know more about their
rights and responsibilities. Free
monthly classes and informational forums are provided in order to educate
homeowners and help avoid problems. To find an upcoming class, please visit
www.red.state.nv.us and click on
“Classes and Presentations.”
All
HOA residents are welcome. Call Ken Richardson at (702) 486-4480 for
registration and information. Can’t attend a class? The slide
presentations are posted online, along with other helpful resources.
About
the Real Estate Division
The Real Estate Division is an agency of the
State Department of Business & Industry. The mission of the Real Estate
Division is to safeguard and promote interests in real estate transactions by
developing an informed public and a professional real estate industry. 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. For more information about
the Division or the Ombudsman’s Office, please visit
http://www.red.state.nv.us/
.
###