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The following is an unedited version of a complaint verbally presented at the March 20,2014 Mesquite Vistas Board Meeting by Dick

Wilson, a Mesquite Vistas Property Owner. He stated that it included his personal opinions and requested the meeting minutes reflect his remarks.

This complaint pertains to a violation of the Mesquite Vistas Bid Opening Policy & Procedure and NRS 116.1113, Obligation of Good Faith, resulting in actions occurring prior to, at, and following the Mesquite vistas Community Association Board Meeting on June 20, 2013 which in turn resulted in: 1. The repealing of the unanimous approval of the board at the May 16, 2013 Board Meeting to prepare an RFP for the management contract and

2. The awarding and signing of a 1 year management contract with Terra West. It includes references and personal opinions taken from, but not limited to the Mesquite Vistas Minutes, Agendas, Meeting CDs, NRS and NAC, a Nevada Real Estate Division Advisory Opinion and the adopted Mesquite Vistas Bid and RFP Resolution. Following extensive research, it is my opinion that multiple violations and obvious cover ups and favoritism occurred between the May and June meetings. Submitted for the record is a summary of agenda items, comments and questions:

May 16, 2013 - The agenda included RFP for Management Contract under New Business whereas a motion was made by Gordon Shepherd to assign the RFP to Gordon Shepherd, and unanimously passed. June 17, 2013 - The agenda made available to owners 3 days prior to the meeting included the Review and Approval of TW Management Contract Renewal. At the June 20th meeting The agendas provided to the owners included an added item, Unfinished Business RFP for Management Contract as well as an undated and unsigned Resolution of the Board of Directors which was stapled to the back of the agenda. NAC 116.408 8(d) includes a board duty to obtain, when practicable, at least 3 bids from service providers. The MV Resolution for RFPs includes that all purchase of $1,000 or more require the RFP/Bid process. NRS includes that as fiduciaries the board shall act on an informed basis, in good faith and in the honest belief that their actions are in the best interest of the association. The facts do not support that renewing a contract with more than 2 months remaining and includes a clause for extending on a month to month basis - fulfills the duties of the board. These specific facts, as they pertain to both the State of Nevada and the

Mesquite Vistas documents, clearly justify that the action taken was a violation. The specific facts do not justify ignoring the rules and purpose of these documents.

Does awarding a contract in excess of $90,000 - without seeking bids from other service providers fulfill the Boards duty to act in the best interest of the Owners? The document in question includes that awarding Terra West the contract - with a five percent increase would still not bring the fee higher than the next highest bid obtained in 2011. This is irresponsible reasoning. The cost of a service in todays marketplace is more relevant than the cost for the service 2 years ago. The Board President and Community Manager argued that the resolution attached to the agenda justified awarding a contract without receiving bids. Upon reviewing the CD of the meeting the President is heard saying the resolution was received the night prior to the meeting. Research determined that this resolution document has never been on a Board Agenda, which brings about the following questions:
1. Why didnt the Board adopt this proposed resolution at a regularly

scheduled, noticed meeting, and why wasnt it distributed to the owners within a 30 day timeframe before becoming effective as required by NRS 116.12065?
2. If the Resolution wasnt adopted by a majority of the board in a regularly

scheduled and noticed meeting, how could it be valid much less be used, in the justification or support of an agenda item? It appears that this untitled document may have been created to help convince the board that giving a new contract to Terra West without seeking bids was permissible.
3. I ask the incumbent Board Members, Did you see, and did you vote on

this document becoming a Resolution of the Board? This complaint is limited to the submission of this Resolution in question, that in my opinion was designed to cover up numerous questionable matters connected with the awarding of a $90,000 (5% increase) contract to Terra West. It does not include the reasons that owners feel warrant not continuing with Terra West which may be submitted in future complaints including the failure to provide services previously enjoyed and those promised in the Management Company selection process in August 2011. I ask that the board listen to the tape of the June 20, 2013 Board Meeting and determine if the interruptions and addressing persons in the audience without going through the Chairman by the Community Manager should be addressed. At the same time it is recommended that the unprofessional comments and actions including shouting directed toward persons in attendance by the Board President be addressed. In conclusion, I ask that you do the right thing and correct this situation. I request that the board take immediate action to create an RFP and seek bids for Management Contracts, including a specific date for awarding the contract. This action in no way would compromise the Board or Association, but will serve to correct an action that many in our community feel was not handled correctly, for all the reasons I have listed.

It is not my desire to have this situation lead to the incurring of any legal fees that, we all as homeowners have to absorb. I only wish for this to be rectified so we all can move forward. I admit to not understanding why the incumbent Board seems to fear going out to bid for the management contract. There is nothing to lose by seeking and reviewing bids for a $90,000 service. Excerpts from Dick Wilson