A PETI TI ON FOR THE RECALL OF GORDON SHEPARD FROM

THE MESQUI TE VI STAS COMMUNI TY ASSOCI ATI ON BOARD OF

DI RECTORS: (Please provide only one petition per Unit)
Dear Mesquite Vistas Homeowner,
This petition for a recall election is being circulated by Mesquite Vistas Concerned Citizens
(web site: mesquitevistasconcernedcitizens.weebly.com)
Nevada State Law [NRS 116.31036] provides for the recall of Executive Board Members,
with or without cause; However, Gordon Shepherd has provided plenty of causes for
removal, a few of which are itemized in this petition. If you agree, please sign the petition at
the bottom and then place it in the pre-addressed envelope provided and mail.
CAUSE #1
Question:
Why recall the President of the Mesquite Vistas Community Association, Gordon Shepard?
Answer:
Presidents are leaders and team builders they look for resolutions and solutions. They know
when to compromise, they empower others, they set a good example and are always
diplomatic. The president is expected to respond professionally, to give a fair and appropriate
hearing to a matter and to be honest, fair and ethical. I n a Community Association he or she
has the responsibility to ensure agenda and meeting rules are followed, and to oversee and
monitor the action and performance of the community manager. Gordon Shepard has failed
in each and every one of these expectations.

Gordon Shepard and the Community Manager for Mesquite Vistas Community Association
make decisions unilaterally, set policies, take action and make business decisions that are
contrary to those approved by the board during a board meeting. Gordon Shepard also has
failed to honor the 5 minute time frame allowed for homeowners to present their
comments, he and / or the Community Manager participate in changing agendas after they
are made available to owners and they prepare and distribute agendas that do not meet the
requirements in the Mesquite Vistas Meeting Resolution or the Nevada Statutes (NRS 116),
schedule workshops that are not announced to owners, and conduct votes by email. The
Meeting Procedure Resolution adopted J une 29, 2011 includes that the board shall attempt to
provide answers to questions raised during the Open Forum's or indicate that a verbal or
written response will be given at or by a specific date. The President, Gordon Shepard, when
chairing the meetings does not follow this requirement.

I n a Community Association the members and officers are fiduciaries with a duty of care for
their prime directive is to protect, maintain and enhance the value of the owners assets. As
President, Gordon Shepard has failed to act in good faith for the benefit of the whole. As the
presiding officer of the association meetings he has failed to respond professionally and give
a fair and appropriate hearing to matters brought forward by owners.
CAUSE #2
Under Gordon Shepards initiative the Mesquite Vistas Community Association Clubhouse
revenue has plummeted from $28,562.30 in fiscal year 2011 to 10,229.44 in 2013. Expenses
averaged during this same time period approximately $20,000.00 per year. The net results were
that in 2011 the Club House showed a profit of $8,949.71 which declined to $1,194.59 in 2012
and plummeted to an exasperating loss of $9,445.83 in 2013.
At the same time, that Mr. Shepard is allegedly driving this Association asset into financial ruin,
which could be a cause for special assessments to be levied, the Association legal fees have
skyrocketed from $5,251.98 in 2011, to $23,303.19 in 2012, to 29,204.98 in 2013.
And then to add insult to injury, in the May 2013 Mesquite Vistas Community Association
Board Meeting, the Board voted in open meeting to go out for an RFP (bid) from Management
Companies. But at the June 2013 Board Meeting Mr. Shepard announced that the Board had
decided to not go out for bids and that the existing management company, Terra West Property
Management would be retained at a 5% increase without a prior vote of the Board at an open
meeting. (see CAUSE#8)
CAUSE #3
Gordon Shepard, a member of the Mesquite Vistas Community Association and currently
serving as the Boards President, allegedly violates the requirements of the contractual
maintenance obligations of the Mesquite Vistas 1997 Agreement with The Canyons sub-
association by refusing to have the damaged retaining walls in the terraces repaired:
The 1997 Agreement states: MESQUITE VISTAS COVENANTS. In consideration of
the foregoing HOA covenants, Mesquite Vistas, at its sole expense shall: (paragraph
2(g) provide for landscaping along Green Park Drive (including landscaped areas under the
highest retaining walls of The Canyons fronting Green Park Drive) to be installed and
maintained, to Mesquite Vistas regular streetscape standards, and continue to maintain in
perpetuity the landscaping in landscaped areas under the highest retaining walls of The
Canyons fronting Pioneer Boulevard, and;

CAUSE #4
Gordon Shepard allegedly violates the contractual terms of the 1997 Agreement between the
Mesquite Vistas and The Canyons Associations by refusing to acknowledge that the 1997
Agreement creates a maintenance easement over these terraces which results in qualifying
these terraces as Mesquite Vistas Association Property , in the definitions Section 1.8 of
the Mesquite Vistas CC&Rs, for maintenance purposes:
The Mesquite Vistas Master Association CC&Rs [Section 1.8] clearly requires that: the
Mesquite Vistas "Association Property" shall mean all the real and personal property,
including Improvements, now or hereafter owned by the Master Association, or with respect to
which the Master Association has an easement for the use, care or maintenance thereof,
...The Association Property shall constitute "Common Elements," as such term is defined in the
Act., and;
CAUSE #5
Gordon Shepard allegedly continues to violate the Mesquite Vistas Master Association CC&Rs,
Section 1.34, by refusing to comply with the requirements to repair Association Property
which clearly includes the I mprovements referred to as retaining walls:
Section 1.34 defines improvements as: "I mprovements" shall mean all structures and
appurtenances thereto of every type and kind placed in the Project including but not limited to
...retaining walls, ... ", and;
CAUSE #6
Gordon Shepard allegedly violates Section 5.1(b) by refusing to cause to be repaired Mesquite
Vistas Association Property, described as retaining walls that have been damaged by other
Mesquite Vistas Association Property identified as palm tree root balls:
Section 5.1(b) requires the "Repair and Maintenance of Association Property. The power
and duty to paint, plant, maintain and repair in a neat and attractive condition, ...all
Association Property and all Improvements thereon, ...", and;
CAUSE #7
Gordon Shepard allegedly violates Section 9.2 by refusing to cause damaged retaining walls
to be repaired as required:
Section 9.2 "Repair of Damage. Requires that, I n the case of damage by fire or other
casualty ...of any Association Property, the Master Association shall have the duty to repair,
reconstruct or replace the same. , and;
CAUSE #8
Gordon Shepard and the Terra West Community Manager for Mesquite Vistas Community
Association allegedly make decisions unilaterally, (exclusive of other Board Members) and/or
do not comply with Board approved actions;
In the May 2013 Mesquite Vistas Community Association Board Meeting, the Board voted to
go out for an RFP (bid) from Management Companies. At the June 2013 Board Meeting Mr.
Shepard announced that the Board had decided to not go out for bids and that the existing
management company, Terra West Property Management would be retained at a 5% increase
without a prior vote of the Board at an open meeting, and;
Rule #12 of the Resolution establishing Bid Opening Policy & Procedure for the Mesquite
Vistas Community Association requires that All purchases of $1000 or greater require the
RFP/Sealed bid process which means 3 bids would be obtained and the decision would be
made at a Board Meeting, and;
CAUSE #9
Gordon Shepard and / or the Terra West Community Manager allegedly participate in changing
agendas after they are made available to owners, often placing items of extensive public interest
and attendance near the end of the agenda to minimize public input by member attrition, and;
CAUSE #10
Gordon Shepard and / or the Terra West Community Manager allegedly prepare and distribute
agendas that do not meet the requirements in the Mesquite Vistas Meeting Procedures
Resolution:
Item #4 of the Meeting Procedures Resolution requires that, Before any action is taken on
any item, a motion must be made, and;
Item #5 of said Resolution requires that, Before any motion is made, the item for
consideration must have been properly placed and noticed on the agenda of the meeting in
which the action is being requested., and;
Item #6 of afore stated Resolution requires that, Each agenda will state that action may be
taken on any item and each item will be specific enough to allow owners to know what action
may be taken at any meeting., and;
CAUSE #11
Gordon Shepard allegedly conducts votes of Board Members by email, also a violation of the
same rules as Cause #8 Mesquite Vistas Meeting Procedures Resolution:
Rule #4 of the Meeting Procedures Resolution requires that, Before any action is taken on
any item, a motion must be made, and;
Rule #5 of said Resolution requires that, Before any motion is made, the item for
consideration must have been properly placed and noticed on the agenda of the meeting in
which the action is being requested., and;
Rule #6 of afore stated Resolution requires that, Each agenda will state that action may be
taken on any item and each item will be specific enough to allow owners to know what action
may be taken at any meeting., and;
CAUSE #12
The President, Gordon Shepard, when chairing the Board Meetings, allegedly does not always
follow the requirement of the Meeting Procedures Resolution that requires an attempt to
provide answers to questions raised during the Open Forums or to indicate that a verbal or
written response will be given at or by a specific date:
Rule #1of the Meeting Procedures Resolution requires that, The board shall attempt to
provide answer to questions raised by homeowners during the Open Forum sections of the
meeting, or indicate that a verbal or written response will be given at or by a specific date.,
and;
CAUSE #13
In a Community Association the members and officers are fiduciaries with a duty to care for,
protect, maintain and enhance the value of the owners assets. President, Gordon Shepard has
allegedly failed to act in good faith for the benefit of the whole. As the presiding officer of the
association meetings, he has allegedly failed to respond professionally and give a fair and
appropriate hearing to matters brought forward by the owners.
THEREFORE, as a qualified voting member of the Mesquite Vistas Community Association, I
hereby petition for a recall election, for the removal of Mesquite Vistas Board Member Gordon
Shepard, to be held:
__________________________________________________
NAME (print)
__________________________________________________
SIGNATURE
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MESQUITE VISTAS UNIT ADDRESS