Recall Board Member Tom Gusich
It’s time to vote!
On January 22, 2025, Tom Gusich filed a lawsuit against the Association (all of us!) and is suing to make the Board of Directors’ Standards of Behavior invalid, and for a monetary settlement along with all of his attorney fees. A recall petition was initiated in November and has now exceeded the mandatory 10% of homeowner lots. A community vote takes place through February 21 and at membership meeting 2/24.
Since beginning his term less than a year ago, Tom’s disruptive and damaging behavior as a board member, unprecedented in The Grand’s history, includes:
- Violation of governing documents
- Hiring an attorney, threats, lawsuit
- Demands for financial compensation
- Unavailability for mediation
- Calls for firing our senior staff members
- Secretly recording conversations
- Yelling and swearing in meetings
- Verbal abuse of staff and residents
Impacts to you as a homeowner include:
- Significant legal costs, which are growing
- Vendor complaints, project delays
- Staff and board member resignations
- Negative impact to community reputation
- Realtor disclosure of lawsuit to buyers
- Risk to our home values
How to Vote for the Recall
Voting is through Feb 21 at noon & Membership meeting Feb 24
This recall vote is open to all homeowners in the community. Homeowners may cast one ballot for each home owned in The Grand. You are eligible to vote even if you are a part-time community member, a resident of another state, or a citizen of another country.
You will receive a letter from VOTENOW and an email from Sun City Grand Ballot ([email protected]) including your unique voter ID number which is specific to your address. This number is required in any manner you choose to vote. Please watch your postal and email boxes!
Choose One of Four Ways to Vote:
- Online
- Via Telephone
- A paper ballot from the Palm Center Membership Desk during business hours
- In person at the Membership meeting on February 24 at 1:00 pm
The number of ballots received must equal those from at least 1000 household lots in order to make it a vote of the membership. A majority of ballots voting YES will result in a successful recall.
Tom Gusich Recall FAQs
How long has Tom been on the Board and when did issues first arise?
Tom was elected to serve on the Board and began his 2-year term on April 1, 2024. The Board initially approached Tom about his behavior the following month.
What has the Board done to address the situation and try to avoid his threat of a lawsuit?
Since June, the Board has had numerous executive sessions with Tom and engaged in extensive private discussions with him, in an attempt to help Tom find ways to constructively utilize our policies and processes, and to stay within the guidelines of our governing documents. The Board proposed mediation in November as a means to resolve the conflicts and foster a productive working environment among Board members on behalf of the community. Tom accepted this solution, as long as his attorney was able to choose the mediator, and if the association paid for all costs of the mediation. The Board agreed.
Why didn’t mediation work?
Although Tom agreed to the conditions of mediation, he was unavailable and then filed his lawsuit on January 21.
How have residents responded?
In November, residents began a recall petition, separate from actions being taken by our Board and CAM staff. We are following the process outlined in Arizona statute 33-1813: Removal of board member. The petition resulted in signatures from well over 1000 household lots, exceeding the 10% threshold required to take this matter to a vote of the community.
What is he suing the association (all of us) for?
In his lawsuit of January 22, 2025, Tom has asked the Court to invalidate the Standards of Behavior for Board Directors, which the Board, including Tom, approved unanimously after the Board incorporated revisions that he suggested. He is demanding that the Association pay all his attorney’s fees incurred since October. He is also looking for a monetary settlement to be determined at trial.
What will this cost our association?
To date, we believe the community has paid tens of thousands of dollars to respond to demands, threats, and allegations. Responding to this lawsuit is the first step in defense. Should the Court determine that the lawsuit may proceed, our costs will escalate significantly. It is probable that it will take several months to even reach the trial stage. Trial costs can be substantial, and any monetary settlement would be determined at trial. All of this is in addition to considerable staff time required to focus on this matter.
Is it true that I must disclose this lawsuit to potential buyers if I want to sell my house?
Yes.
Is this the first time that Tom has been involved in a lawsuit with an HOA in which he lived?
No.
A Grand Fairytale
Once upon a time, in a land not far away, there was a beautiful community known as The Grand. It was a very special place full of life and promise and fun. There were lush trees and grass and lakes and even sometimes a river or two. It had clubs and restaurants and activities and music for all to enjoy. The community kept itself current and vibrant, and it was the envy of other communities far and wide. And life was good for the residents.
Overseeing The Grand was a small group of those residents called The Board, who cared for the community and wished to see it thrive. One day a Wolf came to the door of The Board and asked to join them. But the Wolf was crafty, and pretended to be a good and compassionate person, hiding who he really was. And the residents let the Wolf come onto The Board.
But once a part of The Board, the Wolf quickly showed his true self. The Wolf felt that he should be king and have power over the real King and his staff, and all of the residents in the land. He wanted to control all within The Grand, including those things he knew little about and that were really the responsibility of the staff. And the Wolf was mean and spiteful and angry.
The other Board members tried to help the Wolf to be a better person, but he vowed that he would never change. The Wolf put his own desires above the interests of the community as a whole. He yelled and he swore, and he pounded his fist. He made up stories about the staff and other members on The Board and called for the removal of the King and others.
The Wolf hired an attorney who told the community to beware and that they would likely be sued. The King and his staff and the other Board members knew that this put the community in great danger. It would cost much time and money to defend the people against the Wolf. Some of the staff were treated so poorly by the Wolf that they left The Grand, and there was talk of others leaving too. Vendors became hesitant about performing new work because there were many other places they could go and be treated with common decency and respect.
The residents of The Grand became concerned. “What will happen to our beautiful spaces and amenities?” they wondered. Word spread about the disruption the Wolf was causing, and it went to others outside of the community. “What will become of our property values?” the residents asked. “What can we do?” they whispered to each other.
And then, a Fairy Godmother appeared. She said to the people, “I can help guide you. There is a law that will give you the power to banish the Wolf. There are 3 Steps you must take. First, here is a petition that needs to be signed by those from at least 1000 homes. Take this petition and gather signatures.”
And so, the people did. They took the petition to their friends and neighbors and the people signed. And those people took the petition to others, and they signed too. First there were a few hundred, then a few hundred more. And the people felt hope.
But soon the Wolf followed through on his threat, and sued all of the people in The Grand, and darkness fell upon the community. Then one day, there were over 1000 signatures. The people were overjoyed and brought them to the Fairy Godmother. “And now for the Second Step,” she said. “The King’s staff must call a Special Meeting of all the people in the land, and you will be able to vote to banish The Wolf.”
Close to The End