Leticia Treviño v. DANA Properties, Inc., Sheldon Wheeler, & Sema Gonzalez

I. Introduction and Purpose

This narrative supports a complaint alleging the unauthorized practice of law (“UPL”) by DANA Properties, Inc. and its non-attorney agents Sheldon Wheeler and Sema Gonzalez in connection with the El Mirador Homeowners Association (“EMHOA”). It further places before the Disciplinary Board evidence of knowing facilitation by Association counsel, Robert Skipworth, and facts supporting referral to the New Mexico Attorney General for unfair or deceptive trade practices.

Beginning in or about March 2023, DANA Properties and its agents exercised legal judgment, controlled corporate governance, directed lien and foreclosure strategy, and held themselves out as corporate officers, all without a lawful board, without member authorization, and without supervision by a licensed New Mexico attorney acting for EMHOA. These actions continued after the entire Board of Directors resigned in March 2024, leaving EMHOA with no lawful governing body, and after counsel acknowledged in writing that no person had authority to act for the Association.

II. Legal Framework

Unauthorized Practice of Law — Rule 24-1 NMRA. The “practice of law” includes exercising legal judgment, advising on legal rights and remedies, directing litigation strategy, and representing another’s legal interests. Non-attorneys may not control litigation, direct enforcement strategy, or exercise corporate legal authority.

III. Governing Documents Require Membership Election of Officers

EMHOA’s Articles of Incorporation require that officers be elected by the membership, not appointed by a board or management company. This requirement overrides statutory defaults and renders any officer “elections” directed or conducted by DANA legally void (Exhibit A).

IV. DANA Properties’ Initial Assumption of Legal Control (March 2023)

At the March 7, 2023 annual meeting, DANA directed the Board to enter executive session to elect officers—an action not permitted by statute or the governing documents and requiring legal judgment. This marks the beginning of DANA functioning as de facto legal authority for EMHOA (Exhibit B).

V. DANA Directing Lien and Foreclosure Strategy

By July 2023, EMHOA leadership sought DANA’s advice on foreclosure timing and enforcement thresholds. DANA responded with strategy and conditions—legal advice, not clerical management (Exhibit C).

VI. Total Loss of Board Authority (March 2024)

On March 4–5, 2024, the entire Board of Directors and all officers resigned. During the March 5 meeting, DANA’s agent acknowledged “we don’t have a quorum.” As of that date, EMHOA had no lawful board and no officers (Exhibits D & E).

VII. No Lawful Board Since March 5, 2024

Under New Mexico law, when directors cease to exist, only the membership may elect new directors. Since March 5, 2024, no properly noticed membership meeting, ballot, quorum, or vote has occurred. Any “elections” conducted or managed by DANA are legally void.

VIII. Continued Action Without a Principal

Despite the absence of any lawful governing body, DANA continued to direct governance, control funds, manage collections, and influence litigation, acting without a principal. These actions necessarily involved legal judgment and authority DANA did not possess.

IX. DANA Employees Held Out as Corporate Officers

Banking records show DANA employees identified as EMHOA officers (e.g., President, Secretary), a legal representation of corporate authority, not an administrative task (Exhibit G).

X. Counsel’s Knowledge and Continued Prosecution

On January 28, 2025, attorney Robert Skipworth acknowledged in writing that the Board had resigned “in mass,” that no one had authority to act, and that he would not permit transfers due to the lack of authority (Exhibit F).

Notwithstanding this knowledge, litigation continued in EMHOA’s name. Further, in a Rule 30(b)(6) deposition, EMHOA’s designated representative expressly denied the existence of any attorney-client relationship between the Association and Robert Skipworth, while simultaneously confirming that Skipworth served as counsel to DANA Properties. This admission establishes that DANA, a non-attorney entity, exercised legal control and directed litigation in the HOA’s name without lawful authority (Exhibit I).

XI. Prolonged Admission of No Board (March 2025)

The March 11, 2025 annual meeting minutes again confirm that “the old Board had resigned,” demonstrating a prolonged period—nearly a year—during which DANA acted as the sole decision-maker without a lawful principal (Exhibit H).

XII. Unfair or Deceptive Practices Implications

Operating, collecting, and litigating while holding out authority that does not exist, and misrepresenting who controls the Association and its funds, presents issues beyond UPL, including potential unfair or deceptive trade practices affecting homeowners and third parties. These facts support referral to the New Mexico Attorney General for review.

XIII. Conclusion and Request

The evidence establishes that DANA Properties, Sheldon Wheeler, and Sema Gonzalez engaged in the unauthorized practice of law by exercising legal judgment and authority without a license and without a lawful principal, and that these actions continued with counsel’s knowledge that no client authority existed.