2nd Floor Party Room
Call to Order at 7:45pm
Michael Parrie, Monique Fouant, Catherine Kestler, Sheldon Atovsky, Jean Shamo (via speakerphone)
Dave Barnhart, Property Supervisor; Timothy Patricio, General Manager; Danny Bravman, Community Manager
Board President Michael Parrie called the meeting to order and confirmed a quorum of Board Members were present.
Closed Session Business
After a motion by Michael Parrie, seconded by Sheldon Atovsky, the Board of Directors of the Park Tower Condo Association voted unanimously in favor of a resolution to deny an Owners request to waive late fees.
Minutes – February 14, 2022
After a motion by Sheldon Atovsky, seconded by Catherine Kestler, the Board of Directors of the Park Tower Condo Association voted unanimously in favor of a resolution to approve the minutes from the Board Meeting held on Monday February 14, 2022.
After a motion by Sheldon Atovsky, seconded by Monique Fouant the Board of Directors of the Park Tower Condo Association voted unanimously in favor of a resolution that WHEREAS, the Board of Directors (the “Board”) of Park Tower Condominium Association (the “Association”) is the governing body of said Association and is charged with the direction and administration of the Property subject to that certain Declaration of Condominium (“Declaration”) for Park Tower Condominium (the “Property”), as from time to time amended; and
WHEREAS, counsel for the Association has issued multiple letters to the Occupant and Owners of Unit 3909, demanding that the Occupant of Unit 3909 immediately cease and desist from engaging in violations of the Association’s governing documents; and
WHEREAS, the conduct of the occupant of Unit 3909, and the violations of the Association’s governing documents, continues; and
WHEREAS, the Board desires to initiate Litigation against the Owners and Occupant of Unit 3909 to, among various remedies, force a judicial sale of the Unit; and
WHEREAS, there are certain individuals who have important information concerning the matters giving rise to the Litigation, and this includes but is not limited to Board members and the property manager; and
WHEREAS, these individuals are members of the Association’s control group and who will have communications with legal counsel for the Association in connection with the Litigation, and the communications between these individuals and the Association’s legal counsel must be protected from disclosure and not result in a breach of the attorney-client privilege;
NOW, THEREFORE, BE IT RESOLVED that the Board instruct legal counsel to take necessary and appropriate legal action to terminate the Occupant of Unit 3909’s right to occupy, use, or control Unit 3909, and to force a judicial sale of the Unit, and to seek any other judicial remedy described in Paragraph 13 of the Declaration or that may otherwise be permitted against the Occupant and Owners of Unit 3909, that counsel deems necessary and appropriate; and
BE IT FURTHER RESOLVED THAT the Association hereby establish a Litigation Commission, Chaired by the President of the Board, and appoint the following individuals to the Litigation Commission, as well as such other individuals whom the Board may appoint in the future:
Dave Barnhart, Timothy Patricio, Jacquie Smith, Michael Parrie, Jean Shamo, Monique Fouant, Catherine Kestler and Sheldon Atovsky;
BE IT FURTHER RESOLVED THAT the Litigation Commission’s deliberations shall be confidential and all communications between the Litigation Commission and the Association’s legal counsel shall be treated confidentially so that they will be protected from disclosure to the fullest extent allowed by law.
COVID-19 Response Policy
After a motion by Monique Fouant, seconded by Sheldon Atovsky, and discussion, the Board of Directors of the Park Tower Condo Association voted unanimously in favor of a resolution to approve lifting the face covering mandate for Park Tower common areas and the capacity restrictions in all elevators, but keeping in place the proof of vaccination requirement for Health Club Memberships for the time being.
After a motion by Catherine Kestler, seconded by Monique Fouant, the Board of Directors of the Park Tower Condo Association voted unanimously in favor of a resolution to adjourn the February 28, 2022 Board Meeting at 7:54PM.
Signed (as seen on pdf of official minutes for this meeting, upper right corner of these minutes).
Michael Parrie, Board President
Sheldon Atovsky, Board Secretary