Meeting Location   

2nd Floor Party Room

Call to Order at 7:45pm

Members Present

Michael Parrie, Monique Fouant, Catherine Kestler, Sheldon Atovsky, Jean Shamo (via speakerphone)

Management

Dave Barnhart, Property Supervisor; Timothy Patricio, General Manager; Danny Bravman, Community Manager

Open Session

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.

Lawsuit Authorization

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.

ADJOURNMENT

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