Preview
FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019
EXHIBIT U
FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019
DEFENDANT
EXHIBIT
DATE RPTR
DALCOREP0iÈljIGy
7/10/2016 Gmall-VanWykefirstcondo
draR
meetingmirades
forreview
Lydia Par Sun,Jul 17, 2018at 9:37AM
To all padicipantsof the fust co,ndomanagersmeeting,Beloware the draftminutesof the meeting.Pleasereviewthem andsend any commentsor m=
cEnGa
back so that the draft can beamended.It is importantthat the minutesaccuratelyreflectthe eventsof the meeting.so your inputis important.
I wait any.ieedback..HK
Van Wyck at Merritt -
Park Board of Managers First Meeting
& App-!ñt-añt
July16, 2016 at McGrathManagement ServicesInc.
1906 Rt. 52, WiccapssPlaza, Hopewell
Junction,New York 12533
Attendees:
Romina D'Amico,Al empents, Joseph Caplan,
Anthony Steve Hnatko,
Costa, Lenny Guistino, Thor Ravi Ledalla,
I.arsen, Lydia
Peter Szarmach,
Parziale, Paulette Theret
and AttorneyBernis Nelson
McGrath Management Services:
HusseinKhoder and Ryan McGrath
Guest:Bernis NelsonEsq.
Handouts:Agenda, Financlai Statements:
CGñdeminium, M
Financial teméñts: Insurance
HOA, Levitt-Furst Analysisand Bernis
Nelson Resume.
Openina
Hussein Khoderopened with a detailed of his crsdañtiâ|s,
exp!en=tion that ofMcGrathM:r.:;:m:ñt Inc.
Services, and role of the
Board of Managersversusthe Board ofDirectors.
Backed by copies
of the definition
withinthe goven-nce documents.
Oraanizational Chart
Pâiticipäñts
receivedan G:gi:ñist?üaal
Chart withthe names of the above
homeowners and each revieweda twopage document
Managers" Treasurer."
titled
'Powers and Dutiesof Board of plus another
titled
"The Main Duties
of a Cordem!ah"a's
hWps'//mall.google.com/mallM0F2tf=21Mk=7355ikieiGâwhmaptkpmInutes&qs--Irus&search=queryalh=1551913199661e21&simi=155le1=M1amimI=155tB14c760c2d0f&siml=
1/5
MEADOWS I - 3484
FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019
7/1812018 Gmall-VanWyke
crstcondo draftminutes
meeUrg forreview
Appointment of officers
The homeowner participants
divided
into groupsbasedupon their condemh!um
isspectivê and decidedto appointone
each for three
available Treasurer
Presidêñt, All groups
and Secretary, were successful
exceptthe Glen due to -
titles;
Due to the
conflicts. amount of wastedtime,members agreedto disagree.
Of note, The of each c:
President == Board of Managers
will serve as a n..s on the Board of
participant Directors.
esusg
theHomama ers Board
Association ofDirectors have eight
in effect, seated members.
Thus, will,
Here are tentative
results
of the appointments:
Meadows Condo I:
• President:
Romina D'Amico
• Vice-President:
Lydia Parziale
• Treasurer:ThorI.arsen
• Secretary:
Joseph Caplan
Meadows Condo II(onlytwo homeowners attended)
• PresidentPeter Szarmach
• Treasurer:SteveHnatko
• Secretary:Don Martin(subject
to approvaldue to his absence)
Glen: The homeawners were unable to
reach a ansensus on any t;;:::tm:nts
Next Condo Annual Meeting
Thismight be hostedin Octoberto elect
1 member to each of the three
Board of Managers(a total Refer to the section
of three). of
the bylawsthatdefinetheelectionprocess.
We willdiscussspecifies at the
pracêcdingmeeting
Attorney Presentation:
Attorney pressñted
Berrils Nelson a reviewof her legal
historyas cernarata
counsel to the City
of New Rochelle and expertise
in civic
real estate development.
Of note to the
participêñts
was a detailed of her ability
explanation to work and bring
efficiently people of
opposing ±t together.Her rates are identical
toHomewners Assaciaticñ
attorney point
at this in time.
Ms. Nelson stated
thatthe was a mutual
interview decisionof whethertheindividual
Board of Managerswanted to negotiate
a
retainer
and whether she couldprovidethe appropriate
legal counsel to our
specific needs at this point.
She highlighted
theneed for eachboard tomake its owndecisionand their to seek the best
responsibility representation.
Her resume is available
at the office
ofMcGrath Management Inc.
Services, for review.
Condominium Financials
Mr. Khoder pressrited
a basic tutorial
on theHomeswñsis Association Statement
Financial which included:
Balance Sheet,Profit &
hflpsiknsil.google.com/=f-'"'.PP"L"07355196e6li&vlew=pt&q=minutes&qs=irumimmemi
mumyr.;:--155191379966182famim1=1655137998dle2famiml=155B14c750c2dOlasiml=155Bobbl46412be
2f5
MEADOWS I - 3485
FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019
7/18t2016 - VanWykefirstconch
SmRil meeliredran
minutes
forreview
Loss, Budget Comparkn, Cash Flow; how monthlycommon charge flow, and Bank Accounts,
Reu,ñcGiátion Aged and
Receivables
Aging Payable Surnmary,
Delinquenciesand Collections
Process
Abandoned Units
Of note:AttorneyNelson claims
the Abãñdch6d Home Rental programwas legal.
Also,thatthe Board of Directors
could,at their post
discretion, the names of delinquenthGmsawñêrs on the bulletin
board inside
the clubhouse is not
as that public.
Whether thathappens or notis certainly
subject
to debate.
Insurance
Levitt-Furst
Insuence might be able to
providemore cost effective
premiums of separate
based on a consolidation cP±Ps
policies.
Maintenance
Of critical
importanceis thesubject
of properlyma!ntenanceas a number of identifiable
structural pose a risk to
def|ciancir.4
residents to all entities.
and.liability In the absenceof e-adi"e actiontakenby the HOA Board of Directors,
Individual
cc±= Board of Managershave the esperdbEy to compilean inventory elements
of defective that require
immarHahs
maiñtéñâncegOnce any fr.vaatary to the
is presented Board of the expectation
Directors, is that
remediation
would in
be a priority
the •n=!ne=~ae hierarchyof urgency.
Should theBoan$ of.Directors
fail to perform
the task within
an acceptable
tima%me, the
presumption Board of Managers would
is the the work
initiate afterFM="= and other
of quotes required
precedures.Payment
for will
the services be borne bythe Condos withfunds already in theHOA account toavoid tloublepayment.
Damntralizationof powerto the cande~±:
individual Board of Managersis viéWed as consistenti
withthe Offering
Plan and legal
of the same,
!nterpretation Community representation work3 as stated
for critical above,is presumedto fall
within
the daily
operational
controlof thoserespective
Board of Managersbutperformed by the Board of D!ædds(as rnanager).
The Board of
Directorsremainsthe isspoñsible
partyas onume common elementssuch as the clubhouse, areas.
pool and recreeiiunal
Summary:
• Participants
received on the
ins*uction role of the
individue!
condominium Board of Mãriagêrs
and their
organizational
to the
relationship Board of Directors.
• A cGmprshansive reviewof theFinancial
Skke . ) was givenwithm:p!EñEticñof howboth theindMde!
condominiums and Homanwaas are funded
Association by monthlycommon fees.
• AttorneyBernis Nelson fielded
several about
questions urgentconcerns,most notablythe status
of the suspandsdToll
Brothersmediation.At this the
point, indMdual Board ofManagers,or plaintiffs
in thecase, wouldhave to consent
to request
AttorneyGreenblattto resumethe mê "0ñ talks
providedthe Sponsor,Toll Brothers, or decline.
does not protest
• Notes:Financial Statements
are available of McGrath
at the office Mar.agemêñtServices,Inc.and malledto every
household in the community
in December.
WMml=1551914o76002dOlasiml=1li519ob2446412be
htlps-Ems11googiacom&nallbU?al=2&lk=735319de55&view=pl&q=minulas&qs=lrusesearch=quary8RP15519137996die2l&simt=165lM 3Ai
MEADOWS I -3486
FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019
7/18t2016 Gmail-WnWykelirstcondo forreview
meellrgdraRminules
• The Powers and Dutiesof the Board of Managers in the Official
are available Van Wyck at Merritt
Park CGñdcñEi·±n
OfferingPlan.
• Adjúümme
• The psticipäiits
adjournedto conveneat a future
date to evaluate
Attorney Bernis Nelson as counsel
for either
Meadows
I,Meadows II, c
Glen or all three The Board of Directors voted
previously by majoritytohire Attorney
Ken
Stengeras their
legal counsel.
Writtenby JosephCaplan;Meadows Condo I Secretary
07/16/2016
That which Is m==nrart
IMPROVES
Company Web - page v.^Aa".mccrsif
harviceS.com
Lydia Par Sun, Jul 17, 2016at 9:38AM
To: Husseinkhoder
Excellent
Lydia
[Quoted
textNdden]
...
Regasds,
Hk em---Lt‡:vc@aol.com> Sun, Jul 17, 2016at 12:58PM
To: LydiaParaziali
Pardon my brevity.This rnessageis beingsent by my mobiledevice
Beginforwardedmessage:
From: "AI Campanaro"
Date:July 17, 201tiat 12:53:39PM EDT
To:
Subject: RE: Van Wykefirst condo meeting draft minutes for review '
htlprJfmaHe.comAnallMGF/cl=2&lk=73S319dt:5õiiwive-pi5mi-minules&qs•lrusissimavi
yTaiir:15519137999die2f&siml=16619137996die2f&simi=1651914c75Do2d018siml=15519ctml8412be
45
MEADOWS I - 3487
FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017
NYSCEF
P
DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019
7/1B2016 - VanWyke§rst
Gmalt mes9ngdrallminutes
condo forreview
Sorryfor the delay,meetingnotesarea go.
M campanaro
From: Mcgráhivisi5vc@aol.com[me!!tc:Me
trid;tSve@aol.com]
Sent: Sunday,July 17, 20169:37 AM
Subject: VanWyke first condo meetingdraft minutesfor review
(Quoted
texthidden)
hRpsWmalLgoog!e te2f&simi=1551914c750c2d0f&stml=15519cb2448412be
=26lk=735319de55&view=ptSqxminutes&qs=Irue&search=query&lh=15519137896die2famim1=155f9137996d 55
MEADOWSI-3488
Preview
FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019 EXHIBIT U FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019 DEFENDANT EXHIBIT DATE RPTR DALCOREP0iÈljIGy 7/10/2016 Gmall-VanWykefirstcondo draR meetingmirades forreview Lydia Par Sun,Jul 17, 2018at 9:37AM To all padicipantsof the fust co,ndomanagersmeeting,Beloware the draftminutesof the meeting.Pleasereviewthem andsend any commentsor m= cEnGa back so that the draft can beamended.It is importantthat the minutesaccuratelyreflectthe eventsof the meeting.so your inputis important. I wait any.ieedback..HK Van Wyck at Merritt - Park Board of Managers First Meeting & App-!ñt-añt July16, 2016 at McGrathManagement ServicesInc. 1906 Rt. 52, WiccapssPlaza, Hopewell Junction,New York 12533 Attendees: Romina D'Amico,Al empents, Joseph Caplan, Anthony Steve Hnatko, Costa, Lenny Guistino, Thor Ravi Ledalla, I.arsen, Lydia Peter Szarmach, Parziale, Paulette Theret and AttorneyBernis Nelson McGrath Management Services: HusseinKhoder and Ryan McGrath Guest:Bernis NelsonEsq. Handouts:Agenda, Financlai Statements: CGñdeminium, M Financial teméñts: Insurance HOA, Levitt-Furst Analysisand Bernis Nelson Resume. Openina Hussein Khoderopened with a detailed of his crsdañtiâ|s, exp!en=tion that ofMcGrathM:r.:;:m:ñt Inc. Services, and role of the Board of Managersversusthe Board ofDirectors. Backed by copies of the definition withinthe goven-nce documents. Oraanizational Chart Pâiticipäñts receivedan G:gi:ñist?üaal Chart withthe names of the above homeowners and each revieweda twopage document Managers" Treasurer." titled 'Powers and Dutiesof Board of plus another titled "The Main Duties of a Cordem!ah"a's hWps'//mall.google.com/mallM0F2tf=21Mk=7355ikieiGâwhmaptkpmInutes&qs--Irus&search=queryalh=1551913199661e21&simi=155le1=M1amimI=155tB14c760c2d0f&siml= 1/5 MEADOWS I - 3484 FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019 7/1812018 Gmall-VanWyke crstcondo draftminutes meeUrg forreview Appointment of officers The homeowner participants divided into groupsbasedupon their condemh!um isspectivê and decidedto appointone each for three available Treasurer Presidêñt, All groups and Secretary, were successful exceptthe Glen due to - titles; Due to the conflicts. amount of wastedtime,members agreedto disagree. Of note, The of each c: President == Board of Managers will serve as a n..s on the Board of participant Directors. esusg theHomama ers Board Association ofDirectors have eight in effect, seated members. Thus, will, Here are tentative results of the appointments: Meadows Condo I: • President: Romina D'Amico • Vice-President: Lydia Parziale • Treasurer:ThorI.arsen • Secretary: Joseph Caplan Meadows Condo II(onlytwo homeowners attended) • PresidentPeter Szarmach • Treasurer:SteveHnatko • Secretary:Don Martin(subject to approvaldue to his absence) Glen: The homeawners were unable to reach a ansensus on any t;;:::tm:nts Next Condo Annual Meeting Thismight be hostedin Octoberto elect 1 member to each of the three Board of Managers(a total Refer to the section of three). of the bylawsthatdefinetheelectionprocess. We willdiscussspecifies at the pracêcdingmeeting Attorney Presentation: Attorney pressñted Berrils Nelson a reviewof her legal historyas cernarata counsel to the City of New Rochelle and expertise in civic real estate development. Of note to the participêñts was a detailed of her ability explanation to work and bring efficiently people of opposing ±t together.Her rates are identical toHomewners Assaciaticñ attorney point at this in time. Ms. Nelson stated thatthe was a mutual interview decisionof whethertheindividual Board of Managerswanted to negotiate a retainer and whether she couldprovidethe appropriate legal counsel to our specific needs at this point. She highlighted theneed for eachboard tomake its owndecisionand their to seek the best responsibility representation. Her resume is available at the office ofMcGrath Management Inc. Services, for review. Condominium Financials Mr. Khoder pressrited a basic tutorial on theHomeswñsis Association Statement Financial which included: Balance Sheet,Profit & hflpsiknsil.google.com/=f-'"'.PP"L"07355196e6li&vlew=pt&q=minutes&qs=irumimmemi mumyr.;:--155191379966182famim1=1655137998dle2famiml=155B14c750c2dOlasiml=155Bobbl46412be 2f5 MEADOWS I - 3485 FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019 7/18t2016 - VanWykefirstconch SmRil meeliredran minutes forreview Loss, Budget Comparkn, Cash Flow; how monthlycommon charge flow, and Bank Accounts, Reu,ñcGiátion Aged and Receivables Aging Payable Surnmary, Delinquenciesand Collections Process Abandoned Units Of note:AttorneyNelson claims the Abãñdch6d Home Rental programwas legal. Also,thatthe Board of Directors could,at their post discretion, the names of delinquenthGmsawñêrs on the bulletin board inside the clubhouse is not as that public. Whether thathappens or notis certainly subject to debate. Insurance Levitt-Furst Insuence might be able to providemore cost effective premiums of separate based on a consolidation cP±Ps policies. Maintenance Of critical importanceis thesubject of properlyma!ntenanceas a number of identifiable structural pose a risk to def|ciancir.4 residents to all entities. and.liability In the absenceof e-adi"e actiontakenby the HOA Board of Directors, Individual cc±= Board of Managershave the esperdbEy to compilean inventory elements of defective that require immarHahs maiñtéñâncegOnce any fr.vaatary to the is presented Board of the expectation Directors, is that remediation would in be a priority the •n=!ne=~ae hierarchyof urgency. Should theBoan$ of.Directors fail to perform the task within an acceptable tima%me, the presumption Board of Managers would is the the work initiate afterFM="= and other of quotes required precedures.Payment for will the services be borne bythe Condos withfunds already in theHOA account toavoid tloublepayment. Damntralizationof powerto the cande~±: individual Board of Managersis viéWed as consistenti withthe Offering Plan and legal of the same, !nterpretation Community representation work3 as stated for critical above,is presumedto fall within the daily operational controlof thoserespective Board of Managersbutperformed by the Board of D!ædds(as rnanager). The Board of Directorsremainsthe isspoñsible partyas onume common elementssuch as the clubhouse, areas. pool and recreeiiunal Summary: • Participants received on the ins*uction role of the individue! condominium Board of Mãriagêrs and their organizational to the relationship Board of Directors. • A cGmprshansive reviewof theFinancial Skke . ) was givenwithm:p!EñEticñof howboth theindMde! condominiums and Homanwaas are funded Association by monthlycommon fees. • AttorneyBernis Nelson fielded several about questions urgentconcerns,most notablythe status of the suspandsdToll Brothersmediation.At this the point, indMdual Board ofManagers,or plaintiffs in thecase, wouldhave to consent to request AttorneyGreenblattto resumethe mê "0ñ talks providedthe Sponsor,Toll Brothers, or decline. does not protest • Notes:Financial Statements are available of McGrath at the office Mar.agemêñtServices,Inc.and malledto every household in the community in December. WMml=1551914o76002dOlasiml=1li519ob2446412be htlps-Ems11googiacom&nallbU?al=2&lk=735319de55&view=pl&q=minulas&qs=lrusesearch=quary8RP15519137996die2l&simt=165lM 3Ai MEADOWS I -3486 FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019 7/18t2016 Gmail-WnWykelirstcondo forreview meellrgdraRminules • The Powers and Dutiesof the Board of Managers in the Official are available Van Wyck at Merritt Park CGñdcñEi·±n OfferingPlan. • Adjúümme • The psticipäiits adjournedto conveneat a future date to evaluate Attorney Bernis Nelson as counsel for either Meadows I,Meadows II, c Glen or all three The Board of Directors voted previously by majoritytohire Attorney Ken Stengeras their legal counsel. Writtenby JosephCaplan;Meadows Condo I Secretary 07/16/2016 That which Is m==nrart IMPROVES Company Web - page v.^Aa".mccrsif harviceS.com Lydia Par Sun, Jul 17, 2016at 9:38AM To: Husseinkhoder Excellent Lydia [Quoted textNdden] ... Regasds, Hk em---Lt‡:vc@aol.com> Sun, Jul 17, 2016at 12:58PM To: LydiaParaziali Pardon my brevity.This rnessageis beingsent by my mobiledevice Beginforwardedmessage: From: "AI Campanaro" Date:July 17, 201tiat 12:53:39PM EDT To: Subject: RE: Van Wykefirst condo meeting draft minutes for review ' htlprJfmaHe.comAnallMGF/cl=2&lk=73S319dt:5õiiwive-pi5mi-minules&qs•lrusissimavi yTaiir:15519137999die2f&siml=16619137996die2f&simi=1651914c75Do2d018siml=15519ctml8412be 45 MEADOWS I - 3487 FILED: DUTCHESS COUNTY CLERK 11/26/2019 10:05 AM INDEX NO. 2017-50017 NYSCEF P DOC. NO. 202 RECEIVED NYSCEF: 11/26/2019 7/1B2016 - VanWyke§rst Gmalt mes9ngdrallminutes condo forreview Sorryfor the delay,meetingnotesarea go. M campanaro From: Mcgráhivisi5vc@aol.com[me!!tc:Me trid;tSve@aol.com] Sent: Sunday,July 17, 20169:37 AM Subject: VanWyke first condo meetingdraft minutesfor review (Quoted texthidden) hRpsWmalLgoog!e te2f&simi=1551914c750c2d0f&stml=15519cb2448412be =26lk=735319de55&view=ptSqxminutes&qs=Irue&search=query&lh=15519137896die2famim1=155f9137996d 55 MEADOWSI-3488