Preview
FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020
EXHIBIT B
FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020
RESOLUTION
PLEDGE TO REAFFIRM OUR COMMITMENT
TO COLLABORATE
IN THE MAINTENANCE OF THE SHOREHAVEN COMMUNITY
The representatives of the Board of Managers of the Homeowners Associations ("HOA") of the
Shorehaven Condominiums ("Condominiums") known in our community as the Original
Shorehaven, Condo 2, Condo 3 and Condo 4, as well as the representatives of the HOA2
Board of Managers for the lñdividual Two-Family Homes ("Individual Two-Family Homes"),
located at the end of the Soundview Avenue near the Ferry, make the following Pledge &
Commitment to the Shorehaven Community.
WHEREAS WE RECOGNIZE that:
• The Board of Managers of the HOA Condominiums ("Condominium the
Boards"),
Board of Managers of the Individual Two-Family Homes ("Two-Family Homes
Boards") as well the Shorehaven Homeowners Association ("SHOA/Clubhouse
Umbrella Board") are SEPARATE and DISTINCT LEGAL ENTITIES vested with
different legal rights and different responsibilities towards the homeowners in our
community.
• The SHOA/Clubhouse Umbrella Board is responsible for the governance and
maintenance of all the common areas, including the Pugsley Park and the Esplanade,
and the Clubhouse as well as the Security Services provided to homeowners.
• The HOA Condominiums own the buildings and for this reason the Board of
Managers of the Condominiums are responsible for the payment of insurance, property
taxes, and all other expeñses related to the maintenance of the Condorniniums
buildings.
• The Board of Managers of the HOA Individual Homes are responsible
Two-Family
for the payment of the property taxes and insurance coverage for all common areas
where the individual two-family homes are located.
• The SHOA/Clubhouse Umbrella the HOA Condominiums and the
Association,
HOA Two-Family Homes are required to collect common charges and assessments to
pay for the maintenance of common areas, the maintenance of the buildings, the
insurance of the buildings and for property taxes of the buildings owned by these
entities.
• The annual budget for all individual homes and
condominiums, two-family
SHOA/Clubhouse Umbrella Board shall be based on actual expenses in accordance
with our By-Laws, and shall not be based on estimated expenses.
FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020
• The purpose of the reserve fund for each HOA Condominiums and HOA
monetary
Individual Two-Family Homes is to be used as provided by the governing documents.
The monetary amount in the reserves for each section are different because, in part,
they were established at different points in time and because the expenses for
maintaining the condominium buildings are different in scope. For exarnple, the needs
for the maintenance of the Original Shorehaven buildings, which were built
approximately 32 years ago, are completely different from the needs of the HOA
Condominium of Condo 3 and Condo 4, which are newer buildings. For these
reasons, it would not be appropriate to merge all of the monetary reserves into
one single reserve fund to be controlled by one single entity, such as the
SHOA/Clubhouse Umbrella Association. Merging all of the reserve funds will
simply compromise the ability of each HOA Condominium Boards to properly
maintain its buildings.
WHEREAS WE FURTHER RECOGNIZE that the vast majority of HOMEOWNERS WANT US
TO ACHIEVE the following:
• ONE MANAGING AGENT to manage all of the responsibilities related to the
maintenance of the Condominium buildings, the maintenance of the Two-Family Homes
common areas and the maintenance of all other common areas, including Pugsley
Park, the Esplanade and the Clubhouse, and one managing agent to collect all the
common charges and assessments for the HOA Condominiums, the HOA
Individuals Two-Family Homes and the SHOA/Clubhouse Umbrella Association,
and for homeowners to receive one itemized bill that contains all of the common
charges required by the SHOA/Clubhouse Board and the Condominium Board as well
as the Two-Family Homes Boards.
• HOMEOWNERS WANT A NEW MANAGING AGENT because most homeowners are
not_satisfied with the services provided by JONASVAR, BENCHMARK, LOVETT OR
WITH ANY OF THE CURRENT MANAGING AGENTS that are currently responsible for
providing the maintenance services in our community and for the collection of common
charges and assessments. As such, WE RECOGNIZE the need to address the
homeowners'
dissatisfaction with these managing agents.
• AN ANNUAL MEETING AND ELECTIONS in accordance with the By-Laws of each
section to take place every year at a certain time and at a certain date, and location and
to provide the homeowners with INDEPENDENT AUDITED ANNUAL FINANCIALS
2
FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020
REPORTS EACH YEAR for each section at the annual as required the By-
meeting by
Laws.
• FOR US TO COLLABORATE in good faith and on a regular basis with the
SHOA/Clubhouse Umbrella Association on all matters related to the maintenance
and security matters of the Shorehaven Community.
NOW THEREFORE, WE ARE COMMITTED AND RESOLVED to address the maintenance and
security needs of our community as follows:
• WE ARE COMMITTED TO A COLLABORATIVE PROCESS TO WORK WITH THE
SHOA/Clubhouse Umbrella Board and with all the Board of Managers of the HOA
Condominiums, including Condo 1, and with the Board of Managers of the HOA Individual
Two-Family Homes, including HOA 1, to find ONE NEW MANAGING AGENT that can
properly and efficiently manage our community. We further recognize that to achieve a one
managing agent goal, which is what the community wants, we must be able to collaborate with
all existing Board of Managers and with the SHOA/Clubhouse Umbrella Board. We will
continue to demand for all the Board of Managers to be involved in the development of
the criteria for the services required from a new managing agent and for all the existing
Board of Managers of the Condominiums to take part in the decision-making process
related to the selection of a new managing agent.
• WE WILL NOTICE THE ANNUAL MEETING AND ELECTION FOR THE 2019 YEAR for each
of the Board of Managers for the HOA Condominiums that signed this Pledge & Commitment
AFTER the election for nine (9) new msmbers of the SHOA/Clubhouse Umbrella Board
is conducted on November 16, 2019, in accordance with the ORDER Granted by
Honorable Julia Rodriguez on September 13, 2019.
• WE ARE FURTHER COMMITTED TO NEGOTIATE WITH THE SHOA/Clubhouse Umbrella
Board, with the assistance of our respective legal representatives, a legally binding
comprehensive agreement to resolve all of the current disputes and !itigations that are
affecting the governance and mainteriance of our community.
BOARDOF MANAGERSOF
THE ORIGINAL SHOREHAVEN CONDOMINIUMS
By: Sonia Colon, President Date
3
FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020
BOARDOF MANAGERSOF
THE ORIGINAL SHOREHAVEN CONDOMINIUMS
By: Tamara President, Secretary Date
By: Brunilda Garcia, Vice-President Date
Ï3y: Wilfred Johnson, Member Date
By: Nathan Brown, Member Date
BOARDOF MANAGERSOF
CONDO 2 CONDOMINIUMS
By: Diana Cora, President
By: Gloria Rosario, Secretary/Treasurer Date
BOARDOF MANAGERSOF
CONDO 3 CONDOMINIUMS
By: Barbara Moye, President Date
By: Paul Velazquez, Vice-President Date
By: Lynette Taylor, Secretary/Treasurer Date
4
FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020
BOARDOF MANAGERSOF
CONDO 4 CONDOMINIUMS
By: Angie Gonzalez-Clarke, President Date
By: Petra Frantova, Secretary/Treasurer Date
BOARDOF MANAGERSOF
HOA 2 INDIVIDUAL TWO-FAMILY HOMES
By: Kiana Watson-Hall, President Date
By: Evancia Imbert-Suffren, Vice-President Date
By: Hayde Rosario, Secretary-Treasurer Date
5
Preview
FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020 EXHIBIT B FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020 RESOLUTION PLEDGE TO REAFFIRM OUR COMMITMENT TO COLLABORATE IN THE MAINTENANCE OF THE SHOREHAVEN COMMUNITY The representatives of the Board of Managers of the Homeowners Associations ("HOA") of the Shorehaven Condominiums ("Condominiums") known in our community as the Original Shorehaven, Condo 2, Condo 3 and Condo 4, as well as the representatives of the HOA2 Board of Managers for the lñdividual Two-Family Homes ("Individual Two-Family Homes"), located at the end of the Soundview Avenue near the Ferry, make the following Pledge & Commitment to the Shorehaven Community. WHEREAS WE RECOGNIZE that: • The Board of Managers of the HOA Condominiums ("Condominium the Boards"), Board of Managers of the Individual Two-Family Homes ("Two-Family Homes Boards") as well the Shorehaven Homeowners Association ("SHOA/Clubhouse Umbrella Board") are SEPARATE and DISTINCT LEGAL ENTITIES vested with different legal rights and different responsibilities towards the homeowners in our community. • The SHOA/Clubhouse Umbrella Board is responsible for the governance and maintenance of all the common areas, including the Pugsley Park and the Esplanade, and the Clubhouse as well as the Security Services provided to homeowners. • The HOA Condominiums own the buildings and for this reason the Board of Managers of the Condominiums are responsible for the payment of insurance, property taxes, and all other expeñses related to the maintenance of the Condorniniums buildings. • The Board of Managers of the HOA Individual Homes are responsible Two-Family for the payment of the property taxes and insurance coverage for all common areas where the individual two-family homes are located. • The SHOA/Clubhouse Umbrella the HOA Condominiums and the Association, HOA Two-Family Homes are required to collect common charges and assessments to pay for the maintenance of common areas, the maintenance of the buildings, the insurance of the buildings and for property taxes of the buildings owned by these entities. • The annual budget for all individual homes and condominiums, two-family SHOA/Clubhouse Umbrella Board shall be based on actual expenses in accordance with our By-Laws, and shall not be based on estimated expenses. FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020 • The purpose of the reserve fund for each HOA Condominiums and HOA monetary Individual Two-Family Homes is to be used as provided by the governing documents. The monetary amount in the reserves for each section are different because, in part, they were established at different points in time and because the expenses for maintaining the condominium buildings are different in scope. For exarnple, the needs for the maintenance of the Original Shorehaven buildings, which were built approximately 32 years ago, are completely different from the needs of the HOA Condominium of Condo 3 and Condo 4, which are newer buildings. For these reasons, it would not be appropriate to merge all of the monetary reserves into one single reserve fund to be controlled by one single entity, such as the SHOA/Clubhouse Umbrella Association. Merging all of the reserve funds will simply compromise the ability of each HOA Condominium Boards to properly maintain its buildings. WHEREAS WE FURTHER RECOGNIZE that the vast majority of HOMEOWNERS WANT US TO ACHIEVE the following: • ONE MANAGING AGENT to manage all of the responsibilities related to the maintenance of the Condominium buildings, the maintenance of the Two-Family Homes common areas and the maintenance of all other common areas, including Pugsley Park, the Esplanade and the Clubhouse, and one managing agent to collect all the common charges and assessments for the HOA Condominiums, the HOA Individuals Two-Family Homes and the SHOA/Clubhouse Umbrella Association, and for homeowners to receive one itemized bill that contains all of the common charges required by the SHOA/Clubhouse Board and the Condominium Board as well as the Two-Family Homes Boards. • HOMEOWNERS WANT A NEW MANAGING AGENT because most homeowners are not_satisfied with the services provided by JONASVAR, BENCHMARK, LOVETT OR WITH ANY OF THE CURRENT MANAGING AGENTS that are currently responsible for providing the maintenance services in our community and for the collection of common charges and assessments. As such, WE RECOGNIZE the need to address the homeowners' dissatisfaction with these managing agents. • AN ANNUAL MEETING AND ELECTIONS in accordance with the By-Laws of each section to take place every year at a certain time and at a certain date, and location and to provide the homeowners with INDEPENDENT AUDITED ANNUAL FINANCIALS 2 FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020 REPORTS EACH YEAR for each section at the annual as required the By- meeting by Laws. • FOR US TO COLLABORATE in good faith and on a regular basis with the SHOA/Clubhouse Umbrella Association on all matters related to the maintenance and security matters of the Shorehaven Community. NOW THEREFORE, WE ARE COMMITTED AND RESOLVED to address the maintenance and security needs of our community as follows: • WE ARE COMMITTED TO A COLLABORATIVE PROCESS TO WORK WITH THE SHOA/Clubhouse Umbrella Board and with all the Board of Managers of the HOA Condominiums, including Condo 1, and with the Board of Managers of the HOA Individual Two-Family Homes, including HOA 1, to find ONE NEW MANAGING AGENT that can properly and efficiently manage our community. We further recognize that to achieve a one managing agent goal, which is what the community wants, we must be able to collaborate with all existing Board of Managers and with the SHOA/Clubhouse Umbrella Board. We will continue to demand for all the Board of Managers to be involved in the development of the criteria for the services required from a new managing agent and for all the existing Board of Managers of the Condominiums to take part in the decision-making process related to the selection of a new managing agent. • WE WILL NOTICE THE ANNUAL MEETING AND ELECTION FOR THE 2019 YEAR for each of the Board of Managers for the HOA Condominiums that signed this Pledge & Commitment AFTER the election for nine (9) new msmbers of the SHOA/Clubhouse Umbrella Board is conducted on November 16, 2019, in accordance with the ORDER Granted by Honorable Julia Rodriguez on September 13, 2019. • WE ARE FURTHER COMMITTED TO NEGOTIATE WITH THE SHOA/Clubhouse Umbrella Board, with the assistance of our respective legal representatives, a legally binding comprehensive agreement to resolve all of the current disputes and !itigations that are affecting the governance and mainteriance of our community. BOARDOF MANAGERSOF THE ORIGINAL SHOREHAVEN CONDOMINIUMS By: Sonia Colon, President Date 3 FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020 BOARDOF MANAGERSOF THE ORIGINAL SHOREHAVEN CONDOMINIUMS By: Tamara President, Secretary Date By: Brunilda Garcia, Vice-President Date Ï3y: Wilfred Johnson, Member Date By: Nathan Brown, Member Date BOARDOF MANAGERSOF CONDO 2 CONDOMINIUMS By: Diana Cora, President By: Gloria Rosario, Secretary/Treasurer Date BOARDOF MANAGERSOF CONDO 3 CONDOMINIUMS By: Barbara Moye, President Date By: Paul Velazquez, Vice-President Date By: Lynette Taylor, Secretary/Treasurer Date 4 FILED: BRONX COUNTY CLERK 01/08/2020 01:25 PM INDEX NO. 21617/2019E NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/08/2020 BOARDOF MANAGERSOF CONDO 4 CONDOMINIUMS By: Angie Gonzalez-Clarke, President Date By: Petra Frantova, Secretary/Treasurer Date BOARDOF MANAGERSOF HOA 2 INDIVIDUAL TWO-FAMILY HOMES By: Kiana Watson-Hall, President Date By: Evancia Imbert-Suffren, Vice-President Date By: Hayde Rosario, Secretary-Treasurer Date 5