Saturday, January 26, 2008

TRIAL COMMENTS

This entry is my first, thanks to Dave Israel. My name, Sherm Rosen, is known by most who were disturbed by the outrageous actions of Wprf/Levy , especially as we got little info. So, after much study, as I am an attorney well-versed in related matters, and examining the Lease, I realized that we were being misled. I let my feelings be published in a blue flyer posted on all Association boards, got numerous calls, told owners don't pay more than 70% until you recover all the excess rent you paid, and found a strong law firm to file a class action. UCO, using two names of owners, one misspelled and both not qualified as they had other owners, since they were only life owners, filed a different action in State Court, then had it consolidated(whatever) in the Federal Court which called for a jury trial after the "arbitration". When the Federal Court judge had a hearing, and the issue of the arbitration and a later jury trial were raised, he made a broad ruling that "stayed" the first case and opened up the arbitration so that all matters are at issue, not just those "in dispute". After all, Levy had signed an agreement about the rent reductions and, it seems to me, the only question is whether UCO (?) caused additions to be made without approval.

3 comments:

elaineb said...

Welcome, welcome Sherm. I hope to see lots of your opinions cutting through the rubbish.
Per your last sentence “Whether UCO..“ The only info I ever got on the Marshall Black admin / Levy situation was that there were “subsequent agreements” to the Millenium Agreement, and residents should wait until all the rebuilding and billing were complete and then our 70% would be sorted out. Do you think those subsequent agreements would be in the Operations Cmte minutes somewhere!

Mike said...

Hi Sherm , Welcome aboard, it will be goosd to have your take on whats going on around here. Maybe Ed Black can fill us in on the subsequent agreements that Elaine is speaking of . Mike

Ed Black said...

Hi Mike, Elaine

Many Assumptions were made about the "subsequent agreements", but there is NO truth to any of it, EXCEPT the rent abatement issue. The Storms hitting this village created a need for both sides to seek common ground interpreting this contract that had never before been faced with hurricane damages.
The 70% abatement signed by both Mr. Levy and Loewenstein, cleared-up the contract’s unspecified amount of “abatement” (rent reduction).
That was the limit of any discussions while still in the recovery mode. WPRF was able to prove outstanding “code” upgrades, and those funds (some 2 million dollars) were refunded to the residents reserve, and that had to be completed before meaningful discussions could begin

We hired a legal team to "instruct us" in precisely what our responsibilities were and moved forward with their opinion to resolve the storm damage.

We all, (WPRF and the UCO Operations Committee) agreed to resolve the remaining outstanding differences - AFTER restorations and insurance recoveries were COMPLETED!

Ed Black