So! Mr. Solomon, Y O U convinced the Executive Board and Delegate Assembly to go into Arbitration, WITHOUT ANY FACTS OR DETAILS AS TO WHY WE ARE SO ENTITLED TO FULL ABATEMENT.
Have you read the Millennium Agreement, especially as it clearly states: “Lessor agrees that, should any significant portion of the recreation facilities become unusable as the result of a casualty, Lessor will use its best effort to restore same to use as soon as reasonably possible. However, during such period of unusability, Lessee’s rent will be reduced proportionately”. That covers returning the clubhouse to EXACTLY the same condition as it was prior to the “casualty”, with leaking windows and doors, wallpapered walls, replacement carpeting that became flooded during rainstorms. JUST as soon as we began to modify the original clubhouse, WE CREATED DELAYS THAT WERE NOT CAUSED BY CASUALTY! Meaning, clearly, that we would NOT BE COVERED for those periods of time where delays were due to UPGRADES TO IMPROVE THE MORE THAN 35 YEAR OLD CLUBHOUSE.
Have you seen the CH2MHILL REPORT, AND DOES IT AGREE WITH YOU OR NOT?
Apparently, you believe the proof needed to compel Arbitrators to FIND IN OUR FAVOR, is that “we are old”. The contract, HOWEVER, is clearly against your VIEW!
Perhaps the residents, after losing the case THAT YOU CONVINCED EVERYONE TO PROCEED WITH, will feel compelled to enter into a legal claim against you for FAILING YOUR FIDUCARY RESPONSIBILITY TERRIBLY!
I would be personally opposed to such an action, because we have already been sufficiently embroiled in TOO much UNSUBSTANTIATED LEGAL MANEUVERING.
Ed Black
Saturday, February 23, 2008
UCO Article by M. Solomon
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7 comments:
Re Delays:
Thx Ed that makes sense. After all that vague mumbling about arguments as to what is code covered, by whom, what was Jean doing, engineering studies, and being led by the nose by lawyers and U know who!!
Makes you think back to the Weiss administration when UCO wanted more power, MORE POWER. So the Millennium Agreement gave us more power/responsibility for an aging, poorly-maintained clubhouse and degrading waterways and shorelines. Did you ever look at the clubhouse dirty windows and paper notices left on the front doors two years after the sun had erased the words (I have long memory).
Lets hear the chorus “CV is much too big to be advised and directed by amateurs.”
Is Weiss the genius who gave us the Millenium Agreement? Levy must smile everytime he hears the name Weiss.
Hi Ed, Are you saying the Geo. L Administration just arbitrarily decided to seek remedy in court and arbitration without considering the dictates of the Millenium agreement or the Bi-Lateral agreement. If Geo. L did this, why would an engineering report matter? I sure hope you are wrong. If this was an arbitrary decision UCO will be paying for a long time. Mike
From the very back row of the chorus,
“CV is much too big to be advised and directed by amateurs.”
Hi Mike the word is inteesting!
Arbitrary: Random, Chance, Selective, uninformed, illogical, just to name a few synonyms.
Consider this: The Millennium Agreement REQUIRED DISPUTES PROCEED VIA A PATH DECIDED AT SIGNING OF THIS AGREEMENT. Namely negotiate, mediate, arbitrate and if all else fails SUE.
We jumped ahead, without on shred of justification and SUED! The President of UCO told us, “unless you send your money to the court registry you will not recover any money and 80% of the residents have sent their payments to the court”. Where did Mr. President obtain his law degree? Why did he, the only UCO officer permitted to speak to UCO’s Attorney Tennyson, pursue such recklessness? And after that he wants us to believe he KNOWS BEST about the Arbitration case? The REGISTRY was THROWN OUT BE A FEDERAL JUDGE!
Could we be kind and call this an UNINFORMED decision?
His personal case brought by Mr. Levy because UCO’s President FAILED his fiduciary responsibility to UPHOLD his OATH of office and work within the framework of existing contracts, took a turn for “illogical” when Mr. Loewenstein Attorney attempted to TRANSFER the State case to the FEDERAL court. Shall we call this also “uninformed”?
We have not seen the engineering report of CH2MHILL. WHY? Does it vastly disagree with Mr. Loewenstein and Mr. Solomon views on evidence of our dispute? Does it recommend a sum more close to that offered by Mr. Levy? Why have they embargoed this report? What are they hiding?
Shall we call this “illogical”?
When do we the people FINALLY recognize amateurs have limited capacity to work for the people when it conflicts with their aspirations to be REELECTED? A wise man once told me “EGO HAS NO BUSINESS IN RUNNING UCO”.
The list of ARBITRARY missteps continues to amaze many:
Improperly noticed meeting of the Delegate Assembly (causing the approval of REBUILDING 2102 by the Executive Board). Even at the check-in, the volunteers said "there is no need to check in and no agenda, it’s a POWERPOINT PRESENTATION ONLY".
The continued meetings of the OPERATIONS COMMITTEE in the ARBITRARY Channel 63 room, so resident may not attend, while they debate the 10 million for WPRF operations. UCO by-laws require or provide for our permission to attend, and WITHOUT the ARBITRARY PRIOR NOTICE, as required by UCO.
I am quite sure that arbitrary works for this team, as demonstrated above and if reelected, it will continue.
Ed BLack
Ed, you say "Mr. President ...the only UCO officer permitted to speak to UCO’s Attorney Tennyson"
I suppose you mean that after full discussions, and due consideration of all checks and balances, that the President talks to the lawyer with other officers listening.? Then everyone listens to the lawyer.
Hi Elaine.
Unfortunately, conversations are one on one without speakerphone. Only our President may create the expense! His interpretation may be somewhat questionable as well, especially in light of the FAILED RENT REGISTRY FIASCO, AND his request to have his personal case moved to federal court. Both failed miserably!
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