January 6, 2017

Memo to: The Point Vivian community
Subject: Point Vivian common property and the P.V.P.A., Inc. Board of Directors.

Reference: Murray memo(s) of November 28, 2016 PVPA Inc. Board of Directors message of Dec. 13, 2016 (Peter Hludzenski)

Hopefully, all of you had a most enjoyable holiday season, as I did. At this point, I am going to continue my dialogue on the subject stated above. Unlike the Board, I believe; my opinion; is that if the Point Vivian community does not understand its recent history, legal and otherwise, and, to understand the restraint and consequences of the board's actions it is likely to have to relive some of them… Not good! So I do not consider the matter closed! I do, However, look forward to moving on positively.

The board has suggested in their message, that as a new owner/member I might not be as concerned with, or as knowledgeable about the affairs of Point Vivian! I am sensitive to that, and, as a result have attempted to be well-informed on all issues. Unlike some of the members of the board I have read and discussed with legal authorities all the filings and documents associated with the two recent legal actions. For anyone desiring an objective view with the same I recommend the Jefferson County Clerk's office in Watertown. This office has all the court documents archived, and, available to anyone to review!

Mr. Hludzenski's assertion that the Pratt/Johnson lawsuit was versus the association and not versus the PVPA Board of Directors is a real puzzle. All filings and all court documents state Pratt Johnson versus PVPA, Inc. Board of Directors. All court documents were signed by Richard Randall Chairman PVPA, Inc. Board of Directors, not, Richard Randall, Pres of the PVPA. The fact that the board received authorization to spend money based on a totally bogus description of the lawsuit is well-documented – so what!

It takes some real "chutzpah" for the board ot contend that "in each of his statements that the board lost and they won, it was the association that lost the battle."

Really!?

• The board lost the legal authority to transfer common property without unanimous owner/members support.
  I would consider this outcome a win for the association members.
• The board attempt to convey 100% ownership of the South St. Extension to Hooning/Holliday was stopped. This property is returned to common property status with access to the St. Law River.
  A decided win for the association members, particularly those with offwater lots who rely on common property like this for river access and for property value.
• The board's suit against the association members claiming adverse possession of all common property to be put in PVPA, Inc. ownership was denied.
  A win for the association membership. No more claims by association members against other association members.

The only way to rationalize the above logic to conclude a board loss is an association loss is to believe the system of common property at Point Vivian should be decimated or eliminated! I will look forward to that explanation.

Opinion based on facts… Pratt/Johnson saved the system of common property at Point Vivian.

Lee A. (Gus) Murray
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