Member of PVPA:

During the May 28, 2018 Board Meeting, various members voiced views that the Association's attorney (MR& T) is either wrong or has misinterpreted the Judge's 2016 Court Determination against the Association with respect to the Point's Tenants in Common finding. Some of the members have stated that "their" attorney disagrees with MR& Ts counsel opinions. This has been a common contention as far back as mid-2017 and now has been expanded to claim that the original Tenants in Common, have already provided the Association authority with their original deeds.

Each of us as a member has a right our personal opinions. However, now that we have a Court determination, personal opinions do not preempt the Court's Determinations and legal review/written statements from the Association's legal team. Therefore, request members who have the following documents or written legal opinions provide those to the Association:

1. Members, who feel strongly that the Association's attorney (MR& T) is wrong with its legal opinion(s) of the 2016 Court Determination, please provide written legal letter(s) stating the specific contested issue(s)/ opinion(s) and the attorney's alternate legal opinion(s) which is/ are supported by New York State Law references.
2. Members, who strongly contend that the Authority of the Point Vivian Park Association to operate the Common Property has already been established by the original Tenants in Common, need to provide the Association proof of such approval. Therefore, if any Point Vivian Tenant In Common who has access to or has the original or copy of such an all­inclusive Tenants in Common signed document dated prior to New York State chartering of the PVPA, please provide this signed and dated document. (Please note that the majority of the deeds to the original property were sold before 1884 and any wording in those deeds could not mention a corporation that was formed in 1884. Prior Boards have not seen any deed that mentions authority to the PVPA.)

It is requested that the above documents be forwarded to the Association's Secretary, Tom Kernan, as soon as possible and preferably prior to 6 July 2018 to allow time for the Association's Attorney to review and respond to any alternate legal opinion prior to the annual meeting on July 14.

Regards,