From: Gus Murray
Subject: Mr. Westover question
Date: August 27, 2016 at 12:25:02 PM EDT
To: Richard Randall
Recently, board member, Mr. Westover, strongly suggested that I consult with a lawyer to better understand the serious liability issues resulting from the court ruling, that the common property at Point Vivian is held by its owners as "tenants in common!" I have done so! The conclusion is that all liability associated with real property is to its owners! The common property at Point Vivian has been held by its owners as "tenants in common" since the first lots were sold in 1877. The "tenants in common" designation was affirmed by the court in 1995, in the Gribuski vs. Point Vivian Association law suit. The recent ruling in Pratt/Johnson merely reaffirmed the "tenants in common" status of the common property at Point Vivian. Therefore, there has been no change in ownership of the common property at Point Vivian, and, no change in liability! I hope this satisfies the request.
Lee Murray