Attorneys Mercer and Trigiani advised board of directors to violate bylaws

David S. Mercer and Lucia Anna Trigiani advised the Southampton condominium board of directors to willfully violate the association's bylaws to pass amendments to the bylaws.

Using procedures devised by Mercer and Trigiani that may be lawful — but less restrictive than the association's bylaws, three amendments were passed: restrictions on pet size and number; responsibility for limited common areas; quorum requirements.

At an annual meeting of the association, when challenged about using a procedure different from that in the bylaws, Trigiani responded, "the bylaws don't say you can't." Written complaints to the board of directors and to Mercer and Trigiani about the use of these procedures were ignored.

Mercer and Trigiani's attempt to pass a fourth amendment using their procedure (see email from association president to a homeowner) — giving the board of directors authority to fine homeowners, has been challenged and appears stalled.

Neither Mercer and Trigiani nor the board of directors have responded to an offer to seek a declaratory ruling on the issue.