Sunday, April 5, 2015

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.

Saturday, April 4, 2015

When is an Easter egg hunt not an Easter egg hunt?

On March 25, we received an email from the management agent:
Southampton will hold its 2nd Annual Easter Egg Hunt on Sunday March 29th at 10:00 a.m. Flyer with details is attached. We hope to see you there!
Upon further inquiry, the management agent responded:
The subject and body of the email were an inadvertent error on our part.  You will note that the official flyer makes no reference of Easter.
We know of only two types of egg hunts: Easter egg hunts, and egg hunts conducted for profit or by hobbyists.

Easter Sunday celebrates the Christian belief of Jesus Christ's resurrection. The Easter date is set around the time of the March Equinox.

So when is an Easter egg hunt not an Easter egg hunt? When the Southampton condominium board says so.

We're not sure if the bylaws permit expenditure of condominium funds for an egg hunt of any kind.

We're also not sure if non-Christian residents of Southampton are buying this argument, and whether or not the Southampton "egg hunt" constitutes unlawful discrimination.

Perhaps an interfaith committee should be setup to make recommendations for the funding of religious observances.