From: Berger, Donna
Date: June 10, 2022 at 10:33:38 AM MDT
To: Jory Kesten <jory.presyarcobr@gmail.com>
Cc: JAY MERMELSTEIN <jay.vpyarcobr@gmail.com>, Tricia Wright <triciagm@yarcobr.com>, Direktor, Kenneth
Subject: Re: Yarcobr - Board Resolution
Dear Jory,
I have tried since taking over the representation of the Club several months ago to advise you of the legal approaches to contend with the condition of the clubhouse. Neither I nor my predecessor, Rob Rubinstein, ever advised the Club that the maintenance and repair of the building was anything other than an absolute obligation under your documents. Nonetheless, as the resolution you just sent makes clear, the initial condition report from Falcon was sent over 13 months ago and the City Red Tagged the building nearly 9 months ago and you are only now ready to perform the required repairs. Based upon my understanding of the circumstances, you must either perform ALL of the required repairs or take all steps your Engineer may recommend to safeguard the structure and the surrounding areas while you take a membership vote to authorize the demolition of the Clubhouse. I have been recommending this approach ever since taking over representation of the Club.
Since the Club documents only contemplate maintenance and repairs of the Clubhouse and not its demolition, I have suggested an amendment to clarify whether the board alone could vote to demolish an unsafe structure or to create an approval threshold for your members to permit the demolition and replacement of the clubhouse. However, until this last email, you have not expressed a willingness to follow my legal advice. Your email now refers to performing repairs that could amount to ”throwing good money after bad”. If that is the circumstance in which the Club finds itself, that is because the Club delayed the needed repairs for so many months since the first engineering report and the City Red Tagged the building.
It has become clear to me that, despite my efforts to provide proper legal advice, we do not have the kind of attorney/client relationship we would both want. I could refer to numerous examples given our interactions over the past few months including but not limited to your most recent misinterpretation today of my attempt to have your Engineer clarify his statements and the continued misrepresentations to me regarding the occupancy of the adjacent structure by your management staff which was just revealed in an urgent email from you to Falcon. You wrote the following today to David Riddle at Falcon:
Mr Perono referred to concrete spalling in the Clubhouse, which seemed to be more serious than we had ever heard before. If this is an accelerating condition we need to address immediately. Looking for your guidance here, as we have office staff working in that area.
As such, I see no alternative but to disengage the Club as a Firm client and hereby notify you of that disengagement, which is effective TODAY. I will be glad to cooperate in a transition to your new counsel, and I suggest the Club retain new counsel immediately.
Donna DiMaggio Berger
Shareholder
Board Certified Specialist, Condominium and Planned Development Law
Fellow, College of Community Association Lawyers
Executive Director of CALL
Ft. Lauderdale
Ext: 15331 (954.364.6031)