DAVIDOWITZ DECEPTION redline Edit page

   

Many residents may not be familiar with the President and Vice President of Estates II. We would like to introduce Alan Rothenberg and Cindy Davidowitz, who have restricted access to board meetings and denied residents’ ability to review the minutes from those meetings. They are responsible for dismantling the landscaping committee, security committee, and other committees that encouraged resident involvement in Estates II. Additionally, they demand that board members keep information secret from residents. It was a lot more fun in Estates ll before Alan and Cindy moved here.

JULY 20,2020

Subject: Challenge to Capital Contribution Fee

Dear Estates ll homeowners, 

We hope this letter finds everyone safe and healthy during the continuation of this pandemic and what seems to be the new way of life for everyone.

We are writing to you regarding a challenge to the $5000 contribution fee paid since August 2016 by all buyers at closing. Most importantly, after consultation with our attorneys, it has been determined the fee is valid. Based on what? HOW did't the attorney determine the fee is legal? Valid vs Legal.

Estates ll Declaration:
(c) Any amendment to this Declaration shall not take effect until it is recorded

in the Office of the County Clerk of Nassau County.

You should note the fee was approved by previous board managers to reduce the need for periodic assessments that fund improvements, including the pool, tennis courts and sprinkler system. The board of managers had no right to approve the fee. The fee had to be put to a proxy vote by the residents. Only the residents can approve something that involves amending the bylaws, in order to be implemented.

Last January resident of 145 Dove Hill Dr., who is buying another home for resale did not pay the fee. Their attorney stated that we could not collect it because it was not authorized in our bylaws. Notably, resident husband, resident, did not question the fee when he served on as a board member. In fact, some of you will recall when he ran for reelection last fall, he wrote in his candidate statement. I am the only resident in the history of our community who has come up with an idea to raise money for the condo… Concept of charging new homeowners a capital reserve via $5000 when they move in.  It is very deceitful to try to blame the person who came up with the idea for the boards failure to perform due diligence on how to legally implement a $5000 fee. The resident learned Estates l amended their bylaws to legally implemented the $5000 fee and knew Estates ll had done no such thing.  This is the same resident who realized the board altered the language from the proxy to the amendment. 

April and May during the pandemic, Mr. resident and three other homeowners questioned the fee and demanded refunds. In addition, the Estates ll was threatened with lawsuits. Due to the threat of lawsuits, we had to get our attorneys involved to make sure we were not responsible to return all of the prior fees paid. Vindictive and unprofessional. Cindy Davidowitz only names one family.

Here are the facts: the fee had been paid by 44 buyers for a total of $220,000 no buyer had ever objected to it. Their attorney's should have asked to see the bylaw or the amendment to the bylaw for the Capital Fee. The fact that people assumed the fee was legal does not make the fee legal.  Why all of a sudden were people asking for their money back? Because they learned that there had to be an amendment to the bylaws to make the fee legal.  The board asked these homeowners for patients while we work to resolve the issue; especially given that we were in the middle of a pandemic. Having to refund money that was already spent would have necessitated and assessment to the entire community since the money was already spent. The money was sitting there unspent until the clubhouse project of 2024. Another lie.  Unfortunately, these homeowners did not relent and continue to send letters, including one anonymous letter that could've only come from one of a number of these homeowners, wanting money back and even engaged to attorneys to send threatening letters to Estates ll. The residents wanted case law and received no information.  Attorneys are always a last resort. 

After Mr. Mrs. resident challenged the fee, we hired Schneider Bouche LLP specialist in condominium law to weigh options that would resolve the matter. Lying is not an option. During numerous meetings and discussions, we struggle to find a solution that would move quickly as a result of gathering restrictions during the pandemic. That sentence intentionally says nothing, pure gobbledygook. What restrictions did the pandemic present. Attorneys work in their office and board members are available by zoom or phone. In addition, when the COVID-19 pandemic struck, the board had to turn its attention to more critical matters affecting the health and safety of the community. How many hours could the board spend on pandemic issues? Do we have a management company to run Estates ll or not?  Did TCM do anything during the pandemic?

Now that Long Island has adjusted to the present pandemic circumstances, and we are in phase 4 of the reopening, we've been able to spend a little more time focusing on this issue. Our attorneys have now advised us that based on their review of case law, (which case law please) which essentially makes the fee valid due to the passage of time Estates ll can collect the fee, and that fees previously collected, do not have to be returned. This means that our community can continue to fund capital projects without having to rely solely on assessments. 

(c) Any amendment to this Declaration shall not take effect until it is recorded

in the Office of the County Clerk of Nassau County.

How can there be a  time limit to dispute a fee?  What is this made up passage of time limit Justin Buchel esq. is referring to? This is a fee that only applies to new homeowners in Estates ll, so how can someone who does not live here dispute the fee, during the made up time limit to be able to dispute the fee. The fee is either legal or not.  No need for bylaws or laws at all if everything becomes legal after the passage of time.

However, given the level of criticism from these homeowners, once we gather, we will be coming to you for your vote on whether you want to continue or abandon the fee going forward and will be seeking an amendment to our governing documents formalizing that position so that we can avoid wasted legal fees and baseless challenges going forward. Only an amendment would make challenges baseless.  Cindy or Rick changed the language from the proxy to the amendment with the help of Justin Buchel. The attorney who said the fee was legal due to the passage of time.  It took Rick Saccullo and Cindy Davidowitz until 2023 to file the certificate for the amendment. This letter is dated July 2020.

Residents asked the board on many occasion when the amendment was filed and whose name was on the amendment. Residents assumed Cindy's name would have been on the amendment but as it turns out the board waited years to make the fee legal, even after the residents signed the proxy.

 In that regard, unfortunately, the community has incurred substantial legal cost due to these challenges and the board has spent countless hours on the complexities of this issue how complex was the issue if the attorney came up with "valid due to the passage of time"– a huge loss for us all. We hope that moving forward these homeowners who sent us letters from their attorneys during a pandemic, will consider the best interest of the community as a whole, and not their personal interest. Is this communism?  One of the most ridiculous statements made by the board of managers. People must look out for their own self interest especially with this board of managers. Why would anyone hand over $5000 if it's not legal. It should be noted Rick Saccullo did not pay the $5000 capital fee even though he moved in right around the time it should have been paid.

Estates ll Board of Managers 

Cindy Davidowitz President
Alan Rothenberg, Vice President 
Mike Friedlander Treasurer 
Rick Glassman Secretary
Sherry Bookbinder 
Donald Feldman, 
Rich Leonard, 
Rick Saccullo 
Ely Zaken
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