PARSIPPANY — On Tuesday, January 10, the Lake Parsippany Property Owners Association (LPPOA) attempted to hold a meeting regarding the implemented mandatory easement assessment on all properties within the original purchase tract of Lake Parsippany. This includes 2,204 property owners of the original purchase tract of Lake Parsippany whose deeds provide for such access.
The Parsippany Police Department arrived at approximately 8:00 p.m., just a half-hour after the start of the meeting, and told the crowd of over 400 residences to leave because of overcrowding. The gym at Lake Parsippany School has a capacity of 362 people.
There was also a meeting scheduled for Friday, January 13 which has been canceled until a larger venue is secured.
In October 2016 members who paid the membership fees for Calendar Year 2016 voted on the assessment fees. The vote was 101 for the mandatory easement and 16 against mandatory easement. The remaining 2,087 residents were not allowed to attend any of the original meetings and were not allowed to vote. Less than 5% of the residents affected by the mandatory easement were permitted to vote.
Cedarcrest Property Management, hired by LPPOA, sent the 2,204 residents an “invoice as of 12/31/16”, for $115.00. The invoice further states that “payment is due January 31, 2017.” The Invoice was accompanied by correspondence which indicated that if payment is not received by March 15, 2017, “a late notice will be mailed to include a $25.00 late fee asking for payment immediately.” However, there is no contract between the parties, and no statute, that would authorize the LPPOA to charge any late fee. The threat of a $25.00 late fee was intentional and was intended to intimidate and harass the property owners into paying the Assessment.
The LPPOA is a shell of an entity that exists to operate a social club that is comprised, significantly, of individuals who are not even Lot Owners. Under the circumstances, the LPPOA has no authority to levy the Assessment against the Lot Owners and has no authority to institute collection actions against the Lot Owners for non-payment.
A dozen neighbors in Lake Parsippany, including Mary Purzycki, decided in October 2016 after the LPPOA membership voted to impose a mandatory assessment fee on the 2,204 property owners, to form a group to seek legal advise. The “No Assessment Group” decided to pursue a legal representation on this issue.
The group was formed by Lake Parsippany resident, Mary Purzycki who lived here for 46 years and served on the Lake Parsippany Property Owners Association Board of Directors for ten years, and was a representative to the Coalition of Lake Associations. At one of the Coalition’s meetings the Easement Assessment Theory was presented, she brought the information back to the LPPOA Board of Directors. The board agreed to investigate the assessment theory.
She said “After much thought, she knew it would put a financial burden on a majority of the people living in the lake. The Broad decided after reviewing not to pursue the idea any further.”
“The conclusion the board came to then, in my mind, has not changed today. The fact that low and moderate-income families moved here because of the affordable housing market, has not changed. In addition, most senior citizens are on fixed incomes, and some families live from paycheck to paycheck that has not changed,” said Purzycki.
She continued “The LPPOA did not take any of these factors into consideration when they voted to impose this mandatory assessment fee. The fact some people cannot afford the extra $115.00 fee expense was not considered. It should have been one of their primary concerns. The fact that the 2,204 voices of the residents were not heard or cared about is unconscionable. It is unfortunate that the association did not realize that people should come first and the association’s possible financial problems are second to that. The community is now divided. This assessment fee has only promoted animosity and hostility. It is time to stop the assessment fee and bring back the united friendly neighborhood, I knew and love.”
After reviewing the options, the group decided to retain the services of Brian Rader, Esq. from the law firm of Jardim, Meisner & Susser to represent them.
On Monday, January 9 a “Memorandum of Law in support of the Owners’ Order to Show Cause” was filed in the Morris County Superior Court.
On Tuesday, January 10 the LPPOA was served the legal documents at 7:00 p.m. The Morris County Superior Court has ordered both parties to appear next week before Judge Brennan.
“For decades, the Lake Parsippany Property Owners’ Association, Inc. (“LPPOA”) has taken every imaginable step to alter, amend and abolish the neighborhood scheme that was originally intended for Lake Parsippany. Now, the LPPOA is seeking to hold all individuals who live within the original bounds of Lake Parsippany financially accountable for maintaining Lake Parsippany and its common facilities. While the LPPOA is attempting to enforce a common-interest based legal theory, the LPPOA itself is responsible for its abolition, and due to the actions of the LPPOA, Lake Parsippany is not recognized as a common-interest community. We allege that the actions of the LPPOA are not only immoral, but improper as a matter of law and equity, and we are seeking a declaratory judgment stating the same,” said Brian M. Rader, Esquire.
The Cedar Crest Property Management sent out the invoices for the mandatory assessment fee along with notice of late payment details and costs. The invoices were sent to the residents before LPPOA held any meetings to discuss the assessment with the 2,204 affected residents.
If you would like more information on the “No Assessment Group,” you can email noeasment@gmail.com or call (973) 220-2378. Please include in your email your first and last name, address, phone number, and email address. You will be contacted within 24 hours.
Currently, LPPOA has no President. The following is a list of officers:
Bill Sempier, Vice President. Email: lppres@hotmail.com
Marilyn Ammirata, Secretary
Phil Berardo, Treasurer. Email: philberardo@optonline.net
Dan Nazzaro, Financial Secretary. Email: member252@optonline.net
Debbie Orme, District 1 (Drewes Beach Area). Email: josephorme@aol.com
Don Phelps, District 3 (Jorges Beach Area)
Barbara Allu, District 4 (Hoffman Beach Area). Email: baallu@aol.com
Sebastian Ostolaza, District 4 (Hoffman Beach Area). Email: sebastian.ostolaza@gmail.com
For more information on the Lake Parsippany Easement Assessment, click here.
The video was produced by Joshua Canion and used with permission.
