PARSIPPANY — A heated election was held on Sunday, September 13 for the election of officers for Lake Parsippany Property Owners Association (LPPOA). 372 ballots submitted of the 499 eligible voters* or 75% came out to vote. Click here for a complete breakdown of the results.
Due to COVID-19 LPPOA hired Election Buddy to conduct the process. Eligible voters will be able to vote from the safety of your home, or members could vote at The Clubhouse. The Clubhouse was open from 9:00 a.m. to 3:00 p.m. for those who do not have the use of a computer.
*LPPOA determined that the eligible voters were members who paid full membership dues, and NOT any member that paid the current assessment fee.
The newly elected officers are President: Pulkit Desai (2-year term); Vice President: Danny Desai s (1-year term); Financial Secretary: Tarak Bhatt; District 1: Rinam Shah; District 2: Casey Palermo; District 3: Rajinkant Patel and District 4: Deepa Tailor.
Trustee Positions are two-year terms and alternating between President/Vice President and Treasurer/Financial Secretary allowing one position available every election year.
Director Positions are three-year terms, allowing one position available in each district every election year.
The new officers will be officially sworn in mostly like via Zoom due to COVID-19.
Parsippany Focus sent an email to the current officers but they refused to comment on the election results.
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 50 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.
The Court found Lake Parsippany is a common interest community and that each of the 2200 property owners had been granted rights to the use of the common properties, including the lake, by virtue of an easement in their chain of title to their property, and by the fact that their lots are depicted on a map filed with Morris County at the time of the original development of the community.
