Parker vs Park Tower Condominium Association
Christopher Parker, a Park Tower association member, filed a
lawsuit on July 2, 2011 seeking removal of Scout, the bed bug dog, from our premises.
This lawsuit was finalized on April 4, 2016 and decided in Mr. Parker's favor, after almost 5 years of litigation. From the decision:
As Parker aptly puts it, “a Board obviously may not exercise its business judgement in an manner that violates its own instruments.”
This is a direct consequence of the
Palm decision.
Now, how much money did we spend defending ourselves against this lawsuit?
Depositions were obtained from 6 people in this case, one of whom, Mr. Whitstine, lives in Florida. A deposition requires the
presence of at least 1 attorney and a court reporter. Who paid for these depositions, Mr. Parker or PTCA? It's hard to imagine that
the plaintiff would seek these depositions, as 5 of these people would most likely offer testimony in defence of PTCA.
I understand that PTCA has a bulk contract agreement with our legal firm, but it seems unlikely that the expense of obtaining
depostions would fall under that agreement.
The depositions obtained from Dr. Rotramel, a pest expert, and Mr. Whitstine, Scout's trainer, are in no way relevant to Mr. Parker's lawsuit.
Clearly, the intent of the defendant, PTCA, was to obfuscate, delay and induce Mr. Parker to spend additional funds on his complaint in
the hope that Mr. Parker would vacate his lawsuit, knowing that winning a legal decision was not possible.
Our by-laws
require a full accounting
of how our association money was spent. If we were following our by-laws, we would know
how much money was spent defending our association against this lawsuit.