The history of oppression is so extensive that this section is limited to current oppression. To read about the history of oppression at State Parkway, see the 59-page section (PDF pages 132-190) on Oppression in the 198-page Verified Memorandum of Law In Support of Michael Novak’s Motion For a Temporary Restraining Order And Preliminary And Interlocutory Injunctive Order For The Appointment Of A Custodian To Manage The Affairs Of The State Parkway Condominium Association in the link below:
Last September, State Parkway’s Board of Directors and/or management refused to allow me to run for director at the Annual Meeting of Unit Owners and Election of Directors. In addition, the board of directors has made improper changes to the Association’s Rules and Regulations that solely target me and/or my family.
Below is the history of violation income at State Parkway ever since the Association first adopted Rules and Regulations on October 10, 1995:
Year Violation Income
(a) Full $250 fine reversed as part of Mr. Novak’s 2007 Fair Housing Settlement. Complaints filed by officers of State Parkway’s Board of Directors after Mr. Novak learned that the Association sent a bogus Life Safety Evaluation Report to the City of Chicago without Director Novak’s knowledge and without correcting the errors Director Novak found in the draft report. Two board officers accused Mr. Novak of making an audio recording outside unit 2402 — a dubious allegation because Mr. Novak is deaf. However, then-board Secretary Mary Marta, who was living in unit 2402 with then-Vice President Paul Silverman at the time of the alleged violation, testified in 2011 that Mr. Novak was taking pictures of Mr. Silverman’s unit door.
(b) Full $250 fine reversed as part of Mr. Novak’s 2007 Fair Housing Settlement. Complaint filed by management immediately after Mr. Novak engaged in a protected activity after management improperly cut off Mr. Novak’s access to the management office via email. Other $250 fine levied to a unit with children performing gymnastics exercises. Mr. Novak’s equal access email privileges were fully restored in April 2008.
(c) Represents four fines levied to Mr. and Mrs. Novak, totaling $1,250 but illegal because Mr. and Mrs. Novak were not given notice and/or an opportunity to be heard. Complaints were filed by a board officer (2), management and an anonymous unit owner that was purportedly withdrawn. These fines, along with all other subsequent fines against Mr. and Mrs. Novak (in 2009 and 2010) are currently being litigated in a second fair housing complaint in federal district court. Security video of an alleged July 2008, standards of behavior violation obtained through production clearly refutes the allegation that Defendant Weber made in her formal standards of behavior complaint against Mr. Novak that resulted in a $400 fine.
(d) Includes a $425 fine against Mr. and Mrs. Novak for their family’s service animal allegedly violating State Parkway’s “Pet Rules.” This complaint filed against Mr. & Mrs. Novak was filed by management. This fine along with the $1,250 2008 fines, and the $500 2010 fine, are currently being litigated in a second fair housing complaint in federal district court.
(e) Includes a $500 fine against Mr. and Mrs. Novak that was filed by a then-former director that later rejoined the board. This formal complaint, however, was withdrawn without notice but the Novaks were fined $500 anyway without an opportunity to be heard. This fine, which is the last fine the Novaks’ received, along with the aforementioned 2008 and 2009 fines, is currently being litigated in a second fair housing complaint in federal district court.
Here’s a free tip for unit owners charged with a violation. The current Rules and Regulations that were approved at the September 24, 2012, are actually invalid because State Parkway’s then-Board President Mary Marta did not permit unit owners to discuss the proposed rules at the September 2012 board meeting. State law says the board has the power to adopt and amend the rules and regulations after a meeting called for the specific purpose of discussing the proposed rules and regulations. However, the unit owners were inexplicably denied the opportunity to discuss the proposed full text, dated July 20, 2012, at the September 24, 2012, board meeting. Consequently, the current rules and regulations, “the Mary Marta Rules and Regulations” are both invalid and unenforceable.
Now here’s the very interesting part: Since 1995, the Association recorded $5,625 of violation income, net of $500 refunded to Mr. and Mrs. Novak (and including the illegal contested $2,175 in fines), but the Association spent and/or committed $3 million trying to enforce the unlawful fines against Mr. and Mrs. Novak. It includes the $1.2 million the Association’s insurer has already spent and exercised a reservation of rights.
I have no doubt State Parkway’s board and management intentionally committed insurance fraud when the Association filed insurance claims related to the illegal fines. Meanwhile, State Parkway’s insurer has already advised State Parkway’s board of directors that it will not indemnify the Association in either the federal or the state court case.
New board president Tom Battista and Lieberman Management Services, Inc., have already issued numerous threats to me and/or my family. I got Tom Battista to stop after I warned him I will call 911 if he sent me another email. Meanwhile, my wife and I are under no duty to respond to anonymous communications sent from Lieberman Management Services, Inc.
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