It is a kangaroo court. Its not enough to recall Lerner. Wiggins is a disgrace. Strumza and Miller are Strumza and Miller and that's not good. The new guy is as bad as any of the others. All should be recalled. The parliamentarian makes up his own rules to fit what Slava wants. He should have been fired, not Barbara.
Last night Barbara Tokay was removed as the Treasurer of the Galaxy. She CHOSE not to attend this Special Meeting which was to determine her viability for continuing as Treasurer. Despite her numerous violations of ethical and fiduciary duty as our treasurer, she still has a few supporters among the Board of Directors --- specifically Directors DeLuca, Lungo & Spingola. These 3 Directors made long speeches at the meeting about how terrible it was that Barbara was being considered for removal when she was "not able to attend the meeting" because she was out of town dealing with family matters. They ran up the cost of the meeting with their endless speeches so that unit owners had to pay more and more for something that could have been completed quickly. These directors pointed fingers - made accusations of "witch hunts" and "kangaroo courts" - and attempted to garner as much sympathy as they could for themselves and Ms. Tokay because of her “forced” absence.
......and it almost worked.......BUT STOP THE PRESSES!
It has just come to GalaxyFacts attention that last night Barbara Tokay was NOT away from the Galaxy as we were all told but was, in fact, in the Galaxy at the time of the Special Meeting --- and even chatting with residents right before the meeting began. Since we now know that our former Treasurer made a deliberate decision NOT to attend this very important meeting --- but instead had her 3 supporters on the Board lie and spin to the unit owners on her behalf; we must now demand answers from Directors Deluca, Lungo and Spingola.
If they are willing to deceive the entire community to try to protect a corrupt colleague…….what else are they willing to do???
WILL they be willing to continue Tokay’s legacy of leaking confidential information on public websites in the name of “Free Speech???
WILL they continue to make false accusations and slander other directors' characters???
WILL THEIR supporters continue to choose the side of lies and deception now that their martyred ex-treasurer has been exposed????
The Day of Reckoning is certainly coming --- the paper trail is long and well documented.
"Judgment Cometh -- and That Right Soon"
I cannot believe this - Barbara was in the Galaxy and could not take the time to go to this important meeting that was all about her?
I wish at the meeting they made it more clear what Barbara did that justified her removal as treasurer. Whatever it was, it must have been serious for her to have been removed.
I cannot believe that I actually trusted her! I was beginning to think that she had changed. This should teach us that people do not change.
Anonymous wrote:
It is a kangaroo court. Its not enough to recall Lerner. Wiggins is a disgrace. Strumza and Miller are Strumza and Miller and that's not good. The new guy is as bad as any of the others. All should be recalled. The parliamentarian makes up his own rules to fit what Slava wants. He should have been fired, not Barbara.
My father passed away on November 17, 2008. He lived in a senior community in Millbrook, NY, at the time of his death. Because I work full-time and took many days off during his final illness, I was not able to begin to pack up his apartment until the holidays this year. My son, who goes to college in California, returned home on December 18th. He has been a great help to me.
I was at my father's apartment in Millbrook on December 30th, as previously planned, packing, measuring, and making plans to close up his apartment as well as planning a memorial service for him. There's a lot to do and not much time to do it in.
I notified the Board of my absence as soon as I was informed that a meeting would be held on December 30th. I asked why this could not be postponed until the next meeting on January 8th when I would be present--this is required by the bylaws.
Whoever posted this is truly sick. I feel sorry for the poster and for our community. Whoever posted this has no self-respect. This kind of lie does more harm to our community than telling the truth about our financial status. Who wants to move to a place where neighbors do not show common decency for each other?
I don't know what was said about me on December 30th but I do know that I have acted responsibly and in good faith.
Hi, Mike,
Could you post this for me wherever "judgment's" post appears? Thanks!
To All Galaxy Owners;
Last night Barbara Tokay was removed as the Treasurer of the Galaxy. She CHOSE not to attend this Special Meeting which was to determine her viability for continuing as Treasurer. Despite her numerous violations of ethical and fiduciary duty as our treasurer,
This sounds familiar - no facts, just empty accusations.
she still has a few supporters among the Board of Directors --- specifically Directors DeLuca, Lungo & Spingola. These 3 Directors made long speeches at the meeting about how terrible it was that Barbara was being considered for removal when she was "not able to attend the meeting" because she was out of town dealing with family matters.
That's right.
They ran up the cost of the meeting with their endless speeches so that unit owners had to pay more and more for something that could have been completed quickly.
Oh, please. Unit owners shouldn't have had to pay for this at all! This should have happened Jan. 8th! And does anyone really believe, as this poster seems to, that Directors shouldn't have the chance to state their case? To fight for something they believe in, or against something they oppose? Our bylaws give us that right. As for running up the cost of the meeting - again, there never should have been a cost in the first place. Don't blame the three minority Directors - we tried to get the meeting cancelled, citing both the ex-Treasurer's absence and the cost to the owners. The Board did not agree.
Also, the phrase "something that could have been completed quickly" - is a bit unnerving. Is this poster saying that a governing body can decide a case - without disseminating any evidence, without the accused present to
defend herself - and no one should demur, discuss, debate? In the interests of completing the task quickly? There are places in this world where this is de rigeur. I don't want the Galaxy to become one of them.
I note the author's sign-off is "judgement cometh" - quite appropriate for someone who obviously thinks judge, jury and executioner is one job.
These directors pointed fingers - made accusations of "witch hunts" and "kangaroo courts" - and attempted to garner as much sympathy as they could for themselves and Ms. Tokay because of her “forced” absence.
I pointed no fingers, and as for garnering sympathy for myself, I have neither reason to do so nor need. But I certainly did characterize the meeting as a "kangaroo court."
Here are the facts:
• the meeting was called during the biggest holiday week of the year, giving the ex-Treasurer, who had planned to be out of town, three days notice.
• when the meeting was voted on, it was just to discuss an apology to the FAC. When the announcement went out, the Treasurer's removal and replacement had been added. Some may call this a classic end-run. It may be legal, but consider this: if these items had been on the agenda originally, certain Directors would have voted differently.
• the ex-Treasurer gave valid reasons why she could not attend.
• the ex-Treasurer stated she would attend the next regularly scheduled meeting on Jan. 8th and requested a postponement til then. Your Board couldn't wait.
• the meeting was held without the ex-Treasurer, a violation of our bylaws, which state the Director must have an opportunity to defend herself.
• no evidence was presented, just hearsay.
• the accused was tried, sentenced and executed - without being present.
I respectfully ask, what would YOU, dear poster, or anyone else call it?
......and it almost worked.......BUT STOP THE PRESSES!
Wait a minute! isn't this overly dramatic, and isn't that MY domain, as alleged in a mass mailing from one of our neighbors in which he stated I should be on Broadway? You remember: he followed this claim with intense questions as to what the mysterious box in front of Mike (the tape recorder) REALLY is...but I digress.
It has just come to GalaxyFacts attention that last night Barbara Tokay was NOT away from the Galaxy as we were all told but was, in fact, in the Galaxy at the time of the Special Meeting --- and even chatting with residents right before the meeting began.
Wow - this is really low. But look: this poster can go even lower!
Since we now know that our former Treasurer made a deliberate decision NOT to attend this very important meeting --- but instead had her 3 supporters on the Board lie and spin to the unit owners on her behalf; we must now turn demand answers from Directors Deluca, Lungo and Spingola.
Demand answers - in response to what? The unfounded, malicious drivel posted below? Oh, have no fear; we'll get there. But first let me address the heartless and defamatory speculations above. The author states our ex-Treasurer was here at the time of the meeting. Judging by the amount of lies contained in this post, I see no reason to believe this statement. Further, if she WAS on the premises, I imagine you, dear author, have no idea what occasioned it, nor is it any of your business. Did her plans change? Was traffic light?
The point is, the ex-Treasurer notified the Board of her intended absence. She asked for the meeting to be postponed to the next regular session. Nine days later. When she could be present. When it wouldn't cost the owners money. Whether she was upstate planning her father's memorial or home eating bonbons and watching tv is irrelevant.
Next, the poster accuses me, Mike and Franco of lying and spinning to the owners. What a joke! I have never lied or spun anything to the owners; why would I start now? The ex-Treasurer stated her very valid reasons for not being able to attend Dec. 30th. Those are the reasons I championed, and those are the reasons our ex-Treasurer underscores in her email above. I do not believe I have been misled, and I do not believe I have misled the owners. The question is, what kind of devious, pathetic mind would assume we lied about her whereabouts - and then post it as fact? Hmmm...could it be anyone we know?
If they are willing to deceive the entire community to try to protect a corrupt colleague……. what else are they willing to do ???
Interesting choice of words! This was exactly what was said by many residents about the Board majority with regard to the circumstances surrounding Mr. Otero's resignation. But as to how this question pertains to me - to put it bluntly, it doesn't. I am not willing to, nor have I ever, deceived the community; I do not protect corrupt colleagues (see second sentence, this paragraph) and, contrary to what this author seems to be implying, I do not believe our ex-Treasurer is corrupt.
WILL they be willing to continue Tokay’s legacy of leaking confidential information on public websites in the name of “Free Speech???
My problems with this question are many. Obviously, this person thinks the information our ex-Treasurer posted on GF is confidential. There are many residents who disagree. Also, the author seems to think posting such information, the confidentiality of which is up for question, is "leaking" - a word that smacks of secrecy and deception. Unfortunately, not a good word choice here, since our ex-Treasurer signs her name (unlike this poster, who may have a better reason for remaining anonymous: I believe certain statements in his/her post are actionable) and states her case.
And lastly, "in the name of free speech" - let me address "judgment" directly. Is free speech something you're against? I hope you realize how lucky you are to live in America (if indeed, we still are) where you can post anything you like, including this desperate attempt to legitimize a questionable process, on the web.
And so can ex-Treasurers.
WILL they continue to make false accusations and slander other directors' characters???
Oh, please. Support your empty and ridiculous accusations with facts. On the other hand, would it help you see the light if I told you I had notarized letters from residents testifying to the trash they've been told about me, and by whom?
WILL THEIR supporters continue to choose the side of lies and deception now that their martyred ex-treasurer has been exposed????
Yawn. Bad rhetoric is SO depressing. But you seem to feel that our ex-Treasurer is, indeed, a martyr. Perhaps you're onto something; maybe you're not as brainwashed as you sound. As for her being exposed - as what? A Director who's no longer Treasurer?
For future reference, you may want to complete a thought every once in a while. Some facts might be nice, too.
The Day of Reckoning is certainly coming --- the paper trail is long and well documented.
One can only hope - elections are coming soon, and the people will have their say. As for the second part of your sentence - TRUE THAT!
"Judgment Cometh -- and That Right Soon"
Yeah, whatever, Judgment.
Anonymous wrote:
To All Galaxy Owners;
Last night Barbara Tokay was removed as the Treasurer of the Galaxy. She CHOSE not to attend this Special Meeting which was to determine her viability for continuing as Treasurer. Despite her numerous violations of ethical and fiduciary duty as our treasurer, she still has a few supporters among the Board of Directors --- specifically Directors DeLuca, Lungo & Spingola. These 3 Directors made long speeches at the meeting about how terrible it was that Barbara was being considered for removal when she was "not able to attend the meeting" because she was out of town dealing with family matters. They ran up the cost of the meeting with their endless speeches so that unit owners had to pay more and more for something that could have been completed quickly. These directors pointed fingers - made accusations of "witch hunts" and "kangaroo courts" - and attempted to garner as much sympathy as they could for themselves and Ms. Tokay because of her “forced” absence.
......and it almost worked.......BUT STOP THE PRESSES!
It has just come to GalaxyFacts attention that last night Barbara Tokay was NOT away from the Galaxy as we were all told but was, in fact, in the Galaxy at the time of the Special Meeting --- and even chatting with residents right before the meeting began. Since we now know that our former Treasurer made a deliberate decision NOT to attend this very important meeting --- but instead had her 3 supporters on the Board lie and spin to the unit owners on her behalf; we must now demand answers from Directors Deluca, Lungo and Spingola.
If they are willing to deceive the entire community to try to protect a corrupt colleague…….what else are they willing to do???
WILL they be willing to continue Tokay’s legacy of leaking confidential information on public websites in the name of “Free Speech???
WILL they continue to make false accusations and slander other directors' characters???
WILL THEIR supporters continue to choose the side of lies and deception now that their martyred ex-treasurer has been exposed????
The Day of Reckoning is certainly coming --- the paper trail is long and well documented.
"Judgment Cometh -- and That Right Soon"
I am appalled at what you and your colleagues are doing to this community. You haven't a clue about where we stand financially and about the risks we are taking with the endless push to destabilize our government. You and your pals couldn't stop with one recall. No, indeed. You had to continue until any "dissenting" ideas were stamped out.
The Board majority has gone too far, however. Libel is an actionable offense and the Board majority committed it when they sent out a letter alleging that I showed, among other things, "an utter disregard for responsible and honest conduct towards employees, the board and the community."
It is clear that the meeting on December 30, 2008 was not intended to be a legitimate proceedings. First, I had informed the Board as soon as I knew the date that I could not be there for good reason. Second, I was never shown any of the allegations prior to the meeting nor was I shown any evidence supporting these allegations.
The first time I saw the allegations was in a copy of the letter emailed to the Board several minutes before it was emailed to all owners.
Although the Board majority refused to show me the "evidence" supporting these allegations, the majority has in its possession a great deal of contradictory evidence. They have hundreds of emails I sent to the Board and copies of emails sent to the Financial Advisory Committee, employees, owners, and the GTCA auditor and attorney about financial issues. In these emails, I outlined problems and concerns. I asked questions. I proposed meetings. I made suggestions and recommendations.
It is clear that the allegations made in the letter sent to all owners were made in spite of having evidence to the contrary.
I think these directors will learn an important lesson about defamation. Unfortunately, the Association will pick up the tab for defending them.
No volunteer should fear that he or she will have his or her good name abused and maligned for carrying out tasks in good faith and at the direction of the Board. That's what I did.
It is too bad that all of you will have to pay for the misdeeds of a few. But perhaps you will be more careful about your choices next time. You will ask for some accountability. You will not allow directors elected to control costs to destroy the accounting department. You will not allow directors elected on promises of "transparency" to make it impossible to provide financial statements for 9 months.
Our directors should deliver what they promised. And, more important, they should abide by the governing documents of the Association and the laws of the State of New Jersey.
The Board majority has clearly demonstrated what it thinks of you, the long-suffering owners, by putting your money on the line to pay to defend themselves against a lawsuit that never had to happen. The Board majority and its colleagues clearly don’t care about you. They think of you as “cash cows,” who exist solely to pay for their frivolous and foolish actions.
Barbara Tokay
Anonymous wrote:
To All Galaxy Owners;
Last night Barbara Tokay was removed as the Treasurer of the Galaxy. She CHOSE not to attend this Special Meeting which was to determine her viability for continuing as Treasurer. Despite her numerous violations of ethical and fiduciary duty as our treasurer, she still has a few supporters among the Board of Directors --- specifically Directors DeLuca, Lungo & Spingola. These 3 Directors made long speeches at the meeting about how terrible it was that Barbara was being considered for removal when she was "not able to attend the meeting" because she was out of town dealing with family matters. They ran up the cost of the meeting with their endless speeches so that unit owners had to pay more and more for something that could have been completed quickly. These directors pointed fingers - made accusations of "witch hunts" and "kangaroo courts" - and attempted to garner as much sympathy as they could for themselves and Ms. Tokay because of her “forced” absence.
......and it almost worked.......BUT STOP THE PRESSES!
It has just come to GalaxyFacts attention that last night Barbara Tokay was NOT away from the Galaxy as we were all told but was, in fact, in the Galaxy at the time of the Special Meeting --- and even chatting with residents right before the meeting began. Since we now know that our former Treasurer made a deliberate decision NOT to attend this very important meeting --- but instead had her 3 supporters on the Board lie and spin to the unit owners on her behalf; we must now demand answers from Directors Deluca, Lungo and Spingola.
If they are willing to deceive the entire community to try to protect a corrupt colleague…….what else are they willing to do???
WILL they be willing to continue Tokay’s legacy of leaking confidential information on public websites in the name of “Free Speech???
WILL they continue to make false accusations and slander other directors' characters???
WILL THEIR supporters continue to choose the side of lies and deception now that their martyred ex-treasurer has been exposed????
The Day of Reckoning is certainly coming --- the paper trail is long and well documented.
"Judgment Cometh -- and That Right Soon"
Breach of fiduciary duty. Actions taken in breach of fiduciary duties owed by the board to unit owners will also not be insulated from judicial review. Obvious examples of breach of fiduciary duty involve actions in violation of the duty of undivided loyalty. For example, in Scott v. Williams, 607 S.W.2d 267, 272 (Tex. App. 1980), the court enjoined members of the board who owned many units in the condominium from self-dealing activities, including voting to expend association funds on interior repairs in the units they owned.
Similarly, actions taken without the exercise of due care are not insulated from judicial review. The business judgment rule does not excuse board members from their management duty to exercise due care. One commentator has explained the board's duty of care, in light of the business judgment rule, in the following terms: "Virtually all courts agree that directors will not be held liable for 'honest mistakes' of judgment. But most of them also say, in effect, that directors cannot act negligently. . . . [However,] drawing the line between an honest mistake and a negligent one can be difficult." R. Clark, Corporate Law 124-5 (1986) (footnote omitted). The duty of care requires the board to collect and evaluate all material information before making a decision-such as the need for, or wisdom of, imposing a particular new rule on unit owners. The duty of due care requires that board members make "informed" decisions.
Anonymous wrote:
Dear "Righteous"
I am appalled at what you and your colleagues are doing to this community. You haven't a clue about where we stand financially and about the risks we are taking with the endless push to destabilize our government. You and your pals couldn't stop with one recall. No, indeed. You had to continue until any "dissenting" ideas were stamped out.
The Board majority has gone too far, however. Libel is an actionable offense and the Board majority committed it when they sent out a letter alleging that I showed, among other things, "an utter disregard for responsible and honest conduct towards employees, the board and the community."
It is clear that the meeting on December 30, 2008 was not intended to be a legitimate proceedings. First, I had informed the Board as soon as I knew the date that I could not be there for good reason. Second, I was never shown any of the allegations prior to the meeting nor was I shown any evidence supporting these allegations.
The first time I saw the allegations was in a copy of the letter emailed to the Board several minutes before it was emailed to all owners.
Although the Board majority refused to show me the "evidence" supporting these allegations, the majority has in its possession a great deal of contradictory evidence. They have hundreds of emails I sent to the Board and copies of emails sent to the Financial Advisory Committee, employees, owners, and the GTCA auditor and attorney about financial issues. In these emails, I outlined problems and concerns. I asked questions. I proposed meetings. I made suggestions and recommendations.
It is clear that the allegations made in the letter sent to all owners were made in spite of having evidence to the contrary.
I think these directors will learn an important lesson about defamation. Unfortunately, the Association will pick up the tab for defending them.
No volunteer should fear that he or she will have his or her good name abused and maligned for carrying out tasks in good faith and at the direction of the Board. That's what I did.
It is too bad that all of you will have to pay for the misdeeds of a few. But perhaps you will be more careful about your choices next time. You will ask for some accountability. You will not allow directors elected to control costs to destroy the accounting department. You will not allow directors elected on promises of "transparency" to make it impossible to provide financial statements for 9 months.
Our directors should deliver what they promised. And, more important, they should abide by the governing documents of the Association and the laws of the State of New Jersey.
The Board majority has clearly demonstrated what it thinks of you, the long-suffering owners, by putting your money on the line to pay to defend themselves against a lawsuit that never had to happen. The Board majority and its colleagues clearly don’t care about you. They think of you as “cash cows,” who exist solely to pay for their frivolous and foolish actions.
Barbara Tokay
Anonymous wrote:
To All Galaxy Owners;
Last night Barbara Tokay was removed as the Treasurer of the Galaxy. She CHOSE not to attend this Special Meeting which was to determine her viability for continuing as Treasurer. Despite her numerous violations of ethical and fiduciary duty as our treasurer, she still has a few supporters among the Board of Directors --- specifically Directors DeLuca, Lungo & Spingola. These 3 Directors made long speeches at the meeting about how terrible it was that Barbara was being considered for removal when she was "not able to attend the meeting" because she was out of town dealing with family matters. They ran up the cost of the meeting with their endless speeches so that unit owners had to pay more and more for something that could have been completed quickly. These directors pointed fingers - made accusations of "witch hunts" and "kangaroo courts" - and attempted to garner as much sympathy as they could for themselves and Ms. Tokay because of her “forced” absence.
......and it almost worked.......BUT STOP THE PRESSES!
It has just come to GalaxyFacts attention that last night Barbara Tokay was NOT away from the Galaxy as we were all told but was, in fact, in the Galaxy at the time of the Special Meeting --- and even chatting with residents right before the meeting began. Since we now know that our former Treasurer made a deliberate decision NOT to attend this very important meeting --- but instead had her 3 supporters on the Board lie and spin to the unit owners on her behalf; we must now demand answers from Directors Deluca, Lungo and Spingola.
If they are willing to deceive the entire community to try to protect a corrupt colleague…….what else are they willing to do???
WILL they be willing to continue Tokay’s legacy of leaking confidential information on public websites in the name of “Free Speech???
WILL they continue to make false accusations and slander other directors' characters???
WILL THEIR supporters continue to choose the side of lies and deception now that their martyred ex-treasurer has been exposed????
The Day of Reckoning is certainly coming --- the paper trail is long and well documented.
"Judgment Cometh -- and That Right Soon"
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