July 10, 2008

To: All BHVA Owners and Residents:                            

In response to the “demands” made by Fred Sarkis on June 30^th, 2008, please be advised that we are in the process or formulating answers to questions that have been presented.  As they are obviously very accusatory and specific, we want our reply to be as legally and thoroughly complete as possible.

In the interim, we urge your patience, indulgence and further thought based on the following thoughts and concerns:

1.         The fees currently in force for sewer and water have been in effect ever since all of us on the board have been here, without dispute or complaint.

2.         The additional fee for the sewer treatment plant upgrade was discussed in detail at a South Bristol Board meeting before the plant was completed.  The original fee was reduced and all approved by their Board of Trustees as well as BHVA.

3.         The Sewer and Water companies are not for profit firms, and as such, are under no obligation to produce financial statements.  The only way the PSC can demand full disclosure would be if they were applying for an additional NYS Grant.

4.         There are presently two members on the board from the condos and another to be proposed for the coming year.   Your president from 2004-2007 was from Condo III.  Your current Treasurer is also from the condos.

5.         We have a management firm and an association attorney currently in place.  Until recently no condo accountant or lawyer has ever requested to be considered for board election.  As you know, we have advertised for members every month that the Villager has been issued as well as at board meetings, with virtually no interest.

6.         Meters have been mandated by the PSC and many have been completed on the west side of Seneca Point Road.  It is our understanding that a single meter is in process for the condos. When that is completed, monitoring will be commenced with the end result being an accurate measurement of usage.

7.         For your additional information, an unofficial committee was formed a month ago to look into the sewer and water charges.  This was in response to Mr. Sarkis’s request.  A member of the BHVA board is the head of that committee and will report to the board.

8.         The annual meeting is held in October based on the original declarations put forth by Mr. Sarkis.  What has changed?

These are just eight points out of many that will follow.  Since we have been here, the number of complaints based on sewer and water charges has not been pursued by any board, and we do take exception to all of the unreasonable demands.

In reviewing the charges, one would be led to believe that there will be a “Minimum total rebates of $732,000". Not a supposition, an alleged promise, which we hope the writer of the letter is prepared to personally back up.

First of all, anything definite would have to be determined after a lengthy and expensive legal battle in court.  Furthermore, we have been told that any alleged excessive charges can not be retroactive, even if proven.  Finally, more equitable distribution of charges will be decided only after metering is complete and then a year of monitoring.

We hope the logic of this reply be taken as a reasonable response in view of the wide implications contained therein.  Your board will act accordingly with the best interest of all residents and owners.

Your BHVA Board of Directors