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Legal Opinions: Legal opinions concerning First Legal Opinion of Bacon & Wilson, dated October 1, 2007 Second Legal opinion of Bacon & Wilson, dated February 12, 2008 Third Legal opinion of Bacon & Wilson, dated April 8. 2008, 2008
First
Legal opinion of Victor
Ascolillo, Esq., dated
Second
Legal Opinion of Victor
Ascolillo, Esq., dated Third Legal Opinion of Victor Ascolillo, Esq., dated February 22, 2008
Victor H. Ascolillo, Esq. Hugh J. Flynn, Attorney
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Welcome to the The purpose of this site is to inform the Doverbrook Unit Owners of information that is pertinent to the Unit Owners Interests. A meeting of the Doverbrook Board of Trustees was conducted on January 6, 2008. One of the Agenda items was the ongoing topic of Architectural Modifications or Changes with Doverbrook. Unit Owners have been informed at a meeting of the Doverbrook Board of Trustees (12-3-2007) that they have asked Victor Ascolillo, Esq. to formulate a legal opinion on the legal position of the Doverbrook Condominium Trust Bylaws and/or the Massachusetts 183A Condominium Laws as pertains to architectural modifications, and additional opinions on matters that were unknown. It would seem that Doverbrook Board of Trustees have allowed architectural modification changes to be made to an unknown number of Doverbrook Unit Owners in violation of the Massachusetts 183A Condominium Laws and the Bylaws of the Doverbrook Condominium Trust. It appears in hindsight, that the Board of Trustees are now asking for a written legal opinion to justify their actions retroactively. A first legal opinion was requested from Bacon & Wilson by Joanne C. Gagnon from the Appleton Corporation, and is dated October 1, 2007. The second legal opinion was requested from Victor Ascolillo, Esq. by Rosemary Costa, and is dated December 19, 2007. The third legal opinion was requested from Victor Ascolillo, Esq. by Rosemary Costa, and is dated December 19, 2007. At the Board of Trustees meeting, it was stated that there was only one legal opinion requested, and that it was received on the very same day as the Board Meeting (January 6, 2008). In looking at the legal opinion documents, it is evident that there are in fact 3 legal opinions. The last 2 opinions are in fact from Victor Ascolillo; the first dated December 19, 2007, and the second received on January 6, 2008 (as noted by the Board of Directors), also dated December 19, 2007. The Board of Directors stated that there was only one opinion, and that this opinion was a definitive answer stating that the Doverbrook Board of Trustees could make architectural modifications or changes. It should be noted that Victor Ascolillo, Esq. addressed only the topic of "Sun Tunnels" in both legal opinions. When asked why Bacon and Wilson (Condominium Lawyers) were not used for additional opinions, the Board stated that Joanne Gagnon from Appleton Corporation suggested Victor Ascolillo, Esq. be used. It should be noted that Victor Ascolillo, Esq. is a criminal defense attorney who teaches criminal law at Westfield State College, and who has represented Rosemary Costa personally in the past. Rosemary Costa stated that Victor Ascolillo has a "partner" named attorney Hughes, who is familiar with real estate law. Victor Ascolillo in fact does not have a partner, and there is no attorney with the last name Hughes in Westfield. Update: Doverbrook Board of Trustees Meeting: 1-23-2008 At the Doverbrook Board of Trustees meeting, Rosemary Costa stated that Victor Ascolillo, Esq. has never been her attorney. Rosemary Costa also stated that she misspoke herself when she said Attorney Hughes was consulted, and that the attorney was Hugh Flynn. Rosemary Costa stated that attorney Hugh Flynn was better versed in real estate law. It should be noted that Attorney Hugh Flynn practices criminal law in Westfield, Massachusetts. Rosemary Costa also stated that Victor Ascolillo, Esq. is in fact the attorney for Doverbrook, and was the attorney for Doverbrook prior to consulting Bacon & Wilson on October 1, 2007. A unit owner asked why the Board would ask a non-condominium lawyer to represent Doverbrook. Rosemary Costa stated that they felt the attorneys were adequate with a real estate background. The Doverbrook Board of Directors acknowledge that there was in fact 2 opinion letters from Victor Ascolillo, Esq., and not one as stated by the Board the previous Board meeting. The Board did not mention that the legal opinions were dated the same date of December 19, 2007. The Doverbrook Board again reiterated that they felt justified in allowing architectural modifications even though the legal opinions came after the architectural modifications were allowed, and even though the legal opinions were not specific to "architectural modifications". At the Doverbrook Board of Trustees Meeting, it was noted by the Board that there was no way to contact anyone at the website Doverbrook.org, or to rebut any information that is on the site. It was also noted that there was no opportunity to add information. It should be noted that Lori Reynolds from the Doverbrook Board of Trustees sent an email as linked from the Doverbrook.org home page with a question about the Doverbrook.org website on 12-18-2007. Click here. A response from Doverbrook.org was sent 12-19-2007 in response to Lori Reynolds email. Click here. You decide. More Legal Opinions A fourth legal opinion was requested from Bacon & Wilson by Joanne C. Gagnon from the Appleton Corporation, and is dated February 12, 2008. A fifth legal opinion was requested from Victor Ascolillo, Esq. by Rosemary Costa, and is dated February 22, 2008. A sixth legal opinion was requested from Bacon & Wilson by Victor Ascolillo, Esq. which was presented at the Open Unit Owners Board of Trustees Meeting on April 25, 2008.
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