OK. The first thing I have to say is that our attorney (who attended the meeting yesterday) must now be reconsidering his future in condominium law. I think it would be easier to defend a serial killer.
The meeting was a disaster! I’m not sure how many people were on the call, but I think that an any given time, at least half of them were talking (at least it seemed that way). And on one occasion there was somebody there trying to order food! Gary Tucker at one point said that he was looking into getting ZOOM for the next meeting. That should have been done long ago.
Anyway, the results of the vote on the special assessment were inconclusive even though 60% of the weeks that participated in the election voted “No”. As I wrote in my July 6th blog, there needs to be an absolute majority of the 1393 voting interests, 697 votes, for either approving the special assessment, or to not approve it and begin the process of liquidation. This isn’t 100% clear, since our by-laws don’t entirely coincide with state law, or even with themselves in some cases.
The best solution that the board could come up with (with the agreement of our attorney), was to adjourn the meeting until October 21 to give the Hawks Nest time to get in touch with those owners who did not participate to encourage them to vote so that the question can be settled once and for all.
Of course, there’s a fly in the ointment: Owner Raymond Jones threatened that if things didn’t go his way, he would keep this thing in the courts until most of us are dead. If you know Raymond, please thank him for his constructive contribution.
Other attendees were critical of those who voted no as just being in it for a “payday”. I’m not easily offended, but this did the trick. My family has owned at the Hawks Nest since the beginning. our “payday” was the time spent there and the friends we made over those years. Our investment however, whether in the Hawks Nest, or any other thing of value that we own, is something to be preserved as best we can.
Reasonable people can differ as to the best way to preserve as much as possible the value of our investments. It is my opinion that the best way to do it is to see the handwriting on the wall, and reluctantly let go of the Hawks Nest. if I have to walk away with nothing, so be it. I will have no regrets. HOWEVER, that does not mean that I will sit by quietly while this board or a future one pisses away what assets we do have on a futile effort to rebuild.
Much was made of the fact that we only have one contractor’s bid for the repairs. This is true, but they failed to realize that more bids were solicited, but the companies involved chose no to bid. Some may have just been too busy, but I have been told that at least two won’t do business with us. If after listening to how some people behave at our meetings, would you? I know I wouldn’t if I didn’t have to. That said, The new board should do its best to obtain additional bids.
On the bright side, the election of board members is not affected by this 51% of the total voting interests rule, so that vote is final. Oh, wait – now Marty Shapiro is threatening to sue to overturn his loss because some people did not get his or Rosemary Smith’s resumes in their election packet, and this may have cost him some votes. I think this is disingenuous on Marty’s part since at every opportunity he brags that he has been on this board longer than anyone alive. He didn’t lose because the voters didn’t know him, he lost because they did.
An actual bright side is the election of Jason Moos and Michelle Frigola. I have spoken with both, and believe them to be honest and thoughtful people with talents which would be very helpful in determining the future of the Hawks Nest.
Jason is a construction manager with a large contracting business. He is very knowledgeable with regard to concrete construction and repair. If the vote ultimately goes for repair or reconstruction, and I know that this is his preference, he’s the person to have on the board. But I believe that if the vote ultimately goes for liquidation, he will do his best to make that happen in the best way for all the owners.
Michelle is an attorney, and was actually the manager at the Hawks Nest for a time in the 80’s. She is obviously familiar with the Hawks Nest, but in her legal career she practiced condominium law as well as participating in a number of faulty concrete cases. This gives her a good insight into the problems we face today.
So now we wait. We’ve become very good at that over the last 4 years. You can most likely expect to receive a number of phone calls, emails or snail mails from those who want to rebuild the Hawks Nest encouraging you to vote yes if you didn’t vote before, or to change your vote if you previously voted no. I have it on good authority that this being planned. I have spies.