Author Archives: charles lea

NO PROGRESS

Most of you by now should have received your 3/18/19 Hurricane Update. It is posted on the Hawks Nest website for those that can access it. Unfortunately it reflects no progress in key areas. Our legal action on the wind claim has been postponed AGAIN. Contracts have been awarded to Board members for work, permits are not issued for work, etc. etc. etc.

On that website, one of the owners felt that our GM, Gary Rumberger was not doing his job. Here is my response in support of Mr. Rumberger’s actions:

“Dear Owner, The Board, primarily the President, is making ALL of these decisions and directs Gary Rumberger what to do.  Gary R. is NOT driving this train.  He is doing what he is told to do.  Calls of disgust should  be going to the Board.  It might help if more would call.

I, and I think ALL owners, share your sense of frustration.  No, it is beyond frustration, it is disgust with this lack of progress.  The management of this natural disaster has been terrible.  Permits that should have been issued weeks ago, a fire pump that has taken almost two years to install, no bid contracts awarded to Board members, no communication with owners, secret negotiations, no timeline plans for legal actions on the wind claim, changing claims consultants on a flood claim that will now be over two years just to have a court date, no decisions from our banks, etc. etc…  The list goes on and on and on.

Get ready owners to miss your third year without use of your unit, yet have your third assessment made.”

From the last Board meeting minutes, it appears that the current President will be writing all owners suggesting that we keep the same Board for another two years and/or not hold an election. An election is required by law and by our By-Laws.  This Board cannot legally cancel the election.  This Board should be replaced in this next election.  Regarding continuity, like all prior Boards they will hopefully assist in the transition for a new Board. We don’t need another two years of this leadership or lack thereof in my view.

Written Recovery Plan & Use of our Retained Counsel

I wanted to share a couple of recent posts that I made to the Hawks Nest Owners Forum on HawksNest-Marathon.com

Post Number 1 – Like all others, I appreciate the very difficult job the Board is faced with and appreciate their efforts in this difficult situation. Having said that, do we have an overall written recovery plan in place? There have been numerous meetings held with engineers, contractors, etc. Has anyone put these into an overall timeline and action plan. If the insurance company wrote us a check tomorrow where would we start and how long would it take for all elements of the Hawks Nest to be restored? While we may not want to share the information on costs (due to insurance payment concerns), is there a problem sharing timelines, proposed vendors etc. with the owners? As we all plan our year around our weeks at the Hawks Nest, this information would be very valuable to all of us.

One last area that I think the owners would like to know about is the seawall. We have no insurance on the seawall and a minuscule reserve. Can the Board tell us what the engineers have reported on damage to the seawall (including boat dock, fishing piers, etc.) on repairing the seawall, estimates of that cost and the Board’s thoughts on how this expense would be funded? Again, given we have no insurance I would think there wouldn’t be a problem with the owners having this information.

Charles & Faye Lea (35, 36 & 37)

Post Number 2 – In this post I suggested that it is time to get our law firm, Lobeck & Hanson (www.lobeckhanson.com) involved to advise us of our legal rights under our insurance contract and under Florida law. While George Keys may have been an excellent resource for us in the past, I have been very unimpressed with his performance to date on our current catastrophic insurance claim.