Due their lack of response to our letter, the following was sent to the board on February 13:
Dear Board Members:
The email below was sent to you on January 29, 2020. To date, the 109 owners representing 254 unit weeks have not received answers to any of the questions/issues raised in the “Document”.
The answers to 1, 2, 10 and 11 of the “Document” should be readily available for you to answer immediately.
Answers to 4-9 of the “Document” will require the opinion qualified legal counsel. Have you requested that opinion? If not, when do you intend to do so?
You also have not provided any estimate of costs to reconstruct a five-story building and the source of said estimate, assuming that we would be allowed to rebuild such. Do you have such an estimate? When do you intend to get one? If not, why not?
Reconstruction/redevelopment of a new five story building apparently would require the Hawks Nest to obtain a variance from code. What is the Board’s plan to obtain such a variance?
Have you determined whether ROGO credits are available to the Hawks Nest and if so, in what amounts if the property has to be redeveloped? If not, when do you intend to determine the amount? If not, why not?
These are some issues that need be answered:
1. Has the Board determined that “Very Substantial” damage has occurred? If so, on what date?
2. Have “reliable and detailed estimates of the cost of repair and restoration” by a qualified expert been obtained? If not, it should immediately be obtained. Before any meeting is called to vote on how we proceed, the Owners must receive that information. We ask that this be provided to all owners immediately at the conclusion of the arbitration process and settlement.
3. Before any such meeting the Owners will need to know the final net amount of insurance that we have to use for “repair and restoration”. We ask that this be provided to all owners immediately at the conclusion of the arbitration process and settlement
4. Will we need a quorum for any such meeting? If so, what will constitute a quorum?
5. Will the majorities required in i. and ii. above be based upon the total number unit owner votes cast or upon the total number of units (i.e. 1456)
6. How will the unit weeks that are owned by the Association be treated in any such vote?
7. Will the votes essentially be treated as in an election?
8. How, when and where will votes be counted? Written procedures must be developed and a document explaining the ballots should be developed and provided to the owners as a part of the voting process?.
9. Items 4, 5, 6, 7 and 8, should be answered by a qualified Florida licensed timeshare condominium attorney. The law firm of Lobeck and Hanson in Sarasota, Florida is so qualified and is still legal counsel for the Hawks Nest based upon a Retainer Agreement entered into in December 2016. The Owners should receive the written answers to these questions on the law firm’s letterhead prior to the meeting and prior to voting. We would further ask that the law firm develop a written document listing ALL required timelines and considerations owners should be aware of 30 days prior to voting so as to be fully informed on the consequences of their votes.
10. What is the current balance of the Hawks Nest cash on hand?
11. The Owners will also need to know the amount of ongoing expenses that the Hawks Nest is required to pay going forward, thus reducing our cash on hand.
12. Immediately upon conclusion of the arbitration ruling, please provide a detailed report on the conclusions of said conference.
13. We also ask that the following be provided to all owners immediately at the conclusion of the arbitration process and settlement and a copy posted to the Hawks Nest website:
a. A copy of the wind claim as filed by Keys Consulting.
b. A copy of the contract between Keys Consulting and the Hawks Nest.
c. All property appraisals (pre and post storm values) obtained by the Hawks Nest.
d. Engineering report provide by ACG Engineering.
e. Any estimate of costs to reconstruct a five-story building and the source of said estimate, assuming that we would be allowed to rebuild such.
14. Once the course of action has been determined, we would request that the Board publish the expected steps and a timeline for said activities to conclude the activities related to Hurricane Irma.
This is the most significant event in the life of the Hawks Nest and the owners listed below, on behalf of all owners, request that the Board of Directors take immediate steps to provide information, as requested, to all owners to aid in their decision making on this critical time.