Category Archives: Owners’ Forum

In Case You Haven’t Heard…

For those of you who haven’t heard the latest, the board has decided to NOT bill us for maintenance this year. They’re hoping that we will get a settlement from the insurance companies this fall (I’m not holding my breath), which will allow us to start to actually make some progress on the repairs. I don’t think there’s any doubt that a special assessment will be required to finish things, but if we can actually see some work being done, we may feel a little better about throwing more money at the Hawks Nest.

Time will tell…

NEW LEADERSHIP NEEDED

Like all owners, I have an opinion on our current situation at the Hawks Nest and have frequently used this forum to ask questions and express that opinion. In my view, the Board leadership we have had for the last (roughly) 20 months has been poor. Mike Oostmeyer has been an exception to that. From lack of meetings, lack of information, virtually nothing getting accomplished in that period I feel that new leadership is needed and I hope that others run for the seats. We need some new blood. With Mike on the Board we will have adequate information to provide for continuity. Gary said when he was recommending Lew that he (Gary) would help regardless. Give Gary some sort of small monthly retainer for the four to six month period to complete the construction job. He is not qualified to be our general contractor. Had we engaged a general contractor from day one we would be far ahead of where we are now. The Board was correct to rescind the contracts previously awarded to Tucker Construction. They never should have been approved in the first place. Accomplishments during the last 20 months – lighting in the parking lot and a fire pump which was already in selection and vendor discussions before this Board took office almost two years ago. No question it has been a trying and very difficult period for the Hawks Nest and this volunteer Board. Our biggest challenges now are leadership and finances and I believe Mike O can better lead the Board in those endeavors. Again, hopefully others will run for the Board. I will not but I will be happy to assist the new Board in any way they might request. We need new leadership.

– 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.

Elizabeth “Betty” Oland

Sad News: I received word the other day that Elizabeth “Betty” Oland, one of the Hawks Nest’s original owners, mother of former owner Jennifer Paterson, and grandmother of current 3rd generation owner Amy McKay, has died.

Betty and her husband Don, were close friends with my parents, and I’m sure they are remembered fondly by many long-time owners.

The last time we saw Betty was in 2002 when we brought my mother down to the Hawks Nest one last time for her 85th birthday.

Betty’s obituary can be found Here

For those who wish, condolences may be sent to the family in care of Betty’s daughter Jennifer at the following address:

Jennifer Paterson
54 Prince St
P.P. Box 181
Chester, Nova Scotia B0J 1J0
CANADA

A COUPLE OF UPDATES

HURRICANE UPDATE 1/1/2019

WIND CLAIM- Board president Gary Tucker will be coming to the Hawks Nest on January 6, 2019 to meet with the contractors and about the main spalling issues. He also has meetings scheduled with the engineer and the electrician. The lawyers are trying to schedule the mediation during the time that Gary will be at the Hawks Nest. They have already scheduled it twice and both times it was canceled because one of the attorneys couldn’t make it. I have had no contact with them over the holidays and expect to have an update on the new mediation date soon.

FIRE PUMP- The work on the fire pump will continue beginning tomorrow January 3, 2019 after a break by the contractors for the holidays. The waterline was completed up to the building where it will be installed. They are also installing the electric conduit for the parking lights in the same ditch while it is open.

I hope everyone had a safe and happy holiday. I am sure I will have much more information for the next update now that holidays have ended.

Best regards,

Gary Rumberger

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HURRICANE UPDATE 1-18-19

PRESIDENT’S MESSAGE
As posted earlier, I did make it down to the Hawks Nest Jan.6th 2019. Gary and I spent the week meeting with contractors and talking to our engineer about a couple of ideas the contractors have suggested about the type of repairs they felt would work for us. Gary Rumberger and I met with two contractors about the pool and spa and we asked that they do some pressure testing of the PVC lines that are the drain and filtering systems. We felt this would be a help for them to evaluate the true repair cost. We also met with 3 contractors who looked at the structural needs and also met with one contractor regarding the spalling issues. I also traveled to Naples and met with two contractors that are in the railing, fence, and screen room business. I’m hoping to get bids from them in the near future. I’ll be sending them the pictures and quantities of what we need. We are awaiting the estimates from them so I can go to the board with the estimates for approval. If they are approved, we will start work on the building the last week of February. We still have limited monies to work with until the bank loan comes though or we settle with the insurance company. I am going to the Insurance mediation on February 15th, 2019. All in all I feel it was a very productive week.
Gary Tucker

Wind claim- The mediation date has finally been set and is scheduled for February 15th. Just a reminder that this is non-binding and the offer can be refused if the board feels it is not a fair offer. There is already a court date scheduled for March 24th if this is the way it turns out. We are certainly hoping it can be resolved at the mediation and not have to go that route.

Flood claim- The flood attorney has requested that the insurance company come back for another inspection. We told them we are beginning the work and that their time is up. He stated that it is alright to begin the work and asked if we could start on the upper floors first. The plan was to begin on the top and work our way down, so that will not be an issue.

Bank loan- The bank required that we resend all the information that we already submitted last year (outdated). That has been completed and it has gone back up the chain to the executive loan committee. Treasurer Mike Oostmeyer said he expects an answer in the next few days.

Fire pump- The installation continues with the new fire pump. The lines have been completed from the new building back to main building. Both lines were inspected by the fire marshal today and passed. They are also installing the new lines under the building that will connect to the existing fire system. The building that houses the pump is under roof and awaiting inspection to put the metal roof and louvers on. The building will then have the stucco installed and the building painted.
The electrician has removed all the pole bases and snapped off poles to get ready to install the new parking light fixtures. He is also running his conduit in the ditches while they are open for the fire pump.

DEC. 1 UPDATE FROM PRESIDENT GARY TUCKER

MESSAGE FROM THE PRESIDENT: 12/1/18

I plan on going to the Hawks Nest the second week in Jan. 2019 to take care of some business listed below:

1. I will be meeting with the General Contractor that has agreed to submit bids specs, drawings, and anything else needed to get the permits for the different jobs. He will be working with Gary Rumberger, the contractors we hire, and myself. The meeting is to confirm his role and get his fees in writing. This will then be reviewed by the board for approval.

2. I have Gary R. setting up some meetings with contractors to review the final engineers report, provide a scope of work for structural concrete repairs, and get price quotes for board review.

3. I will be meeting with the engineer on other issues pertaining to the building repairs. I will be letting him know some of the boards concerns and get his input on those issues.

4. I will be visiting the bank (in complete contact with Mike Oostmeyer) and try to finalize the bank loan.

5. I’m going to try to hold a board meeting December 19th or 20th. The date will depend on availability of board members. The purpose of the meeting will be to discuss the contracts that we have gathered information and bids on and get some of those approved, so we will be ready to start work.

6. The attorneys for Westchester have agreed to mediation and we gave them until the end of December 2018 to make any final inspections needed. They have asked for one more inspection by an independent adjuster and other representatives they feel necessary. I’m going to insist this takes place before the board meeting (Dec.19th or 20th.) If the mediation doesn’t work out, I’m going to insist that they give us a written release on the building, so we can start working on items that don’t have any effect on the outcome of the lawsuit.

7. By the first of the year you will receive a letter from the board talking about our options to install all new kitchens. This is going to be our only chance to make this happen but I believe to do so we are going to have to have a special assessment. The details, cost and what we feel that special assessment will be, will be explained and all owners will vote on this. Even if this is agreed upon, this will not take place until we are assured that the work has begun on putting the building back together and we have the financing needed to get the Hawks Nest Owners back in the building.

8. If the mediation doesn’t go well, we have confirmed we are on the judges’ docket for a hearing. We will know the date soon.

There is much more I will be working on while I’m there and will update everyone on those items as they take place.

ONE LAST THING I CAN’T COME CLOSE TO EXPRESSING MY GRATITUDE, APPRECIATION OR FEELINGS TO EVERYONE FOR THE MANY, MANY E-MAILS, PHONE CALLS, LETTERS AND CARDS I HAVE RECEIVED OVER THE LOSS MY WIFE (DARLENE). She and I talked about the Hawks Nest and she knew that she wouldn’t get to visit again, but I made her a promise that I would do all in my powers to get The Hawks Nest back on its feet, so her daughters and grandchildren will be able to enjoy it and the memories we all shared there. I know we can do this but, the board, the owners, and myself will have to keep doing what we must to make this happen. Most all of you have supported me in the past and I need this support and trust now more than ever.

Forever grateful,
Gary Tucker

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HURRICANE UPDATE 12-1-18
Fire Pump- The construction continues on the fire pump building. The pillars have been poured and the forms and rebar for the beams and building floor have been completed. That area will be poured with concrete on Monday 12/3. The fire pump/ generator itself arrived on 11/21 as promised. The size of it was definitely a surprise to me.(see pic above). The contractor has determined it will be easier to set the pump in place and build the walls and roof around it. This will take place after the proper cure time of the concrete beams and floor. The weight of the unit is 6,000 pounds and may only be lifted at certain areas which will not allow him to build the three walls and slide it in the end of the building as was the original plan.

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SAD NEWS AND UPDATE

Gary Rumberger entered these posts on the Hawks Nest website:

Sad News:

Darlene Tucker, long time owner and the wife of Gary Tucker, your current President, lost her 3 year long battle with cancer yesterday afternoon (Friday, Nov. 16th at 3 pm). She was being cared for by her family and friends at home when she passed. Those that knew her knew how much she enjoyed all the friends that she made at The Hawks Nest. She cherished the time she spent with her daughters and grandchildren when they would show up at the Hawks Nest for a visit. Even though it took time away from their vacation when they were down at the Hawks Nest, she pushed Gary to do what he committed to do in taking care of Hawks Nest business without a complaint. She will be truly missed.

HURRICANE UPDATE 11/18/2018
Fire Pump-The new waterline has been installed from down the street to the Hawks Nest property. The line needed to be sanitized and pressure tested by the aqueduct authority which has been going on all last week. The contractor has been given the ok by the water authority to continue with the line starting tomorrow November 19th. They have also installed a new fire hydrant on the Hawks Nest property which was included in the contract for the fire pump.
The construction of the building that will house the fire pump has begun and they are ready to pour the pillars after the inspection from the city of Marathon. The next step after that is to pour the beams and deck that will be the floor of the building. I will update you as the progress continues. I have included some pictures of the construction.

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WIND CLAIM – The board of directors has chosen to go to mediation and see what Westchester Insurance offers. This would be the quickest option that is available as laid out by the attorneys. This mediation would be non-binding and if the board doesn’t like the offer, they will be able to reject it. If they reject the offer, then the board has decided to force the default judgement the judge has already awarded us, and Westchester is trying to have overturned. The attorney estimates that this option would take 3-6 months. The board would then use the money from the reserves and the loan that Mike Oostmeyer is working on to pay for the construction until the case works its way through the courts.

DONALD PATERSON

I’m sorry to report that former Hawks Nest Owner Don Paterson, has passed away. Don’s wife, Jennifer is the daughter of original owners Don & Betty Oland, and Don & Jennifer are the parents of current 3rd generation owner, Amy (David) McKay.

Sue and I have known Don and Jennifer for more than 20 years, and now Amy, David and their children. Don was a man of many talents and interests, and he will be missed around the pool at the Hawks Nest.

Don’s obituary can be found Here.

For those who so desire, condolences may be sent to Jennifer Paterson at:

54 Prince St
P.O. Box 181
Chester, Nova Scotia
B0J 1J0 CANADA

Two More Hurricane Damage Updates

HURRICANE UPDATE 10/18/2018

Fire Pump- I had the final meeting with FKAA (Water Company) and Gary’s plumbing at the Hawks Nest on Tuesday October 16, 2018. The FKAA insisted that the last permit not be handed over until they came to see the job site in person and not just on drawings. They gave us the final permit and the fire pump installation will begin on Wednesday, October 24, 2018. All other permits had been previously approved by the City of Marathon and the EPA.

Flood Claim– I reached out to our flood attorney to find out what was the response of Wright Flood to the filing of the proof of loss due on October 10th. This was his response

1.Wright Flood rejected the POL this week (just as we know they would).

2. FEMA will not let our contacts (their National Counsel) get involved until we file suit, so we’ll get that done early next week.

3. At that point, we will engage with their lawyers to get the case moving.

Wind Claim-I am going to recap the legal filings and then move on to what has happened since the last update. I think with all the filings, this will make it easier to follow.

August 3, 2018- Our attorney filed a Petition to Compel appraisal. Winchester Insurance was served with the Petition to Compel Appraisal on August 21, 2018. Defendant Westchester has not appeared, defended this action, or served or filed any document as required by law, although the time to do so expired on Tuesday, September 11, 2018.

September 12, 2018-Our attorney filed an Amended motion for Clerks entry of default.

September 13, 2018- A Clerks default was entered.

October 2, 2018- The attorney filed for the entry of a Default Judgement.

October 11, 2018-The Judge issued his order.

October 17, 2018- Our attorney received the order last night. I had scheduled a call with our attorney for today, but it was postponed until tomorrow after they speak to the attorney for Westchester that suddenly appeared. My take on the order is that Westchester Insurance has 20 days from October 11th to find an appraiser. Once they find an appraiser, they have 10 days to agree on an umpire with George Keys. If they can’t agree on one, then the judge will appoint one. The appraisal will then finally take place. I am not an attorney, so I am posting the judge’s order as it reads.

Here is the Judge’s order:
1.IT IS HEREBY ORDERED AND ADJUDGED as follows: 1.This Court has jurisdiction over the Plaintiff and Westchester in this matter;

This Court has jurisdiction over the subject matter at issue in the Petition, and the instant dispute otherwise satisfies the requirements of proper venue under Florida law;
1.At all times relevant hereto, the Policy was in full force and effect with respect to those physical losses arising from and/or as a result of the Loss;
2.Those physical losses to the Insured Premises as a result of the Loss, as more particularly described in the Petition, constitute a fully covered loss(es) under the Policy (subject only to the Policy’s stated and applicable Deductible);
3.By virtue of the terms and provisions of the Policy and Westchester’s failure to appear and file any papers in this matter, those Physical Losses to the Insured Premises as a result of the Loss, and as more particularly described in the Petition, are not otherwise excluded from that coverage afforded under the Policy;
4.The Plaintiff has complied with all conditions precedent and/or subsequent imposed by the Policy for this covered loss(es), including, but not limited to, the Plaintiff’s invocation of the Policy’s Appraisal Clause;
5.The Plaintiff has properly invoked its right to appraisal proceedings in accordance with the Policy’s Appraisal Clause, which states in relevant part:
6.Appraisal

If we and you disagree on the value of the property or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will:

1.Pay its chosen appraiser; and
2.Bear the other expenses of the appraisal and umpire equally.. .

1.For purposes of setting the stated Amount of Loss in this matter, the Parties are hereby directed to binding Appraisal Proceedings; 1.This Court affirms the Plaintiff’s designation of George W. Keys of Keys Claims Consultants, Inc. as its appointed “competent and impartial” Appraiser in this matter;

2.Westchester is hereby directed to appoint its designated Appraiser in this matter within twenty (20) days from the entry of this Court’s Order;
3.The Parties are hereby ordered to require that their respective appraisers then select an Umpire for the ensuing Appraisal Proceedings within ten (10) days of Westchester’s designation of its appraiser in this matter; if the Parties’ appraisers are unable to agree upon an Umpire, the Court shall appoint an Umpire upon notification that the Parties’ appraisers are unable to agree upon an Umpire; 1.The Parties’ Appraisal Panel shall then enjoy that jurisdiction to conduct and conclude the Appraisal Proceedings with respect to those claims at issue in the Loss, including, without limitation, the Plaintiff’s right to pursue all claims for all benefits due under the Policy’s various coverages implicated by the Loss;

4.This Court shall retain its jurisdiction to confirm the Appraisal Award setting the stated Amount of the Loss and/or otherwise adjudicate the Parties’ rights and responsibilities under the Policy subsequent to the issuance of said Appraisal Award (if necessary);
5.This Court shall retain its jurisdiction to award the Plaintiff its reasonable attorney’s fees, legal assistant fees, and costs incurred in the prosecution of this action, as authorized under Florida law and/or pursuant to §§626.9373, 627.428,

57.104 and/or 57.041 FLA. STAT.; and

1.This Court shall further retain its jurisdiction for the entry of an award of any other consequential damages to which the Plaintiff may be entitled as a result of the Insurance Claim, including, without limitation, such other and further relief as this Court deems just and appropriate.

DONE and ORDERED at Monroe County, Florida, on October 11, 2018

MARK H JONES

Mark H. Jones Circuit Court Judge

HURRICANE UPDATE 10/1/2018

FLOOD CLAIM- A question from an owner about the flood claim was; Would you also please update us on the flood claim and clarify some information. According to prior reports George Keys filed a flood claim for a little more than $300,000 several months ago. Now it seems we have filed another claim thru an attorney that is roughly four times the size of the claim that Keys filed? What percentage are we paying this attorney? Are we also paying Keys in addition to the attorney? How does all of this impact the timing to start work versus the wind claim?

This attorney will be paid 25% of the recovery of any amount over $138,000 (The money we already received from FEMA) Mr. Keys will still be paid his 10% on the amount above the$138,000. It will be in addition to the 25% that the attorney will receive.

The attorney told me in the unlikely event that Wright Flood doesn’t re-inspect by the time the building is released for repairs on the wind claim, we would be able to start at the top of the building and work our way down since none of the flood damage is up high. That is what the plan is when the building is released anyway. He has asked the attorneys for Wright Insurance to move forward with their re-inspections as soon as reasonably possible in order to move forward with wind repairs.

Wright Flood has until October 10th to respond to the latest Proof of Loss filed on September 10th.

WIND CLAIM- The clerk has issued the default on the Motion for Clerks Entry of Default filed on September 11, 2018. The attorney has sent the default (per the service requirement) to Westchester Insurance. Meanwhile, they are in the process of getting the Motion for Default Judgment filed. Their paralegal is following up with the Judicial Assistant as to whether this will require a hearing or just a proposed order on the same. Once they hear back from the Judicial Assistant, I will let you know on the Hurricane Update and forum section of the website.

FIRE PUMP-The materials for the installation of the fire pump and the extension of the 6 inch water line have been delivered to the property. The only piece that still needs to be delivered is the fire pump itself. The fire pump is finished and is awaiting shipment. All permits have been issued including the one for the building that will house the fire pump that needed a revision from the City of Marathon. On Friday I delivered the notice of commencement to the contractor (Barracuda Builders) who will be building the pump structure. I will be attending a pre-construction meeting with the contractor (Gary’s Plumbing) and the Florida Keys Aqueduct Authority to pick up that permit as soon as they agree on a time for scheduling the meeting. The contractor told me that after that meeting happens, they will be starting immediately.

Best regards,

Gary Rumberger