Category Archives: Owners’ Forum

KAREN NORVAL

It is with a very heavy heart that I tell you that our very good friend, Karen Norval, long-time second generation Hawks Nest owner, and wife of Graham Norval, passed away Sunday, March 8, 2020 in Hamilton, Ontario Canada.

She succumbed after a relatively brief but valiant battle with cancer. Karen and Graham sold their weeks at the Hawks Nest a few years ago, but still maintained the many friendships they formed there over the years, and followed the news from the Hawks Nest, sad as it has been.

She will be missed not only by her family, but all of us that were privileged to know her and Graham.

For details on her obituary, click here. Condolences can be sent to Graham and her family at
11 Ravine Crescent
Townsend, ON N0A1S0

    CANADA

P.S. US Forever stamps do not work on mail to Canada. First Class postage for one ounce or less is $1.20.

RESPONSES FROM AND TO MIKE OOSTMEYER

After my letter to the board of February 13, Treasurer Mike Oostmeyer responded to me.

Below are his response, and my response to him.

Bob–

I am writing this to clarify some of the information contained in your email dated 1-29-2020.

While I agree that the Board has not formally responded to the questions in the “Document” dated 1-29-2020, I believe they have stated earlier that they would do so after we know the actual amount of the insurance settlement. I also believe some Board members have informally responded.

I believe that Keith Gilliver had a discussion with you covering the questions posed in the Document.

You and I had a conversation Monday, February 10, 2020, where I thought the questions had been
answered to your satisfaction.

You and I had a phone conversation Thursday, February 14th, 2020 about both your email and the Document.

I also spent some time with a group of concerned owners that Joe and Cathy Shipman brought together Wednesday, February 5th, 2020, in Marathon, where I distributed copies of the Document and then used it as my outline/notes to make sure I covered everything with them.

Further, I remain as I always have, available to any Hawks Nest owner(s) to discuss the
situation and status of where we are, and where I believe we are going in this process.

It might be helpful to make my cell phone number available to your group of owners. That
number is 231-349-7648.

Mike

——————————————————————————————-

Dear Mike,

First, I want to say that I’m grateful for all you have done and are doing for the Hawks Nest and the owners. I hate to think where we would be without your efforts. You are correct that both you and Keith have been in contact with me and we have had several discussions on the subject of what needs to be done at the Hawks Nest.

Respectfully, while you and Keith are board members, you are not the entire board, and don’t even constitute a quorum. The letter was written to the board and was signed by owners representing over 250 unit weeks. To my knowledge, the board has not responded to them, and apparently doesn’t intend to. All the owners, not just the ones who signed the letter, deserve answers to these questions just as soon as it is appropriate, so that we may make informed decisions as how to proceed.

We all know that there are certain questions that cannot be fully answered until we have a final settlement, and we understand that. We did ask a number of questions that can be answered however, and they should be addressed without delay, in writing, to everyone.

Unfortunately, it seems to me that several of the board members have not been active in the affairs of the Hawks Nest for quite some time, and I understand that there may be good reasons for that. However, the owners need and deserve a complete, fully engaged board, and I fear that this is not currently the case.

Best Regards,

Bob Hogg

SAD NEWS

Adam Clausen, Son of Hawks Nest owner, Kathy Clausen and grandson of original owner Van Adams, passed away Tuesday Morning. He was always a friendly young man, and was very helpful to us back when we were having the pig roast week 11. If you wish, you may send condolences to:

The Clausen Family
1807 N. Park Dr.
Mt. Prospect, IL 60056

Kathy has told me that in lieu of flowers, donations in Adam’s name to the Turtle Hospital in Marathon would be appreciated.

Lack of Response From the Board of Directors

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.

Best Regards,


Bob Hogg
bobhogg@gmail.com

Email and Letter to the Board

Below is the cover email and the letter sent to the board by James Dobbs, Charles Lea, myself and 104 other owners representing 239 weeks. The letter, which appears after the text of the email,is four pages long, but only one page is visible at a time. to go to the next page, hover your cursor above the bottom of the page and up and down arrows will appear. click the down arrow to go to the next page, and the up arrow to see the previous page.

Dear Board Members:

First of all, thank you for all of your hard work related to the aftermath of the damage to the Hawks Nest by Hurricane Irma.

Attached is a “Document” that was put together by Bob Hogg, Charles Lea and Jim Dobbs. The “document” has been approved by 104 unit owners for which we had contact information, representing 237 unit weeks. Those names are listed on the document. The purpose of the “Document” is to give you our opinion as to the procedures required pursuant to the Hawks Nest Declaration of Condominium, XIV Insurance Provisions and to request information that needs to be provided to all unit owners as soon as possible and at least 30 days prior to any meeting to decide the future of the Hawks Nest.

In addition to the requests made in the “Document”, we believe that copies of any and all insurance policies, contracts, agreements, appraisals, engineering reports and litigation pleadings be placed on the Hawks Nest website.

Please also provide 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. This is important as the owners weigh options. The Board has stated we would need a variance to be able to redevelop (rebuild) the building to its’ current five story height. What is the Board’s plan to obtain such a variance?

One more thing, ROGO (Rate of Growth Ordinance) is a Monroe County ordinance which limits growth (development and redevelopment) in the Keys. Are ROGO credits available to the Hawks Nest and if so, in what amounts if the property has to be redeveloped?

None of this is intended to be disrespectful of the Board. We would just like to know that we are all “on the same page” as we move forward at this very important time for the Hawks Nest. Communication and transparency are very important.

James B. Dobbs
Mobile: 614-361-2228
E-mail: jdobbslaw@yahoo.com

HN XIV Insurance Provisions final

SAD NEWS

I have been informed of the passing of long-time owner, Evangeline “Van” Adams, Mother of owner and former member of the Board of Directors, Kathy Adams Clausen, owner Dianne Adams McKenna and former owner Joanne Adams Stroud. Van’s 91st birthday was just a couple of weeks ago.

Condolences may be sent to:
N.H. Scott Funeral Home
1240 Waukegan Rd.
Glenview, IL 60025.

Van was a good friend of mine and Sue’s, and also of my parents, Ken and Flash Hogg. We have known Van for about 40 years. She will be missed.

Click Here for a link to Van’s obituary.

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.