Category Archives: Owners’ Forum

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

Week 51

Am I correct in my thinking that HN will not be ready for occupancy by week 51? I appreciate all the efforts that everyone concerned has expended on behalf of others. Best wishes to you all as we enter this holiday season.

HURRICANE UPDATES

Recently, I have received emails from numerous owners wondering what is going on down at the Hawks Nest, and that they had seen no Hurricane Updates from the board or management regarding progress on the reconstruction and repair of the property. I explained to each of them that the updates appear in their own section of the Hawks Nest website. For some, this was enough. Others, however, were not able to log in to the website, and said they were unable to get help to do so. In those cases, I told them they should contact the office for help.

Therefore, for those of you who can’t get on to the Hawks Nest website for whatever reason, you will be able to see the them here, the most recent one first. Some of the updates contained photographs, but they did not copy.

Obviously, you will see the official information soonest on the Hawks Nest site, but if for some reason that is unavailable to you, I have posted it here and will continue to do so in the future.

Bob


Hurricane Update 8/1/18

Bank Loan- We received the loan term sheet today from the bank. The terms will now be voted on by the entire board to able to move forward with repairs until we receive the insurance settlement. We also have a substantial amount of money in the reserves.

Construction- The electrician installed the new roof vents to replace the ones torn from the roof in Irma. He will also be starting the removal of the electrical components from the old fire pump (conduit, lines, etc.) next week. This needs to be done before the installation of the new fire pump.

Insurance– We had a conference call today with George Keys, a couple of board members, an adviser, and myself. It was a productive meeting and we were happy with the answers that we received from them. I will wait until the next update to expand on the insurance progress. There are things happening in the pipeline right now that just aren’t quite finished and I feel it is better to wait until it is completed to update everyone.

Maintenance Fees– As of August 1, 2018 we have collected 91% of this year’s maintenance fees.

Best regards,

Gary Rumberger-GM

Hurricane update – July 18, 2018

INSURANCE-

WIND – The Insurance Adjuster should be responding to our POL filing tomorrow (July 19th) as his 30 days are up.

FLOOD- Mark Earle from Keys Claims and the 2 flood insurance Attorneys were at the HN today to start preparation to file our additional monies flood claim. One of the attorneys had 14 years’ experience working for FEMA. They feel confident that will be able to recover the additional money owed to us from our flood insurance. This review resulted from a conference call Gary Tucker had with George Keys, Mark Earle, and one of the flood attorneys. Gary asked them many questions about the next steps and the cost. Gary Tucker also requested that Mike Oostmeyer and Gary Rumberger be copied on all correspondence between George Keys the insurance company and the attorneys. George Keys assured Gary Tucker that this would take place going forward.

BANK LOAN –

I spoke to Angela from Centennial Bank today and the loan is still with the “powers that be” waiting on approval.

BUDGET/FINANCIAL REPORTS-

June/Fiscal Year End Financial Reports are posted on the website.

As of July 1st (due date) we have received 86%+ of this year’s maintenance fees. Past due notices are in the mail.

REPAIRS-

The pool and spa have been cleared of the coral and assorted other debris. It looks like we may be able to salvage/repair the pool. The contractors that bid on the job can now return and have a clearer picture of the damage. The spa will probably be a full replacement. (Pictures at end of update)

Our Contracted Electrician will be on site Thursday and Friday working on the roof vents that were lost during the storm. We received the OK to replace them to prevent water from intruding into the building

As always, any questions or comments, call me.

Mike Oostmeyer

231 745 7870

Hurricane Update – July 1, 2018

INSURANCE – Our Wind Proof of Loss was filed with the Insurance Adjuster, and he has Acknowledged Receipt of the same. Gary Rumberger spoke to Mark Earle from Keys Claims this morning and the insurance company has 30 days to respond from the day on filing. Mark also stated that George Keys will be sending us a status report this week.

BANK LOAN – Instead of an answer we got another list of questions, that we have since answered.

BUDGET/FINANCIAL REPORTS – As of Friday June 29th we have received 70.6 % of the payments due.

The May Financial Reports have been Posted.

REPAIRS – Seawall- We have removed and back filled the boat dock area that was destroyed along the seawall. This week we will be removing the debris and coral from the Pool and Spa while the contractor is still at the campground. This will save us mobilization charges after he has returned to Key West.

ELECTRICIAN- We have entered in to a long-term contract with an electrical contractor that covers all the electrical projects throughout our many repair projects. This assured us of having a source when needed, and at a lower cost than arranging things for each project.

As always, if you have any questions feel free to call me. I’m not real busy right now as I have just had Hip Replacement Surgery and I am not going anywhere.

Mike Oostmeyer

231-745-7870

JUNE 18, 2018 UPDATE

INSURANCE – The Wind Proof of Loss has yet to be filed. We are up to the fourth update of the document since the first of the month. We keep finding and correcting minor discrepancies in the POL. Hopefully it will pass muster, and be filed today.

BANK LOAN- As of Friday it was in the hands of the Banks Underwriters. The Loan Officer said we should have an answer this week.

BUDGET- The updated Budget was approved and adopted, and is now posted on the Owners area of the Website.

REPAIRS- After much discussion the Board and a majority of owners at the meeting on Saturday, June 16th agreed that starting repairs could/would be detrimental to our ongoing insurance claim and (assumed) eventual Arbitration process. That said, we will not be starting the repairs July 1st.

As always, if you have questions call me – 231 745 7870

Mike Oostmeyer

JUNE 1ST, 2018 UPDATE

A number of owners have called me to ask when the HN will be open. We have a number of projects (18) that need to be completed for that to happen. Our time estimate for those projects is about six months from when we start, and we have yet to start, and at this time we still do not have the funds for the repairs.

The Bank has yet to give us an answer on our loan application, but we did supply them with the last documentation they needed earlier this week.

Our Insurance Company did send us their initial offer ($23,801.17) and a statement that the damages we have were pre-existing (before the hurricane) and therefore are not covered. That email is included below.

———————————————————————————————

From: Spears, Leon
Sent: Friday, May 11, 2018 3:57 PM
To: George Keys

Subject: Chubb Claim #KY17K2256826; Hawk’s Nest Condominium, Marathon, FL: VCI File #BOC17042940
Importance: High

George:

Please find attached the estimate prepared by Young & Associates for the repairs to the damages at Hawk’s Nest totaling $150,015.26. The current undisputed loss of $288,371.92 is derived after including the mitigation cost provided by your office of $138,356.66. A undisputed ACV claim of $23,801.17 is derived after subtracting the recommended depreciation of $11,667.10 and the applicable named storm deductible of $252,903.65.

We have prepared a proof of loss reflecting the pertinent information and a claim for the undisputed ACV claim amount. We are requesting that you provide the name or names of any mortgage holders, lien holders and/or additional loss payees applicable to the associations properties in the space by TITLE AND INTEREST marked with an “X” or write in “None” if there are no mortgage holders, lien holders and/or additional loss payees. Then, have the appropriate association representative sign the form before a notary, have the form notaries and return the form to our office. The signed form can be scanned and email to our office. Payment will be issued once the signed form has been received. Please provide mailing instructions where payment should be forwarded.

As you are aware, an inspection of the loss location was conducted with our engineer, Unified Investigation & Sciences on April 24, 2018. Unified is still in the process of completing their report. Once received, this information will be provided to the carrier for review. We will address this matter once the carrier has completed their review.

Please call if you have any questions.

Thank you,

M. Leon Spears, Jr.

———————————————————————————————

This means we will have to file suit to reach a court ordered settlement, which we are in the process of doing.

Other than that, the Phone System should be up and running by the end of next week.

Gary Tucker also has a Note under the Presidents Message and it is included following this update.

As always if you have questions, please call me.

Mike Oostmeyer

231-745-7870

PRESIDENT’S LETTER 5/31/18

This is to address the issues we are having with our insurance company and the procedures that will have to take place which up until now I didn’t totally understand (especially why we couldn’t start working on the building).

Mike Oostmeyer and I attended a teleconference call with George Keys and Mark Earle of Keys Claims (our public adjuster) to discuss the offer that was submitted to us by our insurance company which was $23,801.17 when our public adjuster is seeking about $5,800,000.00. The insurance company says the damages they saw were not related to the IRMA Hurricane. So as I understand, our next step is to file suit against them and start the arbitration procedures which will involve a third party such as a judge or someone of that stature. This person will only see what is presented to them in documents and will then have to decide what is true and fair. During this time the arbitrator might ask to come to the building and see the damages. If we have already repaired items that we are disclosing for loss, it could raise some questions that fall into a grey area. We have told our Public Adjuster that come July first we will be starting to look at moving forward with repairs even if it compromises part of our claim. We can no longer just sit back and wait. I have asked Mike Oostmeyer to add to this to his update as well as comments from our GM, Gary Rumberger. I expect to have a budget meeting within the next two weeks and we will be discussing what we plan to do next.

Gary Tucker – President BOD

MAY 18TH UPDATE

Treasurer Mike Oostmeyer received this email last night from our public adjuster. Board President Gary Tucker will sign and return it as soon as he receives it.

Hello Mike,

The flood proof of loss was submitted on 5/11/18. The amount of the proof is $318,765.06. The wind estimate and proof of loss will be sent to Gary tomorrow. As soon as we have it signed and return, we will be submitting it to the company. We know that the proof for wind is going to be over $5 million. The estimate has 3,142 entries and in our final review an error was identified. Not a major one but Mr. Keys wants this estimate exact.

Sincerely,

Mark Earle

For the Firm

Keys Claims Consultants, Inc.

———————————————————————————————

The Bank Loan- The bank is awaiting one document, the “insurance carriers adjustment”. We have yet to receive that from them. The filing of the Proof Of Loss should force the issue on this.

———————————————————————————————

We have received confirmation that the new phone system will be installed the Week of June 4th. I will add another post here when it is operational.

Any questions, give me a call.
Mike Oostmeyer
231-745-7870

MAY 1ST UPDATE

George Keys met with our Insurance Company Adjuster and Five Insurance Company Engineers at the Hawks Nest on Tuesday April 24th. Each Engineer covered one floor and reviewed the data we had filed in our 347-page POL (Proof of Loss) document we had filed with the Insurance Company on April 6th. After spending all day on site, they requested two weeks to review their findings at their office.
Those two weeks are up Tuesday May 8th. Hopefully we will get at least some sort of Settlement Offer, and a release so we can start work on the building.

Our Loan Application is still progressing through the bank hierarchy and is currently with the President and their Board of Directors.

If you have questions on any of these feel free to call me.

Mike Oostmeyer
231 745 7870
pudates from the board or management

FROM THE HAWKS NEST WEBSITE

Since many of you are unable to log in to the Hawks Nest website, I have copied and pasted verbatim the published minutes of the June 16th conference call board meeting. It’s refreshing to see the minutes so soon after the meeting. Small victories, I guess.

“The regular meeting of the Hawks Nest Board of Directors was held on Saturday June 16, 2018 10:00 A.M. In attendance by phone were Gary Tucker- President, Rosemary Smith-VP, Keith Gilliver-Secretary, Mike Oostmeyer-Treasurer, Marty Shapiro- Director, Gary Rumberger -GM, and Kate Chaffin – Office manager were in attendance at the Hawks Nest property. There were numerous owners who called in by phone for the meeting.

Board members approved the minutes from the last meeting May 13, 2018

Gary Tucker called this meeting to discuss with the board and the owners whether to move forward with the repairs beginning on July 8, 2018. Mr. Tucker brought up that we would have to go against the advice of our Public Adjuster George Keys and jeopardize receiving any monies from the insurance company to begin working on the building. After listening to the owners and board members opinions that called in and expressed their desire that we wait and let Keys Claims do what we hired them to do, the board voted unanimously to hold off beginning any repairs at this time. Mr. Tucker also stated that if the board were to move ahead without the insurance company’s approval (and lost the settlement) that the board could be held personally responsible for the financial loss.

Update on the Flood Proof of Loss (it was sent to insurance company over 30 days ago and we are still waiting for their answer). They now have 30 days left to respond. The Wind Proof of Loss has been modified and is being sent out to the insurance company.

The Treasurer reported that we are still waiting on approval of the bank loan. The new proposed budget was presented by Mike Oostmeyer. Because we will only expect to be operating for 6 months in the next fiscal year, Mike has moved an extra $112,000 into the reserves bringing that the total reserve contribution to $357,000 for 2018-2019. Mike feels at the beginning of the next fiscal year we should have $950,000.00 ear marked in the reserves for repairs. Gary Tucker made a motion to approve the proposed budget, it was approved and adopted.

Marty Shapiro had asked George Keys if it would be all right if we start on some repairs. The reply was that if we do any repairs to our building it would jeopardize the claim we have filed.

Open forum for questions from owners

The meeting adjourned 11:00 A.M.”

Board Meeting

For those of you who haven’t seen it on the Hawks Nest website, there will be a teleconference meeting tomorrow (6/16) morning at 10:00. Any owner is entitled to call in and listen to the proceedings and to participate in the owner input portion of the meeting.

If you would like to participate, the telephone number to join the conference call is 1-712-770-4010. You will be asked to enter a code so that you can be connected to the correct call. That code is 784197#.

I expect there to be an extensive discussion of the progress, or lack thereof, of the repairs to the building, commencement of work, and possible schedule for reopening.

Please call in if you can.

Building Update

For those of you who do not have access to the Hawks Nest website, here are the latest postings from Treasurer Mike Oostmeyer and President Gary Tucker regarding the progress (or lack thereof) of our dealings with the insurance companies and repairs to the building.

————————————–

JUNE 1ST, 2018 UPDATE

A number of owners have called me to ask when the HN will be open. We have a number of projects (18) that need to be completed for that to happen. Our time estimate for those projects is about six months from when we start, and we have yet to start, and at this time we still do not have the funds for the repairs.

The Bank has yet to give us an answer on our loan application, but we did supply them with the last documentation they needed earlier this week.

Our Insurance Company did send us their initial offer ($23,801.17) and a statement that the damages we have were pre-existing (before the hurricane) and therefore are not covered. That email is included below.

From: Spears, Leon
Sent: Friday, May 11, 2018 3:57 PM
To: George Keys

Subject: Chubb Claim #KY17K2256826; Hawk’s Nest Condominium, Marathon, FL: VCI File #BOC17042940
Importance: High

George:

Please find attached the estimate prepared by Young & Associates for the repairs to the damages at Hawk’s Nest totaling $150,015.26. The current undisputed loss of $288,371.92 is derived after including the mitigation cost provided by your office of $138,356.66. A undisputed ACV claim of $23,801.17 is derived after subtracting the recommended depreciation of $11,667.10 and the applicable named storm deductible of $252,903.65.

We have prepared a proof of loss reflecting the pertinent information and a claim for the undisputed ACV claim amount. We are requesting that you provide the name or names of any mortgage holders, lien holders and/or additional loss payees applicable to the associations properties in the space by TITLE AND INTEREST marked with an “X” or write in “None” if there are no mortgage holders, lien holders and/or additional loss payees. Then, have the appropriate association representative sign the form before a notary, have the form notaries and return the form to our office. The signed form can be scanned and email to our office. Payment will be issued once the signed form has been received. Please provide mailing instructions where payment should be forwarded.

As you are aware, an inspection of the loss location was conducted with our engineer, Unified Investigation & Sciences on April 24, 2018. Unified is still in the process of completing their report. Once received, this information will be provided to the carrier for review. We will address this matter once the carrier has completed their review.

Please call if you have any questions.

Thank you,

M. Leon Spears, Jr.

This means we will have to file suit to reach a court ordered settlement, which we are in the process of doing.

Other than that, the Phone System should be up and running by the end of next week.

Gary Tucker also has a Note under the Presidents Message and it is included following this update.

As always if you have questions, please call me.

Mike Oostmeyer

231-745-7870

—————————————-

PRESIDENT’S LETTER 5/31/18

This is to address the issues we are having with our insurance company and the procedures that will have to take place which up until now I didn’t totally understand (especially why we couldn’t start working on the building).

Mike Oostmeyer and I attended a teleconference call with George Keys and Mark Earle of Keys Claims (our public adjuster) to discuss the offer that was submitted to us by our insurance company which was $21,000.00 when our public adjuster is seeking about $5,800,000.00. The insurance company says the damages they saw were not related to the IRMA Hurricane. So as I understand, our next step is to file suit against them and start the arbitration procedures which will involve a third party such as a judge or someone of that stature. This person will only see what is presented to them in documents and will then have to decide what is true and fair. During this time the arbitrator might ask to come to the building and see the damages. If we have already repaired items that we are disclosing for loss, it could raise some questions that fall into a grey area. We have told our Public Adjuster that come July first we will be starting to look at moving forward with repairs even if it compromises part of our claim. We can no longer just sit back and wait. I have asked Mike Oostmeyer to add to this to his Hurricane update as well as comments from our GM, Gary Rumberger. I expect to have a budget meeting within the next two weeks and we will be discussing what we plan to do next.

Gary Tucker – President BOD

Request for legal opinion

I request that the Board of Directors engage either Florida condominium law firm Lobeck and Hanson or Becker and Poliakoff to give us a written legal opinion interpreting our Articles of Incorporation and Bylaws as to the requirements for amending those documents and whether the results of the recent votes met the requirements to amend those documents. This is necessary because the total of the “yes” votes on each of the amendments were less than a majority of the membership. In addition, the “yes” votes to amend the Articles of Incorporation were less than the required ¾ majority of the membership required because the Board of Directors were not unanimous in recommending the amendment. There is also the fact that there was never a Board of Directors meeting to vote on the amendments. It is clear that some owners are questioning the entire process and the interpretation the vote results. These are very significant actions and the HN should be absolutely certain that it is taking correct and legal actions.

Jim Dobbs