The Next Board Meeting will be held 08/21/2019 @ 5:30 PM @ The BPCA Conference Room

4726 Bay Point Road, Panama City, Florida 32408, United States

(850) 778-2786

Bay Point Harbour Villas, INC

Bay Point Harbour Villas, INC

Condominium Association

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🌀 HURRICANE Michael 🌀

🆕 Update and Project Information as of 08/08/2019

 

Dear Harbour Villas Owners,


 As many of you already know the entire project has been paused from not having a release of funding from the insurance carrier Frontline. In addition, a review of invoicing paid to Steadfast to date is underway and with seeking assistance by a 3rd party to consult.


 The attorneys working on the claim have received a response from Harbour Villas insurance carrier Frontline on the Civil Remedy Notice. Frontline contends they have not violated any Florida Statutes and denies any allegations of misconduct in their claims handling, investigation, evaluation or any other bad faith in the

claim handling/process of this claim. This is a typical response from an insurance company in response to a Civil Remedy Notice. More importantly, Frontline’s response is quite deficient in alleging any facts in support of their contentions that they are not in bad faith or any facts which contradict our factual assertion provided in the original Civil Remedy Notice.


 The association has been advised by the Cohen Law group that PJ Smith with Orbis Consulting who has advised he is nearing completion of his side of the appraisal process. So the appraisal process if going smoothly and efficiently on our side. PJ Smith will be continuing the appraisal with Frontline’s appraiser Buz Carrol. According to our appraiser, he should be in a position to issue his appraisal award to Buz Carrol for consideration.


 PJ Smith will be on site next week to conduct a final site visit to verify drywall measurements, collect the last data on the property and hopefully meet with Buz Carrol. Once he has same, he will be in a position to issue his proposed appraisal award to Buz Carrol, the appraiser for Frontline. Of note, PJ has created his own estimate based upon the initial estimate but included additional information regarding structural issues with buildings 9 and 10, HVAC issues, and electrical issues etc.  At this time, only two of the line items have been struck from our estimate of the damages (trash shoots and antimicrobial wipe downs).

 

One major point of contention is the replacement of the windows and glass doors on all buildings. This is an area in which both appraisers will need to discuss further. However, we already have our data showing the deflection and damages to the windows which has been provided to Frontline’s appraiser.


 As published before, all window units installed on the main parking lot side of the buildings will be allocated for. Windows not allocated for may be able to be claimed on individual HO6 Policies. A list of units that will not have glass windows and doors replaced will be provided below.


Those unit owners with upgraded windows will have 2 options:


  1. File a claim for windows on the condo owner's personal HO6 policy. (Recommended)
  2. Pay for installation of windows out of pocket.


*The units with windows that will NOT be allocated for replacement by the associations windstorm policy are listed here:

(4101,4102,4201,4105,4206,4211,4112,4113,4114,4115,4116,4118,4119,4120,4221,4123,4125,
4130, 4131, 4232, 4143, 4144, 4243, 4244, 4148, 4149)


*This list is based on current information from the appraisal still in process and may be subject to change.


 Moving forward, both appraisers will be getting together to hash out any further

disagreements and should they not be able to come to an agreement, then this

appraisal would need to go to an umpire as to the issues they could not come to

an agreement too. PJ has been provided or obtained all the information he needs

to come to an appraisal award, however, we are also going to be awaiting on

Frontline’s appraiser, Buz Carroll to move this appraisal forward.


 Basically, the project is a waiting game now. Having said that, The challenges this

entire process has has been all consuming to deal with, especially in the area of

funding. Every day the best is being done to protect Harbour Villas owners from

the very likely possibility of exorbitant assessments in the wake of the one of the

worst disasters in United States history, the battles we face in Bay Point are

seemingly overwhelming. Just a few volunteers give up countless hours of their

time and money and have to carry the burden for so many.


Garbage & Debris:

 If unit owners need to dispose of debris and construction related mater, please do utilize the dumpsters located in the parking lot. Unfortunately, there had been many complaints due to select units leaving construction debris in the walkways and sidewalk areas. The Association does appreciate the efforts of individual owners and we understand that this will happen during the reconstruction process. Please be aware that you have neighbors and be respectful of the common areas.


 Also, the blue receptacles under the stairs are to be used for household garbage only. Nor should construction debris be left to be picked up in these areas. Please use the dumpsters for construction debris that is what they are there for!


 Again, please do keep in mind that all reconstruction, the pace, and logistics are all based on the funding of the project. The association and its contractors are doing their best to keep the project moving forward with a fraction of the necessary funds. This is going to be a long and arduous battle to complete this project. To all those involved thank you for your continued patience during the reconstruction of our community. Hurricane Michael caused mass destruction throughout our ENTIRE community, however WE WILL RECOVER #850STRONG! Please remember that ALL of your neighbours and board members are also sharing the burden of this experience with you. Everyone knows how contagious and powerful a positive or negative attitude can be. This emotion and its reactions can and will reflect in the progress of the rehabilitation of our community, so regardless of opinion, remember that we ALL ultimately have the same objective.


 IF you are one of the units that still require remediation and have personal belongings or are inhabiting your unit. PLEASE remember to sign, scan, and return the release forms which can be found and downloaded from the lower portion of this update as well as on the "Contact Us" page.


 In addition, please download and read the 🌀 Hurricane Recovery Study 🔗 This is a statistical study all the hurricanes since Katrina and expected recovery based on similar storms of strength and magnitude could be anywhere from 14-20 months.


 All comments and questions please email info@harbourvillasonline.com. You may also contact or CC the project manager with any questions or concerns related to something specific to your unit and ALWAYS include your last name, building and unit number in the subject line (this is vital to our ability to properly file and respond accordingly)


Sincerely,

 Bay Point Harbour Villas, INC

 Board of Directors


PLEASE NOTE: Owners please use a consistent email for communications. Select owners have changed their emails as many as 6 times since the storm. This creates a huge organizational issue with the hundreds of contacts comprised of Owners, Tenants, Insurance Adjusters, Registered Real Estate Agents, Rental Managers, Etc. Some units have as many as 10 separate email contacts per unit. Whichever email you have been using, please do try to keep it. If you need to update your email address or contact information, please forward it to: info@harbourvillasonline.com


CC: Lynn Briley, CAM

CC: The Steadfast Recovery & Development Team


*Due to the high volume of emails being received we have a automated indexing system in place. PLEASE REMEMBER to always include your name, unit number and building number in the subject line of you Email. Otherwise, your message could be miscatogrized and indexed incorrectly.


Harbour Villas Association Communication

Contact Info:

info@harbourvillasonline.com


Steadfast Development Project Rehabilitation

& Coordination Contact Info:

harbourvillas@steadfastdev.com


* Please continue to check this website frequently for any updated material related to 

The 🌀 Hurricane Michael Repair Project.

www.HarbourVillasOnline.com

*please note that all information provided on this website by the BOD and CAM is deemed reliable, but is not guaranteed.

Official Florida Statutes Legislature Information

Florida Statutes Real and Personal Property Chapter 718 Condominiums  🔗 

Chapter 718.1265 - Association Emergency Powers.  (1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of s. 617.0830, the board of administration, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the condominium is located, may, but is not required to, exercise the following powers:  (a) Conduct board meetings and membership meetings with notice given as is practicable. Such notice may be given in any practicable manner, including publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium property or any other means the board deems reasonable under the circumstances. Notice of board decisions may be communicated as provided in this paragraph.  (b) Cancel and reschedule any association meeting.  (c) Name as assistant officers persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.  (d) Relocate the association’s principal office or designate alternative principal offices.  (e) Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.  (f) Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners.  (g) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the condominium property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.  (h) Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal.  (i) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the condominium property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.  (j) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.  (k) Contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116 to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.  (l) Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.  (m) Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions as are contained in the declaration of condominium, articles, or bylaws of the association.  (2) The special powers authorized under subsection (1) shall be limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the unit owners and the unit owners’ family members, tpowersenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs. History.—s. 15, ch.