The Next Board Meeting will be held 09/19/2019 @ 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 09/10/2019

Dear Harbour Villas Owners,


 Over the past few weeks, several developments have occurred concerning the Harbour

Villas Hurricane Michael recovery. As you are aware, there currently is no construction

work on our property due to a lack of funds due to no payment from Frontline, our

insurance company.


 As mentioned in detail on the early August update, the appraisal process is ongoing; no

report has been issued at this time.


 One major point of contention is the replacement of the windows and glass doors on all

buildings. As published before, funding for all window units installed on the main parking

lot side of the buildings will be allocated. The Association is waiting for the appraisal

report to determine additional window replacement and this is an area that both

appraisers will need to discuss further. Until funds are received from our insurance

company, no window replacement can be funded. As mentioned before this appraisal

process may take 3-5 months.


 As discussed at several BOD meetings, we have concerns about the quality of work

performed by Steadfast Development, the invoices received from that company, and the

lack of overall progress to date. Furthermore the Harbour Villas Association and

Steadfast Development have an Assignment of Benefits [AOB] contract and for the

reasons stated above, the board has also expressed interest in terminating that

agreement.


 The BOD contacted Bill Sundberg, our attorney, with our concerns and asked for advice

about steps to take. Mr Sundberg informed us that he could not represent Harbour

Villas due to a conflict of interest because of his agreement with the Cohen Law Group,

represented by Sean Schulz, and Steadfast Development in establishing the AOB and

working with them to obtain monies from Frontline Insurance.


 At this point and upon board direction, Lynn Briley investigated possible attorneys who

specialize in construction litigation. The process of interviewing attorneys was a long,

tenuous process lasting for several weeks. The board had conferences with several

firms before settling with Tom Neal of the DSK Law Group to handle the Case.


 On Wednesday, August 21st the Harbour Villas Board entered into an agreement with

the DSK Law Group of Orlando Florida with a unanimous vote. This agreement is to

investigate improprieties on the part of Steadfast Development in the handling of the

reconstruction of Harbour Villas. It was discovered that Steadfast Development had not

permitted portions of our job in accordance with Bay County building codes as well as

concerns with invoicing work to date. The board hired a third-party contractor with

direction of counsel to substantiate the boards concerns.


 "Since the appraisal is still underway there has not been any award of insurance

funding to either the Harbour Villas or Steadfast Development. Ultimately, without

funding to continue the project currently correcting concerns with the association's

contractor is both timely and prudent.”


 Letters from the DSK Law Group were sent to all pertinent parties that Steadfast

Construction is to be terminated 8/29/19 from the project. Including: Frontline Insurance,

Appraisers P.J. Smith and Buz Carrol, Representatives of Steadfast Construction,

including Brad Nowell, Cohen Law Group, and William Sundberg P.A.


 In addition, under advice from the attorney, all work on the project must cease,

including any and all individual and subcontractor work until the transition to a new

contractor is completed. This is an unfortunate delay but must be adhered to. No

contractors shall be allowed on the property until new commencement and permits are

obtained.


 Interviews with General Contractors have been underway with prospective licensed

Florida reconstruction and restoration specialist contractors. The board expects to have

a replacement general contractor hired by in the next few weeks. Expect contract

negotiations and attorney reviews for several more weeks after that.


 As our association works to recover from Hurricane Michael, we hope everyone will

work together. The lack of progress is discouraging for all of us but without a special

assessment, construction cannot commence until the association receives a payment

from Frontline Insurance. Again, please do keep in mind that all reconstruction, the

pace, and logistics are all based on the funding of the project.”


Additional information 09/09/2019

From the attorneys working on the claim…


 Please allow this correspondence to serve as a brief status update in regards to the

ongoing claim with Frontline and the appraisal process. Pursuant to previous updates

an additional inspections of the property went forward on August 27, 2019 through

August 29, 2019 specifically concentrating on the windows of the property and

documenting the remaining contested issues.


We are still awaiting the engineer reports for Buildings 1, 9 and 10 but should have

them very soon. While we await same, PJ Smith and Frontline’s appraiser will be going

through the 400 plus windows while we await Frontline’s evaluation of the windows as

well as of various contested line items.


 Moving forward, we should be in a position to come to a decision on the appraisal or be

in position to submit a portion of the claim to the insurance appraiser umpire in the next

couple months as the appraisers are close to compiling most of the necessary

information on our side.


 As we have said, I know this is a very stressful and time for Bay Point Harbour Villas due

to the actions of Frontline, but know that Cohen Law Group and Sundberg, PA. are

working for you and will continue to push this claim through resolution.


Sincerely,

Bay Point Harbour Villas, INC

Board of Directors


Please Email all questions or concerns to: info@harbourvillasonline.com

*NOTE: PLEASE Remember to ALWAYS include your Last Name, Building # and Unit # in the subject line of your email (this is vital to our ability to properly record, categorize, index and respond to your inquiry and information accordingly) *In addition, 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


* Please continue to check this website frequently for any updated material related to The Harbour Villas Hurricane Michael Repair Project @ www.HarbourVillasOnline.com

#850STRONG
#850STRONG

*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.