Next HOA Meeting 01/23/2020 @ 5:30 PM in 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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Harbour Villas Update January 03, 2020

⚠ Important Updates ⚠

  1.  RE: Harbour Villas Condominium Association Insurance Claim/Settlement. We are waiting on the appraisal "umpire" to complete his investigation and review.
  2. ⚠  It is URGENT that you return the ballot recently sent out indicating your vote for funding of reserves as part of our budget. Failure to receive a majority vote will result in the association being required to FULLY FUND the Reserve Accounts for 2020 which would be a VERY substantial assessment. The board of directors has recommended partial funding in the amount of $500 per unit; however, this must be approved by a majority of owners. The DEADLINE to receive ballot is January 5, 2020. NOTE: YOU MAY EMAIL YOUR RESERVE BALLOT.
  3. Owners who desire to serve on the Harbour Villas Board of Directors must return their intent to run form by January 10, 2020.  This form may be sent by mail or emailed to the association.


*Also, Thank you to all of the owners/residents who are cleaning up construction debris around your units.

Harbour Villas Update December 16, 2019

 At the November 19, 2019, Board of Directors meeting, the Board approved the formation of an Owner’s Advisory Committee (OAC). The committee is comprised of three members Ed Langton, Andy Nolan, and Paul Dennard.  Using their expertise on insurance, financial, and other related business matters, the role of the committee is to advise the board and assist as directed in our hurricane recovery process. The OAC recommended that an overall update of our process to date be published and has presented the Board with the following summary of our recovery process. 


Thank you,

 

Jan Williams, President


Hurricane Michael continues to bring upon Harbour Villas the slow process of dealing with a multitude of issues due to the complexities of both restoration and the resolution of receiving insurance proceeds for our damage claim.


Subsequent to the blow Hurricane Michael dealt Harbour Villas on October 10, 2018, your HOA began the process of obtaining a general contractor to immediately address the mitigation of further damage to our property and begin the process of restoration of damaged and exposed roofing and exteriors that would secure and restore the property from further damage.


Frontline Insurance sent their third party adjuster to evaluate the damage and that adjuster prepared his estimate of damage using an industry wide accepted software program called Xactimate to detail the damage incurred.


Harbour Villas obtained the services of Steadfast Construction to begin the restoration process. The HOA received counsel and advice and representation jointly by attorneys from the law firms of Bill Sundberg, Sundberg P.A., and Sean Shultz, the Cohen Law Group. An assignment of insurance benefits (AOB) was given to Steadfast in order for Steadfast to commence work.


Work began in earnest. Frontline Insurance paid the HOA an initial sum of $500,000. Afterwards Frontline hired an insurance claim damage appraiser to evaluate the adjuster's Xactamate estimate of damage and upon doing so denied the estimate of damage given to Frontline by their third party adjuster.



Steadfast Construction began to use the Xacatmate detailed damage estimate to commence its work. At a point, it became evident that Steadfast Construction had charged the HOA amounts that are now disputed and further that the work performed was not proper and to our satisfaction. Furthermore, subcontractors of Steadfast were claiming nonpayment for their services. As you may know the subcontractors of Steadfast filed claims against owners of Harbour Villas and Steadfast Construction. These claims are currently in dispute by Harbour Villas and numerous owners.


 Steadfast Construction has prepared a lawsuit against Harbour Villas for an unpaid balance of their claimed work performed in an amount of $500,000. The total work Steadfast has billed the HOA is in the amount of $1,700,000. Our HOA has paid $1,200,000 to Steadfast leaving the remaining disputed amount of $500,000 claimed. The HOA disputed this amount as being due for numerous reasons and has engaged Thomas Neal with the firm of DSK Law to represent the HOA in defense of that claim and the prospect of filing a counter suit against Steadfast.


Both the Sundberg and Cohen law firms have withdrawn representation of Harbour Villas due to the possibility of any conflict of interest they may have.


 Currently both the Harbour Villas appraiser and Frontline’s appraiser have been unable to reach an agreement as to the amount of covered damage. This requires we enter into the process of obtaining an Umpire to resolve these differences. The Umpire process is in progress.


 Therefore, our association is stalled in being able to do further work until many of these issues can be resolved. In the interim, the Board has consulted with another contractor who has performed satisfactory work for another Bay Point HOA.


 It is imperative that we continue operations with our HOA annual assessment and collect any past due accounts that are delinquent. Our budget has been kept as it was this past year and at this time no additional assessments are planned. Each of our owners have various issues with their units; however, the annual operation assessment is due by one and all and cannot be offset by any individual circumstances.


*Harbour Villas meeting minutes are available for download on the bottom this page.


Information for Unit Owners Repairs:


 The Harbour Villas Board of Directors recognizes that many owners understandably want to complete repairs to their individual units. An owner certainly has the right to commence work within their unit. At the September 19th Board of Directors meeting, a proposal was made to recognize an individual owner’s right and responsibilities when undergoing repairs to their unit and the Association’s responsibilities. Declarations of the association 9.1-9.9 pertaining to unit owner’s responsibility for maintenance applies in addition to the adopted proposal.


 In the face of lengthy insurance payout delays, the Harbour Villas Association recognizes that individual condominium owners desire to repair the damage inside their unit caused by Hurricane Michael.


 An owner certainly has the right to commence work within their unit.


**Please read it carefully...


Adopted Proposal:


Relative to the interior work, it is the board’s responsibility to provide the following guidance and cautionary information:


A. It must be understood that the Association will not be responsible for costs incurred for these repairs.


B. Another major consideration prior to commencing interior repairs is that of secondary damage.  The possibility exists that secondary damage may occur due to the existing condition of the buildings.  Secondary damage may also occur due to new temporary leaks or unavoidable physical damage to the interior structure when repairs to the building’s exterior are made.  Whatever the cause, it is the board’s responsibility to inform you that the Association cannot be responsible for secondary damages.


It is the owner’s responsibility to:


1. Obtain Environmental Clearance for your unit 


2. Obtain required permits and inspections by Bay County. More than 50% sheetrock replacement requires permits and inspections at the insulation stage before the walls are closed in with sheetrock. 


3. Insure their contractor abides by the Bay Point Harbour Villas RULES FOR CONTRACTORS (provided below and available for download)


⚠ Please be aware that structural changes to the unit’s interiors must first be submitted to the Board for approval and require Engineering submitted to Bay County for permits before the commencement of work.


The Association requires that the owner:


1. Notify the association when you commence work on your unit.


2. Acquire and Supply the association with a copy of your Environmental Clearance paperwork.


3. Acquire and Supply the association with a copy of any permits and inspections.


4. Supply the association with your contractor’s contact information.


ADOPTED by BPHVA, INC Board of Directors on 19 day of September, 2019


*The adopted proposals are also attached at the lower portion of this page for easy downloading in .pdf format.


*All permitting, individual environmental clearances and supporting documents may be forwarded to  info@harbourvillasonline.com


The proposal means If an owner so wishes to move forward with the repairs to their units, they may provided the owner abide by the aforementioned rules, in accordance with all Bay County building codes and with a licensed Florida contractor. This will be at their own cost with no guarantees of a reimbursement. Failure to follow the terms may result in individual unit repairs to reverse upon final inspections at a later date. If owners do not wish to pay out of pocket for the remaining repairs of insulation and sheetrock wallboard installation, the owner may wait. As mentioned many times before the association has not and may not receive funding to continue the project for many months.  There are no guarantees when the project will be able to continue from a time standpoint.


⚖ INFORMATION REGARDING LIENS FILED ON HARBOUR VILLAS UNITS


Some Harbour Villas Owners have received notification that a lien has been filed against your individual unit by a contractor.  Information regarding this issue is contained below.


ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001 713.37, FLORIDA STATUTES) THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. 


 In the case of Harbour Villas, several of the sub-contractors who performed work for the General Contractor Steadfast Development, have not been paid for work performed.  In some cases there may be a dispute between the Steadfast and the sub-contractor.  Of importance to note is the fact that the Harbour Villas Board of Directors terminated  Steadfast Development several weeks ago, non-payment to sub contractors being only one of the reasons.  This, along with  many issues, are currently being investigated by our association attorney.


 As to the specific liens against your property if so notified, there is nothing at this point that you need to do.  If you are making decisions to either put your property on the market, refinance, or are planning to seek a mortgage on your property, the recorded lien will have to be cleared prior to closing the event you are seeking.  In such cases, there is a legal remedy we can assist you with, handled at no cost to you by our association attorney.  This is a process that is quite normal and will clear the lien on your property in order for you to proceed with whatever it is you are wanting to do.


If you have any questions regarding this issue, please send an email and we’ll respond accordingly.


Thanks for your understanding and coperation.


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 regularly for any updated material related to The Harbour Villas Hurricane Michael Repair Project @ www.HarbourVillasOnline.com

 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.