Next BOD Meeting is scheduled on 11/17/18 @ 10:00AM CST in the BPCA Conference Room
After a very stressful and frustrating past few weeks for all of those affected by Hurricane Michael and the devastating destruction of the hearts and homes that were left in its wake. Despite such a catastrophic event, the people of our community are strong and resilient. Thanks to the tireless efforts of our local and non-local officials, special operation teams, emergency responders and the efforts of so many others working together. After many hours of coordinated deliberation, we are receiving information that will help with the task ahead in order to rebuild our wonderful community.
Progress is being made daily at Harbour Villas with much of the grounds clean up already completed. Materials are being delivered so tarps may start being removed the couple weeks, stripping all the shingles off, replacing any plywood sheathing and install a peel and stick roofing membrane to keep out the water that the tarps can not. This process will be accelerated Monday 11/5/18 with multiple crews scheduled to be on site. (weather permitting)
In regards to Florida statutes pertaining to condominium association insurance responsibility in the event of a major storm, the association insurance will be responsible for sheetrock and interior mold mitigation under state statute guidelines.
The environmental services specialist has inspected most of the individual units this week. Unfortunately, there are many units that either was not allowed entry or a key was not available. If access is not available, state statutes regarding emergency access will be employed. A locksmith will gain access to the unit and the owner will be mailed a replacement key to the address on file including a letter of explanation. The State statute is attached to this correspondence. It is imperative that the association handle the inspection for mold mitigation to prevent any chance of cross-contamination of condominium units or any liabilities thereof.
If you have not already and you wish to coordinate entry to your unit please contact firstname.lastname@example.org
A time schedule for repairs other than the roofs and interior inspections/mitigations will be available in the coming weeks. If you have not contacted your individual owner HO6 Policy insurer, you are advised to do so to cover the cost of any repairs other than sheetrock and mold mitigation. The association does not have any further information regarding other items such as windows at this time. We will have more information to that effect once we receive an update from the Association’s Insurance.
The association must reiterate that this will be a long process of rebuilding that may at times be inconvenient. Everyone involved doing everything within our power to rebuild as efficiently as possible which mean long hours of organization with dozens of contractors, managers, board members, attorneys, engineers, etc. It is important that all these efforts help towards a better place to live at the end of this process for everyone. You may have times when you feel you are not receiving information as quickly as you need but If there is information can be ascertained it will be passed along. No one should have concerns as we are all in this together and have the same circumstances, everyone is equal. Everyone’s personal condo owner’s insurance will handle any repairs not completed by the condo association’s insurance, but this will require patience with all parties involved.
For coordinating your mitigation and repairs contact Steadfast Development at
Updates will be available via email, on the Harbour Villas website at www.harbourvillasonline.com and on Harbour Villas Facebook page
If you have questions and concerns that are that are not answered by Steadfast Development Team you may contact the Association at email@example.com
Harbour Villas Rules and Regulations are available for download on the base of this page linked here
The 2018 Florida Statutes
REAL AND PERSONAL PROPERTY
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, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.
History.—s. 15, ch. 2008-28.