Posted on December 10, 2018
Dear Harbour Villas Owners,
First of all, the Harbour Villas Association would like take a moment to thank you all for your continued patience involving the monumental task ahead of us in rebuilding our proud community. The task has been arduous to say the least involving multiple entities from our association manager, multiple insurance adjusting firms, insurance companies, insurance attorneys, general contractors, subcontractors, environmental experts, structural engineers, remediation and mediation specialists, as well as the volunteer work of our board of directors.
The association must reiterate that the rebuilding process will take many months to complete, employing best practice standards in all facets of the project. This may be a difficult process for all owners involved, but, please rest assured that the property will be in the best condition possible when the project is completed.
As for updates on the roofing repairs, custom parapet cap flashing has been ordered for all the buildings and is arriving soon. Currently, buildings 1 through 6 shingled roofs are done with shingled roof sections expecting to be fully 100% flashed and completed in the next two weeks. Buildings 7 through 10 shingled roof sections are about 80% completed expecting to be fully flashed in about 3 weeks.
The flat roof systems over the central courtyard porches on the exteriors are a separate repair which several of the buildings requiring a considerable amount of structural engineering and repair before those roof systems can be replaced. Expect those repairs in the coming months.
Insurance adjusters, inspectors, and contractors will continue to inspect units for the coming months as the rebuilding progresses, every issue must be inspected so that the appropriate reports can be forwarded to the association attorneys to be reviewed for payments to the association for its contractors. Units may need to be inspected multiple times and may be entered at any time during this process in accordance with Florida State Statutes.
As some of you may have already heard Capstone Environmental Services has recommended to the association to cease all remediation until which time the buildings have been uninhabited. This is for the safety of all parties involved as well as the owners inhabiting the condominiums. For this reason, the association would like to provide a schedule for the remediation efforts.. This schedule will be based on condominiums that have already vacated, roof completion to allow creating a watertight envelope for the interiors and those buildings with structural integrity allowing the remediation to take place.
Now in a perfect scenario, all units would be vacated to allow the remediation and construction to take place but the association realizes that the hardship that this incurs for some. So with due diligence taking all aspects of our current situation into consideration the association under the advisement of Capstone Environmental Services, Steadfast Development, and William Sundberg PA, the Harbour Villas Association is recommending the following:
The current schedule for vacating the following buildings to allow for commencement of remediation by these dates:
Buildings 7-10 are "to be determined" based on the time for remediation for buildings 1-6 and the structural engineering and repairs on buildings 7, 8 and 10 that will continue on those buildings to be completed. This schedule is merely an estimation as it is nearly impossible to ascertain how long the remediation will take once a building has started. Many variables have to be considered once the sheetrock wallboard is removed. Structure, electrical and plumbing in the wall will be inspected as well and may need additional repairs. Current estimates we expect an individual building to have remediation complete in 30-60 days once commencement on the aforementioned dates.
Once remediation is completed in your unit, owners may contact your Florida condo H06 policy adjusters and/or licensed contractors of your choice for estimates and adjustments to your claim and to complete repairs to your units beyond the mold/fungus remediation and sheetrock replacement. These items will include: wall and ceiling coverings, trim, flooring, cabinetry, light and plumbing fixtures. The association is still currently working with insurance and public adjusters as well as insurance claim attorneys on the repairs to HVAC units and windows, updates are forthcoming when made available to the association.
Once again, thank you all for being so patient and courteous during this trying time. Expect continued updates once remediation of interiors has begun and additional time schedules for the remaining buildings may be ascertained. We hope you all can make the best of this Christmas holiday season. Bless you all.
The Bay Point Harbour Villas
Board of Directors
Community Association Manager
William Sundberg, PA
Brad Nowell, Steadfast Development, INC
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 at email@example.com, you may also contact the Condo Association at firstname.lastname@example.org
Harbour Villas Rules and Regulations are available for download on the base of the website's "about us" page linked below:
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.