Construction Defect Town Hall Meeting on May 6

Submitted by Wes Meltzer on Sat, 05/01/2021 - 16:54

From Association Manager Joseph Marrero, CAM

Dear Residents of Jesup’s Landing:

As many of you are aware, a significant number of buildings in our community have been experiencing construction issues, including issues with roofing, stucco, siding, water intrusion, and other construction issues. An inspection conducted by an engineer has confirmed and identified problems throughout our community. These problems have personally impacted many of you already, and they require correction. Beyond the impact they have on our individual homes, these issues also create the potential for significant financial exposure to the Association as a whole, if they are not properly addressed.

It is the Association’s responsibility to investigate these issues, and to prevent our homeowners and members from incurring expenses for repairs that are more appropriately placed with others. Addressing these issues right away is critically important for our community. Not doing so increases the chances of sizable special assessments in the future, if those are necessary to properly repair and maintain the construction defect issues we have seen.

For these reasons, the Board has scheduled TWO meetings: (1) a Town Hall Meeting on Thursday, May 6, 2021 at 6:00 p.m. where members are able to ask questions of our attorneys and engineers, and (2) a Special Membership Meeting, held in conjunction with the Annual Meeting of the Membership on Tuesday, May 18, 2021 at 7:00 pm (sign-in starts) and 7:15 p.m. (meeting start time). At the Town Hall meeting, a thorough presentation will be made by our expert engineer to explain the construction defect problems observed. You will also have the opportunity to meet our attorneys, be updated on the issues, and ask any questions you may have.   The Special Membership Meeting is done for the purpose of actually conducting the vote.  We wanted to schedule time in advance of the actual vote so that you can better understand the issues and have time consider your decision before a vote is taken.

The law firm of Ball Janik has agreed to represent the Association in relation to the design and construction defect claims on a contingent-fee basis, which means that unless we terminate the suit before its conclusion (or some other limited occurrence in the representation agreement), the Association will generally not be obligated to pay the attorney’s fees associated with the litigation on an ongoing basis.  In other words, if the members approve going forward with this arrangement the members will not see an increase in assessments to pay the firms legal fees associated with the lawsuit, absent the limited occurrence set forth above. The purpose of this lawsuit is to pursue claims for damages in order to undertake permanent repairs and work to the buildings and common areas in the community – the more money that is recovered, the less likely that future assessments will be required for such permanent work.

Most importantly, the Special Membership Meeting on May 18th will conclude with a vote by the Membership to authorize the Association to proceed with litigation against any parties responsible for the construction defects identified within our community, as well as any other related issues.  Any such litigation would be brought through the above-mentioned law firms on a contingent fee basis.

We cannot overstate how important these meetings are, so if you cannot attend in person, please sign and return a proxy so that your voice can be heard.  It is especially recommended that you send in your proxy in advance of the Special Membership Meeting given current uncertainties in holding meetings due to Covid-19. We appreciate your cooperation and participation at the scheduled meetings and receiving your proxy in advance of the Special Membership Meeting.

Please note that there has also been a shift in community manager. I have taken over Tiffany Castille’s position. If you have any questions or concerns, please feel free to reach out.

Phone: 407-781-5771 Email: [email protected]