THIS RESOLUTION is agreed to at a Board Of Directors meeting on Wed., April 26, 2023, at which all 5 Directors are present, and have unanimously agreed to this Resolution.
This Resolution is effective as of April 26, 2023, and results from the damage to Casa Bonita 1 by Hurricane Ian on Sept. 28, 2022. On the date of this Resolution, Hurricane Ian occurred 7 months ago, and Casa Bonita 1 is still designated as uninhabitable by local authorities; and nobody is or has been living in the building since the Hurricane. Repairs and re-construction are in progress, and various contractors, subcontractors, and workers of various trades are working in and around the building at various times on most days.
Accordingly, the Board finds that Casa Bonita 1 sustained “Very Substantial Damage” as defined in Par. 13.3 of the condo Declarations, as amended (“The Declarations”). The Board further determines that none of the dwelling units can be safely occupied, in accordance with Par. 13.8.1 of the Declarations. The Board hereby declares the entirety of the building and the grounds to be unavailable for occupation by owners or guests until further notice by this Board. The Board further finds it necessary to pass this Resolution, in order to protect the health, safety, and welfare of the Association and all owners and prospective guests, pursuant to Par. 13.8.2 of the Declarations.
There is still substantial debris and broken portions of the building and grounds, that present sharp edges, irregular walking areas, and trip hazards; and the entire building and grounds are declared to be essentially a construction site and not suitable or safe for pedestrian foot traffic. While electrical power and air conditioning are now newly restored to all apartments, running water and sewer are still not available in any portion of the building; the elevators are still not working; the pool and patio areas are still broken and full of debris, and the entire ground floor is still in the early stages of complete reconstruction.
The Board requests, and strongly advises, that all owners minimize their presence on the grounds and in the building until further notice from the Board. Nobody has the legal right to “occupy” their unit so long as local authorities deem the building uninhabitable, and there is the potential for our building to be fined for violations of this prohibition. Any fines against the building resulting from the actions of any owner(s) will be assessed against the owner(s) whose actions resulted in such fines.
The Board, acting on behalf of the Association, does not have the intention, nor the capacity, to bar any owner from entering the grounds or their apartments, nor can we (The Board) make the building or grounds safe for entry or occupancy. It is a construction zone, and all owners of Casa Bonita 1 who enter onto the building, or the grounds, or any apartment, does so at their own risk and assumes that risk and all resulting legal liability, and release Casa Bonita 1 and all of its Board members, agents, and employees from all responsibility and liability for loss, injuries, claims and damages arising out of such entry. It is a dangerous area, and your safety and well-being cannot be assured.