New Villas Board Member

As of Monday, Lee Petros has joined the board of directors for The Villas at Pointe West. Lee is an owner of an Ocean Club Villa unit. He has extensive experience in the construction field as the Executive Director of Construction and Demographic Studies for the Fort Bend ISD. We believe that this knowledge of construction, contracting and financials will be a benefit to the existing board during this time of reconstruction and forward.

The Board for all 3 associations is as follows (all board members are voting members):

POA:
Joe Castillo, President
Joe Smith, Vice President
Todd Erickson, Treasurer
Elizabeth Heckathorn, Secretary
Mark Dolan (Homeowner), Director
Neerja Bhardwaj (Homeowner), Director

The Villas at Pointe West, Inc.:
Joe Castillo, President
Todd Erickson, Treasurer
Elizabeth Heckathorn, Secretary
Susan Smith (Homeowner), Director
Lee Petros (Homeowner), Director

Bay Water Condominium Association, Inc.:
Joe Castillo, President
Todd Erickson, Treasurer
Elizabeth Heckathorn, Secretary
Tom McKinley (Homeowner), Director
Jerrell Jenkins (Homeowner), Director

We also wanted to take this time to recap which board members are responsible for posting to the blog. The schedule is as follows:

Monday- Villa Homeowner Board Members (Susan Smith or Lee Petros)
Tuesday- Bay Water Homeowner Board Members (Tom McKinley or Jerrell Jenkins)
Wednesday- Elizabeth Heckathorn
Thursday- POA Homeowner Board Members (Mark Dolan or Neerja Bhardwaj)
Friday- Joe Castillo

Additional Insurance Payment Expected

The Board received notice today from Essex that is has released two checks tendering the remaining balance of its $5,000,000 policy limit. We expect that the checks will be received by the association the week of December 1st. The final payment from Essex breaks down as follows:

The Villas at Pointe West, Inc.- $1,371,000.00
Bay Water Condominium Association, Inc.- $1,629,00.00

Legal Interpretation

Resulting from meetings with the condominium flood insurance adjuster, the Associations have asked Barry of IRC to obtain legal council from the Merlin Law Group. At stake are various claims within the garage level and components of the elevator system. The Merlin Law Group is to provide interpretations of the National Flood Insurance Program that substantiate the Association’s claim. The Associations anticipate resolution in late December.

Climatized Condominiums

Reconstruction continues to progress across Pointe West, this week Cotton officially completed tear out operations with the climatizing of all condominiums. In the case of the damaged units, control areas were established to protect interior furnishings. These controlled areas were sealed with the use of the plastic coverings in order to maintain climatized areas. The Associations asks that all homeowners assist in keeping these in place so that the interior furnishings are protected.

Cotton is to provide a Hygienist report on the operation completed to date. Upon receipt the Association will make the report available at the Beach Club.

Permitting Fees

FOR IMMEDIATE RELEASE



Beat the Clock: Permitting Fees Waived Until December 31st

Galveston, Texas
November 25, 2008

Property owners can still apply for building permits free of charge. The Galveston City Council recently extended the waiver all of the city’s building permitting fees through Wednesday, December 31, 2008. This order originally took effect on Sunday, September 21, 2008.

Due to the severity of damage caused by Hurricane Ike’s wind, rain, and storm surge the City of Galveston will not require homeowners or contractors to pay for the following permits:

· Building Permit Fees
· Mechanical
· Plumbing
· Electrical
· Fire

Additionally, the City of Galveston does not require homeowners or contractors to apply for permits to demolish and remove non-structural floor coverings; wall coverings and ceiling coverings; cabinetry; or storm damaged materials on the interior of structures. Exemptions do apply. This order does not pertain to the removal of any and all structural beams, piers, pilings, and materials. This temporary waiver will also expire on 12/31/08.

The City of Galveston previously adopted the 2006 International Building Code and the 2006 International Residential Code regulating the building, rebuilding, and restoration for all construction. The temporary waiver of these regulations is a necessary action the City must take to save lives, prevent injuries, protect property, and ensure public health and safety.

Roofing Operations

The roofing repairs/replacement operations began this Wednesday and the schedule for each building is as follows:

4151 Pointe West Drive: 11/19-21/08
4141 Pointe West Drive: 11/21-22/08
4131 Pointe West Drive: 11/24-25/08
4121 Pointe West Drive: 11/26/08-12/1/08
4111 Pointe West Drive: 12/2-3/08
4221 Pointe West Drive: 12/4-5/08
4211 Pointe West Drive: 12/6-8/08
4231 Pointe West Drive: 12/9-10/08
4241 Pointe West Drive: 12/11-12/08
26411 Cat Tail Drive: 12/13-15/08
26451 Cat Tail Drive: 12/16-17/08
26350 Cat Tail Drive: 12/18-19/08
26441 Cat Tail Drive: 12/20-22/08
26451 Cat Tail Drive: 12/23-24/08
26461 Cat Tail Drive: 12/29-30/08
26471 Cat Tail Drive: 12/31/08-1/2/09
26320 Cat Tail Drive: 1/3-5/09
4211 Grassy Pointe Drive: 1/6-7/09
26501 Mangrove Drive: 1/8-9/09
26511 Mangrove Drive: 1/10-12/09
26540 Baywater Drive: 1/13-14/09
26550 Baywater Drive: 1/15-16/09
26560 Baywater Drive: 1/17-19/09
26570 Mangrove Drive: 1/20-21/09
27030 Estuary Drive: 1/20-21/09
27020 Estuary Drive: 1/24-26/09
27010 Estuary Drive: 1/27-28/09
26934 Baywater Drive: 1/29-30/09

This schedule does not include delays associated with inclement weather.

Beach Club- November Hours of Operation

Pointe West hours of operations

Sunday – Saturday
8am - 6pm

Breezes Café

Wednesday – Sunday
11am - 4pm

Saturdays Only
11am – 5pm

Holidays November 2008

Thanksgiving Day November 27
Beach club Open 9am – 2pm
breezes café – Closed

Day after Thanksgiving November 28
Beach club open 9am - 6pm
breezes café - closed

November 29
Beach club open 8am - 6pm
breezes café - closed

November 30
Beach club open 8am - 6pm
breezes café - closed

December 1
Beach club open 8am - 6pm
breezes café - closed

December 2
Beach club open 8am - 6pm
breezes café - closed

Reconstruction Funding

In concurrence with the reconstruction funding mechanisms being pursued the Associations met with a representative from SBA over the last two days. A high level assessment of the damages related to the requested loans completed by SBA will be used to determine the final loan amount. In order to facilitate the process the Associations provided the detail cost allocations that have been completed by other adjusters. SBA indicated that the potential loan will be based on the gap between insurance coverage and actual cost. SBA indicated that a report will be submitted but there will be numerous steps before the SBA will provide a loan determination. Based on discussions with SBA this will be a slow process and obtaining a loan is not guaranteed.

As of last week the Condominium Associations requested the remainder of the first insurance layer. Based on costs to date and projected cash flow the request was for three million dollars that will fund the reconstruction operation through December 2008. Over the last three weeks the Associations have attempted to establish communications with the second insurance layer carrier but to date the carrier has not completed agreements to have an adjuster represent their interest.

Thus in the case that the second insurance layer carrier continues to stall, the Associations will review the November assessment submittals from homeowners and the anticipated cash flow. Using the fiscal limits provided within this information the Condominium Associations will develop a reconstruction schedule.

Building Coordination Subcommittees

Building Coordination Subcommittee Job Duties and Responsibilities. Thank you to all who have volunteered. Upon completion of the construction schedule and other pertinent information which needs to be relayed, the building coordinators will be contacted.

Purpose: To assist in the hurricane recovery efforts by working with the Board of Directors to disseminate information to homeowners and provide constructive feedback.

Structure: One volunteer homeowner from each building to consist of 10 committee members that will report directly to the board. All subcommittee activities will be coordinated by one board member with the approval of the entire board.

Duties: The sub-committees duties are outlined below but subject to change by the board.

1. Maintain building contact list and emergency phone ladder.

2. Implement good neighbor practices as outlined in the CCRs and Bylaws.

3. Report any security or common area issues to the management company and board of directors.

4. Revise the Hurricane Preparedness Manual and Emergency Procedures on an annual basis or more frequent if needed.

5. Communicate status of hurricane reconstruction efforts to homeowners in your building.

6. Gather feedback and questions from homeowners in your building that need to be addressed by the management company or board.

7. Attend West End Island Property Owners’ Association so that Pointe West’s voice is represented and report back to homeowners and board members.

Bay Water Condominium Association, Inc.

Members: The following individuals have volunteered for this committee and have been approved by the board. All committee members must remain in good standing to continue as a committee member.

26501 Mangrove Drive - Tara Morrison
26511 Mangrove Drive - Donald Bianchi
26540 Mangrove Drive - Position Vacant
26550 Mangrove Drive - Sesha Kalapatapu
26560 Bay Water Drive - Gayle Dale
26570 Bay Water Drive - Position Vacant
26934 Bay Water Drive - Mary Ann Brown
27010 Estuary Drive - Joe Harrison
27030 Estuary Drive - Gary Tolbert
27020 Estuary Drive - Laura Fenandea-Burnett

The Villas at Pointe West, Inc.

Members: The following individuals have volunteered for this committee and have been approved by the board. All committee members must remain in good standing to continue as a committee member.

4151 Pointe West Drive - Position Vacant
4141 Pointe West Drive - Position Vacant
4131 Pointe West Drive - Catherine Parrino
4121 Pointe West Drive - Position Vacant
4111 Pointe West Drive - Frances Cheney
4221 Pointe West Drive - Heather Belcher
4211 Pointe West Drive - Position Vacant
4231 Pointe West Drive - Position Vacant
4241 Pointe West Drive - Susi Zeal
4221 Grassy Pointe Drive - Lee Petros
26320 Cat Tail Drive - Leora Nowltz
26411 Cat Tail Drive - Jason Rubenstein
26441 Cat Tail Drive - Richard Price
26451 Cat Tail Drive - Daniel Merchant
26461 Cat Tail Drive - Susan Haggar
26471 Cat Tail Drive - Janet Smith
26350 Cat Tail Drive - Barbara Liendo
26421 Cat Tail Drive - Elizabeth James

Reconstruction Schedule

Many condominium owners have been inquiring about a final reconstruction schedule. At this point in time, the Board of Directors does not have a complete reconstruction schedule. The reason for this is that the details of the scope in terms of final quantities (how many sheets of sheetrock, how many linear feet of plumbing, how many pieces of siding, etc.) have not been agreed upon by our public adjuster and the insurance company. The public adjuster and the insurance company completed the interiors a few weeks back but just completed the exteriors this week. Our public adjuster is now tasked with revising the original scopes/IRC reports to include the agreements reached during the walk thru with the insurance company. Once this has been completed, the association will have Cotton price out the full scope for each building. After Cotton has priced the work, it will be submitted to the insurance company for sign off and then we can proceed forward with reconstruction. Until the scope is fully updated and our general contractor (Cotton) and the Associations are able to review it and create a schedule based on this scope the Board does not have a completion date at this time.

The Board and IRC are pushing this issue on a daily basis and hope to have these revised/agreed upon scopes out to Cotton by the end of next week. Please keep in mind that a reconstruction schedule is also contingent upon the receipt of funding in the form of owner assessments, insurance funds and SBA Loan.

Additional Insurance Funds Requested

The board of directors for both condo associations and IRC meet with the insurance adjuster on Tuesday to discuss the next interim payment request. All supporting documentation to substantiate an additional payment of 3 million was provided to the insurance company. The board anticipates that it will receive a decision regarding this payment request within 2-3 weeks.

The funds associated with the first payment request in the amount of 2 million have been used to proceed with work such as electrical, tear out, security, debris removal, and roofing (temporary and permanent measures). As of today these initial funds are nearing exhaustion and the board is pushing for additional funding from the insurance company.

The board would also like to remind all condo owners that the first assessment associated with Hurricane Ike repairs is due November 30. These funds will assist the association in moving forward with the reconstruction efforts.

SBA Loan Submittal

Over the past week, the Bay Water and Villas condominium association has been working diligently in preparing an application for an SBA Business Physical Disaster Loan which has been made available to non-profit organizations such as our associations. The purpose of this loan is to cover uncompensated or uninsured disaster related losses.

We will be submitting our complete package to the SBA tomorrow and anticipate that this review and approval process could take 4 to 8 weeks. Each association has applied for a 2,000,000 dollar loan. However, this amount is not guaranteed and is subject to reduction based on the SBA review. As we receive updates on our application process we will communicate it via the blog to all owners.

We would also like to take this time to thank the homeowners who helped assist the board of directors with this process.

Cottage Garage Doors

The company that manufactured the original cottage garage doors is no longer in business, therefore, the product is not available for purchase. However, the ARB has approved an alternative garage door for cottage owners.

If you are a cottage owner that experienced damage to your garage door and are in need of replacing it please contact Chris Warfield at c.warfield@pmghouston.com or (713) 329-7117 for approved garage door specifications.

POA Website Updates

The POA has revised the "Announcement" page on the website to now include various files related to Hurricane Ike reconstruction work that can be downloaded by homeowners. Currently, the water mapping files of individual condo units and the POA bids have been posted and are accessible. During the course of the next couple of days, we will be adding the full IRC reports, Cotton's weekly schedule/Progress update report and meeting minutes. Please continue to check back on a weekly basis as this information will be updated as we receive revised information/reports.

If you feel that there is a discrepancy in the IRC reports as it relates to your unit's damage please send this information via email to Eileen Penn at e.penn@pmghouston.com. We will compile this information and request that IRC revisit the unit in question. However, please keep in mind that these reports are the first go around and revisions are already in the process of being made. During the first review, IRC had to skip units that we did not have access to and have since then gone back into those units. The revised reports will be posted once the board has received them and reviewed for accuracy.

The POA website can be accessed at the following web address:
http://acw.associawebsites.com/siteapps/LoginACW/ACW-Login.aspx?CID=4064&mcwsitehome=/main/AssociaCommunities/Content/362_P.O.A.Pointe.West_4064

If you have not setup your website account you will be prompted to do so and it will require that you have your POA Account ID number which is located on your POA billing statement. Contact Suzanne Davis at 713-329-7160, if you need help locating your Account ID number or setting up your website log in account.

Message to Cottage Owners

Cottages- Lot Landscaping

During the November 1st meeting several cottage owners asked the board to revisit their position on replacing the landscaping on each cottage lot that was damaged from the storm. The Board submitted this item to the Association attorney for interpretation, from his interpretation the POA will obtain costs and replace the landscaping after an assessment is paid by the cottage service area owners. Please refer to his reply below.

Attorney's Reply-
After reviewing the Supplemental Declaration, I can confirm that the owner's analysis of Section 3.1 is materially correct. However, Section 3.4 of the Supplemental Declaration provides that the cost of the replacement of developer-installed lawns and landscaping is to be assessed to the owners within the Cottages Service Area as a Service Area Assessment.

Pursuant to 8.1(b) of the Declaration for Pointe West, the Board is to prepare a budget for each Service Area and the Association is authorized to levy Service Area Assessments against all the lots in the Service Area. The Board needs to send a summary of the proposed budget and notice of the service area assessment to each owner at least 30 days before the effective date of the budget.

This particular situation does not neatly fit in with the budgeting scheme of the declaration, but it is clear that the Association is to replace the landscaping and lawns of those lots within the Cottages service Area (Lots 50-81 of Block 1 and Lots 1-25 of Block 2, of Point West, Section 1). It is also clear that the cost of replacing the landscaping and lawns is to be assessed against the owners of lots within the Cottages Service Area. The budget and assessment can be disapproved by 75% of the Class “A” votes, but the Association is not required to call a meeting for that purpose.

I would agree with the owner that the Association is in the best position to replace landscaping and lawns in a consistent manner. It thus makes sense that the Association should replace the lawns and landscaping, but the Declaration scheme is set up such that the owners of the Service Area are to pay for the cost of the replacement via a Service Area Assessment. The Association should determine the cost to replace the lawns and landscaping on lots within the Cottages Service Area, calculate each lot’s share of the costs and then provide at least 30 days notice of the Service Area Assessment to the owners within the service area. This should be included in the Cottages Service Area budget as well.

Cottages- Security

The association received a detailed security report this morning from the on-site security officer noting that during his rounds he noticed that several doors to individual cottages have been left unlocked. If you have contractors working in your cottage during the day, please stress to them that it is very important that all doors are locked and secured each night before they leave. The association is in the processes of locking the doors to cottages were we have keys on file as a courtesy. If we do not have your key on file and we are unable to secure your home you will be notified.

Pointe West Association Committees

After Saturday's meeting numerous homeowners volunteered to serve on committees that will focus on particular items related to the successful reconstruction of Pointe West. The committees are currently establishing defined strategies and will regularly report to their Association Board of Directors.

Each committee will be managed by a board director that will introduce the committee's members, desired outcome and also provide regular progress updates via the Pointe West blog. The current committees are:

Small Business Association Loan
POA Common Area Bids/Dune Crossovers
Building Captains

November 1st Meeting Recap

The Board would like to thank everyone that participated in the November 1st Hurricane Ike Meeting. If you were not able to attend, meeting minutes are being prepared and will be posted to the POA's website by the end of the week.

Condominium Association Assessment:
The board has approved an assessment related to hurricane repair work and the deadlines for these payments are November 30th and February 28th. PMG is in the process of prepairing and sending payment coupons out to all condo owners.

The assessments are broken down as follows (detailed backup can be obtained by emailing e.penn@pmghouston.com):

Baywater Condominiums
Unit Owner Initial Assessment
Units 101,201,301- $6,055.94
Units 102,202,302- $3,721.04
Units 103,203,303- $5,033.10

The Villas at Pointe West
Unit Owner Initial Assessment
Units 101,201,301- $5,747.54
Units 102,202,302- $3,531.54
Units 103,203,303- $4,776.78

Property Owners Association Assessment:
In recognition of financial constraints that many homeowners are facing, the board has decided to delay the POA hurricane repair assessment at this time. Due to this, repairs to the common area (dune walkovers, fountains, landscaping, entry tower, etc.) will be delayed while the board reviews new scope of work from POA subcommittee.

Please note that until the three public access dune walkovers have been repaired the beach can not be closed to vehicular traffic. Therefore, the assocaition can not re-install the beach bollards until the walkovers have been restored to their original condition.