This letter from Sharon Bobb was sent to the ECA Board after the August 8, 2011 informal meeting of Board members and residents. It addresses the need for getting expert advice to prioritize our big projects before money is spent without a good strategic plan.
Last night at the informal meeting, Ms. Harding made available letters from Harkins Builders and from an internationally recognized Professional Engineer, Les Hunkele. Harkins noted that in order for the Board to make the most informed choices about the design and phasing of the facility upgrades, six engineering and architectural disciplines, at a minimum, in addition to a Construction Manager, should be involved as early as possible.
Mr. Hunkele, after careful review of the Harkins letter, explained that these disciplines are necessary to thoroughly inspect the building, develop integrated designs, and establish priorities in order for the work to be sequenced and accomplished in a cost-effective manner.
Mr. Hunkele strongly recommended that the Board invest in hiring a reputable Engineering/Architectural firm experienced in condominiums to complete a thorough inspection and study. This would be followed by an integrated design with a recommendation for priorities based on a thorough knowledge of the building and their professional experience. He urged that this be an integrated effort and made clear that anything short of that would be “throwing money away in large chunks” and “might be considered of questionable due diligence.” Moreover, Mr. Hunkele emphasized that “…attempting a program (a series of interrelated projects) of this magnitude without a detailed study and design that integrates all aspects of the program is foolish and potentially actionable by the condominium owners whom the Board represents.”
Ted Ariev, an owner for more than 25 years, and an architect and construction executive, has repeatedly called for a comprehensive overall integrated study of capital improvements needed for this building, exactly as Mr. Hunkele is recommending. We now have two professional engineers, both internationally recognized, who are strongly recommending the same thing. In the face of this professional advice, I find it unconceivable that the Board would continue to pursue the award of separate contracts for the study and design of an HVAC system, new windows and balcony doors, the swimming pool, and other items – at what total cost to the Association?
I find it equally astounding and bewildering that the Board would announce today – in the face of strong professional advice to the contrary - that it has already selected the three top priority projects and is pursuing a financing plan! I object in the strongest terms possible to my money being thrown away on any more piecemeal contracts.
The Board has a history of being “penny-wise and pound foolish.” I can no longer simply stand by and watch the Board do it yet again, at a time when we now have a building that has been neglected for decades and we are facing upwards of $8 million worth of necessary capital improvements. Further, I object to hearing Board members say that we cannot get the By-Laws revised.
We have amended the By Laws before, and as I understand, we can do it again. Revising the By-Laws would not only bring us into conformance with the Maryland Condominium Act, but would also give the Board the flexibility to provide adequate funding of all our capital improvements, including achieving an upgrade of the entire HVAC system. My understanding is that our attorney, Jason Fisher, has told the Board quite clearly that he has successfully revised By Laws for other condominium clients and that he could easily do so for us.
However, that information has not been shared with the owners. Is this the transparency the Board promised to provide? No – all the owners hear are Board members who ignore this important fact, even claiming that “we cannot change the By Laws, we will never get the votes.” By denying this important step, and hiding behind this misinformation, Board members who are against an integrated effort can pursue the $8 million worth of capital improvements piecemeal rather than handling them in the integrated fashion as two outstanding professionals have urged. This is disingenuous. Well, we have changed the By Laws before, and with Jason we can do so again. In good faith, the Board should immediately direct Jason to pursue amending the By Laws.
Therefore, I urge the Board to:
Stop any action to pursue individual contracts for any capital improvement requirement, including any that concern the HVAC study and design, new windows and balcony doors, the swimming pool and any and all other individual contracts that the Board is considering.
Enlist the advice and guidance of Ted Ariev to work closely with Jim Santos to develop an RFP and Statement of Work for an overall integrated study and design with recommendations for priorities as both Mr. Hunkele and Mr. Ariev have so strongly recommended.
Engage Jason Fisher immediately to take the necessary steps to revise the By Laws to bring us into conformance with the Maryland Condominium Act, and to give the Association the flexibility to pursue all the capital improvements in an integrated fashion as discussed above and to fund them appropriately.
I look forward to your favorable consideration of these important recommendations. It is time to do the right thing the right way!
Sharon Bobb
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