[2009] Westin Club Regina Special Assessment [MERGED]

Club Regina special assessment refund

Oh, by the way, the email also stated that those that have already paid the special assessment will receive refunds.

Club Regina special assessment

Has anyone else received this email? I have not received it yet.

I received an email two days ago with further explanation of why the assessment was needed and giving me six months to pay off the assessment.

Thanks for any feedback or help.

Doug C

I got the email today. Basically it said to me that they are withdrawing it at this time and will try and justify it later this year. They also were apologetic about springing this on the members without any real information.

So I will probably budget for it since they seem to believe they can make the assessment and collect "after further review".

Cheers

Thank You Very Much

rbarre said:

For my contract at Club Regina in Cabo any "special assessment" is not by contract and not enforceable.
For those that have paid in full the purchase price of their vacation ownership and want to simply abandon, I have had the great misfortune to do this twice in Mexico, Villa Varadero in Nayarit, and Rancho Banderas in Punta de Mita. This cost me over $25,000, but the abuse of contract law in these instances lead me to believe that worse was to come. Nothing has happened to my credit or otherwise in either of these cases. The reality is that you have put more into the pot than the timeshare operator, and they do not want to see any semblance of justice. What is usually done by them is illegal in any court whether in Mexico, Canada, or the USA. They figure who ever wants to spend the money to fight their illegal actions, and for anyone person who did, they would simply settle, and carry on as before. This is the scheme.
In this instance, I complained to the Atty General in TX, the BBB in Houston ,and Doug Bech. For those that think they got a deal from Bech think that anything he can get is more than authorized by contract.

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RBARRE,

THANK YOU SO MUCH FOR YOUR WONDERFUL BLOG. YOU ARE THE FIRST PERSON THAT HAS HAD THE GUTS TO SAY THAT YOUR CREDIT WILL NOT BE ADVERSLY AFFECTED IF YOU ABANDON YOUR MEXICAN TIMESHARE. I BOUGHT AND EVERY OTHER YEAR AT THE WESTIN REGINA COUPLE YEARS BACK AND CAN NOT RENT IT OUT OR FLY ALL THE WAY TO CANCUN TO USE IT SO I DID NOT PAY MY 2009 HOA DUES. THEY WERE $820 DUE ON 1-15-09. IT IS NOW 8-18-09 AND WESTIN REGINA HAS SENT MY BILL TO COLLECTIONS AND I CALLED ON THE LETTER YESTERDAY AND THEY WANT ME TO NOW PAY $1320. I TOLD THE COLLECTION AGENT YOU MUST BE OUT OF YOUR MIND IF YOU THINK I AM GOING TO PAY THAT MUCH. I SAID I WOULD BE WILLING TO PAY THE ORIGINAL $820 BUT HE SAID NO CAN DO AND IF I DID NOT PAY THE FULL AMOUNT MY BILL WOULD GO TO JUDGEMENT AND MY CREDIT WOULD BE ALL MESSED UP.

HOW LONG HAS IT BEEN SINCE YOU HAVE ABANDONED YOUR TIMESHARES IN MEXICO?

THANK YOU SO MUCH FOR THE HELP, MY WIFE AND I HAVE BEEN FRETTING BECAUSE WE MUST RE-FI OUR HOME SOON AND WE WERE HOPING THAT OUR CREDIT SCORES WOULD NOT BE ADVERSLY AFFECTED BY THIS HORRIBLE MEXICAN TIMESHARE.

THANKS,
FROM DAVE

It looks like you were right. I got the "new" bill for the assessment today. Same dollars...Same BS.

x3 skier said:

I also contacted Mr. Bech and had a very prompt and courteous reply. Before running to the lawyers, please contact him about your concerns.\

Cheers

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Hi could you please give me the address or email to contact Mr Bech , having problems with purchase of T/S . ie agent lied though her teeth to get us to sign contract. thanks

rhonap said:

Hi could you please give me the address or email to contact Mr Bech

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See post #17 of this thread.

Proposed Nationwide Class Settlement in the Works

I found this in court documents:

"WHEREAS, on September 28, 2011, counsel for the Parties reached an agreement in principle regarding the substantive terms of a settlement providing relief to members of a proposed nationwide settlement class"

STIPULATION AND ORDER VACATING CASE DEADLINES PENDING MOTION FOR PRELIMINARY SETTLEMENT APPROVAL

I wasn't even aware that this suit was going on prior to today. It started as a class action for California members but is now in the Federal Court.

The class certification can be found here:

ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

I don't know who the class leads are but I sure would like to thank them!

aleksir said:

I found this in court documents:

"WHEREAS, on September 28, 2011, counsel for the Parties reached an agreement in principle regarding the substantive terms of a settlement providing relief to members of a proposed nationwide settlement class"

STIPULATION AND ORDER VACATING CASE DEADLINES PENDING MOTION FOR PRELIMINARY SETTLEMENT APPROVAL

I wasn't even aware that this suit was going on prior to today. It started as a class action for California members but is now in the Federal Court.

The class certification can be found here:

ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

I don't know who the class leads are but I sure would like to thank them!

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I predict the settlement will include some form of a member credit in an amount no greater than $25 and a payoff payment to plaintiffs attorneys of at least $500,000.

T_R_Oglodyte said:

I predict the settlement will include some form of a member credit in an amount no greater than $25 and a payoff payment to plaintiffs attorneys of at least $500,000.

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While I don't disagree that most class action suits on soft issues are like this, I don't think this one will be settled so low - this is contract law. But we'll see.

I'd place my bet with Steve - a few dollars in credit to the actual owners - the vast majority to the lawyers. Lets see what it turns out to be.

I agree

I am sure that we members, will not see any funds, combined - compared to what the attorneys will receive at the end of the trail. Nor will all the "promised" improvements be done in our life times.

We do enjoy going once or twice a year, so we just try and look at the good, and inform Raintree exes when things go sideways.

The likely result will be another special assessment to the owners to pay the class action lawyers since the Club has no money except what they get from the owners via fees.

Cheers

Up goes the Maintenance fee

The only way these additional cost can be paid is to up the maintenance fee which I think they have the right to increase. So how does this action help the members? For those that could not make the lump sum payment they will end up paying the higher maintenance fees. For us who make the accessment payment now we would not be hit by the increased maintenance fees. So what do we gain by dragging this thru the courts where the only winners are the lawyers? Somebody has to pay and it always falls to the owners. I think those that are pushing this law suit will only hurt us.

We'll find out soon

The class:

All persons who reside in the United States and were charged the Special Assessment that was issued to owners of Raintree Vacation Club and related timeshare interests in or around October or November 2009. Excluded from the Settlement Class are those persons who have already settled their claims relating to the issuance of the Special Assessment, those persons whose Club memberships have already been validly terminated for non-payment of amounts due under Club membership purchase promissory notes as of the date of the issuance of the Court’s order granting preliminary class settlement approval in this action, Defendants, any entity in which any Defendant has or had a controlling interest, any officers or directors of any Defendant, the legal representatives, heirs, successors, and assigns of Defendants, and any judge assigned to this action and his or her immediate family.

On or before December 15, 2011, the Parties shall cause individual notice, substantially in the form of Exhibit D to the Settlement, to be mailed to all reasonably identifiable Settlement Class members. By that same date, Plaintiffs will post the notice on the Girard Gibbs LLP website (www.girardgibbs.com). Also by that date, Defendants shall cause the Settlement Administrator to send e-mail notification to those members of the Settlement Class for whom Defendants have e-mail addresses apprising them of the mailing of the Settlement Notice.

I have not found anything about the terms of the settlement.

aleksir said:

I have not found anything about the terms of the settlement.

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I would guess that is to hide the lawyers fees.

BTW, the link to Girard Gibbs is dead (at least when I try it).

Cheers

Just received the email below. The link Raintree-Settlement@GirardGibbs.com gives additional information.

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This message has been sent to you and other owners of Raintree Vacation Club and Club Regina timeshare memberships who reside in the United States by order of the United States District Court for the Northern District of California.

On December 5, 2011, the District Court issued an order preliminarily approving a settlement in a consumer class action lawsuit that challenged the charging of a Special Assessment to members of Raintree Vacation Club and Club Regina in October or November 2009. The name of the lawsuit is Berrien, et al. v. New Raintree Resorts International, LLC, et al., No. CV 10-03125 CW (N.D. Cal.).

Written notice of the proposed Settlement is being sent to you by first-class mail. The Settlement Notice explains the terms of the Settlement and the procedures to follow in order to exclude yourself from the Settlement or submit comments to the District Court regarding the Settlement, if you choose to do so. A final settlement approval hearing is currently scheduled for March 8, 2012, but the District Court may reschedule that date. If you wish to participate in the proposed Settlement, you do not need to take any further action.

If you do not receive your mailed copy of the Settlement Notice, you may also obtain a copy of the Settlement Notice and the full Settlement Agreement from the Girard Gibbs LLP website, www.GirardGibbs.com/Raintree-Settlement.asp. Girard Gibbs LLP is the San Francisco-based law firm that has been appointed by the District Court to represent the class in the lawsuit.

For further information, please consult the website above or contact Girard Gibbs LLP at 866-981-4800 or Raintree-Settlement@GirardGibbs.com.


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The United States District Court, Northern District of California has ordered this email notice be sent. If you wish to UNSUBSCRIBE from future email messages from the Settlement Administrator with regard to this Settlement, please click on this link.

nyparadigm said:

Just received the email below. The link Raintree-Settlement@GirardGibbs.com gives additional information.

---------------------------------------------------------------

This message has been sent to you and other owners of Raintree Vacation Club and Club Regina timeshare memberships who reside in the United States by order of the United States District Court for the Northern District of California. On December 5, 2011, the District Court issued an order preliminarily approving a settlement in a consumer class action lawsuit that challenged the charging of a Special Assessment to members of Raintree Vacation Club and Club Regina in October or November 2009. The name of the lawsuit is Berrien, et al. v. New Raintree Resorts International, LLC, et al., No. CV 10-03125 CW (N.D. Cal.).

Written notice of the proposed Settlement is being sent to you by first-class mail. The Settlement Notice explains the terms of the Settlement and the procedures to follow in order to exclude yourself from the Settlement or submit comments to the District Court regarding the Settlement, if you choose to do so. A final settlement approval hearing is currently scheduled for March 8, 2012, but the District Court may reschedule that date. If you wish to participate in the proposed Settlement, you do not need to take any further action.

If you do not receive your mailed copy of the Settlement Notice, you may also obtain a copy of the Settlement Notice and the full Settlement Agreement from the Girard Gibbs LLP website, www.GirardGibbs.com/Raintree-Settlement.asp. Girard Gibbs LLP is the San Francisco-based law firm that has been appointed by the District Court to represent the class in the lawsuit.

For further information, please consult the website above or contact Girard Gibbs LLP at 866-981-4800 or Raintree-Settlement@GirardGibbs.com.


--------------------------------------------------------------------------------

The United States District Court, Northern District of California has ordered this email notice be sent. If you wish to UNSUBSCRIBE from future email messages from the Settlement Administrator with regard to this Settlement, please click on this link.

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How strange...I am a Club Regina owner with an e-mail address that Raintree has used to send me information for years yet somehow they missed sending me this e-mail. :annoyed:

So if you didn't pay the assessment and fees they are waived but if you did you just lose out. If the assessment and fees were waived I assume the court thought they were beyond the scope of the contract,but if you paid them I guess they were within the scope of the contract. WOW seems like they can have it both ways. Once again the good guys (those that paid so our credit would not get ruined) are the losers.

skj62 said:

So if you didn't pay the assessment and fees they are waived but if you did you just lose out. If the assessment and fees were waived I assume the court thought they were beyond the scope of the contract,but if you paid them I guess they were within the scope of the contract. WOW seems like they can have it both ways. Once again the good guys (those that paid so our credit would not get ruined) are the losers.

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I don't know what you're reading but the way I read it I get an additional week since I paid the assessment & both 2010/2011 MFs.

And I don't know how you value your week but I would say that mine is worth more than $25 to me.

Supplemental Points. If the Settlement is approved, certain members of the Settlement Class will be entitled to receive Supplemental Points under the Settlement. Supplemental Points will be allocated to eligible members of the Settlement Class based on each member’s 2010 Points (or weeks) allotment as follows, depending on the
payments each member has made:

Payment(s) Made by Class Member Supplemental Points Allocation
1. Paid both the Special Assessment and Maintenance Fees for both 2010 and 2011
1. Will receive Supplemental Points equal to Class Member’s 2010 Points

2. Paid the Special Assessment, but did not pay Maintenance Fees for both 2010 and 2011
2. Will receive Supplemental Points equal to Class Member’s 2010 Points

3. Paid Maintenance Fees for either (but not both) 2010 or 2011, but did not pay the Special Assessment
3. Will receive Supplemental Points equal to Class Member’s 2010 Points

4. Paid Maintenance Fees for either (but not both) 2010 or 2011, plus the Special Assessment
4. Will receive Supplemental Points equal to 2x Class Member’s 2010 Points

5. Paid Maintenance Fees for both 2010 and 2011, but did not pay the Special Assessment
5. Will receive Supplemental Points equal to 2x Class Member’s 2010 Points

Members of the Settlement Class who paid nothing toward the Special Assessment and paid nothing toward 2010
and 2011 Maintenance Fees will not receive any Supplemental Points

skj62 said:

The only way these additional cost can be paid is to up the maintenance fee which I think they have the right to increase. So how does this action help the members? For those that could not make the lump sum payment they will end up paying the higher maintenance fees. For us who make the accessment payment now we would not be hit by the increased maintenance fees. So what do we gain by dragging this thru the courts where the only winners are the lawyers? Somebody has to pay and it always falls to the owners. I think those that are pushing this law suit will only hurt us.

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No Increase of Fees or Charges to Pay for the Settlement. No fees or other charges paid by members of the Settlement Class, including Maintenance Fees, will be increased in the future to pay any costs associated with the Settlement or its implementation.

Looks like it's coming out of Doug Bech's salary

skj62 said:

How strange...I am a Club Regina owner with an e-mail address that Raintree has used to send me information for years yet somehow they missed sending me this e-mail. :annoyed:

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+1

Cheers

If nothing else we get this, and I really like it. Transparency

Reporting Requirements Regarding Club Finances and Fees. If Defendants have not previously done so, beginning 60 days after the Settlement is implemented, Defendants will place all funds collected from Club members in a segregated and separately identifiable, interest-bearing account. Within 60 days after the Settlement is implemented, Defendants will engage an independent auditor to conduct an annual accounting of all funds collected from Club members, the uses of such funds and all Club expenses, as well as an accounting of the Club’s capital improvement reserve. A detailed report certified by the auditor will be published to Club members by June 30 of each year. The report will identify, describe and itemize, using generally accepted accounting procedures and categories, all Club-related expenses and revenues, all amounts received from Club members and all expenditures of funds received from members and/or the capital improvement reserve for the previous year including specific descriptions of the uses and purposes of all expenditures. The report will also identify, but not certify, all material factors considered in any decision to increase or decrease the fees charged to Club members in the year that the report is issued and will specifically identify and describe the increases or decreases in Club expenses that are the basis for any increase or decrease in fees charged to Club members. Funds collected from Club members may be used to pay for such audit and report.

aleksir said:

I don't know what you're reading but the way I read it I get an additional week since I paid the assessment & both 2010/2011 MFs.

And I don't know how you value your week but I would say that mine is worth more than $25 to me.

Supplemental Points. If the Settlement is approved, certain members of the Settlement Class will be entitled to receive Supplemental Points under the Settlement. Supplemental Points will be allocated to eligible members of the Settlement Class based on each member’s 2010 Points (or weeks) allotment as follows, depending on the
payments each member has made:

Payment(s) Made by Class Member Supplemental Points Allocation
1. Paid both the Special Assessment and Maintenance Fees for both 2010 and 2011
1. Will receive Supplemental Points equal to Class Member’s 2010 Points

2. Paid the Special Assessment, but did not pay Maintenance Fees for both 2010 and 2011
2. Will receive Supplemental Points equal to Class Member’s 2010 Points

3. Paid Maintenance Fees for either (but not both) 2010 or 2011, but did not pay the Special Assessment
3. Will receive Supplemental Points equal to Class Member’s 2010 Points

4. Paid Maintenance Fees for either (but not both) 2010 or 2011, plus the Special Assessment
4. Will receive Supplemental Points equal to 2x Class Member’s 2010 Points

5. Paid Maintenance Fees for both 2010 and 2011, but did not pay the Special Assessment
5. Will receive Supplemental Points equal to 2x Class Member’s 2010 Points

Members of the Settlement Class who paid nothing toward the Special Assessment and paid nothing toward 2010
and 2011 Maintenance Fees will not receive any Supplemental Points

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As I read the table it looks as if those who paid annual fees and paid the special assessment will get a single allotment of supplemental. Whereas people who paid maintenance fees but declined to pay the special assessment will be rewarded by receiving a double allotment of supplemental points. So not only does the second group pay less, they get a bigger reward in the settlement.

That doesn't make any sense - unless, perhaps, the plaintiffs who filed the suit might happen to fit into that category?????

Also the supplemental points are essentially surplus time, since they can't be booked more than 90 days in advance. So this will mostly be filling up the property when it would otherwise have vacancies.

aleksir said:

I don't know what you're reading but the way I read it I get an additional week since I paid the assessment & both 2010/2011 MFs.

And I don't know how you value your week but I would say that mine is worth more than $25 to me.

Supplemental Points. If the Settlement is approved, certain members of the Settlement Class will be entitled to receive Supplemental Points under the Settlement. Supplemental Points will be allocated to eligible members of the Settlement Class based on each member’s 2010 Points (or weeks) allotment as follows, depending on the
payments each member has made:

Payment(s) Made by Class Member Supplemental Points Allocation
1. Paid both the Special Assessment and Maintenance Fees for both 2010 and 2011
1. Will receive Supplemental Points equal to Class Member’s 2010 Points

2. Paid the Special Assessment, but did not pay Maintenance Fees for both 2010 and 2011
2. Will receive Supplemental Points equal to Class Member’s 2010 Points

3. Paid Maintenance Fees for either (but not both) 2010 or 2011, but did not pay the Special Assessment
3. Will receive Supplemental Points equal to Class Member’s 2010 Points

4. Paid Maintenance Fees for either (but not both) 2010 or 2011, plus the Special Assessment
4. Will receive Supplemental Points equal to 2x Class Member’s 2010 Points

5. Paid Maintenance Fees for both 2010 and 2011, but did not pay the Special Assessment
5. Will receive Supplemental Points equal to 2x Class Member’s 2010 Points

Members of the Settlement Class who paid nothing toward the Special Assessment and paid nothing toward 2010
and 2011 Maintenance Fees will not receive any Supplemental Points

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Am I reading this wrong or what..
The ones that paid no assessment fee and no maintenance fees for two years owe nothing.
Those of us who paid the maintenance fees and the assessment get one week of timeshare use or points to be used through the exchange company.
Give me back my money...