# [2008] Festiva is now managing my resort, how bad is it going to get?



## tombo

I own a couple of weeks at a former Peppertree resort in North Carolina. Festiva took over the management from Wyndham of Blue Ridge Village after buying all of the Peppertree  (and I think Equivest) resorts. I figured what the heck, new management, new sales pressure, new people trying to recoup their investment.  Since I have fixed weeks ( which I like) at Blue Ridge Village, I figured it won't hurt me what ever changes they make. I searched Festiva here on TUG and found that there is a law suit against Festiva at the Atrium in St Maarten. Supposedly they raised MF's at the Atrium over 50% the first year and then again the second year while trying to change contracts to the detriment of  current owners.

This scared me so I called a board member today and asked if Festiva has mentioned raising our MF's, and I was told they were planning on upgrades and the MF's will increase. They also got a Festiva employee on the board  which is rarely good. 

In addition on the Festiva web site it said that a couple if the properties they purchased has additional land where they could build additional units, and BRV is one of those. This will add more people to the pool, tennis courts, fishing on the lake etc. I asked the board member if she had heard anything and she said they are planning on building additional units. I would have thought the current owners would own all the property and common areas since the resort was sold out years ago, but apparently not.

I am asking for input from anyone who has experience with Festiva taking over their resort to see if I need to sell and get out before they raise the MF's by a ridiculous amount. The Atrium could be an isolated event, but I am scared that it is actually Festiva's standard operating procedure. Hopefully some TUGGERS have some knowledge of Festiva.


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## bnoble

I own a couple weeks at Tamarack.  As far as I know, our board is entirely owner-driven.  Based on their campaign platforms for election, they seem like a pretty reasonable bunch---wanting to keep unit quality up, but to do so prudently.  As the management contract is (hopefully) under control of the board, I would imagine that mangement fees jacked up quickly might lead to Festiva getting kicked to the curb as the manager, even if they still have development rights.  That could be rose-colored glasses talking though.

Locally, things don't seem to have changed much (and they seem to be quicker at verifying my weeks for deposit, etc. than Wyndham was.)  I have noticed that transfers take a _LOOONG_ time, though.  I had to call Legal at Festiva a few times to get a transfer in before the flexchange period made the newly-purchased week more or less worthless to deposit this year.

Despite the incessant "convert to points" schtick, I get a better vibe from Festiva than I do Wyndham.


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## jercal10

I also own @ Tamarack.I am awfully concerned with the financial status.
a) spl ass 2 years ago since 20% of the people not paying MF's.
B) Little or no info since as to status of those units-are people paying?
c) Budget that they send us "pretends" all people are paying MF's
D) 2008 budget they sent us shows an apparent $400K loss--
E) Can't tell how much we are paying Festiva -- the budget categories were changed from prior years.

F) Those "nice people" on the board don't seem to have a clue as to how much in the hole we are.

Regarding Festiva -I've seen bad press here about spl assessments (2yrs MF) @ the Atrium in St Maaarten.


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## bnoble

I don't recall seeing the loss in the budget that I read.  Then again, I probably didn't read it that closely .


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## timeos2

*Things aren't always as they appear*



tombo said:


> This scared me so I called a board member today and asked if Festiva has mentioned raising our MF's, and I was told they were planning on upgrades and the MF's will increase. They also got a Festiva employee on the board  which is rarely good.



Sometimes having a Developer representative on a Board is the lessor of two evils. If they control enough votes they may be able to elect whoever they want (although often limited by law to a minority) - not good. But letting them have a seat gets their voice heard (they ARE an owner after all) while keeping the individual owner base firmly in charge. 



tombo said:


> In addition on the Festiva web site it said that a couple if the properties they purchased has additional land where they could build additional units, and BRV is one of those. This will add more people to the pool, tennis courts, fishing on the lake etc. I asked the board member if she had heard anything and she said they are planning on building additional units. I would have thought the current owners would own all the property and common areas since the resort was sold out years ago, but apparently not.



This is a common misconception. The property tends to be turned over to the Association as the approved or permitted buildings or common areas are completed. If a section has plans for a building or a pool or whatever but it isn't built for some reason most likely that parcel remains the property & under control of the Developer or their successors.  It is up to the Association Board to monitor those types of parcels and find out what the plans are or take action for the Association to obtain the ownership and/or use rights.  Often owners and even some Boards aren't aware that not all the property belongs to them.  

In some cases it can be extremely bad like Bluetree in Orlando where the clubhouse & checkin were never given over to the Association and Wastegate was able to come in and take over the building - throwing the owners out! They had to use a trailer for check in for years and then build a new building. Nice guy that slimy Seagull, huh? Always out for the owners.  

Haven't heard much positive about Festiva operations or management so hopefully your Board is on top of the change and stand ready to act regarding management if needed.


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## JLB

Well, how was it when it was Peppertree?

If it was anything like Peppertree here in Branson, it likely couldn't be any worse.


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## tombo

When it was Peppertree (and then Wyndham), the resort was rated Gold Crown and the MF's inc taxes were around $500 per year for a 2 bed room. Since Festiva came last year the resort was lowered to Siver Crown and Festiva has already said that they need to do some renovations and assessments will be necessary. The amount of the proposed assessments will (I assume) be revealed at the owner's meeting this summer. I would not be shocked if they wanted to raise our MF's too. 

From what I read Festiva assessed an amount equalling 200% of MF's  as soon as they took over the Atrium resort and increased MF's by 10 %. This is what scares me the most. As far as them changing my weeks by going to points, it will never happen because I will never swap my fixed weeks to points even if they offer to do it for free.


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## Carolinian

I remember Festiva's press release which also claimed that they ''bought'' Outer Banks Beach Club I and II, which was laughable.  These resorts were built by Peppertree, but after Fairfield (which later became Wyndham) took over from Peppertree-Equivest, the homeowner-controlled HOA boards booted out Fairfield as manager, dropped the ''Peppertree'' from the resort names, and hired well-regarded SPM Management of Myrtle Beach, an independent management company, not a developer/manager, to take over management.  All the people I know who own there are very satisfied with SPM which has done a good job in management.

While OBBC I and II acted when Fairfield showed up, rather than waiting for Festiva to come along, maybe it is now time for other former Peppertree resorts with homeowner-controlled boards to follow in their footsteps.  Having a developer also wearing a management hat is not a good thing in timeshare, as the potential conflicts of interest are too great.


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## rickandcindy23

Tombo, your board is still in charge.  Carolinian is telling you that it is the board's decision as to who manages your property.  You might consider taking a board position and work toward getting people on the board that will have the best interests of the owners in mind.  

One thing great about timeshare resorts that are built is they have options.  You obviously feel very strongly about this, which is how I was at Twin Rivers, so a board position sounds like it could be in your future.


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## bnoble

What's more, the management company can't dictate budget, upgrades, etc---that's the board's decision.  That is, unless the management company happens to have a majority on the board, which in this case they do not.


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## rickandcindy23

bnoble said:


> What's more, the management company can't dictate budget, upgrades, etc---that's the board's decision.  That is, unless the management company happens to have a majority on the board, which in this case they do not.



A management company would have no control whatsoever, because they are hired and chosen by the board.  The HOA would own all inventory and has control over it.  Any board that allows a management company to do anything more than day-to-day operations is not doing its job.  

It would be nice to hear what the board at Blue Ridge Village was thinking, when they wanted a developer as a management company.  I wouldn't have done it, but there must have been a reason for it.  

VRI has been getting some major criticisms lately, which is ridiculous because the board decides what work is important, not the management company, who can only propose upgrades and present proposals.


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## JLB

Never owned at a Wastegate resort, huh?!   

Mr. S picks the board; the board hires CFI Management; CFI Management runs the resort, Mr. S. owns/runs CFI Management.

& most owners look the other way, hoping for the best.


:hysterical: 



rickandcindy23 said:


> A management company would have no control whatsoever, because they are hired and chosen by the board.


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## tombo

I agree with everyone here, the developer and the mgt company should not be one and the same. I don't know exactly how it happened, whether Festiva bullied them into doing it, or whether the board could see nothing wrong with what is an obvious conflict of interest.

 I know Festiva is extremely aggressive and downright rude when they are trying to get you to come to their sales presentation. I went to try and get some information from Festiva when I was at the resort in December and they said I had to go to a Festiva "meeting" to find out about upcoming changes. I agreed, showed up at the agreed upon time, and they said where is your wife. I said she wasn't coming and they informed me that I couldn't talk to them without my wife. I said tell me alone or forget it. They said they couldn't and if she didn't come I would miss out on some important information. Later that day my cell phone rang and the woman asked me when could my wife and myself come to a "meeting". I told her never and she actually yelled at me and said that I ruined their schedule by showing up without my wife. I told her if I was going to a sales presentation that I should have been told so up front, I was told it was an informational meeting and I didn't need my wife at an informational meeting. She was yelling and irate and I just hung up on her.

What I have read about Festiva at the Atrium doesn't sound good, and my limited experience with them was horrible. I hope to make the annual meeting but it is a 9 hour drive each way and the meeting starts at 2 pm on Sat and I have to work until at least 5 pm on Friday. I think I might call the board president and see why (or how) Festiva became both the developer and the management company. From what I read they are now the Mangement company for most if not all of the former Peppertree locations they bought. It might have been in the purchase contract that they would be the management company although that doesn't sound like something they could have placed in the contract. Something is fishy because if any member of the board had researched Festiva  I can't imagine them being allowed to manage the resort.


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## jphillips131

Carolinian said:


> I remember Festiva's press release which also claimed that they ''bought'' Outer Banks Beach Club I and II, which was laughable.  These resorts were built by Peppertree, but after Fairfield (which later became Wyndham) took over from Peppertree-Equivest, the homeowner-controlled HOA boards booted out Fairfield as manager, dropped the ''Peppertree'' from the resort names, and hired well-regarded SPM Management of Myrtle Beach, an independent management company, not a developer/manager, to take over management.  All the people I know who own there are very satisfied with SPM which has done a good job in management



Festiva's press release and website also say that they manage Laurel Point in Gatlinburg, TN and Peppertree By the Sea in North Myrtle Beach, SC which is not true.  Both of these resorts are managed by SPM Resort, Inc.  Each resort has owners that belong to the Club but the major are owners with deeded weeks and their own boards.


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## JLB

Knowing an owner at another Branson resort that Festiva took over, I know that she is not happy with the way they treated her, pretty much trying to intimidate money out of her by saying she would not get what she had already paid for if she did not ante up.

And I would like to know the truth about why another company is now doing Stormy Point, not Festiva.

http://www.consumer.ago.mo.gov/Know...1=245 S WILDWOOD&addr2=&city=BRANSON&state=MO

http://www.bransoncabinrentals.net/details_nixon_suite.htm


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## bnoble

Nothing unusual about that.  That's the same pitch most RCI Points resorts are spewing---sort of the Spanish Inquisition of the timeshare world, Convert or Die!


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## gravityrules

JLB said:


> And I would like to know the truth about why another company is now doing Stormy Point, not Festiva.



It looks like Trading Places now has Stormy Point even though it still shows up on Festiva's website too.
http://www.stormypointvillage.com/

What is the 'Summer Winds family of resorts' mentioned here?
http://www.stormypointvillage.com/owners/family.asp

 JLB, is Stormy Point still expanding?


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## JLB

I'm fairly certain Trading Places is not the name of the company that owns what is now going up at Stormy Point (it still was last time we wandered by) and the common amenities.  An employee from there posted about it on the Branson Forum and I tried to find that thread yesterday.  I found that Trading Places site, too.

OK, here it is, and it explains why the Summerwinds:

http://www.1branson.com/forum/showthread.php?t=33963&highlight=stormy+point&page=2

While yur there, read that whole thread to see what the assembled mass thinks of TSing.   



gravityrules said:


> It looks like Trading Places now has Stormy Point even though it still shows up on Festiva's website too.
> http://www.stormypointvillage.com/
> 
> What is the 'Summer Winds family of resorts' mentioned here?
> http://www.stormypointvillage.com/owners/family.asp
> 
> JLB, is Stormy Point still expanding?


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## JLB

While reading those Festiva MO AG links, it occurred me that you could insert just about any retail TS sales operation, but, especially, the slimey, sleazy, scummy, scammy Wastegate.  They have just recently started laying it on thick, with $39 specials like the 50000 or so they run through their Orlando vacation mill.

Like Festiva, and others, they will likely find that the MO AG is not as coddling to that sort of operation as the FL officials are.  But, since MO AG Jay Nixon is heavy into his campaign for Governor, which I give him 3 to 1 odds of winning, perhaps WG has timed their efforts well, for their sake but not their victims.


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## gravityrules

JLB, that's a lot of reading to get to a couple of nuggets regarding Festiva!  So Festiva developed and sold some units at Stormy Point, while another developer (Summer Winds) is still actively developing/selling and owns the common amenities.  Interesting that the reason given for Festiva 'getting the boot' is a lack of customer service.  Apparently Summer Winds is associated with Trading Places for exchange and for management as well.  So how do these 'dual-ownership' situations work?  Are there 2 HOAs?  Is there one management group or 2?  Is there one sales team or 2?  Does the 'Festiva HOA' end up paying 'Summer Winds HOA' for use of common amenities?  Just curious how this typically works ...


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## Becky

I will attend the Annual Meeting. We already have reservations for the weekend. Email me privately.

Becky


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## JLB

My fault.  I meant to give the post number.

On the other hand, I meant for y'all to read that entire thread.  

Concerning dual ownership, since Wastegate bought out Grandvista here, we have that situation at the former Emerald Point and Cedar Ridge.

At Branson Yacht Club there are units sold by two different companies, Grandvista and Escapes, with WG now controlling Grandvista, and the entire resort still being operated by the original owner, the Heckman family of Rock Lane Resort.   



gravityrules said:


> JLB, that's a lot of reading to get to a couple of nuggets regarding Festiva!  ...


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## FestivaRep

*The truth about Stormy Point*

Regarding the situation at Stormy Point about the Summerwinds/Festiva relationship, below is from a letter that Festiva sent to all of their Branson owners about the change: (Also, while the check-in area has moved, all resort amenities are still available to Festiva owners).

_Monday, January 07, 2008

Dear Festiva Resorts Owner;

We would like to take this time to make you aware of certain changes that have recently transpired in Branson.  

Festiva Resorts has had a five year relationship with Summerwinds Resort Services, Inc., in which Summerwinds provided several services for Festiva at our Branson properties, including sales and marketing.  Festiva and Summerwinds have reached an agreement to end that relationship, which simply means that they will no longer be providing those services to Festiva Resorts.  

This change does not impact your membership in any way.  You are still a member with Festiva Resorts and will continue to receive all of your current benefits through Festiva Resorts as well as any additional benefits that we may offer in the future.  You will still contact the Festiva Resorts Owner Services department for reservation requests, maintenance fee payments and general usage information.  

We wanted to inform you of this change simply to clarify any confusion that may occur on your next visit to the resort.  If you have any questions or concerns, please contact the Festiva Resorts Owner Services department at 866-933-7848.

We thank you for your time and hope you enjoy your next visit to Branson.

Kind Regards,

FESTIVA RESORTS
_


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## FestivaRep

*RE: Festiva's acquisition of Peppertree, etc.*



jphillips131 said:


> Festiva's press release and website also say that they manage Laurel Point in Gatlinburg, TN and Peppertree By the Sea in North Myrtle Beach, SC which is not true.  Both of these resorts are managed by SPM Resort, Inc.  Each resort has owners that belong to the Club but the major are owners with deeded weeks and their own boards.



Actually, the press release does not claim that Festiva manages those resorts, it says that they were "involved in the acquisition."  As part of the acquisition from Wyndham, there were unit intervals that were acquired by Festiva at several resorts (including Laurel Point, PBS and OBBC) that are not managed by Festiva Management Group (FMG).  

This is the link to the press release on Festiva Resort's website:

http://www.festivaresorts.com/Industry_Release.pdf


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## tombo

An owner told me that it was said at the annual Blue Ridge Village meeting that having 3 out of 5 board members who are Festiva employees is irrelevant since Festive owns 80% of phase 2, the newest section, and can do what they want anyway because you (Festiva) own the vote.

First I can see nothing good from having a Home OWNERS Association allowing the developer's employees on the board. There is conflict of interest since they can't represent the owners while being employed by Festiva. Secondly how can you have 80% of the votes in Phase 2 by purchasing a sold out resort? Did Festiva take the votes away from all points owners? What kind of resort sells points as a wonderful thing and then the developer votes for all the owners who own points, doing whatever they want regardless of the OWNER'S WISHES. One of the head officers (I believe the president) of Festiva stood at the annual meeting and said we can do what we want, we have 80% of the votes in phase 2. How can that be? This resort was sold out when you bought it (I own a fixed week in phase 2 so I must be part of the 20%), how can you buy 80% of the vote?

Every resort Festiva goes into seems to receive the same treatment. Festiva wants to renovate the resort most owners are perfectly happy with by having the owners pay for the renovations festiva wants to help their sales. Festiva needs the glitter and flash of things like granite counter tops to sell your high dollar vacation club. I don't have granite counter tops in my home, I sure don't need them in my vacation unit, especially if I am getting assessed for it. I like BRV just like it is, it doesn't need any renovations. None of us bought a Marriott type resort, Festiva shouldn't try to turn it into one by fleecing the owners.


Most if not all resorts Festiva begins to manage can't operate any longer on the MF's the previous mgt company seemed to operate just fine with. A good mgt company reduces costs while continuing to provide quality services. If Festiva is unable to operate BRV on the current maintenance fees and without taking money from our reserves, we need to hire a more efficient mgt company. Obviously Wyndham handled it just fine for several years without raising the fees, why can't Festiva?

At the meeting it was said that Festiva would take back weeks that owners can't afford to keep if MF's increase and there are assessments. Duh! You increase the costs of owning, thereby running off owners, and you end up with free weeks to sell for $15,000 or $20,000. The resort is renovated by owners who love the resort and pay the assessments and increased MF's while Festiva ends up with many weeks to sell for free. 

I will be shocked if the only law suits Festiva has in the next few years are the ones in The Atrium in St Maarten and in Branson MO.

Thanks for coming to the forum and I look forward to your rebuttal.


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## Kozman

*Festiva*

Festiva is involved at Peppertree Atlantic Beach as well.  I too was invited to a high pressure sales (informational) pitch for Festiva points.  Basically, they said if I got into points my maintenance fees would be reduced about $100 per year and if I didn't my fees on my fixed week would go up at least 10% per year.  How they would know that without justification is beyond me.  Perhaps they have figured out a way to have fixed week folks to subsidize the points people?  They also said they were going to add new buildings that would be gold crown standard....big screen, granite counters, etc.  I basically told them I had NO interest and the salesman was rather rude and said obviously he had failed in his job since he didn't convince me of the merits of converting.  I do not have a good feeling about this whole adventure.


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## tombo

If you search Festiva through the TUG threads I don't believe you will find a single positive Festiva post other than the one by the employee. It is a shame to own at a sold out resort and have a group like Festiva come in with threats of higher MF's if you don't swap to points for 1000's of dollars. I bought a fixed week, I like my week, and I wouldn't swap it for points if they paid me. They either are low on capitol or poor resort managers because everywhere they go they have to raise the costs of owning. Who knows if Festiva and their vacation club will even exist in the next few years. They have only been in existence for a few years and seem to be amassing a lot of hate mail in a short period of time.Poor mgt and poor customer service will kill any business. Out of all the timeshare salespeople I have dealt with, the lady at BRV was by far the rudest. She actually called me and yelled at me because my wife refused to come to the sales presentation which I was told was an owners meeting detailing the changes at the resort. Hopefully Festiva will go broke and have to sell out to a company that cares about the owners.


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## rickandcindy23

This is very worrisome.  If Peppertree owned the amenities, then I guess they can "sell" them to Festiva.  It looks like this resort owners need to get organized and amass votes and hire a lawyer and see what you really own.  This is a scary thing, having this developer step in without owners' consent.  

The deeds/ documents for your resort, like by-laws and covenants, that paperwork, should have information as to who owns what.  If the amenities belong to the owners, then this company has no right to come into the resort and force people out.  Makes me so mad.   

You have a right as owners to ask for a full owners' list.  This might be your fight to start, Tombo.  Perhaps others will join in on the expense of a mailing or phoning owners.


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## tombo

We supposedly have a lawyer hired by the board to make sure that the amenities and common areas are ours. To secure that will be a big plus. I just can't see how they can buy a sold out resort and end up with 80% of the vote. I also don't know how they got so many Festiva employees on the 2 boards (phase one and phase 2) in less than 1 year. 

This is a great (older) resort that was never built or designed to have high dollar flashy amenities. It is rustic by design. Replacing furniture and repainting every few years is needed to maintain the units, granite counter tops are not and simply add to the wow factor when taking the uneducated on a tour of the rooms. They will say that all units are being renovated to look like the model units they will show and we will pay for the renovations so they can sell more points for higher prices. 

Festiva is being sued on St Maarten (the atrium) for allegedly adding an assesment equal to one years MF's and increasing MF's by 10% as soon as they obtained control against the majority of owner's wishes. Church Street Inn in Charleston had huge MF increases as soon as festiva took over. Festiva appears to make money from managing and renovating resorts on top of the money they make off of selling units they get from running owners off by using assessments and high MF's.It appears to be Festiva's game plan at all resorts they acquire. We need to find out how several resorts which were purchased by Festiva are somehow managed by companies other than Festiva. If we can get that done at BRV everything should be fine, if not Festiva might run a lot of owners off on their way to getting the resort renovated to their standards at our expense.

All of these problems plus they are going to build something like 80 new cabins on undeveloped land and put in an outdoor pool at a mountain resort with an altitude of 4100 feet. An outdoor pool might be swimmable for 2 months a year. The rest of the time the new people will get access to our indoor pool if Festiva has their way. Adding all those people to our pool, tennis courts, and lake for fishing and paddle boats will crowd up our amenities that weren't crowded before. 

You would think a sold out resort would be free from the developers, but Festiva has somehow found a way to mess things up


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## somerville

Your board may want to consult with the boards of Outer Banks Beach Club.  OBBC was able to get a new management company in the resort after Fairfield acquired Equivest/Peppertree.  SPM is the management company.  OBBC had to sue Equivest and Fairfield to obtain title to some of its common properties and to force the issue over who had the right to vote in elections, where title was held in the name of an individual owner, but beneficial interests were assigned to Equivest.


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## JLB

I had not known that an _official_ Festiva comment had been made here, until someone PMed me.  You have to take things posted on the Internet with a grain of salt, to look beyond the words and try to ascertain the motive.

All it does is muddy the water, as it contradicts what an actual active employee at Stormy Point has posted on the Branson forum.  If I was an owner, and read both, I would certainly not feel comfortable.

It also seems to be pointing a legal finger at Summerwinds, suggesting it is them who has gotten in trouble with the MO AG, since they were supposedly selling for Festiva the last five years.

All those links are provided in this thread, so everyone can review it themselves.

I have already said my 2 cents, which is information I have garnered from people who have had contact with Festiva since they came to town, primarily existing owners when they took over Cabins, and they say they have not been treated well by Festiva.  When they have gone to their own resort in their own weeks they have been high pressured by salespeople to fork over large sums of money just to be able to keep doing what they were previously doing.

In this day and age you cannot treat people poorly in business and have it not become well known.

It is stuff like this that puts a black eye on timesharing with the general public.  They don't care who did what . . . they just know to stay clear of all of it.

JMHO.


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## TUGBrian

Yikes...lets try not to kill the developer representatives that do decide its a good idea to interact with the community.

Do you seriously think its his or her fault for all your issues with Festiva?

While I am not saying dont post your opinion, you dont have to bite his/her head off...or they have no reason to stay and participate.


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## bnoble

"Convert to points or die" is hardly new, and hardly unique to Festiva.

I've got a couple of prime season weeks at a was-Peppertree is-Festiva resort that I like using myself, and happen to trade well.  I also own a little FSP, which has better or similar resorts in many of the areas Festiva now has fingers in.  So, I have absolutely no interest in converting at any price.

I can imagine that some folks who own offseason weeks might see some value in moving into points, depending on the precise details.

You have to admire the general approach.  After all, many of those owners were already bamboozled by some developer once, so unless they've learned from the experience, they're ripe for the picking!


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## gravityrules

I certainly hope that the developer rep doesn't take things personally. Everything I see in this thread is directed towards Festiva business practices not towards the rep.  An official voice is appreciated and welcomed.   I encourge FestivaRep to address the other concerns/issues raised in this thread.


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## rickandcindy23

When a company like Peppertree goes out of business (or whatever happened to them), what gives them the right to turn over their operation to another company like this?  When a resort is older and sold out, certainly the owners should be in charge????  How did this come about without knowledge of the HOA?  

I am asking this question as a member of an HOA board that is looking for possibilities for different management, and we definitely don't want a company with ulterior motives for our owners.  This is a frightening trend, and a really disappointing move on the part of someone who instigated this change to Festiva.  

I am concerned as a prospective owner, but I am also concerned as a timeshare owner that is seeing increasing fees all over the place.  It's quite negative for the timeshare industry in general.  

Tombo, time to join the board.


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## bnoble

The Peppertree resorts were generally already manged by Wyndham.   Many of them also had assets that were developer-owned (including, at some, land and/or the rights to build and market more units.)

It is not clear to me how the management contracts moved from Wyndham to Festiva.  I consider the move neutral so far.  Regarding fees, etc., I'm willing to wait and see.  The owner-controlled board at my specific resort seems to be saying the right things.  Saying and doing are different of course, but I have no reason yet to believe Festiva will be qualitatively worse than Wyndham, and in some ways has been better.


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## timeos2

*A sale can uncover unpleasant facts*

Not referring specifically to this situation but to common areas in general it is of utmost importance that owners - but especially the BOD- understand what exactly the Association owns vs what may remain under the use/control/ownership of the Developer or their successors.  All too often a close read of the resort documents can reveal that what the owners assume belongs to them actually remains the property of the Developer and can in fact be sold or use by owners restricted.  It can also be that easements or dedicated use rights may apply that can restrict owner control of areas of the resort. Often times it is not easy to sort out.  And a change in Developer can have unexpected repercussions. 

To best serve the individual owners ideally the Board (hopefully made up of representatives from those owners) will research the documents and have a clear picture of the Association property.  Then they will take steps to enforce the rights or to "fix" areas that may not have been dedicated to the use of all so going forward the amount of surprises by sale/transfer will be minimized. 

It is another reason those who think serving on a timeshare Board is a free vacation every few months for the members are in for a rude awakening should they take on the job.  Done correctly Board members should be proactive for owner rights and always looking for the best results for the Association as a whole.  Never take what a Developer or a Management company says as gospel. A good Board researches and acts on its own for the good of all owners.


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## JLB

As far as this being a real developer rep, I'm skeptical.  I have dealt directly with a lot of people in the industry over the last ten years, people who really are what they try to appear to be, and they wouldn't be caught dead on Internet forums.

Let's face it, we claim to pass on _information_ here, but really, really important people don't waste their time on what often amounts to a timeshare gossip mill, not all that unlike _Timeshare Beat_ in that respect.

My guess is that this _developer rep_ has no more standing than the Stormy Point employee saying opposite stuff on the Branson forum.

Real Festiva will have their day in court in Missouri, unless they settle beforehand.


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## TUGBrian

JLB said:


> As far as this being a real developer rep, I'm skeptical.  I have dealt directly with a lot of people in the industry over the last ten years, people who really are what they try to appear to be, and they wouldn't be caught dead on Internet forums.
> 
> Let's face it, we claim to pass on _information_ here, but really, really important people don't waste their time on what often amounts to a timeshare gossip mill, not all that unlike _Timeshare Beat_ in that respect.
> 
> My guess is that this _developer rep_ has no more standing than the Stormy Point employee saying opposite stuff on the Branson forum.
> 
> Real Festiva will have their day in court in Missouri, unless they settle beforehand.



and your guess would be wrong.


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## tombo

I tend to believe it was a Festiva rep from the response. I am not shooting the messenger, simply stating what I am worried about and giving them plenty of opportunity to respond. I told the rep that I eagerly awaited their rebuttal (which hasn't happened) because if they can show me that my fears and feelings are misguided then I would be very happy. I do not feel that I should give them a pass or sugar coat my questions or statements on a forum where we have the opportunity to expose things developers don't want us to know about.  I wouldn't know about the 2 law suits, the assessments, or the raised MF's at resorts they have taken over if it wasn't for TUG. 

The representative has plenty of reason to clear up misinformation or misconceptions to make Timeshare owners and Buyers here on TUG want to own at a resort they own or manage. I feel there has been no response for the same reason that many timeshare reps have nothing to say when we call their hand with real hard evidence, their smokescreens and mirrors don't work well with hard facts. The reason they came here is because it was announced at the annual meeting that there were negative posts about Festiva on TUG. I would love to hear his response , but it needs to be filled with facts rather than more of the typical developer's double talk.

 Cindy, I am considering running for the board next year, but if 3 of the 5 board members remain Festiva employees, what's the use? They will decide everything by a 3 to 2 vote. If Festiva does control 80% of the vote there doesn't seem much reason to spend my time and effort trying to watch out for the owner's rights as it can just be voted down by Festiva. 

Somerville you said:
"OBBC had to sue Equivest and Fairfield to obtain title to some of its common properties and to force the issue over who had the right to vote in elections, where title was held in the name of an individual owner, but beneficial interests were assigned to Equivest."
 Who ended up with the ownership of the common properties? What does it mean that the beneficial interests were assigned to equivest? Also who won on the issue of who has the right to vote in elections? The outcomes of these issues could be relevant to our situation at BRV.


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## jercal10

These internet boards serve as a vehicle for people with  a common cause to share information that is beneficial to each other.

For instance I've already saved $300 on the Nov 30 sailing of the Celebrity Solstice, which most travel agents still don't know exists.

I'm interested in knowing how Festiva is treating other resorts, to be prepared for what will happen @ Tamarack. Frankly I've never seen the bylaws of the resort, and don't know how Festiva ended up with the common areas and a "management fee". They also changed  many of the categories in the budget from prior years , and didn't give us a prior year  actual.I'm attempting via the board of dir. to get info.  My fixed week is already "PIC'D" into Wyndham points , so I don't need Festiva points. I don't need higher MF's for Festiva management fees , nor do I need more spl assessments.


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## TUGBrian

tombo said:


> The reason they came here is because it was announced at the annual meeting that there were negative posts about Festiva on TUG.



also not true.  (the reason the rep is here that is)


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## JLB

Wow!!!

Truly impressive then, that a really, really important person would take time out of his or her busy schedule, and spend it here instead, answering gossip.

Other self-serving really important people from the industry have not fared too well here.

But, how has it cleared the muddy water, that being stirred by the other Stormy Point really, really important developer employee on the Branson forum, and by this really, really important Festiva developer person?

I don't mean to sound totally discrediting, but you have to admit that the first two posts from a complete stranger sound pretty self-serving.  If it were me, serving me, I would expect some skepticism.

But, then, it is not uncommon for really, really important people to post on the Branson forum, answering questions about shows, attractions, resorts, restaurants, etc., amidst all the gossip.


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## gravityrules

A Public Relations spokesperson will state and possibly clarify the 'company line' released statements (exactly what's happened here) but may not offer much in the way of new information.  There may be some limited value in that, but the invitation here is for this forum to be a 2 way dialog, i.e. more like an informal town hall meeting.  JLB, I believe dialog is in the best interest of Festiva; refusing to discuss matters on a forum populated by folks passionate about TSing (I'm impressed by the # of TUGGERs who serve on HOA boards) just leads to further distrust.


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## Jya-Ning

If it is like what my commuity, general, the common area was set up to own by a psedu entity and benefit to that entity.  Than depends on the local government law, after the home sold out at certain %, it turn over to become under the HOA and all home owners will start their board.

I could be wrong, but at the last stage, I belive Equivest create a club that similar to WorldMark and put a lot of units in that club, so that club can be the owner of all the psedu entities.  Usually, they set up it so it has the similar or same name.  However, in this case, one problem is after a few pass through (Equivest to Wyndham to Fiesta), and with Club never be open to its member, none can figure out the actual % of the ownership, and the devloper can claim it is always under the % to turn stuff over, and claim they should enjoy the benefit.

Jya-Ning


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## caribbean

For what it is worth, I have visited two other Festiva resorts in the past two years and I have to say I WAS NOT impressed at all. We were at Windjammer Landing fall 2006. We were in a 4-5 year old unit that was in bad repair. There was a terrible leak in the roof rrunning all over the Living Room area. I called repeatedly over the 2 weeks we were there, but no one ever even bothered to come look, much less clean up the mess. The AC didn't work properly; they did come work on it, and it was better, but still didn't really work correctly. The stove in the basically new unit looked a refugee from a 20 year old travel trailor and I couldn't even use it because the knobs were missing. Not real impressed with the maid service. Left there with firm impressions to never return. Too bad becasue it could be a really nice place. But with bad management, it was gong down hill fast.

We just returned from SandyPort Beach in Nassau. VERY POOR. I understand that the ownership has recently kicked Festiva out. Never could get a straight answer on why, but since it appears that many of the same employees are still working there, I am not sure how much good it will do. SandyPort has really gone down hill FAST. They have too many maintenance issues to address here. Management was absolutely non-responsive. The fire alarm system went off repeatedly, at least 1-2 times every day over a 14 day period. Management was completely unconcerned, made no effort to have it repaired or even determine if there really was a fire or not. FD never responded, so I can only assume the alarm did not connect to the FD. Then when I kept complaining and called RCI, they simply cut the system off completely. How safe is that? The kitchen needed to be completely ripped out and replaced. I am used to seeing a few ants in the Caribbean, but the utter filth in the kitchen had the entire kitchen over-run with ants. Lots of other maintenance issues as well.

Can't help but wonder if this is representative on all Festiva Resorts. At this point I will not trade into any of their resorts in the future.


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## TUGBrian

JLB said:


> Wow!!!
> 
> Truly impressive then, that a really, really important person would take time out of his or her busy schedule, and spend it here instead, answering gossip.
> 
> Other self-serving really important people from the industry have not fared too well here.
> 
> But, how has it cleared the muddy water, that being stirred by the other Stormy Point really, really important developer employee on the Branson forum, and by this really, really important Festiva developer person?
> 
> I don't mean to sound totally discrediting, but you have to admit that the first two posts from a complete stranger sound pretty self-serving.  If it were me, serving me, I would expect some skepticism.
> 
> But, then, it is not uncommon for really, really important people to post on the Branson forum, answering questions about shows, attractions, resorts, restaurants, etc., amidst all the gossip.




I dont make a point to correct incorrect information without knowing the facts.  I met this person at ARDA...they contacted me about participating on TUG..and are now doing so with my blessing.

Continue to be skeptical all you want as it doesnt change the facts.

However look how this person has been treated in their brief tenure here.

Tombo has basically spit on Festiva and expresses his extreme distaste for the company and resorts as have a few others (now it may or may not be truthful and valid...thats not the point)

then we have both of you claiming you dont even believe this person holds any water with Festiva at all.

No wonder we cant get anyone to represent these developers on TUG given their treatment when they try to participate.  Its just not worth their time to come here and put up with that. (I certainly wouldnt)

If you truly want to try to change things...here is your chance to have direct involvement...dont make an enemy when you could make a friend.


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## jercal10

I ,like Brian, welcome facts and help.  I'm on another Festiva board on Yahoo and activity is nil as a couple of very negative posters have ransomed it as their personal place to rant & rave.

I was @ Tamarack , Wis Dells this winter , and didn't notice any decline in maintenance. Certainly our HOA budget doesn't reflect any planned cut in maintenance.

I also visited the Atrium in St. Maarten for a few hours from a cruise  ship stop, and it looked ok to me. My neighbors have stayed there twice this year and loved it.

I would welcome Festiva spokesman giving us insight as to future plans.


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## Holly

*I second that*

I own a summer fixed week in Atlantic Beach, and I'd sure like to hear from Festiva as well.  




jercal10 said:


> I ,like Brian, welcome facts and help.  I'm on another Festiva board on Yahoo and activity is nil as a couple of very negative posters have ransomed it as their personal place to rant & rave.
> 
> I was @ Tamarack , Wis Dells this winter , and didn't notice any decline in maintenance. Certainly our HOA budget doesn't reflect any planned cut in maintenance.
> 
> I also visited the Atrium in St. Maarten for a few hours from a cruise  ship stop, and it looked ok to me. My neighbors have stayed there twice this year and loved it.
> 
> I would welcome Festiva spokesman giving us insight as to future plans.


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## tombo

Tombo never said he didn't believe it was actually a Festiva Rep, please re-read. According to Brian I was wrong for the reason he came here, if so I stand corrected, that was my opinion on why they were here. I have not "spit" upon Festiva. I have direct questions and concerns about Festiva's actions at MY RESORTwhich they are now operating in a way that is unacceptable to many owners. I have welcomed a response from them on specific issues (which I am still waiting on). If they don't want to come here unless they are welcomed with open arms then they must not be used to handling customers. I deal with customers every day and I don't have the option to not interact if I feel they are being too hard on me or the company I work for. If my customers have complaints I listen, then I try to solve any problems they have to make them a satisfied customer. 

If there was a web site where my customers were expressing concerns and problems about my company I would gladly interact taking any grief (within reason) to listen, respond, and hopefully if it was within my power resolve their issues. I would at least explain my companies policies and hope they understood why we did what we did that upset them. I would try to use the forum to improve relationships with my customers and resolve disputes.  

My business complaints and customer's problems are handled on the phone, or face to face, and I have been yelled at and even called names, but I try to calm the people down and retain them as customers.I don't have the luxury of answering only the nicest customers and ignoring any customer that is upset.  I am trying to grow my business through satisfied customers who refer me to friends and family. I never of ignore complaints and problems because I need all of the customers I can get, and I need to keep them as my customers until I die or retire.

I have not said one bad word about a Festiva resort, only the things that Festiva does once they take over ownership or Mgt. I am now told that because of the way myself and a couple of other people treated them that they may not come back. I never said anything negative about the rep responding, in fact I said I look forward to his rebuttal. If he doesn't like my facts and questions and doesn't want to answer, that is not my fault. I started this thread and he is welcome to join it any time. As I said in another post, I would love for him to respond informing me that I am wrong and put my mind at ease. Whether what I am saying is truthful or valid is exactly the point. I own at over 20 resorts and have only had a complaint about one other developer or management company ever, and I discussed it with people here on TUG also.

If developer reps only want to come here to hear warm fuzzy responses and refuse to participate if the questions become things they don't want to answer, then they are not here for a true dialogue and no real help. If all they want to do is spew company rhetoric without answering any questions, I can go to a sales presentation and get $100 to hear the same thing. I welcome dialogue from any representative, but they need to address the problems this forum was started to address, otherwise why bother coming at all.


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## FestivaRep

Now that I've had a chance to look through all of your responses since my first two posts, I would like to take the time to tell you a bit about why I'm here.  I am a (female) employee of Festiva Resorts' corporate office.  The reason I am here is because (1) we are looking for ways to expand and improve our customer service and (2) our executives believe that it's important for us to become more involved in Online discussions about Festiva and timesharing in general, and we are looking for ways to utilize different Web media that are available today.  Me joining this forum is one of our first steps in this endeavor.  The goals we hope to achieve through this forum include listening to your concerns and providing factual information to help you better understand where we are coming from as well as dispelling any rumors or 'gossip' that may surface.  I worked in customer service for Festiva for a year and a half before taking a new position in a different department, so please trust that I do not take your grievances personally, and I certainly do not expect "warm fuzzy" answers.  

Also please know that if I do not respond right away to questions or posts, it is not because I am ignoring them or hiding from them.  Truthfully, at this time this is one very small (and very new) part of my job, and much of the time I'm spending on this project is in my 'personal' time because it is important to me (and those above me) to be able to participate in such informal conversations with members and owners.  Also, there are several issues and questions that do not  fall within my area of expertise in the company, so rather than giving you an answer that may or may not be entirely accurate, I think it's important for me to take the time to research the issue(s) and post a reply with facts that have been confirmed by our executives.  So for this, I ask for your patience.  

Currently I am reading through the issues and organizing them so that I can direct them to the correct people/departments and get accurate answers that I can share with the forum. I look forward to being active on TUG and helping any way I can while balancing my other duties and responsibilities. TUGBrian, I thank you for your support and appreciate you taking the time to jump in on the board here and help out a 'newbie.'

I look forward to many robust discussions!


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## FestivaRep

*RE: Windjammer & Sandyport*



caribbean said:


> For what it is worth, I have visited two other Festiva resorts in the past two years and I have to say I WAS NOT impressed at all. We were at Windjammer Landing fall 2006. ...
> 
> We just returned from SandyPort Beach in Nassau. VERY POOR. I understand that the ownership has recently kicked Festiva out. ...
> 
> Can't help but wonder if this is representative on all Festiva Resorts. At this point I will not trade into any of their resorts in the future.



This one I can answer.  The Windjammer Landing was not, nor has it ever been, managed by Festiva Resorts.  We simply provided sales and marketing services for them.  The condition of the resort was therefore not under our control.  

Festiva has not been affiliated with Sandyport since early 2006.  Basically, the contract expired and we did attempt to negotiate a new contract; however, Festiva and the developer at Sandyport were unable to come to terms on a new management agreement.  The developer resumed management of the resort in April 2006 so anything that has happened there since then does not reflect Festiva's management.  

One thing that may help many of you is an explanation of the different divisions of Festiva Resorts, as we have our development company, and we have our management company.  Sometimes both are involved in one resort, sometimes it's one or the other, and it seems that the responsibilities and duties of each may not always be clear to members or outsiders. If anyone is interested in understanding more about that aspect of our company, I can begin working on an article for TUG's advice section about just that.  

Thank you.


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## rickandcindy23

FestivaRep, that would be very helpful, if you write an article for TUG.  

Of course, the questions here are never meant to be an attack at all.  I do have questions.  

I actually did buy at Blue Ridge Village, where Tombo owns.  I wanted a week that has a high quality rating with Interval, and that is what Blue Ridge will do for me.  I know the trading power is good with the week because an owner let me log in to her II account to see what I can get in trade. I was very impressed.  So I bought a two-bedroom summer week from eBay for $1.00.   

My question is basic.  I just want to know how a resort can not belong to owners and be turned over to another company so easily.  It seems like it isn't in the best interests of the owners, who believe they are being managed fairly by one entity, then suddenly a different company comes in with a high-pressure sales pitch, and the need to take over the HOA because they own more votes.  This isn't in the best interest of current owners of an older resort, and Blue Ridge Village is older.  

I was hoping that this resort would be exempt from developer lies and the endless calls to come to the sales tour.  Yet tombo had to deal with this at his beloved home resort.  

I am all for new resorts, but as an HOA board member of an older resort, Twin Rivers in Fraser, CO, I am starting to worry about changing management companies for these reasons.  Of course, there is no way that our resort can expand that I can see, but what if a new company came in and decided to develop the land on the other side of the road, which is vacant.  They could make our resort a literal ghost town by selling something better on the other side of the road.  Some HOA's might think that going along with the conversion of Twin Rivers at the same time would be a good thing, but to me, that would be bad for us.  I am afraid that an HOA has too much power and can literally push itself aside by making a decision to turn current deedback inventory to this developer for conversion, then other owners will follow suit, and pretty soon you have a resort that is in a points system that savvy owners know is not worthwhile at all.   It is amazing how many owners can be duped into buying something that is "better."  

Again, this isn't personal at all toward you, and I appreciate that you are taking on a tough job here.


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## FestivaRep

*RE: BRV Gold Crown Status*



tombo said:


> When it was Peppertree (and then Wyndham), the resort was rated Gold Crown and the MF's inc taxes were around $500 per year for a 2 bed room. Since Festiva came last year the resort was lowered to Siver Crown and Festiva has already said that they need to do some renovations and assessments will be necessary. ...



RCI's crown ratings are based on the resorts' performance and standards for the previous year.  RCI's crown rating went from Gold to Silver in 2007, so that was based on the resort's ratings for 2006, prior to Festiva acquiring the resort as the acquisition of the Wyndham/Peppertree resorts did not occur until the end of July 2007.  Thus the need for renovations is a result of the loss of the Gold Crown status under the previous management company.

Further, while the resort's Gold Crown category was lost by 1/10 of a point, RCI made it clear to Festiva when we took over the resort that this resort would not be able to win Gold Crown status back without proper renovations.

Please let me know if you have further questions about this.


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## elaine

*welcome festiva rep*

I am glad that you are here. We welcome your putting together an info sticky about Festiva. Elaine


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## FestivaRep

gravityrules said:


> I certainly hope that the developer rep doesn't take things personally. Everything I see in this thread is directed towards Festiva business practices not towards the rep.  An official voice is appreciated and welcomed.   I encourge FestivaRep to address the other concerns/issues raised in this thread.



Thanks, Gravity...again, working in customer service in the past, I know better than to take things personally.  I'm here to help, and in order to do that I have to hear all sides of it.


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## somerville

I for one am very suspicious of any developer participation in these forums.  I am a Festiva Adventure Club points owner and a former Equivest Vacation and Travel Club points owner.  I converted my EVTC points to Festiva last year.

I have participated in the Yahoo Equivest - Peppertree Owners group for several years.  Earlier this year, a Festiva employee joined our group.  The user was later banned from the group.  It was also reported by one of our Yahoo group members that Festiva's General Counsel contacted his employer about the employee's use of the employer's e-mail to send a complaint to Festiva.  I found this rather petty conduct for the general counsel of a company.

As a company, I find Festiva very poor when it comes to communication.  Communication to owners is almost non-existent.  When Festiva first acquired Equivest last year, I signed up for Festiva's e-mail list.  I can count on one hand the number of e-mails that I have received.  Most have been trying to sell me something.

Festiva customer service has been very difficult to reach in the past.  I have spent an hour on the phone before.  At the end of the hour, I received a message that the call would be terminated, but that I could leave a message for someone to return my call.  When transferred to the voice mailbox, I received a message that the mailbox was full and my call was terminated.  I haven't tried calling back lately.

It has taken Festiva several days to respond to e-mail messages.  However, I have made contact with a few Festiva reps who do provide responsive service.  I have also found Festiva's management responsive to my e-mail messages.

Festiva Adventure Club IT systems are obviously dated.  There is no way to check inventory or make reservations online.  It can take several days to obtain a week to deposit in II.  This is a downgrade from EVTC, where you could initiate an II exchange online.

With respect to the issue of Festiva employees serving on resort HOA boards.  I find this to be an inherent conflict of interest, since the employee board members have an interest in keeping Festiva as resort manager.  If the developer does not own a majority of the timeshare units, the majority of the board should be owners, and management/developer employees who are directors should abstain from voting on matters involving Festiva's management or development of the resort.


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## JLB

Dear Ms Festiva:

I welcome you also.  Let me explain myself, and a bit about Internet forums.  I have been here around 10 years, have been and am on other forums.  I'm in the neighborhood of 30,000 Internet posts.

Whatever forum I've ever been on, when someone new comes along, with a I'll call it _suspicicous_ name, and their first two posts are self-serving, it is customary on most forums to challenge them.  I did that, and you have told us more about yourself.

Although Brian got a little testy with me, challenges like mine serve a purpose as they normally ferret out uncredible posters.

If Ricardo Montaudon showed up as _RCIRep_ and his first two posts said, "We never rent weeks from the Spacebank," and "Our fees will never go up again," he would be challenged.   

So, having gotten that out of the way, and since you are requesting topics to address, how does Festiva stand regarding the situation with the Missouri AG and Cabins at Green Mountain?


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## FestivaRep

somerville said:


> As a company, I find Festiva very poor when it comes to communication.  Communication to owners is almost non-existent.  When Festiva first acquired Equivest last year, I signed up for Festiva's e-mail list.  I can count on one hand the number of e-mails that I have received.  Most have been trying to sell me something.
> 
> Festiva customer service has been very difficult to reach in the past.  I have spent an hour on the phone before.  At the end of the hour, I received a message that the call would be terminated, but that I could leave a message for someone to return my call.  When transferred to the voice mailbox, I received a message that the mailbox was full and my call was terminated.  I haven't tried calling back lately.
> 
> It has taken Festiva several days to respond to e-mail messages.  However, I have made contact with a few Festiva reps who do provide responsive service.  I have also found Festiva's management responsive to my e-mail messages.



Regarding Owner Communication, we typically send resort-specific e-mail newsletters and FAC newsletters on a quarterly basis in the winter, summer and fall.  In the spring of each year, we mail our Annual Report in place of e-mailed newsletters.  These were mailed the first week of May 2008, and the next round of e-mail newsletters will be sent out at the end of June/early July. Other than those regularly scheduled updates, we send out any urgent announcements or specials that resorts wish to advertise for our owners on an as-needed basis.  If you are not receiving the above, you can send an e-mail to myemail@festivaresorts.com with your name, address, home resort, and current e-mail address to ensure that your contact information is up to date in our system.  Please keep in mind that the above e-mail address is not for customer service or account issues, only for updating contact information.   

In January 2008, we sent an e-mail to all of our members about our Owner Services department experiencing an extremely high call volume, resulting in hold times that were exceeding 30 minutes. 

Fortunately, over the last month they have seen a dramatic decrease in the wait time for callers trying to reach their department for account information, maintenance fee payments and reservations. They have increased their staff, and during the first half of May, the average hold time for calls was less than four minutes.


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## FestivaRep

*Festiva IT*



somerville said:


> Festiva Adventure Club IT systems are obviously dated.  There is no way to check inventory or make reservations online.  It can take several days to obtain a week to deposit in II.  This is a downgrade from EVTC, where you could initiate an II exchange online.



Just a quick response to this - our reservations software is actually just over a year old.  The software company we use is creating programs for us based on our club product, what we need to be able to do, and what we want our members to be able to do.  With our recent growth over the last year, there have been many changes in our IT department and they are working with the software company towards having account information and reservations available in real time Online.


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## FestivaRep

*RE: Equivest Yahoo! Group*



somerville said:


> I have participated in the Yahoo Equivest - Peppertree Owners group for several years.  Earlier this year, a Festiva employee joined our group.  The user was later banned from the group.  It was also reported by one of our Yahoo group members that Festiva's General Counsel contacted his employer about the employee's use of the employer's e-mail to send a complaint to Festiva.  I found this rather petty conduct for the general counsel of a company.



While I do not know who the Festiva employee was that joined your group, I am aware of the group member who 'reported' the information about our General Counsel going to members' employers, and I would like to provide the facts about that situation.  

This was a member of Peppertree/Equivest who was approached for an upgrade and ended up demanding back the money he had spent with Peppertree/Equivest years ago. Obviously, Festiva could not compensate for his purchase with another company; however, he chose not to accept our answer. 

While he didn’t directly threaten physically harm to anyone, he threatened to “report” us and engaged in personal attacks against several employees, mostly via e-mail. He threatened to have the government monitor all of our communications with him.  He claimed our e-mails were being monitored as he works for the government in his county of residence.  His complaints escalated, and he complained to the NCAG and the MOAG making outlandish and incorrect statements. 

In response, we provided factual information to the member and both AG offices in writing.  *Both the Missouri and North Carolina AG offices consider the complaints ‘closed’ or resolved.*  Our General Counsel wrote a letter to both the County Manager and County Attorney in county where the member resides and works.  The County Attorney was very concerned about what the member was doing, particularly using county property and threats, and they did a secret investigation of him.  We do not know what, if any, disciplinary action has been taken against him, nor are we involved in any legal actions or disputes with him.  It was shortly after this that the post in the Yahoo! group about our lawyers going to members' employers appeared.


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## FestivaRep

JLB said:


> ...Whatever forum I've ever been on, when someone new comes along, with a I'll call it _suspicicous_ name, and their first two posts are self-serving, it is customary on most forums to challenge them.  I did that, and you have told us more about yourself. ...
> ...
> So, having gotten that out of the way, and since you are requesting topics to address, how does Festiva stand regarding the situation with the Missouri AG and Cabins at Green Mountain?



I certainly appreciate the challenge, and my intentions were not to make my first two posts self-serving in any way, just to provide the facts and information related to posts on the forum.  Those two posts jumped out at me because I had quick access to the press releases and/or letters sent to members about both of those situations.

I'm sorry if my name sounds 'suspicious,' FestivaRep is actually the name Brian suggested when i was talking to him about joining the forum.  I personally think it's better than using a generic name and responding to posts without anyone knowing that I do represent Festiva.

Regarding the Missouri AG, I will do research and provide an update, but it may not be until next week.  I just want to make sure you don't think I'm avoiding your question.


----------



## somerville

FestivaRep said:


> ... While I do not know who the Festiva employee was that joined your group, I am aware of the group member who 'reported' the information about our General Counsel going to members' employers, and I would like to provide the facts about that situation.  ...
> 
> His complaints escalated, and he complained to the NCAG and the MOAG making outlandish and incorrect statements. ...
> 
> Our General Counsel wrote a letter to both the County Manager and County Attorney in county where the member resides and works.  The County Attorney was very concerned about what the member was doing, particularly using county property and threats, and they did a secret investigation of him.  We do not know what, if any, disciplinary action has been taken against him, nor are we involved in any legal actions or disputes with him.  It was shortly after this that the post in the Yahoo! group about our lawyers going to members' employers appeared.


The individual is not here to defend the allegations that you made.  However, even if true, I still consider the action of your general counsel to be petty.  The dispute was between you and the member, not his employer.  You stated there was no harm threatened.

Given many timeshare owners experiences with timeshare salesmen, outlandish statements appear to be the norm, not the exception.  So statements that you consider outlandish may in fact be true.


----------



## somerville

FestivaRep said:


> Just a quick response to this - our reservations software is actually just over a year old.  The software company we use is creating programs for us based on our club product, what we need to be able to do, and what we want our members to be able to do.  With our recent growth over the last year, there have been many changes in our IT department and they are working with the software company towards having account information and reservations available in real time Online.



Information regarding improvements to reservations systems are the things that owners want to hear about.  I have no recollection of receiving any communication from Festiva that such improvements are in the works.  If you really want to provide information to Festiva owners, why don't you go out on a limb and describe in detail the features of the upgraded reservations system  and provide a date for when the new system will be up and running.


----------



## somerville

FestivaRep said:


> ... In the spring of each year, we mail our Annual Report in place of e-mailed newsletters.  These were mailed the first week of May 2008 ....
> 
> In January 2008, we sent an e-mail to all of our members about our Owner Services department experiencing an extremely high call volume, resulting in hold times that were exceeding 30 minutes....


I did not receive the annual report.  Several Equivest owners mentioned the annual report on the Yahoo group.  I assumed that it was something just sent out to Equivest Vacation and Travel Club members, and since I converted to Festiva Adventure Club last year and didn't get one, I was not surprised.  The group comments I read about the report were that it provided very little financial information.  Is there a reason that Festiva cannot provide detailed financial statement to members, so that they can understand how their maintenance/membership fees are being spent?

My long waits on the phone occurred well after January.  I can't remember the exact dates.  I recall the e-mail you mentioned, but I thought it promised improvements long before May.

FYI, Festiva should have my correct contact information.  Nothing has changed since I became a Festiva Adventure Club member.  In fact, nothing has changed since I became an Equivest Vacation and Travel Club member.


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## Mel7706

*Festiva hopes to get you into their points scheme*

and turn over your deeded weeks buy joining the enhanced benefits of points.
I suspect you will go from a deeded week to RTU via their points. Have a bad finacial year and your deeded week and RTU could be gone. They were very obnoxious all three times they have called. Too few people want to get involved that is why peppertrre's mf are already $200+ more than a comparable resort in Atlantic Beach. Plus they probably scoop up the delinquent weeks(mostly off-season) and sell them as points. Soon they have the weeks peppertree had, foreclosed weeks and converted weeks. A majority of votes eventually gives them total control.  Just MHO!


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## tombo

I received a PM from Festiva rep telling me they would point me in the right direction to answer my concerns (customer service etc). I tried to respond in a PM in kind, but was blocked from sending my response by PM. So here is my response which I copied and pasted:

I am not shooting the messenger, thanks for responding. I have concerns for a resort I really like. If the assessments come I might have to sell because this resort is never going to be worth prices close to Marriotts or Hiltons. It is like my old Honda, I drive it every day and like it, but putting $2000 or $3000 into my old car would be foolish because after the investment I would have a car worth $2000 or $3000.

I would also like to know why the president (or one of the heads of Festiva) stood at the BRV annual meeting and said it doesn't matter if we have a majority of the board employed by Festiva in phase 2 or not, we can do whatever we want to because we have 80% of the vote in Phase 2. Do points owners not get to vote in Festiva? Is Festiva saying that there is not going to be a proposal submitted to the owners for the renovations that Festiva would like to do, estimated costs per owner sent to the owners for the proposed renovations, and then the owners (who will have to pay for the renovations )won't get to vote on whether we want to renovate the resort or not? 

How can Festiva anounce at the meeting that an assessment is not going to be necessary at first because you are going to use the money from the reserve account. I have read a copy of Festiva's letter to Atrium owners when you purchased it (I will be glad to e-mail you a copy)stating that the Atrium has operated without a reserve and Festiva was going to have to assess to establish a reserve fund as no resort can operate without one. Yet the first thing to do at BRV is raid the reserve to fund renovations (that the owners haven't even agreed that they want done), when by Festiva's own statements it is acknowledged that a reserve fund is needed to be fiscally responsible. Next of course will come the assessment because we need to establish a reserve fund as ours has been depleted.

 Festiva made it sound at the annual meeting like the owners will not have any vote or say in Festiva's planned renovations, new building plans, or any financial decisions including assessments and MF's.  It sounded like Festiva is simply going to do what they want. This country went to war over taxation without representation (remember Mother England and the Boston Tea Party). To come in to a resort that is running fine and announce at the annual meeting that Festiva can do whatever it wants in Phase 2 to the people who have paid for years to maintain and upgrade the resort has 2 probable outcomes, a war between the owners and Festiva will begin, or there will be a mass exodus of owners giving their weeks to Festiva raising the costs to keep the resort operating in the black for those that remain.

Can owner's services tell me that the president was mistaken when he announced that Festiva can do whatever it wants in phase 2 regardless of what the owners want? Can you tell me that man mispoke?
Can owners services tell me that there is going to be a vote on whether the owners want to renovate or not? Can you? Can owners services assure me that the reserve funds will not be touched as was stated at the annual meeting? Can you? Can owners services tell me that we aren't going to have a MF increase? Can you? Can owner's services assure me that Festiva will not charge more for MF's to weeks owners than they charge for Festiva Points owners? Can you?

Thank you so much for responding to me, but unless I am mistaken owner's services can't answer these questions, and because of your job you probably can't either. Please direct me to the correct place or person to have my above questions answered.

Thanks again for responding. The easiest thing would have been to ignore our comcerns, but you haven't done that.

Sincerely,
Tom


----------



## somerville

tombo said:


> ...
> I would also like to know why the president (or one of the heads of Festiva) stood at the BRV annual meeting and said it doesn't matter if we have a majority of the board employed by Festiva in phase 2 or not, we can do whatever we want to because we have 80% of the vote in Phase 2. Do points owners not get to vote in Festiva? Is Festiva saying that there is not going to be a proposal submitted to the owners for the renovations that Festiva would like to do, estimated costs per owner sent to the owners for the proposed renovations, and then the owners (who will have to pay for the renovations )won't get to vote on whether we want to renovate the resort or not?...


Points owners have absolutely no vote in Festiva.  That is the downside to many points systems.  Festiva Adventure Club members have to accept all decisions made by club management, which is controlled by the same group that develops, sells and manages most of the resorts.

It doesn't inspire much confidence in Festiva management when they make an announcement at the HOA meeting, which you attended, that Festiva can do whatever it wants.


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## tombo

Wow, no vote, that is depressing. I own in Phase 2 which apparently was 80% equivest points which are now Festiva points (I own a fixed summer week and never knew the points owners were that much of a majority). So the owners of Phase 2 now have to put up with any assessments, refurbishments, or increased MF's that Festiva feels like imposing. Festiva club members might have known that they didn't have a vote and that they had to accept whatever the mgt/developer wants to do, but I owned a fixed week before they showed up and I had no clue that I would be in this predicament. 

I assumed that the man wouldn't have stood at the annual meeting and said that they owned 80% of the vote and could do whatever they wanted to if it wasn't true, but I was hoping he was blowing smoke or mistaken. To own at a resort which I as an owner have no say in is unbelievable. If they assess, pay it or sell. If they raise MF's, pay it or sell. I have never even heard that owners at points resorts didn't have any vote in the resort or company. 

The fees owners have to pay and quality of the resort are now totally up to what the developer wants to do. Why do they even have a Home Owners Association if they are going to do whatever they want without even consulting the owners at the resort? I guess it makes uninformed owners like me feel like somone is looking out for us. Actually no one can do anything to protect the owners from the developer/mgt group because they have all of the power and all of the votes. 

I hate to do it, but depending on the increases they impose in MF's and assessments, I might have to sell a week I love because as an owner I will have no other recourse. 

It looks like Westgate can learn some things from Festiva.

P.S. I called Festiva customer service's 800 number today at 12 noon central time and I stayed on hold until right at 12:30 before I spoke to a live person. I would have just hung up but I became curious to see how long it would take. The person I finally spoke to was friendly and helpful but I don't think that they have solved their problem with wait times.


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## timeos2

tombo said:


> It looks like Westgate can learn some things from Festiva.



I doubt it. Wastegate DOESN'T hold the votes but goes ahead and does whatever they please anyway. Plus the resort was supposed to be turned over to owner control after 5 years or so - but to date they have never done so (its nearly 20 years old!) I'm afraid Festiva may still have some tricks to learn from the slime at Wastegate.


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## somerville

tombo said:


> P.S. I called Festiva customer service's 800 number today at 12 noon central time and I stayed on hold until right at 12:30 before I spoke to a live person. I would have just hung up but I became curious to see how long it would take. The person I finally spoke to was friendly and helpful but I don't think that they have solved their problem with wait times.


So much for last month's drop in hold times to less than 4 minutes as reported by FestivaRep in an earlier post.


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## jercal10

So---does anyone have something good to say about Festiva??


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## timeos2

*Anything good to say?*

Sort of. I've never had to deal with them or stay in one of their resorts. So I'm neutral about the good or bad they represent. They are not on my list to try so my opinion should remain as is.  I don't know if thats really positive but at least it isn't negative.


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## somerville

jercal10 said:


> So---does anyone have something good to say about Festiva??


FestivaRep does, but she has been absent for several days.  Will we hear from her again?


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## bnoble

Given the her reception so far, I wouldn't think so.

And, that's too bad.  It can be useful to have someone like that willing to participate, but we tend to run them off with torches lit.


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## tombo

Nothing has been said here that can't be refuted by a company rep if we are mistaken and posting erroneous statements or half truths. I was hoping some pertinent facts would be presented to make me feel better about them managing our resort, but so far no relevant facts have been presented that make me feel better. I was told that the wait times for customer service were down to 4 minutes. I called Festiva's 800 number Thursday to ask about my account and I was on hold for 30 minutes. I was hoping she would say that we will have a vote or input as to whether we want to refurbish OUR resort by being ASSESSED rather than having Festiva decide to refurbish and assess for us. No response yet but I am waiting. I was hoping she would tell us that MF increases weren't coming, but once again no response. I was hoping she would answer about possibly changing their proposed outdoor pool at their new planned development at BRV to an indoor pool because of the short season at 4100 ft altitude. I was hoping she might answer why Festiva puts so many employees on the HOA's, because I don't own at another resort (out of over 20) that has a single developer/mgt co employee on a single HOA. Myself and others have these and more pertinent questions we want to ask her in a civil, professional manner. I look forward to her continued interaction with us, Festiva owners, about our concerns and hopes for the future of our resorts.

Just wondering, what kind of reception should we have given her? After she showed up should we have started saying we love Festiva? Should we lie and say we only have a very few minor problems with their mgt, but overall it is great? If a Westgate rep shows up on a Westgate thread, should everyone quit posting their true (negative) feelings about how they feel they are treated as owners? No one was rude to the rep. Everyone (including myself) said we welcomed her input but that we wanted answers to questions about how they were running our resorts and what (if any) rights we were going to have as owners. She said herself that she expected to be asked hard pertinent questions and that she didn't take our grievances personally. She also said that if we didn't hear responses from her for a while it would be because she was researching our questions to give us the right answers. If she doesn't return I don't think it will be because of the way she was treated, I think it will be because after researching her facts she will have nothing to say that we want to hear, or even worse nothing Festiva wants to put in writing.

I started this thread because I wanted to hear from people who had been Festiva owners for several years how bad it was going to get at my resort because I hadn't read a single positive response about Festiva anywhere on TUG. The annual meeting at BRV where an officer of Festiva stood and said we can do whatever we want in Phase 2 because we control 80% of the vote did not give me the feeling that they cared about the owner's wishes at all. I still haven't read a positive response about Festiva other than from the rep. Festiva Rep has a chance through diclosure and candor on this forum to change that perception. I welcome her responses with facts that will show that they are actually commited to their owners rather than totally looking for ways to make money at the owner's expense.


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## dmbrand

*Currently at the Tamarack in the Dells...*

We purchased this unit sight unseen during the Wyndham to Festiva transition in 2007.  I have watched threads concerning Festiva over the past 6 months, anticipating the worst, as our vacation got closer.  So far, so good for our situation.  This resort is a very pleasant surprise; well kept unit and grounds.  The sales office is not in operation as of this time, so I don't think we will be contacted during this week.  We are off for a day of activities, but if anyone has any questions, I will check back here at night.
Dawn


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## JLB

Same here, m/l.  In my comments about them I am just the messenger, delivering the feelings/experiences of others I have contact with.  Pretty much what the Internet is all about, gossip/inuendo/repeating other reports, etc.



timeos2 said:


> Sort of. I've never had to deal with them or stay in one of their resorts. So I'm neutral about the good or bad they represent. They are not on my list to try so my opinion should remain as is.  I don't know if thats really positive but at least it isn't negative.


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## JLB

I believe she will be back.

Unless, like other official representatives who have tried using the Internet to further their cause, the legal department puts an end to it, after weighing the pros and cons.

Given the things MsFestiva has said so far, acknowledging the need to do some repair work and improve image, things in this threads indicate that that is correct, that Festiva understand they have a problem they need to work on.

That's a first step most in the industry have not taken.

There is a lot of this in the timeshare world . . . we really need to improve our image . . . but the problem is in how to do that.

JMHO, but I believe it is in the way each and every rep conducts themselves with each and every consumer contact, not by letting that go on as always and then try to put a spin on it.  Electronic communication being so prolific and immediate, each account of abuse in daily operations goes a long way to undo PR efforts.

Until the character and nature of the timeshare industry makes that change, and an amount of time passes so that that change is apparent, nothing will really change.

The rub I see is that the type of people it would take to do that are so repulsed by the industry that it will never happen.  In a casual social setting with another TUGger couple and their neighbor last night, discussing another (unsavory) neighbor who sells timeshares here, someone said, why don't you sell them?  The other TUGger and I, both with sales backgrounds, both agreed that we could never do that . . . go to work to try to get $25K out of people, so we could put $5K or so of it in our pockets, knowing that folks who already own can't even get a buck for the same thing on the Internet.

There are some serious, deep-seated problems with the industry that time and exposure will only make worse.

I believe most in the industry believe that trying to address those problems puts a focus on it, making it worse, drawing even more attention to the bad that is being done, so that their PR efforts wind up doing more harm than good.

JMHO.   



bnoble said:


> Given the her reception so far, I wouldn't think so.
> 
> And, that's too bad.  It can be useful to have someone like that willing to participate, but we tend to run them off with torches lit.


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## JLB

In line with that last post, as a practical example, *what is Festiva doing about resales?  What efforts are being made to assist owners who wish to sell, so that they will get something approaching what thay paid when they bought?*


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## bnoble

There is a difference between reasoned discussion and attack.  To be fair, most of the posts here have been pretty tame compred to some of the stuff we threw Madge's way.

You have to understand that a company rep is not going to do anything beyond, let alone contradicting, the company line.  Despite that, it is useful to have a conduit for our concerns, as well as some insight behind the curtain.  So, if you want to keep such reps around, you do have to be a bit more circumspect in your posts.  If you don't, then don't worry about it.  She may stay anyway, but few others have.

Asking this:


> what is Festiva doing about resales? What efforts are being made to assist owners who wish to sell, so that they will get something approaching what thay paid when they bought?


is going to only raise the issue, but you sure as heck aren't going to get a response that we haven't already heard rumblings of on streettalk, etc.


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## bnoble

Here's another way of saying what I'm trying to get across:

We all have lots of frustrations---large and small---with the way the timeshare industry operates, and particularly how developers operate.  A company rep is not going to change any of these in the short run, and it's worth distinguishing asking for information/insight and raising awareness of issues from a much less productive venting now that we finally have "one of them" here.

Not drawing that distinction reduces value for all of us.  For example, I'm of the opinion that no longer having Madge here is to our detriment.


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## tombo

Festiva announced at the annual meeting that they will take back owner's weeks for free. That means the developer on one hand is saying that the units are worth little or nothing, but when they own the same week they got for free it will magically become worth $15000 to $20,000. I don't think that qualifies as helping the owners sell their weeks. 

In the past you were able to tell the office you wanted to sell your week and they would try to help you sell your week. My first week purchased here was from the office telling me that Joe Doe wanted to sell week xyz, and here is his phone number( I was staying on RCI trade and asked if they had any resales).  Recently I called the office and said if things get too bad I might see if ya'll can help me sell my weeks. I was told that Festiva heard that they had been doing that in the past and told them that they were not allowed to do that anymore. They said if an owner wanted to sell his week his name should be given to Festiva and no one else. I feel sure from the annual meeting that means they will offer to take the week for free. 

JLB I think this will answer your question about what they are doing to help the owner's sell their weeks, nothing. I n fact they aren't only not helping owners sell weeks, they are preventing them from selling weeks in a manner which has been done at BRV for years.


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## somerville

bnoble said:


> Given the her reception so far, I wouldn't think so.
> 
> And, that's too bad.  It can be useful to have someone like that willing to participate, but we tend to run them off with torches lit.


Not necessarily too bad.  The only Festiva owners on this forum do not have a lot of positive things to say about Festiva at this time.  If her purpose is to spin a favorable impression of Festiva, without acknowledging problems or attempting to resolve them, then she is just using the forum for the purpose of marketing Festiva.  If that is the case, we are better off without her participation.  JMHO


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## JLB

I ask the resale question because it is a good litmus test.  If there is nothing in the offing for that inherenet weakness in the industry, there is really nothing new being offeredl.

Owners are still on their _own_, once their money is taken.  Perhaps that is why those who have timeshares are called _own_ers.  

I am still waiting for a timeshare company to come up with a real solution, like *when an exisiting owner notifies us that they wish to sell, we will add that week into our retail inventory, and sell it for them for full retail, taking just a small administrative fee, because we have already made our commissions and profit on it once.*

Don't hold your breath.


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## gravityrules

JLB said:


> ...
> 
> Owners are still on their _own_, once their money is taken.  Perhaps that is why those who have timeshares are called _own_ers.
> ...



For the sake of discussion, are you really an 'owner' if you've bought into a points program where you have no deeded property?  Aren't you really just a 'member'?  Is that part of the explanation of why the 'members' have no say in assessments, etc?  Diamond seems to be set up that way with the 'trust' actually holding title (and presumably voting rights) to the property.  Is Festiva's points program structured similarly?


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## somerville

gravityrules said:


> For the sake of discussion, are you really an 'owner' if you've bought into a points program where you have no deeded property?  Aren't you really just a 'member'?  Is that part of the explanation of why the 'members' have no say in assessments, etc?  Diamond seems to be set up that way with the 'trust' actually holding title (and presumably voting rights) to the property.  Is Festiva's points program structured similarly?


You have to understand that Festiva has both points and deeded weeks owners, plus all of the orphaned Equivest Vacation and Travel Club members.  So if you want to distinguish between owners and members, Festiva has both.  I am a member and Tombo is an owner.  Tombo's problem is that he owns a deeded week in a phase of Blue Ridge Village that has a majority of intervals in the points program (Festiva Adventure Club), and Festiva management told him at an annual owners  meeting that Festiva had total say in that phase of the resort.  The other deeded weeks owners were out of luck.

Yes, Festiva Adventure Club intervals are supposed to be held in a trust for the benefit of "members".  However, members have no voting rights in the club to elect officers or directors, so Festiva management has total control.  Since Festiva controls the voting rights of all those intervals, where it has a majority of votes at an annual HOA meeting, it can elect all of the board members and control the resort.


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## gravityrules

It seems to me that a developer could pool all un-sold inventory in the 'club' (newly developed, defaulted, and owner give-backs) with whatever is already 'club' or points inventory from sales and retain control of the development indefinitely.  That's quite a clever way to never have to deal with those annoying HOAs.   If you also have a management arm, how convenient that you never have to account to the 'owners' or 'members'.  The existing 'members' can be the cash cow to fund the 'enhancements' and 'expansions' necessary to fuel the ongoing developer sales.  There's an inherent assumption in this business model, i.e. 'the developer knows best'.  Perhaps companies that excel in customer support and satisfaction can convince 'member's of this;  for companies that are not so customer focused, it's not much of a stretch to see that this business model  can lead to an utter disdain for members or owners once the sale is made.


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## abdibile

I bought a Atlantic Beach Villas week that is now managed by Festiva.

They where fast charging the $ 75 resort transfer fee from my credit card after receiving a copy of the deed an told me that I am not in their accounting system as an owner.

But I could not prepay 2009 maintenance fees to deposit with II because I was not in their reservation system as an owner.

This is the situation since more than 5 weeks.

Does that feel right?

Any experience in this regards?

Thanks!


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## tombo

Gravity Rules description is exactly how I see Festiva operating. The current owners pay to upgrade the resort and it's amenities so Festiva has more valuable points to sell. Festiva wants granite countertops because it will help them sell more points, so they assess the owners. Festiva wants new furniture, new paint, repaved roads, or any other thing they think will help it sell more points and they assess again. The owners can pay the assessments, sell their weeks/points, or give them back to the developer. Unfortunately, there is no vote taken to see if the owners (who actually pay for the improvements) want to refurbish or not. I wouldn't mind if there was a vote and the majority of owners said let's refurbish. I would vote against refurbishing personally, but I would have no problem paying the assessment that was voted for and passed by the people paying for the renovations. If owners had a vote it would be based on estimated costs presented by the home OWNERS association, allowing an informed decision after weighing the costs versus the benefits.

With the developer in charge of the resort they will want the best of everything (landscaping, amenities, furnishing, etc) to make their points sell easier. The upside is the resort will be maintained well. The huge downside is that there is no one in charge who is looking out for the owners rights or expenses. Assessments can be levied at will and at any amount the developer chooses with the owners not having any choice in the matter. If the mgt company at your resort is not keeping costs under control, you can't change companies because the developer is the Mgt company. If the staff is unfriendly or unresponsive to owners needs, too bad because the HOA is controlled by the developer, and the developer is the Mgt company. 

I am not sure if the "owners" of Festiva points even own their weeks. Someone said earlier that many points organizations are right to use. I can't imagine why anyone would buy at a resort like this if they were in possession of the facts that they would have no votes on how their resort is managed, no votes on the budget or management company at their resort, and if they knew that they will end up as a member with a right to use week (no ownership in the resort) that they have no control over whatsoever. If you aren't going to own or have any rights as an owner, why not rent and save the outlay required to purchase? Neither a renter or "owner" will have any say so in the operation of the resort, but at least the renter can just stop renting if expenses get too high, and a renter will never be assessed.


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## bnoble

> This is the situation since more than 5 weeks.
> 
> Does that feel right?
> 
> Any experience in this regards?



They can be very slow in getting a transfer done.  To speed things along, I found it helpful to find out who in legal handled my resort, and called them approximately once a week until the transfer went through.  It took about 2-3 calls.


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## FestivaRep

*back on the board*

Just an update since there's been some speculation...

I've been out of the office for the last five days, and I'm catching up on the threads, as well as a few hundred e-mails and my other job responsibilities.  I have not disappeared from the board, but I may not be on actively again until later in the week.  

Thanks...

Also, just an FYI RE: getting in touch with Owner Services / hold time- If you call at noon or near lunchtime, the hold time will inevitably be longer than it is earlier in the morning or later in the afternoon as there are more people trying to get through during this time.  Different times of day are busier than others, and sometimes it's a game of chance just as it is when you call your cable company, electric company, etc.  Their hold time has improved greatly since January, but as with any call center or customer service department, the call volume varies depending on the day of the week as well as the time of day.


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## FestivaRep

*RE: Annual Report*



somerville said:


> I did not receive the annual report.  Several Equivest owners mentioned the annual report on the Yahoo group.  I assumed that it was something just sent out to Equivest Vacation and Travel Club members, and since I converted to Festiva Adventure Club last year and didn't get one, I was not surprised.  The group comments I read about the report were that it provided very little financial information.  Is there a reason that Festiva cannot provide detailed financial statement to members, so that they can understand how their maintenance/membership fees are being spent?



If you did not receive an Annual Report, you can contact the Owner Services department and they will send you one, or you can send an e-mail to myemail@festivaresorts.com to request one.  

The reason we do not provide financial information in our annual report is because we are a privately held company and are not required to publish such information.  Also, each year the maintenance fee invoice for each resort and/or club details how said fees are being spent.


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## FestivaRep

somerville said:


> Given many timeshare owners experiences with timeshare salesmen, outlandish statements appear to be the norm, not the exception.  So statements that you consider outlandish may in fact be true.



Actually, those that he attacked were not our salespeople, they were employees of the corporate office that this member never actually met personally.


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## FestivaRep

somerville said:


> Not necessarily too bad.  The only Festiva owners on this forum do not have a lot of positive things to say about Festiva at this time.  If her purpose is to spin a favorable impression of Festiva, without acknowledging problems or attempting to resolve them, then she is just using the forum for the purpose of marketing Festiva.  If that is the case, we are better off without her participation.  JMHO



I will copy/paste below from a previous post about why I am here.  I do not work for our sales and/or marketing division and am not here to promote Festiva.  We do hope to acknowledge problems and attempt to resolve them on this forum; however, keep in mind that this is not something that can happen overnight.  It will take time for me to organize your concerns, address them to the appropriate people and/or departments and provide a response and/or solution.  In all honesty, you may not like the response or solution to every single issue, but I will do my best to provide as many facts as I can so that you can have a better understanding of the reason(s) why certain things happen.  

_The reason I am here is because (1) we are looking for ways to expand and improve our customer service and (2) our executives believe that it's important for us to become more involved in Online discussions about Festiva and timesharing in general, and we are looking for ways to utilize different Web media that are available today. Me joining this forum is one of our first steps in this endeavor. The goals we hope to achieve through this forum include *listening to your concerns and providing factual information to help you better understand where we are coming from as well as dispelling any rumors or 'gossip' that may surface.*_


----------



## somerville

FestivaRep said:


> Actually, those that he attacked were not our salespeople, they were employees of the corporate office that this member never actually met personally.


I never said they were timeshare salespeople  You have misquoted me.  I said that many timeshare salesmen make outrageous statements, so that what was alleged could have in fact had an element of truth.   Can you assure me that Festiva salesmen or contractors NEVER misrepresent the facts?


----------



## somerville

FestivaRep said:


> Also, just an FYI RE: getting in touch with Owner Services / hold time- If you call at noon or near lunchtime, the hold time will inevitably be longer than it is earlier in the morning or later in the afternoon as there are more people trying to get through during this time.  Different times of day are busier than others, and sometimes it's a game of chance just as it is when you call your cable company, electric company, etc.  Their hold time has improved greatly since January, but as with any call center or customer service department, the call volume varies depending on the day of the week as well as the time of day.


Since there are 5 time zones in the US, which Noon or lunch hour are you referring to?

Why don't you tell us what times of day are the best to call, since you appear to have the statistics?


----------



## somerville

FestivaRep said:


> The reason we do not provide financial information in our annual report is because we are a privately held company and are not required to publish such information.  Also, each year the maintenance fee invoice for each resort and/or club details how said fees are being spent.



No one asked for your financial information.  Members want to see how THEIR funds are collected and spent (in detail).  I am told that basic information was lacking from your report.


----------



## somerville

FestivaRep said:


> I will copy/paste below from a previous post about why I am here.  I do not work for our sales and/or marketing division and am not here to promote Festiva.  We do hope to acknowledge problems and attempt to resolve them on this forum; however, keep in mind that this is not something that can happen overnight.  It will take time for me to organize your concerns, address them to the appropriate people and/or departments and provide a response and/or solution.  In all honesty, you may not like the response or solution to every single issue, but I will do my best to provide as many facts as I can so that you can have a better understanding of the reason(s) why certain things happen.
> 
> _The reason I am here is because (1) we are looking for ways to expand and improve our customer service and (2) our executives believe that it's important for us to become more involved in Online discussions about Festiva and timesharing in general, and we are looking for ways to utilize different Web media that are available today. Me joining this forum is one of our first steps in this endeavor. The goals we hope to achieve through this forum include *listening to your concerns and providing factual information to help you better understand where we are coming from as well as dispelling any rumors or 'gossip' that may surface.*_


So far we haven't seen many facts come from Festiva.  There are a number of questions/comments on this thread that remain unanswered.  I will reserve judment on whether Festiva's participation in this forum is beneficial until you have been given a resonable time to address these issues.


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## jercal10

Guys: like it or not, Festiva  is managing your resort. Why not give the rep a chance , and be civil??? We are certainly not going to gain anything by not being civil. But maybe blowing off steam is what makes you tick. If so, good luck!!!!


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## TUGBrian

agreed...there is a difference between being skeptical about certain activites and or responses...and being downright rude.

noone is forcing or paying this representative to be here...she is doing this in addition to her full time job.

I wont tolerate members being rude to other members, and I certainly wont tolerate it towards someone who came here in an effort to represent his or her organization in direct response to some of your comments, complaints and questions.  This is the main reason these representatives are run off after such brief stays.

I get the feeling that some of you wouldnt be pleased until some organizations change every single policy they have until its run exactly how you feel it should be...and anything short of that is unacceptable.

There is no rule against an organization representing themselves on the forums, and in fact its encouraged...provided they do not violate the no advertising rule.  I have not see this rep do so, but I have seen some TUG members come dangerously close to breaking the be courteous rule.

Future rude or non courteous posts will be deleted.


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## FestivaRep

somerville said:


> No one asked for your financial information.  Members want to see how THEIR funds are collected and spent (in detail).  I am told that basic information was lacking from your report.



As I said, that information is included in the maintenance fee invoices each year.


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## FestivaRep

somerville said:


> Since there are 5 time zones in the US, which Noon or lunch hour are you referring to?
> 
> Why don't you tell us what times of day are the best to call, since you appear to have the statistics?



Our Owner Services department is located in Asheville, North Carolina and operates on Eastern Standard Time, which is noted anywhere their hours are posted including all correspondence sent to owners and members and our website.  

The phones are typically slower and it's easier to get through later in the week (Thurs. - Sat.) and early to mid-morning and late afternoon during the day (usually when most people are working or commuting).  This may vary and I can't guarantee that you'll get through on the first ring every time during these times, but this is based on the call volume statistics that our phone system records.  Mondays are consistently the highest call volume day of the week.


----------



## somerville

FestivaRep said:


> As I said, that information is included in the maintenance fee invoices each year.


Since I save everything I get from Festiva Adventure Club (and Equivest Vacation and Travel Club before Festiva) that I receive, I pulled my file and looked at my invoice for 2008.  Other than an amount due for 2008, there is no financial information on the Club included on the invoice, and there was no other financial information that I received with the invoice for 2008.  I do not believe it is unreasonable for members to expect to receive a year end financial statement showing receipts and expenditures, along with a budget for the upcoming year.


----------



## somerville

TUGBrian said:


> agreed...there is a difference between being skeptical about certain activites and or responses...and being downright rude.
> 
> noone is forcing or paying this representative to be here...she is doing this in addition to her full time job.
> 
> I wont tolerate members being rude to other members, and I certainly wont tolerate it towards someone who came here in an effort to represent his or her organization in direct response to some of your comments, complaints and questions.  This is the main reason these representatives are run off after such brief stays.
> 
> I get the feeling that some of you wouldnt be pleased until some organizations change every single policy they have until its run exactly how you feel it should be...and anything short of that is unacceptable.
> 
> There is no rule against an organization representing themselves on the forums, and in fact its encouraged...provided they do not violate the no advertising rule.  I have not see this rep do so, but I have seen some TUG members come dangerously close to breaking the be courteous rule.
> 
> Future rude or non courteous posts will be deleted.



You don't identify those posts that you consider rude.  I know that my posts can be blunt and to the point, but everything that I report or question is based upon years of experience with Equivest and now Festiva, and it has nothing to do with how I think Festiva should be run.  If you think they are rude, please let me know, and I will quit posting on TUG.  No one is paying me to participate in this forum either, and I also hold a full time job, in addition to other volunteer positions that I hold, including being a director of a timeshare HOA.


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## TUGBrian

It doesnt take a brain surgeon to identify which posts I am referring to.

If I felt they were too far out of line...you wouldnt see them anymore.  I have now provided my second warning about being courteous in this thread.  There wont be a 3rd.


----------



## Jya-Ning

FestivaRep said:


> In all honesty, you may not like the response or solution to every single issue, but I will do my best to provide as many facts as I can so that you can have a better understanding of the reason(s) why certain things happen.
> 
> _The reason I am here is because (1) we are looking for ways to expand and improve our customer service and (2) our executives believe that it's important for us to become more involved in Online discussions about Festiva and timesharing in general, and we are looking for ways to utilize different Web media that are available today. Me joining this forum is one of our first steps in this endeavor. The goals we hope to achieve through this forum include *listening to your concerns and providing factual information to help you better understand where we are coming from as well as dispelling any rumors or 'gossip' that may surface.*_



Welcome, based on your response, I will guess there will be more Festival employees willing to come here to make commnuication effort?

If that is the case, wouldn't a seperate forum for Festival be more helpful, so more aspect can be asked in seperate thread?  That is, if assume the guess is correct.

Jya-Ning


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## tombo

I look forward to Festiva Rep's response to my numerous questions and concerns (which I started this thread to address). So far I haven't received a response but I assume that I will get responses from her after she does some more research.


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## Mel7706

*Has anyone been to the conversion sales meeting?*

I am curious what a Festiva point is worth and how many for a summer beach week.


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## somerville

Mel7706 said:


> I am curious what a Festiva point is worth and how many for a summer beach week.


My recollection is that the developer sells them for around $3 per point.  You don't see many resale points, as Festiva has not had its points system in place for that many years.  However, the few resales I have seen are for pennies per point.

As for the number of points required to reserve a summer beach week, it varies based on size.  2BR beach weeks in the Carolinas are generally 4,500 to 5,500 points, depending on the resort.  Most of these beach resorts are older properties.


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## Becky

I would like to thank the rep from Festiva for being on Tug. I have been out of town and out of touch with Internet so I am a little behind the threads. I am presently posting from a library. Planning to catch up this weekend when we return home.

I do want to thank you again for being on Tug.

Becky


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## ace2000

I also would like to thank the rep from Festiva for participating.  

My experience with the call center is that the VERY best time to call is right after they open in the morning.  I've called twice in the morning and got through very quickly both times - with about a 1 or 2 minute hold time.  I've also tried calling in the middle of the day (several times), and usually ended up getting "mysteriously" cut off after waiting for over 45 minutes.  

So I highly recommend calling right when they open.

Scott


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## abdibile

Really much appreciated by lots of "more quiet" users here on TUG that you are here and trying to help, FestivaRep!


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## tombo

Mel wanted to know how much a festiva point is worth. Here is 4200 of them for sale so we will see. I don't have a clue as to how many points it takes to book a beach week, but maybe someone else can tell you since I own fixed weeks. So far no bids with only 2 hours and 48 minutes left, so someone can get them cheap if they want them. 

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&ssPageName=STRK:MEWAX:IT&item=250256279005


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## gravityrules

tombo said:


> Mel wanted to know how much a festiva point is worth. Here is 4200 of them for sale so we will see. I don't have a clue as to how many points it takes to book a beach week, but maybe someone else can tell you since I own fixed weeks. So far no bids with only 2 hours and 48 minutes left, so someone can get them cheap if they want them.
> 
> http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&ssPageName=STRK:MEWAX:IT&item=250256279005




Hmmm, closed with no bids ...


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## rickandcindy23

Hmmmm.......why would that one close with no bids.  And why no information as to what points are worth?  Point values are arbitrary with no knowledge of what the points will do for you.  

Maybe the Festiva rep can answer the question about the worth of 4,300 points.


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## tombo

To be fair, even though the auction for 4200 Festiva points ended without a single bid, the opening bid price was extremelly high at $199. If they had started the opening bid at $1, who knows.........


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## Mel7706

*Festiva points are fairly new and*

folks may be reluctant to buy into something with very little track record.


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## bnoble

Another festiva owner sent me a scanned-in copy of the point charts.  My recollection was that my summer Tamarack weeks were much better off unconverted, even if conversion were free.  I'd get better bang for the buck as rentals or straight exchanges than in Festiva's point system.

Unfortunately, I don't think I kept them around.  Perhaps someone else can help us out.


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## FestivaRep

If you send an e-mail to myemail@festivaresorts.com with your name and home resort, we can send you an updated points chart by e-mail or regular mail.


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## FestivaRep

*RE: Festiva employees on BRV board*

I had a brief and informal chat with our president yesterday, and he was asking about my experience on the forum so far.  I was telling him about some of the concerns that have been posted, and he gave me an answer for the question about why there are Festiva employees on the HOA board at Blue Ridge Village.  They simply took the spots on the board that were previously held by Wyndham employees.  

I hope that answer helps, and I'm still looking into some of the more specific concerns to provide detailed answers.  When most of the people who have the answers I need are executives who are traveling to our resorts on a regular basis, it can be tough for me to pin them down, which is why this is taking time. I appreciate your patience, and I appreciate the support of all of those who have welcomed me to the forum.


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## FestivaRep

Jya-Ning said:


> Welcome, based on your response, I will guess there will be more Festival employees willing to come here to make commnuication effort?
> 
> If that is the case, wouldn't a seperate forum for Festival be more helpful, so more aspect can be asked in seperate thread?  That is, if assume the guess is correct.
> 
> Jya-Ning



Initially, I will be the only one actually responding on the forum.  I have been and will continue to share the posts and concerns with our owner services department and our executives; however, at this time I will be the only one active on the board.  I would welcome a separate forum for Festiva owners, but I think that would be ultimately up to TUG.


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## TUGBrian

If there is enough traffic to warrant it...I would happily create a festiva specific forum.


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## Jya-Ning

TUGBrian said:


> If there is enough traffic to warrant it...I would happily create a festiva specific forum.



Probably will take a while to have it.  Last I know, they have 35,000 owners total.  And their new point system has about 5,000 members.  So I doubt most of the deed owner will have enough questions for the company. 

Jya-Ning


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## somerville

Here is a link to a press release issued the other day by the Missouri Attorney General regarding a settlement with Festiva over false and misleading sales tactics:
http://ago.mo.gov/newsreleases/2008/Agreement_with_Festiva_Resorts_LLC/


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## rickandcindy23

Interesting article, but what did they do that sets them apart from any other developer?  I think I have a case against a few other developers. :rofl:  

I am suprised Fairfield/ Wyndham doesn't get sued multiple times a year.   The front-end schedulers threaten owners into attending presentations, the salesmen make promises they don't keep, and they change benefits all the time.  

I wish the information in this article was more specific because this sounds so typical.   I don't think Festiva is innocent, but I do think other companies are just as guilty.  How many more lawsuits are going to follow, and does this set a precendent for Branson presentations, then possibly other resort areas?


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## tombo

I am surprised that so many TUGGERS have the attitude that all timeshare developers do that, what's the big deal? The old adage of 2 wrongs don't make a right sure rings true here. I guess when the Savings and loans went broke because of poor banking practices, it was OK because they all did it. If the whole industry is lying to sell their timeshares then they all need to be prosecuted and pay restitution. When you hit them in the wallets, you will make them realize there is a downside to outright lies and misstatements, and perhaps some reform of the Timeshare industry could occur. 

Barring prosecutions by more states many companies will continue to market in an illegal manner. This is one of the big reasons that timeshares have little or no resale value. The public perception of timeshares is that there are seedy people building and selling them. People have heard too many horror stories from friends and relatives of people buying weeks they never could actually use because they couldn't trade into Hawaii  and prime ski season like they were promised. Too many people have been pressured into something that they can't afford or use. Unlike many other timeshare developers who we know use illegal sales practices, it has been proven in court that Festiva used deceptive and false sales tactics, and Festiva was ordered to pay restitution and refunds to the people they lied to when they sold them weeks.

I am still waiting for answers to the many questions I posed to the Festiva rep if she ever comes back. The Missouri Attorney Generals office answered one of them for me already, guilty.


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## rickandcindy23

Tombo, I belong to the Fairfield Yahoo group and am amazed by the stories.  I don't think every salesperson lies outright, but I have experienced only a couple of honest ones myself.  I have heard so many lies, including a Marriott salesperson who said he "exchanges an exchange" with II.  

The biggest lies:

Orlando is the number one vacation destination (true), so it is also true that owning in Orlando gives you the highest trading power of any other area (false).  Every Orlando salesperson says that.  It's baloney.  But it feels true, when you don't know better.  I can see how people fall for that lie, especially when they are paying $99 a night for a hotel room for a family of four.  But when a knowledgeable timeshare owners says, "this was an easy exchange," the salesperson says, "you will never get back here again, because you got in with developer inventory."  Even worse, some salespeople say, "I will make sure you are BLOCKED from coming here again."   That was the Vistana salesperson named Todd who told us that.   

Some will say we shouldn't attend presentations because we are not going to buy.  I say, attend all of them you want, but when you tire of the insults and lies, assume they are all bad and don't go again.  I don't think I could drag Rick to another one.  I usually don't mind it, but then again, I am not the one that gets us out of there quickly, because I just ask too many questions.  Rick is the expert at cutting the salesperson off.   He is the one that I count on for that.  

Perhaps a newsperson or a rep from the state's attorney general's office should go to the presentations and catch the salespeople in the lies, but they just don't look out for us like that.  If they did, and the resorts KNEW they could be lying to someone who could sue them, they would change their ways.  Instead, timeshare is just a dirty word to those who hear rumors or had a bad experience themselves.


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## FestivaRep

*In response to the Missouri AG press release*

OK, here are the facts about this situation.  I know it's all over the Branson news, and not one publication who has written about it has attempted to contact Festiva for our side of the story.  Also, the MOAG's office agreed to send us any press release before it went to the media, and they did not do so.  So here's our official response with some facts that were left out of the AG's release:

During the time the Missouri Attorney General’s office (MOAG) allegations took place, Festiva Resorts had entered into an agreement with a third party company that provided sales and marketing services for Festiva Resorts in Branson. Any practices engaged in by that company that corresponded with the MOAG’s allegations are contrary to Festiva’s corporate policies.  

During the MOAG’s investigation, Festiva Resorts fully cooperated with their office. The relationship between Festiva Resorts and said company has since ceased, and Festiva Resorts no longer uses outsourced companies for any sales and marketing services at our resort sales centers.

To put numbers into perspective, during the nearly five years the third party vendor provided sales and marketing services to Festiva Resorts, the vendor saw in excess of 75,000 customers and generated approximately $125 million in vacation ownership sales.


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## pop2748

New to this board. Was searching for other Festiva owners having problems. Boy. Quite a few of us out here. 

Joined Peppertree several years ago just before Equivest took over. By the time we used the club and realized we would like more points, they were no longer available. 

Turned out the Fairfield deal was around the corner. That was a joke. Too many run ins with that bunch to write about. Still wanting to get more weeks at the beach we purchased small package of Fairfield points with the understanding Peppertree and Fairfield clubs would eventially be rolled into one. Are we laughing yet?

Next thing I know we're getting mail from Wyndham. You gotta be kiddin' me. Sure enough we were now dealing with whole new operation. Two vacation clubs. Wyndham and Peppertree. Paying two MF's. Had to use RCI to use one club's points to stay at other clubs properties. I would have given my right arm for the chance to go back to the good ol days of renting from realtors.

Last fall while staying at Peppertree we were informed that Fesitva had just taken over all of Peppertree properties. They tried all week to drag us into the sales room to tell us all the good things. Each time I informed them that this new deal just locked me into a life of having two vacation clubs. 

Last day we finaly caved and sat down with them. They surprised us and came up with a deal that rolled both of our memberships into a Fesitva membership. Having one MF was too good to pass up. 

We've been disappointed since. Making a reservation is nothing like they explained. Month after joining I called the salesman we had dealt with on his cell phone. He was to be our representative for all questions. He was going to be with Festiva for long time because they were such a great company. He no longer worked for Festiva. Wasn't happy with the way they worked. 

As has been posted on here already. You can't get through to them on the phone. Instead of spending some money and updating the system they seem very happy telling members to schedule their calls to fit Fesitva's schedule. 

Today I had phone call from their sales people. Package deal to get sales contacts. Two-three day stays at beach for $100+ with partial refund if friend attends sales meeting. I would have chance to talk to Festiva reps about my questions. 

Told her we had reservations in August and we'd just have meeting with them then. She didn't think that could be arranged. It had to be through package deal. Hmmmm. I have to drive 500 miles at $4 a gallon for gas and then pay for a condo to talk to them. 

Told her I wasn't interested and she more or less hung up on me. Yeah she said thank you but didn't sound real friendly when she said it. 

Right now. Today. This minute. I wouldn't recommend Festiva to my worst enemy.


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## tombo

Dear Festiva rep,

Since you no longer use outsourced sale forces I can only assume that the people who lied to me at Blue Ridge Village when I was asked to come to an informational meeting (which would explain to me the Festiva changes at the resort) in December 2007 were Festiva employees. I specifically asked if this was a sales presentation and was told that it was simply an informational meeting to explain the changes, and if I didn't make an appointment to find out about the changes that I would really miss out on important information that I would need to know about as an owner. I went to the front desk and when the woman came to get me she said where is your wife? I said she was packing up everything because we were leaving that day. She said get her here and I said she didn't need to be here because I handle all the timeshares and I was the only one they needed to talk about the changes with. I said she isn't coming, and if this is a sales presentation I don't appreciate being lied to and brought to the office under false pretenses. A man came out and said they just preferred both people to be there so they could answer any questions either of us might have. I said I have to check out within 30 minutes and I need to get back to the room to load the car. They said we will give you a late checkout, no hurry. I said my wife won't come so you can tell me about the changes or forget it. They said they couldn't and I left.

I got to the room and told my wife that I was lied to and I didn't learn anything about any changes at BRV since they wouldn't talk to me without her.  I asked if she wanted to go and she said let's get packed, forget the meeting. We were checked out of the room shortly before the check out time, not one minute late, and through sheer luck none of the Festiva people saw me checking out at the front desk. I asked the front desk person to tell me the truth, I said was it an informational meeting I missed or a sales presentation. She said you missed a sales presentation.

I was driving down the road in Boone about an hour later when my cell phone rang. The Festiva woman was on the phone and wanted to know when me and my wife were coming to the meeting. I told her I had checked out,left the resort, and I wasn't coming back. She actually started yelling at me on my cell phone. She said I got you a late check-out and you aren't coming to the meeting! I said I checked out on time and the only reason I would have needed a late check-out was if I went to your SALES presentation.  I said I was lied to because I would never have agreed to come to your sales presentation, much less attend one with no offers of gifts or cash. She screamed we had gifts you would have found out about if you had showed up. I said I did show up and you didn't want to talk to me without my wife. She screamed that they had schedules to keep and I had screwed up their morning! I hung up on her and looked at my wife and said I have never had a timeshare person scream at me at any resort for any reason. She said she could hear her screaming even though my cell phone was to my ear. I was then, and am now, still amazed and offended by her rude behavior. This was the worst timeshare experience i have ever had, and out of all the lies timeshare salesmen have told me, Festiva has the only people who refused to even admit that this was a timeshare presentation when asked point blank. I asked specifically "Is this a timehare sales presentation?", and I was told that it was simply an informational meeting, not a sales presentation. 

I was lied to and screamed at by Festiva Sales reps. I wasn't feeling good at all about Festiva after my first interaction with Festiva employees. Then comes the annual meeting where one of the owners stands up and says that Festiva can do anything they want at the resort in phase 2 because they own 80% of the vote. He stood and said this after some owners expressed concerns over Festiva's pattern of increasing MF's and assessing at other resorts they managed. My first impression of festiva was horrible. The owner's rude reponse at the annual meeting made me feel worse.

 From June 13th until now not one response to my questions, but we now get a response trying to refute the restitution and penalties Festiva has to pay in Missouri by claiming it was all the fault of a 3rd party sales force. Who hired that sales force? Festiva hired them. Who was held responsible and is having to pay refunds and restitution? Festiva. Who was so rude to me at Blue Ridge Village? Festiva employees. Who lied to me? Festiva employees. Who will pay for the fines and restitution that Festiva owes in Missouri? I am afraid it will be passed on to us, the owners at festiva resorts. After all one of the owners of Festiva said that we have no rights because Festiva owns the majority of votes. Here comes the assessments and increased MF's, and of course we won't have a vote or voice in the matter even though we are owners.


----------



## gravityrules

FestivaRep said:


> OK, here are the facts about this situation.  I know it's all over the Branson news, and not one publication who has written about it has attempted to contact Festiva for our side of the story.  Also, the MOAG's office agreed to send us any press release before it went to the media, and they did not do so.  So here's our official response with some facts that were left out of the AG's release:
> 
> During the time the Missouri Attorney General’s office (MOAG) allegations took place, Festiva Resorts had entered into an agreement with a third party company that provided sales and marketing services for Festiva Resorts in Branson. Any practices engaged in by that company that corresponded with the MOAG’s allegations are contrary to Festiva’s corporate policies.
> 
> During the MOAG’s investigation, Festiva Resorts fully cooperated with their office. The relationship between Festiva Resorts and said company has since ceased, and Festiva Resorts no longer uses outsourced companies for any sales and marketing services at our resort sales centers.
> 
> To put numbers into perspective, during the nearly five years the third party vendor provided sales and marketing services to Festiva Resorts, the vendor saw in excess of 75,000 customers and generated approximately $125 million in vacation ownership sales.



No flaming intended but that's some spin!  The logic presented is flawed.

1. This is an agreement, Festiva agreed to these terms.  

2. Whatever you want to say about the MOAG doesn't change the facts.  Don't try to make the MOAG out to be the one with the problem.

3. The outsourcing argument doesn't fly, if it did Festiva's sub-contractor would be the one being sued and having to come to terms.

If Festiva is serious about this, then we should expect Festiva to sue this sub-contractor.  And while your into ligitation, sue every timeshare salesperson who engaged in the described practices.  I await your response as to the legal action Festiva will take against the guilty parties to recover what's paid out in this settlement.  I don't think the owners would be pleased to find that they have funded the settlement through increased maintenance fees.


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## somerville

FestivaRep said:


> ... Any practices engaged in by that company that corresponded with the MOAG’s allegations are contrary to Festiva’s corporate policies...


I can't imagine any company having a policy stating it will engage in false and misleading sales practices.  However, the real question is were these policies just given a wink and a nod?  All companies who hire third parties as agents are responsible for the actions of those agents.  Where was Festiva's compliance program for insuring that the company Festiva hired complied with its policies?


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## tombo

So for almost 5 YEARS the "third party" provided sales and marketing services to Festiva Resorts, and they were obviously upsetting customers with their lies and other allegedly illegal sales tactics. THESE UNHAPPY CUSTOMERS WERE CALLING FESTIVA TO COMPLAIN ABOUT THE SALES TACTICS THEY ENDURED. Long before most customers who were bullied and lied to (allegedly by a renegade  3'rd party sales force operating against Festiva's wishes for 5 years) called the attorney general, they called Festiva resorts to complain. Through the course of 5 years Festiva continued to employ this "3rd party" group who were doing these horrible things that were against Festiva's corporate policy while receiving many, many complaints of the sales tactics used by the hired help against corporate policy. Why did festiva not read the 3rd party company the riot act, explain to them the corporate policy, and try to satisfy the customers who were sold Festiva points against Festiva's company policy. Why wait to get mad at the 3rd party until the Missouri Attorney General gets involved?  Why not fire the 3rd party for not following Festiva's corporate policy? Why wait to provide restitution until forced to do so. Why complain about not getting press releases from the AG in advance(so you can spin a response deflecting blame to the 3rd party)?  After years of complaints to your office about the tactics being used by the sales force hired by Festiva, why not fire them before the AG had to get involved? Why not instead start caring about owners and potential owners at Festiva Resorts? 

I feel sure that we all know know why Festiva let the sales tactics they were so upset about continue so long without firing the 3rd party sales force because it is stated in the Festiva rep's response below:

""To put numbers into perspective, during the nearly five years the third party vendor provided sales and marketing services to Festiva Resorts, the vendor saw in excess of 75,000 customers and generated approximately $125 million in vacation ownership sales."



The 3rd party generated about $125 million in sales, and that is all Fesiva cared about. Of course they decided they cared about their customers and the sales tactics used to get the $125 million only after the Missouri Attorney General got involved. From the rude treatment I received from the "Festiva Sales Reps", I am pretty sure that nothing has changed but the people to blame when another Attorney General investigation comes.


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## pop2748

$125 million and the penalty is what? $300,000. Fibtiva laughing all the way to the bank.


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## SRSBranson

FestivaRep said:


> During the time the Missouri Attorney General’s office (MOAG) allegations took place, Festiva Resorts had entered into an agreement with a third party company that provided sales and marketing services for Festiva Resorts in Branson. Any practices engaged in by that company that corresponded with the MOAG’s allegations are contrary to Festiva’s corporate policies.




I represent a company with which Festiva had a sales and marketing agreement in Branson for the past few years.  I am not sure exactly the company Festivarep refers because there have been two companies doing sales and marketing for Festiva in Branson the past 5 years.  One is Branson Resources, LLC which Festiva owned 75% and the other ,My company Summerwinds Resort Services.  SRS was created in Feb. 2005 and all those persons who were part of the AG's lawsuit were sold Cabins at Green Mountain prior to that, by Branson Resources. All sales staff of Branson Resources had their paychecks signed by Festiva.

In 2005 Branson Resources was dissolved by Festiva.  In late Dec. 2007, the agreement between Festiva and Summerwinds was terminated by Summerwinds due to multiple substantial breaches by Festiva.  Festiva and Summerwinds are now in the middle of a lawsuit in which Festiva is suing for specific performance that Summerwinds and another company continue under the terms of the contract and Summerwinds and the other company is suing Festiva for $9million damages for the multiple breaches of contract.  Amongst those breaches are the damages caused by the customer service so many seem to have issue with. 

I know each will believe what they will, but I felt compelled to respond to the aptly designated "spin" from Festiva.

P.S. Our company has never sold the "Festiva Adventure Club" for Festiva, we sold Cabins at Green Mountain after 2005 and portions of Stormy Point Village all under the direction of Festiva.

                                                    While he did not write this, this information was given to me to post by the President of Summerwinds Joseph P. Joyce.


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## JMAESD84

pop2748 said:


> $125 million and the penalty is what? $300,000. Fibtiva laughing all the way to the bank.



Exactly, they simply see this a a reasonable cost of doing business.  And all the better when they claim no knowledge or responsibility for the wrong doing, by blaming roque third party operations. 

Show some real coroporate responsibility to ethical business practices.

My guess is that the settlement came with no addmission of guilt.

Get real.


----------



## tombo

SRSBranson, thanks for filling us in on information that sounds very interesting. You informed us that one of Festiva's marketing organizations was 75% owned by Festiva. Then you inform us that ALL the sales that were settled by the Missouri Atty General's office were sold by the company that Festiva owned 75% of, not your company. That to me is not a third party company in anything other than name. It wasn't Festiva selling the timeshares, but it was a company that was 75% owned by Festiva marketing for Festiva. If I owned 75% of a company I would call it my company since I can outvote the 25% owners on anything. Festiva had no problem informing us at our annual Blue Ridge Village meeting that they could do whatever they wanted to do at the resort because they own 80% of the vote. Those same Fesiva owners can't stop a 25% minority owner from marketing in a manner against their own corporate policy. I can see why Festiva agreed to the MOAG's terms because they know that they would have been crucified in court if this evidence had been presented to a jury. None of this is surprising considering what I have seen from Festiva so far. 

Why do you suppose that Festiva Rep never mentioned that they were the majority owners of the renegade "3rd party sales force" operating against their wishes? I wonder how the company that Festiva owned 75% of could operate for 5 years against Festiva's own corporate policy. Can you say scapegoat?


Festiva is suing your company (Summerwinds) to make you keep marketing their timeshares, meaning that they like the job you are doing. However, you do not want to continue selling for them for many reasons, but one of them is because of damages to your company because of Festiva's poor customer service. This is what we have been saying here all along. Festiva doesn't care about it's owners at all. Your company is guilty by association since you sell the weeks to owners and Festiva then treats the people horribly. You assure people at the sales presentation that they are buying into a wonderful company, and they instead own Festiva. Your company loses credibility and is open to being sued too since you marketed Festiva's weeks.

I hope your company wins it's 9 million dollars from Festiva and that your law suit puts them out of business. I am afraid that instead whatever you win will be passed on to us owners in the form of higher MF's and assessments levied by Festiva. Either way every time they get sued and lose their name gets out in the public. They want to treat owners like cr*p without the media reporting it. After a couple of public high profile losses, Festiva might have to sell, file bankruptcy, or do the unthinkable, treat their owners with respect, courtesy, and appreciation.

Thanks for coming to our forum and enlightening us on some facts that Festiva Rep didn't mention. I am sure that we all look forward to Festiva Rep's response to you. 

It is refreshing to have the president of Summerwinds respond rather than someone lower in the company who would become the scapegoat if things get rough. Joseph P Joyce, president of Summerwinds, went on the record to complain about customer service by a timeshare company, which is a rare thing in the timeshare world. All we usually hear from President's of companies involved with timeshares is that they had no idea what someone was doing, they are investigating the allegations, and if any wrongdoing is found to have occured the employee(s) (i.e. scapegoat) will be dealt with appropriatelly.


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## somerville

tombo said:


> ...I searched Festiva here on TUG and found that there is a law suit against Festiva at the Atrium in St Maarten.  Supposedly they raised MF's at the Atrium over 50% the first year and then again the second year while trying to change contracts to the detriment of  current owners...



The below bankruptcy notice was recently posted on the Equivest-Peppertree Timeshare group on Yahoo Groups and on StreetTalkBlog.com:

NOTICE OF BANKRUPTCY
By decision d.d. June 16th, 2008, the Court in First
Instance of the Netherlands Antilles, St. Maarten,
declared the bankruptcy of
FESTIVA RESORTS Int. N.V.
appointing mr. R.W.J. van Veen as delegated
judge and mr. F. T. Hiemstra as trustee.
Date, time and place for the first creditors' meeting
are still to be set. All creditors are herewith
requested to submit their claim against Festiva
Resorts Int N.V. to the trustee in writing and with
submission of evidence of the claim ultimately on
July 31 2008, at the following address.
mr. F. T. Hiemstra, Trustee
HBN Law
W.G. Buncamper Road 33
Philipsburg, St. Maarten
Phone: +599 542 22 72
Fax: +599 54243 81


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## Kozman

*Festiva Bankruptcy?*

Does anyone know how this bankruptcy affects other Festiva managed resorts.  Did the entire company file for bankruptcy or just that particular resort?


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## tombo

I am sure they will lose every suit filed against them because in my opinion they operate in an unethical, probably illegal manner. I would bet in this case that they are only affected at their St Maarten resort since the ruling was in St Maarten by a St Maarten court. When you operate in a less than honorable business manner, you cover your tail so getting caught in one area or one location won't put you out of business. I wouldn't doubt that they removed all the assets they could from that country in order to keep operating their greedy self serving business over here. I look forward to someone answering the question who knows more about the law suit.

If Festiva loses the 9 million dollar suit filed against them by Summerwinds, then the plague that is known as Festiva might be removed from our resorts. If they file bankruptcy and go out of business I can't imagine a company (other than Westgate) who would take over and treat the owners worse. For now I can only hope that Festiva loses all of the suits currently filed against them, that many more new suits are filed, and that they are driven out of business.


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## jercal10

Tombo:
Why don't you tell us how you real feel about Festiva!


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## Carolinian

I wonder how many of the old Peppertree resorts can do what Outer Banks Beach Club I and II did.  Their owner-controlled HOA's ousted developer managment and selected their own new management company.  Also several HOA's at the four resorts developed by First Flight Builders on the Outer Banks ousted developer management, with some going to an HOA-hired manager and some to third-party management companies.  

HOA's need to assert control, and let the developer know that they are no longer calling the shots.


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## timeos2

Carolinian said:


> I wonder how many of the old Peppertree resorts can do what Outer Banks Beach Club I and II did.  Their owner-controlled HOA's ousted developer managment and selected their own new management company.  Also several HOA's at the four resorts developed by First Flight Builders on the Outer Banks ousted developer management, with some going to an HOA-hired manager and some to third-party management companies.
> 
> HOA's need to assert control, and let the developer know that they are no longer calling the shots.



AMEN!  Steve and I don't agree on too much it seems but on this subject we are in perfect sync.  It is a shame that more Associations don't have members active and caring enough to fight to take control of what should be their resorts. Left to the Developer to manage it is a virtual guarantee of a poorly operated resort.


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## FestivaRep

*RE: Notice of Bankruptcy*

The news from St. Maarten actually does not affect our Atrium resort at all, nor does it affect the company as a whole, or any of our other resorts.  And it is completely unrelated to the court action involving owners of the Atrium.  

Simply put, the company mentioned in the news release in St. Maarten, "Festiva Resorts International, N.V.," is a St. Maarten-based company that has been dormant since 2005 with no assets or liabilities.  Recently that company was placed into bankruptcy; however, no part of anyone's membership has been or will be affected.  

The 'Notice of Bankruptcy' posted below was in the St. Maarten Daily Herald Newspaper along with other local bankruptcy notices, and does not mention any of Festiva's resorts (including the Atrium) or any of Festiva's active companies.


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## jercal10

Festiva Rep:
Thanks for the clarification.


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## tombo

FestivaRep said:


> The news from St. Maarten actually does not affect our Atrium resort at all, nor does it affect the company as a whole, or any of our other resorts.  And it is completely unrelated to the court action involving owners of the Atrium.
> 
> Simply put, the company mentioned in the news release in St. Maarten, "Festiva Resorts International, N.V.," is a St. Maarten-based company that has been dormant since 2005 with no assets or liabilities.  Recently that company was placed into bankruptcy; however, no part of anyone's membership has been or will be affected.
> 
> The 'Notice of Bankruptcy' posted below was in the St. Maarten Daily Herald Newspaper along with other local bankruptcy notices, and does not mention any of Festiva's resorts (including the Atrium) or any of Festiva's active companies.



You refuse to state that Festiva had no ownership or involvement with Festiva Resorts Int'l NV. We instead get more double talk stating that Festiva Resorts Int'l NV is a dormant St Maarten based company with no assets or liabilities. First, I believe that filing bankruptcy would mean that the company has some liabilities, otherwise you would simply shut the corporation. You file bankruptcy so you don't have to pay the people you owe or have wronged. Second,I am sure you neglected to say that it is (or was) another company owned by Festiva or which festiva had controlling interest in. The fact that Festiva owns numerous companies like the "3rd party sales" company which you blamed the whole Missouri law suit on is not surprising. What is surprising is acting like the companies have nothing to do with Festiva, when in fact they are simply a  different corporation with the same owners. Then of course you tout the fact that this is a whole different company than the "Festiva company" the owners at the Atrium are suing , like that makes it better for Festiva's public relations.

Your last response said:

"During the time the Missouri Attorney General’s office (MOAG) allegations took place, Festiva Resorts had entered into an agreement with a third party company that provided sales and marketing services for Festiva Resorts in Branson. Any practices engaged in by that company that corresponded with the MOAG’s allegations are contrary to Festiva’s corporate policies. "


Then Summerwind informs us that Festiva owned 75% of the "3rd party marketing company" (Branson Resources LLC) who was totally to blame for the marketing practices which were done against Festiva's corporate policy. Any practices engaged in by that company were actually practices engaged in by your company since you (Festiva) owned 75% of the company. A majority owner of a company is the owner, no if's, and's, or but's.

It would be a huge coincidence if a totally different Festiva company than yours took over the Atrium resort at the same time that your "Festiva"started managing the Atrium. I assume that your ownership of Festiva Resorts Int'l NV is something you would simply rather not discuss just like you conveniently forgot to mention the fact that Festiva owned 75% of that unethical   "3rd party marketing company" (Branson Resources LLC) who was marketing your timeshares against Festiva's corporate policy in Missouri. It seems to me like we are getting a lot of spin with very few facts.


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## jercal10

*Simply put, the company mentioned in the news release in St. Maarten, "Festiva Resorts International, N.V.," is a St. Maarten-based company that has been dormant since 2005 with no assets or liabilities.  Recently that company was placed into bankruptcy; however, no part of anyone's membership has been or will be affected.  

The 'Notice of Bankruptcy' posted below was in the St. Maarten Daily Herald Newspaper along with other local bankruptcy notices, and does not mention any of Festiva's resorts (including the Atrium) or any of Festiva's active companies.[/QUOTE]*


Tombo : I know you have your personal thing , but to me and I assume to other Festiva resort owners as well is the statement of no impact to current 
operations of the Atrium or any other resort. I appreciate the input from Festiva Rep and hope you arenot able to chase her away!


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## tombo

jercal10 said:


> Tombo:
> Why don't you tell us how you real feel about Festiva!



If I hadn't been screamed at by their sales rep for not bringing my wife to a sales presentation (which I was promised was not a sales presentation), I might not dislike them so strongly. If they didn't have a track record of coming into resorts and raising MF's considerably and assessing the owners (both of which they are planning on doing at my resort), I might not have a problem with them managing my resort. If they didn't come in to a resort that has been sold out for years and place their employees on the board in numbers that give them the majority vote, I would feel like my interests as an owner could be protected by my HOA. If they had not informed us that we were going to have our resort renovated at our expense without voting on it or even entering into discussion with the owners, I might think they cared about the owner's wishes. If one of the owners of Festiva hadn't stood up at the annual meeting and informed owners who were asking questions that Festiva controlled 80% of the vote and that they could do whatever they want to at the resort regardless of owner's wishes, my level of animosity would be greatly diminished. If they weren't planning on building a whole new development in our beautiful, natural, undeveloped woods simply because they bought the resort (which will crowd our resort's common areas), they might be acceptable owners. If they weren't currently being sued by the owners at The Atrium, being sued by Summerwinds, and just finished agreeing to refunds and restitution for wrongdoings in Missouri, I might feel that my first impressions were wrong. When virtually every owner of a Festiva resort here on TUGG is very upset with Festiva, I have to feel that the resort is not making many of it's owners happy. When Festiva gets sued by owners at 2 different resorts at the same time, that is a claim to shame that few resorts can match. The fact that all of the above formulate my Festiva experience should explain my extreme dislike and distrust of the company who is ruining a resort I love.


----------



## tombo

jercal10 said:


> I also own @ Tamarack.I am awfully concerned with the financial status.
> a) spl ass 2 years ago since 20% of the people not paying MF's.
> B) Little or no info since as to status of those units-are people paying?
> c) Budget that they send us "pretends" all people are paying MF's
> D) 2008 budget they sent us shows an apparent $400K loss--
> E) Can't tell how much we are paying Festiva -- the budget categories were changed from prior years.
> 
> F) Those "nice people" on the board don't seem to have a clue as to how much in the hole we are.
> 
> Regarding Festiva -I've seen bad press here about spl assessments (2yrs MF) @ the Atrium in St Maaarten.




As I look back at one of your previous posts placed before the Festiva rep showed up,  it doesn't seem like you were overly thrilled with having Festiva at your resort either.


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## coinman374

*Festiva Owner at Stormy Point*

Hello all:
    I have been reading with interest all of the comments concerning Festiva. I am new to TUGS and, boy, am I glad I joined! We bought into Stormy Point (Branson) last year and have already taken our week. On the positive side, we really enjoyed our week there. We found the resort very restful and well taken care of. The folks in the management office were efficient and courteous. The last night of our stay we had no hot water. We made a call at 11 pm (we were to check out at 10 am the next morning) and someone came from the Cabins resort (affiliated) and was able to correct the problem quickly. We would like to go back again, even thought about adding some time since we are bi-weekly (thought I could get an 
   We, too, received the letter about the up an coming meeting to discuss changes in the system. Being a gabby and curious person, I asked other vacationers if they had gone to the "meeting". The result were extremely negative. Folks were concerned about having to switch to points from weeks and having to "turn in their deeds".  So, since I was even more curious I agreed to attend a meeting for a $50 gift card (hmmmm).  Meanwhile I organized a large group of owners into a "home association" by collecting email numbers and phone numbers as we walked the property. I spoke to everyone that I could. The meeting was a dissaster! High pressure? The rep was overbearing and rude (not at first) as we spent 2 hours there. The gist was: switch to points or you will only get to use your week on the designated week (which he produced on a previously prepared document). Now that itself was indeed curious as our warranty deed states: 2bd even red with no assigned week. They are, of course, "floating". We were told of a "letter" that we were supposed to have received which had an accept or reject provision (everyone we talked to were told the same thing and none had ever received this "mystery" letter). He dissappeared onto the back porch and after consulting his "manager" he said he could extend the offer of no charge ($3000) for membership in the Adventure Club. We were threathened with numbers like "65%" of the owners are on the point system and if we weren't we'd never get to come when we wanted. When we balked at the exorbitant fee ($10,000) to "up grade" our sales person (who denied even being a sales person) became furious and refused to give us the gift card promised (said his boss would not allow it). He wanted us to sign some kind of release to show that we had refused the offer which I would not do. As I left in anger (my wife still seated) the sales person tried to offer the "same points" for 1/2 the money! Others had told us similar stories and even one was for a couple of grand less than that.  As we walked around the corner he yelled at us as we walked away, "I want you to know I went ahead and signed your refusal for you!"  Now I was not concerned with the legality of all of this but for my record, I recorded the 2 hour presentation so that I can accurately report what was done. 
    As to the Summerwind vs Stormy Point mess the club house is owned by Summerwinds as are the pools. So, Festiva was kicked out of the club house and now has to use one of the homes as a base of operations. Summerwinds brings tours to 2 of the homes several times a day and continues to build more homes. They also control an adjoining beat up motel/resort that was supposed to be torn down and a restaurant and beach and landing created. The beach has not been done and now will be put off until 2009. Many were upset by that as well. I did some investigating while there and found out that due to the heavy rains the lake had risen 15 feet and so the beach would have erroded anyway. The point of all of this is that we were led to believe that we would be given an explanation about the tiff between Summerwinds and Festiva but no explanation was ever discussed.
     Everyone but 1 person that I spoke with had decided NOT to convert to the points system. Mostly this was due to the rude treatment at the "meetings". Most of us felt that a week in hand was worth more than the extra weeks that were promised for switching.
     As to the reservation time on the phone, once (I had questions) I was on for about 20minutes wait time but when we made our reservations I only waited a couple of minutes. The reservationist was very helpful.


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## jercal10

tombo said:


> As I look back at one of your previous posts placed before the Festiva rep showed up,  it doesn't seem like you were overly thrilled with having Festiva at your resort either.



Tombo:  Actually I have about zero info on Festiva and its impact on my resort. I am in contact with the board who have given us inadequate financial  info for several years running. Very well intentioned people on the board , but little info on our financial health, and what we are paying Festiva.

This resort has a large "non paying " % of owners. We had a spl assessment 2 years ago to cover this( during Fairfield mgmt time). 

I'm hoping to get more info from boards like this!!


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## gravityrules

Has this thread fizzled out?


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## Talent312

gravityrules said:


> Has this thread fizzled out?



Apparently, but I want to mention that "coinman"'s post was 45 lines (by my count), without spacing for paragraph breaks.  I did actually read the whole thing, but whatever sympathy I initially felt for the poster was dissipated by his James Joyce style, which I thought rude.  How about some consideration for the readers?


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## bnoble

It would appear that we've driven off FestivaRep.  Not a surpirse, and unfortunate, IMO.


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## gravityrules

bnoble said:


> It would appear that we've driven off FestivaRep.  Not a surprise, and unfortunate, IMO.



I don't think 'we' need to take responsibility for driving FestivaRep ( who hasn't posted since July 3) away.


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## bnoble

Just like "we" didn't drive off Madge, right?

Having "official" people can be useful, as long as you understand what they can and cannot do.  They cannot deviate from the party line, but they can give you useful information and assistance from time to time.

Like I said, though, no surprise whatsoever.  I suppose FestivaRep could come back, but I rather doubt it.


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## jercal10

This is a test to see if the Festiva rep is still around?

I am a fixed week owner @ Tamarack.  I would like to know if festiva has plans to expand the resort??


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## FestivaRep

*Not scared off...*

I'm still around; honestly, I've just had other priorities the last few weeks and have not been as active as I would have liked.  Please keep in mind that this is something I volunteered to do on top of all of my other responsibilities and is largely something I do in my 'spare' time.  Unfortunately, it is not always a priority as I am currently a one-person department and have many other duties.  Also, I've been relying on the e-mail updates from this thread, and today was the first time I'd gotten one in quite a while.  

If anyone has any specific questions, issues or concerns please let me know.  Keep in mind that you will get a response much more quickly if the question/issue is concise and to the point.  If it's something that I do not have an answer for, that means I must take it to our executives, and it's easier all around if I can easily present it to them in just a few sentences. 

Also, if anyone has a specific issue that requires more personal attention, feel free to PM me with your name, home resort, and your issue and I can get you in touch with someone in the Owner Services department.

Jercal, what exactly do you mean by 'expanding' the resort at Tamarack?


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## bnoble

I sit corrected!


----------



## somerville

FestivaRep said:


> I'm still around; honestly, I've just had other priorities the last few weeks and have not been as active as I would have liked.  Please keep in mind that this is something I volunteered to do on top of all of my other responsibilities and is largely something I do in my 'spare' time.  Unfortunately, it is not always a priority as I am currently a one-person department and have many other duties.  Also, I've been relying on the e-mail updates from this thread, and today was the first time I'd gotten one in quite a while.
> 
> If anyone has any specific questions, issues or concerns please let me know.  Keep in mind that you will get a response much more quickly if the question/issue is concise and to the point.  If it's something that I do not have an answer for, that means I must take it to our executives, and it's easier all around if I can easily present it to them in just a few sentences.
> 
> Also, if anyone has a specific issue that requires more personal attention, feel free to PM me with your name, home resort, and your issue and I can get you in touch with someone in the Owner Services department.
> 
> Jercal, what exactly do you mean by 'expanding' the resort at Tamarack?



There are still specific questions, issues or concerns in the previous posts that have not been answered.

Previously, FestivaRep wrote about improvements in the time it took Customer Service to answer the phone.  Because no one had responded to e-mails that I sent this past Sunday, I tried calling Customer Service on the toll free number between 11:30 A.M. and Noon EDT.  After selecting Customer Service in the automated menu, I was greeted with a message that no one was available and that I should leave a phone number and someone would call me back.  I was not given an opportunity to hold, and I was immediately transferred to the voice mail box, only to get a message "that mailbox is full".  In disbelief, I tried calling again, only to get the same message.  Based on my experience, call times have not improved and are in fact worse.

I ended up looking up the local phone number on the internet and made a long distance call to that number, in hopes someone would pick up.  After several attempts, I did finally reach a live person.


----------



## Talent312

somerville said:


> Previously, FestivaRep wrote about improvements in the time it took Customer Service to answer the phone.  Because no one had responded to e-mails that I sent this past Sunday, I tried calling Customer Service on the toll free number between 11:30 A.M. and Noon EDT.  After selecting Customer Service in the automated menu, I was greeted with a message that no one was available and that I should leave a phone number and someone would call me back.  I was not given an opportunity to hold, and I was immediately transferred to the voice mail box, only to get a message "that mailbox is full".  In disbelief, I tried calling again, only to get the same message.  Based on my experience, call times have not improved and are in fact worse.
> 
> I ended up looking up the local phone number on the internet and made a long distance call to that number, in hopes someone would pick up.  After several attempts, I did finally reach a live person.



I don't have an oar in this boat, but I suspect that the Festiva phone system suffers from employee behavior typical in many offices.  In many corporate departments or small offices -- like my dentist, my wife's employer (a construction company) or even the state agency I work for -- if there's any sort of "special occasion" or other excuse, the employees (including the office or department manager) will leave early for a 2-hour luncheon at a nearby watering-hole (we call ours "Laredo's").  So, they put the phone system gets put on shunt-to-voice-mail for several hours while they get sloshed on margaritas.

If you find a number not tied into the phone command system, you may luck out and find someone who hasn't left yet.  Call backs?  The common attitude is that, if the call was important enuff, you'll call back at some point.

I've seen it happen.  Heck, I've done it myself.  I know of one office in Jacksonville that had an afternoon "meeting" and went bar-hopping in St. Augustine.  Other employees joked about it.  Not that this excuses Festiva's phone service at all, but it is endemic in American corporate culture.


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## tombo

Dear Festiva Rep,

I have asked many questions that have yet to be answered. Let me ask you a couple of questions, and after I receive an answer I will post another question.

At Blue Ridge Village are we going to be assessed for renovations and have our MF's increased without being able to vote or have input as to how we would like to renovate or if we even want the resort renovated at all? If we will get input or a vote when will this happen? If we don't have any input at our resort please explain why the owners should feel good about Festiva managing our resort and spending our money as Festiva wants with no regard to the owners desires or needs.

Thanks,

Tom


----------



## FestivaRep

> Previously, FestivaRep wrote about improvements in the time it took Customer Service to answer the phone.  Because no one had responded to e-mails that I sent this past Sunday, I tried calling Customer Service on the toll free number between 11:30 A.M. and Noon EDT.  After selecting Customer Service in the automated menu, I was greeted with a message that no one was available and that I should leave a phone number and someone would call me back.  I was not given an opportunity to hold, and I was immediately transferred to the voice mail box, only to get a message "that mailbox is full".  In disbelief, I tried calling again, only to get the same message.  Based on my experience, call times have not improved and are in fact worse.
> 
> I ended up looking up the local phone number on the internet and made a long distance call to that number, in hopes someone would pick up.  After several attempts, I did finally reach a live person.



If you tried calling on Sunday, Owner Services is closed that day.  Also, as I mentioned before, earlier in the week (Monday, Tuesday) is much busier than later in the week, particularly during mid-day.  The numbers for average hold time are generated by the phone system, and the most recent numbers I have were from the end of June, where the average hold time for the entire month was less than 5 minutes.  That does not mean that if you call at lunchtime on Monday you will get through immediately.  You have a much better chance of getting through later in the week, particularly if you call early in the morning or later in the afternoon.


----------



## FestivaRep

Talent312 said:


> I don't have an oar in this boat, but I suspect that the Festiva phone system suffers from employee behavior typical in many offices.  In many corporate departments or small offices -- like my dentist, my wife's employer (a construction company) or even the state agency I work for -- if there's any sort of "special occasion" or other excuse, the employees (including the office or department manager) will leave early for a 2-hour luncheon at a nearby watering-hole (we call ours "Laredo's").  So, they put the phone system gets put on shunt-to-voice-mail for several hours while they get sloshed on margaritas.
> 
> If you find a number not tied into the phone command system, you may luck out and find someone who hasn't left yet.  Call backs?  The common attitude is that, if the call was important enuff, you'll call back at some point.
> 
> I've seen it happen.  Heck, I've done it myself.  I know of one office in Jacksonville that had an afternoon "meeting" and went bar-hopping in St. Augustine.  Other employees joked about it.  Not that this excuses Festiva's phone service at all, but it is endemic in American corporate culture.



I'm pretty shocked that this type of behavior would occur in any customer service/call center, and I know it does not happen here.  I assure you that there is always someone in our customer service department unless they have to close for a meeting or special training, and even then, they do not do this during their busiest hours.  I started with this company in customer service, and I assure you that if you call and no one answers, it simply means that everyone is on the phone unless there is a message telling you otherwise.  Regarding call backs, there is at least one person on staff in that department whose sole responsibility is to return voice mails.  I'm sorry that you've had such unfortunate experiences with the behavior of customer service departments from other companies, but that is not the case here.


----------



## FestivaRep

tombo said:


> Dear Festiva Rep,
> 
> I have asked many questions that have yet to be answered. Let me ask you a couple of questions, and after I receive an answer I will post another question.
> 
> At Blue Ridge Village are we going to be assessed for renovations and have our MF's increased without being able to vote or have input as to how we would like to renovate or if we even want the resort renovated at all? If we will get input or a vote when will this happen? If we don't have any input at our resort please explain why the owners should feel good about Festiva managing our resort and spending our money as Festiva wants with no regard to the owners desires or needs.
> 
> Thanks,
> 
> Tom



I appreciate your brevity Tom, and as I do not have an immediate answer to your questions, I have forwarded them on to our executives asking for a timely response.  I will let you know when I get something.  Also, the Summer 2008 newsletter for BRV will be e-mailed by early next week, so if you would like to receive it, sign up by writing myemail@festivaresorts.com.


----------



## somerville

FestivaRep said:


> I'm pretty shocked that this type of behavior would occur in any customer service/call center, and I know it does not happen here.  I assure you that there is always someone in our customer service department unless they have to close for a meeting or special training, and even then, they do not do this during their busiest hours.  I started with this company in customer service, and I assure you that if you call and no one answers, it simply means that everyone is on the phone unless there is a message telling you otherwise.  Regarding call backs, there is at least one person on staff in that department whose sole responsibility is to return voice mails.  I'm sorry that you've had such unfortunate experiences with the behavior of customer service departments from other companies, but that is not the case here.


Then how do you explain why no one answered the phone during business hours and why the voice mailbox was full, making it impossible for me to even leave a message?


----------



## somerville

FestivaRep said:


> If you tried calling on Sunday, Owner Services is closed that day.  Also, as I mentioned before, earlier in the week (Monday, Tuesday) is much busier than later in the week, particularly during mid-day.  The numbers for average hold time are generated by the phone system, and the most recent numbers I have were from the end of June, where the average hold time for the entire month was less than 5 minutes.  That does not mean that if you call at lunchtime on Monday you will get through immediately.  You have a much better chance of getting through later in the week, particularly if you call early in the morning or later in the afternoon.


The calls were made the day of my post - Tuesday, July 22, two days after I sent e-mails to which no one from Festiva responded.  I did not expect to get through immediately when I called, but I at least expected that I would have an opportunity to hold or leave a voice message.  I did not have either opportunity!  Given this and other experiences with trying to reach Festiva Customer Service, I find your call hold statistics suspicious to say the least.


----------



## Talent312

somerville said:


> The calls were made the day of my post - Tuesday, July 22, two days after I sent e-mails to which no one from Festiva responded.  I did not expect to get through immediately when I called, but I at least expected that I would have an opportunity to hold or leave a voice message.  I did not have either opportunity!  Given this and other experiences with trying to reach Festiva Customer Service, I find your call hold statistics suspicious to say the least.




This supports my theory that they were all down at Jessie's Lounge indulging in their favorite libations.


----------



## gravityrules

FestivaRep said:


> I
> 
> ... The numbers for average hold time are generated by the phone system, and the most recent numbers I have were from the end of June, where the average hold time for the entire month was less than 5 minutes.  ...



This may be statistically correct but entirely misleading.  

Put your head in the freezer and your feet in the fireplace and tell me if you still care so much about average temperature!  In statistical terms, standard deviation matters; those customers not getting through or having 15+ minute waits are not comforted by a 5 minute 'average'.

How does your system account for the calls that don't get through?  Is there a built in incentive for an 'aged call' to not be answered to 'keep the statistics looking good'?  All questions worth asking of the call center.


----------



## FestivaRep

somerville said:


> Then how do you explain why no one answered the phone during business hours and why the voice mailbox was full, making it impossible for me to even leave a message?



That means that all representatives were on the phone.  When you call in, you are placed in a queue behind anyone else who has called in before you.  When a representative ends a call, they have about 5 seconds before their phone rings again with the next person in the queue.  During busy times, there may be 10 to 20 calls in queue.  After a certain amount of time on hold, the phone system automatically sends the caller on hold to voice mail.  Many people choose to leave messages rather than wait for a rep to answer, which accounts for the mailbox being full. The priority is for the callers on hold, so typically the voice mailbox is not checked and emptied until all calls are out of the queue.  Basically, when the phone is not answered, it does not mean that nobody is there.  That is a misconception.


----------



## FestivaRep

gravityrules said:


> How does your system account for the calls that don't get through?  Is there a built in incentive for an 'aged call' to not be answered to 'keep the statistics looking good'?  All questions worth asking of the call center.



There is in fact a way to account for "dropped" calls, which is the percentage of the total number of inbound calls that were neither answered, nor was a message left.  Of 5,539 incoming calls June 1 - 30, 5.1% were dropped.  Keep in mind that this could mean that someone was on hold for 15 minutes and the mailbox was full, and it could also mean that someone let the phone ring twice and then hung up.  

There is no incentive for an aged call to not be answered.  Honestly, the reps are too busy to even think about the statistics while they are working.  They are simply trying their best to do their job of answering as many calls as they can while helping owners make reservations, pay maintenance fees, explain usage and answer any other contract/account issues.


----------



## FestivaRep

I'm not here to debate call statistics or the accuracy of the software that generates them.  I don't think there's any use in debating such statistics, especially when I know that the representatives are in the office during their operating hours and they are always answering the phones unless there is a meeting or training session.  Their director simply does not allow the entire department to leave at any one time otherwise.  

I will not respond to any more posts about the hold time or unfounded speculation about our representatives as I feel it's not getting anyone anywhere in resolving the real issues.

That being said, if anyone has an outstanding issue that has not been responded to by e-mail and/or you have not been able to reach the department by phone, all you need to do is send me a PM with your contact information and I will have someone get in touch with you.  I'm offering to help in any way that I can, and I honestly hope that someone will take up my offer, so that some or all of you can resolve your issues.  While neither I nor anyone else can control the call volume in Owner Services, I can serve as a starting point to get to the solutions for your problems.


----------



## FestivaRep

tombo said:


> At Blue Ridge Village are we going to be assessed for renovations and have our MF's increased without being able to vote or have input as to how we would like to renovate or if we even want the resort renovated at all? If we will get input or a vote when will this happen? If we don't have any input at our resort please explain why the owners should feel good about Festiva managing our resort and spending our money as Festiva wants with no regard to the owners desires or needs.
> 
> Thanks,
> 
> Tom



Hi Tom, 
I spoke with our president today, and he said the decision about renovations is up to the HOA Board President at BRV, and you can certainly offer your suggestions and/or input to the board.  They will also be able to give you more specific details about what renovations are/will be planned, and what cost will come to the owners.  I do not have their contact information; however, you can get in touch with BRV General Manager Kim Dalton for that information.  Please let me know if you have any other questions about this or any other issue.


----------



## tombo

FestivaRep said:


> Hi Tom,
> I spoke with our president today, and he said the decision about renovations is up to the HOA Board President at BRV, and you can certainly offer your suggestions and/or input to the board.  They will also be able to give you more specific details about what renovations are/will be planned, and what cost will come to the owners.  I do not have their contact information; however, you can get in touch with BRV General Manager Kim Dalton for that information.  Please let me know if you have any other questions about this or any other issue.




Phase one has a board which is owner controlled. According to what was said at the annual meeting by a CEO of Festiva, the Phase 2 board and votes are 80% controlled by Festiva. The CEO said Festiva can do what it wants to in Phase 2 because they control 80% of the vote. Are the decisions about renovations and MF's in Phase one and Phase two going to be decided by the HOA Board President of each, or will Phase 2 be decided purely by Festiva? Will both be renovated or neither, or is there a possibility that Phase 1 won't renovate and Phase 2 will renovate? I own in both Phase one and Phase 2 so what happens at both of them concerns me.

Thanks,

Tom


----------



## rickandcindy23

Tom, which buildings are in phase I?  Are those the ones with the lofts?  If so, I will be very relieved to have an owner board in charge and not the developer.  I need to look at my deed again, but I am pretty sure mine is an older unit.  I believe that is a good thing in this case.  I don't want to be in the position of having to fight a developer-owned board.  

Festiva Rep, thanks for being here and being so patient.  We appreciate the time you are taking to answer questions.


----------



## tombo

I am not sure which buildings are in Phase one and which are in Phase 2. I own in a building right by the club house which I understand is Phase 1, and I own in a building at the top of the hill which is a phase 2 from what I have been told.  Phase 2 was built later from what I understand and many were sold as points whereas all of the Phase one units were fixed weeks. Both  olf my weeks are 2 bed room units and have lofts, but the newer 2 bed rooms in Phase 2 are bigger with over 1400 square feet as opposed to the older phase 1 units which have about 1300 square feet. I am not sure which buildings are Phase one and which are Phase 2, but you can call the resort and find out which phase you own. I wish both of mine were in the older phase to have an owner controlled board as opposed to a developer controlled board and vote that i have with my phase 2 unit.


----------



## abdibile

*Atlantic Beach Villas*

Thanks, FestivaRep for all your help!

Does anyone know if renovations are planned at "Peppertree" Atlantic beach villas and how their boards are comprised (owners/Festiva)

Thanks a lot!


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## Talent312

This thread is now 8 pages long, and no longer about Buying, Selling...
Perhaps TUG should have a separate Festiva forum.


----------



## ace2000

I agree about the separate forum, or at least sub-forum.  Especially, out of respect to the Festiva Rep that is currently posting replies.  

Right now, there's a lot of negativity in this thread, and the Festiva Rep has been very patient.  I appreciate it.


----------



## FestivaRep

tombo said:


> Phase one has a board which is owner controlled. According to what was said at the annual meeting by a CEO of Festiva, the Phase 2 board and votes are 80% controlled by Festiva. The CEO said Festiva can do what it wants to in Phase 2 because they control 80% of the vote. Are the decisions about renovations and MF's in Phase one and Phase two going to be decided by the HOA Board President of each, or will Phase 2 be decided purely by Festiva? Will both be renovated or neither, or is there a possibility that Phase 1 won't renovate and Phase 2 will renovate? I own in both Phase one and Phase 2 so what happens at both of them concerns me.
> 
> Thanks,
> 
> Tom



From what I understand, from the GM at BRV, our CEO was actually not at that meeting, the two executives who attended were our president and our SVP of Resort Operations.  Since I was not at the meeting I cannot confirm what was said by anyone there, but I do know that the Festiva employees that are currently on the board simply replaced the Wyndham employees that were there when they managed the resort.

Also, based on what the president told me yesterday when we talked about your questions, it is my understanding that the HOA Board Presidents of both Phase 1 and Phase 2 will be making those decisions.  Again, as far as what gets renovated and when, the best information would come from the presidents of each board.

Let me know if I can clarify anything further on this issue, or PM me if you need the general manager's contact information so that you can contact the boards.


----------



## FestivaRep

*thanks*

rickandcindy, abdibile, ace2000, I definitely appreciate your support.

Abdibile, I asked around to be sure and confirmed that there are no Festiva employees on any of the HOA boards at Atlantic Beach.  Festiva employees only took spots on HOA boards that were previously held by Wyndham employees.  I have not heard of any major renovations there; however, 45 of the units at PAB have been refurbished, and details about that are in the recent owner newsletter that was sent out. 

Talent, I'd certainly be open to having a Festiva forum; however, I know that whether or not that happens is based on the traffic, and is ultimately up to our friends at TUG...

Hope everyone has a great weekend...


----------



## jercal10

Jercal, what exactly do you mean by 'expanding' the resort at Tamarack?[/QUOTE]

Festiva Rep:
It is my understanding that Festiva got all the vacant land  "up on the hill" as part of the purchase from Wyndham.
I am interested to see if there are plans to expand what seems to be an otherwise dying resort???


----------



## dmbrand

I am in favor of a Festiva forum or a new thread; anything is better than the title of this thread.  We purchased a resale unit at Tamarack during the Festiva transition in 2007.  So far, we have been very pleased with the resort, utilizing our week for the first time in June, 2008.   I am curious as to the reference of a "dying" resort.

A question for the Festiva Rep...as a fixed week owner, are we able to trade internally for other Festiva resorts?  The website isn't clear if this is available to everyone under the Festiva umbrella or members of the points-based units.  Thank you for taking the time to visit this forum and answer questions.  DawnB


----------



## TUGBrian

a single thread does not warrant its own forum...im sorry.

FestivaRep isnt here full time as part of her job.

she has provided an email address for personal questions and such.


----------



## pianodinosaur

*Planning Trips to Branson & St. Maarten*

My wife and I have been considering vacations in Branson and in St. Maarten in the the next 2-3 years.  Should we avoid Festiva managed properties?  We have heard lovely things about The Atrium in the past, but if Festiva is in the process of destroying The Atrium to make a fast buck, would a trade into The Atrium be a mistake at this time?


----------



## somerville

TUGBrian said:


> a single thread does not warrant its own forum...im sorry.


...I agree...


----------



## tombo

FestivaRep said:


> From what I understand, from the GM at BRV, our CEO was actually not at that meeting, the two executives who attended were our president and our SVP of Resort Operations.  Since I was not at the meeting I cannot confirm what was said by anyone there, but I do know that the Festiva employees that are currently on the board simply replaced the Wyndham employees that were there when they managed the resort.
> 
> Also, based on what the president told me yesterday when we talked about your questions, it is my understanding that the HOA Board Presidents of both Phase 1 and Phase 2 will be making those decisions.  Again, as far as what gets renovated and when, the best information would come from the presidents of each board.
> 
> Let me know if I can clarify anything further on this issue, or PM me if you need the general manager's contact information so that you can contact the boards.



I believe it was the president who made the statement that festiva could do what they want to in Phase 2 because Festiva owns 80% of the vote. I said "a CEO" because I couldn't remember what title he had, but I knew he was way up in Festiva's heierarchy. I will be glad to contact the HOA Board presidents to ask them the status of possible renovations and increases in MF's. 

I know you said that you can't verify what was said at the annual meeting, but there were plenty of owners there who heard it. To get beyond semantics, can you please tell me if in fact 80% of the vote in phase 2 is controlled by Festiva. If so, how did Festiva gain majority control of a sold out resort in less than 2 years since you purchased it from Wyndham?

What scares me is if in fact it is true that Festiva owns 80% of the vote in Phase 2, then the owners can't stop renovations, MF increases, change mgt companies, or stop anything else Festiva decides they want to do. Of course Festiva won't have to pay for any upgrades or renovations festiva decides are needed at the resort, we the owners will. The president of Phase 2 has no real power or incentive to protect the owners. He was voted in by the 80% vote of Festiva (he might even be a Festiva employee), and he knows that he can be voted out (or fired) at any time if he doesn't tow the Festiva company line. 

Festiva Rep, thank you so much for responding. I would really appreciate clarification on whether or not Festiva actually owns 80% of the phase 2 vote. Also which officers (i.e. president, secretary, treasurer, etc) of the Phase 1 and Phase 2 boards at BRV are Festiva employees? Finally how many board members in Phase 1 are Festiva employees, and how many in Phase 2?

Thanks,

Tom


----------



## Talent312

TUGBrian said:


> a single thread does not warrant its own forum...im sorry.



No problem-mo.  I was only half-serious.  Like...
If this thread is going to continue as an on-going repository for multiple-management issues, perhaps it could be more aptly named, "Food Fight: Festiva Corporate Flunky vs. Disgruntled, Whining Owners (Free Admission)," or something like that.  ...Ruh, Roh!  (run away, run away)


----------



## Kozman

*Festiva Resorts*



pianodinosaur said:


> My wife and I have been considering vacations in Branson and in St. Maarten in the the next 2-3 years.  Should we avoid Festiva managed properties?  We have heard lovely things about The Atrium in the past, but if Festiva is in the process of destroying The Atrium to make a fast buck, would a trade into The Atrium be a mistake at this time?



I wouldn't think there would be a problem trading into a Festiva resort, but I'd think twice about buying into one.


----------



## tombo

Talent312 said:


> No problem-mo.  I was only half-serious.  Like...
> If this thread is going to continue as an on-going repository for multiple-management issues, perhaps it could be more aptly named, "Food Fight: Festiva Corporate Flunky vs. Disgruntled, Whining Owners (Free Admission)," or something like that.  ...Ruh, Roh!  (run away, run away)



This thread is important to Peppertree owners, who became Wyndham owners, who are now Festiva owners without ever having a vote or input on any of the above changes. We are now concerned about possible changes at our resorts with increased MF's, lack of representation on the HOA Boards, and possible assessments, all of which are very important to us. This is why the thread has lasted so long and the reason why there are so many responses on this thread. Festiva Rep answering our questions is a big plus even though we might not like many of her answers. At least she is here answering questions and we are very happy that she continues to do so.

You apparently are bored with the thread and are not required to keep reading it. Instead you have found a way to insult both the Festiva Rep and concerned owners on a thread you would like titled "Food Fight". The sarcasm and name calling is not appreciated. Feel free to start a thread called "Festiva food fight", and see how long that thread runs.

Sincerely,

A Disgruntled, Whining OWNER!


----------



## coinman374

I am sorry that you found that I was rude. That was my first post. I am new to the group. There was no attempt on my part to elicit sympathy nor do I particularly care for Joyce.


----------



## tombo

coinman374 said:


> I am sorry that you found that I was rude. That was my first post. I am new to the group. There was no attempt on my part to elicit sympathy nor do I particularly care for Joyce.



The complaint about your post was from talent, the one I was offended by too. I tend to be verbose and was scolded for not using paragraphs when I first started too. Your post was a great first post and most here are accepting and will guide you throught the learning process. Welcome and don't worry about talent. They apparently don't have a dog in the Festiva race but want to come here and demean the people who do. You have a lot more people here who will be positive for you than the few detractors.


----------



## Talent312

coinman374 said:


> I am sorry that you found that I was rude. That was my first post. I am new to the group. There was no attempt on my part to elicit sympathy nor do I particularly care for Joyce.



[Heh].  I do sympathize with your encounter with these cretins... It seems that many developers/managers, not merely content to rip-off hapless direct-buyers, keep trying to find new ways to stick it to current owners.  Its a shame and a disgrace.  About all you can do is resist these soulless creatures.  My kudos to you for doing so.

And in the same vein, my apologies to Tombo for making light of matters  which are very serious to you.  Regardless of what management may "announce," there are rules to which they must adhere.  Perhaps you could look for a ways to use them to benefit the owners.


----------



## tombo

Talent312 said:


> Apparently, but I want to mention that "coinman"'s post was 45 lines (by my count), without spacing for paragraph breaks.  I did actually read the whole thing, but whatever sympathy I initially felt for the poster was dissipated by his James Joyce style, which I thought rude.  How about some consideration for the readers?




Dang talent, 3 strikes and you are out. If you don't like this thread or topic how about not posting negative comments about those that do. Rude is your treatment of a first time poster who is trying to be a part of TUG, and rude is calling Festiva Rep a corporate Flunky and owners on this thread disgruntled whining owners.


----------



## Talent312

tombo said:


> Dang talent, 3 strikes and you are out. If you don't like this thread or topic how about not posting negative comments about those that do. Rude is your treatment of a first time poster who is trying to be a part of TUG, and rude is calling Festiva Rep a corporate Flunky and owners on this thread disgruntled whining owners.



Yep, I've been way too hostile of late.  Sorry.  Later, dude.


----------



## tombo

No problem with me, I have thick skin. I sometimes say things here that make people mad, but I say what I feel just like you. I am not upset with you but simply had to respond about the posts. I may make you mad one day, but it won't be on purpose. I am too blunt sometimes and have been scolded on TUG myself more than once. None of us want to scare off a newbie here on TUG and we all want to make sure that they continue to post. Please feel free to correct me if I ever appear rude. 

You apology is accepted, and if I ever make you mad I hope you will do the same for me.

Good night,

 Tom


----------



## Carolinian

FestivaRep said:


> Festiva employees only took spots on HOA boards that were previously held by Wyndham employees.  ...



. . . thereby continuing Fairfield / Wyndham's brazen conflict of interest.

What happened at Bluebeard's Castle is very good reason for timesharers to always work to end this slimy practice of management holding board seats.


----------



## Carolinian

Not all Peppertree resorts followed that path.  The HOA boards at Peppertree Outer Banks Beach Club and Peppertree Outer Banks Beach Club II kicked out Fairfield (before they became Wyndham) as management, and hired their own independent management company out of Myrtle Beach, SPM Management..  They also dropped the ''Peppertree'' from their names.  SPM is doing a much better job there than Fairfield did.




tombo said:


> This thread is important to Peppertree owners, who became Wyndham owners, who are now Festiva owners without ever having a vote or input on any of the above changes. We are now concerned about possible changes at our resorts with increased MF's, lack of representation on the HOA Boards, and possible assessments, all of which are very important to us. This is why the thread has lasted so long and the reason why there are so many responses on this thread. Festiva Rep answering our questions is a big plus even though we might not like many of her answers. At least she is here answering questions and we are very happy that she continues to do so.
> 
> You apparently are bored with the thread and are not required to keep reading it. Instead you have found a way to insult both the Festiva Rep and concerned owners on a thread you would like titled "Food Fight". The sarcasm and name calling is not appreciated. Feel free to start a thread called "Festiva food fight", and see how long that thread runs.
> 
> Sincerely,
> 
> A Disgruntled, Whining OWNER!


----------



## Carolinian

FestivaRep said:


> Hi Tom,
> I spoke with our president today, and he said the decision about renovations is up to the HOA Board President at BRV, and you can certainly offer your suggestions and/or input to the board.  They will also be able to give you more specific details about what renovations are/will be planned, and what cost will come to the owners.  I do not have their contact information; however, you can get in touch with BRV General Manager Kim Dalton for that information.  Please let me know if you have any other questions about this or any other issue.



An HOA president should never have this power unilaterally.  The power should be vested in the entire board, which for a major renovation should consult the membership especially if it involves a special assessment.  Several resorts I have owned at had provisions requiring a vote by the owners on any special assessment, which is the best control.


----------



## tombo

Carolinian said:


> An HOA president should never have this power unilaterally.  The power should be vested in the entire board, which for a major renovation should consult the membership especially if it involves a special assessment.  Several resorts I have owned at had provisions requiring a vote by the owners on any special assessment, which is the best control.




I agree 100%. If we are going to have to pay for renovations we should be able to vote on whether we want to renovate or not after receiving estimates and plans to help us make our decisions. The problem is that somehow Festiva has (according to them) 80% of the vote in Phase 2, so even if we vote to assess or not assess, they will win the vote and obligate owners who have no say to pay the assessments. 

I assume the festiva points are Right to Use which gives the "members" no vote or ownership in the resort. Since the resort was sold out well before anyone ever heard of Festiva, RTU is the only way I can imagine that they bought the majority vote when they purchased the resort. If people were told that by swapping to Festiva points that they would have all the obligations that come with timeshare ownership without any actual vote or ownership in the resort, would anyone ever swap to the Festiva club?


----------



## tombo

Carolinian said:


> . . . thereby continuing Fairfield / Wyndham's brazen conflict of interest.
> 
> What happened at Bluebeard's Castle is very good reason for timesharers to always work to end this slimy practice of management holding board seats.




A management company employee (or developer employee) can't be impartial and look out for what is best for the owners. Who is going to vote to change to a better mgt. company when doing so would cost them their job? If even one employee is on the board it is so much harder for the board to honestly discuss mgt problems with the mgr looking at you. I think it should be in every bylaw of every resort that there will not be any mgt or developer employees allowed to have a seat on the bosrd whether they own at the resort or not.


----------



## tombo

Carolinian said:


> Not all Peppertree resorts followed that path.  The HOA boards at Peppertree Outer Banks Beach Club and Peppertree Outer Banks Beach Club II kicked out Fairfield (before they became Wyndham) as management, and hired their own independent management company out of Myrtle Beach, SPM Management..  They also dropped the ''Peppertree'' from their names.  SPM is doing a much better job there than Fairfield did.



I don't think it is possible for us to get rid of Festiva as our mgt company. In Phase 2 they have the majority of the board who are festiva employees and they allegedly control the majority of the votes, so how could we possibly boot them? 

In Phase one I think they have 2 out of 5 board members who are employees (waiting for festiva rep's response to know for sure). If that is the case and they can get one board member on their side they can control that board too. However in phase one they don't control the vote. That is good for the owners if the board ever actually puts anything to a vote. If we instead get a letter saying your MF's are increasing and we are assessing most owners will simply pay up, sell, or deed their weeks back to the resort.

I own at a resort in Florida that SPM  manages and I am pleased with the job they are doing.  I am afraid that Festiva's  Mgt/Developer/Sales deptartments are going to raise the MF's and assess as they have done at other resorts. So far Festiva Rep has said nothing to assure us that increases and assessments aren't on the way. Most new mgt companies would be doing everything they could to improve the resort while maintaining or decreasing MFs to show owners what a great company the board hired. They might raise them down the road, but not within the first 2 or 3 years. Festiva bought the Atrium and assessed and raised MF's soon after they took over.

 I don't like how the mgt employees are geared towards helping Festiva sales more than helping owners.The other mgt companies (Fairfield,Wyndham) weren't activelly selling at our resort so they were very owner friendly. If you needed to sell your week they would keep a list of owners with weeks for sale and tell anyone who inquired. I actuall bought my first week there from an owner I was referred to by the manager. I called the resort asking questions and said if Festiva makes BRV an expensive place to own that I might get them to list my weeks for sale. They said they were told by Festiva that they were no longer allowed to help owners sell their weeks.


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## tombo

It has been talked about here that festiva settled with the Missouri attorney general's office to stop the lawsuit filed because of deceptive sales practices. It has also been talked about on this thread that the owners of the Atrium in St Maarten have filed a law suit against Festiva for the perceived wrongs they felt have been done to them since Festiva took over their resort. 

I own a week in St Maarten(not at the Atrium) and I am a member of a St Maarten web site. This weeks issue had another frightening revelation about Festiva.

The following is a copy and paste paste from the web site JMB: St. Martin and St. Maarten Weekly News, Monday, July 28, 2008  :

"Our opinion on a critically important issue….

First it was a lawsuit by timeshare owners at Festiva Atrium Resort against that 
resort’s developers for perceived wrongdoings.

It gets worse: Festiva, a U. S. company, is itself in court, seeking to 
invalidate a provision in its existing contracts with its SXM timeshare owners 
which links the percentage by which it can increase Annual Maintenance Fees to 
the area’s consumer price index.  If the courts invalidate that contract 
provision, every St. Maarten timeshare developer will be free to raise “AMFs” by 
whatever percentage they choose, pricing many timeshare owners out of the units 
they paid thousands for. 

In this atmosphere, should anyone buy timesharing or even full-share condos in 
St. Maarten? What do you think?  "


This is a web site that doesn't focus on timeshares, it is about the restaurants, beaches, sights, deals on cars, rooms, packages, timeshares, and anything else to do with St Maarten.  This is another nail in Festiva's owner appreciation coffin. If there is a contract in place when Festiva purchases the resort that Festiva doesn't like, they will obviously do anything that they can to change the rights the owners purchased even if it means that they have to go to court to do it. Because of Festiva's actions this web site is questioning why anyone should even consider buying a timeshare or condo in St Maarten. Festiva is trying to change the contracts that people have because there contract has a limit on the amount per year the MF's can be increased. Festiva wants to raise them much higher and much faster, so they simply go to court. Out of all the timeshare developers  in SXM, Festiva wants to be the first and only developer going to court to set a precedent allowing festiva to invalidate current owner's contracts.

Dear Festiva Rep, 

This will be a hard one to put a good spin on. I am ready for you to say the resort was going broke (why did Festiva buy it if it was a money loser?), the MF's were too low to keep the resort operating (once again why buy), and costs were going up faster than the consumer price index (surely Festiva knew about the wording of existing contracts). All of that is irrelevant. Festiva bought a resort where the owners had a contract giving them certain rights in exchange for the money they paid the developer when they purchased their weeks. Festiva buys the resort and sues to not have to honor the contract the owners purchased. That is wrong, and hopefully after court will still be ilegal.

I am going to carry the St Maarten web page poll of why buy a timeshare in St Maarten one step further. Why would anyone buy a Festiva resort when the company has shown that they will do anything in it's power to assess and raise MF's, even going so low as to try and overturn the owner's rights in court. At my resort are you going to try and take my fixed weeks and units away? That is what I bought, but Festiva doesn't seem to care about what people purchased unless it was purchased from Festiva. Who knows if Festiva will even honor what they are selling now in the future. I said I wouldn't trade my fixed weeks to get Festiva Points for free. Will you sue us to make us become Points owners even though we purchased fixed weeks? 

Anyone anywhere who has their resort purchased by Festiva should feel very uneasy because of their treatment of owners at other resorts. Festiva Rep you are real nice and I appreciate you answering questions, but Festiva has not been good to existing owners at resorts they have purchased. I can, and from the looks of things probably will sell my BRV weeks when the assessments and increased MF's come. I am sorry that you have such a hard job. Putting positive spins on Festiva's actions is like trying to convince everyone that Enron and WorldCom were good companies to buy stock in. Their CEO's were great guys and just misunderstood. There were a lot of glowing statements issued by those companies before they lost so much of so many people's money. Eventually the truths will overwhelm the spin and everyone will know that the Emperor had no clothes.


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## jercal10

Is anyone here actually an owner @ St. Martin?? Do we have a budget showing where the MF is going?? Is it for the resort or in Festiva's pocket??
How low or hi was the MF to begin with?

Tombo, I'm worried about my resort too, as it's hard to get any data on how much money going to Festiva  as a Mgmt fee.

Festiva Rep, maybe you can enlighten us as to  some $$$ facts on the Atrium??


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## tombo

FestivaRep said:


> If you did not receive an Annual Report, you can contact the Owner Services department and they will send you one, or you can send an e-mail to myemail@festivaresorts.com to request one.
> 
> The reason we do not provide financial information in our annual report is because we are a privately held company and are not required to publish such information.  Also, each year the maintenance fee invoice for each resort and/or club details how said fees are being spent.



The above is a previous response from the Festiva Rep. Several other resorts have had owners questioning where there money was going. One owner at a  resort on the east coast said that they had no idea how much they are paying Festiva to manage their resort, and that they couldn't seem to get a straight answer. They said that before Festiva it was stated on the annual report, now nothing. Finding out what was spent and where from assessments and MF's have been hard to obtain according to several  other owners. Many have complained that they can't get an annual report. I think Festiva's statement that they don't provide financial information because they aren't required to is typical of their smoke and mirrors approach to business. They begrudgingly release what little financial and management information they are required to release, and release very little (if any) information that they aren't required to release. 

Other than Festiva Rep (who is paid by Festiva), I am still waiting to see a single owner who is glad that Festiva owns/manages their resort. I am sure that there are a few who like Festiva out there (I can't imagine why), but the vast majority of owners obviously are not happy with Festiva. Even the hated and much maligned Westgate hasn't sued in court to invalidate the contracts owners received when they purchased their weeks like Festiva is currently doing. We need 60 minutes or 20/20 to expose Festiva on national TV!


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## ace2000

tombo said:


> Other than Festiva Rep (who is paid by Festiva), I am still waiting to see a single owner who is glad that Festiva owns/manages their resort. I am sure that there are a few who like Festiva out there (I can't imagine why), but the vast majority of owners obviously are not happy with Festiva. Even the hated and much maligned Westgate hasn't sued in court to invalidate the contracts owners received when they purchased their weeks like Festiva is currently doing. We need 60 minutes or 20/20 to expose Festiva on national TV!



tombo,

I for one, am happy to be a Festiva customer.  I own at the Cabins at Green Mountain in Branson, and appreciate the uniqueness of the resort.  I also appreciate the fact that I can rent the unit for a higher amount than the maintenance fees (including this year), and everytime I've rented, the customer has been very happy.  I feel the resort has been extremely well maintained and the staff are great!

Scott


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## bnoble

To be honest, tombo, I've stopped reading your beat-the-drum posts, so I can't say whether or not "the vast majority of owners" are "obviously" anything.  

As a Tamarack owner: so far, the mother ship is no less competent than Wyndham was in terms of deed transfers, MF payments/accounting, etc.  Granted this is not a high bar, but still.  

I do wait longer on hold with Festiva than I did with Wyndham.  This is what speaker phones are for.  On the other hand, it was easier to find the person at Festiva who could help me than it was at Wyndham.  And, once I did, my problem was solved expeditiously.

My interactions with the sales staff likewise suggest not much has changed. Wyndham wanted me to buy points at Glacier Canyon.  Festiva wants me to convert my fixed week to points.  Both of them told me how worthless my midsummer Wisconsin fixed weeks were.  

Wyndham never got what they wanted, and Festiva probably never will either. 

The staff at the resort seem to be fine every time I call them.  I'll know more when I return from my summer stay there next week.

I suppose Festiva could really screw things up.  Until I have a reason to jump for joy, or drown my sorrows, I'm taking the wait-and-see approach, because my ownership here is still bringing me significant value.


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## jercal10

tombo said:


> The above is a previous response from the Festiva Rep. Several other resorts have had owners questioning where there money was going. One owner at a  resort on the east coast said that they had no idea how much they are paying Festiva to manage their resort, and that they couldn't seem to get a straight answer. They said that before Festiva it was stated on the annual report, now nothing. Finding out what was spent and where from assessments and MF's have been hard to obtain according to several  other owners. Many have complained that they can't get an annual report. I think Festiva's statement that they don't provide financial information because they aren't required to is typical of their smoke and mirrors approach to business. They begrudgingly release what little financial and management information they are required to release, and release very little (if any) information that they aren't required to release.
> 
> Other than Festiva Rep (who is paid by Festiva), I am still waiting to see a single owner who is glad that Festiva owns/manages their resort. I am sure that there are a few who like Festiva out there (I can't imagine why), but the vast majority of owners obviously are not happy with Festiva. Even the hated and much maligned Westgate hasn't sued in court to invalidate the contracts owners received when they purchased their weeks like Festiva is currently doing. We need 60 minutes or 20/20 to expose Festiva on national TV!




Tombo --we know you hate them!!!!!

Is there anyone out there with some facts on the MF's at the atrium??


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## FestivaRep

dmbrand said:


> A question for the Festiva Rep...as a fixed week owner, are we able to trade internally for other Festiva resorts?  The website isn't clear if this is available to everyone under the Festiva umbrella or members of the points-based units.  Thank you for taking the time to visit this forum and answer questions.  DawnB



Hi Dawn;

The ability to trade internally is limited to points members only; therefore, fixed week owners do not have the ability to do this type of trade.  

However, If you would like to stay at a Festiva property, as a member you are entitled to a discounted nightly rate of up to 50% off the current rack rate.  These are NOT marketing/sales tours, you can book these by calling the resort(s) directly.  The phone numbers can be found on our website.


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## FestivaRep

jercal10 said:


> Jercal, what exactly do you mean by 'expanding' the resort at Tamarack?



Festiva Rep:
It is my understanding that Festiva got all the vacant land  "up on the hill" as part of the purchase from Wyndham.
I am interested to see if there are plans to expand what seems to be an otherwise dying resort???[/QUOTE]

Jercal;
I will check and see if there are any confirmed plans for the undeveloped land at Tamarack. I'll let you know.


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## FestivaRep

FestivaRep said:


> Festiva Rep:
> It is my understanding that Festiva got all the vacant land  "up on the hill" as part of the purchase from Wyndham.
> I am interested to see if there are plans to expand what seems to be an otherwise dying resort???



Jercal;
I will check and see if there are any confirmed plans for the undeveloped land at Tamarack. I'll let you know.[/QUOTE]

Jercal;

Got a response more quickly than I thought I would...There are plans being developed for expansion on the land at Tamarack, but they are still about a year away from getting started on anything.  Let me know if you have any other questions about this.


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## FestivaRep

Tombo: I just talked with our President to clarify some of the post quoted below, but I'm waiting on the exact numbers of the percentage of Phase 2 that the Festiva Adventure Club owns.  Here's what I have so far:

- There are no Festiva employees on the BRV Phase 1 board.
- Wyndham previously held 3 seats on the Phase 2 board
- Festiva assumed these seats and would have reduced that number if the owners had voted as such
- Festiva and the Adventure Club will indeed pay their share of assessments for any renovations that take place, as they do at any resort that has developer-owned inventory



tombo said:


> I believe it was the president who made the statement that festiva could do what they want to in Phase 2 because Festiva owns 80% of the vote. I said "a CEO" because I couldn't remember what title he had, but I knew he was way up in Festiva's heierarchy. I will be glad to contact the HOA Board presidents to ask them the status of possible renovations and increases in MF's.
> 
> I know you said that you can't verify what was said at the annual meeting, but there were plenty of owners there who heard it. To get beyond semantics, can you please tell me if in fact 80% of the vote in phase 2 is controlled by Festiva. If so, how did Festiva gain majority control of a sold out resort in less than 2 years since you purchased it from Wyndham?
> 
> What scares me is if in fact it is true that Festiva owns 80% of the vote in Phase 2, then the owners can't stop renovations, MF increases, change mgt companies, or stop anything else Festiva decides they want to do. Of course Festiva won't have to pay for any upgrades or renovations festiva decides are needed at the resort, we the owners will. The president of Phase 2 has no real power or incentive to protect the owners. He was voted in by the 80% vote of Festiva (he might even be a Festiva employee), and he knows that he can be voted out (or fired) at any time if he doesn't tow the Festiva company line.
> 
> Festiva Rep, thank you so much for responding. I would really appreciate clarification on whether or not Festiva actually owns 80% of the phase 2 vote. Also which officers (i.e. president, secretary, treasurer, etc) of the Phase 1 and Phase 2 boards at BRV are Festiva employees? Finally how many board members in Phase 1 are Festiva employees, and how many in Phase 2?
> 
> Thanks,
> 
> Tom


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## FestivaRep

Just a brief digression here...I have taken several graduate classes specifically focusing on Internet media and how it is changing our culture.  One of the most important things I've learned and that should be a mantra for anyone who uses the Internet is that *anyone* can post *anything* Online, whether it is fact, fiction or somewhere in between.  This can be a wonderful thing, or a terrible thing. Personally, I am a huge fan of citizen journalism and all forms of Web media; however, it's important to be discerning when considering the source of the information.  

For example, some of you may see me as a biased source since I work for Festiva, which is understandable. BUT, you should also see me as a valuable source because I can provide facts that are often misinterpreted, misunderstood or construed by someone who does not know our company so well and is not getting the information directly from our executives.  How sure are you that people who author personal blogs and websites are presenting the information in its truest form? This forum certainly gives a valuable voice to owners; however would it be fair to disregard the voice of the company of topic? 

That being said, there is a LOT of misinformation in the world of the Web about what has been happening in the courts in both Missouri and St. Maarten.  Here's some information to clarify a few things...

In Missouri, Festiva signed an AVC (Assurance of Voluntary Compliance) involving about 60 owners.  This was not a judgment against us, nor was it ever a litigation, per se, because the suit was filed by an agency rather than individuals. The MOAG suit was prematurely filed in 2005, but was put on hold for three years since standard procedures were not followed. This culminated in the withdrawal of the suit and the signing of a voluntary agreement. Festiva recognized a problem that owners had, and did what we needed to do to fix it.  It has been resolved.

I will follow up later with more information about the Atrium as there are specific questions about maintenance fees that I need to research; however, one thing I can tell you that I know for sure about that resort is that there is no class-action lawsuit against Festiva in St. Maarten.


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## somerville

FestivaRep said:


> Just a brief digression here...I have taken several graduate classes specifically focusing on Internet media and how it is changing our culture.  One of the most important things I've learned and that should be a mantra for anyone who uses the Internet is that *anyone* can post *anything* Online, whether it is fact, fiction or somewhere in between.  This can be a wonderful thing, or a terrible thing. Personally, I am a huge fan of citizen journalism and all forms of Web media; however, it's important to be discerning when considering the source of the information.
> 
> For example, some of you may see me as a biased source since I work for Festiva, which is understandable. BUT, you should also see me as a valuable source because I can provide facts that are often misinterpreted, misunderstood or construed by someone who does not know our company so well and is not getting the information directly from our executives.  How sure are you that people who author personal blogs and websites are presenting the information in its truest form? This forum certainly gives a valuable voice to owners; however would it be fair to disregard the voice of the company of topic?
> 
> That being said, there is a LOT of misinformation in the world of the Web about what has been happening in the courts in both Missouri and St. Maarten.  Here's some information to clarify a few things...
> 
> In Missouri, Festiva signed an AVC (Assurance of Voluntary Compliance) involving about 60 owners.  This was not a judgment against us, nor was it ever a litigation, per se, because the suit was filed by an agency rather than individuals. The MOAG suit was prematurely filed in 2005, but was put on hold for three years since standard procedures were not followed. This culminated in the withdrawal of the suit and the signing of a voluntary agreement. Festiva recognized a problem that owners had, and did what we needed to do to fix it.  It has been resolved.
> 
> I will follow up later with more information about the Atrium as there are specific questions about maintenance fees that I need to research; however, one thing I can tell you that I know for sure about that resort is that there is no class-action lawsuit against Festiva in St. Maarten.


Talk about spin and misinformation, I would strongly disagree that Festiva was not involved in litigation with the State of Missouri.  Below is the 2005 press release announcing the filing of a lawsuit against Festiva in Taney County, Missouri.   We all know that litigation progresses through the courts slowly.  There is usually a discovery period and then settlement negotiations.  It is only after the parties can't settle that a case goes to a jury or judge.  Please tell us what "standard procedures" weren't followed.  Why can't Festiva just fess up and admit what they did was wrong?

Nixon sues Branson timeshare broker for high-pressure and misleading sales tactics (11/28/2005)

Jefferson City, Mo. — Alleging high-pressure and misleading sales tactics, Attorney General Jay Nixon is suing Festiva Resorts L.L.C., which sells timeshares at the Cabins at Green Mountain, located in Branson.

In a suit filed in Taney County Circuit Court, Nixon says Festiva violated Missouri consumer protection laws by misleading customers into buying timeshares. The lawsuit alleges Festiva lured consumers by falsely promising to:

    * Help them sell other timeshares they owned.
    * Help them rent out timeshares they bought from Festiva.
    * Help them get good deals on condo rentals in attractive locations.
    * Help them get good deals on vacation packages.
    * Give refunds to those dissatisfied with their purchase.

Nixon also says Festiva didn't give consumers enough time to make decisions, creating a sense of urgency and a high-pressure sales environment.

"Consumers buy vacation property because they want a place to relax. For these consumers, Festiva delivered anything but that," Nixon said. "Branson is one of the nation's most popular tourist destinations, and I want to keep it that way. This kind of lawsuit is intended to punish those who give Branson a bad name and put other abusers on notice that we're watching them."

In the lawsuit, Nixon is asking the court to order Festiva to refund more than $200,000 to consumers who were misled into buying timeshares from the company. The lawsuit also seeks preliminary and permanent injunctions, fines of up to $1,000 per violation of the law and reimbursement to the state for its investigative and legal costs.


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## tombo

FestivaRep said:


> Just a brief digression here...I have taken several graduate classes specifically focusing on Internet media and how it is changing our culture.  One of the most important things I've learned and that should be a mantra for anyone who uses the Internet is that *anyone* can post *anything* Online, whether it is fact, fiction or somewhere in between.  This can be a wonderful thing, or a terrible thing. Personally, I am a huge fan of citizen journalism and all forms of Web media; however, it's important to be discerning when considering the source of the information.
> 
> For example, some of you may see me as a biased source since I work for Festiva, which is understandable. BUT, you should also see me as a valuable source because I can provide facts that are often misinterpreted, misunderstood or construed by someone who does not know our company so well and is not getting the information directly from our executives.  How sure are you that people who author personal blogs and websites are presenting the information in its truest form? This forum certainly gives a valuable voice to owners; however would it be fair to disregard the voice of the company of topic?
> 
> That being said, there is a LOT of misinformation in the world of the Web about what has been happening in the courts in both Missouri and St. Maarten.  Here's some information to clarify a few things...
> 
> In Missouri, Festiva signed an AVC (Assurance of Voluntary Compliance) involving about 60 owners.  This was not a judgment against us, nor was it ever a litigation, per se, because the suit was filed by an agency rather than individuals. The MOAG suit was prematurely filed in 2005, but was put on hold for three years since standard procedures were not followed. This culminated in the withdrawal of the suit and the signing of a voluntary agreement. Festiva recognized a problem that owners had, and did what we needed to do to fix it.  It has been resolved.
> 
> I will follow up later with more information about the Atrium as there are specific questions about maintenance fees that I need to research; however, one thing I can tell you that I know for sure about that resort is that there is no class-action lawsuit against Festiva in St. Maarten.



This is an article saying that Festiva had to pay $339,000 on the Voluntary agreement which most people call a settlement. Please read all the way down to see responses from owners at the Atrium.

http://www.news-leader.com/apps/pbcs.dll/article?AID=/20080625/BREAKING03/80625030/-1/newsfront2

the official Missouri Attorney general web site
http://ago.mo.gov/newsreleases/2008/Agreement_with_Festiva_Resorts_LLC/




 Please read the atrium owners web site and you can join the law suit if you are an owner there. The contact e-mail address is there along with some news.
http://atriumowners.com/index2.html 



"430 owners representing 710 weeks have joined our legal action


 It's time that the owners of The Atrium Resort had their own online presence!  For now, our focus must be on addressing the assessments, fee increases, and tactics of the manager of the resort, Festiva.  Increasingly, we are united in litigation against its arbitrary and anti-contractual administration.   The heart of this site will be in the 'News' section where we hope to keep you posted  on the litigation initiated by  Rowie  Percoco and joined by a very large number of owners.  To add your name to the lawsuit, contact RowieP@aol.com  - it's painless and immensely satisfying! "


I agree that not everything you read on the web is true. However I have read many articles detailing the Bankkruptcy of Festiva N V which is a St Maarten company owned by Festiva. The official Festiva response was that the company had no assets so no big deal. The articles about the MOAG agreement are numerous and they all say that festiva had to pay $339,000, a lot of money for an action where proper procedures weren't followed by the Attorney General's office. Festiva didn't seem to want to do what was needed to fix the owners problems until the MOAG got involved. The law suit by Festiva in St Maarten filed by Festiva to change owner's contracts is well documented too. I do appreciate you answering questions and explaining the company line, but I don't for one second believe that all the spin from Festiva is true while the articles on the web are false. Some think that I am a Festiva hater and that is fine. I have not posted a single thing that I don't feel is true from my experience, from news articles, and from other Festiva Owner's posts.  I have not found a single post or newspaper article exonerating Festiva of any of the above or disputing any of the above.  I am activelly exposing the facts I find so that Festiva might think twice before they start the assessments and MF increases at my resort. An ounce of prevention beats a pound of cure.


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## jercal10

Tombo: thanks for the link to ther Atrium. Here's what I found for "08 MF's

 Studio:        2008 Maintenance Fee per unit $447
 1 Bedroom: 2008 Maintenance Fee per unit $551
 2 Bedroom: 2008 Maintenance Fee per unit $676
 3 Bedroom: 2008 Maintenance Fee per unit $910
 Penthouse: 2008 Maintenance Fee per unit $967  

I  could not get the spl assessment data to copy so here's a synopsis:
Total =$4.5 M

repay cash advances $827 K
upgrade to gold crown status$1.6M
BAD DEBT SESERVE   $657k

The remainder being for identified projects like new refrig's etc..


I'd like to hear from the Festiva Rep as to the first two items. I assume the developer was feeding the reort cash to continue op's, and the "upgrade to gold crown " was for common areas, but would like to hear.


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## tombo

Knowledge is power. There are many, many Festiva owners at different resorts posting their displeasure on numerous web sites, not just a few here on TUG. The ability of all of these owners to post on all of these web sites allows the rest of us to be forewarned. Please read through all of these posts and look for any owners coming to Festiva's defense with good reviews or happy owner's stories. 

Festiva bought the Atrium in 2005, and we can easily see how well that is working out for the owners there. Festiva only recently acquired peppertree/Wyndahm and is about to begin renovations, assessments, etc. at many of our resorts. You can be proactive and let Festiva know that we won't lay down and be assessed to death, or you can stick your head in the sand secure in the knowledge that the benevolent Festiva would never do that to the owners at your resort. The best predictor of future actions are one's past actions.

Discussions of assessments etc:

http://stmaartenstmartin-jeff.blogspot.com/2008/03/st-maarten-timeshare-owners-alert.html

Bankruptcy references:

http://www.timeshareforums.com/foru...nces-timeshares/68903-festiva-st-maarten.html

A forum with more happy Festiva owners:

http://www.tripadvisor.com/ShowTopic-g44160-i200-k808313-Festiva_Resorts-Branson_Missouri.html

Another Forum expressing joy of Festiva:

http://www.traveltalkonline.com/forums/showflat.php?Cat=0&Number=870722&Main=866789

Another forum discussing the 200% assessment. A commercial and residential property manager (on down in the posts) expresses his opinions on their handling of assessments, renovations, etc based on years of experience:

http://www2.gobeach.com/sxm/read.php?1,61769,page=3

This forum discusses how Festiva contacted people's companies who had posted complaints from their company e-mail address. Festiva figured they could get them in trouble at work since they couldn't defend themselves with facts. Nice tactic to contact someone's employer trying to get them in trouble or fired simply because owners are upset with your mgt of their vacation resort. 

http://festiva-resorts.pissedconsum...o-rat-on-complaint-filers-20080221113613.html


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## jercal10

Tombo: Most of us bought TS with the expectation of going to nice places. I expect to be able to take my firends and family with me and not be embarrased.

Reasonable maintence  and reserves for future expenses are required by many states. Condos have the traditonal battle of "build reserves now or pay later" Of course old people like myself want to pay later. 


My concern is with Tamarack taken over a year ago in the Wyndham deal. Wyndham inherited a resort that was "bleeding " badly due to non payment of MF's . They had a spl assessment, but board still didn't raise MF's significantly.

I'm dead set against high fees to the" developer"  or  "owner"(festiva owns the recreational facilities), but all for reducing expenses to that required to operate and maintain a first class resort, and setting MF's to reflect those  costs.

Anybody have expeience in MF's etc at Festiva managed USA fixed week resorts??


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## FestivaRep

tombo said:


> This forum discusses how Festiva contacted people's companies who had posted complaints from their company e-mail address. Festiva figured they could get them in trouble at work since they couldn't defend themselves with facts. Nice tactic to contact someone's employer trying to get them in trouble or fired simply because owners are upset with your mgt of their vacation resort.
> 
> http://festiva-resorts.pissedconsum...o-rat-on-complaint-filers-20080221113613.html



This simply is not true.  I've already posted about this situation, here it is again in reference to the person who made the posting on pissedconsumer.com:

This was a member of Peppertree/Equivest who was approached for an upgrade and ended up demanding back the money he had spent with Peppertree/Equivest years ago. Obviously, Festiva could not compensate for his purchase with another company; however, he chose not to accept our answer. 

While he didn’t directly threaten physically harm to anyone, he threatened to “report” us and engaged in *personal attacks against several employees*, mostly via e-mail. He threatened to have the government monitor all of our communications with him. He claimed our e-mails were being monitored as he works for the government in his county of residence. His complaints escalated, and he complained to the NCAG and the MOAG making outlandish and incorrect statements. 

I can vouch for this as I personally received an e-mail from him.  I had never spoken with him or had any other prior contact with him.  I did not even know who he was or what was going on when I received the e-mail.  He found my contact information Online and sent me an abusive e-mail from a government e-mail address, to which I did not respond.

In response, we provided factual information to the member and both AG offices in writing. *Both the Missouri and North Carolina AG offices consider the complaints ‘closed’ or resolved.* Our General Counsel wrote a letter to both the County Manager and County Attorney in county where the member resides and works. The County Attorney was very concerned about what the member was doing, particularly using county property and threats, and they did a secret investigation of him. We do not know what, if any, disciplinary action has been taken against him, nor are we involved in any legal actions or disputes with him. It was shortly after this that the post in the Yahoo! group about our lawyers going to members' employers appeared.


----------



## FestivaRep

*Atrium*

Most of the misinformation that is out there right now is regarding the Atrium.  

I have already posted about the bankruptcy announcement of FRI NV and how that was completely unrelated to both the Atrium and the court action that is taking place with certain Atrium members.

While there is talk all over the Internet about "hundreds" of Atrium members being involved in the "litigation," there is actually no litigation, and we are only involved in court action with four Atrium members.  One of these members has gotten a few hundred others to follow him; however, the court is not recognizing a litigation against us or any kind of class action suit.


----------



## FestivaRep

somerville said:


> Talk about spin and misinformation, I would strongly disagree that Festiva was not involved in litigation with the State of Missouri.  Below is the 2005 press release announcing the filing of a lawsuit against Festiva in Taney County, Missouri.   We all know that litigation progresses through the courts slowly.  There is usually a discovery period and then settlement negotiations.  It is only after the parties can't settle that a case goes to a jury or judge.  Please tell us what "standard procedures" weren't followed.  Why can't Festiva just fess up and admit what they did was wrong?



Yes, that is a press release from *2005*.  The initial lawsuit filed was withdrawn after being on hold for 3 years because it was filed prematurely by the MOAG (that being the standard procedure that was not followed by the MOAG).  However; Festiva signed the Voluntary Agreement, and those 60 or so owners involved are getting their money.

I'm not sure why those who are not even involved in this particular situation and are not owners at this resort are so concerned about Festiva paying restitution to owners...


----------



## FestivaRep

I'd like to get back to specific issues and questions that have not already been resolved by the parties directly involved.

Jercal, what is your exact question about the Atrium SA?  I will try to find answers for you.

Also, Jercal, in response to your query about our US resorts, we actually do not have any fixed week resorts, they are all based on the floating week system.  

In 2005, we had a Special Assesment at our Church Street Inn resort in Charleston, and it took many people by surprise.  However, when Festiva purchased that resort, it was on the verge of bankruptcy and may not have survived if we did not take action.  At this point, half of the units have been completely renovated and we have gotten nothing but positive feedback from owners on the renovations.  

Phase 1 of our Ellington resort had a small special assessment a couple of years ago due to owners' requests for improvements and interior renovations.  Those units were renovated, and again, owners have been nothing but pleased.   

You seem to understand what can happen to a resort when the money is not spent to keep it up to certain standards, or when owners do not pay maintenance fees, and unfortunately not everyone sees that.  I have not yet heard of any plans for SAs at Tamarack, nor do I know what the '09 maintenance fees will be, but if there's anything else I can find out for you, please let me know.


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## jercal10

Festiva Rep:
Tamarack is a fixed week resort.

Thanks for all your inputs


----------



## tombo

FestivaRep said:


> Tombo: I just talked with our President to clarify some of the post quoted below, but I'm waiting on the exact numbers of the percentage of Phase 2 that the Festiva Adventure Club owns.  Here's what I have so far:
> 
> - There are no Festiva employees on the BRV Phase 1 board.
> - Wyndham previously held 3 seats on the Phase 2 board
> - Festiva assumed these seats and would have reduced that number if the owners had voted as such
> - Festiva and the Adventure Club will indeed pay their share of assessments for any renovations that take place, as they do at any resort that has developer-owned inventory



Thanks for your response. I am glad to know that there aren't any Festiva employees on the Phase 1 board since I personally don't think any board should have any developer's employees or mgt company employees on the board due to obvious conflict of interest.

You said that Festiva assumed the Wyndham seats (which I didn't agree with either)  which doesn't have the same ramifications because Wyndham wasn't activelly selling or expanding Blue Ridge Village as Festiva is.
You then state that Festiva would have lowered the number of seats if the owners had voted as such in Phase 2. Phase 2 is the part of BRV that Festiva's officer (president I think) stood and said "We can do anything we want to in Phase 2 because we own 80% of the vote". After saying that at the annual meeting we can feel sure that the owners can't remove festiva members from the board because the owners who have Festiva Points aren't allowed to vote, Festiva votes because they actually own the points. To suggest that somehow the 20% of owners in phase 2 who have votes could unseat Festiva Board members elected by the 80% Festiva majority is laughable. As your president (or other officer) said at the annual meeting, you can do whatever you want with 80% of the vote.


 Finally you make it sound like Festiva will pay a large share of the assessments Festiva levies. If one reads through the spin, your last statement sums it up, you will only pay assessments or MF's for the limited amount of DEVELOPER OWNED INVENTORY. BRV has been sold out for years so the members and owners who own almost all of the inventory will carry the weight of any increases or assessments. Festiva's inventory is mainly reposessed weeks, weeks deeded to or given to Festiva by owners wanting out, or trade in weeks given for points. Festiva votes to assess because the members can't, and then the members have to pay without ever having a say in the process. I would love to know what percentage of the total assessment at the resort that weeks owners and points members at phase 2 who will actually have to pay versus the percentage of the total assessments that festiva will pay on it's limited Developer Owned Inventory. The poor Festiva Points members won't even own anything after they pay for the renovations, Festiva will. I would like to have some work done on my house if anyone would like to pay for it, of course you won't own any percentage of my house but you can spend some time here (based on availability).


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## Rowboat

*Festiva/Atrium Litigation information*

I've been asked to post the Atrium leaseholders side of the Atrium/Festiva contract dispute.  I have attached a letter we send to Atrium owners, it trys to explain fully what has transpired over the past 2 years.  At this time we have filed our response in the Sint Maarten courts to the Festiva suit against 3 owners to change the conditions of our lease/contract.  We have at this time 450 owners in our litigation group, this group at this time has 3 injunction petitions before the Sint Maarten court as there are no provisions in Sint Maarten for a class action suit.  The first two injunction petitions were settled in 2007 by agreements with Atrium to honor our existing contracts, Festiva has violated thse agreements two times and we have brought these injunctions back before the court.  The third injunction petition includes the new owners that have joined the proceedings.  All three injunctions are before the court.  At this time the court is in recess for the month of July.

Any Atrium owner interested in joining the litigation please contact me.  Rowiep@aol.com  Rowie Percoco




Dear Fellow Atrium Leaseholder,

This letter is to try and inform you of a new organization that 370 current Atrium leaseholders have formed to protect your current Atrium lease against changes proposed by the new owners of the Atrium Resorts NV, Festiva Resorts. This new organization is called The Atrium Resort Lessees of Sint Maarten a Non Profit Foundation, its objective is:  “The objective of the Foundation is to promote, preserve and defend the terms and conditions of the leaseholder’s contract with the Atrium Resort NV;  to organize current and future leaseholders agreeing to maintain the current leaseholder agreement.”  

We invite you to join this organization, as an Atrium Leaseholder you have a vested interest in maintaining your lease as written and sold to you by the Atrium Resorts NV. 

If you are not familiar with the current situation regarding the dispute concerning our lease this letter will try to bring you up to date so that you may make an educated decision about defending your current lease terms and conditions. We will give a brief history, what we are defending, what our motives are and what we expect for the future.

History: 
As you know Festiva Resorts purchased the Atrium Resort NV in October 2005.  With this purchase they assumed all lease contracts, the remaining unsold inventory and the physical building and contents.  They also assumed all management responsibilities and liabilities. 
In October of 2006 they informed all the leaseholders of the implementation of a Special Assessment of two times the maintenance fee and 10% increase in the maintenance fees.  This increase in the maintenance fees and special assessment were in violation of the terms and conditions of the leaseholder agreement.
In November 2006 a group of lessees retained an attorney in Sint Maarten to dispute the violations of the lease agreements.  From that point over 370 leaseholders have joined the litigation.  We have two agreements with Atrium Resorts NV/Festiva Resorts pertaining to Atrium Resorts NV honoring the existing lease agreements.   
In April of 2007 Festiva/Atrium billed all Atrium leaseholders a reduced special assessment.  In this letter by Festiva/Atrium, statements were made that a plan was made between and by an appointed advisory board of four leaseholders and Festiva management and a reduced assessment plus the 10% increase in maintenance fees would be implemented for 2007. This letter also stated future assessments would be needed and Festiva made a mistake by trying to bill the assessment all at one time 
In December 2007 Atrium Resorts NV filed suit in Sint Maarten court against a represented group of 3 Atrium leaseholders a suit to change the terms of the current lease.  In this suit Festiva/Atrium is asking the court to abolish all reference to the increase in maintenance fees control by the use of the CPI of the NA as agreed to by the parties in the lease agreement, Article 9.  Festiva/Atrium claims this clause is unacceptable and asks the court to set aside this clause and permit Festiva/Atrium to “always annually raise the maintenance fee contribution in the future subject to real figures and that the presented increase in fees be checked firstly by an independent accountant”.  They also have requested the court to require the “summoned party” to pay the 10% increase in maintenance fees and special assessment of two (2) times the annual maintenance fee.
Festiva/Atrium wishes to be released from the restrictions in Article 9, Limitation of increases in maintenance fees to the CPI of the NA, and they want the court to strike this Article from the existing contract.


Our Motives:
The motive first and foremost is to protect the contract.  As in many cases we purchased our unit with a 99 year lease. In our minds the contract was written to preserve our vacation in a stable, safe and secure manner.  It is a contract that protects both the owner of Atrium NV and the leassee’s.  It was presented as one of the best on the island.  After the preservation of our lease/contract we can then move on as a group and discuss what is in the best interest of the Atrium Resort.  In 2000 Atrium NV, owned by Simon Mcauley, hired Festiva Resorts to sell and market the same contracts that Festiva Resorts is now trying to change through the Sint Maarten court. Many of you purchased your units under the ownership of Simon Mcauley and sales of Festiva Resorts.

Expectations:
We expect Festiva Resorts/Atrium NV to honor the contract’s they assumed and sold when they purchased the business. We expect Atrium NV to adhere to said lease/contract and maintain the Atrium resort in the manner stated in the lease/contract.  Under the terms and conditions of the lease maintenance fee increases are limited to the annual increase in the CPI of the Netherlands Antilles. We expect to utilize the remaining years left on our lease/contracts as specified under the terms and conditions of said contract.

What does this mean to you, an Atrium Leaseholder:
 If the court finds in favor of Festiva/Atrium your contract and all Atrium leaseholder contracts will be subject to this ruling.  Festiva/Atrium at its whim may and will raise your maintenance fee each and every year subject to a budget with the only control on spending “firstly checked by an independent accountant”.  You will be subject to any and all expenses of operations at the Atrium in the past and in the future.  You will also be subject to any and all Special Assessments requested by Festiva/Atrium and subject to legal interest until said Assessments are paid in full. You will be subject to any and all changes as promulgated by Festiva resorts.
As members of the Foundation we can as one entity defend the terms and conditions of the existing lease/contract. The Foundation will provide the members legal representation and advise and assist the members.  Your and our goal will be to defend the terms and conditions of the lease and maintain the Atrium in the condition as prescribed in said lease/contract.  
The Foundation is registered with the Government of Sint Maarten and the constitution is available for you to review.

Why should you join the litigation group? 
You have, as we all have, about 80 years remaining on your existing lease.  If the current owners of the Atrium Resort NV continue to raise maintenance fees and charge special assessments at will, your lease will be worthless in a very short period of time and the expense of owning your lease will be prohibitive. The previous owner of the Atrium maintained the resort with the funds covered under the current contract.  Every leaseholder desires the Atrium Resort to be maintained as per the agreement in place.  We all realize conditions change and additional funds may be needed for specific purposes. What cannot change are the terms and conditions of the lease as endorsed by the parties.  The lease must be upheld in court as it was endorsed.  Festiva bought the Atrium Resort NV after five years of being the selling agent of this same contract to many of you.  Under it’s  ”due Diligence”  Festiva Resorts must have discounted the purchase of the resort due to the “deficit” listed in the 1997-2005 financial reports.  The leaseholder cannot be responsible for bad business decisions and Festiva Resorts must abide by the lease as it accepted all terms and conditions upon acquiring said leases.
All we need for you to join the Foundation is an email request that you want to join the Foundation and support the litigation to preserve your Atrium lease.  Please include your name, address, phone, unit number and week in your email.  You can also write to me with the same request but we prefer to use email as it is cost effective and easier to keep record as we have to forward everything to the attorney in Sint Maarten.
My email is rowiep@aol.com.  Please email me if you require additional information or a copy of either the Festiva suit or the Foundation constitution.  Our mailing address is:  Rowie Percoco,  Atrium Fund, 7138 Westmoreland Dr.  Sarasota, FL 34243   Phone 941-360-3336  We also have information on our website: www.atriumowners.com
This is a very important decision to make.  A large group of leaseholders have already decided to maintain the terms and conditions of their lease.  Many of you did not know of the litigation efforts or heard stories about the litigation that are certainly out of context.  It has been very difficult to contact the leaseholders as Festiva has refused to provide any lists of owners to anyone.  Please contact me if you care about maintaining your  lease/contract so that we may continue to enjoy our vacation experience at the Atrium Resort as sold to us by the Atrium Resort.

Sincerely,

Rowie Percoco,   Lead Litigant


----------



## somerville

FestivaRep said:


> Yes, that is a press release from *2005*.  The initial lawsuit filed was withdrawn after being on hold for 3 years because it was filed prematurely by the MOAG (that being the standard procedure that was not followed by the MOAG).  However; Festiva signed the Voluntary Agreement, and those 60 or so owners involved are getting their money.
> 
> I'm not sure why those who are not even involved in this particular situation and are not owners at this resort are so concerned about Festiva paying restitution to owners...


It sounds like you are putting more spin on the settlement.  You make it sound like the MO AG dismissed the lawsuit shortly after it was filed in 2005.  The more likely scenario is that as part of the settlement the MO AG dismissed the State's case against Festiva?  I am sure that the MO AG had probable cause to believe that there was a violation of Missouri consumer laws at the time the lawsuit was filed.  I suspect that after trying to dismiss and delay the lawsuit by filing motions, etc., when faced with evidence of violations of law, Festiva agreed to the settlement.  You can call it voluntary if you like, but I bet the MO AG would have taken the case to trial if the "voluntary" settlement had not been reached.

As to why non-owners of the Branson resort would be interested in the settlement, it is an indication of how Festiva conducts business.


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## somerville

jercal10 said:


> Festiva Rep:
> Tamarack is a fixed week resort.


Equivest Vacation and Travel Club, a points based system, which Festiva acquired a year ago, owns intervals at the resort.


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## tombo

Thanks for coming here rowboat. It is always better to hear the facts from actual owners involved in litigation rather than heresay. There are some Atrium members here, but most I think are former peppertree owners. I hope you will get some more members for your litigation. If you go to the home page and scroll down to the caribbean region forum you can start a new thread which should reach more Atrium owners. Posting here can also get your message out.

We are concerned that what is happening at your resort will happen to our resorts. Several here have heard festiva or their mgt group make statements at annual meetings like, " we need to ugrade your resort to return it to Gold Crown Status", "this resort has been losing money for years so we must increase MF's", "there is not enough money in reserves so we must assess (or increase MF's"). It seems like they are preparing owners (and members) for upcoming bad news by building their case for assessments and increased MFs. I believe that the same statements and tactics were used at your resort and the Church Street Inn in Charleston SC. I have read posts by owners at the church street inn that said that the resort was in good shape financially and physically when Festiva took over. One owner said that their MF's almost doubled in 2 years after Festiva took over (I am not sure of exact figures). They said that they had trouble obtaining good financial records or annual statements.

Rowboat, if you have a chance I was wondering if you could enlighten us on what condition the Atrium was actually in physically and financially when Festiva took over. The Festiva company line is that the resort was a wreck and needed everything renovated and the finances were in shambles. Was that true, partially true, or totally false? Since taking over has festiva been forthcoming with financial statements and expenditures, or have they just done what they want without verification or justification of costs to the owners. Do you feel like the resort was managed well before festiva and do you feel that any MF increases or assessments were needed? I appreciate any reponses you can give us from the side of an owner at the Atrium.

Thanks, 

Tom


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## TUGBrian

just an FYI...i have zero desire for this to become a legal battleground between festiva and current individuals involved in legal proceedings against festiva.

while I agree the door was opened to begin with in the discussion...i am sure the individual posting here for festiva is not a lawyer and given where this thread has turned...would not suprise me in the least if no more responses on said topic were given.


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## tombo

I emailed Rowboat and invited him here. Festiva rep kept saying that there was so much misinformation on the Atrium, so I e-mailed one of the owners who started the litigation and invited him to post his view from the owners side. 

Festiva has someone posting their side, so why not invite owners at other Festiva resorts to join in to discuss and dispel myths or "misinformation"? I am sure that the Festiva Rep is not a lawyer either, but she seems to have no problem discussing the legal cases Festiva is or was involved in (i.e. Missouri, Atrium). I don't doubt that Festiva's legal dept reads and approves the posts that Festiva Rep posts here, but she is probably not an attorney herself. 

I would not be surprised if rowboat does not post here again since he in in litigation, but I hope he will return and discuss in more detail what has happened and what is currently happening at his resort since Festiva took over.

Rowboat, thanks again for coming.

Tom


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## TUGBrian

It was not my intention to prevent anyone from posting their opinion and or coming here to express it nor will i prevent anyone from doing so...instead merely to prevent TUG from turning into legal battleground for this particular issue.


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## FestivaRep

jercal10 said:


> Festiva Rep:
> Tamarack is a fixed week resort.
> 
> Thanks for all your inputs



Sorry Jercal, more specifically I meant that prior to the acquisition last year, none of our resorts were fixed week.


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## pianodinosaur

TUGBrian said:


> It was not my intention to prevent anyone from posting their opinion and or coming here to express it nor will i prevent anyone from doing so...instead merely to prevent TUG from turning into legal battleground for this particular issue.



Actually, anything that has been posted here is most likely discoverable should there be any litigation.


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## somerville

TUGBrian said:


> just an FYI...i have zero desire for this to become a legal battleground between festiva and current individuals involved in legal proceedings against festiva.
> 
> while I agree the door was opened to begin with in the discussion...i am sure the individual posting here for festiva is not a lawyer and given where this thread has turned...would not suprise me in the least if no more responses on said topic were given.


She is probably not a legal person.  Most likely, she is a public relations person.  However, if she is not a legal person, she shouldn't be representing that she knows what happened in the course of the legal proceedings between the State of Missouri and Festiva.  I can't speak to the Atrium owners lawsuit.


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## TUGBrian

double edged sword there no?

if there was no reply to the original question some would want him/her lynched for ignoring the question =)


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## FestivaRep

*Brv 2*

No I am not a legal person; however, all of the information that I've posted about the 'legal stuff' has come directly from our General Counsel, who I meet with on a regular basis. 

Now, back to answering some of Tombo's questions about BRV 2...  Phase 2 of Blue Ridge Village was in fact never sold out or even close to it.  Way before Festiva ever came into the picture, the Peppertree/Equivest Vacation Club owned most of the unit intervals there.  

Currently, the Festiva Adventure Club owns 2,560 unit intervals there, and the Equivest Club (which Festiva owns) owns 305.  There are 3,876 total unit intervals in Phase 2, so Festiva's Clubs own 74% of phase 2.  

Of the number that is currently owned by the Festiva Adventure Club (FAC), some were previously owned by the Equivest Club (EVC) and were moved as people have upgraded from EVC to FAC; Some were unsold Peppertree Resort Villas developer inventory that we purchased and moved to the FAC; and a few are from BRV 2 weeks owners who upgraded to the FAC.

I hope this clarifies some of your questions about the distribution of the intervals there.


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## coinman374

Thank you for your support. I haven't taken the time to get back on the board because we were out of town. Other than the Festiva ploy to "trick" owners of weeks to trade to points I have not had any problems with Festiva. Unfortunately there has been quite a nasty litigation going on between Festiva and Summerwinds. That was a bit of a concern to me.


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## coinman374

coinman374 said:


> Thank you for your support. I haven't taken the time to get back on the board because we were out of town. Other than the Festiva ploy to "trick" owners of weeks to trade to points I have not had any problems with Festiva. Unfortunately there has been quite a nasty litigation going on between Festiva and Summerwinds. That was a bit of a concern to me.



OOPPPS....Not "litigation"....dispute....sorry...


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## freewheelin01

Need some help with Peppertree Vacation Club in Asheville. Looking at possibly buying resale....
1.) Is Peppertree Asheville now part of Festiva? or are they on their own? I see conflicting info on-line. 
2.) The unit is Equivest points - are those still valid? If not, is the unit only good for the deeded week or is it not good for anything? I am confused! 
3.)Also - if Equivest is still alive - does anyone have a points chart? The points are 1500 and they state that number of points will be a 2bdrm - however, they have changed the posting since it initially showed up, so I want to be sure.
4.) There are lots of negative posts/threads regarding Festiva, Equivest resorts and the take over. Has anything changed or improved recently?

I will do my due dilligence and call the resort too - but wanted to get input from all the experienced Tugger's too! TIA!
Julie


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## somerville

freewheelin01 said:


> Need some help with Peppertree Vacation Club in Asheville. Looking at possibly buying resale....
> 
> 1.) Is Peppertree Asheville now part of Festiva? or are they on their own? I see conflicting info on-line.


Asheville does not appear to be part of the network anymore.  I was told that the units were sold for a term of years and that the terms have expired.  In addition, there were never many intervals in the EVTC.



> 2.) The unit is Equivest points - are those still valid? If not, is the unit only good for the deeded week or is it not good for anything? I am confused!


The points are still valid, but EVTC is a dying program, and Festiva is trying to get EVTC owners to pay over $3,000 to convert to Festiva's Adventure Club.



> 3.) Also - if Equivest is still alive - does anyone have a points chart? The points are 1500 and they state that number of points will be a 2bdrm - however, they have changed the posting since it initially showed up, so I want to be sure.


Yes, I have a points chart.  1,500 points is a small number of points.  It would get you a two bedroom exchange with II during the Flexchange period.  Most 2BR Club reservations during high season cost 2,800 - 3,300 EVTC points. 



> 4.) There are lots of negative posts/threads regarding Festiva, Equivest resorts and the take over. Has anything changed or improved recently?


I have seen no improvement.  You may want to join the Equivest - Peppertree Yahoo Group - http://groups.yahoo.com/group/Equivest-PeppertreeOwners/


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## bnoble

Personally, I wouldn't take Equivest points for free---"a dying program" might be a charitable description.


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## davidpatb

FestivaRep said:


> Hi Dawn;
> 
> The ability to trade internally is limited to points members only; therefore, fixed week owners do not have the ability to do this type of trade.
> 
> However, If you would like to stay at a Festiva property, as a member you are entitled to a discounted nightly rate of up to 50% off the current rack rate.  These are NOT marketing/sales tours, you can book these by calling the resort(s) directly.  The phone numbers can be found on our website.



We have been owners at the Cabins At Green Mt. for 3 years.  We have never traded our unit.  We were thinking of trading our unit internally this next year, as our Festiva Purchase Proposal states that we are "Festiva Resorts VIP Charter Members", and that one of our benefits is Prefferred Exchanges to all Festiva Resorts.  As you stated above to Dawn, that there are no internal exchanges to owners, unless you have the points system.  We are not interested in the points system, but we would like the Company to keep the promises that we have in writing.  How can Festiva take back the promises that it gave the customers who bought Cabins from them 3 yrs. ago? 

I would also like to thank Festivarep for answering our questions.  

I would also like to say that The Cabins At Green Mountain in Branson are very nice cabins, and I am happy to be an owner there.  I just would like to be given what I was promised in the beginning.


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## Talent312

davidpatb said:


> ...  How can Festiva take back the promises that it gave the customers who bought Cabins from them 3 yrs. ago? ...
> I just would like to be given what I was promised in the beginning.



How?  Because they can.
As a business professor once explained in a contracts class:  No one has to honor a contract.  People breach contracts all the time.  For anyone contemplating breaking a contract, the bottom line is -- What will the other party do about it?  Will they go thru the trouble to sue you, will they picket your office, or will they send someone to break your legs?"


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## bnoble

It's also quite possible that, somewhere in that contract, it states that such things are subject to change without notice.  Meaning---you don't have a promise of anything at all.

I don't know what Festiva's contracts look like, but Wyndham's does this for e.g. the VIP program.  In reality, nothing at all is promised.


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## davidpatb

So it seems, that my only choice of trading for a week somewhere else, would be thru II.  I dropped them a year ago, when I was told by a person that I talked with at Festiva, that I could trade internally.  Guess I will renew my membership with II, because I am not trading to the point system.  This may be something that the AG needs to look into.  I would not have known anything about this, had it not been for the Tugg forum.  Thanks for the information.


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## Tia

Sad truth isn't it...





Talent312 said:


> How?  Because they can.
> As a business professor once explained in a contracts class:  No one has to honor a contract.  People breach contracts all the time.  For anyone contemplating breaking a contract, the bottom line is -- What will the other party do about it?  Will they go thru the trouble to sue you, will they picket your office, or will they send someone to break your legs?"


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## FestivaRep

*RE: Festiva Internal Trading*

davidpatb:

As a Cabins at Green Mountain owner, you are not a fixed week owner, the week you own is a floating week.  Festiva Resorts floating week owners *do* have the ability to trade with other Festiva Resorts.  I'm sorry if my post to the Blue Ridge Village fixed week owner caused any confusion.

For more information on internal trading, please contact the Owner Services department at 866-933-7848.


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## pianodinosaur

*Question for Festiva Rep*

How would all this controversy affect me if I were to exchange inorder to spend a week at the Atrium?  Is the Atrium in good shape or not?  Apparently many people love that resort.  Is it in the process of being destroyed?


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## Flo

We own at the Atrium and were just there in May. It's in great shape-we had a terrific time and it will be there whenever you go!


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## davidpatb

Festivarep.....Thanks for responding to my post.  I was just about to call Festiva to discuss this, and checked the board.  I am glad that we are able to trade internally.  Festiva has acquired some nice resorts.  

Thanks again.


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## FestivaRep

davidpatb said:


> Festivarep.....Thanks for responding to my post.  I was just about to call Festiva to discuss this, and checked the board.  I am glad that we are able to trade internally.  Festiva has acquired some nice resorts.
> 
> Thanks again.



No problem!  I'm glad you enjoy our properties.  Please let me know if you have any other questions.


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## FestivaRep

pianodinosaur said:


> How would all this controversy affect me if I were to exchange inorder to spend a week at the Atrium?  Is the Atrium in good shape or not?  Apparently many people love that resort.  Is it in the process of being destroyed?




Hi Pianodinosaur;

If you can be a bit more specific about what 'controversy' you're referring to I may be able to better answer your question.  And the resort is certainly NOT in the process of being destroyed, in fact we are doing our best to make improvements and renovations throughout the property.  If you are a Festiva Resorts member who wants to exchange into the Atrium, you can call our Owner Services department.


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## pianodinosaur

Festiva Rep:

The controversy is that many owners at The Atrium have expressed deep concerns about the new management.  I own at HGVC and like to vacation in the Carribbean during the winter. I would like to visit Sint Maarten, Barbados, and Curacao in the next 3-4 years.  I had heard very good things about The Atrium before I joined TUG and it is apparent from this thread that there are many members who just love The Atrium.  I have also read posts to the effect that some owners at The Atrium do not want to see a resort that they love, be destroyed. However, an owner has responded that I would not be disappointed if I were to exchange for a week at The Atrium.


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## jercal10

*Festiva/ Peppertree@Tamarack*

I am an owner @ Pepertree@ Tamarack. I recently received 2 mailings:

a) a nomination form for officers-received after the due date to submit.

b) on the same day I received a letter with 2 things:
1) a list of nominees( guess who picked some of them? how did they get them in on time??)
2) "The approved 2009 Consolidated budget"

    Hilites : 6.4% increase in op costs
               11.3 % increase in MF
               this is approximately $193k more increase in Revenue than expenses, yet they have decreased the money going to reserves by $143k

               There is no explanation of where the $193k+ $143K= $326k is going!!!!  

                Nor is there any statement as to how much we have (or don't have) in reserve.

        There's probably a couple of things here in blatant violation of Wis law,
         but with loaded boards, little that can be done.

         Be vigilant at your resort--make these guys provide decent management for their fees.


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## Tia

There has to be honest owners on the board for owners to get honest answers. A board loaded with developer or management company run by them is BAD!


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## Talent312

jercal10 said:


> I am an owner @ Pepertree@ Tamarack. I recently received 2 mailings: [Litany of Complaints]
> There's probably a couple of things here in blatant violation of Wis law,
> but with loaded boards, little that can be done.



If you truely believe that Wisconsin law is being violated by these things, there's something you can do... Contact the Wisconsin Attorney General's Office or whatever agency is tasked with regulating TS's.  Make some noise.  Just sitting on your arse and posting your gripes here will not change anything.


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## Tia

Ditto to what Talent312 just posted. They do it cause no one holds them responsible....


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## bnoble

I don't understand how the fees were calcuated either.  However, at least a few of those running for the board are not Festiva employees, as they describe their backgrounds in their statements.

I cannot attend the meeting, but would like someone who does to ask why the fee increases don't line up with the budget, and report back.  Anyone expecting to go?


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## jercal10

*Tamarack budget*

Here's my dialogue with the resort GM:

* *my question*:  "1) the MF  increase  is 11.3%, and the expense increase is only 6%. Where is the rest of the money going??*


**response*:"When you do a budget you take into consideration income and expense, our income is considerably under and are expense is considerably higher. Therefore this offsets each other.

My comment
Don't expect any real answers  as the GM  is unprepared to say that the budget is wrong.


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## tombo

jercal10 said:


> Here's my dialogue with the resort GM:
> 
> * *my question*:  "1) the MF  increase  is 11.3%, and the expense increase is only 6%. Where is the rest of the money going??*
> 
> 
> **response*:"When you do a budget you take into consideration income and expense, our income is considerably under and are expense is considerably higher. Therefore this offsets each other.



Dear GM,
Well when you consider what I want to pay in MF"s and what you are charging, my desired outlay is considerably under, and your asking amount is considerably over. I will simply pay less MF's since these 2 offset each other. If they can do the budget that way then owners should be able to pay that way too.


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## Laurie

FestivaRep said:


> I'm employed by Festiva Management Group and I'm here to answer any questions that I can. If I can't answer them, I will direct you to the person/department who can.


Hi FestivaRep,

Can you tell us anything about the new/upcoming association between Sandcastle Resort in Provincetown and Festiva? 

First, is this true? - is Festiva the new management company? If so, what benefits might there be, if any, to fixed weeks owners who don't convert to any points system? And, what special assessments might be slated for 2009?


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## Carolinian

There is a huge conflict of interest in management putting its employees on an HOA board.  Board members should all be bonafide t/s owners who do not owe their souls to management.  I would run, not walk, away from any resort where management has seats on an HOA board.


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## FestivaRep

*re: Tamarack meeting mailings*



jercal10 said:


> I am an owner @ Pepertree@ Tamarack. I recently received 2 mailings:
> 
> a) a nomination form for officers-received after the due date to submit.
> 
> b) on the same day I received a letter with 2 things:
> 1) a list of nominees( guess who picked some of them? how did they get them in on time??)
> ...



Jercal,

I'll see what I can find out about the budget, I'll have to talk to several people as I'm not directly involved in that aspect of the company.  

However, one thing I can definitely say is that the nomination letter for the Tamarack board meeting was mailed on August 29 (and the due date for receiving nominations was Sept. 10) so you should have received that in plenty of time.  The proxies with the bios, etc. were mailed almost a month later on Sept. 22.  I'm not sure why you received them both on the same day.  I am the contact who works directly with our mailing company to send most of our member/owner mailings, and I have confirmation from the mailing company that the first letters were sent on 08/29.  I haven't heard that anyone else received the letters after the due date.  If you want to verify that we have your accurate contact information, send an e-mail to myemail@festivaresorts.com and they will make sure it is up to date.


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## timeos2

*Not even close to a reasonable time*



FestivaRep said:


> Jercal,
> 
> 
> However, one thing I can definitely say is that the nomination letter for the Tamarack board meeting was mailed on August 29 (and the due date for receiving nominations was Sept. 10) so you should have received that in plenty of time.



How do you figure "plenty of time"? Thats 12 days to get the letter, get the BIO/ nomination ready, get it mailed and back to you.  Not CLOSE to enough time. I should be a window of 30 days or more if you are serious about getting real nominations. Bulk mailings don't arrive in the mailbox 2 or 3 days later especially when there is a holiday in the mailing window as there was during 9/1 - 10.


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## bnoble

> However, one thing I can definitely say is that the nomination letter for the Tamarack board meeting was mailed on August 29 (and the due date for receiving nominations was Sept. 10) so you should have received that in plenty of time.


I recv'd my nominating letter on September 11th, the day after nominations closed.


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## FestivaRep

*mailings*

The mailings went out as promptly as possible, and were sent by the post office on August 29.  As indicated on the letter, nominations did not have to be mailed in, they could have been faxed or e-mailed to the GM to save time.  If you have concerns about the timeliness of the mailings, those can be addressed directly to the GM or the board.


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## Bill4728

Since this thread is nothing about buy or selling a TS,  I'm moving it to the "other TS board" .


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## jercal10

*Peppertree@ Tamarack ann'l meeting*



bnoble said:


> I don't understand how the fees were calcuated either.  However, at least a few of those running for the board are not Festiva employees, as they describe their backgrounds in their statements.
> 
> I cannot attend the meeting, but would like someone who does to ask why the fee increases don't line up with the budget, and report back.  Anyone expecting to go?




I received the detailed budget if you are interested, I can e-mail it??


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## jercal10

Festiva Rep:
It is is my understanding that at the annual meeting that Festiva voted the adventure club proxies as a block for its hand picked slate, at least one of which is not an owner.

It may not be technically a violation  of wis law for this to happen, but certainly violates the spirit  of the law  which says that a minimum of 25 % of the board must be picked by the owners. ( I do not believe that the adventure club owners really cast any votes, only Festiva).

What is Festiva's position on reinstating owner control,per the intent of the law??


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## FestivaRep

Hi Jercal,

I will look into your concern, but i just want to clarify that you are referring to the Peppertree at Tamarack annual meeting, correct?  Several of our properties' meetings have taken place over the last few months, so I just want to be sure.  Thanks.


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## jercal10

Yes, Peppertree@Tamarack


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## FestivaRep

*PTOA concerns*

I have gotten some information from someone who works closely with  our HOA boards, so hopefully your concerns will be addressed.  

There has been some concern about putting Festiva employees on the PTOA board, but this is not the case.  The three members we cast our (legal) votes for were:

1. An existing member of the previous board who is a homeowner in PTOA and the Board President of Mirror Lake 1 (also an HOA in Tamarack). He was RE-elected and is now the sitting Board President of the PTOA.

2. A homeowner and 2 year advisor to the board who was appointed by the previous board.  Has served 2 years attending every board meeting and now has an official board seat and vote.

3. Board President of Mirror Lake 2.  Not an owner in PTOA, but a 35-year association management professional, and someone who has a vested interest in the inner workings of the resort as a whole.  

The PTOA now has representatives from each of the 3 sub associations under the master (TOA) association.  The smaller Mirror Lake 1 and 2 HOAs had long felt that they weren't getting a fair shake from the PTOA on issues important to them and had no say in the TOA election process.  Only the PTOA Board president can vote in TOA elections, yet the TOA still charges thousands of dollars to the Mirror Lake HOA's each year for the shared use and exterior maintenance agreements.  We thought it fair to allow members of ML1 and ML2 serve on the PTOA board since the decisions made by the board affect all three HOAs.

To answer the concern about the board being picked by owners and Festiva casting votes as opposed to Adventure Club members, our Adventure Club members do not actually own deeded real estate at any of our resorts; rather, they have a 40 year club membership.  Therefore, they are not a part of a specific property's HOA.  We (Festiva) pay the maintenance fees for each club week.  While some of those maintenance fees are offset by the fees paid to us by club members, not all of them are. We are responsible for 100% of the maintenance fees for weeks we have in trust, developer owned weeks that have no one offsetting the expense, weeks that are in default, and weeks that the HOAs have sold us in order to get maintenance fees paid for those intervals once again and forever.  Further, if a club member does not pay their dues, Festiva still has to pay the fees on those weeks to the HOA, and we do so without fail. 

I hope this information has been helpful with relation to the PTOA meeting.  If there are any questions about this annual meeting or any other HOA board meeting, please let me know as they are all different.


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## FestivaRep

Laurie said:


> Hi FestivaRep,
> 
> Can you tell us anything about the new/upcoming association between Sandcastle Resort in Provincetown and Festiva?
> 
> First, is this true? - is Festiva the new management company? If so, what benefits might there be, if any, to fixed weeks owners who don't convert to any points system? And, what special assessments might be slated for 2009?



Festiva Resorts is not the new management company for the Sandcastle Resort, therefore we have no knowledge or control of any assessments for 2009.


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## jercal10

*festiva rep*

Festiva rep, thank you for your response about the PTOA.

I wonder how you decided to cast all the Club votes for these 3 candidates??

It hardly seems that this meets the intent of Wis law that developers not  control the board.

Oh well, we'll all hope for the best.


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## carl2591

wow,
 that was some good reading about festiva.. I was looking at buying a unit at BRV and now have decided to wait.. 

Tombo raised a lot of good points about BRV causing me to hit the hold button for a bit.. 

Nice to find out which units are phase 1 and phase 2

last message from FestivaRep was nov 14th... hope all is well


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## Sou13

*Southcape and Sandcastle discussions*

Readers of this discussion need to update on the situations at Southcape and Sandcastle since whoever the "owners" are informed them that they are now in the clutches of Festiva:  

http://www.tugbbs.com/forums/showthread.php?t=84127

http://www.tugbbs.com/forums/showthread.php?t=85788


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## Sou13

FestivaRep said:


> Festiva Resorts is not the new management company for the Sandcastle Resort, therefore we have no knowledge or control of any assessments for 2009.



This appears to be the final word from FestivaRep.  Please note that she is employed by the Festiva *Management* Group, and that FMG is not *managing* Sandcastle or Southcape.


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## Sou13

*Sandcastle/Festiva connection*



Sou13 said:


> Readers of this discussion need to update on the situations at Southcape and Sandcastle since whoever the "owners" are informed them that they are now in the clutches of Festiva:
> 
> http://www.tugbbs.com/forums/showthread.php?t=84127
> 
> http://www.tugbbs.com/forums/showthread.php?t=85788



The Sandcastle/Festiva connection discussion begins at http://www.tugbbs.com/forums/showthread.php?t=82489&highlight=Sandcastle


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## mimimay1

tombo said:


> I own a couple of weeks at a former Peppertree resort in North Carolina. Festiva took over the management from Wyndham of Blue Ridge Village after buying all of the Peppertree  (and I think Equivest) resorts. I figured what the heck, new management, new sales pressure, new people trying to recoup their investment.  Since I have fixed weeks ( which I like) at Blue Ridge Village, I figured it won't hurt me what ever changes they make. I searched Festiva here on TUG and found that there is a law suit against Festiva at the Atrium in St Maarten. Supposedly they raised MF's at the Atrium over 50% the first year and then again the second year while trying to change contracts to the detriment of  current owners.
> 
> This scared me so I called a board member today and asked if Festiva has mentioned raising our MF's, and I was told they were planning on upgrades and the MF's will increase. They also got a Festiva employee on the board  which is rarely good.
> 
> In addition on the Festiva web site it said that a couple if the properties they purchased has additional land where they could build additional units, and BRV is one of those. This will add more people to the pool, tennis courts, fishing on the lake etc. I asked the board member if she had heard anything and she said they are planning on building additional units. I would have thought the current owners would own all the property and common areas since the resort was sold out years ago, but apparently not.
> 
> I am asking for input from anyone who has experience with Festiva taking over their resort to see if I need to sell and get out before they raise the MF's by a ridiculous amount. The Atrium could be an isolated event, but I am scared that it is actually Festiva's standard operating procedure. Hopefully some TUGGERS have some knowledge of Festiva.



Hi,

I just bought festiva Resort . Please advice WHERE CAN i GET HOLD OF ANY BOARD MEMEBRS,THEIR NAMES........THANKS MILDRED mimimay1@aol.com


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## mimimay1

carl2591 said:


> wow,
> that was some good reading about festiva.. I was looking at buying a unit at BRV and now have decided to wait..
> 
> Tombo raised a lot of good points about BRV causing me to hit the hold button for a bit..
> 
> Nice to find out which units are phase 1 and phase 2
> 
> last message from FestivaRep was nov 14th... hope all is well



Hello,

I bought festiva resort last Aug of 2008 with 3,300 points and have not used it. I have decided to sell it and if you are interested,please let me know. Thanks Mildred ....mimimay1@aol.com SC


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## Sou13

*Another unhappy Festiva owner?*



mimimay1 said:


> Hello,
> 
> I bought festiva resort last Aug of 2008 with 3,300 points and have not used it. I have decided to sell it and if you are interested,please let me know. Thanks Mildred ....mimimay1@aol.com SC


There are two discussions you need to visit here:
Southcape Resort ( 1 2 3 4 5 ... Last Page)
Festiva takes over resort ( 1 2 3 4 5 ... Last Page)

The above links will take you to the first page.  As you will soon learn, you aren't alone in your unhappiness with Festiva!


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## Sou13

*Good post, tombo!*



tombo said:


> Festiva owns the weeks that the points memberships are based on so whenever a member defaults on their annual dues, it is not the other renters responsibility to pay Festiva's shortfall on their deeded property. If you are renting an apartment from a landlord he doesn't charge you more when your neighbors don't pay their rent.
> 
> Festiva bought all of the unsold inventory and all of peppertree's/ Wyndham's weeks at Blue Ridge Village giving them ownership of the majority of weeks in Phase 2 at my resort. They claim that they own the common areas out right and they also purchased woods which they plan on building new timeshares on. So yes they actually do own the mjority of Phase 2 at my resort, in fact they own 80% according to their CEO. No matter how many points memberships they sell, they will always own at least 80% because they don't offer the deeded weeks they own for sale. This 80% ownership is how they took over control of the HOAs because they have 80% of the votes.
> 
> I didn't buy into Festiva's system and never would. What happened is that I was a deeded owner when the resort was managed by Wyndham. I am still a deeded fixed week owner at the resort and Festiva can't do anything about that. Festiva came in and took over the resort and I had no say in that just like I have no say in them managing the resort, no say in what they charge to manage the place, no say in what they renovate, no say in what they assess, and no say about who they hand pick to be on the board. It is a great resort run by a terrible organization who raises MF's and assesses as they see fit. I have yet to quit and sell because I love the resort and the area, but once they inform me how much it will cost me in MF's and assessments in 2010 I might have to punt my weeks I own at this resort. I hope they will not be stupid and raise MF's and assessments so high that many more owners will have to default, but I am afraid that their need for cash now will lead them to charge too much during these tough times. We are at their mercy and I am afraid that they won't show any mercy. http://www.tugbbs.com/forums/showpost.php?p=822633&postcount=308


I'm posting this here because this discussion was so helpful to me as I researched Festiva Resorts when I nearly lost my deeded timeshare week to Festiva.  Thank you, tombo!


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## Sou13

*This discussion belongs in the points system discussions!*

Whoever decided to move this discussion to the U.S. Eastern forum has done TUG researchers a great disservice, especially as Festiva continues to take over resorts and moves into other regions.


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## tombo

This is a thread on the Central US forum

http://www.tugbbs.com/forums/showthread.php?t=118265


Since Festiva is discussed in the above thread (like this thread I originally posted in the points forum), I assume that it will now be moved to the eastern US forum. The above mentioned thread is about a Festiva resort in Branson so it should actually remain where it is, just like this thread discussing Festiva's use of the sale of points to take over resorts all over the western hemisphere (including Branson) should have remained in the points forum, but apparently any thread that mentions Festiva must be moved to the eastern US forum. If the above referenced post is allowed to remain in the central US forum (as it should), please return this thread to the points forum where it began and should remain. 

Thanks,
Tombo
__________________


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## Sou13

*Another resort falls prey to Festiva*

Festiva is in the process of taking over yet another resort.  The negotiations are going on "as we speak" and there seems no way to stand up to Goliath.  Thanks for the warning, tombo!


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## Sou13

*Update on the Festiva management takeover*

News about this resort since Festiva took over the management is found at http://www.tugbbs.com/forums/showpost.php?p=926295&postcount=384


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## Sou13

*So how bad IS is it going to get?*

Here's a link to a copy of the presorted First Class letter from Asheville, NC that arrived in the mailboxes of Southcape Resort deeded owners last week.  Many owners ignored it because they aren't aware that "Festiva Hospitality Group" has taken over the management of Southcape Resort:
http://xa.yimg.com/kq/groups/41573436/8567634/name/Festiva.pdf


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## Sou13

*In case the xa.ying link doesn't work*



Sou13 said:


> Here's a link to a copy of the presorted First Class letter from Asheville, NC that arrived in the mailboxes of Southcape Resort deeded owners last week.  Many owners ignored it because they aren't aware that "Festiva Hospitality Group" has taken over the management of Southcape Resort:
> http://xa.yimg.com/kq/groups/41573436/8567634/name/Festiva.pdf


Just in case the above link doesn't work, I've posted the contents of the letter at http://www.tugbbs.com/forums/showthread.php?p=944644#post944644


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## allsmiles277

*Festiva Resorts Atlantic Beach Board members*

HOA Officers
.
Ford Buffaloe - President
Robert Anderson - Vice President
David Heath - Secretary - Treasurer
(Ms.) Frances Gladson - Member
Thomas Taylor -


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## Sou13

Oops, wrong discussion.  This is about Blue Ridge Village, not Sandcastle.  How does one cancel a message?


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## carl2591

*Festiva Resorts Problems*



mimimay1 said:


> Hello,
> 
> I bought festiva resort last Aug of 2008 with 3,300 points and have not used it. I have decided to sell it and if you are interested,please let me know. Thanks Mildred ....mimimay1@aol.com SC



are pig flying..?? that is when I and most anyone that is aware of what is going on with Festiva would be buying some points.  try listing them on redweek.com


----------

