# Sandcastle P'Town Weeks Owners - please check in here



## ChrisH

Hi

Looking for owners of WEEKS at Sandcastle Resorts - Provincetown for updates and discussions.  Please respond here if you wish to be part of a discusssion or kept up to date on news.  

Trying to make a list of Sandcastle weeks owners.

If you don't wish to reply publicly - send a private msg.

Thanks

Chris


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## Craig

*Weeks owner*

I own 3 weeks in the Coachman building and have no intention of switching to points. I have not been contacted by anyone yet.


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## ChrisH

*$2.5 million document is the Mortgage on the properties.*

Also posted on Southcape thread:

Bk-Pg:23138-185 Recorded: 09-04-2008 Inst #: 46645 
Pages in document: 82
Grp: 1 
Type: Mortgage Doc$: 2,500,000.00
Desc: SEE INSTRUMENT
Town: MASHPEE Addr: 950 FALMOUTH RD 
Town: PROVINCETOWN Addr: ROUTE 6A 
Gtor: NEW ENGLAND VACATION SERVICES LLC (Gtor)
Gtee: COLEBROOK FINANCIAL COMPANY LLC (Gtee)

The previous document was the QuitClaim deed releasing the said units in each resort to NEVS for $1.2 million. 

This document is the Mortgage between NEVS and Colebrook Financial on those same properties for $2.5 million.
The first several pages (185-196) are the details of the mortgage, subject to insurance of the properties, liens on the properties, defaults, remedies for defaults etc. etc. etc. Typical mortgage stuff.

The next batch of pages (p 197 - 264) listed by resort are the individual units in each resort/building etc. by interval which are included in this mortgage. It lists the Units/intervals which NEVS obtained in the previous quitclaim deed. So if you have a deeded week and did not join Festiva, you unit/interval should NOT be listed.
The final pages 265- 266 list any easements related to the properties such as easements for the electric company etc.


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## ChrisH

*$1.2 Million Doc is a Quitclaim deed*

Also posted on Soutcape Thread 

Bk-Pg:23138-109 Recorded: 09-04-2008 
Type: Deed Doc$: 1,200,000.00
Desc: SEE INSTRUMENT

Town: MASHPEE Addr: 950 FALMOUTH RD 
Town: PROVINCETOWN Addr: ROUTE 6A 

Gtor: BARTH, VINCENT J (AS ID AS TR &O) (Gtor)
Gtor: WOODS, ROBERT P (AS ID AS TR &O) (Gtor)
Gtor: SOUTHCAPE TRUST (BY TR &O) (Gtor)
Gtor: ACQUISITIONS INC (&O) (Gtor)
Gtor: SOUTHCAPE RESORT & CLUB COMMUNITY ASSOCIATION INC (&O) (Gtor)
Gtor: JEC PROPERTIES INC (&O) (Gtor)
Gtor: SAND CASTLE NOMINEE TRUST (BY TR &O) (Gtor)
Gtor: ROYAL COACHMAN CONDOMINUM TRUST (BY TR &O) (Gtor)
Gtor: SAND CASTLE CONDOMINIUM TRUST (BY TR &O) (Gtor)
Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

The contents of this document is a quitclaim deed, releasing the following to NEVS from the above Gtors.

Southcape Trust, recorded June 12, 1987, Book 5771, p 278;
Sandcastle Nominee Trust, recorded Feb. 4, 1986, Bk 4911, p 284
Royal Coachman Trust, dated Apr. 9, 1979, BK 2897, p 273
Sandcastle Condo Trust, dated June 21, 1983, BK 3776, p 115

for $1.2 million to NEVS, LLC 93 Haws Avenue, Hyannis. 

Parcel 1 Units of Southcape in Master Deed and Timeshare supplement, July 23, 1982 Bk 3626, p 52, amended Bk 3743, p 281.

Parcel 2 Southcape Units in Master Deed and TS suppl, May 7, 1986, Bk 5937, p64

Parcel 3 Units in Sandcastle Bldg of Master Deed March 22, 1979, Bk 2897, p 242; amended Bk 3052 p 230; Bk 3073, p 308; Bk 3495, p 109.

Parcel 4 Dune Bldg Units, Master Deed June 30, 1983, Bk 3778, p. 78. 

The next pages are individual lists of each building/resort which are included in this deed and released to NEVS, LLC. They are only the units which were held by the Gtrs.

Again, apologize for any typos, but I have to open each indiv page, copy down the info, and then retype it in. Cannot cut and paste. Copies are $1/page!


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## Fig

ChrisH said:


> Also posted on Southcape thread:
> 
> Bk-Pg:23138-185 Recorded: 09-04-2008 Inst #: 46645
> Pages in document: 82
> Grp: 1
> Type: Mortgage Doc$: 2,500,000.00
> Desc: SEE INSTRUMENT
> Town: MASHPEE Addr: 950 FALMOUTH RD
> Town: PROVINCETOWN Addr: ROUTE 6A
> Gtor: NEW ENGLAND VACATION SERVICES LLC (Gtor)
> Gtee: COLEBROOK FINANCIAL COMPANY LLC (Gtee)
> 
> The previous document was the QuitClaim deed releasing the said units in each resort to NEVS for $1.2 million.
> 
> This document is the Mortgage between NEVS and Colebrook Financial on those same properties for $2.5 million.
> The first several pages (185-196) are the details of the mortgage, subject to insurance of the properties, liens on the properties, defaults, remedies for defaults etc. etc. etc. Typical mortgage stuff.
> 
> The next batch of pages (p 197 - 264) listed by resort are the individual units in each resort/building etc. by interval which are included in this mortgage. It lists the Units/intervals which NEVS obtained in the previous quitclaim deed. So if you have a deeded week and did not join Festiva, you unit/interval should NOT be listed.
> The final pages 265- 266 list any easements related to the properties such as easements for the electric company etc.



Chris, are you saying the total on the quit claim is 1.2 million for each property or 2.4 for both or did they take out a 2.5 million dollar mortgage for only 1.2 million worth of units?


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## ChrisH

*FESTIVA Pubic Offering Statement in MA*

Partial Document - just part of the first page   Also posted on Southcape forum


Sorry for the typos:

Festiva Resorts Adventure Club
Commonwealth of MA
Public Offering Statement

Developer of the FSAC is Festiva Development Group, LLC, a Nevada limited liability company with a principal address on One Vance Gap Road, Asheville, NX 28805.

The Seller of Club Memberships in MA is *New England Vacation Services, LLC, a MA limited liability company with a principal address of 135 E. Hickory, Denton TX, 76201*. Pursuant to an Affiliation Agreement between FSAC and NEVS, NEVS has prepared this POS, based upon information provided by FSAC, and is offering Club Memberships for sale in MA for its own account. 

The Club is a multi-state, multi vacation site vacation program featuring …. 

A purchaser does not acquire real property interest in any Festiva resort or other resort property, nor does he or she acquire title to any Unit. Instead, title to, or the right to use each Unit is held in the name of InterCIty Escrow Services, as Trustee (the ‘Trustee’) under the FSAC and related Trust Agreement. 

V. Managing Entities
The operation of the Club is the responsibility of the Association, which is a South Carolina non profit, non stock corporation. The Members of the Association consist of all owners of Points including the Developer, which is deemed to be the owner of all unsold Points. The location of the Associations principal place of business is on Vance Corp Rd, Ashville, NC. 
…
The Developer currently controls the Association, and the Developer has the right to retain control of the Association after a majority of Points has been sold.

To assist in its responsibilities, the Association has entered in to the Management agreement with the Manager, Festiva Mgt Group, LLC. A copy of the MGT Agreement is available from the Association upon request. The Manager, an affiliate of the Developer, and is located at One Vance …. The Manager was formed on March 24, 2005. The sole member of the Manager is Festiva Hospitality Grp Inc, a Nevada corporation.
*
135 E. Hickory, Denton TX, 76201* which is the address of *Outfield Marketing.*


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## ChrisH

It appears ( I am not a lawyer, paralegal, janitor in a law office - or have any legal knowledge other than what I get from what I read) THAT:

Barth, Woods et al. sold the undeeded weeks at both Sandcatle/Southcape for a total amount of $1.2 million to NEVS and that

Cole Financial then gave NEVS a $2.5 million mortgage on that property in it's entirely which included Southcape, Sandcastle, Royal Coachman and Dunes properties.

and that's if I am reading all this correctly.  

Ps If you note the dates on the Barnstable Deeds Records, these transactions were recorded on the exact same date.


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## Fig

ChrisH said:


> It appears ( I am not a lawyer, paralegal, janitor in a law office - or have any legal knowledge other than what I get from what I read) THAT:
> 
> Barth, Woods et al. sold the undeeded weeks at both Sandcatle/Southcape for a total amount of $1.2 million to NEVS and that
> 
> Cole Financial then gave NEVS a $2.5 million mortgage on that property in it's entirely which included Southcape, Sandcastle, Royal Coachman and Dunes properties.
> 
> and that's if I am reading all this correctly.
> 
> Ps If you note the dates on the Barnstable Deeds Records, these transactions were recorded on the exact same date.



Wow, so who got the 1.3 million of excess mortgage money?


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## Laurie

*an RCI rental gripe to add*

I'm just registering here as requested, plus to complain that my July 2010 week was banked with RCI, but it cannot exchange back into Sandcastle for that month. That's because all of RCI's inventory is rental only for that period. I could rent a unit for $590-something - $650 inc tax. 

So if I want to bank my 2011 week and exchange back into a different summer week, I'd probably have to pay. What with increases in mf's and expected special assessments, it's almost cheaper to just rent thru RCI, even in prime summer.  :annoyed:


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## ChrisH

*RCI exchanges*

I'm not sure about this, but I thought RCI has some rule that they have to have a record of the maintenance fees being paid for the year of your deposit before you could get and exchange on that deposit.  I think that's been in place for awhile, but not sure because originally it wasn't that way. 

For example, if you deposit your Summer 2010 week in 2009, and you don't pay the maintenance fee until Jan. 2010, then you can't exchange the 2010 week until the resort confirms that payment in Jan. 2010.   I think this happened when my daughter wanted to go to Mexico.  We had several weeks in there, and when she tried to use a larger unit that was deposited in early January, she couldn't get a confirmation, but when she used a smaller unit, that was from a previous year, it worked fine.  Then when we searched more places in Feb. they all worked.

I believe if you want to do the exchange now, you have to pay the maintenance fee now.  I would call RCI weeks and ask them about it.  It might be the way it works now.

The other thing is, if your trying to exchange for a 2010 Sandcastle week, there may either not be any deposited yet, and/or maybe any that have been deposited, don't have THERE maintenance fees paid for 2010 either - so RCI hasn't released them into the system.

I could be totally wrong, but I would check with RCI.


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## Laurie

My deposit was made last year, Sandcastle doesn't require maintenance fees to be paid in advance to verify with RCI, and RCI used to have plenty of summer weeks for Sandcastle owners to exchange back into. The issue here isn't lack of deposits, it's that RCI pulled them all out of exchange inventory and put them into rental inventory. 

I'm not meaning to change this thread into a different topic, I couldn't resist whining about this though, it's a very recent development, maybe since the "enhancement". 

Carry on!


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## Sandy VDH

Chris H is incorrect.  Laurie is correct.

Sandcastle is the only 1 of 2 resorts that I have that doesn not require prepayment of MFs in order to deposit the week in RCI.  That may change in the future, but for now it is NOT the case.  RCI has NO information about MF payments.  So if weeks are deposited in RCI they should be available in RCI. 

RCI however, as all of us know, have been cherry picking deposited weeks and funneling them off to their rental program.  They take the more desirable weeks and rent them off.  This is what spawned the latest class action legal action.

In the past shoulder season Sandcastle owners could trade via RCI to get some summer weeks, that just doesn't seem to happen anymore.  That has more to do with RCI than with the current situation on the ground at Sandcastle.  However if more and more owners give their weeks, and perhaps desireable summer weeks to Festiva, who know what will happen to that inventory.


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## Carolinian

For depositing summer weeks try an indepedent exchange company like:

www.daelive.com
www.htse.net
www.tradingplaces.com
www.platinuminterchange.com


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## ChrisH

*Look who's lookin' at US again*

NEVMSLLC  
Status: Guest 
  Last Activity: June 21, 2009 03:37 PM 
Viewing Thread Sandcastle P'Town Weeks Owners - please check in here @ 03:37 PM


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## ChrisH

*Here's the Sandcastle WebSite - some pages are incomplete*

This appears to be the website.  Has reservations, room accomodations, general info about area- pictures etc.  Other info is still blank ie. Owners and Sales. 

http://www.sandcastlecapecod.com/


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## chark

*Scare tactics*

We were threatened by both the angry woman in the lobby and the salesman. When we turned down their offer of a meeting, the woman said that we will lose rights by not going to the meeting. Later, the salesman told my husband that we will never be able to exchange for July and August weeks if we didn't buy points. 
The woman in the lobby is hurting Sandcastle's reputation; she sits there, glaring at everyone that comes in, no identification as a time share rep, and someone may well believe that she is a Sandcastle rep, when she is not.
Our assessments are going up to pay for these underhanded, aggressive con artists to destroy our resort!


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## Sandy VDH

Why does it appear that the SA fee is the same for everyone, regardless of the unit size that you own?  Is that a normal way to apply assessments?


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## chark

*fees*

I am going to contact the other resort which we own at for their assessment format.  I DO know that they do not charge everyone a flat assessment fee and to my recollection they break every maintenance and operating cost down for each item they are assessing for.  In addition, they also show the previous year's expenditures to compare.  They are reputable and established, unlike what we are dealing with.
The most suspicious part of the overview, in my opinion, was that there were no breakdowns.  If you are asking for that sum of money from people, provide the appraisals...I doubt that such appraisals exist.  If you borrow money from a bank, they don't give it without knowing every detail of your finances, I believe that we are their bank, and deserve to know exactly where the money will be spent.  And why does everything have to be done at once?


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## Craig

*Why All At Once Is A Good Question*



chark said:


> And why does everything have to be done at once?



DITTO. AGREE WITH YOU %100


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## ecwinch

chark said:


> I am going to contact the other resort which we own at for their assessment format.  I DO know that they do not charge everyone a flat assessment fee and to my recollection they break every maintenance and operating cost down for each item they are assessing for.  In addition, they also show the previous year's expenditures to compare.  They are reputable and established, unlike what we are dealing with.
> The most suspicious part of the overview, in my opinion, was that there were no breakdowns.  If you are asking for that sum of money from people, provide the appraisals...I doubt that such appraisals exist.  If you borrow money from a bank, they don't give it without knowing every detail of your finances, I believe that we are their bank, and deserve to know exactly where the money will be spent.  And why does everything have to be done at once?



I do agree that the owners should receive a detailed budget for the special assessment. 

In regard to your annual m/f (assessment), that format is dictated by state statute. It is the Annual Report requirement. Their is no similar requirement for special assessments. Just FYI if you decide to press the issue.


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## Genya

Week onwner that unfortuately signed up with Festiva becasuse they told us that we would have to start paying $1,500 a year for maintence.  If we join we would no longer have to pay that fee.  We had to sign right away becasue $1,500 is due right away.  The week was under both me and my husband's name.  I was told to "forge" his name. I did...... sigh...how to I get out of all this.  We liked it the way it was....please help... I am sooooo dumb to have fallen for this....sigh


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## mweinberg

It sounds to me like you were defrauded out of your deed.  If I were you, I'd try to contact either the Massachusetts Department of Consumer Affairs or a private attorney.  You might be able to rescind the deal.

Michael


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## e.bram

Genya:
Who notarized your "husbands" signiture(required for recording the deed)? They are in DEEP doodoo.(Notaries are state appointed)


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## PClapham

Hi- Another owner; just bought it several years ago to exchange.  However, I'm fed up with rci and am looking into selling, but would NEVER buy into the Festiva scheme!
Anita
wk 33


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## Classylassy523

*Documents being notarized in Texas*

I have heard that the documents that people are signing are being notarized in Texas.  There certainly isn't anyone in that Owners Services office doing any notarizing.  

I believe you about the 'forging'.  You are the second owner who has said the same thing.  One woman owned multiple units with a friend, and her friend owned one unit outright.  The salesman told her it was okay to sign the other woman's name because they were friends.

To make it even worse, this poor woman had no idea she was giving away her property.  He had led her to believe the deeds had to be changed because of the change in management.  They got 5 units from these people.


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## Sandy VDH

chark said:


> I DO know that they do not charge everyone a flat assessment fee and to my recollection they break every maintenance and operating cost down for each item they are assessing for.



I own a studio 4/2 and got the same SA bill for the same amount that others mentioned.

Did everyone get the same bill for $883.94?  Why is it not broken down by type of unit?  Clearly this can't be legit, as they are assessing it across all of the 3300 intervals to exact same amount.


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## e.bram

I don't care where the document is notarized, the notary is supponed to ID the signer and witness the signature.


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## Classylassy523

*Sandcastle owner looking for a unit to buy*

I have been contacted by a Sandcastle owner who would like a 1-bedroom waterfront unit.  They own a studio but have out grown it.  They are looking for Week 30 ~ Unit 200/201 and Week 30 ~ Unit 310/311.  I suggested that they list here on TUG, don't know if they did or not.  Just thought I would ask anyone who might be reading the thread.  Feel free to email me by clicking on my name.

Thanks


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## Classylassy523

Sandy Lovell said:


> I own a studio 4/2 and got the same SA bill for the same amount that others mentioned.
> 
> Did everyone get the same bill for $883.94?  Why is it not broken down by type of unit?  Clearly this can't be legit, as they are assessing it across all of the 3300 intervals to exact same amount.



There is a formula that exists for working up the assessments ... Cliff just charged everyone the same amount of money.  Must have been easier for him.


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## Classylassy523

e.bram said:


> I don't care where the document is notarized, the notary is supponed to ID the signer and witness the signature.



Well unless they have cameras aimed at the tables where people sign, there is no way someone in Texas can legitimately notarize those documents.  And, even if they had that kind of set up, I doubt that would be legitimate.  So I would say that would bring the legality and legitimacy of those documents into question.  Just like everything else concerning Outfield Marketing and Festiva.


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## e.bram

But, this is prima fascia evidence of criminal fraud!!!! Should void the transfer.


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## Classylassy523

e.bram said:


> But, this is prima fascia evidence of criminal fraud!!!! Should void the transfer.



You would think so, wouldn't you?  There are all kinds of laws being broken but the AG is just too busy planning her run for the US Senate.  Still say if we get the media on our side, they would help us with the AG.  I don't think she would like any bad press right about now.


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## Craig

*Question*

Are those who gave up their deeds to Festiva getting the $800+ assessment?


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## pbello

I own two weeks in sandcastle and am shocked by the large assessment. There should be a class action lawsuit against the management.


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## Sou13

There is.  Are you on the Sandcastle owners' email list?


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## Classylassy523

*Sandcastle Owners List*



pbello said:


> I own two weeks in sandcastle and am shocked by the large assessment. There should be a class action lawsuit against the management.



You should contact the owners list and request to be added.  Email me and I will give you the information.


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## Classylassy523

Craig said:


> Are those who gave up their deeds to Festiva getting the $800+ assessment?



Spoke with one owner who gave up his deeds and he said that he wasn't required to pay the special assessment because he turned his deeds over before the assessment was due.


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## e.bram

Festiva should pay the SA.


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## ecwinch

Back when FestivaRep was responding this question was asked. She did report that Festiva does pay the assessments just like any other owner.

The owners that deed their week over to Festiva do not indivdidually pay the assessment. This is one of the selling points of FAC. That they blend all m/f and special assessments from all the resorts and then bill the owner that "blended" rate. So it shields owners from the unexpected "spike" in costs due to a special assessment.


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## Classylassy523

e.bram said:


> Festiva should pay the SA.



Interestingly enough ... the sales rep told him that he could be responsible for the SA that will be coming in the next couple of years for the sewer system.  I told him that if he sold and it wasn't written in the contract, then he shouldn't be responsible.  That would be like him selling his house with a septic system, the town installing a sewer system and the new owner coming back on him to pay for it.


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## Classylassy523

ecwinch said:


> Back when FestivaRep was responding this question was asked. She did report that Festiva does pay the assessments just like any other owner.
> 
> The owners that deed their week over to Festiva do not indivdidually pay the assessment. This is one of the selling points of FAC. That they blend all m/f and special assessments from all the resorts and then bill the owner that "blended" rate. So it shields owners from the unexpected "spike" in costs due to a special assessment.



Also part of that is members pay for the management at the resort and the management at Festiva.  So based on what you are saying, everyone in the points system is responsible for paying MFs and SAs at every resort, not just the one that they held a deed?  Is it possible that belonging to that kind of an organization you have more exposure to unexpected costs than when you were a deeded owner?

If Festiva should take a large hit ... like a lawsuit against them or even damage to one of the resorts they own ... can they pass that onto the points members?  Could or would it be considered or passed along as the cost of operating?


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## ChrisH

*When did you do this?*



Genya said:


> Week onwner that unfortuately signed up with Festiva becasuse they told us that we would have to start paying $1,500 a year for maintence.  If we join we would no longer have to pay that fee.  We had to sign right away becasue $1,500 is due right away.  The week was under both me and my husband's name.  I was told to "forge" his name. I did...... sigh...how to I get out of all this.  We liked it the way it was....please help... I am sooooo dumb to have fallen for this....sigh



If you did this within the last week or so, cancel your credit card or stop payment on your check immediately.  If it was longer and the charges were already processed, write to them anyway via cert mail and ask them to remove the charge as your husband wasn't there and he doesn't want this deal.  It may not do you any good at this point - if it was several weeks ago but make every effort to cancel the deal and keep copies of everything.
Also call or write to the AG to file a complaint under MA 93A.


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## CharlesS

Classylassy523 said:


> Is it possible that belonging to that kind of an organization you have more exposure to unexpected costs than when you were a deeded owner?


Yes, in a points system, you have more exposure to "moderate" unexpected costs and less exposure to either "very high" or "very low or zero" unexpected costs.  The "more exposure" you can count on and the "less exposure" is a gamble unless you do very good homework before you buy.

Charles


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## e.bram

You have to look a the structure of the club. It could be a partnership where you are personally responsible for the obligations of all the TSes in the "club".(ie not only tour originally deeded TS)


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## ecwinch

Classylassy523 said:


> Also part of that is members pay for the management at the resort and the management at Festiva.  So based on what you are saying, everyone in the points system is responsible for paying MFs and SAs at every resort, not just the one that they held a deed?  Is it possible that belonging to that kind of an organization you have more exposure to unexpected costs than when you were a deeded owner?
> 
> If Festiva should take a large hit ... like a lawsuit against them or even damage to one of the resorts they own ... can they pass that onto the points members?  Could or would it be considered or passed along as the cost of operating?



Yes, Festiva type clubs incur the cost of an additional overhead in managing the points system.

Yes, when you join, Festiva takes over responsibility for m/f and special assessments for all deeds in the trust that is backing the points program. 

No, you do not take on more exposure. It benefits from the diversification of multiple resorts and averages those costs.

In regards to the lawsuit, generally speaking - no. As with most timeshare point programs there are two legal entities. The lawsuit would be against Festiva the developer. Festiva the trust (which the owners belong to) is a separate legal entity. FestivaRep explained the legal structure in a previous post. JMO


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## Classylassy523

*Attention - Sandcastle Owners Who Are Victims Of Outfield Marketing*

Tom Mitchell, a Sandcastle owner, has an appointment on Wednesday, September 16, with the Mayor's Office of Consumer Protection which is the Local Consumer Protection Office of the Massachusetts Attorney General's Office in Springfield.  His intent is to carry information that will be useful in proving the acts of deceptive marketing carried out by the Outfield Marketing sales people.

If you turned over your deed(s) because you believed what you were told and later found it to be false, or because you were pressured or felt threatened, and now want your deeds back, contact Tom with your story.  He wants as many cases as he can gather to demonstrate to the advocate that there has been deception and wrong doing.  

The dealings with Outfield have to have taken place within the boundaries of Massachusetts but not limited to Provincetown.  If you met with them at the resort, then Tom wants to hear about it.  If they came to your home and you live in Massachusetts then send Tom your story.

If you live outside of Massachusetts, but the dealings happened in Massachusetts then Tom wants to hear from you, too.

If you know of other owners who would want to have their story presented to the advocate, please contact them and give them this information and Tom's email address

*Please do this as soon as possible as his meeting is this coming Wednesday.  *

*Tom's email address is:  tominspfld@gmail.com*

Thank you


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## Classylassy523

*Sandcastle Owners Google Group*

*Specifically for Sandcastle owners and former owners*

There is a group of owners and former owners keeping in contact and communicating among themselves ... the intent is to develop and carry out plans and programs to right the wrong that is going on at our resort.

If you would like to join this list please contact Beryl Soparkar and provide your name, address, phone number, email address, unit(s) and week(s) owned.  

Beryl's email address is:  BSopar@aol.com

Thank you


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## NEVMSLLC

Classylassy523 said:


> Interestingly enough ... the sales rep told him that he could be responsible for the SA that will be coming in the next couple of years for the sewer system.  I told him that if he sold and it wasn't written in the contract, then he shouldn't be responsible.  That would be like him selling his house with a septic system, the town installing a sewer system and the new owner coming back on him to pay for it.



The upfront fee to the town of Provincetown for the sewer system is included in the special assessment.  The balance of the twenty year betterment will be calculated into the maintenance fees.


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## NEVMSLLC

e.bram said:


> Festiva should pay the SA.



Festiva is paying the special assessment.


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## NEVMSLLC

Craig said:


> Are those who gave up their deeds to Festiva getting the $800+ assessment?



No.  People who joined the Festiva Adventure Club prior to the special assessment are no longer owners at the Sandcastle.


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## Jaidit

*Back to topic*

Since the topic was for Sandcastle weeks owners to check in...

This is my first post here (made from Sandcastle). I'm a week 37 owner.


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## Sou13

So how's the Internet access at the Sandcastle?  Can you access it from all the units?

Also, have you been approached by "Owner Services" or whatever they're calling themselves?


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## Classylassy523

*Sandcastle Owners List*

Jaidit ... 

Are you aware of the list of Sandcastle Owners and their Google Group.  There are over 160 owners on this list.  We are communicating among the list trying to organize and plan a way to correct what is wrong at Sandcastle.

If you would like to join us please send an email to Beryl Soparkar at BSopar@aol.com

Please include your name, address, phone, email address, unit(s) and week(s)


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## NEVMSLLC

Sandcastle owners who would like answers to their questions about the resort can email me directly at nevmsllc@gmail.com

Cliff Hagberg
NEVMS, LLC


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## Jaidit

Sou13 said:


> So how's the Internet access at the Sandcastle?  Can you access it from all the units?
> 
> Also, have you been approached by "Owner Services" or whatever they're calling themselves?



I wouldn't know if I can access it from all the units. I've only used it in my own. What a terrible use of vacation time, checking the Internet access in all the units. I'd expect to get paid for that.

And if I tried to check, I can only imagine the notice going around: "A man has been knocking on doors asking if he can check for Internet service. Please contact the front desk if he knocks on your door, and he will be asked to leave the resort."

We did have the meeting with Outfield. They have a product to sell that doesn't align with my interests. Of course, it's not their job to further my interests, but their own.

Do I think they go a bit, well, outfield with their spiel of "what we have is so much better than what you have"? Yes. And I have spoken to people who really wanted, like me, to return to Sandcastle, same place, same time, who shouldn't have exchanged for Festiva points. I've heard stories of some high pressure sales tactics. All this with talking to a grand total of three other owners.


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## Genya

No it was not notarized
Greg Hughes (from Outfield Marketing) just printed his name on the forms
The salesman Michael didn't give me a card.  He did all the talking
He said the Festiva group were hired to take over the management of Sandcastles.  The old group is no longer in charged.

Genya

Am I the only one that is dumb enough to fall for this!!!
Anyone else besides me......


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## Sou13

Genya,

You need to file a complaint with the AGO.  Here's the link:

AGO Consumer Hotline and Mediation Services

If you are requesting mediation, it's to get your week back because there was fraud involved.  Good luck!


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## Classylassy523

*Organizing Owners into an Owners Association*

Many of you have probably been reading of the ongoing problems at the Sandcastle Resort in Massachusetts.  For many years the owners have been complacent and comfortable.  That has all changed and now we are looking into getting an owner's association organized and running.  I know that this is something that should have been ongoing all these years, but it hasn't and now we are playing 'catch up'.  

What I am seeking is information on how this is done.  Are there any successful owners organizations out there that could provide guidance or information on what they did?  I know there will be pitfalls and problems in the organizational and planning stage.  That is inevitable but I am hoping experienced people willing to share advice and their experiences might help us avoid a few of the problems.  There have to be by-laws and probably a charter.  Was this all done via an attorney at the get go, or was it started with a grass roots organization in the beginning?  Are there locations on the web that can provide us with sample by-laws for a timeshare organization to get us started?

Thank you for any help, suggestions or guidance you can provde.


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## timeos2

*Get the word out. It isn't easy*



Classylassy523 said:


> What I am seeking is information on how this is done.  Are there any successful owners organizations out there that could provide guidance or information on what they did?  I know there will be pitfalls and problems in the organizational and planning stage.  That is inevitable but I am hoping experienced people willing to share advice and their experiences might help us avoid a few of the problems.  There have to be by-laws and probably a charter.  Was this all done via an attorney at the get go, or was it started with a grass roots organization in the beginning?  Are there locations on the web that can provide us with sample by-laws for a timeshare organization to get us started?



Your Association has already been created by the documents filed when the resort was registered. What you need to do is wrest control of that Association from the original developer or those that subsequently have taken control and give that ultimate power to the individual owners at the resort. 

Many (most) states won't allow individual owners to send mailings to the owners list as an understandable privacy protection. You need to get an active core group of owners together to pressure the existing management to allow open elections. 

I have seen a successful takeover of control in a similar case where the owners started a Yahoo! group as well as posts here on TUG to garner support. They were able to force management to send a mailing to all owners and to run a slate of owners for the Board. After about a year they gained the majority of the Board seats, removed the under performing developer management for an independent (and much lower cost) management firm and eventually got the collections under control (the lifeblood of every resort). 

You have to do the work unpaid and under appreciated with the hope that other owners will join in support and eventually make your resort truly your resort. Start with the very messages you have here and keep at the tough job of getting the attention of a large group of owners. Good luck.


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## Classylassy523

*Thank you*

Thank you for your reply.  Time to go back to the deed and trust and find that information.  

I feel that we need an active organization when and if this all goes to court.  Any sense of unity and organization will help our cause.  

In Massachusetts there is a general law stating that upon request by an owner the management of the resort has to provide a current and complete owners list.  That has proven to be a stumbling block.  The resort was taken over by a company that controls the board (no owners have been allowed to sit on the board as of this date), they have started a second company that is managing the existing management of the resort, and have hit us with a huge special assessment and maximum increases on our annual maintenance fees.  

It is going to be a long battle, but many of us who have been able to communicate among ourselves are determined to get our resort back from their clutches.

Again, thank you for your reply.


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## ecwinch

Classylassy523 said:


> Many of you have probably been reading of the ongoing problems at the Sandcastle Resort in Massachusetts.  For many years the owners have been complacent and comfortable.  That has all changed and now we are looking into getting an owner's association organized and running.  I know that this is something that should have been ongoing all these years, but it hasn't and now we are playing 'catch up'.
> 
> What I am seeking is information on how this is done.  Are there any successful owners organizations out there that could provide guidance or information on what they did?  I know there will be pitfalls and problems in the organizational and planning stage.  That is inevitable but I am hoping experienced people willing to share advice and their experiences might help us avoid a few of the problems.  There have to be by-laws and probably a charter.  Was this all done via an attorney at the get go, or was it started with a grass roots organization in the beginning?  Are there locations on the web that can provide us with sample by-laws for a timeshare organization to get us started?
> 
> Thank you for any help, suggestions or guidance you can provde.




From your post it sounds like you are asking about the owners association - which some posters are taking to mean the HOA at the resort. But from having followed this thread - are you not asking for advice on to form a concerned owners group?


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## Tia

My first timeshare had happy complacent owners too until our fees started rising with special assessments with little to show. We started asking willing owners to donate $ to a legal defense fund used to help get mailings out. We got an owners list from an unhappy employee. We also made phone calls to owners asking them to vote and directing them to the website one owner had created that had a bulletin board. We had a slate of owners recommended for election. We out voted the developer and elected an all owner board for the very first time. Those board members worked hard for free and continued to fight to right the past for years. We had a forensic accountant look into past years financials and found a money trail of HOA funds not being used for the HOA purposes. Our developer was not paying maint. fees like they were suppose to the forensic accountant found. The developer continued to fight using mailings and anything else it could. The developer found willing owners to go along with them saying the elected Owners board was misinformed, haha oh my it was unbelievable. The HOA hired a couple lawyers to start then hired a larger group that finished the suit against a major named developer with deep pockets which took several years. We shall see as the millions recieved are just now being put to use. It is hard to make up for the past damage.



Classylassy523 said:


> Thank you for your reply.  Time to go back to the deed and trust and find that information.
> 
> I feel that we need an active organization when and if this all goes to court.  Any sense of unity and organization will help our cause.
> 
> In Massachusetts there is a general law stating that upon request by an owner the management of the resort has to provide a current and complete owners list.  That has proven to be a stumbling block.  The resort was taken over by a company that controls the board (no owners have been allowed to sit on the board as of this date), they have started a second company that is managing the existing management of the resort, and have hit us with a huge special assessment and maximum increases on our annual maintenance fees.
> 
> It is going to be a long battle, but many of us who have been able to communicate among ourselves are determined to get our resort back from their clutches.
> 
> Again, thank you for your reply.


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## Genya

Sou13 said:


> Genya,
> 
> You need to file a complaint with the AGO.  Here's the link:
> 
> AGO Consumer Hotline and Mediation Services
> 
> If you are requesting mediation, it's to get your week back because there was fraud involved.  Good luck!



Has anyone gone to mediation? What was the result
Genya


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## Classylassy523

*In mediation now*



Genya said:


> Has anyone gone to mediation? What was the result
> Genya



Most of the complaints sent to the AG by Sandcastle owners are in mediation in their Hyannis office.  So far I don't see diddly squat happening other than Cliff walking in and out of that office complaining.  Ralph Smith, the mediator, sent me a copy of someone else's complaint.  I emailed him over two weeks ago questioning it and asking for materials he had referenced in a handwritten memo to me and have had no response.  This man works 3 hours on Monday afternoon.  I know he is volunteering his time, but with the amount of complaints he has regarding our problems, how can he possibly complete his task in a reasonable amount of time.

MA General Laws have been broken, and I fail to see how criminal acts can be mediated.  I always thought criminal acts were tried in court.  Obviously that has changed.  I also thought that the Attorney General was supposed to enforce the laws of the Commonwealth.  Was I wrong about that, too? 

Waiting for mediation is playing right into the hands of NEVS, NEVMS, Outfield Marketing and Festiva Resorts by giving them time to acquire more and more intervals.  The more intervals they acquire, the weaker our positions as deeded owners become.  That is why a lawsuit on behalf of Sandcastle and Southcape owners is necessary.  The AG won't stop them so it will be up to us.


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## Classylassy523

*Looking for Sandcastle Owners*

We continue to reach out to Sandcastle deeded owners who are unaware of the growing group of owners who have been able to band together and share communications.  

If you are an owner or know of owners who are unaware of our efforts to keep Festiva Adventure Club from acquiring any more deeds, to stop Outfield Marketing from continuing their horrendous treatment of owners and to rid the Sandcastle of the current management situation, please have them contact me through TUG BBS via email or private message.

We have many things happening and need to reach as many owners as possible.


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## mweinberg

*Which is It?*

I post these concerns here because, despite his claims about wanting to answer questions from owners, Mr. Hagberg does not answer my emails.  I know that he visits TUG on an almost daily basis, and perhaps, in the spirit of the transparency he claims to value so much, he'd be willing to address some of my concerns regarding contradictory information that seems to be circulating.

1. 10% or 50%?  Some people have been told that NEVS retains developer status as long as they own 10% of the inventory, while others have been told that as soon as 51% of inventory has been sold to deeded owners the developer status ends.  Which of these is true?

2.  Counts or Doesn't Count? Some people say that the unit weeks during which the resort is closed count toward developer inventory, while others have been told that they do not.  Since winter units account for 35% of total inventory, the answer to this questions is extremely important.  Since these unit/weeks can not be sold, it would be extremely unlikely that Cliff/NEVS will ever fall below 50% inventory, and it would be absolutely impossible for them to ever fall below 10%.

3. Votes or Not?  In the notes from the September 26 Advisory Committee meeting, Cliff is quoted as saying that Festiva has voting rights for the deeds that they hold in trust.  In a posting here on TUG, though, Cliff said that Festiva has contractually given up their votes.  So, does Festiva get to vote or not?

4. True or False? At that same Advisory Committee meeting, the Sandcastle Trustees apparently agreed to allow owners to elect a representative to the Board of Trustees.  However, I read elsewhere that the person so elected will be required to sign a confidentiality agreement.  Is this true?  Do other resorts ask members of their Boards of Trustees and HOA Boards to sign such agreements?  How can the owner representative on the board fairly represent owners unless he/she is able to communicate freely with other owners?

5. Related or Not?  I know this has been asked before, but what exactly is the relationship between Festiva, Outfield, and NEVS?  At various times, I have been told that Festiva bought the Sandcastle, that Outfield is a division of Festiva, and that the new president of the Sandcastle board of trustees is a member of the board of directors of Festiva.  I have also been told that there is no relationship between the 3 companies.  Clearly, not all of those statements can be true.  Who am I supposed to believe?

mweinberg


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## Sou13

*Unanswered questions*

I see that these questions remain unanswered, at least not answered here.

There may be some encouraging news from the CAC in Hyannis, if learning that all the complaints that were supposed to be mediated there have been sent to Boston for review.  Keep up the noise and let's get some action!


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## Classylassy523

*Letter from CAC, Inc.*



Sou13 said:


> I see that these questions remain unanswered, at least not answered here.
> 
> There may be some encouraging news from the CAC in Hyannis, if learning that all the complaints that were supposed to be mediated there have been sent to Boston for review.  Keep up the noise and let's get some action!



I have received a letter from Paul Schrader, Executive Director of the Consumer Assistance Council, Inc. (CAC), Hyannis, MA.  I quote:

Dear Ms. Gallant,

I am writing in response to the complaint you filed with the Massachusetts Attorney General's Office against Sandcastle Resort/Festiva/Outfield marketing.  Your complaint was sent to the Cape Cod Consumer Assistance Council (CAC) to attempt mediation.

Despite our efforts, the CAC was unable to resolve your complaint through mediation.  I have been asked to return Sandcastle Resort complaints to the Attorney General's Office for further review and consideration.

The Attorney General's staff may be back in touch with you if they require additional information.  We understand that this is a difficult issue and we appreciate your bringing your concerns to our attention.

Sincerely,
Paul Schrader
Executive Director

One thing that has either been omitted, overlooked in the writing of this letter, or not included is our complaints against NEVS LLC and NEVMS LLC.  Now the CAC and/or the AGs office may be including them under the Sandcastle Resort name but I raise the question because I never filed a complaint against the Sandcastle Resort.  I consider the resort itself separate from NEVS and NEVSMS about whom I filed complaints.  

My concerns now are that these complaints will get lost in the AG's office ... stuffed into a box, desk drawer or file cabinet ... and nothing will come of all our pleas for help.

I am asking that everyone who filed complaints and others who are sympathetic to our cause write the Massachusetts Attorney General and encourage them, demand, plea, or beg those who have received our documents do something to stop the travesty that is going on at the Sandcastle and Southcape resorts.   

The address is:
Massachusetts Attorny General
One Ashburton Place
Boston, MA 02108

In your letters please refer to the complaints filed by deeded owners and former deeded owners of timeshare intervals at Sandcastle Resort,  Provincetown, MA and Southcape Resort, Mashpee, MA

There are many owners who are appreciative of any support and assistance others can provide us.


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## GordonH

The Massachusetts AG is currently too busy running for the US Senate seat formerly held by Kennedy.  She has been an absentee AG anyway now this current distraction will not help your cause.  POLITICS!!!!!!!


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## Genya

I just got the following letter fom the Janice Albertazzi Consumers Assistace Council, Inc in Hyannis

I have received a letter from Paul Schrader, Executive Director of the Consumer Assistance Council, Inc. (CAC), Hyannis, MA. 

Dear Ms. Lee,

I am writing in response to the complaint you filed with the Massachusetts Attorney General's Office against Outfield marketing. Your complaint was sent to the Cape Cod Consumer Assistance Council (CAC) to attempt mediation.

Despite our efforts, the CAC was unable to resolve your complaint through mediation. I have been asked to return these complaints to the Attorney General's Office for further review and consideration.

The Attorney General's staff may be back in touch with you if they require additional information. We understand that this is a difficult issue and we appreciate your bringing your concerns to our attention.

Sincerely,
Janice Albertazzi
Executive Director

Seems like a lot of us and I don't understand why the can't do anything for us.  sigh


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## Classylassy523

*Reply back to the AGs office*

Genya,

I got the same letter.  What I did was follow that up with another letter to the Attorney General, explaining that I had received a letter stating that mediation had failed, reiterating what I had written in the complaints previously filed.  Explained that nothing has changed, nothing has improved, that laws continue to be broken.  Emphasized that I, along with the majority of owners, are senior citizens who have reached that time in our lives when we expected we would enjoy what we had purchased and supported all these years, only to find that that dream had become a nightmare.  

I filled out another complaint form (on the AGs website) ... in the comments area asked that this be added to the previous complaints I had filed, and mailed the form, letter, and a copy of the CAC's letter to the AGs office.  I encouraged other owners to do the same ... just to reinforce our position and alert the AGs staff that we are not backing off and are expecting them to do what they have been charged with ... to enforce the laws of the Commonwealth of Massachusetts.


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## Classylassy523

*Sandcastle Owner going to court*

Four years later and the struggle continues.  The Brennan family (deeded owner) has a court date.

*Brennan vs. Hagberg.  August 9, 2012 at the Orleans District Court, 237 Rock Harbor Road, Orleans, Massachusetts.*

Tom Mitchell, another deeded Sandcastle owner will be at the resort that week and will be attending.  He has asked that I post this and if there is anyone who will be at the resort or in the area that week and would like to attend the court hearing to contact him and he will be glad to provide transportation.

Tom Mitchell ... Week 31, Unit 220.  You can reach him via email:  tominspfld@gmail.com or cell phone:  860-989-5685


Mr. Brennan's description of the case:

Summarization of Case:  developer doesn't pay its share and this inflates your cost, Sandcastle Resort is a sole propreitorship of Hagberg that doesn't follow the common area percentage and commingles trust funds...  and defalcations (who pays the developer share? property taxes?)
fraud (billings and financial summaries and letter responses to questions), constructive fraud (Festiva), conspiracy to commit larceny (repeated overbilling, ignoring off season week half share, special assessment illegal and unlawful) mail fraud (Festiva, annual assessments not according to common area percentage, 1 response letters says Intercity pays same as every owner (lies) - all enabled by the trickery of it being an investment contract with an approval process of sending a bill and receiving a check (the approval))

Extortion: as a "holder" of information, that makes the collector of the money an official agent, so demanding more money and getting it as the owner fears personal damage to their credit rating is extortion by Mass. law definition - if Sandcastle Resort is not delegated this authority, then they cannot collect the taxes, can they? I am sure this topic will be seriously argued, but if they win that idea they are not delegated agents of the trusts' trustees, then surely its a sole propreitorship based on the business name certificate filing, therefore the one who must pay will be Hagberg PERSONALLY, which was the point...

Aiding and abetting breach of fiduciary duty:  this and Chapter 230 section 5 enables a beneficiary to sue any and all third parties who are screwing the trusts...
All I have to prove is that they knew it.  It's hard to pretend Hagberg didn't know when he is trustee, developer, managing entity, and Sandcastle Resort  (still not sure what the demarcations of when each position starts and stops and what each one actually does -since Hagberg claims all the contracts are private)


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## NEVMSLLC

*Sandcastle Owner Going to Court*

The case was dismissed.


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## ChrisH

*Sandcastle MORE SPECIAL ASSESSMENTS - VOTE!*

The management at Sandcastle/Royal Coachman sent out letters about 2 weeks ago with 

Another Special Assessment that will be due this January 1, 2013;
6 more pages of additional proposed Special Assessments; 

with a BALLOT for approval/disapproval.  

The total, if all are approved, will amount to approximately $1152 per unit owned.

The ballots are due back to Sandcastle by October 15th.  There will be a meeting at Sandcastle on October 20th to discuss the results.

I have heard from owners who did not receive this mailing - letter or ballot - at all.  
If you are among them, then you need to call the resort at 508.487.9300 or visit www. Sandcastlecapecod.com and use the Contact Us link to inform management that you do not have any BALLOTS for your unit(s).

All owners should be voting.


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## Classylassy523

*Re-establish Sandcastle Owners Association*

Are you an owner at Sandcastle Resort and Condominium in Provincetown, MA? 

There is a group of owners trying to re-establish the Owners Association. 

With this latest go-round of proposed Special Assessments planned over the next three years, it is imperative that owners group together and do something to have a meaningful say about what happens at our resort. 

Management has repeatedly refused access to the owners list at the resort even though the Deeds and Trusts clearly state that owners are to be provided with the list when a request is made. I have previously posted this request on the Sandcastle Resort Facebook page but it was removed in a matter of hours. I also submitted a written request to post this on the Owners/Members secure section of the resort website (supposedly the area where owners can communicate) but have received no response from management. For these reasons I am turning to TUG and other media to get the word out to Sandcastle owners.

If you are going to the meeting at the resort that is scheduled for October 20, 2012, at noon, you can contact me there. If you are unable to attend the meeting and are interested in re-establishing the Owners Association, or if you don't want to wait for the meeting you can contact me through TUG. 

FYI ... I have checked with the resort office staff and questioned how the ballots would be handled. I was told that the Office Manager would count the ballots (she works for the owners) and then the ballots would be turned over to Cliff Hagberg (he owns the management company). I asked how possible ties would be handled, especially with the multiple choice questions and was told that that was unknown at that time. When I asked if there would be a separate company responsible for verifying and certifying the count ... I was that there was not. These ballots represent approximately $3 million and could mean a total of $1,200.00 in assessments for each unit. With this amount of money coming directly out of the pockets of deeded owners, a verified/certified ballot count is very important.

Thank you,
Jean Gallant
Deeded Owner
Week 40


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## Sandy VDH

How it is possible to have another special assessment for this amount when we just had a special assessment.  This is nuts.

I did not receive anything, but it could be mailed to my ex.


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## ChrisH

*Contact them NOW - so your vote counts*

If you didn't get one, you will need to contact Sandcastle and ask them.  The contact information on the letter includes:

Sandcastle:  Main phone  508.487.9300 
Fax #; 508.487.4865 
Email:   info.sandcastleresort@gmail.com

At the top of the first ballot page, you include your name and all your unit#/weeks.  Then your vote is supposed to be counted for how ever many units/weeks you listed.

I would contact them as soon as possible and let them know you didn't receive anything as it is so important that all owner's vote!  If they have to mail it to you and then you have to return it, it won't get there in time - so they should give you some kind of extension, I would hope.


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