# Playa del Sol [merged]



## cobourgladdie

I see that the mismanagement of PDS has resulted in yet another special assessment to pay for regular maintenance. Anybody else received notice of this?


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## Kenrabs

I stayed at thier Costa Sur property in PV and toured the Los Cabos property back in 05 and 06. It doesn't surprise me since I wasn't impressed with their pitch or properties. To many promises that you know couldn't be delivered. No surprise that they mismaged things and taking it out on the owners.


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## deedman

another reason why I would steer clear of mexican TS purchases, resale or not


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## mplswjr

*Playa del Sol "Extraordinary Fee"?*

We received an e-mail yesterday from Playa del Sol that included a letter and a statement describing an "Extraordinary Fee" being assessed to members of their club for updates to the facilities.  In the letter, they allude to provisions in the Membership Purchase Agreement, and the Club Regulations which permit such an action.  I have carefully read both documents and find no provision for such an assessment.  The added fees are substantial, and the improvements to facilities they describe are pitifully inconsequential as we observed while staying there last February.

My question is for other members, asking if anyone has made direct contact with the management about this matter?  The time line for payment of this assessment is so short that it leaves me wondering if PDS is teetering on newly severe financial problems.  I am quite aware of the recent "shrinkage" to the whole enterprise, with facility closings, sell-offs, inventory shortfalls, and shortages of useable units, but am looking for deeper indications and recent information from recent months.

Thanks to anyone with such recent information.

Bill


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## sandea

*Playa del Sol "Extraordinary Fee"?*

Same here.  I reviewed my documentation and in the club regulations under 9. MAINTENANCE FEES section C it describes these fees.  But also in the email it stated the maintenance fee would once again increase 10%.  I purchased in 2007 and my fee has increased 50% because of the 10% on top each year and the taxes.  This place is a scam and I was taken.  I plan to seek legal advice to see if I have options.

I have a copy but it does not seem I can attach a file to the post.


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## mplswjr

*Playa del Sol "Extraordinary Fee"*

I seem to have documents with differently numbered sections.  In our Membership Purchase Agreement, section 9 is labeled "Insurance", while "Maintenance Fees" is section 6.  There is only mention of their right to increase or decrease fees based on costs of operation and their year end financial statements.  There is no mention of "Extraordinary Fee" which is described separately in the notice letter from an additional increase in maintenance fees of 10 %.

While we were at PDSG in February, we were told that a previous resort management person had stolen a large amount of resort funds and had been jailed for prosecution.  A change of management was glowingly described as in place effective November 2009, and had made substantive positive changes.  I regarded that story as potentially inaccurate, but with this very large fee, I'm beginning to regard it as possibly credible.

If others are considering a legal challenge to this "Extraordianry Fee", we would be interested in joining into such action.

Bill


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## Colorado Belle

i got my email today....outrageous $900 plus taxes. (I have a 2bd for two weeks)
My other Mexico timeshare doesn't even charge the tax, so it isn't Mexico timeshares...just this particular one.

I bought on ebay from a seller with a really old purchase (or so I was told) from back in the beginning.so I KNOW my documents don't say anything about this EXTRAORDINARY surcharge.  I certainly can't afford it, but I've already paid my 2010maintenance fees and wonder if they can stop us from using our weeks?
If so, would putting them into exchange right away (before this is due) help?

I think we need to get the word out and try to pull together to fight this if possible.  This sucks becausee I really have enjoyed using my weeks there!


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## Colorado Belle

I forgot to add:
I sent a short reply to their email and said that my deed/agreeements did not allow for 'extraordinary' fees to be added to maintenance.

You might consider sending similar to them.
And I think we need to copy Prefecto on these things, for what good it will do.


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## mplswjr

*Playa del Sol "Extraordinary Fee"*

I have already replied to the e-mail with a similar comment.

Profeco may have some influence in this matter, but it will take a concerted effort by a number of PDS members.  If someone is going to Puerto Vallarta in the next couple of months, they might have some effect there if they go into the office.  I have location information that could help someone do this if needed.

Bill


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## Colorado Belle

Bill I have some friends who live there...could they make some noise on behalf of owners? I also wish there was a way to reach more owners, but of the 10 or so addresses I had , I've seem to havee lost them all.


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## Arlene

*Playa Del Sol*

 I am an owner of a two bedroom unit at PDS.  I don't appreciate this new "special assessment" fee without any input from owners.  In addition, at PDS Grand, in order to get a decent room location, you now need to upgrade to VIP status which costs approx. $5,000.  We tried to negotiate for VIP upgrade status for $3,000, but management would not budge.  We enjoy staying at PDS Grand, but it is getting too expensive.  What can we realistically do about this "special assessment?"


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## nboiani

*PDS*

I'm really not a fan of PDS. We bought years ago so we could get into Lindo Mar "anytime we want" and we could "sell extra weeks for thousands" and its never really happened. I had actually booked two one BRs and when we arrived they had rebooked us to a two BR in PDS grand, but thats another story. How can I get out of this club? Can I just not pay any more? I'm ready to give it away. Any suggestions?


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## mplswjr

*Playa del Sol "Extraordinary Fee"*

I have had some experience with PROFECO over the years, and it is my belief that to have any real effect on their involvement, it would take someone who has a direct interest in the issue.  Basically, they are a government agency that involves itself in consumer protection matters for Mexican citizens and others.  I believe a local attorney could represent a group of persons involved in a complaint, but I'm doubtful that a local with no direct involvement would hold much sway.

Bill


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## PVFrank

*Extraordinary Fees 2010*

We also received this assessment and were shocked.  There was no notice and not much information about what it was for.  

We are one of the original owners and bought when PDSG was sand. We love the staff, the grounds, the pool, and the location.  This resort has always felt like "home" to us over the years.  We could even live with some of the wear and tear. (We have huddled around the front lobby sharing Internet connections from two floor plugs for several years so even this is not an issue for us).

This past year, however, things changed. The pool guests were almost hostile. Not the usual friendly people we find at the pool.  All chairs were saved by about 9AM.  We never got to sit by the pool in the four weeks we were there.  We found out most of the guests were NOT owners.  Most were "walk ins" utilizing PDSG like a hotel (paying $50. a night) and others came from special promotions targeting the Midwest. These people don't pay our maintenance fees.

For the first time, I felt we were squeezed out of our favorite resort and replaced by non owners!

We called the corporate office (6/21/2010) and asked for a copy of their ANNUAL REPORT and was told they didn't have one and any inquiry would have to go through their "Mexico location."  

The new owner is Antonio Moreno (who lives on the PDSG property). We had heard a rumor that many Mexican PDSG owners had not paid their maintenance fees (EVER) and were not being forced to pay them causing the shortfall.  We don't know if this is true and should be treated as hearsay but we were hoping to get some information about who's paid and who has not, which might answer why we all got an "extraordinary assessment." 

If you own at PDSG, your first response may be to file legal action, but that may just destroy your investment altogether as well as everyone else's. Mexican law rarely sides with the Gringos and bankruptcy will only devalue your property even more.  What we need is honest answers from the TOP PERSON.  I don't mind paying the assessment if I am told the truth. This organization needs to clean up and get rid of the non payers, get back to the original intention of ownership, cater to the real owners and above all, tell us the truth. 

This is too beautiful of a resort to see it fall into corruption and rule bending for some owners.  We need some form of arbitration before filing lawsuits individually that will drag on for eternity.  We need to get back to why we go to PDSG, establish loyalty and confidence in the organization, and get some REAL answers. 

I'm asking PDSG to respond with a plan of action.  The owners of PDSG units are concerned about the financial stability of this resort.  I'm sure there is enough of us willing to form a stakeholder group interested in mediation with the owner.  The PDSG staff and their families are also important to us and we don't want to see them become a casualty of this situation.  Contact us if you would like to help.  PVFrank


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## West Coast Islander

*Extraordinary fees*

We have been members from 2006 and have enjoyed going there.  We were there this year at Spring Break and noticed how run down the place has become.  The push to upgrade to the VIP package raised flags as it seems we would get treated unequally.  We have huge concerns that it will become too expensive for us in the future and if it is also true that non members are given priority over paying members then staying there will be another issue.
Janet

Here is the letter my husband emailed to Playa del sol Grand.  We have had no response.  He also cc'd it to 'extranjeros@profeco.gob.mx
June 20, 2010
Playa del Sol Club

Dear PDS Club,

I am registering my formal notice to challenge your establishment of these Extraordinary fees.

I have received your email advising me of an extraordinary fee assessment on my membership. There is nothing extraordinary about your proposed use of this fee. All of the items stated in your notice are covered by my annual maintenance fee. A fee which I have paid faithfully since I purchased my membership. I might add that in the ensuing years I have noted and commented that there appeared to be little or no maintenance being done at the PDS Grand or at the Costa Sur complex.
I refer now to the original membership Purchase Agreement and article 9 Maintenance Fees. In particular I refer you to section C. The club may "at any moment, through a detailed report... establish Extraordinary fees it deems necessary for unforeseen expenses that were not included in the budget and whose purpose is to pay for unforeseeable expenses concerning the operation and maintenance of the Resort..." You email lists the upgrades to PDS Grand not maintenance. The  upgrades to Costa Sur and PDS Grand listed should be in the budget under regular maintenance. Items like mattresses, pillows, etc. should be a regular part of the maintenance program. Adding wifi is not a maintenance item.
Since I joined the PDS Club I have lost a resort and Howard Johnson has taken over the Costa Sur property. Cabo has not been open and I actually had my reservation cancelled with the feeble excuse of "swine flu" given. I am financially committed to this property but will not continue to pay for the costs which should rightfully be borne by the developers  operations side of PDS Club.
Sincerely,
Gordon Burkholder


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## cobourgladdie

*Thanks janet*

Thanks for the excellent response to PDS, I have used it to email my displeasure too and urge all others to do the same.


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## West Coast Islander

*what to do?*



PVFrank said:


> I'm asking PDSG to respond with a plan of action.  The owners of PDSG units are concerned about the financial stability of this resort.  I'm sure there is enough of us willing to form a stakeholder group interested in mediation with the owner.
> 
> I am in agreement with your comments, Frank (a portion of whic forms the quote above). If younhave some wayn ofnforming thisnstakeholder group please provide the details of how we can become involved. We, too have enjoyed the "family" at PDSG and even our siste resort at Costa Sur (before HJ got involved) I'd love to find a way to empower the members and get the resort back to its former state without spending more money for the benefit of the corporate owners and the hotel guests.
> Gordon Burkholder (member since 2006)


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## Colorado Belle

I rec'd a reply to my brief email sent last week. They quote from a new memebership agreement (from at least 2006 as it mention s the new spa)  that was not MY membership agreement. (I was told I'd purchased from really OLD owners of PDS).

I've enjoyed using my membership, but it seems of late that they don't want members to go there and would rather we exchange so that new meat can come hear their spiel.

I was last there in November and enjoyed my visit, as always. (I usualy spend a week at Costa Sure,some time at Paradise Village and then at least a week at the Grande.  

I'm mad now that I paid my 2010 fees as it might be time to call it quits.

I wonder if we should move this thread onto the main board of tug rather than under the mexico section? I also wonder if we shouldn't start posting negative comments on the PDSG facebook site?


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## cobourgladdie

*A reply from PDS*

Here is the reply that i have received from PDS. I still think, whatever they may say that the expenditures were on 'regular maintenance items' not deeming the "exraordinary fee" Now perhaps if all this stuff had been destroyed in a hurricane - maybe.

Thank you for writing in with your concerns regarding the Special Assessment fee that was recently sent out and allowing me the opportunity to respond.

The letter that came with the Special Assessment clarifies the necessity to implement such a fee. A great deal of discussion and deliberation went into the decision.  The process of evaluation for a special assessment is done through Auditors and Chartered Accountants, both internal and independent; it is not a light decision nor a random choice of amount. It is well thought   out and the benefits for our member base are substantial.  

This was not the original plan, however, we had a huge shortfall in 2009 with member bankruptcies and foreclosures, plus several major repair bills from each resort, resulting in an extraordinary deficit. The repairs, maintenance and cost of up-keep remain the same. The financial situation of the Club is simply that we are in need of our members support at this time, and therefore we made the decision to implement for the first time the special Assessment clause. You may reference this in the Rules and Regulations Documents under #9C "Maintenance Fees" on the members website. 

This fee is a one-time, mandatory fee and includes all members in the club. We have added in a discount for early and prompt payment, so I encourage you to take advantage of this. We look forward to your return visit soon.


Brad Ingram
Playa Del Sol Resorts


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## dolphingirl1

*PDS assessment fee*

I'm interested in all your comments and appreciate the checking that several of you have done. We were shocked, also, to receive this- if anyone discovers that legal action might be possible or appropriate, I would be interested in knowing. We have enjoyed our stays there- last was Nov 09, but anyone facing one of the other resorts had constant noise from the poolside band next door. Of note, my husband hit his head getting into the taxi and the response from the staff was awesome. They wheeled him back to our room and a doctor was there w/in 20 min to clean the wound and apply 7 stitches. Cost was $200 American. One word of advice, though. Be sure if this happens to you, that the invoice is marked clearly that you paid in American dollars. Our insurance co. would only reimburse by the peso rate that day, we could not get ahold of the doctor or clinic despite multiple tries to get confirmation of type of payment.


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## ZIGGYDOG

*PDS*

There is another website called G & G Timeshare Solutions.  I haven't used them but apparently if there are owners wanting to get money back you can contact them and they work on contingency.  If you don't get your money back they don't get paid.

Also wanted to add that PDS has not charged all time share owners this fee which is strange.  I have one friend who has been charged it in La Jolla and two that have not.  The one owns in PV and the other the new building in La Jolla.

My recommendation is to send a document with as many signatures as possible or contact the above firm.

Ziggster


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## lindahlina

*frustrated with PDSG*

I am very frustrated with PDSG and finally found your thread after searching. YAY finally I can vent! I am interested in finding out how we can resolve the issues with PDSG>
We bought 30 weeks at the LaJolla de los cabos in 1997, which is now the Playa del sol.
I paid my maintenance fee this year and asked to have my week deposited with RCI.   The week, which was the 3rd week in May was never deposited and now I am told that they can no longer do deposits with RCI so I must use Interval International or Trading Places. They will give me another week in the future to deposit. I have already paid my RCI fees so this really makes me angry.

*I also am being charged the extraordinary fee*. I have looked in my contract and it does not say anything about any fees except the annual maintenance fees and that they can increase them 10% per year.    My contract also states that they will deposit my week with RCI if I request this.

I sent a complaint about the extraordinary fee but did not get a reply. i did get a reply about my complaint of not being able to deposit with RCI.

This is the reply,
As you have stated, when you signed your contract you were affiliated with RCI through La Jolla Buganvillias with your purchase. As the current owners and Managing Agent of what used to be called La Jolla, Playa del Sol is under no obligation to maintain an affiliation with RCI, yet we have done so since we purchased the property, for the convenience of our newly acquired Timeshare members.

It was not our intention to interfere with what has been working for you thus far; however, Playa del Sol has had a successful affiliation with both Interval International and Trading Places International for many years and these are the two companies we will continue to work with.  Your option is to affiliate with either or both and Playa del Sol will continue to provide whatever assistance we are able to . 

Thank you for your understanding,

Best Regards,

Michelle Doyle
Director of Member Services
Playa del Sol
mdoyle@playadelsolpv.com


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## J. Gonzalez

This is a very difficult question to answer as it is dependent on two things, what is stated in your contract and the purpose for which the resort is charging the special assessment.

I know a good article that can help you: [*Moderator Note:* Link to Article removed because the link is to a "commercial site" and links to such sites within the Forums is not appropriate when the site itself is promoting anything that will provide the poster some personal gain. You as a Guest of TUG or as a member of TUG, can communicate with other TUGGERS privately through Personal Message and provide your link that way.] 

Regards,
Jose Gonzalez


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## Goofyhobbie

Mr. Gonzalez,

Welcome To TUG.

TUG Posting Rules Are Provided Within This Link

We value your perspective and valuable insights. However, the Forums cannot be used to promote a business. Use the Forums as a way to be helpful and build your reputation, not as a direct sales tool, please.


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## ZIGGYDOG

*Pds  News*

If anyone is a member of PDS in La Jolla I would be interested in hearing from them.  I am curious as to what they are telling people.  My girlfriend complained because she was one of the first owners and did not have such a contract.  They have sent her an email stating that she does not have to pay the special assessment.

Also I am curious as to what Michael Doyle from PDS is referring to as "the former La Jolla"  What is it called now?  This was the response in respects to them now not using RCI.

Dee


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## West Coast Islander

When did Playa del Sol Grand become a hotel?  When we bought in 2006, we were told we were buying a fractional unit.  Turns out that wasn't true. Now I see PSD on expedia.ca and tripadvisor.com as open to anyone to book as a hotel unit.  Does this not conflict with our contracts as timeshare owners?  I can't see how we can continue to subsidize the owners so they can rent our units out to non-members and pay the annual maintenance fees plus specialized fees.  If we don't do something we are shooting ourselves in the foot, because it will be harder to reserve a place especially for us members without the VIP designation.  This isn't right!!!!
Janet


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## West Coast Islander

*Timeshareownerscommunity.com*

http://timeshareownerscommunity.com...laints/65-playa-del-sol-timeshare-fraud-.html

More unhappy members.


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## West Coast Islander

We still haven't had a response from PDS.  We are not intending to pay the extraordinary fee because these costs should be covered under our regular maintenance fees.  We can't help it if they are having problems with mismanagement and poor judgement.  I went to their website last night and see they have opened Blue Seas which is targetting the gay and lesbian crowds.  One vacation we went to Centro, that is when we found out that it had been sold and they were turning it into a spa.  I think this is the same place.  It seems we "members" are the last to know about anything until they want our money.
Janet


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## Colorado Belle

My response was an email stating that I should refer to a document they provided to buyers in 2007 or later citing that an 'extraordinary ' fee might be levied under certain circumstances.  I supposedly bought my timeshare from original owners (back in the Playa del Sol days) and I'm sure I never rec'd any documentation from PDSG as to agreeing to these terms.

I've read that there are some 'old timers' who are being excused from paying this fee and I'm assuming that Costa Sur owners don't have to pay this fee....so maybe we need to band together and ask PDSG to send us our SIGNED documents that we ever agreed to 'extraordinary' fees. 

Thanks to OP who listed that other web site where disgruntled PDSG owners are talking class action. We will need to get a lot more owners together in order to have any power whatsoever.  Anyone tried banking their 2010 weeks without paying this extraordinary fee?


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## Colorado Belle

OK, I sent another email to PDSG and asked for a copy of the Purchase Agreement that has my signature of agreement re 'extraordinary'fees. I rec'd an immediate answer asking that I send THEM a copy of my Agreement which I advised them did NOT contain any such disclosure.  

I also asked them to send me a list of the BOD and an end of year audit,and financial statements. 

I said I copied the email to my attorney and to Profeco. Here is Profeco's email address and I suggest we all start sending them our complaints and communications. Every little bit helps.
Profeco: 
extranjeros@profeco.gob.mx


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## Changekeeper

Here is a copy of the e-mail I have sent to PDSG, 3 times now.  NO RESPONSE.  We purchased in Los Cabos when it was sand, however they have not met up to their promises there either.   Seems all the money is going into the Grand.  We have a reservation for October in Los Cabos, but I do not plan to pay the fees until I get the proper documentation from PDSG.  I better not have any problem with that reservation.

I also just read in in the Gringo Gazette (an English paper in Los Cabos) that Blake Lindsey (sales manager at Los Cabos) just resigned.  He was only there a couple of months.  Maybe he didn't get paid.  It must be a tough sale.  I can find no good news about PDSG on the internet.  It's sad, becuase I too am a lover of the property, but not the management.



Dear PDSG,

I pulled my signed membership agreement and club regulations I signed when I purchased PDS in 2006.  Below is what it says.

I will be happy to pay the Extraordinary Fee once you have met the contractual requirements.

9.Maintenance Fees.

Maintenance Fees shall be used for the maintenance, repair and operation of the Resorts including, in a non-exclusive way, the following: 
(i)                   Daily cleaning of the Units

(ii)                 Maintenance and repair of the Units and the common areas of the Resorts.

(iii)                Acquisition, repair and renewal of furniture, bedding, towels, kitchen utensils and other necessary goods for the proper functioning of the Units and the Resorts.

(iv)                Payment of all necessary expenses and services for the operation of the Resorts.

(v)                  Any other necessary expense for the optimal operation of the Resorts.

The total amount foreseen for the annual maintenance of the Resorts shall be distributed pro rata between the Units that compose each resort.  A percentage of the Maintenance Fees shall correspond to each unit according to the maximum occupancy that said unit represents in regards to the total maximum occupancy of the units that compose the Resorts. 

Additionally, the Club, at any moment, through a detailed report directed to Members, may establish Extraordinary Fees it deems necessary for unforeseen expenses that were not included in the budget and whose purpose is to pay for unforeseeable expenses concerning the operation and maintenance of the Resorts by the Resort Operators that are urgent, necessary or indispensable for their total or partial preservation, as well as of their common areas, premises, equipment and services, including the preservation and renewal of the appliances or equipment, or any other elements whose omission would imply a risk of total or partial loss, destruction or deterioration of the Resorts that would make them unable to serve their purpose. 

Extraordinary Fees shall be in effect 30 (thirty) calendar days after the date in which the Club has notified all Members in writing, pursuant to the 

terms of the Agreement, which shall be collectable once said period has concluded.

Sorry, but the “Notice” you sent outlines the upgrades , but I do not consider it a “detailed report”.   You sent an “outline”.  I would like to see the details. Prices, brands, roofing company name, etc…. “details”.  If you want your members to just send you money I think you owe them the details. 

Also in your memo, you have not mentioned the promises that have been made to us over and over again concerning Los Cabos.  Why don’t you just dump that run down Costa Sur and put your/our money into finishing Los Cabos.  There is a lot more money to be made there.   You truly purchased a gem of a location in Los Cabos, and it is so frustrating to see you have abandoned it, and the members who purchased at that location to go to that location.  

I know there are a lot of unhappy PDS members, but I would like to keep thinking that PDS is going to do the right thing in Los Cabos.   As far at the extraordinary fees for Costa Sur and Grand, those items you list in your memo should have already been covered in the maintenance fees and maybe the reserve account for the treatment system.  Are the other items you list   “urgent, necessary or indispensable for their total or partial preservation,”?   



PSD Member
California, USA


P.S. – the FUTURE items you listed (below); many of those should already be coming from Maintenance Fees, not Extraordinary Fees. 


Flat screen TVs.
• Mattresses , pillow tops and down pillows.
• Sofa beds Costa Sur.
• White, stain‐protected duvets and at Costa Sur, new bed spreads.
• Curtains , decorative and blackout at Costa Sur.
• Replacement electric stoves, refrigerators and microwave ovens, Phase I at Grand.
• Bathroom blinds and shower curtains Grand.
• WiFi in all rooms.


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## OC Mom

Hi...just joined this site, interested because we too have been angry about the increasing maint. fees, then the extraordinary fee.  Wanted to clarify -- we are owners at Costa Sur, and yes, we did also get the fee.  I paid it, now I'm wondering if I had other options!


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## pvforever

*PDS Costa Sur owners fight assessment*

Many owners at PDS Costa Sur, formerly Costa Vida, are also upset with PDS re the recent assessment and have contacted Profeco.    The staff is still as great as ever, but lack of maintenance since PDS took over is evident.  Fixed week owners are concerned because the assessment will also be used for PDS Grand and they have no access to that or any other PDS resort besides Costa Sur.  Howard Johnson is running the place like a hotel.    There was no homeowners meeting this year, no budget or list of projects for 2010.  With all the negative postings on this and other sites about PDS and their resorts, one has to wonder where the money is going and whether it's time to walk away and give them what they want--no more fixed week owners.  If all the disgruntled PDS owners file an individual complaint with Profeco, maybe Profeco  will be able to do something.


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## Colorado Belle

mostly just bumping this so it will get some more exposure.
Wish we could reach more members.
I posted re this on trip advisor...i think PDSG needs to see some bad press re their actions.

Haven't gathered everything yet to go to Prefeco but really need to get moving on this.


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## maltija

*Emails to PDS re Extraordinary fee & Transferring weeks*

(This material has also been posted on timesharecommunity.com and is repeated here for additional exposure)

We are PDS owners and have emailed PDS the following letter in response to their Extraordinary fee notice of June 2010 (thanks to Gordon B for the inspiration):

Dear PDS Club,

We are joining other PDS owners in providing our formal notice to challenge your establishment and request for payment of these Extraordinary fees.

We have received your email advising of an extraordinary fee assessment on our membership. There is nothing extraordinary about your proposed use of this fee. All of the items stated in your notice are covered by our annual maintenance fee. A fee which we have paid faithfully since we purchased our membership.

We have carefully read our original membership Purchase Agreement including article 9 Maintenance Fees. We would like to refer you to section C, which states in part ... The club may "at any moment, through a detailed report... establish Extraordinary fees it deems necessary for unforeseen expenses that were not included in the budget and whose purpose is to pay for unforeseeable expenses concerning the operation and maintenance of the Resort..." First, we have not received any "detailed report", or budget, or financial statement. Second, your email states the extraordinary fee is, in fact, not to cover "unforeseeable expenses concerning the operation and maintenance of the Resort" but rather to pay for a "renovation program". The annual budget is the proper place for renovation-related expenses, including but not limited to replacing out-of-date or worn-out fixtures such as those listed in your notice, including TVs, mattresses, pillow tops, pillows...replacement electric stoves, refrigerators and microwave ovens...bathroom blinds and shower curtains. Providing WiFi in guest rooms is an "unforeseeable expense"? In 2010? This, too, would be a line item in a competently-prepared budget.

To restate our position, if maintenance items are not being properly budgeted for, they can hardly be considered "unforeseen expenses".

We echo the sentiments of disappointment, bordering on anger, voiced by other owners who, since joining the PDS Club have lost a resort and have seen Howard Johnson take over the Costa Sur property. We bought our unit partly because PDS would take our unused weeks and rent them (the Playarental program) on our behalf. This program was cancelled two years ago. Now we are being asked to pay costs which should rightfully be borne by the developers & operations side of PDS Club.


Sincerely

D&J



We also emailed this to PDS after our attempt to transfer primary weeks to Trading Places:

Early in August we called Trading Places to transfer our 2010 weeks. Trading Places returned our call and left a message saying that PDS will not transfer them as we have not paid fees. As our maintenance fee payments are up-to-date, this can only be because we have not paid the Extraordinary fee assessed in June.

We believe this is wrong because, one, those weeks accrue to us upon settling the yearly Maintenance fee. Two, because if we had arranged to transfer them before the Extraordinary fee notice had gone out, they would have been transferred. Hence, we request that those weeks be transferred to Trading Places immediately so we can benefit from our membership. Time is of the essence because we do not want to lose those weeks.

Sincerely

D&J


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## Changekeeper

*PDSG Now taken over by Bel Air Collection*

It is true.   PDSG Nuevo Vallarta (and I was told soon to be Los Cabos as well) will be taken over and renamed to the Bel Air Collection Vallarta.  

There is a Bel Air Hotel and Spa in Cancun, and PDS has sold the Grand in Nuevo Vallarta to the Bel Air Collection.

If you go on Yahoo travel and look for Playa Del Sol Grand it pops up Bel Air Collection.  http://travel.yahoo.com/p-hotel-406...nd_all_suites_resort_and_spa_nuevo_vallarta-i


Also on the members page "contact us" at playadelsolpv.com it has e-mail for both playamail@playadelsol.com and memberservices@belairvallarta.com

Maybe this will be a good thing for us Playa del Sol owners.  Except that Bel Air will probably re-decorate in white & red like their Cancun hotel & spa.  Yuk!   I much prefer the mexican style decor to the "up-scale" spa style.

Whatever, nobody asked us, or informed us for that matter.  We have to find out everything on our own just like before.  - I think our special fees will still be due.  I haven't paid mine yet.  Not going to until I absolutely have to.


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## dennisdarrel

*PDSG assessment*



Colorado Belle said:


> mostly just bumping this so it will get some more exposure.
> Wish we could reach more members.
> I posted re this on trip advisor...i think PDSG needs to see some bad press re their actions.
> 
> Haven't gathered everything yet to go to Prefeco but really need to get moving on this.



I've just come across this thread, so you have reached another unhappy owner. We bought into the PDS club before the Grand was built, and while
we've greatly enjoyed the resorts, managements continual deceptions and lack of transparency have taken much of the joy away. We've paid the special assessment only because our 2010 maint. fees were already paid and our weeks (we have 4 total) reserved, so didn't want to be denied usage.
I guess our biggest worry now will be the news that the Grand and los Cabos have been sold to another entity. Did PDS management just take the assessment money and run? Who will we be dealing with when the maint. fees for 2011 come due? Will our contracts with PDS even be honored by the new owners? These are the issues going through my mind right now.
We will be at the Grand Oct. 16 - 30th, so will definitely be paying a visit to member services to try and get some honest answers. Hope this will turn out to the best for those of us who are hanging around wondering what the next
crisis will be.


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## Colorado Belle

Well, I tried calling today to exchange my weeks into II, but instead got rerouted a few clicks and then disconnected, but not before I heard "Belaire Collection ...Vacation Club" so what poster above said is true.

Funny that they can email all of us re the extraordinary fee but zilch about selling the resort.  

Not sure if this is true, but the old PDSG cartel could have taken all those 'extraordinary fees' and run. 

Is this Belaire anything to do with the Belaire Golf and Spa scam at the marina? 

Calling back tomorrow ...to exchange...will post the result. (nope, didn't pay the extraordinary but did my maintenance fees)


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## Colorado Belle

bump...

at least two weeks ago I called member services and reached Carolina in PDSG...she answered the phone "Belaire..."  Asked her about that and she said oh...only as partners, but I don't think so.

I said I wanted to exchange my weeks into II and she said it would be done that day...well, so far, two weeks later...NADA.


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## West Coast Islander

Hello, just got an email from Profeco concerning their meeting with "Playa del sol group"  I want to share it with all.

Dear Mr. and Mrs. Burkholder,
We would like to inform you that during today’s hearing, the legal representative of Playa del Sol manifested that the extraordinary fee will be applied only to the Howard Johnson Hotel’s improves and they offered as conciliation proposal the remission of the interests generated by the failure to pay the extraordinary fees.

As well, the provider presented the following list of the concepts to be invested:
Concept	Cost in Mexican Pesos
1. Double sofa bed model pegaso in fabric vinilbull ivory	$1,714,440.42
2. Mattress  model special edition double pillow top queen size 	$606,485.88
3. Mattress model special edition double pillow top double size 	$39,584.16
4. TV LDC 32” LG MOD. 32LD350 	$312,364.80
TV LCD 26” LG MOD. 26LD350  	$665,306.40
6. TV 32” stand 	$33,196.42
7. Quilt light laminated fiber  	$162,817.60
8. Ceiling fan 52”five blade south wine (winsdor) SKU 655852 	$398,573.62
9. Duvet smooth 200 h white Egyptian cotton 	$369,436.35
10. Pergola 40m2	$51,678.00
11. Drywall galleys 	$378,872.83
12. Black out curtains	$814,516.67
13. Treatment plant repair	$50,489.44
14. Umbrellas replacement 	$31,517.20
15. Terrace chair repair 	$77,034.67
16. Clock radio for rooms 	$49,029.12
17. Bunks replacement  	$44,787.60
18. Microwave replacement	$35,292.40
19. 24 refrigerators replacement 	$104,229.84
20. Bedding and towels replacement 	$494,643.44
21. “Volado balaustrado” repair 	$109,522.27
22. Facade painting	$694,886.69
23. Palapa repair	$143,718.43
CAPITAL TOTAL TO INVEST IN HOWARD JOHNSON HOTEL 	$7’238,705.82

Therefore, in order to have the elements for the conciliation procedure we ask the provider to show us documents regarding your complaint that consists in:
•	The adhesion contract duly registered with PROFECO at the time of its signature. 
•	Proving conclusively that gave notice to the consumer on the establishment of the extraordinary fee with the acknowledgment of receipt. 
•	Proving conclusively that gave to the consumer the rules of the time share contract. 
•	Proving conclusively that the rules of the time share contract contains the ordinary and extraordinary fees. 
It’s important to mention that if the supplier doesn’t present us these documents on time we will fine them for each document missing.
We need your response about the information above before the next hearing, which was scheduled for January 10th 2011 at 12:00 hrs Mexico’s city time, otherwise in accordance with the article 112 second paragraph and 116 of the Federal Consumer Protection Law, your file will be sent to a temporary record, for un period of 10 days in order for you justify your omission. In the event of not doing so, your complaint will be filed as a solved matter, in the case that you want to take your claim before competent Mexican Tribunal.


 In case there is no conciliation agreement reached between parties, in accordance with Article 116 of the Federal Consumer Protection Law, your file will be closed without prejudice to your rights in case you decide to take the matter to the Mexican Tribunals.

Thank you in advance!


Fabiola Sánchez Álvarez
Department of Conciliation 
Services for Foreign Residents.
Federal Consumer Protection Agency


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## Colorado Belle

Janet,
Does this mean that to be conciliatory they will do something about the extraordinary charge re those of us who have complained? Can't quite understand the Spanish to English translation.

I haven't called Carolina back yet about exchanging my weeks into II....sigh.


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## pv15anos

*new user*

I am also an owner at PDS grand 06.  I sent them a copy of my contract and nowhere did it say anything about a special assessment.  They reluctantly agreed and waived the fee.  However I am trying to book for next Spring and am hearing no availability.  I don't think so!  What to do?  I love my visits at the Grand and thouroughly enjoy the staff and grounds-but if I cannot use my weeks-what am I supposed to do?  I am anxiously awaiting what is to become of our investment with Bel Air, etc..


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## KGDOGD

*PDSG holding all the cards on this.*

Unfortunately I feel these people are not going to be held accountable for the mistreatment of the owners. I have paid my extra fees because I did not want to jeapordize my vacation coming up.  I feel totaly helpless which is too bad since I have really enjoyed this place for the first few visits. These contracts are designed by unscrupulous attorneys knowing exactly how it will play out. Dont pay the extra fees......lose your rights to stay. I am paid in full so I am commited. I cant give this thing away let alone sell it. I tried to book 362 days in advanced and was told I was too late to get the room I wanted??? 
 I actually talked to someone from a T/S recovery group who would CHARGE me over $3,000 to take it off my hands. Oh nice!!! I said forget that but I may reconsider that option after my next stay in December. 

My only hope is the new group Bel Air will turn things around. Not a good start with the "Stealth" & "no answer" mode.


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## lindahlina

who did you talk to PDS?  I have owned since 1997 and my contract does not say anything about these fees either. but I am told I have to pay them.
thanks


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## Thorsten Gatzmanga

I just got off the phone with Carlos at the resort and he pretty much told me the same thing, "it should be in your contract". Well I can't find it. I would be interested in joining in legal proceedings against the group. He told me there is new ownership and they are going to have 2 more resorts available with one of them in Cancun. I think it is a last attempt to get as much money out of the owners before they go down.


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## Thorsten Gatzmanga

Same here, no reply or deposit to II. I am willing join any legal action against the resort or Bel Air.


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## Pkraft

*Include us on a class action suit*

We too have been owners for about 7 years at PDSG.  We have also had all the same experiences you have, as well as having been re-located to another resort one week before our stay in Cabo a couple years ago.

We REALLY want to see this brought to light and maybe even have a ruling in the Mexico courts to stop this process of converting resorts that we as owners fund to get started, and then get converted to hotels we cannot even get access to anymore.

I would rather pay lawyers to resolve this than to pay maintenance fees we get nothing out of.

Pat


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## JeanneS

I too paid my extra fees because I did not want to jeapordize my vacation.  I am annoyed that every year the maintenance fees goes up and every day I wish I never purchased this timeshare.  I hope that BelAire is better but I don't have much hope.  I am going to contact Playa Del Sol (or BelAire now) for a future vacation.  Hopefully there are no issues.  Include me on any class action suit against Playa Del Sol.


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## maltija

*PDS and maint fees*

We purchased in Playa del Sol in San Jose del Cabo in early 2006. We have paid our ownership in full, and have their nice certificate to prove it. Last year, we of course received PDS's email informing us of the special assessment. We refused to pay it as they did not, and have not, provided justification in the form of financial statements etc that our contract says they must.

Accordingly, they have suspended our account. Which, to us, means we no longer have access to the weeks we paid for when we purchased. We understand, that is how associations work.

We contacted Profeco in Sept 2010 about the fracas, sent them copies of our contract etc and to date have heard nothing except a "wait for news" email that is now four months old. "West Coast lslander"s update posted Oct 13 is not encouraging.

So now we are faced with the question of whether to pay this year's maintenance fees. Which go up 10% a year. Which, after the fees imposed by Trading Places when you exchange, plus the fees imposed by the property you exchange to (electricity, taxes, etc - we stayed two weeks at the Maui Schooner in Hawaii last November so have current experience to draw upon) result in a per-day cost not really different than what you would pay at a hotel or condo.

What do we have to lose by not paying maintenance fees? Our account has already been suspended. We will lose this years weeks. But what else can they do to us? 

It is becoming clearer and clearer to us that PDS, or Bel Air, or whoever they call themselves or are associated with, do not care that we are unhappy. There has been much talk of legal action, but, really, how many people are willing to get that giant boulder rolling? In Mexico, yet. Where the only things you can be sure of are, one, it will cost much more money, and two, occupy several years of your life. 

On the other hand, if we, and a lot of other owners, paid no maintenance fees for a year or two, might that affect their cash flow sufficiently that they might pay attention? Does anyone see anything in their contract that says default is irrevocable - if we bring our account up to date, our privileges would not be restored?

We understand that we are suggesting people write off several hundred or more dollars, for a year or more. We may be willing to do so, as we are coming to believe that simply continuing is throwing good money after bad.

Comments would be appreciated.

Thanks


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## West Coast Islander

*PROFECO a possible strategy*

I am still in dispute with PDSG as a result of the extraordinary fees assessment. Profeco has now concluded its second hearing with PDSG and they fined them 6000 pesos for failure to provide documents. But we are nowhere near a resolution.
PROFECO is a toothless dog; they can not even collect the fines assessed on the companies they deal with. This speaks volumes of the sincerety of the Mexican government's effort to regulate the TS industry. 
     But change is something that only occurs when someone with authority gets the right kind of motivation. So I am suggesting that all PDS members file a complaint with PROFECO about this extraordinary assessment and take them to task.     
     At the very least it is making someone go to the meetings. That surely is a cost item and perhaps when the fines to PDS accumulate to millions of pesos someone in government will take an interest.
    As Margaret Meade said, " Never doiubt the power of the individual to effect change,"


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## Critterchic

*Has anyone been lately and if so what is the status?*

First and foremost, I am a newbie at negotiation of all the mess.  My fiance has owned a TS at Playa Del Sol for about 8 yrs.  I found out that they were bought by Bel Air, so at least I am up to speed on all of that.  He was able to get them to waive the extra fees but had to pay his maintenance fees for us to us it this year.  We have not been and may not be able to use the weeks we have paid for.   

Has anyone been lately and know the condition?  Also what is the legal status of this mess, is there a class action suite?  Has anyone had success in selling or renting or exchanging their TS there?

I am trying to figure out this mess and like others don't want to keep throwing money at it.  I am grateful everytime I think of this mess that I have TUG for reference.

Critterchic


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## Critterchic

I agree, it seems we need to move this thread to it's own title of PDS.  We too received the letter for the "extra fees" and we told them we would give them the TS back and walk away.  They quickly renegotiated the charges.  We do need a owner's group to represent us.   I am in. Tired of throwing money away.


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## Colorado Belle

I finally got my 2010 weeks banked into II...this took so much energy plus several trips to the Grand while I was staying (on an exchange) next door.

i have not yet paid 2011 fees because I refuse to pay the extraordinary fee that wan't in my contract.  Or the fees /penalties /interest for not paying on time in 2011 (which was before they managed to bank my 2010 weeks.)

So, I'm at a loss as to what to do or not do: I have two weeks in a 2bd/2ba lockoff. I can supposedly pay maintenance fees and get two more weeks, which when divided becomes 8 weeks at this resort (a studio and 1 bd)

That's a lot of time and I try to spend at least that long in PV every winter.
So its hard to give up.  I head back Oct 29 staying at Villa del Pelmar for 3 weeks then moving to Paradise Village for 3 and not sure where after that (but there are some great getaway weeks at II).

Maybe i can convince them that some money is better than no money. I wonder how many people haven't paid for 2011? 

I agree we need a special thread.


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## jatco

Interesting thread...to say the least..
Well I didnt persue the xtra fees.., tho complained about it to deaf ears...all thru ResortCom, who from what Ive learned, handles the finance side of PDS, now Belair, which I too just discovered.
All this has been learned while trying to transfer our PDS(los Cabos) to a new buyer...! - 
What an experience this has been.  We wanted out of PDS not too long after we bought in '05.  Bad purchase to begin with, but we thought it was a good idea then..(and a couple too many maguaritas..).
We 'traded' it in for something else...(TAU - I know thats another 'issue' too). So a new buyer was found, thru SumDay, in Aug this year, and has taken 2.5 months for the paperwork to be finalized, basically because docs were sent to a defunct PDS address/PO box in California.?!?
.  
FINALLY.. we are out of PDS/BelAir.. with a be sigh of relief.!!
Lots of money spent on trying to sell this...and something we will never get into again... Once we can get out of/or resell TAU.
That my tale of woe..!


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## RBMtime

*Membership Agreement*

I inherited a Playa Del Sol timeshare and I am trying to figure out my responsibilities. Playa Del Sol Group hasn't returned my calls. Does anyone have a Playa Del Sol Membership Agreement they would be willing to scan in (you can black out your name and personal information) to send to me? I have the membership number, confirmation that I own the timeshare from PDS, but no membership agreement. Without the membership agreement, I don't think I will be able to sell it.

Thanks for your help!!!

RBM


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## jatco

Since PDS has been sold/acquired by Belair Vacations.. try contacting  Edgar Peniche. 
Edgar Peniche <clubdirector@belairvallarta.com>
He'll be able to assist, Im sure..!!


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## nsstampqueen

*Comments on state of facilities - PDS/Bel Air*

I have visited this resort (in 2008) and have friends who own there - they love it btw and so do I.

The new ownership has been doing a bang up job on construction/renovation etc. according to internet friends of mine. The spa is under construction scheduled to open later this year. The restaurant food has not improved yet but is supposed to. The pools are back open again after being closed for construction/renos. Some renos of the old building have taken place I believe and I also believe they are planning on finishing the original construction plans for the place.

I am currently looking to pick up a share here (watching ebay and the bargain bin here). I know that under the Playa del Sol - this place was pretty awful - lots of people getting stuck in the old building - or worse somewhere else completely because the place was closed for half a year or more at a time. We were supposed to use a friends unit in 2010 but they would have been closed at that time and my daughter decided to have a baby the week we would have been there anyway (how irresponsible to have a baby during my vacation time!!! - just kidding folks!!).

Can I ask those of you who have been complaining about the place why you don't want to stay with the ownership change? What were the extra fees for, etc. No one I know who owns here has told me about extra charges for the switch - just that things were switched from one property owner to another.


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## jatco

Not complaining so much about the 'place' , but the affiliation, or now, new ownership, etal.
Having never stayed there, I can not pass comment on the resort.
As for us, it was just a case of being caught up the 'TS' sale/reSale marketing scenerios....!
.
It just didn't work for our needs.....- 
.
For other's, perhaps it would.!


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## mplswjr

*History and upcoming visit*

My wife and I have been members of the Playa del Sol Club for a number of years, and have stayed there for 2 to 8 weeks beginning in January annually.  Under the previous ownership and management, the resort steadily declined in quality.  The takeover by Bel Air Collection had just begun last January when we stayed there, and appeared to have begun some very needed updates and repairs.  The resort has never been close to comparable to the more upscale locations in Nuevo, but as a smaller, more basic location, we have generally enjoyed our stays.  We've enjoyed some friendships with a number of the staff, and always look forward to seeing them when we return each year.
Each year we make a new decision about returning the following year, and will do that once again this coming January (2012) when we arrive.  I will post an updated report/review about our upcoming stay and let anyone interested know what we see and what we think.

Bill


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## Stevefm

We bought in to the Los Muertos location 8 years ago. Now, no one who bought there can stay there. We just returned and BelAir put us in Conchas Chinas at the Grand Miramar as a favor. We were told we would not be able to stay at that location next year.
PDS has been one big scam after another. Good luck, as a woman said Bel Air was pretty much the same as PDS, and are in financial trouble. We shall see.


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## jatco

Stevefm said:


> We bought in to the Los Muertos location 8 years ago. Now, no one who bought there can stay there. We just returned and BelAir put us in Conchas Chinas at the Grand Miramar as a favor. We were told we would not be able to stay at that location next year.
> PDS has been one big scam after another. Good luck, as a woman said Bel Air was pretty much the same as PDS, and are in financial trouble. We shall see.



.
Just wondering... why is that? - since you are 'owners' of Los Muertos..??..Irregardless of who the new operators are (ie BelAir..) - What gives..??


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## judy23

*playa del sol*

Now ,lets get the facts straight here.PLS was purchased by Belair. Not the same Belaire scam from the marina. However they both either have in the past or are currently using Miramar in Conchas Chinas as an alternative for accomodations. This smells like the oldest fish in the sea as another scam of Antonio's.  I am sure a lot of you may agree  with me.If that is the case everyone stay far away from this scam.


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## Stevefm

Only fractionals can stay there, even though our contract states in perpetuity we can stay at that location. A lawsuit was filed against Molinaro last year by a group of us, that we won, but now, we are not allowed back in.
Will never purchase another timeshare ever after this scam.


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## jatco

/\ ..what, if I may ask, did you 'win' - Steve.. Now that you are not permitted to stay at what you bought!  What a rip-off.  
I'm Sooo glad we're out of PDS...!
I'll stick with our WorldMark..points system..tuvm!


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## Stevefm

On the phone now with Bel-Air, guess what? The only location is now Nuevo!
Are they kidding? We're done...end of story.


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## mplswjr

*I hope to clarify*

After a 4 week stay at in January at Belair Collection Vallarta, I believe I have acquired some accurate information about the relationship between Belair Collection and Playa del Sol.  Belair obtained the Playa del Sol properties at Nuevo Vallarta (Playa del Sol Grand) and Cabo late in 2010.
Both are now operating as completely separate business entities, which means that members will need to understand how to access usage of their intervals.  A key point comes down to at what location you purchased your membership from Playa del Sol.  If you purchased your membership at the Nuevo Vallarta location, or the Cabo location, Belair is honoring your contract as it is written, but you can only use your membership to schedule current Belair properties.  If you purchased your membership at any of the other Playa del Sol locations (Downtown Puerto Vallarta, Lindo Mar, or Costa Sur), you can only schedule intervals at the current Playa del Sol properties.
Thus, if your membership originated at either the Nuevo Vallarta or Cabo locations, the Belair Membership Services office cannot schedule any intervals at Costa Sur or Lindo Mar.  (Please note that the Downtown Playa del Sol property was renamed "Blue Seas", and serviced "Gay' clientele, but that location now appears to be closed.)  If you purchased your membership at the Downtown, Lindo Mar, or Costa Sur locations, Playa del Sol may not be able to gain access to the current Belair properties.
It appears that the sale of the Nuevo Vallarta and Cabo locations to Belair by Playa del Sol has been a real mess.  I have observed the Belair Member Services people working earnestly to accommodate the memberships purchased at those two locations.  Edgar Peniche is the Club Director, Carolina Rodriguez Gomez is the Member Services Supervisor.  Carolina supervises two people named Carlos and Joely who work in the member services office at Nuevo Vallarta.  I don't have any knowledge about what's happening for members under Playa del Sol.
Belair is doing a very nice job in renovating the Nuevo Vallarta property, and apparently also the Cabo location.  I posted a report on my observations at Nuevo in another thread below.
Please feel free to contact me via TUG if I can answer other questions, but I suggest you first contact member services at Belair or Playa del Sol first.
Bill


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## Stevefm

Thank you for the info.


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