# Peppertree Atlantic Beach I bankruptcy



## allsmiles277

Well it has happened just as I predicted Buildings 1-14 will be demolished by October this year. I understand that the next Buildings to be inspected will be 15-25. Since Buildings 10-14 look just like Buildings 15-25 there may be some more that will be on the demolish list. I wonder if Festiva Resorts has shared this information with owners other than Section I of Peppertree Atlantic Beach NC. I know more information that I cannot share on this forum. I think Peppertree Atlantic Beach, NC may be non existent in the near future. I think Buildings 26-33 may be okay. That resort will be a ghost town in the future. I hate to see it go but maybe somebody will come in and make it even better. Good Bye Peppertree.....it was nice knowing you for all these years !!!!


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## Miss Marty

*Peppertree Atlantic Beach North Carolina*

_
ATLANTIC BEACH _

The Peppertree Villas Homeowners Association is filing for bankruptcy to disband the association and demolish 14 condominium buildings. 

Read full article 

http://www.carolinacoastonline.com/news_times/article_ee5d34a8-fc12-11e4-ad3d-b33dd0dcfabd.html


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## allsmiles277

*Buildings 15-25 Peppertree Atlantic Beach NC decks and walkways condemned !!!!!*

Well.....surprise surprise.....Peppertree Atlantic Beach, NC has had the walkways and decks for Buildings 15-25 condemned by local Inspection's Office. Somehow this does not surprise me. I emailed the Asheville, NC Office and they said they did not have any information. I understand people are being told to ignore the condemnation signs. I have no idea if this is true. I do think Peppertree is going down like the Titanic !!! I hate to see this because it is a pretty nice complex and the people are very nice. If somebody is injured by ignoring the safety issues Festiva had better be ready for a BIG lawsuit. I hope they fix the issues that need addressing but that place cannot be safe if the Building Inspections Dept has condemned the walkways and decks for Buildings 15-25.


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## allsmiles277

*Hearing about condemnation at Peppertree Atlantic Beach in a few days !!!*

I heard that there is a hearing in the next few days about the condemnation of the decks and walkways at Peppertree Atlantic Beach NC Buildings 15-25. I also heard the power may be cut to that complex and I assume that is the condemned units which now includes 1-25. How in the world could this happen if the management company was doing their job as well as the Boards that make decisions at this complex. I have lost all faith in Festiva and the Boards for the 3 different sections of Peppertree Atlantic beach NC. I am sure there are going to be all kinds of lawsuits about all this mess. I think  Bankruptcy may actually happen now for Buildings 15-25. I was hoping they would fix the decks and walkways and try to keep this complex open but I am having doubts now. Any management company that is willing to endanger people's lives by letting them stay in Buildings with condemned decks and walkways is not a management company I want a a timeshare complex. Festiva is setting a bad precedent for themselves. I hope they reap what they sow.


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## Egret1986

*Thank you for posting this information.  I have rented my week 32 in Building 17.*



allsmiles277 said:


> I heard that there is a hearing in the next few days about the condemnation of the decks and walkways at Peppertree Atlantic Beach NC Buildings 15-25. I also heard the power may be cut to that complex and I assume that is the condemned units which now includes 1-25. How in the world could this happen if the management company was doing their job as well as the Boards that make decisions at this complex. I have lost all faith in Festiva and the Boards for the 3 different sections of Peppertree Atlantic beach NC. I am sure there are going to be all kinds of lawsuits about all this mess. I think  Bankruptcy may actually happen now for Buildings 15-25. I was hoping they would fix the decks and walkways and try to keep this complex open but I am having doubts now. Any management company that is willing to endanger people's lives by letting them stay in Buildings with condemned decks and walkways is not a management company I want a a timeshare complex. Festiva is setting a bad precedent for themselves. I hope they reap what they sow.



There has been no notification about any of this from the resort or Festiva.  I guess I need to make a call and find out what the heck is going on.  This is a nightmare.  My ownership was originally in Building 10.  When things went south with those buildings, I was given the opportunity to walk away or switch to the same week in either Phase II or III.  I opted for a Phase II unit.  While I received my reservation documents for the "new" unit in Phase II, I have never received the new deed or other documents that were promised to me back in January.  It is indeed a mess.  This is the only Festiva property I now own.  There will be no more in my future that's for sure.

I hope my guests have a usable place to stay one week from now and that their safety is not being jeopardized.


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## jimbob79

Just spent a week at Peppertree Atlantic Beach.  Buildings 15-25 have been CONDEMNED by the building inspector because of the condition of the decks only. We were still able to stay there last week since the decision too condemn is being challenged.  Would not be surprised to see Buildings 1-14 (land) go up for sale along with 15-25 because of their proximity, age, and condition.  Anyone want to dump theirs CHEAP?


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## Rehdaun

What a shame.  We stayed there over 10 years ago and thought the round buildings were quite quaint.  We were thinking of revisiting them in the next couple of years.  Doesn't look like we need to now.


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## allsmiles277

*Peppertree AB closing Buildings 15-25 for repair on August 17th*

The latest I have heard on Peppertree Atlantic Beach NC is that Buildings 15-25 will be closed on August 17th until the end of the year or the repairs on walkways and decks have been made. I am glad Festiva, the HOA,etc have finally made the right decision instead of putting people's safety in harm's way. Congratulations on first making a decision and making the correct decision. I think Buildings 10-14 also could have been saved but what do I know. This is what I have heard and I don't actually know if this is true so take it with a grain of salt.


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## burchblue

*Vacation Cancellation*

This letter is in reference to the mismanagement of Peppertree Atlantic Beach Resort (PAB) by the resort itself as well as the management group Festiva/Patton Hospitality.  My parents purchased a Charter Beach Club Membership at Peppertree Resort Villas in June 1987.   They used the week at PAB every year until the timeshare was deeded to me in 2001.  Since that time my family has utilized the exchange privilege that accompanied the membership purchase.  We have had many memorable vacations as a result of staying at PAB and other RCI affiliated resorts.  We were proud timeshare owners until we received notification in November 2014 of the impending condemnation of the Phase 1 buildings (where our unit is located).  At no time prior to November was there any communication about any structural damage to these buildings.  As timeshare owners who pay substantial maintenance fees every year, we assumed our fees were being utilized for building maintenance and had no reason to believe otherwise.   In April we were given the option to transfer our deed to another unit in PAB 2.  At that time, I tried to pay the 2015 maintenance fees but was told the fees could not be paid until the deed transfer was complete.   The transfer fee and accompanying paperwork was mailed May 18, 2015.  That check was cashed June 23, 2015.  However, to this date, we have not received the new deed.   Shortly after mailing the transfer fee, we were notified that PAB 1 had filed Chapter 11.  I made multiple attempts to pay the 2015 maintenance fee to Festiva/Patton Hospitality Group and was told they could not take payment over the phone, that I would have to mail a check which I did June 13.  That check was never posted or returned to me.  On July 13, I cancelled the first check and overnighted a new check to address on an old invoice.  The check was received on July 15 but still has not been posted to my account.  Per the resort’s policy, I cannot bank my week for exchange until the maintenance fees are paid.  Upon realizing that Festiva/Patton  Hospitality Group was not going to post the payment to my account, I decided to use my new unit 18F week 37 at Peppertree this year.  I was told by Festiva that payment of maintenance fees was not necessary to use the week at Peppertree but would be necessary in order to bank and exchange the week.    On August 7th, I called Peppertree to confirm the reservation that they had previously notified me of by letter (week 37, Sept 11th check in date unit 18F).  During that conversation, I was informed my reservation had been cancelled because the building that I was transferred to has to be closed for 3-4 months for repairs.  I asked to be switched to another unit in PAB 3 for the assigned week but was told “no”.  So I am left with nothing: No week to exchange, no reservation for the week promised, no place to go for the week off of work I requested.  All I get for this year of hell is an apology?  And to top it off, I was told there are units available in PAB 3 but I can’t get one of those for my assigned week unless I wanted to rent it.  Why would I want to rent something that I already own?    If this is how a business treats customers, I want no part of it.  Maybe the  Town of Atlantic Beach needs to shut the door on PAB and build something worth owning.


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## bogey21

Egret1986 said:


> My ownership was originally in Building 10.  When things went South with those buildings, I was given the opportunity to walk away or switch to the same week in either Phase II or III.



In hindsight walking away was probably the desirable option.  Those who walked away could probably have bought somewhere else for $100 or less.

George


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## pedro47

Does Diamond International Resorts owns any weeks at this resort or is DRI contacted with this resort in any fashion?


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## Maple_Leaf

pedro47 said:


> Does Diamond International Resorts owns any weeks at this resort or is DRI contacted with this resort in any fashion?



Diamond sure acts like they own some inventory there.


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## pedro47

Maple_Leaf said:


> Diamond sure acts like they own some inventory there.



Do you feel that DRI will purchase Peppertree-Atlantic Beach out of bankruptcy ?


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## Maple_Leaf

pedro47 said:


> Do you feel that DRI will purchase Peppertree-Atlantic Beach out of bankruptcy ?



Yes, I do.  To my knowledge, Peppertree-Atlantic Beach is the only inventory owned by DRI in coastal North Carolina.  I could see them taking over the entire property and expanding.


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## pedro47

Maple_Leaf said:


> Yes, I do.  To my knowledge, Peppertree-Atlantic Beach is the only inventory owned by DRI in coastal North Carolina.  I could see them taking over the entire property and expanding.



Your last statement is not true DRI just purchased six (6) Gold Key Resorts and they are located in Nage Heads, NC (OBX) and Virginia Beach, VA. They are located on coastal North Carolina and Virginia... There is also a topics/thread on this very subject posted on TUBS BBS on 8/17/2015.

The Title is "Diamonds International Resorts Buys Gold Key Resorts."


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## Maple_Leaf

pedro47 said:


> Your last statement is not true DRI just purchased six (6) Gold Key Resorts and they are located in Nage Heads, NC (OBX) and Virginia Beach, VA. They are located on coastal North Carolina and Virginia... There is also a topics/thread on this very subject posted on TUBS BBS on 8/17/2015.
> 
> The Title is "Diamonds International Resorts Buys Gold Key Resorts."



A-Ha!  Thank you.  I learn something new every day! 

This new information does show that DRI was very interested in inventory in coastal North Carolina and Virginia.  Perhaps they would like to continue expanding in the area?


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## Festivasu(ks

*Any NC Bar member's in Peppertree Association II*

Are there any NC Bar member's in any of the Peppertree Association's looking to file a class action suit against Festiva for mismanagement?


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## Kozman

I own at Peppertree.  Since they are basically shutting down a little over half a year into the schedule I assume they have a lot of maintenance fee left over that will not be used. Will/can this be used toward repairs. If they decide to go that way? If not, will they try to get a special assessment? I'd hope they do decide to go under rather than do a SA since I have very little invested originally. If they do a SA I'm thinking a lot of people will tell them to take back the deed, especially the people who were denied usage this year. That would make it even more difficult to repair. I just hope Festiva is not allowed to buy the place for pennies on the dollar.

I'd appreciate any updates as they come out.


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## allsmiles277

*Festiva always wanted to get rid of "deeded" timeshare owners !!!*

I always wondered when I went to so called UPDATE meetings when salespeople  tried to get you to convert to the POINTS system if Festiva had plans on getting rid of deeded timeshare owners. The pushy sales people tried to scare you into converting to the points system. Festiva continues to make in roads on lowering the deeded timeshare owners. I wouldn't be surprised if the Boards for each Section were in on this. In fact the Boards are the reason all these Buildings are being condemned for not doing their job. Festiva is the management company that the Board hired to do their job. I wouldn't be surprised if the Boards are personally sued for not doing their job. I am sure there is plenty of blame to go around. I think Festiva should be replaced with another management company with an honest track record. Many of these so called "management" companies are money pits backed up by the Boards that hire them. I don't trust any of the management companies. Look at what SPM has done at APATB III. They want your money. They will bleed you dry if the Board lets them. I hope there are honest management companies out there but I haven't seen one yet.


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## Ty1on

allsmiles277 said:


> I always wondered when I went to so called UPDATE meetings when salespeople  tried to get you to convert to the POINTS system if Festiva had plans on getting rid of deeded timeshare owners. The pushy sales people tried to scare you into converting to the points system. Festiva continues to make in roads on lowering the deeded timeshare owners. I wouldn't be surprised if the Boards for each Section were in on this. In fact the Boards are the reason all these Buildings are being condemned for not doing their job. Festiva is the management company that the Board hired to do their job. I wouldn't be surprised if the Boards are personally sued for not doing their job. I am sure there is plenty of blame to go around. I think Festiva should be replaced with another management company with an honest track record. Many of these so called "management" companies are money pits backed up by the Boards that hire them. I don't trust any of the management companies. Look at what SPM has done at APATB III. They want your money. They will bleed you dry if the Board lets them. I hope there are honest management companies out there but I haven't seen one yet.



From what I'm reading here, no management company in their right mind would pick up this property.


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## Kozman

allsmiles277 said:


> I always wondered when I went to so called UPDATE meetings when salespeople  tried to get you to convert to the POINTS system if Festiva had plans on getting rid of deeded timeshare owners. The pushy sales people tried to scare you into converting to the points system. Festiva continues to make in roads on lowering the deeded timeshare owners. I wouldn't be surprised if the Boards for each Section were in on this. In fact the Boards are the reason all these Buildings are being condemned for not doing their job. Festiva is the management company that the Board hired to do their job. I wouldn't be surprised if the Boards are personally sued for not doing their job. I am sure there is plenty of blame to go around. I think Festiva should be replaced with another management company with an honest track record. Many of these so called "management" companies are money pits backed up by the Boards that hire them. I don't trust any of the management companies. Look at what SPM has done at APATB III. They want your money. They will bleed you dry if the Board lets them. I hope there are honest management companies out there but I haven't seen one yet.



I got the same feeling about Festiva. I also attended those high pressure sales updates when Festiva took over management.  They did use scare tactics to try and push you toward their points. They indicated they were going to add a new building with big flat screens and granite counter tops. They even had a model to show us. We didn't bite and they were a bit rude upon leaving. How convenient it would be for them to buy the resort for pennies on the dollar and allow their dreams to come true. This all looks suspicious. As far as the balconies and walkways go a good portion of the construction is new from when they added the elevators.  They connected the buildings to share the elevator. I smell fish.


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## jimbob79

*Peppertree Atlantic Beach Maintenance Fees*

I received the Maintenance Fee Invoice weeks ago for my Blue Ridge Village week but nothing for Atlantic Beach.  No news is not good news!  Anyone know if the decks have been replaced yet in Phase 2?  Wonder if we are looking at a special assessment?


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## Kozman

jimbob79 said:


> I received the Maintenance Fee Invoice weeks ago for my Blue Ridge Village week but nothing for Atlantic Beach.  No news is not good news!  Anyone know if the decks have been replaced yet in Phase 2?  Wonder if we are looking at a special assessment?



I have not received a maintenance fee either. Since almost three month worth of owners were denied use of their week this year I wonder how many would reply with non payment on MF much more a special assessment. Maybe they should just declare bankruptcy as well. I'm sure Festiva would gladly offer to purchase the property for pennies on the dollar! If they do repair will they be ready by Jan. 1? Maybe they will use the three months worth of MF to do the repair since they were closed and had no need for the money already collected.


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## Mulligan101

*Peppertree Atlantic Beach Maintenance Fees*



Kozman said:


> I have not received a maintenance fee either. Since almost three month worth of owners were denied use of their week this year I wonder how many would reply with non payment on MF much more a special assessment. Maybe they should just declare bankruptcy as well. I'm sure Festiva would gladly offer to purchase the property for pennies on the dollar! If they do repair will they be ready by Jan. 1? Maybe they will use the three months worth of MF to do the repair since they were closed and had no need for the money already collected.



I received a letter from HOA for PAB II,  with the annual budget for year ending 12/31/16.   The letter stated that the board is still weighing their options regarding the stairwells and decks.  Total replacement has been recommended by architects and engineers, but HOA is still investigating all possibilities.   Also, since PABI declared bankruptcy,  the other two associations will have to take over their (PABI) share of common area expenses; therefore board of directors approved a 6.5% maintenance fee increase in 2016 for additional expenses.   No mention of special assessment fee.  At this point, I would gladly give up any ownership or interest in Peppertree Atlantic Beach!


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## Kozman

Mulligan101 said:


> I received a letter from HOA for PAB II,  with the annual budget for year ending 12/31/16.   The letter stated that the board is still weighing their options regarding the stairwells and decks.  Total replacement has been recommended by architects and engineers, but HOA is still investigating all possibilities.   Also, since PABI declared bankruptcy,  the other two associations will have to take over their (PABI) share of common area expenses; therefore board of directors approved a 6.5% maintenance fee increase in 2016 for additional expenses.   No mention of special assessment fee.  At this point, I would gladly give up any ownership or interest in Peppertree Atlantic Beach!



I think any owner would be foolish to pay any maintenance fees without a firm plan in place on what they are going to do and when. Jan. 1 is coming all too soon for repairs to be complete by then. They'd be throwing good money against bad. They can have my deed back.


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## elaine

I also use to own at Peppertree. What I don't understand is weren't the decks, walkways, and general construction thoroughly examined when the elevators were put in around 2006? I would have thought defects, etc. would have been spotted and corrected then when they connected everything to the new walkways to the elevators. It just sounds very weird to me. It's so sad b/c this was such a great place and our whole family had such good memories.


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## Kozman

elaine said:


> I also use to own at Peppertree. What I don't understand is weren't the decks, walkways, and general construction thoroughly examined when the elevators were put in around 2006? I would have thought defects, etc. would have been spotted and corrected then when they connected everything to the new walkways to the elevators. It just sounds very weird to me. It's so sad b/c this was such a great place and our whole family had such good memories.



My exact thoughts. I don't recall seeing anything that looked dangerous or structurally unsound. When the elevators were installed there was extensive construction added to join the individual buildings to share the elevators. I am scratching my head and will resist suggesting conspiracy theories.


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## Kozman

Any update on what is going on?


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## Mulligan101

Got my bill for maintenance fees, but no word on repairs or anything else, for that matter.


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## Kozman

Mulligan101 said:


> Got my bill for maintenance fees, but no word on repairs or anything else, for that matter.



If the resort is not ready for occupancy on Jan. 1 why would anyone pay their maintenance fee? They already took almost 1/3 of a year maintenance fee for 2015 while not being open and thus not needing much of it. I think I would want some info on what is planned before forking over more money with such an open ended future.


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## Cancun1994

Mulligan101 said:


> I received a letter from HOA for PAB II,  with the annual budget for year ending 12/31/16.   The letter stated that the board is still weighing their options regarding the stairwells and decks.  Total replacement has been recommended by architects and engineers, but HOA is still investigating all possibilities.   Also, since PABI declared bankruptcy,  the other two associations will have to take over their (PABI) share of common area expenses; therefore board of directors approved a 6.5% maintenance fee increase in 2016 for additional expenses.   No mention of special assessment fee.  At this point, I would gladly give up any ownership or interest in Peppertree Atlantic Beach!




I received my maintenance fee bill this weekend. Not sure what to do about that. I have been able to follow what is going on in the courts between the city and peppertree - does not look good. there was a statement that the proposal was trying to keep the cost to repair 15 -25 to where the owners could afford it.  I am sure they were not talking about Festiva either


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## Kozman

Cancun1994 said:


> I received my maintenance fee bill this weekend. Not sure what to do about that. I have been able to follow what is going on in the courts between the city and peppertree - does not look good. there was a statement that the proposal was trying to keep the cost to repair 15 -25 to where the owners could afford it.  I am sure they were not talking about Festiva either



I bet there will be many owners who will not pay. How about the owners shut out the last quarter of 2015? They already paid MF for nothing in return and are now being asked to pay again without any detailed info. Would we be the only fools to pay when the resort may very well be forced into bankruptcy like phase I. I'm not sure what to do. They need a website link or something to keep owners informed if they expect $$$$.


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## Mulligan101

Kozman said:


> I bet there will be many owners who will not pay. How about the owners shut out the last quarter of 2015? They already paid MF for nothing in return and are now being asked to pay again without any detailed info. Would we be the only fools to pay when the resort may very well be forced into bankruptcy like phase I. I'm not sure what to do. They need a website link or something to keep owners informed if they expect $$$$.





I found this online .  It seems to be a recent update from a local news channel.  

http://abc11.com/travel/beach-timeshares-condemned-/1113136/

Thie last paragraph of this article states:  

The repairs have yet to start on the stairways and walkways, but the attorney said they hope to get started the first of 2016. If all goes as planned, she said the association hopes to have the repairs done by May 2016. She said the maintenance fees collected will be paying for those repairs.

Hope you can link to the full article.


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## Kozman

Mulligan101 said:


> I found this online .  It seems to be a recent update from a local news channel.
> 
> http://abc11.com/travel/beach-timeshares-condemned-/1113136/
> 
> Thie last paragraph of this article states:
> 
> The repairs have yet to start on the stairways and walkways, but the attorney said they hope to get started the first of 2016. If all goes as planned, she said the association hopes to have the repairs done by May 2016. She said the maintenance fees collected will be paying for those repairs.
> 
> Hope you can link to the full article.



Thanks! I wonder why the owners are the last to find these things out. I'll have to think about this.


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## Egret1986

*Yes, thank you for sharing the news report. The HOA nor anyone else there is sharing.*



Mulligan101 said:


> I found this online .  It seems to be a recent update from a local news channel.
> 
> http://abc11.com/travel/beach-timeshares-condemned-/1113136/
> 
> Thie last paragraph of this article states:
> 
> The repairs have yet to start on the stairways and walkways, but the attorney said they hope to get started the first of 2016. If all goes as planned, she said the association hopes to have the repairs done by May 2016. She said the maintenance fees collected will be paying for those repairs.
> 
> Hope you can link to the full article.



Another reminder to the public that "timeshare" is a dirty word.  Just more reinforcement of the negative opinions folks have about the timeshare industry.  

You buy a timeshare, you pay your maintenance fee, your usage is denied through no fault of your own.  Sorry about that, "it's an unfortunate consequence of timeshare ownership." :annoyed:

You're right, Kozman.  Why would someone be inclined to pay a maintenance fee when the bids aren't in for the work, much less the repairs being started.  What a mess.


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## Kozman

Egret1986 said:


> Another reminder to the public that "timeshare" is a dirty word.  Just more reinforcement of the negative opinions folks have about the timeshare industry.
> 
> You buy a timeshare, you pay your maintenance fee, your usage is denied through no fault of your own.  Sorry about that, "it's an unfortunate consequence of timeshare ownership." :annoyed:
> 
> You're right, Kozman.  Why would someone be inclined to pay a maintenance fee when the bids aren't in for the work, much less the repairs being started.  What a mess.



My fear would be that if I pay the MF they may then come up with a large special assessment later. Then you'd have more invested in the resort and be more likely to pay the SA than if you knew it was coming before paying the MF. Nothing has been definitively communicated to owners.


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## Cancun1994

Kozman said:


> I bet there will be many owners who will not pay. How about the owners shut out the last quarter of 2015? They already paid MF for nothing in return and are now being asked to pay again without any detailed info. Would we be the only fools to pay when the resort may very well be forced into bankruptcy like phase I. I'm not sure what to do. They need a website link or something to keep owners informed if they expect $$$$.



we have until March 2016 and the statement indicates they will turn bill over to the collection agency.  Not sure how we are going to handle any of it at this time.


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## shp84

*Is there an easy way to walk away?*



Mulligan101 said:


> I received a letter from HOA for PAB II,  with the annual budget for year ending 12/31/16.   The letter stated that the board is still weighing their options regarding the stairwells and decks.  Total replacement has been recommended by architects and engineers, but HOA is still investigating all possibilities.   Also, since PABI declared bankruptcy,  the other two associations will have to take over their (PABI) share of common area expenses; therefore board of directors approved a 6.5% maintenance fee increase in 2016 for additional expenses.   No mention of special assessment fee.  At this point, I would gladly give up any ownership or interest in Peppertree Atlantic Beach!



We received our 2016 Maintenance Fee bill for PABII this week after being shut out of our week October 2015.  At this point we don't have much confidence in the HOA and would be willing to walk away if I could guarantee that I would not be liable for maintenance fees or future assessments.  Any ideas of how to legally extract myself from this contract?  The Festiva websites offer no information, and I wouldn't expect that they would make it easy to deed back our week.


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## Cancun1994

*thank you for linking the story*



Egret1986 said:


> Another reminder to the public that "timeshare" is a dirty word.  Just more reinforcement of the negative opinions folks have about the timeshare industry.
> 
> You buy a timeshare, you pay your maintenance fee, your usage is denied through no fault of your own.  Sorry about that, "it's an unfortunate consequence of timeshare ownership." :annoyed:
> 
> You're right, Kozman.  Why would someone be inclined to pay a maintenance fee when the bids aren't in for the work, much less the repairs being started.  What a mess.



thank you for the additional information. We are trying to decide whether or not we will pay the MF;


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## jackrorabbit

shp84 said:


> We received our 2016 Maintenance Fee bill for PABII this week after being shut out of our week October 2015.  At this point we don't have much confidence in the HOA and would be willing to walk away if I could guarantee that I would not be liable for maintenance fees or future assessments.  Any ideas of how to legally extract myself from this contract?  The Festiva websites offer no information, and I wouldn't expect that they would make it easy to deed back our week.



best guess is between $1,500 and $3,500 in attorney fees for their "negligence".


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## Mulligan101

Cancun1994 said:


> thank you for the additional information. We are trying to decide whether or not we will pay the MF;



I just received a friendly email from Patton Hospitality (aka Festiva) reminding me that I can pay my maintenance fee online, along with some more useless information,.   At this point, I am still undecided  as to what to do.   I have been an owner at Peppertree Atlantic Beach since 1989 and have faithfully paid my MF every year, apparently laboring under the delusion that it was being used to maintain the resort.   It would be nice to hear some definite plans from the HOA, instead of searching for updates online.  But as the HOA has "lawyered up" as we say here in Tennessee,  perhaps they are unwilling to  be forthcoming about any future plans for the resort.


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## RLS50

*PAB vs. APATB III*



allsmiles277 said:


> Many of these so called "management" companies are money pits backed up by the Boards that hire them. I don't trust any of the management companies. Look at what SPM has done at APATB III. They want your money. They will bleed you dry if the Board lets them. I hope there are honest management companies out there but I haven't seen one yet.


Could I ask a question here related to Atlantic Beach properties?

In the last part of your comment you made a negative remark about SPM and APATB III.  Can you explain?   Not saying you are wrong, or that I disagree per se with your general point, just trying to get some detail and context as it specifically applies to APATB III.

I can tell you from my vantage point APATB III seems to be the polar opposite of PAB.  They remodeled all the Building L units last year, and doing all the Building K units this year.  Not just a new rug or a new couch, we are talking complete gut jobs and remodels from floor to ceiling in every room.    They added elevators.  They keep adding amenities and seem to keep the property in great shape.  And their management staff always seems super friendly and responsive to any questions.

Again, I am no expert on either property at Atlantic Beach.  I have never stayed there in my life (yet).  

But whereas PAB and their management and HOA seem to be complete disasters, it seems to me that APATB III is making a lot of good decisions and really re-investing profits into the properties, which should make owners happy since the value of their units would (in theory) go up.   

Just curious to hear the thoughts of you and other Atlantic Beach travelers that seem to know the area and resorts so well.

What am I missing?


----------



## burchblue

The "resort" has it's attorney and the HOA has it's attorney.  Don't we owners need to band together and get our attorney?  I live in Durham NC.  I have spoken with a few attorneys here.  None of them would touch this case.  They said it wasn't worth their time.  I am now checking with attorneys in Morehead City/Atlantic Beach.  I don't intend to pay 2015 or 2016 Maintenance Fees since my 2015 week was cancelled and there is no guarantee that my 2016 week will be usable.  Any ideas on how we as a group could gain legal representation?


----------



## Kozman

burchblue said:


> The "resort" has it's attorney and the HOA has it's attorney.  Don't we owners need to band together and get our attorney?  I live in Durham NC.  I have spoken with a few attorneys here.  None of them would touch this case.  They said it wasn't worth their time.  I am now checking with attorneys in Morehead City/Atlantic Beach.  I don't intend to pay 2015 or 2016 Maintenance Fees since my 2015 week was cancelled and there is no guarantee that my 2016 week will be usable.  Any ideas on how we as a group could gain legal representation?



I don't see how this outcome can end in anything but disaster for owners who try to play by the rules and pay for 2016 when the HOA and Festiva have totally avoided any communication with the owners. This situation will likely spiral out of control because many owners feel like you and I do and will not pay. I agree with your premise of not paying. If enough stand up to the HOA they will have no option but to file for bankruptcy. That might be the owners best option. What happened to all the left over maintenance fees collected for 2015? Surely a closed resort does not need that level of funding. Are they using the money for lawyers who are working against the owners interest? Something smells!


----------



## shp84

*Attorney handling my PAB deedback*



burchblue said:


> The "resort" has it's attorney and the HOA has it's attorney.  Don't we owners need to band together and get our attorney?  I live in Durham NC.  I have spoken with a few attorneys here.  None of them would touch this case.  They said it wasn't worth their time.  I am now checking with attorneys in Morehead City/Atlantic Beach.  I don't intend to pay 2015 or 2016 Maintenance Fees since my 2015 week was cancelled and there is no guarantee that my 2016 week will be usable.  Any ideas on how we as a group could gain legal representation?



I have retained M. Douglass Goines to prepare an offer to deed back our week to the HOA.   

Beswick & Goines, PLLC
911 Arendell Street
Morehead City, NC  28557
Phone: 252.726.2134
Fax: 252.726.7438
E-Mail: BGPLLC@coastalaw.com


----------



## Mulligan101

shp84 said:


> I have retained M. Douglass Goines to prepare an offer to deed back our week to the HOA.
> 
> Beswick & Goines, PLLC
> 911 Arendell Street
> Morehead City, NC  28557
> Phone: 252.726.2134
> Fax: 252.726.7438
> E-Mail: BGPLLC@coastalaw.com



Thank you for the information.   I haven't paid my MF either.   I found it interesting that PABII was discussed in the following blog:   http://timeshare-resale-blog.rpmls....e-maintenance-fees-cover-routine-maintenance/


----------



## CatCat

I have 2 units for week 30 in building 18.  I still haven't paid my maintenance fees for 2016, so I called PAB today today to ask about my options.  I spoke with Catherine in the office, who told me that if the repairs aren't complete by that time, there were no plans to relocate anyone to another unit.  Also, the HOA is NOT buying units back at this time!!!  I asked her what would happen if I didn't pay the fees, and she said that the HOA would send the bill to collections, after which, if I don't pay, would result in my credit score being hit in a negative way.  UGH!!!


----------



## Kozman

CatCat said:


> I have 2 units for week 30 in building 18.  I still haven't paid my maintenance fees for 2016, so I called PAB today today to ask about my options.  I spoke with Catherine in the office, who told me that if the repairs aren't complete by that time, there were no plans to relocate anyone to another unit.  Also, the HOA is NOT buying units back at this time!!!  I asked her what would happen if I didn't pay the fees, and she said that the HOA would send the bill to collections, after which, if I don't pay, would result in my credit score being hit in a negative way.  UGH!!!



Anyone know how much a credit score would be hit? Mine can afford a hit.


----------



## theo

Kozman said:


> Anyone know how much a credit score would be hit? Mine can afford a hit.



I don't know a thing about this resort, but generally speaking there is little chance of any negative credit reporting efforts until or unless matters reach the stage of actual foreclosure --- *despite* any opinion which a clueless and unauthorized front desk clerk might unilaterally decide and choose to express.

Under the circumstance described, it would seem that this place has *much* bigger mismanagement problems to fix before threatening any negative credit reporting.


----------



## allsmiles277

*Demolition and repairs delayed*

I talked with somebody at Peppertree Atlantic Beach NC about a week ago and demolition of Buildings 1-14 had not started and walkway and deck repairs had not started on Buildings 15-25. I was told they were starting very soon and should be completed in the next 2-3 months. I have no faith in Peppertree Atlantic beach NC, Festiva management group or any of The Boards at Peppertree. I don't believe anything I hear from them. Pathological liars could be a good term to use but I hesitate  to apply this on this forum. The Boards have not done their job. Festiva has not done their job. Peppertree has not done their job. only believe what you see with Festiva and The Boards at Peppertree because I don't trust either. Never take their word for anything. They cannot be trusted.


----------



## allsmiles277

*Band Aids instead of proper repairs*

It is my understanding that Peppertree has been doing as little as possible to keep the Atlantic Beach NC Buildings open for the last 2-3 years. There is no doubt in my mind if this is true that would be considered negligence. I would also think The Boards at Peppertree AB are possibly in bed with Festiva since The Boards hire them. Communication and straight answers are not something Festiva is known for......it is more like "mum is the word" and hide all you can from the owners. As much as I hate to say this I think Peppertree AB will fold in the near future. I don't see how it can remain open because of what The HOA and Festiva have not done. They have not done their jobs and left the owners out in the cold.


----------



## pedro47

Why pay 2016 mf and you know this resort is in deep trouble. This is my opinion only.


----------



## allsmiles277

*I think Festiva will take the money and RUN !!!*

I think Festiva is waiting to see how many maintenance fees are going to be paid in 2016 to see if they can afford to do the repairs to walkways and decks. If on the other hand the money for repairs through maintenance fees does not come in I assume they will file for bankruptcy on Buildings 15-25. I paid one of mine and I think I will wait on the other. I hope as I am typing here that the decks and walkways are being fixed as I was told by PAB staff. I think they have been told to lie to the owners as in the condemnation last summer. I also hope the demolition on Buildings has started as I was told by PAB staff. Again I think I may have been lied to by staff but they are a pawn in the system and have to do it to keep their jobs. I hope I am wrong. Why would an owner pay maintenance fees if the work is not going to be done for 2016 use ? Many people lost their MF's last year after August 17th or whatever the date was. The  MF's have gone so high now that summer weeks are the only weeks with value. Winter weeks are a ripoff now at the current rates of MF's. I almost wish I had not paid the mf's that I did over a week ago because I will probably lose it to Festiva's money pit. I am certainly not impressed with Roy Cooper the attorney general for the State of North Carolina who appears not to be helping timeshare owners in the is situation with Festiva etc. Isn't he running for Governor ?


----------



## pedro47

What happen to the reserve fees?


----------



## Kozman

pedro47 said:


> What happen to the reserve fees?



What happened to the maintenance fees from Aug. on as well. I assume a closed resort does not need housekeeping, and most other operating costs. They lost their insurance so that goes away as well. I agree they are waiting to see if anyone pays so they can file for bankruptcy and pocket the $$$. There has been zero communication since and no response from our lawyer's inquiry. Do they really expect people to send upwards of $700 to them with no promise of getting any value in the future? Does anyone live nearby to see if there is any repair activity going on?


----------



## Mulligan101

http://atlanticbeach-nc.com/departments/planning-inspections/

If you go to this link, search for  Peppertree atlantic beach and click on highlights , you can get the reports to the Town of Atlantic Beach, including the last meeting on November 18th.


----------



## bogey21

I own a Week at a Resort facing a similar situation (Orofinino at Straight Creek, Dillon, CO);i.e. a Resort needing a major repair to keep their buildings operational.  Their Board of Directors offered two options.  Pay $1,000 to Deed Week to the HOA prior to December 31st *or* pay the MF and Special Assessment  and be able to use your Week during 2016.  This seems to me to be a reasonable approach.

George


----------



## TimeshareTraveller

*Timeshare Traveller*

Thank you, Mulligan.  

From the descriptions, buildings 1-14 are a total loss that cannot be fixed.  The other buildings have issues with decking that stem from the original contractor using 4" screws to put the decking together instead of 6-6.5" screws.  That means that one half of the decking joists are only held by screws penetrating a 1/2" into that side.  AB's council wants those screws replaced, but then they noted that the lifetime of pressure treated outside wood was less than the life that those decking planks have been there, even though they appear in decent shape.  So, they are recommending full replacement, not repair, though there is a repair option.  The council wants ALL stair treads replaced.

(The sarcastic part of me is wondering if Peppertree bought off the building inspector when a final inspection of that deck was made years ago after it was built.) 

Peppertree appears startled at the cost of the repair work.  They are holding off until the Dec 2015 board meeting --those notes aren't here yet.   But they mention that they are going to replace the structural parts, but re-use all the decking lumber that they can.  

So, $700 per unit maintenance fees x 50 weeks per unit x number of units per building x number of buildings to be demolished (15).  That's a dead loss of likely $1M in maintenance income alone (if 2 units per building, more if more units in there).  Those people losing their timeshare units will have to be accommodated.  Peppertree is in the position of negating the bargain with them by not giving them accommodations.  If a large group of Peppertree owners can be found, it's likely cheaper to get a lawyer to get you out of this than to try to fix it.  I don't think Peppertree AB can recover from this.  Likely they'll sell that land to another developer once it is cleared.  It already has power, sewer, water pulled to it or handled, so once it is broom-clean, it can be built with something new.  That will cost about $1-3M per building, and it is very doubtful Peppertree will do it.  I doubt that another timeshare will go there.


----------



## TimeshareTraveller

*Festiva banned from marketing*

Well, this is a Death Knell for them, likely.

http://insidethegate.com/2016/01/no...va-vacation-club-from-face-to-face-marketing/

NC's Attorney General has banned Festiva from face-to-face marketing for it's travel club for 3 years.  I would say that this company is likely done for.


----------



## pedro47

TimeshareTraveller said:


> Well, this is a Death Knell for them, likely.
> 
> http://insidethegate.com/2016/01/no...va-vacation-club-from-face-to-face-marketing/
> 
> NC's Attorney General has banned Festiva from face-to-face marketing for it's travel club for 3 years.  I would say that this company is likely done for.



This is good news for the new consumers; but bad news for the currents owners at this resort.


----------



## Kozman

You can bet even if the repairs are made future mf's will skyrocket to make up for owners who opt not to pay. To continue would be giving good money after bad. The total lack of communication from Festiva regarding the issue should tell you something.


----------



## pedro47

Kozman said:


> You can bet even if the repairs are made future mf's will skyrocket to make up for owners who opt not to pay. To continue would be giving good money after bad. The total lack of communication from Festiva regarding the issue should tell you something.



You know now, I think there is a hidden agenda by someone. The low land value & location  would be idea to be develop by a hotel chain or a timeshare developer.  This is prime land & location for someone in the future.

Be very careful.

This is my opinion only from hundred & hundreds miles away from this location. I have no interest in this resort nor am I am owner at this resort.


----------



## pedro47

pedro47 said:


> You know now, I think there is a hidden agenda by someone. The low land value & location  would be idea to be develop by a hotel chain or a timeshare developer.  This is prime land & location for someone in the future.
> 
> Be very careful.
> 
> This is my opinion only from hundred & hundreds miles away from this location. I have no interest in this resort nor am I am owner at this resort.



The current property land value is under assess because of the legal problems.


----------



## Mulligan101

pedro47 said:


> The current property land value is under assess because of the legal problems.



If anyone is interested in how much the property is currently assessed at, you can go to

http://web3.mobile311.com/Carteretsearch/

and look up Peppertree.


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## allsmiles277

*Thank you so much for that link about Festiva's marketing practices.*

Festiva banned from marketing
Well, this is a Death Knell for them, likely.

http://insidethegate.com/2016/01/nor...ace-marketing/

NC's Attorney General has banned Festiva from face-to-face marketing for it's travel club for 3 years. I would say that this company is likely done for.             I have good friends who have wanted to get out of their points membership that were lied to and promised things that never happened. Maybe this will finally give them a chance get straight with Festiva.


----------



## Kozman

allsmiles277 said:


> Festiva banned from marketing
> Well, this is a Death Knell for them, likely.
> 
> http://insidethegate.com/2016/01/nor...ace-marketing/
> 
> NC's Attorney General has banned Festiva from face-to-face marketing for it's travel club for 3 years. I would say that this company is likely done for.             I have good friends who have wanted to get out of their points membership that were lied to and promised things that never happened. Maybe this will finally give them a chance get straight with Festiva.



They will likely just double down at the other Festiva locations. I would think it may stop Festiva from trying to buy PAB and rebuild the location as they originally wanted to. I went to one of their sales pitches when they first took over from Fairfield and they pushed very aggressively to try and get us to turn over our deed for their travel club. We were showed a fancy model that they claimed they were going to build adjacent to the existing location. It never happened. It will be interesting to follow their fortunes.


----------



## allsmiles277

*I am totally convinced that Peppertree AB has no plans on continuing in the future*

There are so many problems at Peppertree AB that The Board, HOA and Festiva Management are drowning in quicksand !!! There is no reason to pay maintenance fees for this year because you may be throwing it away. I think we will hear something soon and no refund of maintenance fees for 2016 will be given. I am glad I walked away from my unit in Building 10 in Section I. I own many timeshares in Section II but I have decided to withhold maintenance fees for all except the one that I have paid for year 2016. This forum has convinced me that paying any maintenance fees for year 2016 is a waste until we hear some news from The Board of Section II. This whole situation is really sad.....many people have known for years this was going on and done nothing to stop it. I will miss Peppertree AB and all we can hope is that whoever gets this property in the future will be honest and open with the owners. The present management as well as other management companies out there sometimes only looks at the money they can drain off of a complex in maintenance fees and assessments etc etc. Money is the name of the game and some people will do anything to get it.......aka lying, cheating and stealing !!!


----------



## Mulligan101

*Peppertree on the agenda for town council meeting on January 25th*

Looks like Peppertree is on the agenda for the Town of Atlantic Beach Council Meeting on Monday, January 25th.   

http://atlanticbeach-nc.com/events/town-council-meeting/

Hopefully,  the minutes will be posted shortly after the meeting.


----------



## pedro47

Mulligan101 said:


> Looks like Peppertree is on the agenda for the Town of Atlantic Beach Council Meeting on Monday, January 25th.
> 
> http://atlanticbeach-nc.com/events/town-council-meeting/
> 
> Hopefully,  the minutes will be posted shortly after the meeting.



This would be a good time for owners to go to the Town Council meeting to hear the true about what is going at  AB.
Good luck to all the owners.


----------



## Mulligan101

*Peppertree on the agenda for town council meeting on January 25th*

The updated information is now available at 

http://atlanticbeach-nc.com/highlights/


----------



## SheilaE

*Info rec'd today from PAB*

I had inquired about something via the Festiva website several weeks ago and rec'd response today in which they informed me that since my building was closed I wouldn't be able to exchange the unit....which explains why it doesn't show on my II acct.  that was the first I knew about bldgs #15 on up were closed. The MF stmt just noted that our fees were increased to absorb PAB1 MF. I paid but think I will cancel my credit card payment and see what happens.  Have always been able to exchange via II but.....


----------



## Kozman

SheilaE said:


> I had inquired about something via the Festiva website several weeks ago and rec'd response today in which they informed me that since my building was closed I wouldn't be able to exchange the unit....which explains why it doesn't show on my II acct.  that was the first I knew about bldgs #15 on up were closed. The MF stmt just noted that our fees were increased to absorb PAB1 MF. I paid but think I will cancel my credit card payment and see what happens.  Have always been able to exchange via II but.....



If PAB I is no longer there why do they need additional MF? Aren't they separate associations for funding purposes?


----------



## Cancun1994

allsmiles277 said:


> There are so many problems at Peppertree AB that The Board, HOA and Festiva Management are drowning in quicksand !!! There is no reason to pay maintenance fees for this year because you may be throwing it away. I think we will hear something soon and no refund of maintenance fees for 2016 will be given. I am glad I walked away from my unit in Building 10 in Section I. I own many timeshares in Section II but I have decided to withhold maintenance fees for all except the one that I have paid for year 2016. This forum has convinced me that paying any maintenance fees for year 2016 is a waste until we hear some news from The Board of Section II. This whole situation is really sad.....many people have known for years this was going on and done nothing to stop it. I will miss Peppertree AB and all we can hope is that whoever gets this property in the future will be honest and open with the owners. The present management as well as other management companies out there sometimes only looks at the money they can drain off of a complex in maintenance fees and assessments etc etc. Money is the name of the game and some people will do anything to get it.......aka lying, cheating and stealing !!!



I will miss Peppertree Atlantic Beach as well - I do not think we will pay the MF; We have so enjoyed going to PAB as well as banking it periodically and going elsewhere - Las Vegas, Florida, Nashville to name a few -- right now we cannot bank due to the situation at PAB. Used to be considered a "Gold Crown Resort".


----------



## pedro47

Cancun1994 said:


> I will miss Peppertree Atlantic Beach as well - I do not think we will pay the MF; We have so enjoyed going to PAB as well as banking it periodically and going elsewhere - Las Vegas, Florida, Nashville to name a few -- right now we cannot bank due to the situation at PAB. Used to be considered a "Gold Crown Resort".



Is this resort a apart of DRI "The Club" points system?


----------



## Kozman

pedro47 said:


> Is this resort a apart of DRI "The Club" points system?



No. Not that I'm aware of.  It's fixed weeks or Festiva points.


----------



## SheilaE

This is the reply I got from Festiva on my inquiry...they don't even know when they will open - seems the 2-3 months quoted somewhere is probably not feasible.  

Thank you for contacting Owner Services.... Currently your resort is closed due to repairs, so you may or may not be able to make an exchange this year, depending on when the resort opens back up.  Please let us know if you need further assistance.
Thank you,
Member Services
Patton Hospitality Management 
521 College Street
Asheville, NC 28801
855-411-9335


----------



## Mulligan101

SheilaE said:


> This is the reply I got from Festiva on my inquiry...they don't even know when they will open - seems the 2-3 months quoted somewhere is probably not feasible.
> 
> Thank you for contacting Owner Services.... Currently your resort is closed due to repairs, so you may or may not be able to make an exchange this year, depending on when the resort opens back up.  Please let us know if you need further assistance.
> Thank you,
> Member Services
> Patton Hospitality Management
> 521 College Street
> Asheville, NC 28801
> 855-411-9335



Peppertree was on the front page of the local newspaper.  The article is just a rehash of what is available at the Town of Atlantic Beach website, but apparently there have been numerous inquiries to the paper regarding the status of Peppertree and now all inquiries are being referred to the HOA attorney.   

The article is available at 
http://www.carolinacoastonline.com/...406-c508-11e5-b5aa-e78bef17a8ec.html?mode=jqm

Wonder how many more owners will lose their week (s) this year?  I am pretty sure I won't be able to use mine!


----------



## Kozman

Mulligan101 said:


> Peppertree was on the front page of the local newspaper.  The article is just a rehash of what is available at the Town of Atlantic Beach website, but apparently there have been numerous inquiries to the paper regarding the status of Peppertree and now all inquiries are being referred to the HOA attorney.
> 
> The article is available at
> http://www.carolinacoastonline.com/...406-c508-11e5-b5aa-e78bef17a8ec.html?mode=jqm
> 
> Wonder how many more owners will lose their week (s) this year?  I am pretty sure I won't be able to use mine!



I wonder when the class action lawsuit will be announced against the Management Co. and HOA for incompetence and neglecting their fiduciary responsibility to maintain the property with the maintenance fee reserves?


----------



## allsmiles277

*Buildings 10-14 are being demolished and 1-9 soon to follow*

I have it on good word that Buildings 10-14 are being demolished with 1-9 soon to follow. I also have it on good word that repairs to 15-25 have not started. What that means is that when the repairs do start there will be a 2-3 month time frame for the work to get done. People who own weeks before May should be worried about usage this year. I would be extremely upset if I had paid maintenance fees for January-April and possibly would not get to use my timeshare. People beware even May weeks could also be at issue if the repairs start later in the year. The bottom line is that whenever they start will determine which people get to use their timeshares this year. I hope The Board will get their act together. I emailed Tom Taylor in Angier, NC     ttaylor372@aol.com     and have not heard a word from him. Peppertree gave me his email address so feel free to email him and his phone number and address are readily available on the internet             871 N. Benton St
Angier, NC 27501
919-639-9444               I hope you have better luck than I had with a response.


----------



## allsmiles277

SheilaE said:


> This is the reply I got from Festiva on my inquiry...they don't even know when they will open - seems the 2-3 months quoted somewhere is probably not feasible.
> 
> Thank you for contacting Owner Services.... Currently your resort is closed due to repairs, so you may or may not be able to make an exchange this year, depending on when the resort opens back up.  Please let us know if you need further assistance.
> Thank you,
> Member Services
> Patton Hospitality Management
> 521 College Street
> Asheville, NC 28801
> 855-411-9335


Sheila.....I was told that by office staff at Peppertree earlier in January but I didn't believe them. I figured it would be later. The office staff is being told what to say so you can't rely on it. The latest post I made comes from reliable sources and seems to go along with link to article in newspaper posted before my last post.


----------



## allsmiles277

*Board member at Peppertree reached out to me*

I just had a Board member reach out to me concerning the lack of information coming out. They told me that communication is coming out soon. I am happy a Board member reached out to me. I don't want to comment on the Memorial Day supposed deadline. I cannot be sure at this time of its accuracy. Just know according to the Board member I talked with that communication is on the way soon with information that we need to know.


----------



## Kozman

allsmiles277 said:


> I just had a Board member reach out to me concerning the lack of information coming out. They told me that communication is coming out soon. I am happy a Board member reached out to me. I don't want to comment on the Memorial Day supposed deadline. I cannot be sure at this time of its accuracy. Just know according to the Board member I talked with that communication is on the way soon with information that we need to know.



Good news and perhaps damage control. Notice it was AFTER the due date of the maintenance fees.


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## allsmiles277

Yes.....I made it clear that I was not happy that there was no communication with owners and the Board member in question works for Festiva in South Carolina aka Patton.....I am not impressed at all and I am sure it was because I had emailed Don Clayton with Festiva is the only reason I even heard from him. I have been informed by friends at Atlantic Beach NC right now that the demolition is going on and at a good rate. I hope Festiva can get the blueprints for repairs on 15-25 approved so that can start soon. I am hopeful but I still don't trust The Board. HOA or Festiva.


----------



## allsmiles277

*I also noticed RCI had one listing under Section III Peppertree*

In the last day or so I noticed RCI had 1 unit that had been space banked in Section III and was listed for trading. I did talk to an RCI representative the other day and ask why there were no listings for Section III at Peppertree AB. Maybe they looked into that and got that problem fixed.


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## allsmiles277

*Demolition looks like it is almost complete*

I have a couple of pictures taken this morning showing the demolition areas but I can't figure out how to attach to this post.


----------



## allsmiles277

https://www.shutterfly.com/lightbox/view.sfly?fid=a57ba6bd09c4da552f762628e38c6d8e


----------



## allsmiles277

I think the 2 photos are on the link above now if anybody wants to see the demolition results at Peppertree Atlantic Beach NC.


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## Kozman

allsmiles277 said:


> I think the 2 photos are on the link above now if anybody wants to see the demolition results at Peppertree Atlantic Beach NC.



It wants me to sign in!


----------



## MDterps

*Fed up with Peppertree and Festiva*

Called Peppertree/Festiva today.  They had us as a "no show" for Aug 2015 reservation for PAB II unit when they were the ones who called and told us not to come as buildings were shut down due to walkways and stairs. Told me it was a coding issue, not to worry. Well I do because I'm not like that. Also - fully expect us to pay 2015 maintenance fee even though we had no usage of any kind. She said they removed interest and late fees as a courtesy. Was she being funny? Told her we're not paying.

Worst customer service/business practices I have come across yet. My uncle transferred his PAB I unit to us in summer 2014. Cost $200 for transfer. Uncle paid 2014 MF. Took them so long to process transfer paperwork, we were unable to use the designated 2014 week. Plus, they allowed the transfer to go through knowing all the while this whole mess with the condemnation of the buildings was coming. Festiva happy to take our money!!

Now legal documents re bankruptcy say they plan to demolish buildings 1-14 and sell the real estate. Who are the going to sell it to? What company would come in and buy part of a resort? Doesn't seem to bode well for PAB II and III, which I supposedly now own in PAB II but have never seen any paperwork.

It's tempting to just walk away, but I think they are counting on that. Then even more $ lines their pockets. Don't use MF to keep the resort up. When it falls in disrepair spend $350,000 for demolition (of bldgs. 1-14) because the property can be sold for so much more.

Sorry for the rant, I'm angry and frustrated with Peppertree and Festiva. My Uncle (who turns 80 this month) like all the other owners, paid good money for their units and annual MF. They deserve better.


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## pedro47

Kozman said:


> It wants me to sign in!



Ditto it wants let me sign either.


----------



## pedro47

Please looked at these two old news inks. Search Peppertree Atlantic Beach Demolition on Google

www.wcti12.com 
Atlantic Beach Condemned, Slated for demolition/News
dated: May , 2015

HOA to raze condemned buildings, repair others at Peppertree Atlantic Beach
Carolina Coast Online / News
Dated September 15,2015

good  information for owners.


----------



## allsmiles277

I guess the link only works when I am signed in to Shutterfly. I will be glad to email the 2 pictures to anybody who wants them.


----------



## allsmiles277

Kozman said:


> It wants me to sign in!


I signed in ....see if you can accesss the 2 photos now


----------



## allsmiles277

allsmiles277 said:


> I signed in ....see if you can accesss the 2 photos now


https://im1.shutterfly.com/media/47...0160205165308115.JPG/ps=50/r=0/rx=550/ry=400/


----------



## allsmiles277

allsmiles277 said:


> https://im1.shutterfly.com/media/47...0160205165308115.JPG/ps=50/r=0/rx=550/ry=400/


https://im1.shutterfly.com/media/47...0160205165308088.JPG/ps=50/r=0/rx=550/ry=400/


----------



## allsmiles277

allsmiles277 said:


> https://im1.shutterfly.com/media/47...0160205165308088.JPG/ps=50/r=0/rx=550/ry=400/


Will someone please try the last 2 posts to see if the photos show up


----------



## pedro47

allsmiles277 said:


> Will someone please try the last 2 posts to see if the photos show up



I have viewed both photos. There is nothing left.


----------



## allsmiles277

pedro47 said:


> I have viewed both photos. There is nothing left.


Thank you for the verification


----------



## pedro47

allsmiles277 said:


> Thank you for the verification



Thanks,  you are welcome and thanks for sharing the photos.


----------



## NeedsAnswersPABII

*Seeking more Info*

I am an owner at PABII and my timeshare is currently closed which means I cannot trade or use the timeshare in any way. We received a letter from RCI stating that we are no longer allowed to trade through them since our timeshare has been condemned. We are told that repairs will be made at some point but have received no other communication about that matter. I am reading that several people are going to withhold their Maintenance Fees this year until they see what happens, but we received a letter stating that if we do not pay by sometime this month, our account will be turned over to collections. We do not want our credit ruined because we did not pay. Is anyone else worried about this?

Also, has anyone heard rumblings of a class action lawsuit being formed against Peppertree or Festiva about all of this? I can't believe more owners are not upset about this. I cannot understand where our Maintenance Fees have been going all these years. We have been owners and have paid on time every year for almost 20 years!


----------



## allsmiles277

Try this person.......he is a member of The Board.......James Badia, RRP PCAM
Peppertree Atlantic Beach
Board Member
843.817.8838


----------



## allsmiles277

I have friends that were at AB and they went by and took the pictures for me. You are very welcome. Now maybe the repairs on 15-25 will start.


----------



## allsmiles277

NeedsAnswersPABII said:


> I am an owner at PABII and my timeshare is currently closed which means I cannot trade or use the timeshare in any way. We received a letter from RCI stating that we are no longer allowed to trade through them since our timeshare has been condemned. We are told that repairs will be made at some point but have received no other communication about that matter. I am reading that several people are going to withhold their Maintenance Fees this year until they see what happens, but we received a letter stating that if we do not pay by sometime this month, our account will be turned over to collections. We do not want our credit ruined because we did not pay. Is anyone else worried about this?
> 
> Also, has anyone heard rumblings of a class action lawsuit being formed against Peppertree or Festiva about all of this? I can't believe more owners are not upset about this. I cannot understand where our Maintenance Fees have been going all these years. We have been owners and have paid on time every year for almost 20 years!


Peppertree has not been communicating with the owners like they should have. I understand there is communication that is coming very soon. I don't put much faith in that based on past experience. I don't care if they ruin my credit rating. The Board, HOA, and Festiva have let us all down. I have no faith in any of them and there are more than two ways to skin a cat.


----------



## pedro47

allsmiles277 said:


> I have friends that were at AB and they went by and took the pictures for me. You are very welcome. Now maybe the repairs on 15-25 will start.



Do they have the required building permits from the city to start repairs? Can someone who lives in the area check and see are the required permits posted on site?.


----------



## allsmiles277

pedro47 said:


> Do they have the required building permits from the city to start repairs? Can someone who lives in the area check and see are the required permits posted on site?.


It is my understanding that Festiva has to submit blueprints and the local Inspection's Dept has to approve them before the repairs on 15-25 can start. There are predictions that it will take until around Memorial Day week to finish but don't believe it until you see it.


----------



## allsmiles277

*Doc hub url for Peppertree demolition pic....did it work ??*

https://dochub.com/allsmilesd0a07d8d/295g7K/b0b0f21f-7d4b-4236-b481-aaa4d18a15d0


----------



## allsmiles277

https://dochub.com/allsmilesd0a07d8d/9NjE2W/8d56a2aa-3a0e-4026-bb5a-7ce474611031


----------



## allsmiles277

https://dochub.com/allsmilesd0a07d8d/496ZwP/p2050017-2-640x465                  Buildings 17,18,19,24 and 25


----------



## allsmiles277

RLS50 said:


> Could I ask a question here related to Atlantic Beach properties?
> 
> In the last part of your comment you made a negative remark about SPM and APATB III.  Can you explain?   Not saying you are wrong, or that I disagree per se with your general point, just trying to get some detail and context as it specifically applies to APATB III.
> 
> I can tell you from my vantage point APATB III seems to be the polar opposite of PAB.  They remodeled all the Building L units last year, and doing all the Building K units this year.  Not just a new rug or a new couch, we are talking complete gut jobs and remodels from floor to ceiling in every room.    They added elevators.  They keep adding amenities and seem to keep the property in great shape.  And their management staff always seems super friendly and responsive to any questions.
> 
> Again, I am no expert on either property at Atlantic Beach.  I have never stayed there in my life (yet).
> 
> But whereas PAB and their management and HOA seem to be complete disasters, it seems to me that APATB III is making a lot of good decisions and really re-investing profits into the properties, which should make owners happy since the value of their units would (in theory) go up.
> 
> Just curious to hear the thoughts of you and other Atlantic Beach travelers that seem to know the area and resorts so well.
> 
> What am I missing?


I am currently not in a legal position to comment on APATB III. Maybe one day I will be able to let you in on the truth about them but I would rather not say anything due to my present legal position with them.


----------



## pedro47

allsmiles277 said:


> https://dochub.com/allsmilesd0a07d8d/496ZwP/p2050017-2-640x465                  Buildings 17,18,19,24 and 25



We cannot view this web site. Permission is needed to view.


----------



## allsmiles277

They are the same pictures. I just thought that would work so I guess I will have to be satisfied with the other 2 links that did work. Thanks for letting me know.


----------



## allsmiles277

https://im1.shutterfly.com/media/47...0160207185824402.JPG/ps=50/r=0/rx=720/ry=480/


----------



## allsmiles277

17, 18, 19, 24, 25 still standing


----------



## pedro47

allsmiles277 said:


> https://im1.shutterfly.com/media/47...0160207185824402.JPG/ps=50/r=0/rx=720/ry=480/



These are must clearer pictures.


----------



## pedro47

allsmiles277 said:


> 17, 18, 19, 24, 25 still standing



Question, if I owned one of the demolish buildings. Will I be grandfather into one of the newer buildings without paying any additional fees?


----------



## allsmiles277

pedro47 said:


> Question, if I owned one of the demolish buildings. Will I be grandfather into one of the newer buildings without paying any additional fees?


I know there were 3  options......give back to HOA.........get another timeshare in SECT II or SECT III of comparable value......or pay a bunch of money to rebuild which was around 2700 hundred dollars per week per owner so I guess you could get a comparable unit in another section but I can't remember if there was any fee involved.


----------



## allsmiles277

I only owned 1 in Buildings 1-14 and I gave it back to the HOA.


----------



## allsmiles277

https://portal.festiva.travel/files/PAB1/HomeOwnerLetter.pdf


----------



## allsmiles277

1. Remain an owner in Peppertree Atlantic Beach 1
2. Deed your interest to the HOA and walk away
3. Deed your interest to the HOA and opt for a comparable unit and week in either PAB 2
or PAB 3


----------



## allsmiles277

allsmiles277 said:


> 1. Remain an owner in Peppertree Atlantic Beach 1
> 2. Deed your interest to the HOA and walk away
> 3. Deed your interest to the HOA and opt for a comparable unit and week in either PAB 2
> or PAB 3


Read the link above which gives more information about the 3 options above.


----------



## allsmiles277

*Festiva deck and walkways report*

https://portal.festiva.travel/files/PAB2/PAB II Deck and Stairwell Report.PDF


----------



## allsmiles277

Peppertree Atlantic Beach III (#5822) 
Atlantic Beach,  NC  28512,  USA  map resort

Rating:    (10)
Check-In Date Range 
19-Feb-2016 - 29-Sep-2017
1 Bedroom  2 Bedroom
28 available units
Check Availability
Exchange Trading Power Range 
5 - 21
  remove from favorites Exchange Units Available  Extra Vacations Units Not Available  Last Call Units Not Available


----------



## pedro47

allsmiles277 said:


> https://portal.festiva.travel/files/PAB2/PAB II Deck and Stairwell Report.PDF



This a dumb question. Why doesn't someone sue the contractor who built the original deck and stairwells?


----------



## allsmiles277

pedro47 said:


> This a dumb question. Why doesn't someone sue the contractor who built the original deck and stairwells?


What about the Inspection's dept who inspected the work ?


----------



## allsmiles277

allsmiles277 said:


> What about the Inspection's dept who inspected the work ?


Assuming it was inspected ?????


----------



## SheilaE

This is an email I received today from Member Services to a question posed 3-4 weeks ago!!! I knew the answer but did file a dispute on my cc for the Mntnce Fees and had them credited back to my card.  We will see what happens.

Mrs. Erickson,

Thank you for contacting Member Services.  Yes, your maintenance fee is required to be paid regardless of being able to use your unit.  Please let us know if you need further assistance.

Thank you,

Member Services
Patton Hospitality Management 
521 College Street
Asheville, NC 28801
855-411-9335
memberservices@pattonhospitality.com


----------



## allsmiles277

SheilaE said:


> This is an email I received today from Member Services to a question posed 3-4 weeks ago!!! I knew the answer but did file a dispute on my cc for the Mntnce Fees and had them credited back to my card.  We will see what happens.
> 
> Mrs. Erickson,
> 
> Thank you for contacting Member Services.  Yes, your maintenance fee is required to be paid regardless of being able to use your unit.  Please let us know if you need further assistance.
> 
> Thank you,
> 
> Member Services
> Patton Hospitality Management
> 521 College Street
> Asheville, NC 28801
> 855-411-9335
> memberservices@pattonhospitality.com


If you only own 1 timeshare there is a possibility nothing will happen. They can try and affect your credit rating if they really want to get you mad. I think it would cost more money to come after you with legal costs than it is worth to them. If you own many timeshares at Peppertree then it may be worth it for Peppertree to come after you legally. I think Peppertree Atlantic Beach NC is in for a rough ride over the next few years since maintenance fees have skyrocketed and the only weeks of any value are prime summer weeks. People are going to be dropping them left and right. I think they will eventually go bankrupt trying to bleed you dry with assessments and maintenance fees. If everybody with weeks of no value just refuse to pay maintenance fees I think they will have no choice but to file for bankruptcy in Section II and III.


----------



## Mulligan101

allsmiles277 said:


> If you only own 1 timeshare there is a possibility nothing will happen. They can try and affect your credit rating if they really want to get you mad. I think it would cost more money to come after you with legal costs than it is worth to them. If you own many timeshares at Peppertree then it may be worth it for Peppertree to come after you legally. I think Peppertree Atlantic Beach NC is in for a rough ride over the next few years since maintenance fees have skyrocketed and the only weeks of any value are prime summer weeks. People are going to be dropping them left and right. I think they will eventually go bankrupt trying to bleed you dry with assessments and maintenance fees. If everybody with weeks of no value just refuse to pay maintenance fees I think they will have no choice but to file for bankruptcy in Section II and III.



I agree that Peppertree Atlantic Beach is in for a  rough ride. From what I am seeing, not only on this forum, but other social media; it seems that many owners are either refusing to pay MF or trying to deed their week back.  After this debacle with the condemned buildings and total lack of communication with the owners;  I think a lot of owners would agree that bankruptcy sounds like the most desirable outcome.


----------



## allsmiles277

Mulligan101 said:


> I agree that Peppertree Atlantic Beach is in for a  rough ride. From what I am seeing, not only on this forum, but other social media; it seems that many owners are either refusing to pay MF or trying to deed their week back.  After this debacle with the condemned buildings and total lack of communication with the owners;  I think a lot of owners would agree that bankruptcy sounds like the most desirable outcome.


I heard somebody who knows what they are talking about that the cost of going after a timeshare owner is around 2000 dollars. What that means is that they will go after prime week owners because of the value of their timeshare so if you have a late Fall, Winter or early Spring timeshare you probably have nothing to worry about unless they decide to come after you after multiple years have gone by and Peppertree could already be in bankruptcy with Section II and III would probably follow if enough peiople do not pay their maintenance fees. The biggest losers will be prime time Summer week owners.


----------



## Kozman

One of the options for PAB I was to offer owners a comparable unit in PAB II or III wasn't it? Couldn't they just offer disgruntled PAB II owners the option of deeding back and directly deed the unit to PAB I owners who are interested?


----------



## allsmiles277

Kozman said:


> One of the options for PAB I was to offer owners a comparable unit in PAB II or III wasn't it? Couldn't they just offer disgruntled PAB II owners the option of deeding back and directly deed the unit to PAB I owners who are interested?


That makes perfect sense to me but that is why it may never be done because it does make sense. Management companies and "sense" don't mix and somne "Boards" don't mix either.


----------



## SheilaE

A positive - for me anyway. Had our week for sale thru a reputable firm recommended by TUG  listing it last spring 2015. Had some correspondence from them to which I responded it wasn't any use since PABI was in bankruptcy and PABII was condemned and in limbo and had been closed since last fall. They responded by refunding half of my money that I paid for listing the unit with them. I went with this firm as I had spoken with others when we were on vacation who  had used them to sell their units and had success - granted their units weren't Peppertree or in bankruptcy. But in Spring 2015 we didn't know anything about the issues either. Anyway - that was a positive out of all of this...so far.


----------



## allsmiles277

If you do own many timeshares at a resort and you have lost confidence in their ability to keep buildings maintained properly and spend maintenance fees wisely for future reference you may want to consider an LLC. You can speak with an attorney and he/she will let you know if that could be a solution to your situation. I think the cost per year in North Carolina is around 200 dollars and an attorney has fees to set it up. I am certainly not an expert and would recommend calling an attorney for more information about this.


----------



## allsmiles277

*No faith in Festiva, Peppertree AB, HOA, Boards !!!!*

I thought by now we would have gotten communication about Peppertree Atlantic Beach NC. I have received nothing to my knowledge so I will never believe a word from a Board member at Peppertree AB ever again. They have shown their true colors and I don't think they care about anybody but themselves. I predict bankruptcy in the not to distant future for all of Peppertree AB.


----------



## allsmiles277

allsmiles277 said:


> I thought by now we would have gotten communication about Peppertree Atlantic Beach NC. I have received nothing to my knowledge so I will never believe a word from a Board member at Peppertree AB ever again. They have shown their true colors and I don't think they care about anybody but themselves. I predict bankruptcy in the not to distant future for all of Peppertree AB.


If you want false hope just call this person who is a Board member at Peppertree AB    James Badia, RRP PCAM
Peppertree Atlantic Beach
Board Member
843.817.8838


----------



## allsmiles277

allsmiles277 said:


> If you want false hope just call this person who is a Board member at Peppertree AB    James Badia, RRP PCAM
> Peppertree Atlantic Beach
> Board Member
> 843.817.8838


Just got this from Board member at Peppertree AB           "Good Morning,
The mailing has not gone yet because we just received the final piece we were waiting for.
The issuance of permits to start work.  We just received this and are now finalizing the mailing now.
This was an important item we had to have a definite yes or no from the town before we advised the ownership."


----------



## allsmiles277

allsmiles277 said:


> Just got this from Board member at Peppertree AB           "Good Morning,
> The mailing has not gone yet because we just received the final piece we were waiting for.
> The issuance of permits to start work.  We just received this and are now finalizing the mailing now.
> This was an important item we had to have a definite yes or no from the town before we advised the ownership."


Just talked with Inspection's Office at Atlantic beach NC and only permits for repair have been issued for Buildings 20-23. The other Buildings 15-19 and 24, 25 have not been issued permits for repair. More half truths from Festiva and Peppertree AB. I cannot believe a word James Badia Board member at Peppertree AB speaks any more.


----------



## allsmiles277

allsmiles277 said:


> Just talked with Inspection's Office at Atlantic beach NC and only permits for repair have been issued for Buildings 20-23. The other Buildings 15-19 and 24, 25 have not been issued permits for repair. More half truths from Festiva and Peppertree AB. I cannot believe a word James Badia Board member at Peppertree AB speaks any more.


The repair permits for Buildings 20-23 were issued 2 weeks ago and nothing is happening so far.


----------



## Kozman

allsmiles277 said:


> The repair permits for Buildings 20-23 were issued 2 weeks ago and nothing is happening so far.



The longer they delay the more people who lose their occupancy the more won't pay next year the greater the chance of bankruptcy.


----------



## NeedsAnswersPABII

My husband called the inspectors office just this week and they confirmed that the power is still off in the PABII buildings. It has been off for quite some time. If you call and ask the PAB office if power is off, they will tell you it is not. But the inspectors office states that it is. These buildings will fall into complete disrepair if they are not even being cooled and heated.
Also, we have a week in March in PABII, and asked if we could use our week in one of the buildings that is not condemned. They said we could do that if we wanted to pay maintenance fees on one of those units even though we've already paid maintenance fees for a unit we cannot use. I would really love to know where our maintenance fees have been going for the last 20 years. Obviously not for maintenance...


----------



## allsmiles277

Kozman said:


> The longer they delay the more people who lose their occupancy the more won't pay next year the greater the chance of bankruptcy.


Yes and they must want to file bankruptcy on Section II because of their actions. They act like they have no intent to try and expedite these repairs. Maybe they will get them done the right way this time with OUR money. How could you have any faith in Festiva or Peppertree AB ? I have lost all faith in them and fully expect them to declare bankruptcy on Section II while they can collect what little money from maintenance fees. I am still withholding a week 21 maintenence fees. No communication is the death sentence.


----------



## Kozman

allsmiles277 said:


> Yes and they must want to file bankruptcy on Section II because of their actions. They act like they have no intent to try and expedite these repairs. Maybe they will get them done the right way this time with OUR money. How could you have any faith in Festiva or Peppertree AB ? I have lost all faith in them and fully expect them to declare bankruptcy on Section II while they can collect what little money from maintenance fees. I am still withholding a week 21 maintenence fees. No communication is the death sentence.



It's sad the direction they are going. Collect as much money as they can without spending any further effort on saving the resort.They will not get any extension from me next year for sure.


----------



## allsmiles277

Kozman said:


> It's sad the direction they are going. Collect as much money as they can without spending any further effort on saving the resort.They will not get any extension from me next year for sure.


No communication and slow to get things done are two things Festiva and Peppertree are guilty of. I think they led people to believe that demolition of 1-14 and repairs to decks and walkways would be all done by the end of 2015. I think if this had been done at least owners would have felt a little better. I am sure there may be things that delayed this process but I am also pretty sure that Festiva and Peppertree did nothing to expedite the process to help owners get to use their units this year. Festiva and Peppertree can't be very proud of themselves for dropping the ball. All they have to do is look into the mirror to see who is causing the problem.


----------



## Kozman

allsmiles277 said:


> No communication and slow to get things done are two things Festiva and Peppertree are guilty of. I think they led people to believe that demolition of 1-14 and repairs to decks and walkways would be all done by the end of 2015. I think if this had been done at least owners would have felt a little better. I am sure there may be things that delayed this process but I am also pretty sure that Festiva and Peppertree did nothing to expedite the process to help owners get to use their units this year. Festiva and Peppertree can't be very proud of themselves for dropping the ball. All they have to do is look into the mirror to see who is causing the problem.



Why would they care since there appears to be no ramifications for them.


----------



## pedro47

Sounds like they are going to sell the resort for pennies on the dollar. This is my personal only.


----------



## Kozman

pedro47 said:


> Sounds like they are going to sell the resort for pennies on the dollar. This is my personal only.



They will sell it for pennies as you state. Festiva will march in to save the day and build new luxary units where 1-14 were as well as sell Festiva poimts for the abandened units in PABIi. Just my opinion as well.


----------



## allsmiles277

Kozman said:


> Why would they care since there appears to be no ramifications for them.


Money talks and owners walk !!!!


----------



## allsmiles277

Kozman said:


> They will sell it for pennies as you state. Festiva will march in to save the day and build new luxary units where 1-14 were as well as sell Festiva poimts for the abandened units in PABIi. Just my opinion as well.


I think you are right on the money.


----------



## Kozman

allsmiles277 said:


> I think you are right on the money.



Festiva has been looking for a takeover from the day they took over management from Fairfield years ago. What a curious opportunity presents itself. How many board members are affialiated to Festiva?


----------



## pedro47

Kozman said:


> They will sell it for pennies as you state. Festiva will march in to save the day and build new luxary units where 1-14 were as well as sell Festiva poimts for the abandened units in PABIi. Just my opinion as well.



Location,Location, Location, Prime Beach Water front site and the price would be right to start a whole new resort project. Just my opinion as well.


----------



## Kozman

pedro47 said:


> Location,Location, Location, Prime Beach Water front site and the price would be right to start a whole new resort project. Just my opinion as well.



Here is a thread from Tug past worth reading. It adds perspective to our plight.

www.tugbbs.com/forums/showthread.php?t=93814


----------



## allsmiles277

Kozman said:


> Festiva has been looking for a takeover from the day they took over management from Fairfield years ago. What a curious opportunity presents itself. How many board members are affialiated to Festiva?


Badia ia a member and he is associated with Patton


----------



## allsmiles277

Kozman said:


> Here is a thread from Tug past worth reading. It adds perspective to our plight.
> 
> www.tugbbs.com/forums/showthread.php?t=93814


Looks like Festiva's "dream" is coming true on OUR backs !!!!!!


----------



## Mulligan101

*Festiva lawsuit in Tennessee*

Looks like Festiva will be paying out again.

http://wjhl.com/2016/02/24/festiva-...3-million-settlement-with-state-of-tennessee/

Glad to see someone is getting some results.


----------



## pedro47

Mulligan101 said:


> Looks like Festiva will be paying out again.
> 
> http://wjhl.com/2016/02/24/festiva-...3-million-settlement-with-state-of-tennessee/
> 
> Glad to see someone is getting some results.



Sounds Like A Pattern of Behavior by someone. What is a 3 million dollars  settlement when you can make that and more by starting a brand new water front development somewhere.


----------



## Mulligan101

pedro47 said:


> Sounds Like A Pattern of Behavior by someone. What is a 3 million dollars  settlement when you can make that and more by starting a brand new water front development somewhere.




One of the last times I stayed at PABII, I attended an "owner's information update " meeting which turned out to be a high pressure sales meeting.  At this meeting it was implied that anyone who kept their deeded week was old fashioned and out of it.   But in a curious set of circumstances,  my car had a problem and the nearest place to get the warranty work done was in Jacksonville, NC.  Just so happened the driver of the courtesy van had bought into the Festiva point system and had never been able to book a vacation.   Needless to say, I did not buy into the point system. Why trade a fixed week and several thousand more dollars for a point system that you may never be able to use?   Although it does make one wonder what is really going on with Festiva and PABII.


----------



## allsmiles277

Mulligan101 said:


> Looks like Festiva will be paying out again.
> 
> http://wjhl.com/2016/02/24/festiva-...3-million-settlement-with-state-of-tennessee/
> 
> Glad to see someone is getting some results.


Does this mean the small settlement for points owners in North Carolina by the attorney general Roy Cooper didn't fight for a better payout or maybe he put the some in his pocket ?


----------



## allsmiles277

Mulligan101 said:


> One of the last times I stayed at PABII, I attended an "owner's information update " meeting which turned out to be a high pressure sales meeting.  At this meeting it was implied that anyone who kept their deeded week was old fashioned and out of it.   But in a curious set of circumstances,  my car had a problem and the nearest place to get the warranty work done was in Jacksonville, NC.  Just so happened the driver of the courtesy van had bought into the Festiva point system and had never been able to book a vacation.   Needless to say, I did not buy into the point system. Why trade a fixed week and several thousand more dollars for a point system that you may never be able to use?   Although it does make one wonder what is really going on with Festiva and PABII.


Some people out there don't want a view of the ocean. They would rather be looking at West Fort Macon Road. I like to know the unit I am staying in and the week I am staying in it and if it has a view of the ocean and how close it is to the beach. Is that too much to ask ?


----------



## allsmiles277

Festiva is getting lawsuit from all directions. All you have to do is google Festiva lawsuits and you will be amazed at how many states have lawsuits against Festiva. Festiva has been lying to owners for years in the "update meetings". Remember the unit they took you to with nice counter tops and all stainless appliances. Yes all the things looked great in that "show" unit while the buildings were in disrepair and not being maintained as they should have been. They were conning owners, The lawmakers in North Carolina knew for years this practice was going on and did nothing, Roy Cooper got a pitiful settlement while other states are getting millions. I can't believe he has the nerve to run for governor of this state. The bottom line is Festiva still wins even though they should be in prison. Remember the Golden Rule....He with the gold rules !!! Money talks and owners continue to get screwed.


----------



## Maple_Leaf

*Governance*

This mess just looks like another in a long line of examples of poor timeshare governance.


----------



## allsmiles277

Maple_Leaf said:


> This mess just looks like another in a long line of examples of poor timeshare governance.


And the reason they do it is because they CAN. Boards and HOA's don't hold them accountable. Boards at timeshare complexes should also be in prison because they have not done their job and have been negligent.


----------



## Kozman

allsmiles277 said:


> And the reason they do it is because they CAN. Boards and HOA's don't hold them accountable. Boards at timeshare complexes should also be in prison because they have not done their job and have been negligent.



And, over time the HOA is infiltrated by the management company and the slide begins.


----------



## allsmiles277

Kozman said:


> And, over time the HOA is infiltrated by the management company and the slide begins.


Sounds like Festiva has got a LANDSLIDE going on. I know that the law provides some of these people cover to protect their rights but it still would be nice to see Timeshare Board members handcuffed and headed for jail or prison. In this country the company or persons with money can exert control over the law enforcement system. Of course that means you have to have "bad apples" in the system that will have no morals or ethics and take money under the table for looking the other way. I can only speculate how things work. I am sure I am pretty close. The management companies and boards sell their souls to the devil in some cases. I feel sure there are still honest people out there this day and time.


----------



## Kozman

I wonder what the small claims court options are in North Carolina since there doesn't appear to be any law firms stepping forward. Usually a no show will result in an automatic judgement.


----------



## allsmiles277

Kozman said:


> I wonder what the small claims court options are in North Carolina since there doesn't appear to be any law firms stepping forward. Usually a no show will result in an automatic judgement.


When I got the option to turn my Section I week back to the HOA I did it as fast as humanly possible and I was thankful for that.


----------



## Mulligan101

allsmiles277 said:


> When I got the option to turn my Section I week back to the HOA I did it as fast as humanly possible and I was thankful for that.



If PABII owners were offered that option, I would do the same thing!   The letter, from the engineering company regarding the repairs, states that these repairs should last 5-10 years, but also states they cannot accurately predict how long the repairs will last.   Who wants to go through this mess again in a few years?


----------



## allsmiles277

Mulligan101 said:


> If PABII owners were offered that option, I would do the same thing!   The letter, from the engineering company regarding the repairs, states that these repairs should last 5-10 years, but also states they cannot accurately predict how long the repairs will last.   Who wants to go through this mess again in a few years?


Sounds like a time bomb.


----------



## Kozman

5-10 years? Sounds like they are setting us up for a special assessment while trying to collect as much maintenance fees as possible before announcing it. When is the next election?


----------



## allsmiles277

Kozman said:


> 5-10 years? Sounds like they are setting us up for a special assessment while trying to collect as much maintenance fees as possible before announcing it. When is the next election?


If that does happen there will be so many owners dumping their timeshares that that will be the last straw in the Peppertree lifetime. If the Boards, HOA and Festiva were doing their jobs why would there be a need for a special assessment. A Timehare Special Assessment is a way to say WE (Boards, HOA, Management Company) were not doing our job to protect owners. We were lining our pockets with money and really didn't give  a Sh''" about the owners. In other words Special assessment = FAILURE of Boards, HOA and Management Company. The management companies have a free money source from Day 1 from timeshare owners so they can blame owners instead of themselves. Timeshare owners need better protection but you have to do that on your own. If you own several timeshares I would advise those owners to consult with a good attorney and see if there are other options besides being railroaded by Management Companies and Boards.


----------



## Ty1on

allsmiles277 said:


> If that does happen there will be so many owners dumping their timeshares that that will be the last straw in the Peppertree lifetime. If the Boards, HOA and Festiva were doing their jobs why would there be a need for a special assessment. A Timehare Special Assessment is a way to say WE (Boards, HOA, Management Company) were not doing our job to protect owners. We were lining our pockets with money and really didn't give  a Sh''" about the owners. In other words Special assessment = FAILURE of Boards, HOA and Management Company. The management companies have a free money source from Day 1 from timeshare owners so they can blame owners instead of themselves. Timeshare owners need better protection but you have to do that on your own. If you own several timeshares I would advise those owners to consult with a good attorney and see if there are other options besides being railroaded by Management Companies and Boards.



If you wanted to own the property to, say, build a brand new resort, wouldn't it be a good thing if owners started dumping their timeshares?  Perhaps Festiva would even be magnanimous enough to graciously allow owners to hand their deeds over.


----------



## Kozman

Ty1on said:


> If you wanted to own the property to, say, build a brand new resort, wouldn't it be a good thing if owners started dumping their timeshares?  Perhaps Festiva would even be magnanimous enough to graciously allow owners to hand their deeds over.



I agree. Festiva has been after this property from day one. Turn over all your deeds and they have total vote on elections.


----------



## allsmiles277

Ty1on said:


> If you wanted to own the property to, say, build a brand new resort, wouldn't it be a good thing if owners started dumping their timeshares?  Perhaps Festiva would even be magnanimous enough to graciously allow owners to hand their deeds over.


That is the smartest resolution but there will be prime time summer week owners that will not be happy.


----------



## Ty1on

allsmiles277 said:


> That is the smartest resolution but there will be prime time summer week owners that will not be happy.



If I were wanting to do something like this, I would negotiate with remaingin holdouts to strike a Win-Win.  Some monetary compensation to cover the downtime, and a deed for equal accommodations and week in the new resort after completion.

Where there's a will, there's a way.


----------



## allsmiles277

Ty1on said:


> If I were wanting to do something like this, I would negotiate with remaingin holdouts to strike a Win-Win.  Some monetary compensation to cover the downtime, and a deed for equal accommodations and week in the new resort after completion.
> 
> Where there's a will, there's a way.


Dream on !!!!!!!


----------



## Mulligan101

*Special Assessment*



Kozman said:


> 5-10 years? Sounds like they are setting us up for a special assessment while trying to collect as much maintenance fees as possible before announcing it. When is the next election?



Has anyone else received their letter from Board of Directors regarding the special assessment?   I have just received mine.  No amount was specified, but the letter, in part, states they plan to assess the owners each year in April becoming due in June, starting this year for a period of 3 years.  They are still finalizing the assessment amounts.   

A never ending nightmare of epic proportions!  Does anyone know of any legal way to extract yourself from this situation?  I had an attorney, but he did very little,  using the same excuse that we have all heard before, "you know how those timeshares are, so hard to get out of".  I can hardly believe that there is no possible way to end this!   I am open for suggestions!


----------



## pedro47

Kozman said:


> I agree. Festiva has been after this property from day one. Turn over all your deeds and they have total vote on elections.



How many weeks/units  (proxy votes) does Festiva control or own?


----------



## allsmiles277

*Peppertree owners get screwed one more time !!!!*

Got my update letter in the mail from The Board of Directors at Peppertree AB. Guess who has gotten 3 years of special assessments at Peppertree AB now.....YOU and I !!!! I bet there will be many people dropping their timeshares now. The Board are nothing but gutless cowards !!!


----------



## allsmiles277

Apparently the special assessments start  in April of this year and are due in June. Peppertree AB Board has gone to the dogs. I feel like they should have declared bankruptcy instead of this. Does the word CROOKS mean anything to anybody ? Festiva is behind this and their names is major MUD now. Will the Board be held accountable ? Will Festiva be held accountable ? Will the HOA be held accountable ? NO !!!!!! WE ARE HELD ACCOUNTABLE !!!!


----------



## Mulligan101

allsmiles277 said:


> Apparently the special assessments start  in April of this year and are due in June. Peppertree AB Board has gone to the dogs. I feel like they should have declared bankruptcy instead of this. Does the word CROOKS mean anything to anybody ? Festiva is behind this and their names is major MUD now. Will the Board be held accountable ? Will Festiva be held accountable ? Will the HOA be held accountable ? NO !!!!!! WE ARE HELD ACCOUNTABLE !!!!



I agree that bankruptcy would have been a better option.  I paid my maintenance fee on the advice of my attorney  (remember when maintenance fees were going to pay for the repairs?).  Now we have deck repairs in excess of 1 million dollars,who knows how much these assessment fees will be for the next 3 years, and we still can't use our timeshare.   No one seems to have any success in deeding their timeshare back to the HOA.  Only the owners are being held accountable.   Will this debacle ever end?


----------



## bogey21

allsmiles277 said:


> Apparently the special assessments start  in April of this year and are due in June.



How much are the Special Assessments?

George


----------



## allsmiles277

I did some quick calculations and I know this cannot be correct but I came up with  between 80 and 81 dollars per unit per year. If that is true which I doubt it doesn't sound as bad as I would have expected. I am sure my calculations must be off and please don't rely on them. I may have calculated incorectly and I would not want to get owners hopes up.


----------



## allsmiles277

Llc      llc        llc       llc         llc


----------



## allsmiles277

There are approximately 80 units in Buildings 15-25. I divided 1,000,000 dollars by 3 years and got 333,333.333. I divided that by 80 units and got 4166.66 and then divided that by 52 weeks and got 80.13. Can any math people confirm this ?


----------



## allsmiles277

mulligan101 said:


> has anyone else received their letter from board of directors regarding the special assessment?   I have just received mine.  No amount was specified, but the letter, in part, states they plan to assess the owners each year in april becoming due in june, starting this year for a period of 3 years.  They are still finalizing the assessment amounts.
> 
> A never ending nightmare of epic proportions!  Does anyone know of any legal way to extract yourself from this situation?  I had an attorney, but he did very little,  using the same excuse that we have all heard before, "you know how those timeshares are, so hard to get out of".  I can hardly believe that there is no possible way to end this!   I am open for suggestions!


llc llc llc llc llc llc


----------



## Kozman

In addition to a special assessment you can count on the maintenance fees going up as well If it only ended with the special assessment. I knew we were in for it when they remained silent until after many of the fees were paid for 2016.


----------



## Kozman

allsmiles277 said:


> There are approximately 80 units in Buildings 15-25. I divided 1,000,000 dollars by 3 years and got 333,333.333. I divided that by 80 units and got 4166.66 and then divided that by 52 weeks and got 80.13. Can any math people confirm this ?



Only other thought is that there are HOA owned units  and those must be figured into the equation. Empty units will be subsidized by the remaining owners. Also, will the Festiva points contracts attached to the units be subsidized by us as well or will the 'Vacation Club' kick in $$$ as well?


----------



## Kozman

I wonder who the construction company of choice will be affiliated with? And, for a million bucks the repair better last more than the 5-10 years I read.


----------



## allsmiles277

Kozman said:


> I wonder who the construction company of choice will be affiliated with? And, for a million bucks the repair better last more than the 5-10 years I read.


Yes I agree the cost will be more than the calculations because of what you have added to the equation. I should have said 80-81 dollars or more. That still is not an extremely bad assessment. I was figuring and thought it would be much more. Maybe they will hide a new project in the assessment.


----------



## Kozman

allsmiles277 said:


> Yes I agree the cost will be more than the calculations because of what you have added to the equation. I should have said 80-81 dollars or more. That still is not an extremely bad assessment. I was figuring and thought it would be much more. Maybe they will hide a new project in the assessment.



They have collected almost 7 months worth of maintenance fees for a resort that is closed plus what they could get for 2016. That figure dwarfs the $80 amount. Why isn't that enough? I'm sure Festiva is still getting their management fees every month.


----------



## allsmiles277

Kozman said:


> They have collected almost 7 months worth of maintenance fees for a resort that is closed plus what they could get for 2016. That figure dwarfs the $80 amount. Why isn't that enough? I'm sure Festiva is still getting their management fees every month.


The truth is they have let us all down in more ways than one. The Board of Directors are not doing their job and Festiva is not doing their job. The communication speaks volumes that they have been hiding things from owners. I don't think that Board members and Festiva Management Company deserve one more day having anything to do with Peppertree Atlantic Beach. Because of their management 14 buildings have been demolished and people have lost use of their timeshares from August 17, 2015 to whenever the repairs are made and inspected by the Building Inspections Office and approved for occupancy. The Board and Festiva Management should be in prison.


----------



## bogey21

Compare what is going on here to a similar situation I had last year with my Son's Orofino at Straight Creek (Dillon, CO) Week.  Massive, expensive repair was needed.  In November he was given the option to either pay $1,000 by December 31st  to "Surrender" his Week to the HOA or pay roughly $1,950 for each of the next two years to keep the Week.  What I liked was wichever way Owners wanted to go they had the facts and costs laid out to use when making their decision.

George


----------



## allsmiles277

bogey21 said:


> Compare what is going on here to a similar situation I had last year with my Son's Orofino at Straight Creek (Dillon, CO) Week.  Massive, expensive repair was needed.  In November he was given the option to either pay $1,000 by December 31st  to "Surrender" his Week to the HOA or pay roughly $1,950 for each of the next two years to keep the Week.  What I liked was wichever way Owners wanted to go they had the facts and costs laid out to use when making their decision.
> 
> George


I agree......Festiva and the Board have not communicated with owners like they should have. They are weasels, spineless, gutless candy arses !!! They would have done better to be honest and truthful and owners would have had more respect for them. Instead they have been incommunicado and hidden things for months. I say do away with all existing Board members and get rid of Festiva by way of a new Board. Let's cut the cancer out and get back on the road of enjoying Peppertree with a Board that backs owners instead of management companies. Go home Festiva....we don't want you or the existing Board members.


----------



## SheilaE

*The Letter from the Board*

This letter is about as hollow as a dead tree. Someone posted earlier that not all permits had been applied for, work wasn't started on PABII. Perhaps that has changed by now.  What happened to the reserves?? But we should appreciate the fact, and I quote from the letter with tongue in cheek, that they "have been diligent in our efforts to do what is best for the association"...."....many things have occurred...."   Blah blah blah wonder what the chances are of selling after the bandaid repairs are complete.


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## allsmiles277

SheilaE said:


> This letter is about as hollow as a dead tree. Someone posted earlier that not all permits had been applied for, work wasn't started on PABII. Perhaps that has changed by now.  What happened to the reserves?? But we should appreciate the fact, and I quote from the letter with tongue in cheek, that they "have been diligent in our efforts to do what is best for the association"...."....many things have occurred...."   Blah blah blah wonder what the chances are of selling after the bandaid repairs are complete.


The Board of Directors and Festiva Management are a joke. I think that sums it up.


----------



## allsmiles277

SheilaE said:


> This letter is about as hollow as a dead tree. Someone posted earlier that not all permits had been applied for, work wasn't started on PABII. Perhaps that has changed by now.  What happened to the reserves?? But we should appreciate the fact, and I quote from the letter with tongue in cheek, that they "have been diligent in our efforts to do what is best for the association"...."....many things have occurred...."   Blah blah blah wonder what the chances are of selling after the bandaid repairs are complete.


When I post something on this forum I double check information from Board members and Festiva with the local Inspection's Office at Atlantic Beach and the Board and Festiva give you partial truth. I trust what the local Inspection's Office tells me. I don't trust Board members or Festiva.


----------



## NeedsAnswersPABII

Has anyone considered the thought that they may take our money and not do the repairs? My husband and I were talking about this today. We still have great concerns that they are trying to get as much money out of us before they let the buildings be completely condemned. They claim in the letter that repairs have already began on the PABII buildings. Can anyone confirm this?


----------



## Kozman

NeedsAnswersPABII said:


> Has anyone considered the thought that they may take our money and not do the repairs? My husband and I were talking about this today. We still have great concerns that they are trying to get as much money out of us before they let the buildings be completely condemned. They claim in the letter that repairs have already began on the PABII buildings. Can anyone confirm this?



I put nothing past this outfit! My best guess is that they will grab as much money as possible and then say....oh, sorry we must declare bankruptcy because too many owners haven't paid their 2016 mf and/or the special assessment. You notice there was no call for a special assessment before the 2016 fee deadline. They knew that would result in more owners dropping out.


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## allsmiles277

NeedsAnswersPABII said:


> Has anyone considered the thought that they may take our money and not do the repairs? My husband and I were talking about this today. We still have great concerns that they are trying to get as much money out of us before they let the buildings be completely condemned. They claim in the letter that repairs have already began on the PABII buildings. Can anyone confirm this?


Contact Us
Planning, Zoning & Inspections
PO Box 10
Atlantic Beach, NC 28512
Phone: 252 726-4456
Fax: 252 727-7043


----------



## allsmiles277

Norstate Contracting Inc  
Home Builder
Address: 3520 Diamond Dr # D, Greenville, NC 27834
Phone252) 757-1814


----------



## allsmiles277

The  permits for 20-23 have been issued but the permits for the others 15-19 and 24, 25 have just turned in the plans to the Inspection's Dept and have not be approved yet. I was given the impression that only 20-23 would be possibly finished in May or June.


----------



## allsmiles277

NeedsAnswersPABII said:


> Has anyone considered the thought that they may take our money and not do the repairs? My husband and I were talking about this today. We still have great concerns that they are trying to get as much money out of us before they let the buildings be completely condemned. They claim in the letter that repairs have already began on the PABII buildings. Can anyone confirm this?


As of today Norstate is only working on Buildings 20-23 since the other permits have not been issued for 15-19 24, 25. The plans have been turned in but have not gotten approval yet. That is of right now. I hope this information will help you.


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## Mulligan101

allsmiles277 said:


> As of today Norstate is only working on Buildings 20-23 since the other permits have not been issued for 15-19 24, 25. The plans have been turned in but have not gotten approval yet. That is of right now. I hope this information will help you.



Thank you for the update.   I  see that the amount of the special assessment  has not been posted at the Festiva owner website; although they did post a copy of the letter we received regarding the repairs and special assessments.


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## allsmiles277

I also have the cell number for the person running the job at Peppertree for Norstate but I would not want to bother this person.


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## allsmiles277

In a little more than a month I will be down at Atlantic Beach for a few weeks and I will go by Peppertree and get a look at what has been repaired and hopefully report it back on this forum. It would be nice if all the repairs have been finished by the time I get down to the beach. I am not going to hold my breath.


----------



## Kozman

allsmiles277 said:


> In a little more than a month I will be down at Atlantic Beach for a few weeks and I will go by Peppertree and get a look at what has been repaired and hopefully report it back on this forum. It would be nice if all the repairs have been finished by the time I get down to the beach. I am not going to hold my breath.



The only bright spot for me is that I own in Bld. 23 which is mentioned as being worked on. My week is at the end of April. Fingers crossed.

I still wonder why we need a special assessment since they have collected a large amount of maintenance fees while the resort is closed. What happened to that money? I bet Festiva didn't lose a pay check.

Thanks for the updates. Much appreciated.


----------



## allsmiles277

Kozman said:


> The only bright spot for me is that I own in Bld. 23 which is mentioned as being worked on. My week is at the end of April. Fingers crossed.
> 
> I still wonder why we need a special assessment since they have collected a large amount of maintenance fees while the resort is closed. What happened to that money? I bet Festiva didn't lose a pay check.
> 
> Thanks for the updates. Much appreciated.


I like to know what is going on so that is why I call the Inspection's Office, Norstate construction, and anybody who will communicate with me and be truthful with me. I have tried to keep forum members up to date as well as I can and give out phone numbers so they can also make calls if they don't believe what I am typing here. I am so disgusted with Board members and Festiva !!!! They are the lowest low beings on this earth !!!!


----------



## allsmiles277

Well......guess what......the permits for 15. 16, 17, 18, 19, 24, 25 have still not been issued. They are waiting their place in line to get approved. If they had submitted the plans earlier they may have gotten the other permits by now. This is another BIG mistake by Board members and Festiva. Apparently they don't care if you don't get to use your week this year. I would not count on using your week this year in the next month or so unless your unit is 20, 21, 22, 23 and then you still may not get those in the next month.


----------



## allsmiles277

I just talked with a very rude Peppertree representative about Buildings 20-23. I was told they are still working on them and no other information could be given. This is ridiculous. Everybody EXCEPT Peppertree representatives, The Board, and Festiva are being helpful. All of them need to be fired !!!


----------



## allsmiles277

Norstate Contracting Inc  
Home Builder
Address: 3520 Diamond Dr # D, Greenville, NC 27834
Phone252) 757-1814


----------



## allsmiles277

2527148176 Worth.....construction manager for Norstate at the Peppertree Atlantic Beach, NC site. I have not gotten any return calls from Worth so I am posting his cell number in case somebody else wants to try.


----------



## allsmiles277

Latest news on Peppertree Atlantic Beach NC.......nobody can give out information about repairs at Peppertree AB except The Inspection's Office since it is  public record. The Board and Festiva have shut down any communication to owners. Don't expect anybody associated with Peppertree AB to give out any information. Owners have a right to get information but The Board and Festiva refuse to communicate to owners. I personally think this is the wrong way to handle this situation but when The Board members and Festiva lie to you repeatedly they cannot be trusted. The Board and Festiva should be ashamed of themselves.


----------



## Mulligan101

allsmiles277 said:


> Latest news on Peppertree Atlantic Beach NC.......nobody can give out information about repairs at Peppertree AB except The Inspection's Office since it is  public record. The Board and Festiva have shut down any communication to owners. Don't expect anybody associated with Peppertree AB to give out any information. Owners have a right to get information but The Board and Festiva refuse to communicate to owners. I personally think this is the wrong way to handle this situation but when The Board members and Festiva lie to you repeatedly they cannot be trusted. The Board and Festiva should be ashamed of themselves.



Do you suppose that bankruptcy is being considered?     Since so many people did not pay their maintenance fees, I can't imagine why  Peppertree and Festiva ithink they would be able to collect a special  assessment.


----------



## allsmiles277

Mulligan101 said:


> Do you suppose that bankruptcy is being considered?     Since so many people did not pay their maintenance fees, I can't imagine why  Peppertree and Festiva ithink they would be able to collect a special  assessment.


Since The Board and Festiva continue to act like we don't exist I have no idea what they are up to. I think they have alienated many owners and the future is hard to predict with no concrete information.


----------



## Kozman

Mulligan101 said:


> Do you suppose that bankruptcy is being considered?     Since so many people did not pay their maintenance fees, I can't imagine why  Peppertree and Festiva ithink they would be able to collect a special  assessment.



Isn't there a way that owners can force them to open their books so we can see where our money has gone through legal pressure. They collected 5 months of MF's from last year and 12 (well from some) this year all the while the resort is closed! Now they want a special assessment? Did they use the money for Phase I demo? Is it all going to the lawyer? Why the need for a SA?


----------



## NeedsAnswersPABII

I honestly believe that our money has gone to pad someone's pocket. They certainly have not been maintaining our timeshares! There has got to be a way to take some legal action against these people. I cannot help but feel that there has been some sort of illegal activity going on here. It is hard to believe that this has turned into the nightmare that it has and that more people aren't angry about it!


----------



## allsmiles277

Doesn't the Board work for the owners ?


----------



## RLS50

The saga I have followed here really does seem like a horrific and obvious breach of fiduciary responsibility.   The lack of communication now experienced by owners, on top of mismanagement of routine, ongoing maintenance is a classic example of just more of the same careless and poor management.   I am not sure how you could even trust these people going forward based on the way they are handling this crisis...let alone the fact they seem to have caused it to begin with.

Is there not some way for owners to bring a class action suit against the board or Festiva?  I have to believe there are more upset owners than just the handful that contribute to this thread?

Unfortunately this thread might be good for venting, but I doubt it will force any change in behavior.


----------



## Iggyearl

*Festiva has A LOT of problems*

http://raycomgroup.worldnow.com/sto...s-suit-against-national-resort-rental-company

It might pay to look at the company from a national viewpoint.  In addition to this recent news in Loiusiana, they have the following resume' from other states:

2/16:  Festiva settled with the AG in Tennessee, paying $3 Million in settlements, forgiveness and fines.

2/16:  Festiva settled a lawsuit in Maine - allowing 800 Maine residents to modify terms of their contracts, and agreeing not to sell the Festiva Adventure Club in Maine for 3 years.

1/16:  Festiva paid $286,144 in North Carolina (home state) for consumer refunds and is barred from marketing their product in North Carolina in person for 3 years. 

2008:  Festiva had to refund $324,000 in Missouri for false and misleading statements while selling timeshares in Branson.

Currently:  Festiva is involved with a class action lawsuit at the former Celebration World Resort.  The Finn Law Group asserts that owners who upgraded their contracts with former ownership were denied the upgraded allotments by Festiva.

I am not an owner in this situation, but if I was, I would be searching for others in the same situation, and contacting the AG in North Carolina.  Best of luck to those that are.


----------



## allsmiles277

Iggyearl said:


> http://raycomgroup.worldnow.com/sto...s-suit-against-national-resort-rental-company
> 
> It might pay to look at the company from a national viewpoint.  In addition to this recent news in Loiusiana, they have the following resume' from other states:
> 
> 2/16:  Festiva settled with the AG in Tennessee, paying $3 Million in settlements, forgiveness and fines.
> 
> 2/16:  Festiva settled a lawsuit in Maine - allowing 800 Maine residents to modify terms of their contracts, and agreeing not to sell the Festiva Adventure Club in Maine for 3 years.
> 
> 1/16:  Festiva paid $286,144 in North Carolina (home state) for consumer refunds and is barred from marketing their product in North Carolina in person for 3 years.
> 
> 2008:  Festiva had to refund $324,000 in Missouri for false and misleading statements while selling timeshares in Branson.
> 
> Currently:  Festiva is involved with a class action lawsuit at the former Celebration World Resort.  The Finn Law Group asserts that owners who upgraded their contracts with former ownership were denied the upgraded allotments by Festiva.
> 
> I am not an owner in this situation, but if I was, I would be searching for others in the same situation, and contacting the AG in South Carolina.  Best of luck to those that are.


I was aware of things in other states because of this forum. I am sure they are so big that  paying money to solve their problems is a way of life aka "a drop in the bucket". Boards and Management groups will continue to lie to owners because it is how they operate. It comes from the top and they deny that they know anything. Peppertree AB has operated like that for many years and I am sure the attorneys general in the State of North Carolina knew about this and Roy Cooper who is running for governor finally did something  probably because he is running for governor. Politicians are in the same bed as Boards and Management  Groups. Money money money !!!!


----------



## NeedsAnswersPABII

Even still... Has any of the owners at Peppertree Atlantic Beach that use this forum contacted the North Carolina Attorney General? If none of us has, maybe it's high time we do! Somebody needs to take a hard look at the practices that have taken place and find out exactly where all our money went! We've got to get the ball rolling somewhere! I'm tired of being taken advantage of and at this point, feeling like my money is being stolen by this company!!


----------



## allsmiles277

NeedsAnswersPABII said:


> Even still... Has any of the owners at Peppertree Atlantic Beach that use this forum contacted the North Carolina Attorney General? If none of us has, maybe it's high time we do! Somebody needs to take a hard look at the practices that have taken place and find out exactly where all our money went! We've got to get the ball rolling somewhere! I'm tired of being taken advantage of and at this point, feeling like my money is being stolen by this company!!


If Festiva and The Board have given money to Roy Cooper's campaign fund you can forget him doing anything. Money talks and timeshare owners walk. Festiva and The Board have probably been told by their attorneys not to say anything to anybody. It is bad not to communicate to timeshare owners and very frustrating to the owners. I don't see this situation getting any better in the near future. Good luck with the current attorney general. He waited many years before helping points members who have been lied to for years and he would have to be blind not to have known many years ago.


----------



## Kozman

allsmiles277 said:


> If Festiva and The Board have given money to Roy Cooper's campaign fund you can forget him doing anything. Money talks and timeshare owners walk. Festiva and The Board have probably been told by their attorneys not to say anything to anybody. It is bad not to communicate to timeshare owners and very frustrating to the owners. I don't see this situation getting any better in the near future. Good luck with the current attorney general. He waited many years before helping points members who have been lied to for years and he would have to be blind not to have known many years ago.



What if all owners filed a suit in NC small claims court? They would have to show up for every hearing and if they didn't there would be a default judgement. Thoughts?


----------



## allsmiles277

Kozman said:


> What if all owners filed a suit in NC small claims court? They would have to show up for every hearing and if they didn't there would be a default judgement. Thoughts?


Festiva has got too much money to handle anything that gets thrown at them. The owners will never get together on this because most people own only a week or two and it isn't worth the headache to pursue this and management companies know this. The laws for timeshares should be addressed so owners can't get screwed every time a management company is negligent as well at the Board representing HOA's. The Board at Peppertree is covering their derriere and could care less about any owners. They take advantage of timeshare owners because they are spread out in the USA as well as other countries. The Board and Festiva use this to their advantage. They do what they want and don't care about us. What can we really do ?? Probably nothing.


----------



## NeedsAnswersPABII

It doesn't cost much to file a suit in small claims court. I'm sure we would be willing to pursue this! We only own one week there, but we can't continue to afford paying them money for nothing. If we sit back and do nothing, none of this will change! Anybody else have any feelings or ideas about this?


----------



## Mulligan101

*Update letter at Festiva website*

I just saw that an update letter has been posted at the Festiva owner website.  If you have not already seen it, here is the letter.

3/9/16

Dear Peppertree Atlantic Beach II HOA member, 

We would like to take this opportunity to give you an update on the construction occurring at 
Peppertree Atlantic Beach, phase 2 (PAB 2):

 Remaining engineered drawings have been completed and submitted to the Town of Atlantic Beach for review. 
 Building permits for the remaining buildings have been applied for. 
 New column installation has begun on buildings 20-23. 
 All footers and ground level columns are complete. Footers have passed inspection. 
 First and second level columns are scheduled to be complete by the end of the week. 
 As of right now, the project is still on schedule.

Respectfully, 
Your Board of Directors
Peppertree Atlantic Beach
715 West Fort Macon Road
P.O. Box 1068
Atlantic Beach, N.C. 28512
252-247-5841

I guess this is how we will receive our communications now, but this update still doesn't make me feel any better about losing my week and wondering how much we are expected to pay for the special assessment.


----------



## allsmiles277

Mulligan101 said:


> I just saw that an update letter has been posted at the Festiva owner website.  If you have not already seen it, here is the letter.
> 
> 3/9/16
> 
> Dear Peppertree Atlantic Beach II HOA member,
> 
> We would like to take this opportunity to give you an update on the construction occurring at
> Peppertree Atlantic Beach, phase 2 (PAB 2):
> 
>  Remaining engineered drawings have been completed and submitted to the Town of Atlantic Beach for review.
>  Building permits for the remaining buildings have been applied for.
>  New column installation has begun on buildings 20-23.
>  All footers and ground level columns are complete. Footers have passed inspection.
>  First and second level columns are scheduled to be complete by the end of the week.
>  As of right now, the project is still on schedule.
> 
> Respectfully,
> Your Board of Directors
> Peppertree Atlantic Beach
> 715 West Fort Macon Road
> P.O. Box 1068
> Atlantic Beach, N.C. 28512
> 252-247-5841
> 
> I guess this is how we will receive our communications now, but this update still doesn't make me feel any better about losing my week and wondering how much we are expected to pay for the special assessment.


I will NEVER believe a word out of the Board or Festiva ever in my life. They have lied too many times. They lied in the letter that came out before this posting. Pathological liars are what they are and what they continue to be.


----------



## pedro47

Has any owner driven past the resort and could share some photos of the work progress?


----------



## mrkube

Some photos from a friend
	

	
	
		
		

		
		
	


	









Sent from my iPhone using Tapatalk


----------



## Kozman

mrkube said:


> Some photos from a friend
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> Sent from my iPhone using Tapatalk



Thanks for sharing. Would really like to see photos of the new construction. Building 20-23.


----------



## allsmiles277

pedro47 said:


> Has any owner driven past the resort and could share some photos of the work progress?


Pedro47......I will be there in 2 1/2 weeks and I will try and get over there and see what is going on. I may be able to get some pictures using my cell phone and if I do get some I will post them on this site. I am not promising that I will take any pictures but I will go by there if they let me on the property.


----------



## pedro47

allsmiles277 said:


> Pedro47......I will be there in 2 1/2 weeks and I will try and get over there and see what is going on. I may be able to get some pictures using my cell phone and if I do get some I will post them on this site. I am not promising that I will take any pictures but I will go by there if they let me on the property.



Thanks. I wish all the owners much success in this fiasco.


----------



## Kozman

allsmiles277 said:


> Pedro47......I will be there in 2 1/2 weeks and I will try and get over there and see what is going on. I may be able to get some pictures using my cell phone and if I do get some I will post them on this site. I am not promising that I will take any pictures but I will go by there if they let me on the property.



Buildings 20-23 are closet to the back service road. You should easily be able to take pics over the fence. They are on the right looking at the property from the road. Would appreciate it.


----------



## allsmiles277

Kozman said:


> Buildings 20-23 are closet to the back service road. You should easily be able to take pics over the fence. They are on the right looking at the property from the road. Would appreciate it.


I know Peppertree like the back of my hand. Anybody can come in from the road where the gate is to go out to the gazebo and to beach. I will go over there in 2 1/2 weeks. Pictures can only show so much. The Inspection's Office will know more than anybody except the repair crew and they have been told to keep their mouths shut.


----------



## marsho

Back in December I spoke with Cindy Oliver who is an attorney with Morris, Russell, Eagle and Worley the firm we received the letter from dated 11/3/2015 and she said their firm was representing the owners in the bankruptcy case. I mentioned to her about a possible class action suit and she said their firm is conducting an investigation into possible misuse of funds and if their investigation showed misuse they would represent the owners in a class action suit. I have tried to reach her by phone a couple of times in the last few weeks and all I get is voice mail. her number is 919-645-4314 if anyone wants to try to call her. I just called Peppertree as my week in Building 20 is to begin April 10 and I was told it was doubtful it would be ready to use that week. Just hope they don't think they will get any more money from ME!!!!


----------



## allsmiles277

marsho said:


> Back in December I spoke with Cindy Oliver who is an attorney with Morris, Russell, Eagle and Worley the firm we received the letter from dated 11/3/2015 and she said their firm was representing the owners in the bankruptcy case. I mentioned to her about a possible class action suit and she said their firm is conducting an investigation into possible misuse of funds and if their investigation showed misuse they would represent the owners in a class action suit. I have tried to reach her by phone a couple of times in the last few weeks and all I get is voice mail. her number is 919-645-4314 if anyone wants to try to call her. I just called Peppertree as my week in Building 20 is to begin April 10 and I was told it was doubtful it would be ready to use that week. Just hope they don't think they will get any more money from ME!!!!


Thank you for the information. Owners are being treated like outsiders in all this mess. I know many owners have not gotten use of their timshares since last August 17th of 2015. The time it has taken The Board and Festiva to get things moving is depressing. I consider The Board and Festiva as outsiders. They are not trying to help the owners they are trying to help themselves. I hope Buildings 20-23 will be back in use soon so some owners get use of their weeks this year. As for Buildings 15-19 , 24, 25 I just hope they get use before the Fall gets here.


----------



## pedro47

allsmiles277 said:


> Thank you for the information. Owners are being treated like outsiders in all this mess. I know many owners have not gotten use of their timshares since last August 17th of 2015. The time it has taken The Board and Festiva to get things moving is depressing. I consider The Board and Festiva as outsiders. They are not trying to help the owners they are trying to help themselves. I hope Buildings 20-23 will be back in use soon so some owners get use of their weeks this year. As for Buildings 15-19 , 24, 25 I just hope they get use before the Fall gets here.



Are there any other developer's or management companies other than Festiva that owner timeshare villas / buildings or weeks at Atlantic Beach Peppertree ?? What are the building numbers that they own or manage?


----------



## allsmiles277

pedro47 said:


> Are there any other developer's or management companies other than Festiva that owner timeshare villas / buildings or weeks at Atlantic Beach Peppertree ?? What are the building numbers that they own or manage?


To the best of my knowledge The Boards for Section II and Section III are the 2 Boards left out of 3 Boards. Section I was demolished so I guess The Board for Section I dissolved. Festiva is the only management company I am aware of that manages the last 2 Sections and did also manage Section I when it existed. Festiva has been trying for years to get deeded week owners to go to their point system. They have lied, cheated and stolen from some people. They are the ones who told the employees to lie, cheat and steal from people. They KNEW what was going on the whole time. Roy Cooper waited years before doing something about it. He also KNEW what was going on years ago. I guess Election Years when you are running for Governor of North Carolina made him finally do the right thing. There are people out there that are perfectly happy with their points memberships and I hope they continue to be happy. Festiva's intent was to take over all the deeded week owner's by scare tactics and out and out lying to owners. I am sure the man upstairs has a special place for them in hell !!!


----------



## allsmiles277

Building numbers are 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25....Section II then 26, 27, 28, 29, 30, 31, 32, 33 ....Section III       http://deannahullrealty.com/map_peppertree.pdf


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## allsmiles277

I think that Buildings 32 and 33 are associated with Interval Ownership for trades and spacebanking and the rest are associated with RCI but don't hold me to that.


----------



## Kozman

marsho said:


> Back in December I spoke with Cindy Oliver who is an attorney with Morris, Russell, Eagle and Worley the firm we received the letter from dated 11/3/2015 and she said their firm was representing the owners in the bankruptcy case. I mentioned to her about a possible class action suit and she said their firm is conducting an investigation into possible misuse of funds and if their investigation showed misuse they would represent the owners in a class action suit. I have tried to reach her by phone a couple of times in the last few weeks and all I get is voice mail. her number is 919-645-4314 if anyone wants to try to call her. I just called Peppertree as my week in Building 20 is to begin April 10 and I was told it was doubtful it would be ready to use that week. Just hope they don't think they will get any more money from ME!!!!



I will be calling Cindy! I had a law firm send Festiva and the board a letter demanding information last Nov. with no reply. That firm didn't want to do anything more w/o $$$$.


----------



## NeedsAnswersPABII

My husband called and left messages for Cindy about a month ago and got no return calls. At least maybe if enough people call, she will understand the seriousness of the situation and step her investigation up a little. I can't imagine that it will be too hard to prove that the money didn't go where it was supposed to.


----------



## Kozman

NeedsAnswersPABII said:


> My husband called and left messages for Cindy about a month ago and got no return calls. At least maybe if enough people call, she will understand the seriousness of the situation and step her investigation up a little. I can't imagine that it will be too hard to prove that the money didn't go where it was supposed to.



I bet the money is going toward the HOA lawyer. How else can they pay for one?


----------



## Shelleykc

*Peppertree Atlantic Beach, NC*

[Moderator Notation: This original posting by the Guest OP: Shellykc and any responses since this Guest OP's posting have been merged into the Thread entitled: Peppertree Atlantic Beach I bankruptcy which originally started on June 22, 2015]

I just finished reading all the threads posted about the law suits, bankruptcy, demolition and repairs going on at Peppertree Atlantic Beach.  Thanks for all your insightful posts.  My husband, our son and I owned 4 units in Phase I and are wondering if any of you have had the following happen to them.  I apologize in advance for the length of this post. 

We elected to deed back one of the Phase I units last year and exchanged the remaining three to Phase II.  I am wondering if any of you have experienced what is now happening to us.  We, like many others, did exactly as requested by Festiva by sending in the required paper work along with deeding fees in March 2016 (our checks were not cashed until June following the filing of the bankruptcy papers).  We were told by Festiva Member Services after receiving the bills for 2015 MF plus late charges to ignore them as they were computer generated and that we would receive a new bill when we received a new deed.

As time approached to use the first week (21) last year, we contacted Member Services and were told that we could pay the MF over the phone and use the unit.  Now, considering we did not have a deed to the unit, we considered that a user/rental fee.  How or why would we pay MF on a unit we did not own?  My son did the same thing to use week 22 in 2015, again, knowing he owned nothing.  

We were called in Aug 2015 by the manager of Peppertree cancelling our upcoming stay for week 35--we had not paid any fees as we still had not received a deed.  I stated at that time that I was glad we had not paid for the use.  She stated we would have to pay the MF because they still had to run the resort.  Well, of course we did not pay since we did not own it and we were not going to be allowed to use it.  

Fast forward to Nov, we all received bills for MF (week 35 showing MF without any late or additional fees).  We still did not have a deed and did not own anything that came from Phase I.  We FINALLY received a single deed for two properties on March 5th, 2016 (recorded in Carteret County on Feb 9th, 2016).  

I contacted Member Services on March 7th and reminded them that we had paid for two recording fees and expected two deeds.  The young man said he could not help me and would send the information to the "right" office.  On March 11th I received an email stating that "as a cost-savings measure to the Homeowners' Association" the decision was made to register the two new weeks under one deed.  They also were "kind" enough to tell me how I could have them registered as two separate properties (at my expense).  I immediately sent a reply that reminded them that I had paid for the deeding of two properties and expected two deeds and that the Homeowners Association did not have the right to take cost-saving measures with my money.  To date, I have had no response to that email.  I also have not received a request for MF payment that I was told to expect with my new deed.  

Yesterday, I got a call from a collection agency demanding payment of over $900 in MF and late, interest and collection fees. (I have not received a bill from Festiva for payment since the new deed was issued, contrary to what I was previously told).  Needless to say, I was/am quite upset at this unprofessional tactic.  I immediately got out my paperwork and called Member Services again.  This time the agent tried to give me the number to the collection agency because he couldn't help me.  I told him of the two issues (single deed and the collection agency) and that I would not deal with an agency or pay late fees, etc on property I did not own at the time of the only billing of MF last November.

The agent did confirm that my record showed only the November statement as being sent, quickly stating that maybe it was noted elsewhere.  I stated that I want my account pulled back from collections and dealt with by Festiva.  He in turn said he would get this request to the "right" office.  I also requested a return phone call to discuss and resolve this since I have found that email is not an effective form of communication with them.  And as you can guess, I am still waiting---however, the collection agency called my residence again last night.  Our son is having the same experience and received a phone call from the collection agency this morning. 


Is anyone else experiencing this lack of cooperation from Festiva concerning your trades from Phase I to Phase II?  Is my logic skewed in thinking that I do not owe any MFs on property I did not own?  Please share your thoughts with me.  Is there recourse for us?  If a class action suit is imminent, our family is ready to sign on.  Is small claims court an option?


----------



## Ty1on

If I may gently suggest that you click the edit button and break your post into a few paragraphs, it will be more readable....


----------



## T-Dot-Traveller

*Hi -Shellykc - just read your post*

Dear Shellykc,
I just read your post ( non owner / but have followed the Peppertree AB thread )
Your post is well written and has good details
I would suggest a social media campaign aimed at Festiva - who I am sure still wishes to find new owners at other properties they own and sell them for big $.

I know nothing about how to do this - perhaps other TUG members have more knowledge or your son or a local 16 year old who tweets all day long can help .

Social Media can help force corporate response to poor customer service .

I have also read that posting on Trip Advisor ( see were  Festiva owns and manages ) might be useful .

Anger etc probably won' t get results - but a well thought out plan might work 
to help all PAB owners - especially as prime use season is starting for 2016 

.


----------



## Shelleykc

Ty1on said:


> If I may gently suggest that you click the edit button and break your post into a few paragraphs, it will be more readable....



Thank you for your suggestion.


----------



## Shelleykc

T-Dot-Traveller said:


> Dear Shellykc,
> I just read your post ( non owner / but have followed the Peppertree AB thread )
> Your post is well written and has good details
> I would suggest a social media campaign aimed at Festiva - who I am sure still wishes to find new owners at other properties they own and sell them for big $.
> 
> I know nothing about how to do this - perhaps other TUG members have more knowledge or your son or a local 16 year old who tweets all day long can help .
> 
> Social Media can help force corporate response to poor customer service .
> 
> I have also read that posting on Trip Advisor ( see were  Festiva owns and manages ) might be useful .
> 
> Anger etc probably won' t get results - but a well thought out plan might work
> to help all PAB owne
> rs - especially as prime use season is starting for 2016 .
> 
> PS - as Ty1on suggested - break up the paragraphs for easier reading by TUG members



Thank you for your suggestions.  I too, have no idea how to begin a social media campaign.  Additionally,  I have followed the suggestion to break up post.


----------



## Ty1on

Shelleykc said:


> Thank you for your suggestions.  I too, have no idea how to begin a social media campaign.  Additionally,  I have followed the suggestion to break up post.



I'm having a hard time deciding whether Festiva is incompetent or evil.  I've a feeling it's a little of both.

If it were me, I wouldn't pay them another dime.  Take the credit hit and tell them to pound sand.


----------



## Kozman

I was under the impression that Phase I owners were represented by a lawyer as mentioned in the other thread.

There are probably quite a few Phase II owners who would be more than happy to 'give' you their units that they have been forced to pay maintenance fees on and will not be allowed to use this year.

Just Google some of the information on Festiva from the other thread and you'll see their MO in other states.

I'd also file a complaint with the NC attorney general. Good luck.

I would be more than willing to participate in a class action.


----------



## pedro47

Kozman said:


> I was under the impression that Phase I owners were represented by a lawyer as mentioned in the other thread.
> 
> There are probably quite a few Phase II owners who would be more than happy to 'give' you their units that they have been forced to pay maintenance fees on and will not be allowed to use this year.
> 
> Just Google some of the information on Festiva from the other thread and you'll see their MO in other states.
> 
> I'd also file a complaint with the NC attorney general. Good luck.
> 
> I would be more than willing to participate in a class action.



I think you need at least 100 owners to file a complaint with the NC Attorney General Office for action to take place. Good Luck.


----------



## Kozman

pedro47 said:


> I think you need at least 100 owners to file a complaint with the NC Attorney General Office for action to take place. Good Luck.



If we only had a mailing list or someone to look up all the deeds in public record.


----------



## Mulligan101

*Carteret County Register of Deeds*



Kozman said:


> If we only had a mailing list or someone to look up all the deeds in public record.



You can look up deeds and transfers at http://deeds.carteretcounty.com.  

I typed in Peppertree as the Grantor and came up with 200 pages of deeds and transfers, many of which show the building numbers.  The downside is that there are old deeds such as mine that do not have an image, so that no addresses are available.   

I  have been following this situation on other social media such as Facebook,  various consumer complaint boards, and although I have not been able to find an active class action suit concerning the current situation at PAB; it seems like a number of owners are interested in a class action suit.   If you Google  " Festiva resort complaints "   you get dozens of hits.  Lots of unhappy consumers!

I would be interested in a class action suit or filing a complaint with the AG.


----------



## Kozman

Mulligan101 said:


> You can look up deeds and transfers at http://deeds.carteretcounty.com.
> 
> I typed in Peppertree as the Grantor and came up with 200 pages of deeds and transfers, many of which show the building numbers.  The downside is that there are old deeds such as mine that do not have an image, so that no addresses are available.
> 
> I  have been following this situation on other social media such as Facebook,  various consumer complaint boards, and although I have not been able to find an active class action suit concerning the current situation at PAB; it seems like a number of owners are interested in a class action suit.   If you Google  " Festiva resort complaints "   you get dozens of hits.  Lots of unhappy consumers!
> 
> I would be interested in a class action suit or filing a complaint with the AG.



We need to keep informed on the situation. Supposedly there was a lawyer representing the Phase I owners. Too bad they don't see the economy of scale by adding Phase II owners into the mix. Even if we had to share on some costs it would be pleasurable to see these people squirm. Unfortunately our own money is being used against us by the HOA and Festiva. They don't have their own money! Pffft!


----------



## Shelleykc

Mulligan101 said:


> You can look up deeds and transfers at http://deeds.carteretcounty.com.
> 
> I typed in Peppertree as the Grantor and came up with 200 pages of deeds and transfers, many of which show the building numbers.  The downside is that there are old deeds such as mine that do not have an image, so that no addresses are available.
> 
> I  have been following this situation on other social media such as Facebook,  various consumer complaint boards, and although I have not been able to find an active class action suit concerning the current situation at PAB; it seems like a number of owners are interested in a class action suit.   If you Google  " Festiva resort complaints "   you get dozens of hits.  Lots of unhappy consumers!
> 
> I would be interested in a class action suit or filing a complaint with the AG.



Thanks for the link.  I typed in Festiva as the Grantor and found around 800 or so deeds that had been registered for Phase II and Phase III units with recording dates beginning 1/29/2016 through 4/7/2016 (although I did not see anything after 3/4/16).  These deeds do identify the owners and their mailing addresses.


----------



## allsmiles277

Shelleykc said:


> I just finished reading all the threads posted about the law suits, bankruptcy, demolition and repairs going on at Peppertree Atlantic Beach.  Thanks for all your insightful posts.  My husband, our son and I owned 4 units in Phase I and are wondering if any of you have had the following happen to them.  I apologize in advance for the length of this post.
> 
> We elected to deed back one of the Phase I units last year and exchanged the remaining three to Phase II.  I am wondering if any of you have experienced what is now happening to us.  We, like many others, did exactly as requested by Festiva by sending in the required paper work along with deeding fees in March 2016 (our checks were not cashed until June following the filing of the bankruptcy papers).  We were told by Festiva Member Services after receiving the bills for 2015 MF plus late charges to ignore them as they were computer generated and that we would receive a new bill when we received a new deed.
> 
> As time approached to use the first week (21) last year, we contacted Member Services and were told that we could pay the MF over the phone and use the unit.  Now, considering we did not have a deed to the unit, we considered that a user/rental fee.  How or why would we pay MF on a unit we did not own?  My son did the same thing to use week 22 in 2015, again, knowing he owned nothing.
> 
> We were called in Aug 2015 by the manager of Peppertree cancelling our upcoming stay for week 35--we had not paid any fees as we still had not received a deed.  I stated at that time that I was glad we had not paid for the use.  She stated we would have to pay the MF because they still had to run the resort.  Well, of course we did not pay since we did not own it and we were not going to be allowed to use it.
> 
> Fast forward to Nov, we all received bills for MF (week 35 showing MF without any late or additional fees).  We still did not have a deed and did not own anything that came from Phase I.  We FINALLY received a single deed for two properties on March 5th, 2016 (recorded in Carteret County on Feb 9th, 2016).
> 
> I contacted Member Services on March 7th and reminded them that we had paid for two recording fees and expected two deeds.  The young man said he could not help me and would send the information to the "right" office.  On March 11th I received an email stating that "as a cost-savings measure to the Homeowners' Association" the decision was made to register the two new weeks under one deed.  They also were "kind" enough to tell me how I could have them registered as two separate properties (at my expense).  I immediately sent a reply that reminded them that I had paid for the deeding of two properties and expected two deeds and that the Homeowners Association did not have the right to take cost-saving measures with my money.  To date, I have had no response to that email.  I also have not received a request for MF payment that I was told to expect with my new deed.
> 
> Yesterday, I got a call from a collection agency demanding payment of over $900 in MF and late, interest and collection fees. (I have not received a bill from Festiva for payment since the new deed was issued, contrary to what I was previously told).  Needless to say, I was/am quite upset at this unprofessional tactic.  I immediately got out my paperwork and called Member Services again.  This time the agent tried to give me the number to the collection agency because he couldn't help me.  I told him of the two issues (single deed and the collection agency) and that I would not deal with an agency or pay late fees, etc on property I did not own at the time of the only billing of MF last November.
> 
> The agent did confirm that my record showed only the November statement as being sent, quickly stating that maybe it was noted elsewhere.  I stated that I want my account pulled back from collections and dealt with by Festiva.  He in turn said he would get this request to the "right" office.  I also requested a return phone call to discuss and resolve this since I have found that email is not an effective form of communication with them.  And as you can guess, I am still waiting---however, the collection agency called my residence again last night.  Our son is having the same experience and received a phone call from the collection agency this morning.
> 
> 
> Is anyone else experiencing this lack of cooperation from Festiva concerning your trades from Phase I to Phase II?  Is my logic skewed in thinking that I do not owe any MFs on property I did not own?  Please share your thoughts with me.  Is there recourse for us?  If a class action suit is imminent, our family is ready to sign on.  Is small claims court an option?


Get to the Big Dogs.....don't waste your time with the puppies !!!!


----------



## NC Air

mrkube said:


> Some photos from a friend
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> Sent from my iPhone using Tapatalk


I think this photo is taken from behind building 17 more or less, looking down the walkway towards where the mushroom buildings used to stand.

is it my imagination, or are the blue umbrellas in the photo "poolside umbrellas"?  They are positioned right where the pool ought to be.  If so, does this photo show they tore down the buildings and left the pool from Phase 1?  Leaving a pool in the middle of an otherwise deserted piece of land?  That's not really how they'd sell this property to "someone", is it?

To me that indicates Festiva is planning to buy the land out of bankruptcy and build bigger and more units than before, after having basically evicted all the owners and created land to sell this all over again.  Or if not Festiva, then some fake holding company allowing these losers to get around the legal restriction they have for 3 years...

Can someone who is driving on site confirm if the pool is still there?

Also, wouldn't maintenance of Phase 1 pool fall on Phase 1 HOA, which is now nonexistent?

This whole thing stinks


----------



## allsmiles277

Yes they are poolside umbrellas. They always planned on keeping the pool. Festiva and the Boards are slimy, creepy liars, cheaters and snakes !!!!


----------



## jimbob79

allsmiles277 said:


> There are approximately 80 units in Buildings 15-25. I divided 1,000,000 dollars by 3 years and got 333,333.333. I divided that by 80 units and got 4166.66 and then divided that by 52 weeks and got 80.13. Can any math people confirm this ?


I went through the same math but one very significant factor is the number of deadbeat owners which will likely be increasing as more people bail. A 25% non-payment means that those paying would have to pay 33% higher.  The figures could end up much higher as more owners default. Under $300 total cost per week would be a surprise.    We already paid for our elevators twice in Buildings 20-23!    :-(


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## allsmiles277

Even with a 33% increase it should only be a little over 100 dollars assuming my figures are close to being correct. I don't blame people for not paying their maintenance fees since they are getting nothing for their money. The problem is the Boards and Festiva.


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## allsmiles277

I think the term "deadbeats" is an insult to owners that have paid their maintenance fees for years and been very loyal to Peppertree AB but see Festiva and the Boards  for what they truly are.......negligent, liars, poor managers, financially untrustworthy, non communicators, and just generally unreliable. The result is you cannot trust some Boards and management companies because they only care about the money and don't care about owners. I am not saying that there are Boards at different complexes that properly do their job and management companies that do care about owners. Peppertree AB had been a favorite of mine for years but it is doomed to failure under the management of Festiva and Boards that are spineless.


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## allsmiles277

https://portal.festiva.travel/files/PAB2/March9letter.pdf               what a joke !!! One more example of poor communication after August 17, 2015


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## NC Air

since a lot of folks likely didn't pay their maintenance fees, I hope that when they eventually open up for the Summer, whenever that is, that they'll prioritize  getting a week for those who have missed their week AHEAD of someone who hasn't missed their week but didn't pay their maintenance fees.

regarding the math calculations for guessing the amount we'll be assessed, I tried doing similar math not knowing how many units are weeks owners vs. points owners, and not knowing how many people would skip out on an assessment.

I was guessing the amount we'll each have to pay at around $250 to $300 a year for 3 years.  Have no idea what kind of interest rate they were able to line up on $1 million for 3 years

Anything in that realm of a few hundred dollars is ok with me if it fixes this construction issue.


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## pedro47

Can you exchange or use your week for a vacation now at this resort? This summer I predict is going to be a Hugh Mess.


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## NC Air

pedro47 said:


> Can you exchange or use your week for a vacation now at this resort? This summer I predict is going to be a Hugh Mess.



when I log into festiva I see reservation ndates for our week this summer. We were fortunate in that they closed the resort after we used last summer's week.  We are blocked from trading this week for any other resort.

I did find a bunch of more info on the Town of Atlantic Beach web site for buildings and construction permits.  Although Festiva absolutely SUCKS at keeping the owners informed, they've had to give monthly reports to the Town for the whole mess they allowed to happen.  There are monthly reports up thru late January that are very informative, more than anything I've received from Festiva.

Here is the link to the page
http://atlanticbeach-nc.com/highlights/​scroll down to Peppertree condemnation.

Here's the newest letter if you want to go straight there to the info:
http://atlanticbeach-nc.com/wp-content/uploads/2015/11/2016_01-25-letter-from-Peppertree-to-Council.pdf

It gave dates of when things were demolished and dates for when things were planned to reopen.

One thing I noticed is they plan to open each building as the decking and stairs are finished, *as early as APRIL 2016* and everything to be open by Memorial Day weekend.


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## pedro47

NC Air said:


> when I log into festiva I see reservation ndates for our week this summer. We were fortunate in that they closed the resort after we used last summer's week.  We are blocked from trading this week for any other resort.
> 
> I did find a bunch of more info on the Town of Atlantic Beach web site for buildings and construction permits.  Although Festiva absolutely SUCKS at keeping the owners informed, they've had to give monthly reports to the Town for the whole mess they allowed to happen.  There are monthly reports up thru late January that are very informative, more than anything I've received from Festiva.
> 
> Here is the link to the page
> http://atlanticbeach-nc.com/highlights/​scroll down to Peppertree condemnation.
> 
> Here's the newest letter if you want to go straight there to the info:
> http://atlanticbeach-nc.com/wp-content/uploads/2015/11/2016_01-25-letter-from-Peppertree-to-Council.pdf
> 
> It gave dates of when things were demolished and dates for when things were planned to reopen.
> 
> One thing I noticed is they plan to open each building as the decking and stairs are finished, *as early as APRIL 2016* and everything to be open by Memorial Day weekend.



Has anyone contacted The Town City Manager for an update for the Months of February 2016 and March 2016?


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## allsmiles277

Festiva can't give out weeks that don't exist to everybody that did not get to use their weeks. They should be reimbursed their maintenance fees. The numbers of units that would give people that did not get to use their weeks a week this summer or Fall just don't exist. The Boards and Festiva are trying to do a magic act but they are not magicians.....they are crooks !!!


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## NeedsAnswersPABII

My husband is traveling down this weekend to the resort to take pictures and find out face to face what work has really taken place. We still do not believe that construction has even begun on some of the buildings. We will report to you guys after he sees what is really going on.


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## NC Air

NeedsAnswersPABII said:


> My husband is traveling down this weekend to the resort to take pictures and find out face to face what work has really taken place. We still do not believe that construction has even begun on some of the buildings. We will report to you guys after he sees what is really going on.



Photos would be great.  Festiva should understand that keeping us up to date on progress with photos etc. they could do themselves would keep the tempers down among their customers.  Even just putting them on their facebook page or whatever.

You say you don't think construction has even begun on some of the buildings...I'd be SHOCKED if there was construction underway on all buildings.  Pretty clear from the latest Festiva update they have SUBMITTED PLANS FOR APPROVAL for all buildings.  My question would be if any are nearing completion.  It's not a surprise to me at ALL that they wouldn't have started every building yet, because who knows how long the plans will take.  Beach will be extra thorough to avoid having to condemn shoddy workmanship again down the road.  

I'm 100% certain the Atlantic Beach government wants this over ASAP too, not just us owners and Festiva

Think about this: This is simply a deck and stairway project.  This isn't rocket science.  They say they can reuse some of the stairways or railings or whatever.  This won't take that long once they get all the plans approved.  For them to have a Memorial Day date floating around that THEY are the ones who gave, means it's likely to be over soon.  Just what the heck took so long to start?


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## bogey21

This whole escapade boggles my mind.  I ran into a similar situation with a Week I owned (in my Son's name), Orofino at Straight Creek in Dillon, CO.

There the HOA laid out the facts and offered Owners two choices, (1) pay the increased MF and Special Assessment and keep your week (they told you exactly what the cost of both would be) or (2) pay $1,000 and Surrender your Week back to the HOA before the end of the year.  Both cost money but at least Owners knew where they stood and were given an option.

George

PS  I think the difference is that in the case of Orofino Owneres were dealing with an Independent HOA with a Board made up of Owners.  In the case of Peppertree Atlantic Beach you are dealing with a corporate entity, Festiva.  I also owned at two resorts that suffered massive hurricane damage, Peregrine (in Texas) and Chateau LeGrande (in Mississippi).  Both had Independent HOAs who were able to rebuild without (to the best of my recollection) large Special Assessments.  My recollection is that we lost usage for about a year while the Resorts were being rebuilt.


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## Kozman

NC Air said:


> since a lot of folks likely didn't pay their maintenance fees, I hope that when they eventually open up for the Summer, whenever that is, that they'll prioritize  getting a week for those who have missed their week AHEAD of someone who hasn't missed their week but didn't pay their maintenance fees.
> 
> regarding the math calculations for guessing the amount we'll be assessed, I tried doing similar math not knowing how many units are weeks owners vs. points owners, and not knowing how many people would skip out on an assessment.
> 
> I was guessing the amount we'll each have to pay at around $250 to $300 a year for 3 years.  Have no idea what kind of interest rate they were able to line up on $1 million for 3 years
> 
> Anything in that realm of a few hundred dollars is ok with me if it fixes this construction issue.



What has been done with the almost 8 months of maintenance fees collected last year and this year at about $600-$700 per unit? Since the resort was closed most of the expenses of running a resort should not have been spent. It would seem that would be more than enough to pay for the said repairs!


----------



## NC Air

Kozman said:


> What has been done with the almost 8 months of maintenance fees collected last year and this year at about $600-$700 per unit? Since the resort was closed most of the expenses of running a resort should not have been spent. It would seem that would be more than enough to pay for the said repairs!



7 or 8 months of expenses would be just over half the maintenance fees

Top 6 maintenance fee line items:

1) Biggest line item on the budget for each maintenance fee is "repair and maintenance" at 23%.  Since maintenance is what the problem is here, I doubt they need "less" than this 23% recently.  If nothing else, they probably need MORE.  

2) Next biggest line item:  BAD DEBT at 16%.  I think this one is hysterical.  What other industries besides time shares have so many people walk away.  What an embarrassment.  My suspicion is with so many people saying "screw you I'm not paying my MF" that their "bad debt" amount is significantly worse this year.

3) Next biggest: Housekeeping. Yep, should be less, just under 15%
4th largest... utilities: also should be lower, but only 12%. 
5th largest... Management fees:  8%
6th largest...Resort Management 6.7%  (i suspect 5 and 6 are fixed per contract, not "less" if there are fewer guests).

Those top 6 budget items account for about 65%
There just aren't that many places to realize savings with all the other items that are left.  Add in that you have a bunch of legal fees with lawyers and having to hire design consultants to design a $1,000,000 construction cost project to repair decks and stairways, get it permitted, etc.  My estimate of design is about 10% of the construction price, so about $100,000.

All that to say I really don't think there's much "savings" from unused maintenance fees this year.

(anyone who wants to check my numbers, I just used the 2016 annual budget that was in the mailing for our 2016 maintenance fees.  I used a 2 BR calculation.


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## Shelleykc

*You may find this of interest regarding Festiva & Peppertree Atlantic Beach, NC*

[Moderator Note:  Beginning with this posting which started as a new separate thread and any replies to Shelleykc posting which began on April 19, 2016 have been merged into the original thread entitled: Peppertree Atlantic Beach I bankruptcy which became the dominant and earlier thread on the same subject]

I decided to do some sleuthing around online at the Carteret County Register of Deeds website and here are some interesting facts that I found: 

Over 800 deeds were recorded in Carteret County beginning 29 Jan 16 through 4 Mar 16 with Festiva Development as the Grantor to various individuals (including us and our son).  This confirms that many, many people did not own the units that Festiva billed them for back in Nov 2015 (our statement date was 24 Nov 15). 

Additionally, once Peppertree was forced to close all buildings in Phase II due to the deck and rail issues on 17 Aug 15,   Peppertree management was forced to cancel all vacation usage until further notice.  Coincidentally, the remainder of the exchanged week conveyance deeds were recorded 25 Aug 15.  This  means that many owners that had a usage week from 25 Aug through the end of the year (and until deeds began recording on 29 Jan 2016) DID NOT OWN units in either Phase I or Phase II.  

Based on the aforementioned information, an owner that did not pay the 2015 maintenance fee waiting for their new deed and bill (as was instructed by Patton Hospitality in 2015) did not legally own the unit.  Legal ownership of property begins with the registering of the deed per NC law and confirmed with a call to the Carteret County Register of Deeds office.  Peppertree and or Festiva Development owned every unit exchanged in Phase I and every unit in Phase II for which no exchange deed had been issued.

We will not pay a maintenance fee on a unit we neither owned nor used at the end of August 2015.  We are not deadbeats and have in fact paid our maintenance fee for a different Phase II unit that was not caught up in this horrible mess of Phase I to Phase II transfer.

We have sought and retained legal representation.  I will share what we learned in another post later this week as this one is already lengthy.


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## Mulligan101

Shelleykc said:


> I decided to do some sleuthing around online at the Carteret County Register of Deeds website and here are some interesting facts that I found:
> 
> Over 800 deeds were recorded in Carteret County beginning 29 Jan 16 through 4 Mar 16 with Festiva Development as the Grantor to various individuals (including us and our son).  This confirms that many, many people did not own the units that Festiva billed them for back in Nov 2015 (our statement date was 24 Nov 15).
> 
> Additionally, once Peppertree was forced to close all buildings in Phase II due to the deck and rail issues on 17 Aug 15,   Peppertree management was forced to cancel all vacation usage until further notice.  Coincidentally, the remainder of the exchanged week conveyance deeds were recorded 25 Aug 15.  This  means that many owners that had a usage week from 25 Aug through the end of the year (and until deeds began recording on 29 Jan 2016) DID NOT OWN units in either Phase I or Phase II.
> 
> Based on the aforementioned information, an owner that did not pay the 2015 maintenance fee waiting for their new deed and bill (as was instructed by Patton Hospitality in 2015) did not legally own the unit.  Legal ownership of property begins with the registering of the deed per NC law and confirmed with a call to the Carteret County Register of Deeds office.  Peppertree and or Festiva Development owned every unit exchanged in Phase I and every unit in Phase II for which no exchange deed had been issued.
> 
> We will not pay a maintenance fee on a unit we neither owned nor used at the end of August 2015.  We are not deadbeats and have in fact paid our maintenance fee for a different Phase II unit that was not caught up in this horrible mess of Phase I to Phase II transfer.
> 
> We have sought and retained legal representation.  I will share what we learned in another post later this week as this one is already lengthy.



Thank you for the update and please keep us posted.


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## NeedsAnswersPABII

*PepperTree Visit*

I wanted to post a update on my visit to the property.

All building permits have been issued.
Work on units 20-23 is nearing completion.
Units 15-19 will soon begin.  Building materials have been delivered and will soon start.
Units 24-25 will be last.
I spent the weekend there and work is progressing quickly.
I will be sharing photos soon.
The area where the units were removed and the pool remains, is nothing more that a slim pond.  In speaking with a ground crew member, they have no plans for that area.
I have lots of pics and will share. I am having a bit of a issue getting them posted on this site.  
I will share more details of what I have learned but did want to at least provide this quick update.
Thanks


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## NeedsAnswersPABII

Link to shared photos:
https://onedrive.live.com/redir?resid=35EAE4456DBFA769!55454&authkey=!AHOMSE0UoC2aVhA&ithint=folder,


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## NC Air

NeedsAnswersPABII said:


> Link to shared photos:
> https://onedrive.live.com/redir?resid=35EAE4456DBFA769!55454&authkey=!AHOMSE0UoC2aVhA&ithint=folder,



WOW WOW WOW
thank you SO much for posting all those pictures and videos of the progress at Peppertree

VERY encouraged by what I see.  I think I'll actually get to use my Summer week at this rate.


Couple observations: I guess they have decided to keep the pool paid by bankrupt HOA for PHASE ONE separate from Phase TWO and THREE (judging from the complete lack of maintenance on the lonely pool).  Weird, but I guess they have to do that.  But who wants to sit in a lounge chair next to some nasty untreated water.  "I'd like a special order of Zika virus, please."

They're going to need to spend ANOTHER million dollars on PAINT for all that new wood. LOL.  Seriously, though.  When you look at the new construction and repairs compared to the old wood, it definitely makes the old construction look that much more sketchy.

The stair well supports look like prison bars.  WOW that's a lot of support.  Guess that's permanent?  That's the only thing I didn't like.

Everything is looking good.  Very pleased with everything except the communication from official representatives.  Thanks again for the report.


----------



## Mulligan101

NeedsAnswersPABII said:


> Link to shared photos:
> https://onedrive.live.com/redir?resid=35EAE4456DBFA769!55454&authkey=!AHOMSE0UoC2aVhA&ithint=folder,



Thank you for the update and pictures.


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## Egret1986

*Thank you for the information and pictures*



NeedsAnswersPABII said:


> I wanted to post a update on my visit to the property.
> 
> All building permits have been issued.
> Work on units 20-23 is nearing completion.
> Units 15-19 will soon begin.  Building materials have been delivered and will soon start.
> Units 24-25 will be last.
> I spent the weekend there and work is progressing quickly.
> I will be sharing photos soon.
> The area where the units were removed and the pool remains, is nothing more that a slim pond.  In speaking with a ground crew member, they have no plans for that area.
> I have lots of pics and will share. I am having a bit of a issue getting them posted on this site.
> I will share more details of what I have learned but did want to at least provide this quick update.
> Thanks





NeedsAnswersPABII said:


> Link to shared photos:
> https://onedrive.live.com/redir?resid=35EAE4456DBFA769!55454&authkey=!AHOMSE0UoC2aVhA&ithint=folder,



It is very much appreciated getting your perspective of the progress being made on the Phase II buildings.


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## Shelleykc

*Update*



Mulligan101 said:


> Thank you for the update and please keep us posted.



As promised in a previous post, this is the continued update:

I was able to speak with Ms Cindy Oliver of Hendren & Malone PLLC, Attorneys at law (bankruptcy firm) in Raleigh, NC and found her to be interested in the timing of the recording of the two sets of deeds.  She was also very helpful concerning some of my other Peppertree issues.   She asked me to contact Ms. Harriett Worley at the NC Consumer Protection Division (under the NC Attorney General's Office) as Ms. Worley is already working the Festiva/Peppertree irregularities.  I left a message as she is out of the office until 25 Apr 16.  You may file a complaint online with their office.

We sought legal counsel through our local JAG (military law office), and he confirmed that we had evidence of deceptive business practices and that Festiva  was in fact in violation of the Fair Dept Collections Act based as receiving  collection calls from Zealandia Capitol representing Festiva (note: Zealandia Holding Company owns it all, Festiva, Patton Hospitality, Festiva Adventure Clue, Zealandia Capitol and who knows what else) since we had never received a bill asking us to pay a maintenance fee since ownership was conveyed.

We have retained local legal counsel to represent our two exchanged properties and that of one belonging to our son (three total).  Please know that I am not soliciting, but only sharing the following information:

Mr Russell Alexander of the firm of Harvell and Collins in Morehead City, NC has approximately 30 Peppertree Clients with various issues that are currently being dealt with, some identical to ours, some very different.   We inquired as to the possibility of a class action suite, while he could not confirm there would be one he also said it was not out of the question either.  Here is his contact information: phone: 252-726-9050, email: ralexander@harvellandcollins.com.  I have read where many of you have asked about the possiblity of a class action suit,  so I would say that even if you do not wish to retain his professional services at this time, you may want to let him know that you would be interested in joining a class action against Festiva should a suit be filed later.  I think 30 currently dissatisfied clients is a good start, since it only takes one to start a class action suit.

Another interesting finding through our attorney  is that there should have been an option 4 given to Peppertree Phase I owners, and that was to do nothing and receive a share of any profit that was made after the payment of all debt from the sale of the Phase I property.  And as all of the Phase I owners are aware, there was no such option made available to us.


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## NC Air

Shelleykc said:


> Another interesting finding through our attorney  is that there should have been an option 4 given to Peppertree Phase I owners, and that was to do nothing and receive a share of any profit that was made after the payment of all debt from the sale of the Phase I property.



Hmmm... I can't imagine that Festiva/Patton/Peppertree would EVER think of a way to buy back Phase 1 property at pennies on the dollar, and rebuild something bigger and more profitable for themselves. 

They are so slimy.  I can just see them setting up some new shell company that isn't prohibited from selling and marketing to consumers in NC, to get around the recent legal judgement from NC State Attorney General Roy Cooper's office.  They'll likely try and build some new high rise condo with three or four times as many owners.

Thanks for your update.  I'm a phase 2 owner and it looks to be on track to get us back in for the summer, but definitely interested in piling on for any class action that comes up if it means sticking it to Festiva.


----------



## Mulligan101

*Thanks for the update*



Shelleykc said:


> As promised in a previous post, this is the continued update:
> 
> I was able to speak with Ms Cindy Oliver of Hendren & Malone PLLC, Attorneys at law (bankruptcy firm) in Raleigh, NC and found her to be interested in the timing of the recording of the two sets of deeds.  She was also very helpful concerning some of my other Peppertree issues.   She asked me to contact Ms. Harriett Worley at the NC Consumer Protection Division (under the NC Attorney General's Office) as Ms. Worley is already working the Festiva/Peppertree irregularities.  I left a message as she is out of the office until 25 Apr 16.  You may file a complaint online with their office.
> 
> We sought legal counsel through our local JAG (military law office), and he confirmed that we had evidence of deceptive business practices and that Festiva  was in fact in violation of the Fair Dept Collections Act based as receiving  collection calls from Zealandia Capitol representing Festiva (note: Zealandia Holding Company owns it all, Festiva, Patton Hospitality, Festiva Adventure Clue, Zealandia Capitol and who knows what else) since we had never received a bill asking us to pay a maintenance fee since ownership was conveyed.
> 
> We have retained local legal counsel to represent our two exchanged properties and that of one belonging to our son (three total).  Please know that I am not soliciting, but only sharing the following information:
> 
> Mr Russell Alexander of the firm of Harvell and Collins in Morehead City, NC has approximately 30 Peppertree Clients with various issues that are currently being dealt with, some identical to ours, some very different.   We inquired as to the possibility of a class action suite, while he could not confirm there would be one he also said it was not out of the question either.  Here is his contact information: phone: 252-726-9050, email: ralexander@harvellandcollins.com.  I have read where many of you have asked about the possiblity of a class action suit,  so I would say that even if you do not wish to retain his professional services at this time, you may want to let him know that you would be interested in joining a class action against Festiva should a suit be filed later.  I think 30 currently dissatisfied clients is a good start, since it only takes one to start a class action suit.
> 
> Another interesting finding through our attorney  is that there should have been an option 4 given to Peppertree Phase I owners, and that was to do nothing and receive a share of any profit that was made after the payment of all debt from the sale of the Phase I property.  And as all of the Phase I owners are aware, there was no such option made available to us.




Thank you for your update.  It is encouraging to know that these Festiva irregularities are being looked into.  I would definitely be on board for a class action suit.


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## NeedsAnswersPABII

As an update to an earlier post, painting is being done as the rails are being finished. It is apparently all apart of the same project.

Thank you for the information about the attorney. We will be calling him first thing Monday morning. We cannot forget that even though the repairs are finally being done, we have all lost and will continue to lose money on repairs that should've been made all along using our years worth of maintenance fees. We still believe that PABII maintenance fee money was mishandled and is now padding someone's pocket!! Also, the serious lack of communication has only made things worse for all of us! Just because they are FINALLY repairing our buildings doesn't mean they are out of the woods!!


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## SheilaE

*Collection Letter Received from Zealandia*

We are a PAB II owner but did not pay 2016 maintenance fees because...(won't reiterate it all here) Of course now the collection notice is coming from the Zelandia Capital (noted as a debt collector but we know they own Festive, etc.) with $170 collection fee tacked on.  Have other owners who have not paid received same notification? How are you handling the collection?? - if you care to share.


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## allsmiles277

*Good news for 20-23 building owners at Peppertree !!!*

I have just come from Peppertree AB and taken some pictures. I also dropped by the Inspection's Office and they say a final inspection for Buildings 20-23 is coming very soon. It will be up to Festiva how soon the units can be occupied once this final inspection and final approval have taken place. I also found out the 3 year assessment is around 188 dollars for the next 3 years. I was disappointed because I thought this was double what I expected.


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## allsmiles277

It also looks like nothing has been done to buildings 17,18,19.24,and 25. I didn't look at buildings 15 and 16.


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## NC Air

allsmiles277 said:


> I have just come from Peppertree AB and taken some pictures. I also dropped by the Inspection's Office and they say a final inspection for Buildings 20-23 is coming very soon. It will be up to Festiva how soon the units can be occupied once this final inspection and final approval have taken place. I also found out the 3 year assessment is around 188 dollars for the next 3 years. I was disappointed because I thought this was double what I expected.



if this nightmare can be over for 3*188 dollars, that's less than one extra annual maintenance fee.  Less than I thought it would be.

I'm sure they'll get thru the other buildings quickly now that they have 20-23 done.  Their Memorial Day weekend target is pretty doable, it looks like.

For anyone who hasn't paid their fee for this year because they're ticked about last year, you might as well go ahead and pay it rather than have it go to collections.  Someone one here posted their collections fee is an extra $170 plus the AF, and I guarantee you won't get to use your 2016 week if you don't pay your fee.  I'm frustrated but happy we're getting off so cheap if the $188 figure is correct.


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## allsmiles277

2016 Special Assessment	06/01/2016	$188.33	CHG	$188.33


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## allsmiles277

That was copied and pasted from Festiva website.


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## NeedsAnswersPABII

allsmiles277 said:


> It also looks like nothing has been done to buildings 17,18,19.24,and 25. I didn't look at buildings 15 and 16.


During my Visit, Phase II buildings 20-23 should be nearing completion.  Through conversations with several town officials 15-16 will be next followed by 17-19.  24 -25 will be the last two.  The supplies have been delivered to 15-16.  Although this project will be quickly completed, there is still a case to be made for in-proper use of fee's we have payed throughout ownership.


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## allsmiles277

*I just bought a week 26 in Section II for $1.03*

Just bought a week 26 in Section II for $1.03 and Festiva is making the owners pay the 3 year assessment before it transfers into my name so I am really happy about that.


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## NC Air

allsmiles277 said:


> 2016 Special Assessment	06/01/2016	$188.33	CHG	$188.33



so typical for these clowns.
I too show a balance due of 188.33 but with NO EXPLANATION or note or document included.  I know what it is from being on here, but seriously, these people can't run a business and communicate with their customers to save their life.

When will we get official word this is 1st of 3, what happens if you don't pay, etc.?


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## allsmiles277

I would like to know if the points owners whoever the deed is named to be paid their fair share of this 3 year special assessment. I think a legal person should look at this and see what the truth is.


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## bogey21

I understand Owners' frustration with this situation.  My observation is that a ruthless Festiva will prevail and that the best thing to do is suck it up, roll with the punches, pay up and pray.  

George


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## allsmiles277

There are ways for owners to prevail. I would not care to mention any on this forum. Festiva and The Board should be very careful since owners know here they are. Owners will not just roll over and be made fools of. Festiva and The Board know what reality can truly be.


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## allsmiles277

where not here


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## Kozman

NC Air said:


> so typical for these clowns.
> I too show a balance due of 188.33 but with NO EXPLANATION or note or document included.  I know what it is from being on here, but seriously, these people can't run a business and communicate with their customers to save their life.
> 
> When will we get official word this is 1st of 3, what happens if you don't pay, etc.?



Did you see this bill on the web site? I have yet to receive a bill in the mail. When exactly is it due?


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## allsmiles277

I assume June 1


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## allsmiles277

Festiva and The Board are no better than domestic terrorists.


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## allsmiles277

*Cars were parked in front of units in Buildings 20-23*

I saw several cars parked in front of the area in front of Buildings 20-23 yesterday. I did wonder if people were staying in some units already even though the Inspection's Office has not given final approval. I didn't see any workers around. I was surprised 17-19 and 24, 25 were not being worked on but the posting said that 15 and 16 were being worked on makes sense now because I did not go and look at Buildings 15 and 16. I may go back to Peppetree and look again since I am going to be here for another 1 1/2 weeks.


----------



## Shelleykc

allsmiles277 said:


> I would like to know if the points owners whoever the deed is named to be paid their fair share of this 3 year special assessment. I think a legal person should look at this and see what the truth is.



Since the NC Attorney Generals' settlement case allows for the Adventure Club owners some restitution AND to opt out of the contract, (and who wouldn't do so at this point in time).  It appears to me that the deeded week owners have wrongly been left to shoulder the special assessment.  In doing the  math, 11 buildings x 6 units x 52 weeks = 3,432 individual units that should be assessed.  However, if 3,432 unit owners pay $564.99 (3 payments over 3 years) that totals $1,939.046.  That figure is well in excess of the" just over $1 million" quote relayed to us by the Atlantic Beach Member Services.  So exactly who is in ownership of the remaining units?  Peppertree?  Festiva?  Without seeing the paperwork for the financing of this project, how can we know the terms of this loan.  Simple math tells me that at least 40% of the Phase II units are owned by some entity other than the deeded week owners.  This same entity, while not paying for the improvements, are free to rent these vacant units to fill their coffers.  AND IF, by some chance the unknown entity is paying its fair share of the assessment, what is the extra money being used for?   More deceptive business practices by Festiva.


----------



## allsmiles277

I am not talking about points owners....I am talking about the names on the deeds that points owners traded in for their points memberships. There should be deeds with owners names because somebody still owns them like Festiva, Zealandia or whatever name is on the current deed. Why would they get a pass since they are also responsible for the Special Assessments since they are deeded owners.


----------



## NC Air

Kozman said:


> Did you see this bill on the web site? I have yet to receive a bill in the mail. When exactly is it due?



yes, the bill is on the web site when you log into your account and see your reservations (future and past) and your "contract transaction history"

It says it's due 6/1/16


----------



## Kozman

NC Air said:


> yes, the bill is on the web site when you log into your account and see your reservations (future and past) and your "contract transaction history"
> 
> It says it's due 6/1/16



I'm not adverse to going on the web site but I don't recall setting up an account (maybe I did, maybe I didn't....lol) but may I assume it will come in the mail as well?


----------



## allsmiles277

I have had many friends that never got mail from Festiva and were charged late fees.


----------



## PepABNC

*Update Phase II Bldg 25?*

AllSmiles - any way you could give me an update on Building 25?
Supposed to be there in three weeks and called today for an update and was told "the work just started on it" and "don't come unless we call you and tell you it is ready".  

We knew work was going on (for how many months now?!), but we assumed we'd be called if we should NOT come; we never knew that we were NOT supposed to come unless we were called!  (The communication is certainly lacking!)
We are up to date on our annual maintenance fee, and our assessment fee  and will be very frustrated if we can't occupy this month.  

Interested in learning more about class-action if it occurs.  
We also were a Phase I owner (penthouse) that got shifted to Phase II under less-than-transparent conditions [Checked in and was given a different unit than the one we owned without any explanation... turns out ours was the first building of the old Phase 1 bldgs to be condemned so they just plopped us in a different Phase 1 bldg without even telling us].  And now to possibly not be able to get into our Phase II is very frustrating!


----------



## allsmiles277

PepABNC said:


> AllSmiles - any way you could give me an update on Building 25?
> Supposed to be there in three weeks and called today for an update and was told "the work just started on it" and "don't come unless we call you and tell you it is ready".
> 
> We knew work was going on (for how many months now?!), but we assumed we'd be called if we should NOT come; we never knew that we were NOT supposed to come unless we were called!  (The communication is certainly lacking!)
> We are up to date on our annual maintenance fee, and our assessment fee  and will be very frustrated if we can't occupy this month.
> 
> Interested in learning more about class-action if it occurs.
> We also were a Phase I owner (penthouse) that got shifted to Phase II under less-than-transparent conditions [Checked in and was given a different unit than the one we owned without any explanation... turns out ours was the first building of the old Phase 1 bldgs to be condemned so they just plopped us in a different Phase 1 bldg without even telling us].  And now to possibly not be able to get into our Phase II is very frustrating!


I heard that Building 25 is going to be one of the last buildings being done. Call the Atlantic Beach NC Inspection's Office. They can give you the most accurate information.


----------



## allsmiles277

allsmiles277 said:


> I heard that Building 25 is going to be one of the last buildings being done. Call the Atlantic Beach NC Inspection's Office. They can give you the most accurate information.


Atlantic Beach Planning Department
No reviews · City Government Office
125 W Fort Macon Rd
(252) 726-4456


----------



## allsmiles277

allsmiles277 said:


> Atlantic Beach Planning Department
> No reviews · City Government Office
> 125 W Fort Macon Rd
> (252) 726-4456


Organization & People
Michelle Shreve, Planning & Zoning Director   planner2@atlanticbeach-nc.com

John Harrell, Chief Inspector     inspector@atlanticbeach-nc.com

Kim Tynes, Permit Technician/Admin Asst   inspectionsadmin@atlanticbeach-nc.com
Contact Us
Planning, Zoning & Inspections
PO Box 10
Atlantic Beach, NC 28512
Phone: 252 726-4456
Fax: 252 727-7043


----------



## Shelleykc

*Peppertree work*

Last Friday I drove out to the resort and was unable to access the property.  The guard stated that work was being done on Bldgs 15 & 16.  I drove around the back and could clearly see that there was no work or material in the parking lot of Bldgs 17-19 and Bldgs 24 & 25.  I hope this information helps.


----------



## allsmiles277

*Go before 9:AM and no guard is usually posted*

I went before 9:00AM and there was no security guard and I drove right in.


----------



## Mulligan101

*Special Assessment*



Kozman said:


> I'm not adverse to going on the web site but I don't recall setting up an account (maybe I did, maybe I didn't....lol) but may I assume it will come in the mail as well?



I did receive the billing statement for the special assessment in the mail today.


----------



## Kozman

Mulligan101 said:


> I did receive the billing statement for the special assessment in the mail today.



And? They expect everyone to snap to and pay by June 1 after going 9 months without any correspondence? Did they explain what it was for and why it was needed?

Supposedly buildings 20-23 where complete. Has anyone been able to use them yet?


----------



## NC Air

Letter and bill arrived today for deck and stairs repair

Here's the text from it which I scanned and did text recognition on, so forgive me if there are typos.

 It sounds cheery and optimistic, like they have no clue how ticked off we are about their poor communication.

Overall, this is a small price to pay to get back on track (565 total for 2 BR owners, 392 for 1 BR owners, spread out over 3 years).  Still interested in a class action lawsuit though.  They don't list specific dates but certainly imply everyone ("ALL BUILDINGS") should be able to use their weeks for the Summer, traditionally Memorial Day start of "busy summer season."  Obviously this wording gives them plenty of wiggle room.

Bottom line, pay up or you're not vacationing there this summer.

Dear Peppertree Atlantic Beach II HOA member, We are pleased to report that the repairs to the stairwells and,decking are underway and on schedule. We plan to have the first set of buildings open at the end of this month and we are still on schedule to have all buildings open prior to the start of the busy summer season. 

As we mentioned in our previous communication we were able to obtain financing on the project that will allow us to spread the cost of the repairs over a three year period. This also allows us some flexibility in terms of paying off the loan early or perhaps even refinancing at some point depending on what makes the most sense for the association at the time. But first and foremost, we are looking forward to getting through the current construction schedule and getting everyone back on vacation. 

Included herein is the first installment of the special assessment for the project. We have calculated the total assessments for each unit type being $565 for a two bedroom and $392 for a one bedroom. Again, we are projecting to split this assessment up over a 3 year period. 

We have worked very hard as a board to determine the best course of action to navigate through a very difficult situation. Although, we understand an assessment is never welcome, we feel like the plan we have agreed on is the best for the ownership in terms of financial impact to our owners and the long-term financial health of the association. 

Please note: Your 2016 Maintenance Fee must be paid in full prior to vacationing with us. We will be contacting owners to confirm upcoming reservations as quickly as we can. 

Please visit www.festiva.com and log in into the member portal. This information will be updated accordingly. 

Respectfully, 
Your Board of Directors 
Peppertree Atlantic Beach 
715 West Fort Macon Road 
P .0. Box 1068 
Atlantic Beach, N.C. 28512 
252-247-5841


----------



## Kozman

NC Air said:


> Letter and bill arrived today for deck and stairs repair
> 
> Here's the text from it which I scanned and did text recognition on, so forgive me if there are typos.
> 
> It sounds cheery and optimistic, like they have no clue how ticked off we are about their poor communication.
> 
> Overall, this is a small price to pay to get back on track (565 total for 2 BR owners, 392 for 1 BR owners, spread out over 3 years).  Still interested in a class action lawsuit though.  They don't list specific dates but certainly imply everyone ("ALL BUILDINGS") should be able to use their weeks for the Summer, traditionally Memorial Day start of "busy summer season."  Obviously this wording gives them plenty of wiggle room.
> 
> Bottom line, pay up or you're not vacationing there this summer.
> 
> Dear Peppertree Atlantic Beach II HOA member, We are pleased to report that the repairs to the stairwells and,decking are underway and on schedule. We plan to have the first set of buildings open at the end of this month and we are still on schedule to have all buildings open prior to the start of the busy summer season.
> 
> As we mentioned in our previous communication we were able to obtain financing on the project that will allow us to spread the cost of the repairs over a three year period. This also allows us some flexibility in terms of paying off the loan early or perhaps even refinancing at some point depending on what makes the most sense for the association at the time. But first and foremost, we are looking forward to getting through the current construction schedule and getting everyone back on vacation.
> 
> Included herein is the first installment of the special assessment for the project. We have calculated the total assessments for each unit type being $565 for a two bedroom and $392 for a one bedroom. Again, we are projecting to split this assessment up over a 3 year period.
> 
> We have worked very hard as a board to determine the best course of action to navigate through a very difficult situation. Although, we understand an assessment is never welcome, we feel like the plan we have agreed on is the best for the ownership in terms of financial impact to our owners and the long-term financial health of the association.
> 
> Please note: Your 2016 Maintenance Fee must be paid in full prior to vacationing with us. We will be contacting owners to confirm upcoming reservations as quickly as we can.
> 
> Please visit www.festiva.com and log in into the member portal. This information will be updated accordingly.
> 
> Respectfully,
> Your Board of Directors
> Peppertree Atlantic Beach
> 715 West Fort Macon Road
> P .0. Box 1068
> Atlantic Beach, N.C. 28512
> 252-247-5841



Thanks for the followup. I like how they infer that the summer vacation folks are more important than the rest of us who pay the same maintenance fee for a less valuable experience. I have already contacted a couple of lawyers regarding my interest in a class action. So, shouldn't we get a breakdown of how much money will be spent and how much will come out of past fees and how about the reserve we are suppose to have? They are not touching that?


----------



## allsmiles277

To hell with the Board ....they are scared of their own shadows by now and are nothing more than vermin.


----------



## pedro47

Kozman said:


> Thanks for the followup. I like how they infer that the summer vacation folks are more important than the rest of us who pay the same maintenance fee for a less valuable experience. I have already contacted a couple of lawyers regarding my interest in a class action. So, shouldn't we get a breakdown of how much money will be spent and how much will come out of past fees and how about the reserve we are suppose to have? They are not touching that?



Summer weeks are prime time and they can rent them at double or three time the price on The Strand.


----------



## Kozman

pedro47 said:


> Summer weeks are prime time and they can rent them at double or three time the price on The Strand.



Thus the truth! It's all about the money (to them). I'm sure our 'management' company will keep a large portion of it.


----------



## NC Air

Kozman said:


> Thanks for the followup. I like how they infer that the summer vacation folks are more important than the rest of us who pay the same maintenance fee for a less valuable experience.



just trying to be sure I understand:

you are frustrated that the maintenance fees are the same for each owner, no matter when your week is?

People who bought summer prime time weeks paid more than those who did not.  People who bought shoulder season paid less, and people who bought off season paid WAYYY less.  People who bought weeks on the resale market paid less than people who bought from Festiva.  That's just how it works but there's nothing sinister about it, it's just supply and demand.

Isn't the amount of your maint fee something you knew before you purchased?  Not trying to be mean, it just seems like this point has nothing to do with the problem of getting the decks and stairways finished.


----------



## allsmiles277

NC Air said:


> just trying to be sure I understand:
> 
> you are frustrated that the maintenance fees are the same for each owner, no matter when your week is?
> 
> People who bought summer prime time weeks paid more than those who did not.  People who bought shoulder season paid less, and people who bought off season paid WAYYY less.  People who bought weeks on the resale market paid less than people who bought from Festiva.  That's just how it works but there's nothing sinister about it, it's just supply and demand.
> 
> Isn't the amount of your maint fee something you knew before you purchased?  Not trying to be mean, it just seems like this point has nothing to do with the problem of getting the decks and stairways finished.


Well said......look in the mirror


----------



## allsmiles277

*Always get in cheap on the front end*

Get in cheap on the front end because you know maintenance fees will go up. They never come down. Special assessments are pretty new to me. They can ruin your life if you have several timeshares. Special assessments can be any amount of money. They literally have you by the balls !!! I wish the legal system could put more restrictions on management companies and Boards. The Boards are a bunch of candy asses. They do what the management companies tell them to do. I would not want to be a Board member for Section II at Peppertree Atlantic Beach NC right now. I think they are in hiding. I know the communication has been pathetic and the letters ridiculously vague. The Board and Festiva need to be fired.


----------



## Kozman

Testing 123


----------



## Kozman

allsmiles277 said:


> Get in cheap on the front end because you know maintenance fees will go up. They never come down. Special assessments are pretty new to me. They can ruin your life if you have several timeshares. Special assessments can be any amount of money. They literally have you by the balls !!! I wish the legal system could put more restrictions on management companies and Boards. The Boards are a bunch of candy asses. They do what the management companies tell them to do. I would not want to be a Board member for Section II at Peppertree Atlantic Beach NC right now. I think they are in hiding. I know the communication has been pathetic and the letters ridiculously vague. The Board and Festiva need to be fired.



Agreed. When will the next election come up. With all the 'trust' points Festiva controls I doubt we'll ever be able to throw them out. But, we can hope can't we. Maybe if enough people are angry enough to gather around an alternate candidate.


----------



## Shelleykc

*Ncdoj*

If anyone here is interested in filing a formal complaint against Festiva Development and/or its many entities as well as the PAB II, you may do so by visiting the NC Dept of Justice website (ncdoj.gov).  You may file online or print out the form to file.  I chose the latter as I had so many supporting documents to submit and I wanted to send it directly to the specialist assigned to Peppertree (Ms. Deborah Ahlman).  My complaint was mailed yesterday and specifically address their deceptive business practices, violations against the NC Fair Dept Collections Act and the breach of the fiduciary relationship by Festivia Development, Patton Hospitality, Peppertree Atlantic Beach, PAB I HOA,  PABII HOA, Zealnadia Capitol and the Peppertree owners.  Please take the time to do the same remember,  there is strength in numbers.


----------



## Iggyearl

*Hats off to Shelly*

This is exactly how Festiva needs to be approached.  She and people like her are the reason that Festiva has been pursued in 5 different states.  The AG has the power to audit their books, and interview affected owners.  Every owner should follow her lead.


----------



## allsmiles277

I bet Roy Cooper got a big donation to his campaign from Festiva !!!


----------



## massachu

NC Air said:


> just trying to be sure I understand:
> 
> you are frustrated that the maintenance fees are the same for each owner, no matter when your week is?
> 
> People who bought summer prime time weeks paid more than those who did not.  People who bought shoulder season paid less, and people who bought off season paid WAYYY less.  People who bought weeks on the resale market paid less than people who bought from Festiva.  That's just how it works but there's nothing sinister about it, it's just supply and demand.
> 
> Isn't the amount of your maint fee something you knew before you purchased?  Not trying to be mean, it just seems like this point has nothing to do with the problem of getting the decks and stairways finished.


I am frustrated that the HOA at my Festvia resort has determined that the cold-weather weeks that Festiva owns does not have to pay maintenance fees including property taxes so that share is picked up by red-week payments. (I think it has something to do with Patton Hospitality Management filling the HOA officer positions, as well as retaining Patton to manage the resort.)


----------



## allsmiles277

massachu said:


> I am frustrated that the HOA at my Festvia resort has determined that the cold-weather weeks that Festiva owns does not have to pay maintenance fees including property taxes so that share is picked up by red-week payments. (I think it has something to do with Patton Hospitality Management filling the HOA officer positions, as well as retaining Patton to manage the resort.)


I know you don't want to hear this but most management companies do not go after people who own a week or two because of what it costs to go after them especially Winter weeks, late Fall and very early Spring weeks. If you own a prime time week in mid to late June, all of July and early to mid August they gain more of a value for resale so they probably go after you. This is reality. I understand both sides of this issue. I have learned to concentrate on shoulder weeks but Prime Time weeks are the only good investments right now at Peppertree AB. I think Festiva should step up to the plate since they are probably listed on deeds as "owners" for people who gave their weeks to the points system pot and pay what they owe in special assessments like otther owners. They are not paying their fair share and that is also why the special assessments are double what they should be. The Board and Festiva could also be known as CROOKS !!!!


----------



## NC Air

allsmiles277 said:


> They are not paying their fair share and that is also why the special assessments are double what they should be.



i'm not happy we have to pay an assessment but I do think the amount is pretty reasonable given it's a million dollars and we're paying it back over three years.  565 dollars divided into 3 payments and this drama is over?  Sure I'd love it to be less but I just want this to end and be able to get back to using my condo.


Not sure where you have that they're not paying their fair share, but they can't even write owners a letter in a timely way to tell them what's going on, they sure as hell aren't going to explain the math on who is paying and who's not paying the assessment.  I think they should, but look who we're dealing with.


----------



## NC Air

anyone been to Peppertree in he past five days to report here which buildings have repair work underway?  Last report here from someone who went on the property was May 4th or earlier.  Curious which ones are open now if any, and how many will be open by Memorial Day.

Has anyone been called with an upcoming reservation and told to come?


----------



## allsmiles277

NC Air said:


> i'm not happy we have to pay an assessment but I do think the amount is pretty reasonable given it's a million dollars and we're paying it back over three years.  565 dollars divided into 3 payments and this drama is over?  Sure I'd love it to be less but I just want this to end and be able to get back to using my condo.
> 
> 
> Not sure where you have that they're not paying their fair share, but they can't even write owners a letter in a timely way to tell them what's going on, they sure as hell aren't going to explain the math on who is paying and who's not paying the assessment.  I think they should, but look who we're dealing with.


If their name is on a deed for the points pool they deceived people in giving up to them the deeded owners aka Festiva or whatever entity is used on the points pool timeshares should have to pay the 3 year special assessment as other deeded owners like us have to pay. Do you UNDERSTAND now ? The specail assessment should have been around 80-90 dollars per year for the 3 year period. I know you have to take into consideration the people who stopped paying maintenance fees but this shouldn't be the reason for doubling the special assessment. I think the special assessment is excessive and another way for Festiva to line their deceitful pockets. Festiva and the Board should be fired for their actions aka poor communication and poor management.


----------



## allsmiles277

*Just heard from a friend at AB this week*

A friend of mine went through Peppertree AB and Buildings 17,18,19,24,25 are being worked on now so 15 and 16 must be finished. That is very good news.


----------



## Egret1986

*Thank you for the the update on the work at Peppertree*



allsmiles277 said:


> A friend of mine went through Peppertree AB and Buildings 17,18,19,24,25 are being worked on now so 15 and 16 must be finished. That is very good news.



Helpful info on what's going on with the work being done.


----------



## NC Air

allsmiles277 said:


> A friend of mine went through Peppertree AB and Buildings 17,18,19,24,25 are being worked on now so 15 and 16 must be finished. That is very good news.



VERY helpful update, thx


----------



## allsmiles277

I would still want to call the Inspection's Office at AB for confirmation. I still don't trust The Board or Festiva.


----------



## allsmiles277

*Phone number to Inspection's Office*

Planning, Zoning & Inspections
PO Box 10
Atlantic Beach, NC 28512
Phone: 252 726-4456
Fax: 252 727-7043


----------



## PepABNC

Just left Peppertree. Had to PAY  to rent a unit in the new building since ours wasn't ready and I'd already scheduled vacation for work.  So they got my money three times this year (annual dues, assessment and renting The same week in another unit). 
20-23 are done and were partially occupied.  24&25 were actively being worked on (so normal beach access gate was closed and you had to go through a parking lot gate a bit down from the normal walkway).  10-14 were gone (I think, at least 10-11 were gone) and I think work looked to be starting on 17-19 after 24-25, since they are sort of connected).
With 20-23 being done and only partially occupied I wish they had offered to let me trade and stay there in a vacant unit. But they said no trades were possible. 
A front desk person also laughed when I asked if the rest were going to be ready for Memorial Day saying, "well that's what they say but I sure doubt it".


----------



## Egret1986

*What a punch to the gut!*



PepABNC said:


> Just left Peppertree. Had to PAY  to rent a unit in the new building since ours wasn't ready and I'd already scheduled vacation for work.  So they got my money three times this year (annual dues, assessment and renting The same week in another unit).
> 20-23 are done and were partially occupied.  24&25 were actively being worked on (so normal beach access gate was closed and you had to go through a parking lot gate a bit down from the normal walkway).  10-14 were gone (I think, at least 10-11 were gone) and I think work looked to be starting on 17-19 after 24-25, since they are sort of connected).
> With 20-23 being done and only partially occupied I wish they had offered to let me trade and stay there in a vacant unit. But they said no trades were possible.
> A front desk person also laughed when I asked if the rest were going to be ready for Memorial Day saying, "well that's what they say but I sure doubt it".



Thank you for the report on the construction process.


----------



## Shelleykc

*Update on NCDOJ complaint*

Yesterday I received a copy of the letter sent from the NCDOJ Consumer Protection Division to Peppertree Club Assoc Inc (dated 18 May) giving the Association 15 business days to respond to my complaint (see previous post).  I am so pleased that Ms Ahlman has acted so quickly as I mailed my complaint to her on the 10th.  

This is a wonderful group to share information, experiences and yes, vent. However, until we all formally act against these people, nothing will change.  So, PLEASE file a complaint with the NCDOJ.  (If you reside outside the state of NC, you can still file with the NCDOJ). Visit NCDOJ.gov, there you can print out the form or file the complaint online.   If you would prefer, call toll free in NC 877-566-7226 or outside NC 919-716-6000 (toll call) and they will mail you the form.  The complaint can be as short or as lengthy as you need it to be to address your issues.  The more complaints filed, the more attention will be brought to the practices of these businesses.


----------



## massachu

Shelleykc said:


> Yesterday I received a copy of the letter sent from the NCDOJ Consumer Protection Division to Peppertree Club Assoc Inc (dated 18 May) giving the Association 15 business days to respond to my complaint (see previous post).  I am so pleased that Ms Ahlman has acted so quickly as I mailed my complaint to her on the 10th.
> 
> This is a wonderful group to share information, experiences and yes, vent. However, until we all formally act against these people, nothing will change.  So, PLEASE file a complaint with the NCDOJ.  (If you reside outside the state of NC, you can still file with the NCDOJ). Visit NCDOJ.gov, there you can print out the form or file the complaint online.   If you would prefer, call toll free in NC 877-566-7226 or outside NC 919-716-6000 (toll call) and they will mail you the form.  The complaint can be as short or as lengthy as you need it to be to address your issues.  The more complaints filed, the more attention will be brought to the practices of these businesses.


I'm an owner of a Festiva-controlled timeshare in another state. I'm not an attorney but I'm beginning to sense a racketeering enterprise. It is definitely not a PAB issue isolated to North Carolina. It is difficult for the little owner of a single unit week to sort through all the interlocking Festiva and Zealandia corporations. They have one arm that specializes in debt collections, Zealandia Capital of Asheville. In the web portal called "Glass Door" one former employee writes as follows about work at Zealandia Capital:


> Pros
> This company is a struggling collections company attempting to collect past due balances from folks who have been duped into buying a timeshare.
> Cons
> They take an unethical almost immoral approach to collections that boarders on the illegal.


Thus one is inclined to think about interstate conspiracy and a US DOJ RICO investigation.


----------



## Kozman

Shelleykc said:


> Yesterday I received a copy of the letter sent from the NCDOJ Consumer Protection Division to Peppertree Club Assoc Inc (dated 18 May) giving the Association 15 business days to respond to my complaint (see previous post).  I am so pleased that Ms Ahlman has acted so quickly as I mailed my complaint to her on the 10th.
> 
> This is a wonderful group to share information, experiences and yes, vent. However, until we all formally act against these people, nothing will change.  So, PLEASE file a complaint with the NCDOJ.  (If you reside outside the state of NC, you can still file with the NCDOJ). Visit NCDOJ.gov, there you can print out the form or file the complaint online.   If you would prefer, call toll free in NC 877-566-7226 or outside NC 919-716-6000 (toll call) and they will mail you the form.  The complaint can be as short or as lengthy as you need it to be to address your issues.  The more complaints filed, the more attention will be brought to the practices of these businesses.



Thanks for sharing this information with us. I'll make sure to file my complaint. I'm sure each of us may have different complaints depending on our situation. I hope these Festiva entities are thoroughly investigated and audited. I can't believe so much money has been paid in with the resort closed for almost a year and they still need more. Good luck to all.


----------



## Shelleykc

massachu said:


> I'm an owner of a Festiva-controlled timeshare in another state. I'm not an attorney but I'm beginning to sense a racketeering enterprise. It is definitely not a PAB issue isolated to North Carolina. It is difficult for the little owner of a single unit week to sort through all the interlocking Festiva and Zealandia corporations. They have one arm that specializes in debt collections, Zealandia Capital of Asheville. In the web portal called "Glass Door" one former employee writes as follows about work at Zealandia Capital:
> 
> Thus one is inclined to think about interstate conspiracy and a US DOJ RICO investigation.



Are you filing or considering filing complaints with the Consumer Financial Protection Bureau, the Federal Trade Commission, the USDOJ as well as MADOJ?


----------



## Shelleykc

*Peppertree Construction Update*

I visited Peppertree early this morning and was able to drive right in to the resort without a problem.  It is possible that Bldg 24 & 25 are done, cannot be 100% sure.  The saws and equipment were in front of Bldg 24. It did not appear to me (and I went up to the 3rd floor in Bldg 22) that 17 - 19 were being worked on yet.  The whole area is still sectioned off, as it should be.  So, Peppertree didn't make the original May 1st date, the Memorial Day Weekend date and with 3 buildings to go, will they be open by the 4th of July???


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## NeedsAnswersPABII

When you filed your complaint to NCDOJ what kind of documentation did you send? We want to make our complaint similar to yours to solidify all of our stance.


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## NC Air

called peppertree main number today in atlantic beach ((252) 247-5841, press 0) to check for a summer week I'm scheduled for.  didn't get the guy's name, but he was very friendly and talkative, answered my detailed questions.  Summary of what he told me.

Buildings 20-23 (group of 4 by themselves close to the ocean)
he said buildings 20-23 were the first to get started on work and took 2 months to finish.  He said these are now open.  I asked specifically if anything of the renovations and repairs is complete and open, and he said yes.

Buildings 15-16 (group of 2 by themselves)
He said they are awaiting inspection on 15-16 for occupancy.  Hard to know when they'll be approved by town of Atlantic Beach and if they'll get approval next inspection or not.  Anyone whose done a home renovation project knows how frustrating and helpless  you feel as an owner who is waiting on others to show up and inspect and then fix what inspectors say to fix and do this process repeatedly.

Buildings 17-18-19-24-25  (group of 5 together closest to beach gate where showers are located)
He said "they are working in the area where that group of 5 buildings is now."  

He volunteered that it took them longer to learn how to do the repairs at first and kind of get a system in place, but now that they've got some done it's going faster.  Could not give any estimated dates of them being ready to use and to check back.  

I don't know if any other higher number buildings are affected by this mess.  26-31 I think are NOT, they're phase 3, right?  And 32-33, I don't know if they're Phase 2 or 3, but given the numbering, I assume they're not phase 2 and unaffected.

I will be visiting Sunday in person and can report back.


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## Egret1986

*Thank you for the updates.*



NC Air said:


> called peppertree main number today in atlantic beach ((252) 247-5841, press 0) to check for a summer week I'm scheduled for.  didn't get the guy's name, but he was very friendly and talkative, answered my detailed questions.  Summary of what he told me.
> 
> Buildings 20-23 (group of 4 by themselves close to the ocean)
> he said buildings 20-23 were the first to get started on work and took 2 months to finish.  He said these are now open.  I asked specifically if anything of the renovations and repairs is complete and open, and he said yes.
> 
> Buildings 15-16 (group of 2 by themselves)
> He said they are awaiting inspection on 15-16 for occupancy.  Hard to know when they'll be approved by town of Atlantic Beach and if they'll get approval next inspection or not.  Anyone whose done a home renovation project knows how frustrating and helpless  you feel as an owner who is waiting on others to show up and inspect and then fix what inspectors say to fix and do this process repeatedly.
> 
> Buildings 17-18-19-24-25  (group of 5 together closest to beach gate where showers are located)
> He said "they are working in the area where that group of 5 buildings is now."
> 
> He volunteered that it took them longer to learn how to do the repairs at first and kind of get a system in place, but now that they've got some done it's going faster.  Could not give any estimated dates of them being ready to use and to check back.
> 
> I don't know if any other higher number buildings are affected by this mess.  26-31 I think are NOT, they're phase 3, right?  And 32-33, I don't know if they're Phase 2 or 3, but given the numbering, I assume they're not phase 2 and unaffected.
> 
> I will be visiting Sunday in person and can report back.



The special assessment is due today with the possibility of no use this year.


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## allsmiles277

Paid first year special assessment the other day so I guess I am good to go this year.


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## Shelleykc

NeedsAnswersPABII said:


> When you filed your complaint to NCDOJ what kind of documentation did you send? We want to make our complaint similar to yours to solidify all of our stance.




Sorry, I had not checked this site until today.  I will send you a private email sometime over this weekend.


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## allsmiles277

*Latest on building with occupancy*

I spoke with the planning and inspection's office at Atlantic Beach NC a few minutes ago. As most everybody already knows only Buildings 20,21,22 and 23 have Occupancy Permits. Buildings 15 and 16 should be next depending on when Festiva got in line with the Inspections and Planning Office since they are not the only game in town. Festiva is hoping to have 17, 18, 19. 24, and 25 by the end of June but I wouldn't hold my breath. I am sure there are many people losing hope since they though they would be able to use their units in June. This whole process have given people a new look at Festiva as a management company. Did they do the best they could with what they had to work with ? I say NO.....they dragged their feet and let 6 months go by before anything major happened. Festiva as a management company is a big fat ZERO in my book. THEY could not MANAGE a breakfast order !!!! I think we haven't seen the bottom yet. I am sure Festiva has gotten something up their sleeves. I honestly feel that Festiva is trying their best to run everybody off and then take control of as many units as possible. It has always been their goal to scare people into giving up their deeded weeks for the points scam. Roy Cooper has about 1/10 of a backbone and probably got financing for his gubernatorial run from many private companies. Festiva wants all of us to go away so they can take control of everything. THAT WILL BE THEIR MISTAKE !!! HOLD ON TO YOUR DEEDED WEEKS !!!!


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## NC Air

stopped by Peppertree over the weekend and took photos of progress.
Status was from visiting the main office from where you check in.
They said in some cases they get the certificate of occupancy and can turn around the condo the next day with housekeeping, as all the power and HVAC have been left on this whole time, so no mold and gross cleanup from being closed up 10 months.

There were a fair amount of cars and vacationers there, but not super busy as it's really not summer season yet.  Schools are still in session for the most part through this week.

They definitely have Buildings 20-23 open, and got them opened in April they said.  Next to open will be 15 and 16 which they have a few things to finish and get reinspected.  They have moved some construction materials to the front of buildings 24 and 25 but front office says nothing has started yet.  Buildings 17-19 have a little material in front and behind the buildings but front office said for sure nothing has started there.

IF it takes 6 weeks to complete, which they think it's been running lately after a rough start and encountering some surprises during construction (didn't say what those were), then I'd estimate if you are using buildings 24-25 it will be mid to late July at earliest to use them.  And likely August at earliest for owners of Buildings 17-19.

Front office staff had a really good attitude and said everyone is REALLY angry, but they don't mind people calling every week or whatever you want to check on the latest status.

i have a bunch of photos from my visit, stored on flickr. but can't figure out how to post them



peppertree june 2016 (15) by NC Air, on Flickr


peppertree june 2016 (12) by NC Air, on Flickr


peppertree june 2016 (11) by NC Air, on Flickr


peppertree june 2016 (9) by NC Air, on Flickr


peppertree june 2016 (8) by NC Air, on Flickr


peppertree june 2016 (6) by NC Air, on Flickr


peppertree june 2016 (5) by NC Air, on Flickr


peppertree june 2016 (4) by NC Air, on Flickr


peppertree june 2016 (3) by NC Air, on Flickr


peppertree june 2016 (2) by NC Air, on Flickr


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## allsmiles277

Thank you for all of the photos !!!!!


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## allsmiles277

I don't see Buildings 15 and 16. Did I miss them somehow ??


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## NC Air

allsmiles277 said:


> I don't see Buildings 15 and 16. Did I miss them somehow ??



I'm not sure which ones are which.  I was mostly taking photos of the areas torn down and the buildings closest to the beach.  Guess I didn't get any of 15 and 16, but the staff said they are almost done.  There isn't really much visible to tell anything is "done" except all that reinforced vertical wood strips near the stairways.  I'm not a building 15/16 owner so I hadn't gone out of my way to locate it, and I was pressed for time.


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## allsmiles277

I was there several weeks ago and took pictures of 20-23. I also did not even think about 15 and 16 but as you saw my post just before yours I called the Inspections and Planning Office and got an update.


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## allsmiles277

How are summer week owners other than 20-23 feeling right now about not being able to use their units this year ? I would be extremely upset with The Board and Festiva. Where are all the owners of summer weeks that cannot use their weeks this year ?


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## Egret1986

*I'm very concerned as to what to do since I have my week listed for rent.*



allsmiles277 said:


> How are summer week owners other than 20-23 feeling right now about not being able to use their units this year ? I would be extremely upset with The Board and Festiva. Where are all the owners of summer weeks that cannot use their weeks this year ?



I have a week 32 in Building 17C, and I have it listed for rent.  But should I really be listing it?  If someone wants to rent, will the guest be confirmed through the resort?  Since the occupancy availability is questionable at this point for this building, will the resort confirm the guest?  Will they deny it?  

I thank those that have had the opportunity to visit the resort and reported back.  I thank those that have posted what they know about the status of things going on at the resort and posting pictures.

I was given the opportunity to bow out since I owned in Phase I, but I chose to take a Phase II unit for the same week for the $100 fee.  At this point, it feels like I made the wrong choice.


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## mrkube

How do I as a Peppertree Atlantic Beach owner of a Festiva managed timeshare resort week feel? CHEATED!  


Sent from my iPhone using Tapatalk


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## allsmiles277

*I am concerned about my week 35 right now*

I am surprised the total process of repairing Buildings in Section 2 has not been completed. I think that Festiva and The Board for Section 2 should be embarrassed for their failure. I would not want to be a Board member from Section 2 or a Festiva employee. I guess most of them are hiding somewhere hoping that everything cools down eventually. In a little over 2 months it will be 1 year since owners were refused use of their weeks. I think that date was close to August 17th of last year. Failure seems to be an acceptable outcome for Festiva and The Board. Just think if there was a Board and a management company that really cared about Festiva timeshare owners. Wouldn't that be a nice feeling ? When summer week owners feel the pain that is serious business. I think the people who did the planning on this project should be fired no matter who they are. I am happy for owners in Buildings 20-23. I am glad somebody is using their units this year. This whole process is very sad to say the least.


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## bogey21

Unfortunately over the years I have been faced with similar situations.  My Resorts in Biloxi and Galveston (Chateau LeGrand and Peregrine) were both massively damaged by hurricanes.  The difference between these situations and dealing with Festiva can be described by one word, communication.  

Although I lost usage in both situations for about a year the HOA kept us informed with constant updates and both resorts were completely rebuilt without Special Assessments.   Why the different treatment?  I attribute it to both Resorts being managed by Boards elected by the Owners rather than a corporate entity like Festiva.

George


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## Shelleykc

*Peppertree Update*

My husband and I SHOULD be vacationing at our unit in building 18 but since there is no apparent work being done on buildings 17 - 19, you know that did not happen.  My husband called on Friday to inquire as to its availability for our use beginning that day.  Jeri Crane stated, sorry it was not available.  We asked could be expect at least a partial refund since we were unable to use the unit and much of the maintenance fees were for housekeeping etc and were told no the "association fee" (her words) was not going to be refunded.  My husband told her we had paid maintenance fees and was not familiar with the "association fees" she referred to.  Since we live locally, he asked and was denied the week long parking pass that would normally have been issued at check in.  We were only allowed a daily beach pass.  I guess a $682.67 maintenance fee and a $188.33 assessment won't even entitle you to one of the two parking passes that normally comes with your ownership week.  You would think that a minimal amount of customer consideration on Peppertree's part would go a long way considering what they have done to it's Phase I into Phase II as well as all the additional Phase II owners that are being cheated out of their summer beach week vacations.

We did go to Peppertree yesterday, the guard would only give us the one day beach pass and you will love this...with all the available parking inside the resort, especially with the razing of buildings 1 - 14 and the continued shut down of Buildings 17- 19 and 24 & 25 we were told to park in the area by the guard shack designated for one day beach passes.

Having visited yesterday, I can tell you that there is no apparent work that has begun on Buildings 17 - 19.  Very disappointing.  10 months into this condemnation and it is not open for owners use.


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## Egret1986

*It's appalling what you experienced.  They have apparent disdain for owners.*

Yes, you would think whatever consideration that they could easily give to the owners that have paid their maintenance fees and have not been permitted to use their weeks would be provided.  As you said, I'm sure there's plenty of parking available.  I'm so sorry to hear about this treatment, but little surprises me now.




Shelleykc said:


> My husband and I SHOULD be vacationing at our unit in building 18 but since there is no apparent work being done on buildings 17 - 19, you know that did not happen.  My husband called on Friday to inquire as to its availability for our use beginning that day.  Jeri Crane stated, sorry it was not available.  We asked could be expect at least a partial refund since we were unable to use the unit and much of the maintenance fees were for housekeeping etc and were told no the "association fee" (her words) was not going to be refunded.  My husband told her we had paid maintenance fees and was not familiar with the "association fees" she referred to.  Since we live locally, he asked and was denied the week long parking pass that would normally have been issued at check in.  We were only allowed a daily beach pass.  I guess a $682.67 maintenance fee and a $188.33 assessment won't even entitle you to one of the two parking passes that normally comes with your ownership week.  You would think that a minimal amount of customer consideration on Peppertree's part would go a long way considering what they have done to it's Phase I into Phase II as well as all the additional Phase II owners that are being cheated out of their summer beach week vacations.
> 
> We did go to Peppertree yesterday, the guard would only give us the one day beach pass and you will love this...with all the available parking inside the resort, especially with the razing of buildings 1 - 14 and the continued shut down of Buildings 17- 19 and 24 & 25 we were told to park in the area by the guard shack designated for one day beach passes.
> 
> Having visited yesterday, I can tell you that there is no apparent work that has begun on Buildings 17 - 19.  Very disappointing.  10 months into this condemnation and it is not open for owners use.


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## Shelleykc

*The News-Times article published Sunday 6/12/16*

The following is the content of the article in its entirety that appeared this past Sunday in _The News-Times_.

*ATLANTIC BEACH OFFICIALS SAY REPAIRS AT PEPPERTREE VILLAS TO BE DONE SOON* by Mike Shutak

ATLANTIC BEACH-Demolition has been completed for 14 buildings at Peppertree Villas condominium complex, and repairs on 11 others should be done by the end of this month.

This was the work from the town officials Monday, following an inquiry by News-Times staff on the status of the demolition/repair project at Peppertree Villas.  The complex had several buildings condemned in 2014, with additional buildings partly condemned later, leading one of Peppertree Villas' homeowner's associations to mark 14 building for demolition and 11 others to be repaired by replacing their condemned exterior decks, walkways and stairways.

According to Kim Tynes, town permit technician in the planning and zoning department, all required demolition has been completed at the condo complex, while five of the buildings slated for repair have received certificates of completion.

"Footings are completed for (buildings) 15 and 16," Ms Tynes said.  "They're currently working on footings on 17-19 and 25."

Due to its size, Peppertree Villas has multiple HOAs for different sections.  Town manager David Walker said the HOA in charge of the demolished section had gone into bankruptcy, thus the demolition was court-approved.

"The other units' homeowners' association chose to shut down voluntarily while they reconstructed outside stairwells," he said.  "Buildings 20-24 have been approved for occupancy and buildings 15-16, 17-19 and 25 hope to be completed for occupancy by the end of June, according to Peppertree officials."

Hope Carmichael, attorney with the Jordan Price Law Offices of Raleigh, is representing the Peppertree Villas HOAs in this project.  In an interview with the _News-Times _Tuesday, she confirmed the demolition has occurred and said she's requested an update on the repairs from the HOA, so she deferred to town officials on the current status.  

During the course of the project,_ News-Times_ staff has been contacted by several people who say they are owners of timeshares in Peppertreee Villas.  These individuals have expressed concerns about the project, primarily over not being able to access their units and having to continue to pay timeshare fees despite not being able to access them.

Ms Carmichael, in response to these concerns, said that if it happened to her she wouldn't be happy about it either, but unfortunately it's necessary to continue to collect the fees in order to fund the project.

"The HOA is a nonprofit organization," she said.  "It's unfortunate that (condemnation) happened, but from a legal standpoint, there's no legal relief (for the time-share owners).  

Ms. Carmichael said while some timeshare owners might look at their share as a vacation they pay for each year, the fees are to maintain the real property of their units.

"When you own a timeshare, you own an interest in real property," she said.


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## Shelleykc

*Peppertree Update*

Visiited Peppertree today on another one day beach pass.  Here is what I saw, work on the exterior staircase (beach side) of building 25 was only completed on the first level, active work being performed on the second level.  While the earlier posted newspaper article indicated Building 24 was complete, that is not so as I observed repairs being performed on levels two and three of the decks/walkways.  There is some encouraging news, work has begun on Building 17.  No change in the status of Buildings 18 & 19.  There was no active work going on for Building 15 & 16, it also showed no signs of occupancy.  But you will find this of interest...a small building is being constructed adjacent to the large pool (center of the razed round buildings).   My best guess is that it may be a bathroom/showers similar to the existing facility at the smaller pool.  The pool did not appear to be open, but the children's splash pad was open and in use during my visit.  I hope this information is helpful.


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## Mulligan101

*Thanks for the update*



Shelleykc said:


> The following is the content of the article in its entirety that appeared this past Sunday in _The News-Times_.
> 
> *ATLANTIC BEACH OFFICIALS SAY REPAIRS AT PEPPERTREE VILLAS TO BE DONE SOON* by Mike Shutak
> 
> ATLANTIC BEACH-Demolition has been completed for 14 buildings at Peppertree Villas condominium complex, and repairs on 11 others should be done by the end of this month.
> 
> This was the work from the town officials Monday, following an inquiry by News-Times staff on the status of the demolition/repair project at Peppertree Villas.  The complex had several buildings condemned in 2014, with additional buildings partly condemned later, leading one of Peppertree Villas' homeowner's associations to mark 14 building for demolition and 11 others to be repaired by replacing their condemned exterior decks, walkways and stairways.
> 
> According to Kim Tynes, town permit technician in the planning and zoning department, all required demolition has been completed at the condo complex, while five of the buildings slated for repair have received certificates of completion.
> 
> "Footings are completed for (buildings) 15 and 16," Ms Tynes said.  "They're currently working on footings on 17-19 and 25."
> 
> Due to its size, Peppertree Villas has multiple HOAs for different sections.  Town manager David Walker said the HOA in charge of the demolished section had gone into bankruptcy, thus the demolition was court-approved.
> 
> "The other units' homeowners' association chose to shut down voluntarily while they reconstructed outside stairwells," he said.  "Buildings 20-24 have been approved for occupancy and buildings 15-16, 17-19 and 25 hope to be completed for occupancy by the end of June, according to Peppertree officials."
> 
> Hope Carmichael, attorney with the Jordan Price Law Offices of Raleigh, is representing the Peppertree Villas HOAs in this project.  In an interview with the _News-Times _Tuesday, she confirmed the demolition has occurred and said she's requested an update on the repairs from the HOA, so she deferred to town officials on the current status.
> 
> During the course of the project,_ News-Times_ staff has been contacted by several people who say they are owners of timeshares in Peppertreee Villas.  These individuals have expressed concerns about the project, primarily over not being able to access their units and having to continue to pay timeshare fees despite not being able to access them.
> 
> Ms Carmichael, in response to these concerns, said that if it happened to her she wouldn't be happy about it either, but unfortunately it's necessary to continue to collect the fees in order to fund the project.
> 
> "The HOA is a nonprofit organization," she said.  "It's unfortunate that (condemnation) happened, but from a legal standpoint, there's no legal relief (for the time-share owners).
> 
> Ms. Carmichael said while some timeshare owners might look at their share as a vacation they pay for each year, the fees are to maintain the real property of their units.
> 
> "When you own a timeshare, you own an interest in real property," she said.



Thank you for posting this article.  A friend had messaged me that there was an article in the Sunday paper,  but I was not able to pull it up onlne.   If it were not for this forum and social media,  I don't suppose we would know anything at all about our "interest in real property ".  :annoyed:


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## Egret1986

*Thank you so, so much for all you've shared.*



Shelleykc said:


> Visiited Peppertree today on another one day beach pass.  Here is what I saw, work on the exterior staircase (beach side) of building 25 was only completed on the first level, active work being performed on the second level.  While the earlier posted newspaper article indicated Building 24 was complete, that is not so as I observed repairs being performed on levels two and three of the decks/walkways.  There is some encouraging news, work has begun on Building 17.  No change in the status of Buildings 18 & 19.  There was no active work going on for Building 15 & 16, it also showed no signs of occupancy.  But you will find this of interest...a small building is being constructed adjacent to the large pool (center of the razed round buildings).   My best guess is that it may be a bathroom/showers similar to the existing facility at the smaller pool.  The pool did not appear to be open, but the children's splash pad was open and in use during my visit.  I hope this information is helpful.



Yes, it is encouraging to hear work has begun on Building 17.  All your postings have been helpful.



Mulligan101 said:


> Thank you for posting this article.  A friend had messaged me that there was an article in the Sunday paper,  but I was not able to pull it up onlne.   If it were not for this forum and social media,  I don't suppose we would know anything at all about our "interest in real property ".  :annoyed:



We wouldn't know anything at all, that's for sure.  I feel for all the owners at PAB that have been affected by all of this and continue to be affected.  The owners that are not aware of TUG and info on social media really are in a pickle wondering what is going on and having absolutely no information coming from the resort, the HOA or Festiva.


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## allsmiles277

Thank you for all the recent updates. I am feeling better about week 35 in Building 25 now.


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## Shelleykc

NeedsAnswersPABII said:


> When you filed your complaint to NCDOJ what kind of documentation did you send? We want to make our complaint similar to yours to solidify all of our stance.



Did you receive the private messages I sent you two weeks ago?


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## mrkube

Shelleykc said:


> Did you receive the private messages I sent you two weeks ago?





I just found a note asking about filing a complaint with the NCDOJ. Didn't know that was a private message. Is that what you are referring to?


Sent from my iPhone using Tapatalk


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## Shelleykc

mrkube said:


> I just found a note asking about filing a complaint with the NCDOJ. Didn't know that was a private message. Is that what you are referring to?
> 
> 
> Sent from my iPhone using Tapatalk




User "NeedsAnswersPABII" had inquired about the documentation I used in my NC DOJ complaint, I had responded via private message with two messages sharing a copy of my complaint attachments which referenced the documentation that I had used in the original filing of the complaint. But I had not heard that this user had received the information so I thought I had better check.


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## NC Air

"buildings 15-16, 17-19 and 25 hope to be completed for occupancy by the end of June, according to Peppertree officials."

seems INCREDIBLY unrealistic given they haven't even started some of the buildings in this group of buidlings, and it's already mid June.  Perhaps they saved the easiest and fastest for last, but I think they are just blowing smoke.

Interesting about the pool that was previously in the area of buildings 1-9 which are now gone.  That HOA is bankrupt.  The pool was in their section.  So a new bathroom is being built.  Wonder which HOA is paying for it?  It's SOMEONE'S maintenance fees being used.  And obviously if they are building a bathroom, they plan to use the pool that the bankrupt HOA owns. 

The whole idea that they will sell the land in the very center of the resort to some other party that's not connected to Peppertree is laughable.  How would the people from HOA 3 even get to the beach without crossing thru the  new development that's not Peppertree. 

The land where the buildings once stood has signs marked with warnings to wear shoes, not to go barefoot since although it's sandy, who knows what is lying hidden in the sand from the debris.  I took pictures and posted them.  It looks surprisingly cleaned up and professional where they once stood.  It's only a matter of time before someone rebuilds, or why would they have left the pool and splashpad there.

I may be in the area again this weekend, and if i have time, I'll go in and take photos again.


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## Shelleykc

NC Air said:


> "buildings 15-16, 17-19 and 25 hope to be completed for occupancy by the end of June, according to Peppertree officials."
> 
> seems INCREDIBLY unrealistic given they haven't even started some of the buildings in this group of buidlings, and it's already mid June.  Perhaps they saved the easiest and fastest for last, but I think they are just blowing smoke.
> 
> Interesting about the pool that was previously in the area of buildings 1-9 which are now gone.  That HOA is bankrupt.  The pool was in their section.  So a new bathroom is being built.  Wonder which HOA is paying for it?  It's SOMEONE'S maintenance fees being used.  And obviously if they are building a bathroom, they plan to use the pool that the bankrupt HOA owns.
> 
> The whole idea that they will sell the land in the very center of the resort to some other party that's not connected to Peppertree is laughable.  How would the people from HOA 3 even get to the beach without crossing thru the  new development that's not Peppertree.
> 
> The land where the buildings once stood has signs marked with warnings to wear shoes, not to go barefoot since although it's sandy, who knows what is lying hidden in the sand from the debris.  I took pictures and posted them.  It looks surprisingly cleaned up and professional where they once stood.  It's only a matter of time before someone rebuilds, or why would they have left the pool and splashpad there.
> 
> I may be in the area again this weekend, and if i have time, I'll go in and take photos again.



It is my understanding that the three (now two) HOAs jointly contributed to the maintenance of the pool and splash pad.  As long as the structure under construction does not overlap onto the footprint of the previous real property of Phase I there is no reason it cannot be built.  You are correct, Phase II and Phase III maintenance fees would be funding the project.


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## CatCat

I want to express just how angry, disgusted, discouraged, dismayed and maybe even horrified I am at this whole debacle.  I am a property owner in building 18, having 2 units in week 30.  I paid my yearly maintenance fees, as much as I hated to do so.  I've even paid the $188 "special assessment" fee for this year.  NO apologies, NO remuneration, NO compensation...nothing, nada, zero...zilch.  Count me in regarding a class action lawsuit, and HELL YEAH as for a DOJ investigation!!


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## allsmiles277

I think you have a good chance on using your units this year.


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## CatCat

Maybe, but it's difficult to base your vacation plans on possibilities and chances, especially when they're tied to one specific week.  My parents were one of the very first HO at PAB, in Bldg. 1, Penthouse.  One of my sisters and one of my cousins were HO on the second floor, right below.  Many of my family have been going to PAB for over 35 years, and what has happened is beyond reprehensible.  I've already rented a two bedroom cottage not too far from there, but the anger and frustration aren't going away.  I've called PAB AND Festiva twice each this week, and I get nothing.


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## allsmiles277

The Inspections and Planning Office at Atlantic Beach NC is your best place to call for information. Festiva and the Board for Section II are in hiding and pathetic in communication. I wish Festiva would go somewhere else as well as the current Board members for Section II. The next management company could be worse if that was to happen. If Festiva and The Board for Section II had been doing their jobs this would not have happened.


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## allsmiles277

The biggest issue once the Buildings are ready is getting an inspection. If you get in line last you will be waiting and if something is still wrong and needs doing then that can add time to the Buildings being opened for occupancy. Festiva needs to get its act together. This whole thing has been a disaster and Festiva and The Board for Section II have been a disaster.


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## amycurl

Have any of you contacted Roy Cooper's office? I would assume so, with him having already taking action against Festiva in NC. But I would continue to call his office and explain the lack of communication you've been getting from Festiva and the Festiva-controlled HOAs. 

Secondly,  I would reach out to the reporter who wrote the recent article, and provide him with your side of the situation. Follow-up from the press is a good thing--it puts pressure on Festiva--and the press usually *wants* to follow-up, but they need new information--or a new source (you--with your unique perspective as a non-local owner!) to do so. 

I really feel for you guys.


----------



## bogey21

allsmiles277 said:


> This whole thing has been a disaster and Festiva and The Board for Section II have been a disaster.



I sympathize with you all.  No way you should have had to put up with all this.  But the bright side, as I see it, is that you are getting close to having it behind you.

George


----------



## Shelleykc

CatCat said:


> Maybe, but it's difficult to base your vacation plans on possibilities and chances, especially when they're tied to one specific week.  My parents were one of the very first HO at PAB, in Bldg. 1, Penthouse.  One of my sisters and one of my cousins were HO on the second floor, right below.  Many of my family have been going to PAB for over 35 years, and what has happened is beyond reprehensible.  I've already rented a two bedroom cottage not too far from there, but the anger and frustration aren't going away.  I've called PAB AND Festiva twice each this week, and I get nothing.



Your frustration and anger are mutually shared with the many Peppertree owners on this site.  I hope you and your family will consider filing a formal complaint against Peppertree, Festiva Development, Patton Hospitality etc. with the NC DOJ.  Ms Deborah Ahlman is the specialist assigned to Peppertree in the Attorney Generals' office.


----------



## NC Air

WOW , what a difference a week makes.
I was down here in early June to look at progress and came back again Friday 6/17 as I was in the area, and wanted a first hand update.  Don't think any of us trust what management is telling us, so it was good to see with my own two eyes.

the last update I saw here someone posted 6/12 and said nothing had happened on bldgs 17-18-19-24-25.

Flash forward to Friday 6/17 and it looks like virtually ALL of the reinforcement of the walkways on ALL of these 5 buildings looks complete or nearly complete.   GREAT NEWS....

See photos I took and compare the places with new lumber installed between the two dates.  There is DEFINITE progress on buildings 17-18-19 and I think even 24-25 look to have had the 45 degree angle supports replaced.  they look like they already had these 45 degree angle supports on 24-25 in my photos from 2 weeks ago, but that may have been existing wood from years ago.  Whichever it is, the are now replaced.  You can also see REALLY large horizontal beams on a regular basis under the floors of 2nd and 3rd floor all the way down from 25 to 17.

The stairways look about the same as the person who posted on 6/12, namely one stairway where the showers are that is complete from the parking lot up to the first floor.

There is construction material that appear to be future stairways and vertical supports for the stairs spread in front of all 5 of these buildings, and if you ask me, there's not that much of it remaining.  It just doesn't look like it's a lot of work (or material) left to do to finish the stairs.  Hopefully that means not much time needed to finish those stairs either.

As others have said though, waiting for the inspections and the certificate of occupancy is another matter.  I will give them credit though, they do appear to be picking up speed as this cursed project seems to be in the home stretch.

I asked about dates in mid to late July for buidlings 17-18-19-24-25 at the registration area, but am not confident at all in the info the young lady gave me.  Sorry, she just seemed to young and uninformed   But her answer was an immediate "no way will they be ready in July."  

I'm somewhat optimistic based on what I saw that this is wrapping up soon.




20160617_174104 by NC Air, (new building by former bldgs 1-9 pool?) on Flickr



20160617_174051 by NC Air, (backside of buildings 17-18-19)on Flickr



20160617_174030 by NC Air, (sie of building 17) on Flickr



20160617_173939 by NC Air, (buillding 19-18)on Flickr



20160617_173930 by NC Air, (buillding 18-17)on Flickr



20160617_173923 by NC Air, (buillding 19-18) on Flickr



20160617_173743 by NC Air, (bldg 17-18-19-24) on Flickr



20160617_173737 by NC Air, (bldg 25) on Flickr



20160617_173633 by NC Air, (bldg 24) on Flickr



20160617_173630 by NC Air, (bldg 24-25) on Flickr


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## Egret1986

*Thank you for the most recent update and newest pictures*



NC Air said:


> WOW , what a difference a week makes.
> I was down here in early June to look at progress and came back again Friday 6/17 as I was in the area, and wanted a first hand update.  Don't think any of us trust what management is telling us, so it was good to see with my own two eyes.
> 
> the last update I saw here someone posted 6/12 and said nothing had happened on bldgs 17-18-19-24-25.
> 
> Flash forward to Friday 6/17 and it looks like virtually ALL of the reinforcement of the walkways on ALL of these 5 buildings looks complete or nearly complete.   GREAT NEWS....
> 
> See photos I took and compare the places with new lumber installed between the two dates.  There is DEFINITE progress on buildings 17-18-19 and I think even 24-25 look to have had the 45 degree angle supports replaced.  they look like they already had these 45 degree angle supports on 24-25 in my photos from 2 weeks ago, but that may have been existing wood from years ago.  Whichever it is, the are now replaced.  You can also see REALLY large horizontal beams on a regular basis under the floors of 2nd and 3rd floor all the way down from 25 to 17.
> 
> The stairways look about the same as the person who posted on 6/12, namely one stairway where the showers are that is complete from the parking lot up to the first floor.
> 
> There is construction material that appear to be future stairways and vertical supports for the stairs spread in front of all 5 of these buildings, and if you ask me, there's not that much of it remaining.  It just doesn't look like it's a lot of work (or material) left to do to finish the stairs.  Hopefully that means not much time needed to finish those stairs either.
> 
> As others have said though, waiting for the inspections and the certificate of occupancy is another matter.  I will give them credit though, they do appear to be picking up speed as this cursed project seems to be in the home stretch.
> 
> I asked about dates in mid to late July for buidlings 17-18-19-24-25 at the registration area, but am not confident at all in the info the young lady gave me.  Sorry, she just seemed to young and uninformed   But her answer was an immediate "no way will they be ready in July."
> 
> I'm somewhat optimistic based on what I saw that this is wrapping up soon.
> 
> 
> 
> 
> 20160617_174104 by NC Air, (new building by former bldgs 1-9 pool?) on Flickr
> 
> 
> 
> 20160617_174051 by NC Air, (backside of buildings 17-18-19)on Flickr
> 
> 
> 
> 20160617_174030 by NC Air, (sie of building 17) on Flickr
> 
> 
> 
> 20160617_173939 by NC Air, (buillding 19-18)on Flickr
> 
> 
> 
> 20160617_173930 by NC Air, (buillding 18-17)on Flickr
> 
> 
> 
> 20160617_173923 by NC Air, (buillding 19-18) on Flickr
> 
> 
> 
> 20160617_173743 by NC Air, (bldg 17-18-19-24) on Flickr
> 
> 
> 
> 20160617_173737 by NC Air, (bldg 25) on Flickr
> 
> 
> 
> 20160617_173633 by NC Air, (bldg 24) on Flickr
> 
> 
> 
> 20160617_173630 by NC Air, (bldg 24-25) on Flickr



I believe all affected owners are on the edge of their seats waiting and wondering.

Those of you that have provided updates, pictures, links and information, are appreciated.  It is our only way of knowing what is going on at this resort and getting a visual on what stage of the construction that the buildings are in. 

I will be calling tomorrow to add a guest to my August week and do not know what I will encounter.  Fortunately, my guest is aware of what is happening at the resort.  She plans to vacation at the resort when a family member that is an affected owner will be vacationing at Peppertree.


----------



## CatCat

Thanks, ShelleyKC!  Believe me, I plan to!!  My daughter, who shares my units, is my "pit bull" on the case ;-)!


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## Mulligan101

*Thanks for the update and the photos*



NC Air said:


> Flash forward to Friday 6/17 and it looks like virtually ALL of the reinforcement of the walkways on ALL of these 5 buildings looks complete or nearly complete.   GREAT NEWS...
> 
> Thank you for the update and the photos.  Although it was too late for me to use my week this year,  it is encouraging to think that this debacle may end soon.


----------



## Shelleykc

CatCat said:


> Thanks, ShelleyKC!  Believe me, I plan to!!  My daughter, who shares my units, is my "pit bull" on the case ;-)!



You are very welcome, and thank you for willing to go the extra mile to file with the DOJ.  Strength in numbers!!


----------



## RLS50

I am not an owner, but have been following this saga via this thread.   First off, and most importantly, my sympathies to all owners who have had to endure this.

On one hand I guess it is good news that this specific issue appears to be nearing it's end.

On the other hand though, something Bogey21 said earlier it 100% true.  This was a bad situation that appears to have been made many times worse due to the total lack of transparency and communication owners received.   Communication is an absolutely critical component of professional crisis management.  

So the real question I still have is not when they are going to get done, but why such a glaring lack of transparency and communication for so many months?   Because that was the advice they received from their lawyers?   Should one take it as evidence of a total lack of respect, maybe even bordering on contempt for existing owners?  Or was it just evidence of basic incompetence and lack of experience?

No matter what the reason or rationale one uses to explain the complete lack of transparency and communication, if I was an owner I am not sure how I would ever trust these people again to be looking out for my best interests as an owner and fulfilling their fiduciary responsibilities with my annual MF's.

Fool me once.


----------



## allsmiles277

Thank you for all the photos.....next hurdle is Inspection's Office depending where Peppertree AB is in line and if it all is approved or if more repairs have to be done. I am keeping my fingers crossed. I will never forgive Festiva or The Board for Section II for the pathetic way they went about this process. They appear to be clueless and not care about the owners. We as owners need to fix this and only get a management company who we can trust and that goes double for Board members for Section II. Let's vote all of them out.


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## allsmiles277

Has anybody taken any more photos or have any information on Buildings 15 and 16 ? I am hoping the workers are close to being finished.


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## SheilaE

*Bldg 15*

About a week ago I sent an email to Member Services reminding them they have been lax in sending updates on bldg progress, availability, etc. The generic person answered with a generic reply and  said records show bldg 15 is open for occupancy. I would venture to say they know nothing. I just wanted to see what kind of reply I would get. :annoyed:


----------



## allsmiles277

Atlantic Beach Planning Department  
WebsiteDirections
City Government Office
Address: 125 W Fort Macon Rd, Atlantic Beach, NC 28512
Phone252) 726-4456


----------



## allsmiles277

Planning, Zoning & Inspections
PO Box 10
Atlantic Beach, NC 28512
Phone: 252 726-4456
Fax: 252 727-7043


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## allsmiles277

Just talked with Planning Office and they said they thought 15 and 16 have occupancy permits now but I have left a message for the Inspection's Dept last name Harrell and hope to get a call back with current valid information. I will post as soon as I hear back from the Inspection's dept.


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## allsmiles277

I got a call from Mr. Harrell of the Inspection's Dept and he has confirmed that Buildings 15 and 16 have Certificates of Occupancy.


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## Egret1986

*Thank you for the contact info and update on the building occupancies*



allsmiles277 said:


> I got a call from Mr. Harrell of the Inspection's Dept and he has confirmed that Buildings 15 and 16 have Certificates of Occupancy.



I've got just over 30 days until my week starts in building 17.  Fingers crossed.


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## allsmiles277

You are very welcome since THEY are the best source since Festiva and The Board for Section II hide things from us.


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## allsmiles277

Anybody heard anything about Buildings  17, 18, 19. 24 and 25  ????


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## NC Air

allsmiles277 said:


> Anybody heard anything about Buildings  17, 18, 19. 24 and 25  ????



Last I heard about those buildings was when I went in to take the most recent pictures that are posted here.  I was in the area and stopped in and asked at the registration desk, told them I read the newspaper article quoting end of June to finish everything. They laughed and said they didn't have any idea WHERE they got "end of June" from.  I said how about "end of July" for those buildings -17-18-19-24-25 and the rep at the front desk said chances for 17-18-19-24-25 to be open by end of July were slim to none, which was very discouraging.  I'm Still hoping they get their CO-certificate of occupancy- very soon, but I made other plans for this summer at Peppertree's recommendation.


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## allsmiles277

I just left a voicemail on John Harrell's line and hope to hear back from him today about 17, 18, 19, 24 and 25. I bet there are a truckload of people that wouldn't give a plug nickel for Festiva or The Board for Section II !!!!


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## Cancun1994

allsmiles277 said:


> I just left a voicemail on John Harrell's line and hope to hear back from him today about 17, 18, 19, 24 and 25. I bet there are a truckload of people that wouldn't give a plug nickel for Festiva or The Board for Section II !!!!



I own a Unit in Building 25 and was advised today and Monday it is now open.  I did call two times. Sure, can you tell I really trust these folks? Talked with two diiferent people


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## allsmiles277

How could anybody trust them now ??


----------



## golobj

*Festiva?*

I just went online to look at inventory available for exchange in Trading Places and found an exchange for PAB listed saying it is VRI.  I went to the VRI site and sure enough found PAB listed on their site.  Did the HOA change management companies to the good?


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## bogey21

Reading all these posts leads me to the conclusion that Festiva and the HOA are scum but that they are making progress and will ultimately get there.

George


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## allsmiles277

Good news for Building 24 & 25 owners.....I talked with the Planning and Inspections Office and the Occupancy permits for Buildings 24 & 25 have been issued. I don't know if that means they are open to owners. I am going to call Peppertree AB because I heard the new manager is asking employees to give owners information now.


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## allsmiles277

Peppertree AB just confirmed the information that Buildings 24 & 25 are open to owners as of a week ago.


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## allsmiles277

They think they might be finished with 17, 18 & 19 by the end of July but cannot guarantee that.


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## allsmiles277

golobj said:


> I just went online to look at inventory available for exchange in Trading Places and found an exchange for PAB listed saying it is VRI.  I went to the VRI site and sure enough found PAB listed on their site.  Did the HOA change management companies to the good?


I called Peppertree AB about this and VRI has 2 units in the whole complex and Festiva is still the management company.


----------



## NC Air

FYI the inspections department at Atlantic Beach will no longer give updates to callers.  I just tried and they referred me to "the new Regional Director up there at Peppertree, who has assured us they will give better updates to owners."

I gather that the town got just as sick of no answers being provided by Peppertree as we owners did, and hopefully have told them to get their act together.


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## allsmiles277

Yes....they told me the same thing when I called the other day.


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## allsmiles277

NC Air said:


> FYI the inspections department at Atlantic Beach will no longer give updates to callers.  I just tried and they referred me to "the new Regional Director up there at Peppertree, who has assured us they will give better updates to owners."
> 
> I gather that the town got just as sick of no answers being provided by Peppertree as we owners did, and hopefully have told them to get their act together.


The Inspection's Dept are PUBLIC servants so I don't think they can actually stop owners from calling them. They just want us to try Peppertree first and only call them when Peppertree won't provide us information that is up to date and be honest with us.


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## Shelleykc

*New manager?*



allsmiles277 said:


> Good news for Building 24 & 25 owners.....I talked with the Planning and Inspections Office and the Occupancy permits for Buildings 24 & 25 have been issued. I don't know if that means they are open to owners. I am going to call Peppertree AB because I heard the new manager is asking employees to give owners information now.



Who is this new manager you referred to and when did this happen?  Jeri Craine was still the manager on 10 June.  Thanks for any information.


----------



## allsmiles277

Shelleykc said:


> Who is this new manager you referred to and when did this happen?  Jeri Craine was still the manager on 10 June.  Thanks for any information.


I can't remember the name but I think he was referred to as the Regional Manager so I am not sure he is on site.


----------



## NC Air

Shelleykc said:


> Who is this new manager you referred to and when did this happen?  Jeri Craine was still the manager on 10 June.  Thanks for any information.



the town inspections dept called referred to the Peppertree person that has promised better updates and info as "the new regional Director" or "the new regional Manager" so I gather there is someone that has been added perhaps as another layer or who is finally aware they have done an unacceptable job with the communications.

FYI was there again this weekend.  They are quite a ways from finishing 17-18-19, judging from the amount of new material that has been delivered to the parking lot that wasn't there a few weeks ago.

Nobody was working Saturday or Sunday, but they were there working Monday.  I think the construction crew is doing just a Mon-Fri 9-5 schedule.

Separately, Was told the middle pool, the one where the mushroom buildings 1-9 surrounded it before they were demolished, is closed.  The small new building/shack that was constructed on the east side of the pool is for the new pump equipment but it's not done yet.  Pumps were previously in ground floor of one of the demolished buildings.  Sprayground/splashpad is working though..  Once the pump equipment is finished installation and testing and inspection then they'll open the pool sitting in the middle of the area that is now FOR SALE

[IMGR]

20160718_121852 by NC Air, on Flickr[/IMGR]
And lastly, there is a huge FOR SALE sign at the front entrance of Peppertree stating 4 acres for redevelopment.  I asked the registration people if that is the property from the bankrupt Phase 1 and was told indeed it is.  They don't know what will be built and what if any of Phase 2 and 3 amenities would be available to whomever comes in to build something on the Phase 1 property.  It's quite large: all the area surrounding the pool, the former indoor pool by the splashpad, the former outdoor pool, and the former standalone sales center that housed the former indoor and outdoor pools.  From there all the way over wrapping around behind the tennis courts.  Everything that was demolished.  Very interesting.  And whatever the sales price turns out to be, that covers the demolition cost and legal fees, and the former owners of phase 1 get nothing?

Found the property sales listing here by googling the phone number from the for sale sign, with a map and explanation of "opportunity to rebuild up to 84 condos at peppertree"  Price is $5 million.
http://www.crystalcoasthomesearch.com/homes/715-W-Fort-Macon-Road/Atlantic-Beach/NC/28512/64377396/

and a duplicate listing here
http://www.crystalcoasthomesearch.com/homes/715-W-Fort-Macon-Road/Atlantic-Beach/NC/28512/63977215/


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## allsmiles277

Very interesting......owners get screwed one more time !!!!


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## SheilaE

I find it interesting that our MF were increased to cover the common areas such as pool, which is closed, etc., that would have been covered by PABI but yet the area is for sale ... So begs the question.....


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## NC Air

SheilaE said:


> I find it interesting that our MF were increased to cover the common areas such as pool, which is closed, etc., that would have been covered by PABI but yet the area is for sale ... So begs the question.....



well if the for sale property map is accurate, they are selling the land around the pool but not the pool itself.  Phase 1 owned and maintained the pool.  If they sell the Phase 1 property but not the pool, who will pay for the pool now?  I assume Phase 2 and 3 will have to take it over, eventually along with whoever comes in and rebuilds phase 1.

Look at the wording in the ad.  Whoever builds the new phase 1 will have "full use of all amenities including beach access."

Would be nice if someone would come in. build the new Phase 1, buyout Festiva's management contract and kick them the hell out so we have someone else to deal with.


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## pedro47

NC Air said:


> well if the for sale property map is accurate, they are selling the land around the pool but not the pool itself.  Phase 1 owned and maintained the pool.  If they sell the Phase 1 property but not the pool, who will pay for the pool now?  I assume Phase 2 and 3 will have to take it over, eventually along with whoever comes in and rebuilds phase 1.
> 
> Look at the wording in the ad.  Whoever builds the new phase 1 will have "full use of all amenities including beach access."
> 
> Would be nice if someone would come in. build the new Phase 1, buyout Festiva's management contract and kick them the hell out so we have someone else to deal with.



Please be care fully for what you ask for.


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## allsmiles277

Yes....you could get SPM who are as bad or worse !!!


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## allsmiles277

"A unique opportunity to build up to 84 condominiums within an existing development at Atlantic Beach, North Carolina. This project replaces 14 demolished buildings within the pre-existing footprint. Streets, parking, sewer system, direct beach access to private ocean beach, 2 outdoor pools, 1 indoor pool, playground, plus other amenities galore are already in place. Total estimated value of all amenities and infrastructure is $2.9MM. You only have to build the buildings, which can be built in phases to limit your financial exposure. Permitting should be simple to re-create this highly profitable venture. City officials and the existing development will welcome this project."


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## allsmiles277

I had some friends that were at Peppertree AB last week and 17, 18, and 19 are still being worked on. It seems like most everybody appears to be happy that their weeks are available for use now except 17, 18 and 19 week owners. I hope those people will get their weeks for use this year before the summer runs out.


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## Egret1986

*I was contacted on 7/12 by resort that I should be able to use my week 32 Bldg 17*



allsmiles277 said:


> I had some friends that were at Peppertree AB last week and 17, 18, and 19 are still being worked on. It seems like most everybody appears to be happy that their weeks are available for use now except 17, 18 and 19 week owners. I hope those people will get their weeks for use this year before the summer runs out.



I just got back home this weekend and had a voice message from the resort that the building will be inspected on 7/29.  They wanted me to call the office to confirm they had the correct phone number.

I called yesterday and spoke to John to confirm my telephone number.  He reiterated on the phone that the resort expected Building 17 to be completed and issued an occupancy certificate on 7/29.  He stated that there had been no past issues with previous buildings that have been inspected.  

I am remaining very hopeful with low expectations.  I have a guest using the week.  She is well aware of the issues going on.  She is joining family for the week at Peppertree.  The family members are owners in Building 25.  It's really cutting things close with check-in on 8/7.


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## allsmiles277

I hope it all works out for the people and you.


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## Astroglass87

*Totally Ticked OFF - Peppertree AB*

My first time here.
As I read the comments it appears my wife and I are not alone. We have the last or next to last week in Aug in Bldg 22. We live in north central Virginia. As I was loaded and leaving for vacation Aug 2015 I stopped at the mailbox and got the bad news. We tried to work something ...anything ...out with them but in the end was told It's Not Going To Happen. After well over 20 years paying their fees (and for years there were no improvements to bldg 22) we get this.
Call us whatever you want (I see deadbeat below) I am not in the habit of paying for something I don't get. We have tried to communicate with PTAB and express our concerns but the replies we get are just like Hey, You Owe Us so Pay and read like they don't even read the letters.
I don't pay for what I do not get. I get bill after increasing bill and today a Special Assessment that already has late fees included.
I'm done with them and Zoolandia Capital. If I have to I will disconnect the home phone. I work a lot of midnight shifts and they continually wake me up and could care less that they are interrupting the 4 hours of sleep I get during the day. 
So call me deadbeat...whatever name you wish...I DON"T CARE. If they want money they can communicate and act professionally....but don't think that's going to happen any time soon.


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## allsmiles277

I don't blame you one bit.....everybody has been treated badly. Bottom line is they don't care...aka Board members for Section II and Festiva. If they sell the land that Buildings 1-14 for 5 million dollars do you think Peppertree AB will get benefits from the sale .....NOOOOOOOOOO !!!!! Management companies are crooks and line their pockets with money ANY WAY THEY CAN !!!! There may be a few management companies that do the right thing but Festiva is not one of them. And the Board members are spineless weasels. I would hate to see somebody lose their unit in Building 22 but I understand completely how you feel. Most owners have been treated like dogs in this mess. If they foreclose on your unit in Building 22 there will be someone who will buy it. Good summer weeks are the only value at Peppertree now especially prime time July weeks.


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## bogey21

Astroglass87 said:


> I don't pay for what I do not get. I get bill after increasing bill and today a Special Assessment that already has late fees included.



They may be slime but my advice if you like the Resort and want to use your Week in the future is to pay the money as distasteful as it may be.  Otherwise you will definitely lose your Week.  If, on the other hand, you have not interest in ever using your Week again, ignore them and prepare yourself to try and thwart their efforts to collect.

George


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## allsmiles277

Festiva never sends out certified mail and relies on regular post office mail so they have no proof that they sent any communication that you owe anything to them. That means they are not serious about collecting late fees. I guess they are too cheap to pay for anything other than regular mail. I think in most legal situations they don't have much of a leg to stand on. And if you protect yourself by placing your timeshare(s) in an LLC it further insulates you from losing personal possessions you have worked for all of your life. I am not saying that if you only own 1 timeshare that you need to do this but if you have several it could be a good idea for future reference. I also suggest talking to an attorney before doing any of this since they are familiar with the law.


----------



## NC Air

Astroglass87 said:


> My first time here.
> As I read the comments it appears my wife and I are not alone. We have the last or next to last week in Aug in Bldg 22. We live in north central Virginia. As I was loaded and leaving for vacation Aug 2015 I stopped at the mailbox and got the bad news. We tried to work something ...anything ...out with them but in the end was told It's Not Going To Happen. After well over 20 years paying their fees (and for years there were no improvements to bldg 22) we get this.
> Call us whatever you want (I see deadbeat below) I am not in the habit of paying for something I don't get. We have tried to communicate with PTAB and express our concerns but the replies we get are just like Hey, You Owe Us so Pay and read like they don't even read the letters.
> I don't pay for what I do not get. I get bill after increasing bill and today a Special Assessment that already has late fees included.
> I'm done with them and Zoolandia Capital. If I have to I will disconnect the home phone. I work a lot of midnight shifts and they continually wake me up and could care less that they are interrupting the 4 hours of sleep I get during the day.
> So call me deadbeat...whatever name you wish...I DON"T CARE. If they want money they can communicate and act professionally....but don't think that's going to happen any time soon.



Welcome to the site.  With a late Aug week in Bldg 22, at least you get to use your week this year.  Our week came and went, and I'm out the maintenance fee.  Thankfully there appears to be a light at the end of the tunnel and next summer we'll all be able to relax.  One thing that WON'T change is that Festiva will still be there and they'll still suck.


----------



## pedro47

Is this resort worth visiting in N.C. ?


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## allsmiles277

Peppertree was always one of my favorites in the past and maintenance fees continue to rise and make only prime summer weeks the only value at Peppertree now. Special assessments are a new thing to me and they are always a big surprise to new owners. Peppertree is not an ocean front complex. There is a road between the complex and the gazebo going out to the beach. The 2 bedroom units closest to the beach are very roomy in my opinion and the deck is fairly roomy for some units, Some units face towards the beach and the others face in the opposite direction from inside the unit. Once you get out on the deck you have a better view of ocean in some of the units. There are some near the elevator shaft in Buildings 19 and 18 that have a blocked view of the ocean because of the geniuses placement of the elevator shaft and deck work. I still like Peppertree but I despise Festiva and The Board for Section II. The Board members should all be voted out !!!


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## allsmiles277

Years ago I called the Town Office at Atlantic Beach, NC and asked them about the danger for children going out the gate into traffic and possibly getting hit by a car. I don't know if a child has ever been hit by a car there but it is still a very dangerous place for children especially if their parents are not paying attention. I am still concerned about this and slow down signs and speed bumps help but are not a permanent answer to the problem. Any ideas how this could be fixed out there ??


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## NC Air

pedro47 said:


> Is this resort worth visiting in N.C. ?





allsmiles277 said:


> Peppertree is not an ocean front complex. There is a road between the complex and the gazebo going out to the beach. The 2 bedroom units closest to the beach are very roomy in my opinion and the deck is fairly roomy for some units, Some units face towards the beach and the others face in the opposite direction from inside the unit. Once you get out on the deck you have a better view of ocean in some of the units.



Don't let the reply above make you think this isn't an oceanfront resort.  It is indeed oceanfront, as shown by the map below (and use google earth)






what the poster above describes about a road is a function of Atlantic Beach being a VERY NARROW ISLAND.  Only 30-40 houses in the entire town have a front porch that steps down onto the dune, if that's what your definition of oceanfront is.

The resort is surrounded by a quiet residential neighborhood (with access from the front off the busy main commercial road).  The whole neighborhood has a VERY QUIET residential road (1 car every 2 to 3 minutes at most) that runs parallel to the beach in between the first house on the beach and the rest of the houses.  ALL OTHER HOMES including the Peppertree resort are on the land-side of this road, meaning 99.9% of everyone at this beach whether at Peppertree or renting a beachhouse will walk across a TINY road before they hit the sand.  It's BARELY two lanes wide, and there's not even a painted stripe in the middle, it's THAT quiet and that narrow.



peppertree9 by NC Air, on Flickr

All the buildings numbered 17-25 are oceanfront built perpendicular to the beach.  Number 23 and 25 are the closest to the water.  All the others in this range are as oceanfront as you can get, given the  size of land the resort owns, and have various degrees of views, both unobstructed and partially unobstructed as the other poster noted.  The worst view is from building 17, as they built a freestanding elevator tower in front of it to service 17-18-19-24-25.

Buildings 15-16 an 32-33 are a short walk but other houses lie between them and the beach.  They are up in the air with a good view though.  Buildings  26-31 are about 5 minutes walk from the beach and you can't see any beach from them at all.  They are thew newest condos on property but in the worst location, in my opinion.  They are less "beachy" and seem more like an old fashioned motel with exterior doors opening directly to the parking lot like a Fairfield Inn or other lower-end chain.  Insides are nice, but the location is bad.   Because these are hidden from the beach, there's very little breeze, so mosquitoes are a nuisance only in these units when sitting outside on their back porch.  (All the other units except 26-31 are taller with their first floors actually being 1 level above the parking lot, so they always have a nice breeze and rarerly mosquitoes.)  The only reason I can think of wanting to stay in 26-31 would be so you're two steps away from the indoor pool, so perhaps in the dead of winter?  Otherwise you won't know you're at the beach at all.

There are presently no buildings 1-14 as they were all recently torn down and the homeowners association filed bankruptcy, which is what this thread is discussing.  The land where they used to be is currently for sale to have the condos rebuilt, but the current management can't build them because of punishment from the State Attorney General's office for shady, pushy, dishonest, and manipulative sales practices.  Eventually someone will come in and rebuild, and it remains to be seen what will happen between the two groups at that point.

It's a great resort and location to visit.  The management by Festiva sucks but if you're not an owner that won't concern you.  Enjoy.


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## allsmiles277

I call "oceanfront" not having to cross a paved road to get to the ocean.


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## allsmiles277

allsmiles277 said:


> I call "oceanfront" not having to cross a paved road to get to the ocean.


Simple Definition of oceanfront
: the land that is next to the ocean


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## allsmiles277

I would consider the "gazebo" at Peppertree AB to be oceanfront but would not consider Buildings 17-25 oceanfront.


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## allsmiles277

C:/Users/heaven/Downloads/PeppertreeabOceanRidgeRd.jpg


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## allsmiles277

I tried to post a Google Earth image


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## allsmiles277

How many "oceanfront " properties have you ever seen where you have to cross a paved road open to community traffic ?


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## allsmiles277

<object name="Slideshow" id="Slideshow" width="425" height="425" align="middle" codebase


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## allsmiles277




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## allsmiles277

The picture posted  is clearly crossing a paved road to get to the beach.


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## allsmiles277

land not labd


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## allsmiles277

Oceanfront - An oceanfront home has no homes or buildable lots located between it and the ocean. The distance between the home and the ocean may vary.


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## allsmiles277

Oceanfront Location
A property receives the “oceanfront” label -- and usually a higher price tag -- when the space between it and the beach is not an area where someone is allowed to build a road or another structure. It is worth noting that you may not be able to see the beach or the water in the horizon from your window. Thus, do not assume that the oceanfront property you are considering offers those sightseeing opportunities. When you rent a vacation home or reserve a hotel room over the Internet or telephone, be specific about what your view expectations are when communicating with customer service.


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## allsmiles277

Oceanside Location
At least one structure exists between a property categorized as “oceanside” and the seashore. You may also have to cross a road to reach the beach from an oceanside location.


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## allsmiles277

The map shown is not correct


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## NC Air

allsmiles. 
SETTLE THE HELL DOWN
geez

Pedro: I misquoted the building with the view obstructed by the elevator, it's 19 not 17.  Yes, it's an oceanfront resort.  Feel free to read allsmiles ten or twenty posts getting all wound up about definitions and google maps etc. 

I highlighted in yellow the area of houses that are between part of the resort and the beach.  Everything in the phot that's not in yellow is part of this oceanfront resort.






[/url]Capture by NC Air, on Flickr[/IMG]

Here's a screencapture from google maps satellite view.  The area closest to the beach is obvious.  There is nothing between you and the ocean except a small quiet residential road unless you are in the buildings farther around the corner.  The property is shaped like an upside down letter "L".  For what I think you're asking, yes, I'd call this oceanfront. 

 I think you can figure this out for yourself.  Enjoy your time.


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## allsmiles277

NC Air said:


> allsmiles.
> SETTLE THE HELL DOWN
> geez
> 
> Pedro: I misquoted the building with the view obstructed by the elevator, it's 19 not 17.  Yes, it's an oceanfront resort.  Feel free to read allsmiles ten or twenty posts getting all wound up about definitions and google maps etc.  I think you can figure this out for yourself.  Enjoy your time.


NC Air ....read the definition of Oceanfront in the Merriam dictionary and post a Google earth aerial photo and see who is correct. Apparently you think Ocean side = Ocean front and it doesn't.


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## pedro47

Good evening please chill all is well OK.


----------



## NC Air

allsmiles277 said:


> NC Air ....read the definition of Oceanfront in the Merriam dictionary and post a Google earth aerial photo and see who is correct. Apparently you think Ocean side = Ocean front and it doesn't.



it's 10 feet of pavement with maybe 50 cars in a DAY driving on it.  RELAX, that's what the beach is for.  Pedro can decide for himself if he wants to come here or not.  I'm not going to debate you trying to proved who's right and what some dictionary says, it's just stupid.  Have a nice weekend and get off the computer.


----------



## allsmiles277

NC Air said:


> allsmiles.
> SETTLE THE HELL DOWN
> geez
> 
> Pedro: I misquoted the building with the view obstructed by the elevator, it's 19 not 17.  Yes, it's an oceanfront resort.  Feel free to read allsmiles ten or twenty posts getting all wound up about definitions and google maps etc.
> 
> I highlighted in yellow the area of houses that are between part of the resort and the beach.  Everything in the phot that's not in yellow is part of this oceanfront resort.
> 
> 
> 
> 
> 
> 
> [/url]Capture by NC Air, on Flickr[/IMG]
> 
> Here's a screencapture from google maps satellite view.  The area closest to the beach is obvious.  There is nothing between you and the ocean except a small quiet residential road unless you are in the buildings farther around the corner.  The property is shaped like an upside down letter "L".  For what I think you're asking, yes, I'd call this oceanfront.
> 
> I think you can figure this out for yourself.  Enjoy your time.


Misquoted.....more like disallusional


----------



## allsmiles277

allsmiles277 said:


> Misquoted.....more like disallusional


Yes and that road is the reason Buildings 17-25 are not oceanfront. Thank you for making my case.


----------



## allsmiles277

allsmiles277 said:


> Yes and that road is the reason Buildings 17-25 are not oceanfront. Thank you for making my case.


The cottages on the north side of Ocean Ridge Rd are also not oceanfront. Only the cottages on the southern side are oceanfront.


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## allsmiles277

Oceanfront cottages are on the ocean front and have nothing in between their cottage and the ocean like a residential street.


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## allsmiles277

Just for informational purposes....do you consider the cottages enclosed in the yellow line on the north side of Ocean Ridge Rd to be oceanfront cottages which line up with Buildings 23 and 25 for the most part ?


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## allsmiles277

You sound like I don't like Peppertree. I love Peppertree and have been going there for at least 20-30 years. Don't think for a minute I do not like Peppertree AB. The beach will be mine in a few weeks. The 2 bedroom units in the area we are talking about is where I always want to be since they are more convenient to the beach. If Peppertree had built in the area where the gazebo is then I would say they were oceanfront just like the cottages on the southern side of Ocean Ridge RD. Ocean front to me means ocean front not across the street front.


----------



## allsmiles277

allsmiles277 said:


> You sound like I don't like Peppertree. I love Peppertree and have been going there for at least 20-30 years. Don't think for a minute I do not like Peppertree AB. 25E will be mine in a few weeks. The 2 bedroom units in the area we are talking about is where I always want to be since they are more convenient to the beach. If Peppertree had built in the area where the gazebo isthen I would say they were oceanfront just like the cottages on the southern side of Ocean Ridge RD. Ocean front to me means ocean front not across the street front.


Let's just agree to disagree. It's not a big deal. You think what you want to think and I will think what I want to think. All in all if you are staying in Buildings 17-25 and especially 23 or 25 you are in the right place for Peppertree instead of the ones on Fort Macon Rd and 16E is pretty good also.


----------



## allsmiles277

pedro47 said:


> Good evening please chill all is well OK.


Pedro.....yes Peppertree AB is a nice place. I have been going there for 20-30 years. The 2 bedroom units in the area of Buildings 17-25 is the best place to be as far as I am concerned. Buildings 23 and 25 are the closest to Ocean Ridge Rd and closest to the ocean. I consider Ocean Ridge Rd the main reason the Buildings are not ocean front. When you visit walk acroos the street up to the gazebo and the cottages to your left and right are what I consider ocean front since they are on the ocean front. You can't go wrong if you can get into 23 and 25 and second best would be 24 and 22. If you are looking towards the ocean from Peppertree AB the best unit on the right will be C and E. The best ones on the left will be D and F so 25 C and E are the best on the right and on the left 23 D and F would be the best in my opinion. The higher the letter the better the view. 25E and 23F are on the third floor and in my opinion the best units. You still have a view of the ocean from the inside of these units so the front door is angled out towards the ocean. There are some phone line obstructions but it is not too bad. There are also places to wash feet off before coming to the gazebo and also as you walk in the gate at Building 25 at ground level. If you need any more information please don't hesitate to ask me.


----------



## Kozman

allsmiles277 said:


> Pedro.....yes Peppertree AB is a nice place. I have been going there for 20-30 years. The 2 bedroom units in the area of Buildings 17-25 is the best place to be as far as I am concerned. Buildings 23 and 25 are the closest to Ocean Ridge Rd and closest to the ocean. I consider Ocean Ridge Rd the main reason the Buildings are not ocean front. When you visit walk acroos the street up to the gazebo and the cottages to your left and right are what I consider ocean front since they are on the ocean front. You can't go wrong if you can get into 23 and 25 and second best would be 24 and 22. If you are looking towards the ocean from Peppertree AB the best unit on the right will be C and E. The best ones on the left will be D and F so 25 C and E are the best on the right and on the left 23 D and F would be the best in my opinion. The higher the letter the better the view. 25E and 23F are on the third floor and in my opinion the best units. You still have a view of the ocean from the inside of these units so the front door is angled out towards the ocean. There are some phone line obstructions but it is not too bad. There are also places to wash feet off before coming to the gazebo and also as you walk in the gate at Building 25 at ground level. If you need any more information please don't hesitate to ask me.



I own 23D. Excellent view.


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## allsmiles277

Koz....I agree


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## Kozman

allsmiles277 said:


> Koz....I had some friends stay in 23D in the last week or so. It was week 29.



Mine is 16. Lost to Festiva. I won't be using it next year either since I made other plans because of the uncertainty. Week 16 weather is quite unpredictable. I've been there when it was very hot and very chilly. I'll be at AB soon at A Place ATB. A chance to get my NC fix.


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## allsmiles277

Kozman said:


> Mine is 16. Lost to Festiva. I won't be using it next year either since I made other plans because of the uncertainty. Week 16 weather is quite unpredictable. I've been there when it was very hot and very chilly. I'll be at AB soon at A Place ATB. A chance to get my NC fix.


I will be at AB in a few weeks.


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## allsmiles277

Koz....I have a friend who lives in Michigan.


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## allsmiles277

allsmiles277 said:


> Koz....I have a friend who lives in Michigan and worked for The Ford Motor Company. The area you are from is close to where he and his family live.


I think they live in Canton, Mi


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## NC Air




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## allsmiles277

*Are Peppertree AB units 17-25 considered oceanfront ?*

"I don't think of any units at Peppertree as being oceanfront...more like ocean view."


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## Egret1986

*Amen!*



pedro47 said:


> Good evening please chill all is well OK.



Good golly!

I have my opinion on oceanfront, not oceanfront regarding Peppertree AB. 

But opinions are like _______, everybody's got one. :ignore:


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## Egret1986

*Whoa....*



allsmiles277 said:


> This is a quote from a person who also has been going to Peppertree AB for years and I asked themthe question and this is what I got back from them. "I don't think of any units at Peppertree as being oceanfront...more like ocean view." I am not saying everybody thinks this but it would be interesting to see what people who have been going to Peppertree for years think about this. Since I am a guest I am not sure if I can start a thread on this. Would a member please start a separate thread on the question of whether Buildings 17-25 are considered oceanfront by owners. It would interesting to see the percentages.



Take it easy.

Really?  Is this necessary?  You seem to be getting really worked up over someone's personal opinion. 

You probably have the most posts on this thread of everyone combined.  Like many of us, you have been "worked up" over the issues with Festiva and the HOA.  Yet you have purchased more time at this resort during this thread's run.

Now you're "worked up" over someone stating their opinion whether the resort is oceanfront or not.  It's their opinion.  You've got an opinion.   I've got an opinion.

Does this really need to be settled?


----------



## allsmiles277

Egret1986 said:


> Take it easy.
> 
> Really?  Is this necessary?  You seem to be getting really worked up over someone's personal opinion.
> 
> You probably have the most posts on this thread of everyone combined.  Like many of us, you have been "worked up" over the issues with Festiva and the HOA.  Yet you have purchased more time at this resort during this thread's run.
> 
> Now you're "worked up" over someone stating their opinion whether the resort is oceanfront or not.  It's their opinion.  You've got an opinion.   I've got an opinion.
> 
> Does this really need to be settled?


Yes I admit I have worn it out so I started a new thread myself that is generic so people in this thread would not have to see it.


----------



## allsmiles277

Egret1986 said:


> Good golly!
> 
> I have my opinion on oceanfront, not oceanfront regarding Peppertree AB.
> 
> But opinions are like _______, everybody's got one. :ignore:


Thank you for your opinion.


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## Kozman

allsmiles277 said:


> I think they live in Canton, Mi



Canton is maybe 10 miles from me. That's not far at all. If you are ever in the area give me a contact. I live near the junction of 8 mile and I-275. Fun to discuss timeshare issues.


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## CatCat

OK, so...FYI...my week is (was) week 30 at PABII in Bldg. 18, for 2 units.  Whenever my daughter and I called them, AND called Festiva, we got nothing:  zero, zip, nada.  Well, my very intelligent daughter just happened to find the email addy of none other than the CEO of FESTIVA!!!  He attended ECU, as did I, and, unbeknownst to me, she wrote to him as if it was me, lol!  Just a few weeks later, I received an email from PAB, asking me to call them (they didn't have my best phone #); I called right away, and was told that they had 2 one-bedroom units for me in Bld. 31. I was astonished, needless to say.  EVERY SINGLE TIME that we'd called before they had told us that they would NOT offer anything to us.  My daughter and I agree that this was a result of the CEO's intervention.  I'm going to c/p the communication(s) that took place.

Sent: Friday, June 17, 2016 11:43 AM
Hi Mr. Patrick,

You don't know me but I am a fellow graduate of ECU and lifelong resident of Eastern Carolina. Our family have also been lifelong residents of Peppertree at Atlantic Beach, NC. As I'm sure you are aware the past few years have not been kind to the owners of the original buildings of Peppertree, but we kept our spirits up and kept moving forward. We now own two units in Phase "2" for the same week. We chose this week and this location out of loyalty and the fact that all the rest of our immediate family joins us at Peppertree and Atlantic Beach at the same time. Last year it was disconcerting to witness the warning tape affixed to our building but were assured that everything was being taken care of. Now, about a month away from our 35 year tradition of coming to Peppertree, we are being informed that our units will not be ready in time and that there are no alternative accommodations to be had. This is so upsetting to those of us that have dealt with the "blows" and have continued to be supporters of this resort. I attempted to contact customer relations only to be told that there was nothing to be done due to the HOA not allowing for any options. I do not understand this, it is not the HOA's name on the line here, it is Festiva at Peppertree whose name adorns the sign and I do not understand how a business can take our money, paid faithfully every year and not be offered alternative accommodations. Can you help me to understand this?

Thank you,

Cathy Moore

ECU Alum of '78

(I'm sending this from my daughters email because my computer is being repaired)  


Date: Mon, 20 Jun 2016 15:45:13 +0000

Cathy:



I appreciate your comments and share your frustration. The HOA is governed by a board of directors and Festiva nor I have been involved with this process that was brought on by the very aggressive actions of the Town of Atlantic Beach. The HOA Board of Directors hands were tied due to this action and had to move forward with the extensive and expensive rebuilding of the decks. In order to move forward, the HOA needed a $1 million financial commitment before for the repairs could commence. Unfortunately, the banking community was not forthcoming so one of Festiva’s affiliated company’s committed to loan the HOA funds for three years. Once this was done, the renovation began in January. Most of the buildings have reopened but it is my understanding there are a couple of more to be finished.



I know this has been difficult for hundreds of owners and wish the circumstances and timing could have been different. But as I said, the HOA Board had to make some difficult decisions within a short amount of time. I inquired this morning about the opportunity for owners who missed their vacation to be given an opportunity to use the resort later this year and was told that was being discussed and hopefully can occur. However, I am not on the board and cannot speak for what their ultimate policy will be.



I am sure this is an unsatisfactory answer for you but hopefully provided some clarification. For a better update please contact the resort directly.



Thank you,



Butch


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## allsmiles277

Don Clayton used to be the where Butch Patrick is now. I used to email Don Clayton all the time when I had any problems. I knew Don Clayton had retired in the recent past.


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## Egret1986

*I appreciate that.*



allsmiles277 said:


> Yes I admit I have worn it out so I started a new thread myself that is generic so people in this thread would not have to see it.






Like many owners on this thread, I'm looking for real information.

I'm glad the "oceanfront" debate has a separate thread. 

I was notified a couple of weeks ago that the inspection for Building 17 (where I have a unit) would take place on Friday 7/29.  I have check-in next Sunday.  I called today and was told that an answer would be provided on Wednesday and I should anticipate a call on Wednesday or Thursday.  It's down to the wire on this one.

This thread has been very helpful and I appreciate the information and pictures that have been provided.


----------



## Egret1986

*I own week 32 with check-in this Sunday. My unit has been rented for some time.*

I got the "call" at Noon today.  My unit will be available for check-in.

I feel very, very fortunate, knowing many lost the use of their week either last year or this year.

My renter was well aware of the goings-on at Peppertree.  She rented my week because she wanted to join family for the week who also own a week 32 in a different building at Peppertree.  I am very fortunate that she is my renter and hung in there this whole time.  She felt fortunate to find the week that she needed and was confident that I would refund her money at any time if she asked.  She has been pro-active in making calls and keeping up with things at the resort and the inspection office.

She paid in full at the time she rented. Neither of us thought that it would play out this long before knowing whether or not the unit would be available for her family's occupancy.

Thank you to my renter.  I hope you have a beautiful family vacation next week.  You've earned it!


----------



## carl2591

One of our first timeshare stays, after buying a south Africa week at Dikholo in dec 1998, was at PepperTree Atlantic beach. This being our first official timeshare week and not sure what to bring we actually had a 4x8 trailer full of stuff.. sheets, towels, pots etc and a desk top computer to boot.. 

yes we were green. 

We were assigned to stay in building 27 unit I which was a brand new unit and us being the first or second users in June of 1999.. We had a nice view of the retractable roof of the new pool area and liked the location of resort. 

Being across teh small street and having to walk across two parking lots to get to the private was not a big deal then. We had one small child so doing anything was an adventure with diaper bags, food bags, chairs etc. 

I noticed the round building and commented how quaint they looked but over all the looked in sorta shabby shape when compared to our new unit. 

We did the usual tour and was offered the usual week for an amouint I thought was outragus at the time. The SA unit we bought cost like 2K and the MF, at that time, was $130 a year so the number they sales person gave us for a week and ongoing MF was crazy in my mind so we passed on the deal. 

I think remembering seeing the other building under construction as the now 32 and 33 units. 

Have to say the unit we had was a nice layout, very well outfitted, and comfortable for sure.. We were quite impressed with the unit and resort. 

Its SAD to see what has happens to this once nice resort. When i read that Festiva had weaseled in I knew this was not a good thing and it seem this has been proven out. 

It will be interesting to see what happens to the phase 1 units that were torn down. Someone may come in an develop the property and try to sell the unit for 30K and MF of 900 of which I will not be a buyer. 

I thought when that happened the proceeds of the property when sold were distributed to the owner but I guess they got the shaft in this deal it appears.


----------



## Sugarcubesea

Kozman said:


> Canton is maybe 10 miles from me. That's not far at all. If you are ever in the area give me a contact. I live near the junction of 8 mile and I-275. Fun to discuss timeshare issues.



So excited to see another Tugger from MI. I'm from Novi/Northville.


----------



## jfrankjr

*Considering buying*

I found a one BR in building 15 that I was considering buying because the maintenance fees are cheap, and it's the right week for us.  But after reading this thread I'm not so sure!  Is there any kind of limit to how much they can raise the fees? And how often do they do these special assessments?  Also, are the units well maintained?   It seems to me that if they let the exteriors go to crap, they probably did the same to the interiors, right?


----------



## Egret1986

*I haven't stayed at this Atlantic Beach resort for awhile*



jfrankjr said:


> I found a one BR in building 15 that I was considering buying because the maintenance fees are cheap, and it's the right week for us.  But after reading this thread I'm not so sure!  Is there any kind of limit to how much they can raise the fees? And how often do they do these special assessments?  Also, are the units well maintained?   It seems to me that if they let the exteriors go to crap, they probably did the same to the interiors, right?



I can't comment on the interiors.  I was in Atlantic Beach in August, prior to selling my Atlantic Beach week 32 to this year's renter.  While it was a prime week, I was more than happy to sell it to them for the cost of closing, transfer and the two remaining special assessments.  I don't want any more dealings with Festiva.

No, there are no limits on maintenance fees.

I rode through the "resort" prior to making the decision to let my ownership go, while I was staying at another Atlantic Beach timeshare resort.  I found the Peppertree resort depressing with not much activity.  With the unknowns at Peppertree (sale of Phase I land), I went forward with the sale with no regrets.

That's just my own personal opinion.  My renter and I didn't find out this year whether or not the unit would be available until the week prior.  Fortunately, my renter hung in there with me to the end, and subsequently decided to purchase the week since her family vacations with other family members every week 32 at the resort.  The year prior, I was again fortunate.  Week 32 was the last week available for use prior to Phase II being closed.

I was one of the lucky ones not to lose use of my week.

As you've read in this thread, it's been a nightmare for many owners of the resort.  Will things improve now that the structural issues have been taken care of?  Who knows?  But you have to consider, why did Festiva and the HOA let things get to that point?  Think of all the owners that dutifully paid their maintenance fees, then the special assessment for 2016 and still didn't have use of their week.  I remember one owner in this thread that just wanted to come to the resort for day use during the week that they couldn't use because of repairs, and was treated rather shabbily.  

Communication from the HOA and resort, as you must have read, was very poor.

How many owners got fed up and just walked away from their obligation because of all of this?

When owners walk, maintenance fees go up, as the other owners' unpaid fees have to be absorbed by the remaining owners.

I'm out and happy about it. :whoopie:


----------



## NeedsAnswersPABII

Does anyone happen to know which buildings are open and which are still closed? We own in 19 and have received no information lately on when the buildings will be open or if they are open.


----------



## Kozman

NeedsAnswersPABII said:


> Does anyone happen to know which buildings are open and which are still closed? We own in 19 and have received no information lately on when the buildings will be open or if they are open.



I would think all work should be done by now. This thread has gone dead so I assume everything is fine and dandy at PAB and everyone is happy with Festiva.


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## allsmiles277

*Peppertree AB looks like a fortress on floors 1 & 2 !!!!*

The repair crew has done a great job on Peppertree AB. I was extremely impressed and there was plenty of parking spaces. I love the complex but I still am not liking the management and Board of Section II. I have made many comments during all this mess and I stand by all of my comments. And yes I have picked up several summer weeks that people were dumping. Like I said I love the complex and have for years but the management company and Board of Section II are still on my sh't list !!!!


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## Sandy VDH

Festiva has a horrible reputation.  I have a resort that was overrun by Festiva.  If I could give away my week I would.


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## Kozman

allsmiles277 said:


> The repair crew has done a great job on Peppertree AB. I was extremely impressed and there was plenty of parking spaces. I love the complex but I still am not liking the management and Board of Section II. I have made many comments during all this mess and I stand by all of my comments. And yes I have picked up several summer weeks that people were dumping. Like I said I love the complex and have for years but the management company and Board of Section II are still on my sh't list !!!!



When will the board be up for re-election? It will be interesting to see if anything changes in regard to the board or management.


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## allsmiles277

*I am sure that nothing will change*

I honestly don't think anything will change unless the maintenance fees keep going higher and they file for bankruptcy on Section II when everybody dumps them back in Festiva and The Board of Section II's hands.


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## allsmiles277

All the work was done by the second week in July or maybe the third. The complex looks like a fortress on floors 1 & 2. The repair guys did a great job.


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## Mulligan101

Kozman said:


> When will the board be up for re-election? It will be interesting to see if anything changes in regard to the board or management.



I just received an email; however, I have not been able to get the link to work.                    

PEPPERTREE-ATLANTIC BEACH ASSOCIATION II, INC.
VOTE REMINDER

(If you have already voted, please disregard this email.)

Dear Atlantic Beach II Owner:

If you have not already done so, please take a few moments now to complete your proxy for this year's Annual Meeting and Election of Directors.

To access the secure proxy voting site, please click on the link below and enter your Owner ID and Password below where prompted:

www.voteabii.com

The deadline to submit your proxy is Wednesday, November 9, 2016 5:00 P.M. EST

Thank you in advance for your participation.

PEPPERTREE-ATLANTIC BEACH ASSOCIATION II, INC.

Board of Directors


This site can’t be reached

www.voteabii.com’s server DNS address could not be found.
Search Google for voteabii
ERR_NAME_NOT_RESOLVED


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## Kozman

Mulligan101 said:


> I just received an email; however, I have not been able to get the link to work.
> 
> PEPPERTREE-ATLANTIC BEACH ASSOCIATION II, INC.
> VOTE REMINDER
> 
> (If you have already voted, please disregard this email.)
> 
> Dear Atlantic Beach II Owner:
> 
> If you have not already done so, please take a few moments now to complete your proxy for this year's Annual Meeting and Election of Directors.
> 
> To access the secure proxy voting site, please click on the link below and enter your Owner ID and Password below where prompted:
> 
> www.voteabii.com
> 
> The deadline to submit your proxy is Wednesday, November 9, 2016 5:00 P.M. EST
> 
> Thank you in advance for your participation.
> 
> PEPPERTREE-ATLANTIC BEACH ASSOCIATION II, INC.
> 
> Board of Directors
> 
> 
> This site can’t be reached
> 
> www.voteabii.com’s server DNS address could not be found.
> Search Google for voteabii
> ERR_NAME_NOT_RESOLVED



I got the e-mail too. If you already voted disregard? This is the first time I had any notification that there was an election upcoming. Nothing came in the mail either. It looks like the are pulling a fast one on the owners because they know if given enough time to react maybe they'd be out! Pathetic communication. Just checked. The link does not work. We are being had.


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## SheilaE

*correct vote online logon*

the correct login is www.votepabii.com


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## Kozman

SheilaE said:


> the correct login is www.votepabii.com



Thanks for the update. It looks like they are going to offer to replace our lost week. Good move. However, why such a short warning of an impending election? Only two positions open? One a Patton employee and another challenger? Or, are both running for reelection?


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## Shelleykc

*Annual meeting*

The meeting will be held in the Recreation Department at the resort (next to the office).  I called this morning when I realized there was a time and date but no place listed in the short notice letter.  I plan on attending.

There are two positions open, neither candidates offered by Peppertree Atlantic Beach II claim ownership at *our* resort.  

Is this supposed to be an annual owners meeting?  Why such short notice?  Why no opportunity to nominate actual owners to represent our interests?  Especially in light of everything that has happened at the resort since the last election. Obviously, they did not hesitate to contact owners via email when they want our proxy but did not bother to ask for nominations.  Does anyone on this site have or have access to the documents that spell out the provisions for PABII, INC board?  I for one, think the owners of Peppertree have been kept in the dark about the workings of the board and we certainly have plenty of "management" allegedly looking out for our interests.  (Which has not worked out too well for us).

Once again, we receive an undated letter with an "update" on work that was completed by the third week in August.  My letter was postmarked 1 Nov, received on 5 Nov for a 12 Nov meeting.  

Where is the replacement week inventory coming from?  There are a lot of owners that lost their usage since the resort closed phase II in August of 2015.  This morning I was told by Kelly that she believes there is a year to claim your replacement week.  Are the owners of these inventory units subject to maintenance and assessment fees as we are?  

Anyone have any answers or thoughts on this?


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## Kozman

Shelleykc said:


> The meeting will be held in the Recreation Department at the resort (next to the office).  I called this morning when I realized there was a time and date but no place listed in the short notice letter.  I plan on attending.
> 
> There are two positions open, neither candidates offered by Peppertree Atlantic Beach II claim ownership at *our* resort.
> 
> 
> 
> Is this supposed to be an annual owners meeting?  Why such short notice?  Why no opportunity to nominate actual owners to represent our interests?  Especially in light of everything that has happened at the resort since the last election. Obviously, they did not hesitate to contact owners via email when they want our proxy but did not bother to ask for nominations.  Does anyone on this site have or have access to the documents that spell out the provisions for PABII, INC board?  I for one, think the owners of Peppertree have been kept in the dark about the workings of the board and we certainly have plenty of "management" allegedly looking out for our interests.  (Which has not worked out too well for us).
> 
> Once again, we receive an undated letter with an "update" on work that was completed by the third week in August.  My letter was postmarked 1 Nov, received on 5 Nov for a 12 Nov meeting.
> 
> Where is the replacement week inventory coming from?  There are a lot of owners that lost their usage since the resort closed phase II in August of 2015.  This morning I was told by Kelly that she believes there is a year to claim your replacement week.  Are the owners of these inventory units subject to maintenance and assessment fees as we are?
> 
> Anyone have any answers or thoughts on this?



The owners of the lost weeks already paid their maintenance fees so that should not be a problem. Maybe these are weeks deeded back to the hoa.


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## Shelleykc

Kozman said:


> The owners of the lost weeks already paid their maintenance fees so that should not be a problem. Maybe these are weeks deeded back to the hoa.



Thanks for your input.   I know the reference for the replacement week is for the week we paid for and were not able to use because of the ongoing repairs.  Our week was in June when the repair work on building 18 had not even begun.   I just wish we were provided more information on the source of the ownership of the units being made available for these replacement weeks.


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## Kozman

I pulled up the ballot. Two people running. You don't have to vote for either but you can cast your vote for a quorum. With no notice of the election and no time to offer others to be on the ballot I see no point in voting. I can't believe we've been had so badly by Festiva/HOA.


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## Shelleykc

With no quorum there can be no election, nor can the sitting board conduct business.  Maybe that is the only hope for the owners to force more transparency. I have now received two emails and one letter trying to get me to either vote or not vote but give proxy for a quorum.  Too bad the board has not felt this kind of urgency in keeping the owners informed as to what was happening at Peppertree over the past few years.


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## Kozman

I suspect they will have enough considering they get to vote for the HOA owned units and the points trust. I wonder if the points folks were made to kick their fair share toward the special assessment. This 5 day notice is totally unexceptable. How did these two get on the ballot? Looks like they were hand picked by Festiva to help take over the board. Are the replacing owner board members or Festiva members?


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## Shelleykc

I have questioned all along whether every unit owner was assessed their fair share of the assessment. Based on the number of units (1 & 2 BR) in phase II, either not all owners were assessed their fair share or the current unit owners have been had on a very bad financing deal as the payback over three years is absurdly high.  And of course, the owners paying for this have never been notified of the terms of this financial agreement struck by the board with a Festiva entity.


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