# [2009] Westin Club Regina Special Assessment [MERGED]



## Wonka (Jun 9, 2009)

I just received a special assessment from Raintree Vacation Club, $666.

Isn't there some evil significance with that number?  Frankly, I'd probably sell my Westi  Regina for $666 if I could get it.


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## Elli (Jun 9, 2009)

Wonka said:


> I just received a special assessment from Raintree Vacation Club, $666.
> 
> Isn't there some evil significance with that number?  Frankly, I'd probably sell my Westi  Regina for $666 if I could get it.


Wonka, ours is for $724, which is one month's maintenance fee - must depend on the size of unit, we have a 1 bdr. lock-off.


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## aliikai2 (Jun 9, 2009)

*Is this that high for a single week?*

I was looking at a larger package of RVC, and based upon what you two have posted , the Special assessment is like a years worth of annual fees?? 

Greg


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## Wonka (Jun 9, 2009)

aliikai2 said:


> I was looking at a larger package of RVC, and based upon what you two have posted , the Special assessment is like a years worth of annual fees??
> 
> Greg



Yes, the Special Assessment is close the annual maintenance fee.  I have no idea how it was calculated, I think my maintenance fee last year was close to $800.  I have a one bedroom "Select" season unit (May/June/Sep/Oct).  I used to be able to trade for a 2 bedroom in high season, but haven't been able to for many years.


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## MuranoJo (Jun 9, 2009)

But it's a nice place.  Like it there.  Great location.  For what it's worth.


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## DonnaD (Jun 10, 2009)

*Assessment matches maintenance fees pretty closely.*

We have a double sapphire and our assessment is $2046 for 5 weeks of a 1 bedroom per year. They did offer a match on points up to 100,000 RCI point bonus good for 2 years. You would have to book 200,000 points and deposit 100,000 of your points to maximize the use. It can be consecutive weeks as long as you book them all in one reservation. I asked if you could reserve several units in the same week for a family reunion aqnd the representative said she would have to call me back. That was yesterday. I haven't gotten that answer yet.

I hate to pay the extra fees but I do like to see them upgrade the furnishings. Cancun furniture is much nicer but appliances still needed upgraded when we were there in January. We used internet in our room which was nice.

It is a tough time to ask people to come up with extra money.  
DonnaD


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## pgrrider (Jun 11, 2009)

Are you referring to the Westin Club Regina in Cancun,MX?

If so, we had a bad experience with them years ago, when we attended a TS "presentation".  Liked the looks of the units they showed us and decided to buy......  Placed a down payment of $8,000.00 on our credit card and after some thought, changed our minds (within 24 hours) and wrote a letter and went back the next day for a credit on our credit card.  After a lot of talk and discussion, they agreed to apply a credit to our card.   After 3 months, we still had NOT gotten the credit.....and my credit card company said that it was out of their hands since the transaction was done thru a Mexican bank.  

Finally, we did receive a credit......MINUS $280.00.... which was the difference in the exchange rate. Westin had waited until the exchange rate was in their favor to actually process the credit.........!!!!  A bad experience..!!


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## itgrafix (Jun 13, 2009)

*Don't just roll over*

Go to this complaints board and make yourself heard. What legal grounds do they have to charge this and where is the money going that has already been paid?

I for one am not about to roll over and hand them money, they are supposed to inform their members and allow votes, just cuz they're in Mexico and do as they please doesn't mean they can get away with it.

There's power in numbers!

I for one became ill from their A/C unit and will fight all the way.

Go to http://www.complaintsboard.com/comp...al-assessmentquot-c210535/page/5.html#c341505


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## MuranoJo (Jun 13, 2009)

I personally was talking about the PV location--not sure of the OP.


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## roysan (Jun 16, 2009)

*Looking for a way out of [my timeshare]*

With the exception of a few visits, I have grown tired of this timeshare and am looking to sell it for pennies on the dollar.  Any suggestions?


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## itgrafix (Jun 16, 2009)

*To sell or not*

I've been trying to sell mine online for a year, so who knows. Maybe you'll have better luck.

I know that some members are trying to file a class action lawsuit, you should definitely look into that as well.

As for myself, I spoke to someone at corporate and it was stated that if SA not paid then membership can't be used, but I don't know much else.

So that's all the news I have for now.


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## DeniseM (Jun 16, 2009)

roysan said:


> With the exception of a few visits, I have grown tired of this timeshare and am looking to sell it for pennies on the dollar.  Any suggestions?



Welcome to TUG!  

I deleted the name of you resort from your post, because we have a strict no advertising rule here.  

I suggest that you post it in the free TUG Classifieds for $1 and mention in the Ad that you will pay the transfer cost, which can be done for about $100.  If the resort charges a transfer fee as well, you may want to include that.

Right now the resale market is glutted with timeshares and that's the most reliable way to get rid of a TS quickly and cheaply.

Good luck!


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## benzbabe (Jun 17, 2009)

*$820.00 Fee due ASAP???*

I got a bill for the special assessment. fee for $820.00.  I own every other yr. in Cabo and that is more than my semi-annual maint. fee.  I find it VERY odd that, when CABO has been at 20 % occupancy and Cancun 22 % recently,  they need money for "upgrades".  I also do not see where this is legal.  I have called on 2 separate days and I have now sent 3 e-mails asking someone to get back with me. No one has contacted me todate.   I plan to contact the Attorney General in Texas to look into it.  We are in recession and it is not the time for "upgrades".  I am sure there are many people that cannot consider $820.00 for a vacation much less another timeshare fee.  Also NO ONE asked us to vote on these upgrades.  The OWNERS do have a say in these matters.  I would recommend all of you complain and NOT pay the extra fee.  For the record their "corporate office" is in Houston, Texas.  That is not anywhere on the bill!


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## ogden95 (Jun 17, 2009)

*Raintree Special Assessment*

There is a group of us that are trying to collect the contact information of a significant number of Raintree members that are in opposition of the Special Assessment (we have found that it's typically equal to your annual maintenance fee).  

We are working on a letter to Raintree and will include this contact information to demonstrate that we are willing to go beyond blogging.  

We are hoping that a member among us might have legal experience, or access to legal council, to provide advise about a possible class action suit.

If you are interested in sharing your information (name, address and phone) please contact me at ogden1995@aol.com.  I will NOT be publishing the list or sharing this information beyond a couple of other Raintree members with whom I am assisting.


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## stognietti (Jun 21, 2009)

*Consequences Raintree/Club Regina*

I have a question. I own numerous weeks with Club Regina/Raintree all paid for in full. What happens if I refuse to pay the assessment and just walk on these weeks? I bought them all on ebay not from the developer I am aware that makes no difference and it all goes back to the contract. I don't have the contracts as changing ownership was such a hard ordeal with Mexico City. Does anyone have any experience on abandoning a timeshare?


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## itgrafix (Jun 21, 2009)

*Trying to figure out same thing...*

http://www.complaintsboard.com/comp...al-assessmentquot-c210535/page/9.html#c349190

Join in on fighting, the link is above.

I've tried to ask same question but not getting closer to finding out, it's best to ask an attorney and have him go over the contract.


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## rlblack (Jun 22, 2009)

My opinion is, Raintree did not anticipate the extreme negative response from their members- since when the first "special assessment" happened- it was for an "act of nature"- a hurricane. I think most of us felt that was a justifiable assessment, and did not complain. This assessment, with the lists   "improvements"   appear to be on-going maintenance items.

If members that are opposed to the special assessment have not written, my suggestion would be to register your complaint- directly to Doug Bech dybech@raintreeresorts.com.   - explaining how you feel the assessment is unjustified. 

I believe that due to the member response- and the email I received  from Mr. Bech also-  they are re-evaluating and will be issuing some change of policy.   

Although I believe the "special assessment" was not reasonable-   I think if members act reasonably- management will also. No one wins except lawyers when a lawsuit is flied.

Rlblack


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## roysan (Jun 23, 2009)

*Cancel, surrender or give-away RVC membership*

I totally fed up with the whole notion of timeshares.  I want to free myself of this membership.  Can you surrender it, give it away, or cancel it if it is completely paid for?  At this point, I am willing to take the total loss and chaulk it up to a costly lesson learned.


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## Blondie (Jun 23, 2009)

rlblack is right. I emailed Mr Bech and had a very courteous response within two hours. My bill was cut in half after I complained--I own an EOY unit but I was billed the full amount of the assessment. 
They seem to be listening so get those email out.


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## x3 skier (Jun 24, 2009)

*Try a contact first*

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

Cheers


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## itgrafix (Jun 24, 2009)

*Why not DAE?*

Can anyone tell me why one cannot use DAE with Club Regina? I asked the reservation agent who was rude by the way to put my week into DAE and she said I can't because they are affliated with RCI only.

When speaking to DAE, I was told any timeshare can be deposited so why this hassle from them?

If anyone knows get back to me asap


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## Karen G (Jun 25, 2009)

tgrafix said:


> Can anyone tell me why one cannot use DAE with Club Regina? I asked the reservation agent who was rude by the way to put my week into DAE and she said I can't because they are affliated with RCI only.
> 
> When speaking to DAE, I was told any timeshare can be deposited so why this hassle from them?
> 
> If anyone knows get back to me asap


Club Regina probably can't deposit the week, but you can certainly deposit your own week.  You need to have a specific week reserved first. Then you deposit it yourself with DAE. Then when DAE gives that week to someone, you call Club Regina and tell them the name of the person who will be using your week.

That is the procedure we used once when we had given our Mexico week to DAE in exchange for a London week.


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## roysan (Jun 25, 2009)

*Walk on the membership*

Elsewhere on TUG I read that someone had filed a "quitclaim" and the TS resort reluctantly had to accept.  Anyone else have any insight?


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## rbarre (Jun 25, 2009)

*Raintree Special Assessment*

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


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## roysan (Jul 2, 2009)

*Special assessment withdrawn by RVC*

I just received and email stating that in the best interests of it's members, RVC has withdrawn the Special Assessment.  Although they also state that it will be revisted later this year after proving that existing maintenance fees cannot cover the cost of these rennovations and past maintenance fees have been applied properly....blah, blah, blah  May have won the battle but still may lose the war.  Expect them to cook up a set of books to substantiate their claims............


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## roysan (Jul 2, 2009)

*Club Regina special assessment refund*

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


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## dchapman3668 (Jul 2, 2009)

*Club Regina special assessment*

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

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

Thanks for any feedback or help.

Doug C


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## x3 skier (Jul 3, 2009)

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

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

Cheers


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## MR.TIMESHARE (Aug 18, 2009)

*Thank You Very Much*



rbarre said:


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



RBARRE,

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

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

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

THANKS,
FROM DAVE


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## Wonka (Nov 1, 2009)

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


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## rhonap (May 9, 2011)

x3 skier said:


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



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


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## Karen G (May 9, 2011)

rhonap said:


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


See post #17 of this thread.


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## aleksir (Nov 23, 2011)

*Proposed Nationwide Class Settlement in the Works*

I found this in court documents:

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

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

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

The class certification can be found here:

ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

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


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## T_R_Oglodyte (Nov 23, 2011)

aleksir said:


> I found this in court documents:
> 
> "WHEREAS, on September 28, 2011, counsel for the Parties reached an agreement in principle regarding the substantive terms of a settlement providing relief to members of a _proposed nationwide settlement class_"
> 
> ...


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


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## aleksir (Nov 24, 2011)

T_R_Oglodyte said:


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



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


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## timeos2 (Nov 24, 2011)

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


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## rlblack (Nov 24, 2011)

*I agree*

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

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


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## x3 skier (Nov 24, 2011)

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

Cheers


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## skj62 (Nov 29, 2011)

*Up goes the Maintenance fee*

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


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## aleksir (Dec 13, 2011)

*We'll find out soon*

The class:

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

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

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


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## x3 skier (Dec 13, 2011)

aleksir said:


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



I would guess that is to hide the lawyers fees.

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

Cheers


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## nyparadigm (Dec 14, 2011)

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

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

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

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

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

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

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


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

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


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## skj62 (Dec 15, 2011)

nyparadigm said:


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



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


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## skj62 (Dec 15, 2011)

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


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## aleksir (Dec 15, 2011)

skj62 said:


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



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

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

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

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

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

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

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

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

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


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## aleksir (Dec 15, 2011)

skj62 said:


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



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

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


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## x3 skier (Dec 15, 2011)

skj62 said:


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



+1

Cheers


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## aleksir (Dec 15, 2011)

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

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


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## T_R_Oglodyte (Dec 15, 2011)

aleksir said:


> I don't know what you're reading but the way I read it I get an additional week since I paid the assessment & both 2010/2011 MFs.
> 
> And I don't know how you value your week but I would say that mine is worth more than $25 to me.
> 
> ...



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

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

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


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## skj62 (Dec 15, 2011)

aleksir said:


> I don't know what you're reading but the way I read it I get an additional week since I paid the assessment & both 2010/2011 MFs.
> 
> And I don't know how you value your week but I would say that mine is worth more than $25 to me.
> 
> ...



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


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## skj62 (Dec 15, 2011)

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

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

So I paid an assessment equal to the maintenance fee and they are good enough to give me a week of points...The bottom line to me is if you refused to pay the assessment you get to keep your money and if you paid you get a week. I never wanted to pay to begin with but there is a moral issue here.


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## T_R_Oglodyte (Dec 15, 2011)

Ah - now I see the "logic" here.

Anyone who did not stay current on the annual assessment and special assessment lost their usage rights and had their membership suspended or terminated.  The supplemental points is a ham-fisted attempt to "square things up" in a way.

So ....


 Anyone who paid the special assessment gets one years worth of supplemental points.
 
 Anyone who paid an annual fee but didn't get to book a week because they weren't current on the special assessment gets that annual usage returned to them in the form of one years worth of supplemental points. If they paid two annual fees and were denied twice the get two years worth of supplemental points.
 
 Those who paid nothing - neither annual fees nor special assessments - get reinstated as owners upon paying their 2012 fees, but they get no supplemental points.  They lose two years of use, but then they didn't pay any fees either, so it's as if they got a two-year vacation from annual fees.
 
 The plaintiffs who started the class action get $3000 each for their trouble.
 
 The lawyers get something up to $1.75 million fees - I would imagine the final award will be about $1.5 million.


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## aleksir (Dec 15, 2011)

T_R_Oglodyte said:


> As I read the table it looks as if those who paid annual fees *and* paid the special assessment will get a single allotment of supplemental.  Whereas people who paid maintenance fees but declined to pay the special assessment will be rewarded by receiving a double allotment of supplemental points.  So not only does the second group pay less, they get a bigger reward in the settlement.
> 
> That doesn't make any sense - unless, perhaps, the plaintiffs who filed the suit might happen to fit into that category?????
> 
> Also the supplemental points are essentially surplus time, since they can't be booked more than 90 days in advance.  So this will mostly be filling up the property when it would otherwise have vacancies.



I understand your confusion and at first I was rather miffed that some folks were getting double supplements.   I think the key is that if you only paid 2 out of the 3 you were not allowed to use all of your weeks/points.  This is some kind of make-up.  Now the really lucky owners are the ones who paid the assessment,  2010 MFs, took their 2010 time but haven't paid 2011 MFs yet.  I would just hold out and get the double point windfall 

I missed the 90 days so I guess my best bet will be to find an SFX primetime trade week and use it that way.

All in all I at least am getting something vs. nothing, so overall I am happier with this settlement than without.


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## aleksir (Dec 15, 2011)

skj62 said:


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



You're reading it right.  They paid nothing and did not get any usage.  They declared deal wrong, stuck to their guns and get to rejoin the club without penalty.  I also understand your frustration but luckily you can opt-out and sue them yourself.  I'm assuming there has been a bunch of discovery done that will help your case.


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## x3 skier (Dec 16, 2011)

*Notice mailed yesterday*

Got this email today when I sent them a note stating I had not received any info on the settlement.

"Written notices of the proposed settlement were mailed yesterday, December 15, 2011.  You should receive your notice shortly.  The notice is also available for download on this web page, along with other information regarding the proposed settlement: http://www.girardgibbs.com/Raintree-Settlement.asp"

Cheers


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## cdn_traveler (Dec 16, 2011)

skj62 said:


> "I don't know what you're reading but the way I read it I get an additional week since I paid the assessment & both 2010/2011 MFs.
> 
> And I don't know how you value your week but I would say that mine is worth more than $25 to me."
> 
> So I paid an assessment equal to the maintenance fee and they are good enough to give me a week of points...The bottom line to me is if you refused to pay the assessment you get to keep your money and if you paid you get a week. I never wanted to pay to begin with but there is a moral issue here.


 
I agree, there is a moral issue here.  We paid the 2010 maintenance fees and also the special assessment.  However, our 2011 use year has not started yet, so we have not paid the 2011 fees.  Based on the proposed settlement, if I don't pay my 2011 fees, I will get 2x my 2010 points.  But if I do pay my fees when they are due, I will only get 1x the bonus points.  WHAT??!?!?!?!    
Will think on it some more, but I am seriously leaning not paying my 2011 fees.


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## T_R_Oglodyte (Dec 16, 2011)

cdn_traveler said:


> I agree, there is a moral issue here.  We paid the 2010 maintenance fees and also the special assessment.  However, our 2011 use year has not started yet, so we have not paid the 2011 fees.  Based on the proposed settlement, if I don't pay my 2011 fees, I will get 2x my 2010 points.  But if I do pay my fees when they are due, I will only get 1x the bonus points.  WHAT??!?!?!?!
> Will think on it some more, but I am seriously leaning not paying my 2011 fees.


Essentially the proposal amounts to treating the special assessment as an extra year of maintenance fees.  Then everybody gets usage rights corresponding to how many "years" of fees they paid.

If you paid both sets of maintenance fees and the special assessment, you get three years of usage.  But two of those years of usage already occurred because you had your normal usage rights in 2010 and 2012. But if you didn't pay both sets of maintenance fees and the special assessments, then the table lays out how everything gets squared up.  

The simplest case if you didn't pay anything, either annual fees or the special assessment.  Then, since you didn't pay anything, you don't receive anything. You simply get reinstated.

The complicated case is if you paid *two *sets of fees (in any combination of annual fees and special assessment). Then you are entitled to two years  of usage, but what you get in supplemental points depends on whether you did have any normal reservation rights during the period. If you happen to have gotten both of your years of ordinary usage, then you weren't denied any usage and you don't get any supplemental points. If you got one year of normal usage but your account was suspended for the second year, then you get one year of supplemental points to compensate you for the year of usage you were denied.  If your account was suspended both years, then you get two years of supplemental points because you were denied two years of usage.

If you paid only *one *set of fees (either one of the annual fees but not the SA, or the SA but none of the annual fees) then you are entitled to one year of usage. If during any of the years you had a normal usage, then you're even up and you don't get any supplemental points.  But if you did make one payment but were denied all usage because your account was suspended, then you get one year of supplemental points.

The table is confusing until you think it through, but I don't see where anyone is in a bonus situation regarding usage rights.  The people who are getting a double set of supplemental points are getting those because they were denied two years of ordinary usage.  Given the usage conditions on the supplemental points, I don't think they're as valuable as the normal usage weeks would have been.

********

The big "advantage" that I can see that comes out of this is that some folks who didn't make any (or all) of the payments get the equivalent of a payment holiday on their timeshare.  They get to skip one or two years of payments.  Also they get to reap the benefits of improvements made via the Special Assessment without having paid for those assessments.  I don't think the Supplemental Points given to those who did pay the assessment come anywhere close to what we paid.


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## aleksir (Dec 17, 2011)

T_R_Oglodyte said:


> I don't think the Supplemental Points given to those who did pay the assessment come anywhere close to what we paid.



Agreed.  And I'm glad the settlement enforces oversight on operations and Raintree should know that 'special assessments' are not an acceptable way to do business in the future.


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## skj62 (Dec 19, 2011)

I think the ones that really came out on top are those who did not pay the fees or assessment and rented a unit from a paying owner at the resort for half the price for the two years during their suspension. They got half price vacations paid nothing and got their weeks back.


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## Helja1157 (Jan 24, 2012)

*Raintree Resorts Class Action  Settlement*

We received a notice that there is a class action suit being heard on March 08,2012 against Raintree Vacation Club and Club Regina. I also noticed that it references "New Raintree Resorts International, LLC." I called the attorneys handling the class action suit and they informed me that the suit being filed has to do with the special assessment that was charged to the members last year. 
They had no information regarding the name, "New Raintree Resorts International LLC".

Would like to hear from other Club Regina members.


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## Corman (Jan 25, 2012)

wonder if doug beach is worried now. I think they are planning on challenging the validity of the special assessment.


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## T_R_Oglodyte (Jan 25, 2012)

There's an existing thread on both the class action and the proposed settlement order.

Click here.

To moderator: I suggest that the threads be merged to keep information in one location.


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## Corman (Jan 25, 2012)

So this is only for the owners who live in the USA? We canadian members won't benefit from the settlement at all?


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## alant (Feb 1, 2012)

*class action settlement and new Raintree pitch at Miners Club*

I have been a fully paid owner, sapphire level, for 7 years at Miners Club, Park City. I had paid 2010, 2011 fees and the special assessment. I anticipate receiving 130, 000 points for my extra payment. 

I was invited down to Miners Club by a new sales team pitching the following deal. I have 34 years left on my membership and I was asked to agree to pay about 9500 dollars, accept a reduction of my years left to 20, in return for an increase of my yearly points to 260, 000, elevating me to emerald level with diamond level privileges, being given full access to the Registry Club by 'deeding" me a Raintree Registry Property owner like Teton Club, and having a guarantee in writing against no future special assessments.

The sales people told me new special assessments are on the way and will occur as certain as the sun rises. The sales people also made me feel great by telling me all of the money I paid was sent to Mexico. They emphasized that no improvements were made to Miners Club. 

Now, as I read the proposed settlement, it seems that any future special assessments will require much review and justification. It is unclear to me if a legitimate future special assessment must be used for the owner’s specific property. 

I will not consider this offer as the main selling point is a guarantee against future assessments. The Raintree point expire if you don’t use them after 1 year delay and I have had some problems with using  130, 000 no less a future 260, 000. The emerald membership with diamond level access to the Registry Collection is questionable. How do I know if the Registry Collection won’t claim I am not equal in some way to other members? Or there is no way to tell if the Registry Collection will use some type of quota applied to the Raintree upgrade as proposed for me?

Any  comments on this new Raintree offer? Has anyone actually done this?


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## DonnaD (Feb 3, 2012)

*Upgrade in RVC is just accelerating your current level*

Hi, I am a member of Raintree at the double sapphire level: 260,000 points and we qualify as "Raintree Blue" members. What the salesman is pusing is an accelleration use of your membership. would you really want to pay that much money up front for the rights to pay higher maint. fees every year? We bought multiple memberships from ebay at almost nothing and then paid about $5500 to combine them into one contract. Our 260,000 points gets us 5 weeks and an extra weekend night in a one bedroom on hte beach in Mexico, which is where we enjoy our winter. We can accelerate by paying an extra maint. fee and then we have 10 weeks. It just draws down the number of years we have to use the resorts.  I would advise against the upgrade...especially when you are having trouble using all the points you own now.  I am in Mexico until 2/18...in beautiful Mazatlan, using the matching RCI points I got for paying my assessment to spend 6 weeks out of the Ohio winter in a lovely condo on the beach! 
Now they will grant me 260,000 points for paying my assessment...sounds good to me...   
If I can be of help, let me know.
DonnaD


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## aleksir (Feb 10, 2012)

I think the guarantee of no more special assessments is blowing smoke.  Since Raintree is settling their last special assessment and all the contracts are already fixed, I don't think they'll try it again.

We just finished our week in PV and were pitched the Raintree 7 or 15 plan.  I pay money, increase my annual fees and can pull in the contract term.  A quick analysis showed I'm paying more for the option over the life of the contract and since I'm still working I can't burn two weeks a year of my vacation at my timeshare.

I think only if you're in a position like Donna (lucky!) it may make sense.


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## nyparadigm (Mar 16, 2012)

*Settlement Agreement Approved by the Court*

FYI - 

A google search produced this link:

http://dockets.justia.com/docket/california/candce/4:2010cv03125/229798/

Scroll down a bit and you can download the pdf (the 2nd on the list), should you be interested.  It shows that the settlement agreement, as written, was approved by the court on March 13.  As I read it, the deal they informed us of is basically (exactly?)the deal that was approved.

Interestingly, the 1st pdf on the list approves $1.75MM for the attorneys.  Supposedly this isn't supposed to be funded with any maintenance increases...maybe they'll use the money they collected in the special assessment!

Chris


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## rlblack (Mar 16, 2012)

We are pleased that it is settled, and feel it is to the benefit of most members. We should all thank those that took the lead and spent thier time and energy to assist all of us.  No settlement is perfect, but this is certainly better position than we were at the beginning. And much better those of us that sat around  and did nothing more than complain. 

So... I say to all of you that worked to make this happen- thank you. We appreciate all you time, energy, and hard work.

rlblack


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