Sou13
newbie
Another Concerned Festiva Victim
http://www.tugbbs.com/forums/showthread.php?t=46418&highlight=Outfield+Marketing
http://www.tugbbs.com/forums/showthread.php?t=46418&highlight=Outfield+Marketing
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[2008] Southcape Resort
- Thread starter BM243923
- Start date
Rebecca
newbie
Southcape Owners Unite!
Hi All,
I have been doing some research into the on goings at Southcape in Mashpee, MA. I am currently in the process of compiling information about the situation. I have heard that people have been receiving "threats" from the Outside Marketing group that if they don't sign their deeds over to "the Trust" or some other entity then they will be subject to massive fees. DO NOT SIGN OVER ANY DEEDS WITHOUT FIRST CONSULTING AN ATTORNEY.
As of right now the "new management" team is not complying with its obligations under the trust that established this time share, and have not provided owners with information that it is required to provide.
There is something very strange going on with this new group, and it appears they are coaxing people out of their rightful ownership interests. By this post I am attempting to reach out to the owners at Southcape, so that we can have a presence at the next unit owners meeting, and hopefully not let the new management walk all over the current owners. - Owners be aware that you CAN have a vote at an owners meeting WITHOUT being present by assigning a proxy to vote on your behalf.
If you are an owner and you are interested in learning more about what is going on with Southcape, or if you can provide any information about your recent experiences with the "new management" please contact me at southcapeowners@gmail.com
If anyone has the Master Deed and Trust in pdf format, if you could email it to the above address, this would be helpful in my research.
Sincerely,
Rebecca
Hi All,
I have been doing some research into the on goings at Southcape in Mashpee, MA. I am currently in the process of compiling information about the situation. I have heard that people have been receiving "threats" from the Outside Marketing group that if they don't sign their deeds over to "the Trust" or some other entity then they will be subject to massive fees. DO NOT SIGN OVER ANY DEEDS WITHOUT FIRST CONSULTING AN ATTORNEY.
As of right now the "new management" team is not complying with its obligations under the trust that established this time share, and have not provided owners with information that it is required to provide.
There is something very strange going on with this new group, and it appears they are coaxing people out of their rightful ownership interests. By this post I am attempting to reach out to the owners at Southcape, so that we can have a presence at the next unit owners meeting, and hopefully not let the new management walk all over the current owners. - Owners be aware that you CAN have a vote at an owners meeting WITHOUT being present by assigning a proxy to vote on your behalf.
If you are an owner and you are interested in learning more about what is going on with Southcape, or if you can provide any information about your recent experiences with the "new management" please contact me at southcapeowners@gmail.com
If anyone has the Master Deed and Trust in pdf format, if you could email it to the above address, this would be helpful in my research.
Sincerely,
Rebecca
Spoke with Mr. Hagberg Today
He was very nice and informative. Our conversation led me to believe that there is not as much going on negatively as has been presented or possibly assumed. However I am basing this on my phone conversation with him
only.
Mr. Hagberg seems to be a professsional and also indicated that he is a property owner at Southcape who stated that his interests are in making Southcape the best Southcaoe it can be.
He stated that there will be transparency in the budgeting and dealings, and that to the extent Festiva ends up with a Points system, it will be optional, and they will not have voting rights as the voting rights will remain with the deeded owners.
He stated that New England Vacation Services LLC of which he is one of four principals, or managing members, and the other 3 are principals of Outfield Marketing.
He stated that the special assessment would raise sufficient funds in his professional opinion to upgrade and make neccessary repairs and improvements and taht there would be a budget and source and use of funds sheet prepared and distributed.
He stated that the Board of Trustees of Southcape was contemplating establishing an advisory council of selected owners to particiapte in decisions and assist in distributre information to other owners etc.
Further that the similarity between Southcape and Sandcastle were such in that he is the owner of a different entity that is involved in that.
He was very nice and informative. Our conversation led me to believe that there is not as much going on negatively as has been presented or possibly assumed. However I am basing this on my phone conversation with him
only.
Mr. Hagberg seems to be a professsional and also indicated that he is a property owner at Southcape who stated that his interests are in making Southcape the best Southcaoe it can be.
He stated that there will be transparency in the budgeting and dealings, and that to the extent Festiva ends up with a Points system, it will be optional, and they will not have voting rights as the voting rights will remain with the deeded owners.
He stated that New England Vacation Services LLC of which he is one of four principals, or managing members, and the other 3 are principals of Outfield Marketing.
He stated that the special assessment would raise sufficient funds in his professional opinion to upgrade and make neccessary repairs and improvements and taht there would be a budget and source and use of funds sheet prepared and distributed.
He stated that the Board of Trustees of Southcape was contemplating establishing an advisory council of selected owners to particiapte in decisions and assist in distributre information to other owners etc.
Further that the similarity between Southcape and Sandcastle were such in that he is the owner of a different entity that is involved in that.
Sou13
newbie
Hagberg/Outfield Marketing Connection
the other 3 are principals of Outfield Marketing!
The plot thickens!
http://www.tugbbs.com/forums/showthread.php?t=46418&highlight=Outfield+Marketing
the other 3 are principals of Outfield Marketing!
The plot thickens!
http://www.tugbbs.com/forums/showthread.php?t=46418&highlight=Outfield+Marketing
Rebecca
newbie
Sou13
newbie
Sou13
newbie
FAQ & Links for Point-based TS Systems
FAQ & Links for Point-based TS Systems
Festiva Resorts conversion to points
FAQ & Links for Point-based TS Systems
Festiva Resorts conversion to points
Sou13
newbie
Outfield Marketing's Outlandish Offers
Let's compare what Outfield Marketing (OM) offered us. I own a "float" week which I've always been able to reserve a year or more in advance in any available unit of my choice, for any week from September (?) to the end of May. According to the Festiva weeks chart, I own a "green" week in Southcape I. That week, according to OM Sales Rep Greg Hughes (GH), was worth 3500 points at the cost of $2900+190 closing costs. For 3500 points I had to sign off on my deeded week and pay $3185. My maintenance fee (MF) for membership in the FAC was supposed to be $575 and I was supposed to be able to expect it to stay lower than the Southcape MF.
My concern was that I would be unable to stay at Southcape in the unit/times I had reserved for 2009. When GH learned that I had reserved a split week, he supposedly made a call to his "boss" and relayed to me that I would no longer be able to split my weeks at Southcape but if I didn't let the front desk know that I was "converting" I should still be able to stay at Southcape during the times I had reserved.
When I was able to research the Festiva Adventure Club (FAC) and the points system I learned that I didn't have enough points to stay at Southcape during those times and that there was no guarantee of finding a unit available during those times, let alone finding anything available in Southcape I! That's when it really hit home how much I'd be losing by converting to points!
The more I thought about it, the worse it got. The biggest loss was the peace of mind of knowing that I had a reservation letter and that times in those units were mine to use or rent out if I could find someone willing to pay my asking price.
Then there was the loss of any say in What's to become of Southcape Resort. I learned from the Festiva discussion that all "converting" members are handing their votes over to Festiva!
When Rosaleen mailed me the minutes from the May 17, 2008 annual meeting I was appalled. Only 14 members present? Who were those members who cared enought about Southcape to go to that meeting?
Meanwhile, what about the "lower" MF of $575 promised by Sales Rep GH? I learned that it was based on the number of points and that it was raised in December! Not only is there no guarantee that it will stay lower than the Southcape MF, it would be higher as of Dec. 2008!
Then there were the resorts in the FAC. It turned out that Southcape is the only one within driving distance. The log cabins in Maine that GH made sound so appealing are on the Canadian border and I doubted that my son, who had rented a week at a resort in Southern Maine in July 2008, would be interested in taking his family there, especially during whatever weeks might be available for 3500 points.
When it comes to spending points in resorts in the FAC, I learned that only the first reservation is free. I would have to pay an administrative fee for splitting my week, and split weeks can't be reserved more than 45 days in advance. As far as I could see, it's not possible to stay one week at a resort that costs 2900 points and use the remaining points on a 4-day or 3-day stay, Please correct me if I'm wrong about this!
When I finally got through to Customer Service (CS) I learned that they didn't yet have the list of available inventory at Southcape. But the more I thought about it, the more I reasoned that whatever inventory might be available would (or should) be the inventory that nobody wants!
This may be just the tip of the iceberg of what is lost when Southcape owners fall prey to Outfield Marketing. For more on my concerns, read my previous posts. And stay tuned!
Let's compare what Outfield Marketing (OM) offered us. I own a "float" week which I've always been able to reserve a year or more in advance in any available unit of my choice, for any week from September (?) to the end of May. According to the Festiva weeks chart, I own a "green" week in Southcape I. That week, according to OM Sales Rep Greg Hughes (GH), was worth 3500 points at the cost of $2900+190 closing costs. For 3500 points I had to sign off on my deeded week and pay $3185. My maintenance fee (MF) for membership in the FAC was supposed to be $575 and I was supposed to be able to expect it to stay lower than the Southcape MF.
My concern was that I would be unable to stay at Southcape in the unit/times I had reserved for 2009. When GH learned that I had reserved a split week, he supposedly made a call to his "boss" and relayed to me that I would no longer be able to split my weeks at Southcape but if I didn't let the front desk know that I was "converting" I should still be able to stay at Southcape during the times I had reserved.
When I was able to research the Festiva Adventure Club (FAC) and the points system I learned that I didn't have enough points to stay at Southcape during those times and that there was no guarantee of finding a unit available during those times, let alone finding anything available in Southcape I! That's when it really hit home how much I'd be losing by converting to points!
The more I thought about it, the worse it got. The biggest loss was the peace of mind of knowing that I had a reservation letter and that times in those units were mine to use or rent out if I could find someone willing to pay my asking price.
Then there was the loss of any say in What's to become of Southcape Resort. I learned from the Festiva discussion that all "converting" members are handing their votes over to Festiva!
When Rosaleen mailed me the minutes from the May 17, 2008 annual meeting I was appalled. Only 14 members present? Who were those members who cared enought about Southcape to go to that meeting?
Meanwhile, what about the "lower" MF of $575 promised by Sales Rep GH? I learned that it was based on the number of points and that it was raised in December! Not only is there no guarantee that it will stay lower than the Southcape MF, it would be higher as of Dec. 2008!
Then there were the resorts in the FAC. It turned out that Southcape is the only one within driving distance. The log cabins in Maine that GH made sound so appealing are on the Canadian border and I doubted that my son, who had rented a week at a resort in Southern Maine in July 2008, would be interested in taking his family there, especially during whatever weeks might be available for 3500 points.
When it comes to spending points in resorts in the FAC, I learned that only the first reservation is free. I would have to pay an administrative fee for splitting my week, and split weeks can't be reserved more than 45 days in advance. As far as I could see, it's not possible to stay one week at a resort that costs 2900 points and use the remaining points on a 4-day or 3-day stay, Please correct me if I'm wrong about this!
When I finally got through to Customer Service (CS) I learned that they didn't yet have the list of available inventory at Southcape. But the more I thought about it, the more I reasoned that whatever inventory might be available would (or should) be the inventory that nobody wants!
This may be just the tip of the iceberg of what is lost when Southcape owners fall prey to Outfield Marketing. For more on my concerns, read my previous posts. And stay tuned!
Sou13
newbie
1990 Budget
For some reason I'm unable to scan that 1990 Budget that was included with the introductory letter from Barth and Woods. The reason I want to be able to copy and paste it here is that it lists Maintenance Fees from 2,200 Members. However, because it's columns, I don't know how to reproduce it here. When I tried attaching it to email it wouldn't attach no matter how many ways I tried to do it.
So for now, the most important item in the budget was the MF from 2,200 Members. We should have more Members in 2009, but who among us knows how to find out who they are?
For some reason I'm unable to scan that 1990 Budget that was included with the introductory letter from Barth and Woods. The reason I want to be able to copy and paste it here is that it lists Maintenance Fees from 2,200 Members. However, because it's columns, I don't know how to reproduce it here. When I tried attaching it to email it wouldn't attach no matter how many ways I tried to do it.
So for now, the most important item in the budget was the MF from 2,200 Members. We should have more Members in 2009, but who among us knows how to find out who they are?
Southcape was started I think around 1982. That is a long time to search for owners.Maybe, we can we can see how many people on Tug own there. I own a float week. Also, is any body paying the 400.00. Can we hold it in escrow?. Has the town of Mashpee been paid the old taxes?.
Members
There are 55 units if there are 52 weeks being offered that would equal approximately a potential for 2,860.00 members. As we all know there was unsold inventory which Mr. Hagberg and his partners purchased as New england Vacation Services, LLC. When I queried Mr. Hagberg about the $ 400.00 per week special assessment totalling $ 1,144,000.00 he indicated that there approxiamtely 500 weeks that never paid and that they were expecting to collect arounbd $ 900,000.00 +/-. If that is correct that would be in the vicinity of approximately 2,360 members. It would be interesting to determine if tyhe unsold inventory that NEVS and Outfield has purchased as well as the inventory theyare trying to acquire are paying their $ 400.00 assessment. I have paid mine.
There are 55 units if there are 52 weeks being offered that would equal approximately a potential for 2,860.00 members. As we all know there was unsold inventory which Mr. Hagberg and his partners purchased as New england Vacation Services, LLC. When I queried Mr. Hagberg about the $ 400.00 per week special assessment totalling $ 1,144,000.00 he indicated that there approxiamtely 500 weeks that never paid and that they were expecting to collect arounbd $ 900,000.00 +/-. If that is correct that would be in the vicinity of approximately 2,360 members. It would be interesting to determine if tyhe unsold inventory that NEVS and Outfield has purchased as well as the inventory theyare trying to acquire are paying their $ 400.00 assessment. I have paid mine.
Sou13
newbie
Email Attachments
bobcat, do I have your email address? If I don't, you can go to the sidebar and email me for the attachments (3 so far) I've been offering.
bobcat, do I have your email address? If I don't, you can go to the sidebar and email me for the attachments (3 so far) I've been offering.
Sou13
newbie
1990 Budget
I tried pasting part of the 1990 budget into this discussion and it's impossible for me to do this at this time. I've wasted too much time on this and the most important part of it is the # of Members (2,200) there were in 1990.
By Sanford's calculations, NEVS does not own enough weeks to be levying a $400 Special Assessment.
I hope that Rebecca is providing her services in behalf of her father and all the Southcape owners who are being swindled out of their weeks by Outfield Marketing.
My time is important to me but this is an urgent matter that affects my future at Southcape, which is why I've been making it such a priority here.
If/when my current problem with Outfield Marketing gets resolved, I'll let you know. In the meantime I would appreciate hearing from the Southcape owners who were supposed to get those email attachments. I know some of you got them, but what about the rest of you?
I tried pasting part of the 1990 budget into this discussion and it's impossible for me to do this at this time. I've wasted too much time on this and the most important part of it is the # of Members (2,200) there were in 1990.
By Sanford's calculations, NEVS does not own enough weeks to be levying a $400 Special Assessment.
I hope that Rebecca is providing her services in behalf of her father and all the Southcape owners who are being swindled out of their weeks by Outfield Marketing.
My time is important to me but this is an urgent matter that affects my future at Southcape, which is why I've been making it such a priority here.
If/when my current problem with Outfield Marketing gets resolved, I'll let you know. In the meantime I would appreciate hearing from the Southcape owners who were supposed to get those email attachments. I know some of you got them, but what about the rest of you?
Rebecca
newbie
Southcape Info
This is a work in progress, so some of the info may change/be added to, but for those of you who want this information....
Southcape was started in the early 80's as a phased condominium.
The first portion was done as Southcape I and encompassed units 1 through 31.
The second phase was done as Southcape II and had units 32 through 55.
What NEVS bought is mostly part of Southcape II. Due to the large number of owners (55 units times 52 weeks) and almost 20 year time period, it is hard to ascertain the current owners of all the units - hard because it is time consuming. The better measure would be to figure out what NEVS owns, that way we would be able to determine their percentage versus everyone else. I am working on this at the moment.
The only people who can make assessments are Trustees. Anyone who is in touch with the management company should ask for a copy of the minutes of the meeting where the trustees voted for an assessment.
This is a work in progress, so some of the info may change/be added to, but for those of you who want this information....
Southcape was started in the early 80's as a phased condominium.
The first portion was done as Southcape I and encompassed units 1 through 31.
The second phase was done as Southcape II and had units 32 through 55.
What NEVS bought is mostly part of Southcape II. Due to the large number of owners (55 units times 52 weeks) and almost 20 year time period, it is hard to ascertain the current owners of all the units - hard because it is time consuming. The better measure would be to figure out what NEVS owns, that way we would be able to determine their percentage versus everyone else. I am working on this at the moment.
The only people who can make assessments are Trustees. Anyone who is in touch with the management company should ask for a copy of the minutes of the meeting where the trustees voted for an assessment.
Sou13
newbie
By-Laws
Have you had any luck getting copies of the by-laws of the Community Association, Inc., the members of the Board of Trustees, the promised budget, to name just a few? I've tried several times and no response.
Have you had any luck getting copies of the by-laws of the Community Association, Inc., the members of the Board of Trustees, the promised budget, to name just a few? I've tried several times and no response.
Barnstable County records have a wealth of info
As previously mentioned, Barnstable county has on-line viewable legal documents. Search by address, 950 Falmouth and you can find documents that list the specific units acquired. I think this was in September 2008. The website does require either the latest Java or a specific app to view the doc's. If your using Java you have to set that preference at the start of your session. It's not the most user friendly website, but there are instructions on how to proceed. Everything should be here to construct what has legally transpired.
As previously mentioned, Barnstable county has on-line viewable legal documents. Search by address, 950 Falmouth and you can find documents that list the specific units acquired. I think this was in September 2008. The website does require either the latest Java or a specific app to view the doc's. If your using Java you have to set that preference at the start of your session. It's not the most user friendly website, but there are instructions on how to proceed. Everything should be here to construct what has legally transpired.
Sou13
newbie
Thanks for your help!
How are things going at Sandcastle? No posts mean no news is good news? I hardly think so!
How are things going at Sandcastle? No posts mean no news is good news? I hardly think so!
Sou13
newbie
"Projects no longer in active sales"?
This one is worth revisiting. Thanks again, gravityrules!
This one is worth revisiting. Thanks again, gravityrules!
Sou13
newbie
1990 Budget
At long last and with a great deal of frustration and effort I have finally been able to email that long-overdue budget to email subscribers AS AN ATTACHMENT!
I have so much more to learn about the possibilities of TUG and email attachments, to name just a few of the challenges facing me.
I appreciate any help I can get here!
At long last and with a great deal of frustration and effort I have finally been able to email that long-overdue budget to email subscribers AS AN ATTACHMENT!
I have so much more to learn about the possibilities of TUG and email attachments, to name just a few of the challenges facing me.
I appreciate any help I can get here!
Sou13
newbie
Reply to email request for info
The by laws are not in a form we can email to you easily but I have attached a link that will take you to them.
www.southcaperesort.com/masterdeed.html
The trustees are Clifford Hagberg, Steven Lamantia and Thomas C. Franks and we can all be reached in care of the resort.
I have also attached a copy of the 2009 Operating Budget
Please let me know if I may be of further assistance.
Cliff Hagberg
The by laws are not in a form we can email to you easily but I have attached a link that will take you to them.
www.southcaperesort.com/masterdeed.html
The trustees are Clifford Hagberg, Steven Lamantia and Thomas C. Franks and we can all be reached in care of the resort.
I have also attached a copy of the 2009 Operating Budget
Please let me know if I may be of further assistance.
Cliff Hagberg
Sou13
newbie
Master Deed and Budget
Was that master deed there all along and we just never found it?
If anyone reading this post has not yet received the email attachment of the 2009 Budget, please email me if you own a week at Southcape!
Was that master deed there all along and we just never found it?
If anyone reading this post has not yet received the email attachment of the 2009 Budget, please email me if you own a week at Southcape!
Sou13
newbie
Purchaser Acknowledgment and Addendum
I/We understand and acknowledge the following:
1. That we have purchased the fol1owing Membership:
Membership Level: _____________Term/Non-Specific Use Points: ____________/________________ To Expire On ________________Initial Calendar year: ____________
2. That we are of legal age and can afford to purchase our Membership, including the down payment of $___________________ and monthly installments of $_______________ each for ____________________months.
3. That this purchase is made for our personal use and enjoyment, although not homestead, without reliance or representations concerning rentals, rent return, tax advantage, depreciation, investment potential, or other monetary or financial advantage made by seller, its agents, employees or associates, and that we will not use the Membership as our principal residence.
4. That there are no separate agreements for the repurchase, resale or rental of our Membership, but that we may seek to do so on our own through a sales agent of our choice.
5. That all understandings and agreements between the parties are set forth in writing in the Purchase and Security Agreement or a written addendum thereto and initial Club Documents.
6. That our Membership has been submitted to a points based program and we may occupy units within the Club by making reservations pursuant to the procedures set forth in the Rules and Regulations. We may vacation in increments of seven (7), four (4), or three (3) nights based on availability and our annual allotment of points. Check-in is typically 4:00 PM and check-out is typically lO:00 AM but may vary by resort.
7. That the current maintenance fees are $ __________ and are due and payable no later than January lst in each usage year. The maintenance fees are calculated with a base fee plus a per point fee. The maintenance fees must be paid even if we do not use our membership in our usage year. The amount of Purchaser's Standard Assessment each year may vary and will be determined by the Board, pursuant to an annual budget that will be prepared by the Manager and approved by the Board. If Purchaser has current year usage, a maintenance fee invoice will be sent within 60 days of the purchase date.
8. Seller and the Association have entered into an affiliation agreement with an independent exchange company under which it has agreed to offer its reciprocal exchange services to Members of the Club. Purchaser's participation in such exchange program is voluntary and subject to the payment by Purchaser of such fees as are required from time to time by the exchange company for external exchange services. Seller makes no representations concerning the current or future services to be provided by such exchange company, the cost, continued availability, success, or possible failure of the exchange program, or the Association's relationship with the exchange company. Any representations made regarding the exchange company by its agents or employees or within the literature, brochures, or videos prepared or provided by the exchange company are solely the representations of the exchange company and should not be relied upon as being the representations of Seller.
9. That we must abide by all occupancy restrictions that apply to our Membership and that no pets or animals of any kind are permitted, except for properly licensed service animals for disabled persons.
lO. That in order to reserve a unit we must contact Central Reservations via telephone, fax, email or the online reservations form at www.festivaresorts.com. Reservations requests will be granted on a first-come, first-served, space available basis and a confirmation number will be issued for all confirmed reservations. We must be current in the payment of all maintenance fees and loan payments, if any, in order to reserve a unit.
11. That upon the request of Seller or Seller's agent, we agree to re-execute and/or initial any and all closing documents in order to correct any clerical, scrivner's, typographical, or other similar errors contained therein within 30 days from date of notice to us of such errors.
12. That there are no separate agreements for the resale of another vacation ownership interest at this or any other resort. Seller may recommend a resale agent, but Seller is not obligated to assist us with any aspect of the resale and we are responsible for all communications with the resale agent. We further understand that the purchase of our Membership is not contingent upon the resale of another vacation ownership interest and if another vacation ownership interest is not resold within a certain period of time, we will not be entitled to a refund of any kind.
13. That I have received the following products related to my Festiva Resorts Adventure Club Purchase:
• Interval International Resort Directory
• Interval International Buyer’s Guide
• Festiva Resorts Directory including Points Chart
• Festiva Resorts Adventure Club Rules and Regulations
I/we understand if I/we chose not to convert to the Festiva Adventure Club I/we will retain all the current benefits. privileges and use rights in my existing plan.
I/we understand the purchase price to convert to the Festiva Adventure Club does not include any future maintenance fees. The purchase price does include the first year membership fees in Interval International.
It has not been represented to me that if I chose not to convert to the Festiva Adventure Club my current maintenance fees will increase in an unreasonable and excessive manner.
I/we understand there has been no representation of past or future monetary value of my current ownership.
The benefits of the Festiva Adventure Club have been explained to my satisfaction.
My representative was courteous, well informed and has provided information to my satisfaction.
FESTIVA RESORTS ADVENTURE CLUB/NEVS
Purchaser Acknowledgment
Purchaser Acknowledgment
I/We understand and acknowledge the following:
1. That we have purchased the fol1owing Membership:
Membership Level: _____________Term/Non-Specific Use Points: ____________/________________ To Expire On ________________Initial Calendar year: ____________
2. That we are of legal age and can afford to purchase our Membership, including the down payment of $___________________ and monthly installments of $_______________ each for ____________________months.
3. That this purchase is made for our personal use and enjoyment, although not homestead, without reliance or representations concerning rentals, rent return, tax advantage, depreciation, investment potential, or other monetary or financial advantage made by seller, its agents, employees or associates, and that we will not use the Membership as our principal residence.
4. That there are no separate agreements for the repurchase, resale or rental of our Membership, but that we may seek to do so on our own through a sales agent of our choice.
5. That all understandings and agreements between the parties are set forth in writing in the Purchase and Security Agreement or a written addendum thereto and initial Club Documents.
6. That our Membership has been submitted to a points based program and we may occupy units within the Club by making reservations pursuant to the procedures set forth in the Rules and Regulations. We may vacation in increments of seven (7), four (4), or three (3) nights based on availability and our annual allotment of points. Check-in is typically 4:00 PM and check-out is typically lO:00 AM but may vary by resort.
7. That the current maintenance fees are $ __________ and are due and payable no later than January lst in each usage year. The maintenance fees are calculated with a base fee plus a per point fee. The maintenance fees must be paid even if we do not use our membership in our usage year. The amount of Purchaser's Standard Assessment each year may vary and will be determined by the Board, pursuant to an annual budget that will be prepared by the Manager and approved by the Board. If Purchaser has current year usage, a maintenance fee invoice will be sent within 60 days of the purchase date.
8. Seller and the Association have entered into an affiliation agreement with an independent exchange company under which it has agreed to offer its reciprocal exchange services to Members of the Club. Purchaser's participation in such exchange program is voluntary and subject to the payment by Purchaser of such fees as are required from time to time by the exchange company for external exchange services. Seller makes no representations concerning the current or future services to be provided by such exchange company, the cost, continued availability, success, or possible failure of the exchange program, or the Association's relationship with the exchange company. Any representations made regarding the exchange company by its agents or employees or within the literature, brochures, or videos prepared or provided by the exchange company are solely the representations of the exchange company and should not be relied upon as being the representations of Seller.
9. That we must abide by all occupancy restrictions that apply to our Membership and that no pets or animals of any kind are permitted, except for properly licensed service animals for disabled persons.
lO. That in order to reserve a unit we must contact Central Reservations via telephone, fax, email or the online reservations form at www.festivaresorts.com. Reservations requests will be granted on a first-come, first-served, space available basis and a confirmation number will be issued for all confirmed reservations. We must be current in the payment of all maintenance fees and loan payments, if any, in order to reserve a unit.
11. That upon the request of Seller or Seller's agent, we agree to re-execute and/or initial any and all closing documents in order to correct any clerical, scrivner's, typographical, or other similar errors contained therein within 30 days from date of notice to us of such errors.
12. That there are no separate agreements for the resale of another vacation ownership interest at this or any other resort. Seller may recommend a resale agent, but Seller is not obligated to assist us with any aspect of the resale and we are responsible for all communications with the resale agent. We further understand that the purchase of our Membership is not contingent upon the resale of another vacation ownership interest and if another vacation ownership interest is not resold within a certain period of time, we will not be entitled to a refund of any kind.
13. That I have received the following products related to my Festiva Resorts Adventure Club Purchase:
• Interval International Resort Directory
• Interval International Buyer’s Guide
• Festiva Resorts Directory including Points Chart
• Festiva Resorts Adventure Club Rules and Regulations
NEVS/FESTIVA RESORTS ADVENTURE CLUB
Addendum to Purchaser Acknowledgment
Addendum to Purchaser Acknowledgment
I/we understand if I/we chose not to convert to the Festiva Adventure Club I/we will retain all the current benefits. privileges and use rights in my existing plan.
I/we understand the purchase price to convert to the Festiva Adventure Club does not include any future maintenance fees. The purchase price does include the first year membership fees in Interval International.
It has not been represented to me that if I chose not to convert to the Festiva Adventure Club my current maintenance fees will increase in an unreasonable and excessive manner.
I/we understand there has been no representation of past or future monetary value of my current ownership.
The benefits of the Festiva Adventure Club have been explained to my satisfaction.
My representative was courteous, well informed and has provided information to my satisfaction.
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Sou13
newbie
Reply to Sanford
I've been wondering whether anyone's been receiving the emails with attachments I've been sending out. I'll send it again, along with a message that you should be looking for it.
The above is the acknowledgment that Southcape owners sign when converting to points in the Festiva Adventure Club and turning their weeks over to the "Trust" and I assume giving up their voting rights in the Community Association. If Cliff Hagberg has indicated otherwise, it should be verified in the Master Deed at http://www.southcaperesort.com/masterdeed.html but I don't believe it. There was no such thing as a "Festiva Adventure Club" in 1982!
This is the gist of what you are signing. Pay attention to this one: It has not been represented to me that if I chose not to convert to the Festiva Adventure Club my current maintenance fees will increase in an unreasonable and excessive manner.
I've been wondering whether anyone's been receiving the emails with attachments I've been sending out. I'll send it again, along with a message that you should be looking for it.
The above is the acknowledgment that Southcape owners sign when converting to points in the Festiva Adventure Club and turning their weeks over to the "Trust" and I assume giving up their voting rights in the Community Association. If Cliff Hagberg has indicated otherwise, it should be verified in the Master Deed at http://www.southcaperesort.com/masterdeed.html but I don't believe it. There was no such thing as a "Festiva Adventure Club" in 1982!
This is the gist of what you are signing. Pay attention to this one: It has not been represented to me that if I chose not to convert to the Festiva Adventure Club my current maintenance fees will increase in an unreasonable and excessive manner.
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