[ 2012 ] Fairmont / Sunchaser / Northwynd official thread with lawsuit info!

Phew · May 2, 2013

The website contains all the information including the option for cancelling the leases including the cost to do so. In the event leases are cancelled and depending on the numbers chosing the option the plan outlined is to restructure to a smaller resort that appears to be right sized for the number of owners remaining. They do appear to have a plan which seems to be accepted by the courts. Worth reading and considering options. While I don't like the idea of paying to get out it seems reasonable in terms of fairness to all timeshare owners, including those who stay.

DarkLord · May 2, 2013

Phew said:
While I don't like the idea of paying to get out it seems reasonable in terms of fairness to all timeshare owners, including those who stay.

This might be the case of a not-for-profit condo board. But Northwynd, the owner of these properties are here for a profit. So why should people pay to get out?

dorchyz · May 2, 2013

It's pretty lousy business if you have to go onto a website to see what's going on with your investment and how they've come up with demanding owners pay $2-4k on top of maintenance fees. They haven't been responsible enough to send out financial reports for years (probably since they've taken over the property).

And why should I feel good about helping those who decide to stay? Why shouldn't they feel bad about me having to pay when I can't afford to? Isn't it enough that my investment has been beaten down to $0 and now I need to feel responsible to the other owners who want to stay by paying $2-4k? Hmmm, am I missing something?

DarkLord · May 2, 2013

dorchyz said:
They haven't been responsible enough to send out financial reports for years (probably since they've taken over the property).

Exactly. I knew people who bought retail at the tail end and now their $20K-$30K investment has evaporated into nothingness all thanks to the steward of Northwynd for the last 3 years. And we are supposed to give Northwynd more of our money?

Every since Northwynd took over, they tried to push those conversion or RCI points down our throats for more money. And when that failed, it's the reno assessement or cancel option, cash grab all the same. All they have every done is to seperate us from our cash. They are no intention of managing the property other than to make a quick buck.

Phew · May 2, 2013

Just for the record. Audited statements to 2011 are on the website. Reality is the agreement signed is binding. Doesn't mean you can't walk but if you do you may be pursued for payment including interest - if they get a judgement they can take action to collect including liens on other property as well as other possibilities for collection. Get a legal opinion if you wish but it looks like it is what people agreed to wether they understood it or not. I know it sucks but I think I'll pay to get out and put it behind me as a good lesson learned and warn everyone not to buy a timeshare. AND I am OK with people being in something for profit - it makes the world go round in my opinion. Do whatever you think is best for you

DarkLord · May 2, 2013

You can contract Kellie Hamilton Law Firm to join the Fairmont Timeshare class action (scroll down to the bottom).

http://kelliehamiltonlaw.com/

Skeezics_100 · May 2, 2013

Facebook Link

fedupwithtimeshare said:
Do you own a timeshare at Sunchaser Vacation Villas in Fairmont, B.C. and have concerns re the notice of major renovations that will increase the maintenance fees. A group of 50 timeshare owners that share your concerns are working together on a plan of action as to how to deal with Northwynd and the management company for the resort. If you would like to join this group,contact Jim at thebelfrys@shaw.Ca

I'm sorry but I don't have that Facebook link. An owner from Saskatchewan contacted me and told me about the facebook page but when I went to look for it I couldn't find it either. And unfortunately his number was erased from my phone. If he contacts me again, I'll definately post it!!

Oops I quoted the wrong question.......I'm not very good at this!!

But for those who were asking about the Facebook link.......

RealCat · May 2, 2013

Just received my renovation billing. Can you tell me are we banding together with one or both of these lawyers to do something about this?

Thank you for this information

condomama · May 2, 2013

Apart from all else going on, I haven't seen mentioned something very basic to consider regarding the buyout dollars. 'Way back then', we all entered into a contract with Fairmont to purchase our timeshare, similar to a cell phone, health club, or any other kind of contract. We know that to break any contract, it will cost the purchaser penalty dollars, and the penalty is not usually discretionary or negotiable. So I can't see us winning that argument.....

Scammed22 · May 2, 2013

I've hopped on the bandwagon and contacted the law firm, and if you’re a victim you should too! I've paid my high maintenance fees for a five star resort and have got nothing but harassed for money money money in the last years since the change over, when we try to go away to relax as a family. The stress this company is causing is unacceptable and an example should be made.

We should have a spokesperson to contact the news media so the public is aware of what is going on, as well as owners knowing their rights.

rustyp · May 2, 2013

Fairmont/Sunchaser/Northwynd Renovations

I received this information from a lawyer who has reviewed the documents filed by Sunchaser/Northmont Resort Properties LTD. with the Supreme Court of British Columbia. This document was included with the bill from them for the new renovations. This is what the lawyer had to say:

Your legal obligations are covered exclusively by the contract(s) you have signed. To that end, owing to the vague language in the various time-share contracts, Northwynd has initiated a court application in an attempt to confirm its ability to do two things:

1. Unilaterally amend the time-share agreements to allow them to charge owners/lease-holders for their desired renovations; and,

2. To unilaterally transfer portions of the properties currently available to owners/lease-holders outside of the Resort.

What this is really about then is their attempt to obtain court sanctioned permission to effect unilateral changes to their contractual relationship with each owner/lease-holder. It is a risky proposition however, because should they fail to do so they will not have the legal standing to effect what they are currently proposing to do.

In other words, if this is approved our old contract will not protect us from whatever changes or charges that Northwynd wishes to impose on us as owners.

Mr. Geldert is advising every owner/lease-holder to prepare submissions in reply to this court application. He is also advising that our firm be provided an opportunity to review those submissions to ensure they are ready to be filed with the court and served on Northwynd. Full copies of the associated court documents can be obtained on the Sunchaservillas.ca website should you wish to review the entire package of documents. We encourage all of you to contact a lawyer of your choice or Mr. Geldert (whose contact info is in this site already).

rustyp · May 2, 2013

condomama said:
Apart from all else going on, I haven't seen mentioned something very basic to consider regarding the buyout dollars. 'Way back then', we all entered into a contract with Fairmont to purchase our timeshare, similar to a cell phone, health club, or any other kind of contract. We know that to break any contract, it will cost the purchaser penalty dollars, and the penalty is not usually discretionary or negotiable. So I can't see us winning that argument.....

This issue was addressed earlier in the blogs where a section of the contract was quoted. It basically says that if you fail to meet your payment requirements for 16 months, then the unit reverts to Sunchaser (the owner). There is absolutely nothing about buyout dollars in my contract. They seem to be changing the rules to their benefit whenever they want with no consultation with owners. These folks are worth being wary of. If they raise the 28 + million dollars, I would think they could build all new buildings....where will all this money go?

rustyp · May 2, 2013

Phew said:
The website contains all the information including the option for cancelling the leases including the cost to do so. In the event leases are cancelled and depending on the numbers chosing the option the plan outlined is to restructure to a smaller resort that appears to be right sized for the number of owners remaining. They do appear to have a plan which seems to be accepted by the courts. Worth reading and considering options. While I don't like the idea of paying to get out it seems reasonable in terms of fairness to all timeshare owners, including those who stay.

Hey Phew, this matter has not yet been through the Courts - a hearing is scheduled for June of 2013. What they are doing (sending us bills) right now has no legal sanction. It's just what they want to happen if there is no opposition at the Court hearing. Seems that they are getting ahead of themselves by sending us bills now.

Soccer Canada · May 3, 2013

So what seems to be the consensus? Don't pay it and wait for the courts to sort it all out?
Do you think that Northwynd would be as so bold as to send Collection Agencies out after the money? From the sounds of it most are not willing to pay?

Robb

KGB_527 · May 3, 2013

Phew said:
Just for the record. Audited statements to 2011 are on the website. Reality is the agreement signed is binding. Doesn't mean you can't walk but if you do you may be pursued for payment including interest - if they get a judgement they can take action to collect including liens on other property as well as other possibilities for collection. Get a legal opinion if you wish but it looks like it is what people agreed to wether they understood it or not. I know it sucks but I think I'll pay to get out and put it behind me as a good lesson learned and warn everyone not to buy a timeshare. AND I am OK with people being in something for profit - it makes the world go round in my opinion. Do whatever you think is best for you

Phew

What agreement??? As I understand my contract there is nothing, that says if I want to walk-out I owe them anything. I just paid my regular maintenance fee.
For their PIPE-DREAMS they can pay out of their own pockets, with their own money. This is a major project, that should have been first voted on and should have got approval of at least 66.6%. Did anybody get anything, about them considering such a major project? Was anybody asked to vote on it - NO. This idea was borne by STEALTH, and they are trying to deliver as such.
All it does I believe will cause massive walk-out. Their will not be winners here. They will loose this property and their reputation, and we will loose our rights to use and enjoy as well. So, please DO NOT try to spread fear on this forum. There is nothing to fear. Unless you are one of them.

Dorferman · May 3, 2013

Legal Contacts

DarkLord said:
You can contract Kellie Hamilton Law Firm to join the Fairmont Timeshare class action (scroll down to the bottom).

http://kelliehamiltonlaw.com/

The email address for Ms. Hamilton on her site does not work. Could you or someone else please provide me with contact information for her or the other lawyer? This thread is getting long and will get longer. I see it as absolutely essential that we all get under one flag here.
Addendum: It looks like this one from the very bottom of her page might work: khamilton@kelliehamiltonlaw.com

Dorferman · May 3, 2013

Correct

KGB_527 said:
Phew

What agreement??? As I understand my contract there is nothing, that says if I want to walk-out I owe them anything. I just paid my regular maintenance fee.
For their PIPE-DREAMS they can pay out of their own pockets, with their own money. This is a major project, that should have been first voted on and should have got approval of at least 66.6%. Did anybody get anything, about them considering such a major project? Was anybody asked to vote on it - NO. This idea was borne by STEALTH, and they are trying to deliver as such.
All it does I believe will cause massive walk-out. Their will not be winners here. They will loose this property and their reputation, and we will loose our rights to use and enjoy as well. So, please DO NOT try to spread fear on this forum. There is nothing to fear. Unless you are one of them.

You are definitely on the right wave length here. This is the opening salvo of a larger plot to extort money from us to achieve a larger, more profitable purpose for the principals. Their "budget" is shaky at best and if we line up like sheep and pay their invoice it is highly probable that there will be more and larger invoices as many people will not pay.

Dorferman · May 3, 2013

Soccer Canada said:
So what seems to be the consensus? Don't pay it and wait for the courts to sort it all out?
Do you think that Northwynd would be as so bold as to send Collection Agencies out after the money? From the sounds of it most are not willing to pay?

Robb

I do not believe any of us should pay anything here until we get as many of us as possible under one flag with these lawyers. Northwynd is being strategic about this and clearly wants to set themselves up to suck even more money out of the place going forward.

Scammed22 · May 3, 2013

When Baff Mountain Gates went under in Canmore they did the same thing, they sent bills...some unfortunately paid them we didn't. In the end we all lost our timeshare.

Soccer Canada · May 3, 2013

Here is my concern (and I have yet to hear back from the lawyer suggested here, so this is all purely speculation).
We all are going to have to pay a lawyer some sort of sum of money, I am going to hazard a guess and assume that sum will be fairly equal to the $2000ish bill I just got in the mail from Resort Villa Management. So we pay a lawyer and lose, and now we are stuck with a $4000 bill or more? I am also worried that the idiots at Northwynd put things into collections and screw all of our credit ratings that don't pay, and unfortunately in my earlier years I have some knowledge of Collection Agencies and the laws that govern them in Canada (Alberta specifically) and the fact is the consumer has no rights when it comes to a collection here..

Robb

DarkLord · May 3, 2013

One big thing is missing here and I know a few people who went through big ticket ondo reno assessment, there's always financing option and it's usually done by the condo board for the whole project. Not too many people can 4G with 30 day notice.

I'm telling you guys there's no way this reno is legit. From the ferociousness of Northwynd asking us for cash to the passive agreesive threat they lay out means one and only one thing, they are just after our cash. I don't think a sales office the size of Northwynd has the manpower or the know how to manage a $30M-$40M project. These are all just sales people who know nothing about construction.

We are only give two options, folk out $4K or folk out $3.2K to cancel plus one year of MF of $800 which equals $4K just the same. Does it strike you as coincident that the two numbers are the same?

Paying them off today won't solve the problem of tomorrow for I don't see them owning Fairmont a few years down the road. The new owner of Fairmont might just levy another $4K on us.

Dorferman · May 3, 2013

Lawyer's Fees

Soccer Canada said:
Here is my concern (and I have yet to hear back from the lawyer suggested here, so this is all purely speculation).
We all are going to have to pay a lawyer some sort of sum of money, I am going to hazard a guess and assume that sum will be fairly equal to the $2000ish bill I just got in the mail from Resort Villa Management. So we pay a lawyer and lose, and now we are stuck with a $4000 bill or more? I am also worried that the idiots at Northwynd put things into collections and screw all of our credit ratings that don't pay, and unfortunately in my earlier years I have some knowledge of Collection Agencies and the laws that govern them in Canada (Alberta specifically) and the fact is the consumer has no rights when it comes to a collection here..

Robb

These are legitimate concerns Robb. I have not spoken to the lawyer yet either but if this is a class action there will be no fees. They get a percentage from success or nothing.

As for collections, this is the point to having two hundred of us and an appropriate supreme court ruling. Then they cannot act.

But you know what? If you are worried, I would go ahead and pay. Resting easy is more important than a few thousand dollars.

Phew · May 3, 2013

KGB and others - sorry if you interpret that I am trying to spread fear as it is not my intent. THis whole mess is frustrating. THe agreement I refer to is the purchase agreement in whatever form it was at the time we purchased. I agree it is arguable wether they can assess major reno costs as they are trying to do. There is one legal opinion they obtained that they can but in the end the court will decide. Unfortunately it is difficult for owners to get together because we do not know each other and have no easy way of organizing. Will try to contact the lawyer listed to ask my questions and determine my course of action.

Quadmaniac · May 3, 2013

rustyp said:
This issue was addressed earlier in the blogs where a section of the contract was quoted. It basically says that if you fail to meet your payment requirements for 16 months, then the unit reverts to Sunchaser (the owner). There is absolutely nothing about buyout dollars in my contract. They seem to be changing the rules to their benefit whenever they want with no consultation with owners. These folks are worth being wary of. If they raise the 28 + million dollars, I would think they could build all new buildings....where will all this money go?

Does anyone have a PDF scan of the documents ? Resale owners never had any of these documents, so it would be good to post them if someone has scanned them ?

Thanks

Phew · May 3, 2013

Quadmaniac said:
Does anyone have a PDF scan of the documents ? Resale owners never had any of these documents, so it would be good to post them if someone has scanned them ?

Thanks

Look at the Sunchaser website at the court filed documents - there are four different versions from different time periods included in the petitions to the court , the first being from 1992 I believe and up to the most recent.