[2008] Sandcastle Shift to "Festiva" Points [merged]

[Sou13]

MA House Bill 4496

MA legislators are making corrections in MGL 183B - specifically addressing defaults on maintenance and assessment fees, making the process easier to foreclose on those delinquent accounts.


While this bill is beneficial in making it easier for those in financial straits to forfeit their unit for resale, it also gives developers the opportunity to buy and or sell large blocks of units by auction in a resulting takeover from the existing Owner's Association.

At Sandcastle in Provincetown, the current management has stated at the annual meeting that our units recouped via this new procedure or small claims court, will be offered 'in bulk' at auction - so members of the existing owners association will NOT be able to buy additional units unless purchased in '100 unit' blocks - therefore essentially allowing for developers like Festiva in our case, to overtake the units and gain majority control.

Also, a bulk sale or auction sale will not necessarily bring the owners association realistic sums of money for prime weeks. Fifty or 100 units sold at in bulk $1000 a piece, prevents most individuals from purchase and allows prime weeks to be sold at significant bargain prices, hurting owners associations financially.

Every MA timeshare owner needs to write to their representative requesting that House Bill 4496 be changed to allow your resort OWNERS ASSOCIATION to have the final say on how reclaimed units are sold and or handled. If you don’t live in MA but own a timeshare in MA, write to the representative in the district where your timeshare is located as you are a taxpayer there.

If you live in MA and own timeshare property in MA, write to both your local representative and the rep in your timeshare district.


http://www.mass.gov/legis/bills/house/186/ht04pdf/ht04496.pdf

http://www.tugbbs.com/forums/showpost.php?p=921833&postcount=204

When I launched the discussion "Contact the Speaker of the Massachusetts House" I didn't see anything wrong with it, either, but was soon corrected by the Sandcastle owners who attended their annual meeting!

 

[Sou13]

"Declaration of Trust" filed October 13, 2010

Found in BOOK 24904 PAGE 224:

New England Vacation Services has found a new way to cash in on the Sandcastle weeks purchased from Barth and Woods on 9-4-2009 (BOOK 23138 PAGE 109) now that the Southcape weeks have been sold to Festiva Development Group for $1 million.

A new scheme of "float weeks" will garner greater maintenance fees depending upon which weeks are sold as "float" weeks. The schedule of 2010 maintenance fees is found in Exhibit B. Some weeks cost more than $700 in annual MFs!

The developer/declarant has exempted himself from payment of MFs.

And at the end of 45 years, all weeks will revert back to the developer!

Sandcastle owners, where are you?

 

[Conan]

Can you please tell me what the above means to me? As a new Sandcastle owner I'd appreciate being brought up to speed.

I own a summer 1-BR week at Sandcastle that I bought last year on Ebay. Of course I would never pay to convert it to RCI Points. I've just deposited the 2011 use into RCI Weeks.

 

[JamesT RI]

What this means to you

This will have no affect on what you own.

 

[Sou13]

Can you please tell me what the above means to me? As a new Sandcastle owner I'd appreciate being brought up to speed.

I own a summer 1-BR week at Sandcastle that I bought last year on Ebay. Of course I would never pay to convert it to RCI Points. I've just deposited the 2011 use into RCI Weeks.

It means that the Trustee has the right to occupy or utilize any of the unsold units in the Trust without having to pay maintenance fees on those units!

It means that the units committed to the Trust will revert back to the Declarant or successor(s) to the Declarant on the first Friday in January, 2059!

It means that any of the units in the Trust that are sold as "float" weeks have to be reserved in order to be used by the owner!

It means that Sandcastle owners need to know their rights as deeded interval owners!

 

[JamesT RI]

Like I said

Like I said it will have no affect on what you own. All your examples are of units you don't own. The developer can do what they wish with their inventory as can the HOA. Just like each and every individual owner can do as they wish with what they own.

By the way Sou13 what did you do with your week at Sandcastle?

 

[Sou13]

I don't own a week at Sandcastle

JamesT RI,

You must have me confused with someone else. I don't own a week at Sandcastle, I'm a Southcape owner who became aware of what's happening at Sandcastle when NEVS bought the unsold inventory of Sandcastle and Southcape and combined the two resorts into one $2.5 million mortgage.

My interest in what NEVS is doing at Sandcastle is from the perspective of what Festiva intends to do at Southcape. Festiva Development Group is not selling any of the more than 560 unsold Southcape weeks purchased from NEVS. Will Festiva draw up a Declaration of Trust for the Southcape weeks similar to the NEVS Declaration of Trust for the Sandcastle weeks?

 

[JamesT RI]

I guess I am confused

Why do you care what someone does with the weeks they own? Why are you trying to use scare tactics on Sandcastle owners like myself with your opinions instead of facts. Have you taken the time to actually call Sandcastle and talk to someone in charge and have them explain what they are doing and why? I did and I was quite suprised. Why do you care what they paid? I dont understand your motives. I went to the Sandcastle Resort and I noticed huge improvments, granted I helped pay my fair share as I do own a share. I have owned there for many years and nothing has changed with the new developers other than we had a special assessment and they are fixing up my property. I personally think its a good thing.

If you had been there more than 2 years ago the place was pretty much falling down. The railings were so bad I was afaraid to lean against them. I did not like the special assesment, however I am a realistic person. If you fail to properly maintain any structure, at some point you will have to spend a little money to fix it up. Its no different with a home or even a condo in Florida. I was very scared of change at first, now two years later, I am seeing the improvements and none of my benefits have been altered. I am a lot less skeptical. I will have to see what the future holds and hopefully they will keep making the necessary improvements to my property.

If you don't know whats going on, please don't make your assumptions as facts. I would not dream of scaring owners at other resorts that I do not own. As a matter of fact, what do I care what some resort does that I have no ties to? Why do you? Doesn't make any sense. Then again what does make sense these days. Just my personal thoughts.

 

[Sou13]

I should have included the link to the document found in BOOK 24904 PAGE 224 of the free public access to the Barnstable County Capeview Internet Access.

To view the document, you need to first set your viewing/printing preference at the bottom of the main menu.

Forewarned is forearmed.

 

[Classylassy523]

Sancastle owner going to court

Four years later and the struggle continues. The Brennan family (deeded owner) has a court date.

Brennan vs. Hagberg. August 9, 2012 at the Orleans District Court, 237 Rock Harbor Road, Orleans, Massachusetts.

Tom Mitchell, another deeded Sandcastle owner will be at the resort that week and will be attending. He has asked that I post this and if there is anyone who will be at the resort or in the area that week and would like to attend the court hearing to contact him and he will be glad to provide transportation.

Tom Mitchell ... Week 31, Unit 220. You can reach him via email: tominspfld@gmail.com or cell phone: 860-989-5685


Mr. Brennan's description of the case:

Summarization of Case: developer doesn't pay its share and this inflates your cost, Sandcastle Resort is a sole propreitorship of Hagberg that doesn't follow the common area percentage and commingles trust funds... and defalcations (who pays the developer share? property taxes?) fraud (billings and financial summaries and letter responses to questions), constructive fraud (Festiva), conspiracy to commit larceny (repeated overbilling, ignoring off season week half share, special assessment illegal and unlawful) mail fraud (Festiva, annual assessments not according to common area percentage, 1 response letters says Intercity pays same as every owner (lies) - all enabled by the trickery of it being an investment contract with an approval process of sending a bill and receiving a check (the approval)

Extortion: as a "holder" of information, that makes the collector of the money an official agent, so demanding more money and getting it as the owner fears personal damage to their credit rating is extortion by Mass. law definition - if Sandcastle Resort is not delegated this authority, then they cannot collect the taxes, can they? I am sure this topic will be seriously argued, but if they win that idea they are not delegated agents of the trusts' trustees, then surely its a sole propreitorship based on the business name certificate filing, therefore the one who must pay will be Hagberg PERSONALLY, which was the point...

Aiding and abetting breach of fiduciary duty: this and Chapter 230 section 5 enables a beneficiary to sue any and all third parties who are screwing the trusts...

All I have to prove is that they knew it. It's hard to pretend Hagberg didn't know when he is trustee, developer, managing entity, and Sandcastle Resort (still not sure what the demarcations of when each position starts and stops and what each one actually does -since Hagberg claims all the contracts are private)

 

[NEVMSLLC]

Sandcastle Owner Going to Court

The case was dismissed.

 

[ChrisH]

Sandcastle MORE SPECIAL ASSESSMENTS - VOTE!

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

The management at Sandcastle/Royal Coachman sent out letters about 2 weeks ago with

Another Special Assessment that will be due this January 1, 2013;

AND 6 more pages of additional proposed Special Assessments;

with a BALLOT for approval/disapproval.

The total, if all are approved, will amount to approximately $1152 per unit owned.

The ballots are due back to Sandcastle by October 15th. There will be a meeting at Sandcastle on October 20th to discuss the results.

I have heard from owners who did not receive this mailing - letter or ballot - at all.
If you are among them, then you need to call the resort at 508.487.9300 or visit www. Sandcastlecapecod.com and use the Contact Us link to inform management that you do not have any BALLOTS for your unit(s).

All owners should be voting.

 

[Classylassy523]

Re-establish Sandcastle Owners Association

Are you an owner at Sandcastle Resort and Condominium in Provincetown, MA?

There is a group of owners trying to re-establish the Owners Association.

With this latest go-round of proposed Special Assessments planned over the next three years, it is imperative that owners group together and do something to have a meaningful say about what happens at our resort.

Management has repeatedly refused access to the owners list at the resort even though the Deeds and Trusts clearly state that owners are to be provided with the list when a request is made. I have previously posted this request on the Sandcastle Resort Facebook page but it was removed in a matter of hours. I also submitted a written request to post this on the Owners/Members secure section of the resort website (supposedly the area where owners can communicate) but have received no response from management. For these reasons I am turning to TUG and other media to get the word out to Sandcastle owners.

If you are going to the meeting at the resort that is scheduled for October 20, 2012, at noon, you can contact me there. If you are unable to attend the meeting and are interested in re-establishing the Owners Association, or if you don't want to wait for the meeting you can contact me through TUG.

FYI ... I have checked with the resort office staff and questioned how the ballots would be handled. I was told that the Office Manager would count the ballots (she works for the owners) and then the ballots would be turned over to Cliff Hagberg (he owns the management company). I asked how possible ties would be handled, especially with the multiple choice questions and was told that that was unknown at that time. When I asked if there would be a separate company responsible for verifying and certifying the count ... I was that there was not. These ballots represent approximately $3 million and could mean a total of $1,200.00 in assessments for each unit. With this amount of money coming directly out of the pockets of deeded owners, a verified/certified ballot count is very important.

Thank you,
Jean Gallant
Deeded Owner
Week 40