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[2008] Southcape Resort

theo

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Wise to question...

I own one interval at Southcape and bought it two years ago. I received the special assessment notice too but a couple of things struck me as odd, first there was only an invoice and a generic letter which was unsigned and not on letterhead with no supporting documents attached, which is not what I would expect from an actual property manager, or any business for that matter. I emailed rcassidy to question the legitimacy of this letter and asked for the by-laws, meeting minutes of the board and board member names, but have not heard back yet. Frankly, my first reaction was that this was a scam as some sort of phishing expedition because of the lack of identity and the short period they gave to pay or else! If it isn't a scam, I am not planning on paying for a special assessment unless I see some sort of guarantee this money will be used on the resort itself and the meeting minutes and by-laws. If I can't get any information or at least acknowlegement from NEV I will probably have my lawyer look into it or turn it over to the AG's office. Their special assessment is 67% of the entire yearly operating budget which is very suspicious and I would like for them to show me they are putting in $500,000 to $1,000,000 worth of improvements this year, which is what they would collect if everyone pays this. Anyone else get the feeling that this isn't quite legit?


If memory serves, I seem to (admittedly vaguely) recall reading one or more post(s) in which Southcape owners mentioned receiving "odd and questionable" bills from some individual rogue entity asserting himself to be a "trustee" of some sort. A little searching around might pull up some of those threads for you.

It was not a "phishing" scheme, per se, but evidently some sort of effort to keep / divert funds from the actual HOA (as I recall it, anyhow).

Odds of getting AG attention or involvement at this juncture would likely be somewhere squarely between slim and none, but it's certainly your right and prerogative to try. Meanwhile, you're certainly wise to look further into the source and legitimacy of the "odd and questionable" bill....
 

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RE: Wise to question...

If memory serves, I seem to (admittedly vaguely) recall reading one or more post(s) in which Southcape owners mentioned receiving "odd and questionable" bills from some individual rogue entity asserting himself to be a "trustee" of some sort. A little searching around might pull up some of those threads for you.

It was not a "phishing" scheme, per se, but evidently some sort of effort to keep / divert funds from the actual HOA (as I recall it, anyhow).

This may have been another resort. But the special assessment is for real, and is the way Outfield Marketing is scaring deeded interval week(s) owners into "converting" to Festiva points.
 

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Theo--hello.

I wouldn't be so quick to dash the hopes that the Mass AG would intercede here. The office has a track record of aggressively pursuing timeshare fraud and, since Cape Cod is one of the cradles of US timeshare, they have been chasing bad guys there successfully for a while now.

POINTS ARE CRAP--this should be a sampler placed on the wall of every timeshare owner. But, from what I have read, FESTIVA POINTS ARE META-CRAP.

I do hope that no one falls for this and that Festiva leaves quickly with its tail/tale between its lying legs.
 

Sou13

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I'm afraid its' already too late!

Has anyone tried getting info from rcassidy@southcaperesort.com? If so, can you answer any of my questions?

1]Who are the "board of trustees"?
2]Who are the members of the "Community Association, Inc."?
3]How many deeded interval owners are there, and how do we get in touch with them?
4]Are the requests for improvements coming from deeded owners or from renters or traders from other resorts or the Festiva Adventure Club?
5]How did NEVS take over "ownership" of the resort? How does this give the "new kids on the block" carte blanche to assess the longtime owners who have been faithfully paying their maintenance fees on time to raise thir fees and demand that they cough up additional "special" assessments?
6]Why did Vince Earth and Robert Woods let this happen? Were they made an offer they couldn't refuse?
7]What are the bylawsthem? of the Association? Why don't I have a copy of them?
8]Who were the 14 members who attended the last unadvertised meeting? Were they all members?
9]Do deeded interval members have a vote? How do they even find out what's on the ballot or agenda?
10]Is any of this subject to state or federal oversight? Is it even legal?
11]Who is paying for the services of Outfield Marketing and Monterey Financial Services?
12]Who gets the contracts for repairs and upgrades? Are we getting the best bang for our buck?
13]Do we need Internet access when we're supposed to be on vacation? We can go to Starbuccks on Mashpee Commons if we're so desperate for our daily "fix"!
14]Does the resort need a complete overhaul? What happened to the Cape Codlook that was its unique charm? Shouldn't that be its attraction to interval owners within the II and RCI exchange clubs?
15]Is exchanging within the Festiva Adventure club really better than exchanging within II or RCI? How is it "better" to give up your week in the unit of your choice if you can't even be sure what unit you'll be able to get, when, or where?
 
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Sou13

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And then there's the BIG question:

16]How much of the cost of giving up your deeded week at Southcape and coughing up thousands of dollars for "points" in the Festiva Adventure Club is going toward the maintenance and operating expenses of Southcape Resort and Club?
 
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Laurie

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Actually, the two situations are really not the same, except for the common experience of the appearance of Festiva into their pictures.

With far fewer unsold / foreclosed weeks existing at Sandcastle for Festiva to acquire and / or just "take over", Festiva will have a much steeper hill to climb at Sancastle in order to gain a controliing interest (assuming, of course, that deeded owners at Sandcastle don't fall for the "give up your deed, convert to Adventure Club points --and pay us a few grand to do so" scheme, and instead choose to hold on to their deeded ownerships).
At Southcape, I personally tend to believe that it will be much easier for Festiva to gain the upper hand and a controlling interest there. :shrug:
OK, perhaps I should have used the word "similar" rather than "same" ... but they're the same players all around: same sellers, same buyers, same new management company, same sales rep, same tactics. I believe the sale of inventory occured as one transaction or at least were connected somehow, and I was already transferred to the phone line of the same Greg Hughes when I called the Sandcastle office, and I heard the same schpeil. I'm not sure what the ownership percentages are at Sandcastle, do you? But I don't think Sandcastle owners have much control over the fate of that resort, either. No one has to surrender deeds, I get that, but I do think it would behoove Southcape and Sandcastle owners to share information...
 

gravityrules

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Dear Southcape Owner

...

First, we'd like to inform you that New England Vacation Services, LLC has purchased the unsold inventory at the Southcape from Vince Earth and Robert Woods. ..

Robert Woods is listed in another post as an association 'trustee'. It is apparently the trustees who 'sold you out' and abdicated their fiduciary responsibility. And where is the accountability for the 1.2 million dollar sales price shown on the city of Mashpee's property records?

Who is New England Vacation Services? Clifford Hagberg, registered as an LLC 4/8/2008 in The Commonwealth of Massachusetts.

Who is NEW ENGLAND VACATION MANAGEMENT SERVICES, LLC? Clifford Hagberg, registered as an LLC 07/08/2008 in The Commonwealth of Massachusetts.

IVS Realty - Clifford Hagberg



Who is Outfield Marketing? An office opened in Denton Texas in January 2008.
 
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Sou13

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Who is Cliff Hagberg?

I should've done a "Search" for Hagberg before posting what I've posted so far. If I'd thought to do so, I'd have found this:
http://www.tugbbs.com/forums/showthread.php?p=601876&highlight=Hagberg#post601876

Yes, Southcape and Sandcastle have a lot in common and need to share as much info as possible. Thanks for all the help, gravityrules, Laurie, and especially to tombo who has contributed so much to enlighten me in my search for answers:
http://www.tugbbs.com/forums/showthread.php?p=601993#post601993
 

Sou13

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Google Satellite View

A little detective work ...

Take a look at that Denton, TX address on Google maps street view:

135 E. Hickory Denton, TX 76201

Here's the Denton County Appraisal District info can be found at: http://www.dentoncad.com

The owner is shown as Outfield Marketing Ltd with a 2008 appraised value of $1050, description as 'personal property, sales office' ...

The actual property is:

Owner Name
Major League Development, Ltd
Situs Address
135 E Hickory St
Legal Description
Alsup Addn Blk 1 Lot 2
2008 Certified Appraised Value
$172,466

From http://216.60.44.74/TX/Denton/default.aspx
you can find that the property was acquired by Major League Development, LTD a Texas limited partnership in 2003, with STEM Management LLC as General Partner.


From BBB:

Business Contact and Profile
Name: Outfield Marketing
Phone: (940) 566-5127
Address: 135 E Hickory St
Denton, TX 76201-4215
Principal: Larry Fritz, Vice-President
File Open Date: January 2008
TOB Classification: Management Consultants
BBB Accreditation: This company is not a BBB Accredited business.

BBB Rating

Based on BBB files, this business has a BBB Rating of B-.
Reasons for this rating include:

* BBB does not have sufficient information to determine how long this business has been operating.
* BBB does not have sufficient background information on this business.

Hmmm, hard to miss the baseball theme.
And this is a long way from New England ...

http://maps.google.com/maps?hl=en&q=kickblockers&um=1&ie=UTF-8&sa=N&tab=wl
 

Rambler65

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Does anyone have any idea why the Sandcastle isn't included in the Festiva Family of Resorts?

My guess would be lack of Sandcastle weeks. Sandcastle has had a part time sales rep on site for the last ten years. She sold foreclosed and unwanted Sandcastle weeks. Almost all of the desirable Sandcastle weeks are owned, so what could Festiva offer to their Adventure Club?

In Festiva (Outfield Marketing) Sales pitch meetings, Festiva has been telling owners that the Sandcastle needs to be brought up to Festiva Standards (now there's an oxymoron) before it can join the Festiva resort family. I think it's more Festivas sales BS.

Outfield has told Sandcastle owners that the resort will be part of the Festiva family in 2010 after upgrades have been made. I think they are just hoping they can swindle enough deeded weeks out of Sandcastle owners to offer Adventure Club members a chance to stay at the Sandcastle.
 

gravityrules

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ARDA press release

http://www.arda.org/Content/Navigat...ssReleases/November2008/081121_Sandcastle.pdf

Here's 2 quotes from this 12/04/2008 ARDA press release ...

SPI’s Resort Management Software Suite was recently purchased by New England Vacation Management (NEVM) for two of their projects, Sandcastle Resort and Southcape Resort & Club.

About New England Vacation Management
New England Vacation Management, based on Cape Cod, Massachusetts, provides full-service resort management services, principally for timeshare projects no longer in active sales. These services include human resources, centralized reservations and on-site management, including HOA and owner services such as rentals and resales. NEVM’s two
properties mentioned above, located in Massachusetts, are Sandcastle Condominiums in Provincetown and Southcape Resort & Club in Mashpee.
 

Sou13

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Massachusetts Public Records

Is it OK to offer the public records by email to anyone who requests them? I have no problem giving the email address I used for these forums and will be happy to pass them on!

950-1.pdf (51KB), 950-2.pdf (50KB), 950-3.pdf (51KB), 950-7.pdf (50KB), 950-31.pdf (51KB), 950-54.pdf (51KB), 950-55.pdf (51KB), International Vacation Sales.pdf (167KB), New England Vacation Management.pdf (154KB), New England Vacation Services.pdf (154KB)

I want to give credit where credit is due, so please come forward with your OK before I proceed!

Thanks again, You Know Who You Are!
 

Sou13

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A little detective work ...

Take a look at that Denton, TX address on Google maps street view:

135 E. Hickory Denton, TX 76201

Here's the Denton County Appraisal District info can be found at: http://www.dentoncad.com

The owner is shown as Outfield Marketing Ltd with a 2008 appraised value of $1050, description as 'personal property, sales office' ...

The actual property is:

Owner Name
Major League Development, Ltd
Situs Address
135 E Hickory St


Hmmm, hard to miss the baseball theme.
And this is a long way from New England ...

That would explain the "Outfield" Marketing part. That's WAY out in the outfield!

But New England Vacation Services, LLC, is found to be registered in Hyannis. Now, what about "Monterey Financial" Services?
 

Sou13

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Southcape II

I see from the description of Lodging/Room Amenities that there are no loft units. As I suspected, the available units are most likely all in Southcape II, which is affiliated with RCI.

As a Southcape I deeded interval owner, I cherish my deed and hope that others will do the same. I hope what's going on here is illegal and that the AG will be willing to look into it.

I'm not a Massachusetts resident and lack the expertise to pursue this. I'll do what I can to share whatever info I can provide.
 

theo

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Not illegal...

inadvertent duplicate post -- sorry. Actual post follows below...
 
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theo

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Not illegal...

I hope what's going on here is illegal and that the AG will be willing to look into it.

I'm not a Massachusetts resident and lack the expertise to pursue this. I'll do what I can to share whatever info I can provide.

Even though I have only contempt for Festiva, there is frankly no illegality in any business entity attempting to lawfully acquire a greater (or even a controlling) interest in another business entity. Hostile takeovers occur every day in the business world and there is no "timeshare exception".

Festiva (or its sales / marketing weasels) will not have crossed any legal "lines in the sand" until or unless they ever falsely assert to owners that said owners must "convert" (i.e., forfeit their deeded ownership) and buy into the "Festiva Adventure Club points system" instead (...or attempt to force or trick them into doing so).

If deeded owners just say no to "conversion", then it will simply and ultimately be a numbers tally. In essence, what will ultimately matter is who owns and controls more weeks --- Festiva or deeded owners?
 
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Russ45

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If memory serves, I seem to (admittedly vaguely) recall reading one or more post(s) in which Southcape owners mentioned receiving "odd and questionable" bills from some individual rogue entity asserting himself to be a "trustee" of some sort. A little searching around might pull up some of those threads for you.

It was not a "phishing" scheme, per se, but evidently some sort of effort to keep / divert funds from the actual HOA (as I recall it, anyhow).

Odds of getting AG attention or involvement at this juncture would likely be somewhere squarely between slim and none, but it's certainly your right and prerogative to try. Meanwhile, you're certainly wise to look further into the source and legitimacy of the "odd and questionable" bill....
Just as an update, Cliff responded to my email and the special assessment is initiated by NEV. I have asked for the Board of trustees contact information and meeting minutes and by-laws. This indeed could be legit, however I want to make sure the money is used according to the by-laws and see the wording on the vote to understand what, how and when this money will be used. without that understanding NEVS will be collecting the money with no transparency on its use, the Board has an obligation to the deeded owner to provide this information. By the way, Cliff offered me an extension of payment to April 1, which is much more reasonable, as long as I get the information I asked for.
 

Sou13

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Thank you, Russ45!

Just as an update, Cliff responded to my email and the special assessment is initiated by NEV. I have asked for the Board of trustees contact information and meeting minutes and by-laws. This indeed could be legit, however I want to make sure the money is used according to the by-laws and see the wording on the vote to understand what, how and when this money will be used. without that understanding NEVS will be collecting the money with no transparency on its use, the Board has an obligation to the deeded owner to provide this information. By the way, Cliff offered me an extension of payment to April 1, which is much more reasonable, as long as I get the information I asked for.

Let us know when you get that info. We need it here!

Do you have Hagberg's email address? The rcassidy@southcaperesort.com address is actually Rosaleen Cassidy, resort manager.
 

Sou13

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Sou13

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Thank you, gravityrules!

Is it OK to offer the public records by email to anyone who requests them? I have no problem giving the email address I used for these forums and will be happy to pass them on!

950-1.pdf (51KB), 950-2.pdf (50KB), 950-3.pdf (51KB), 950-7.pdf (50KB), 950-31.pdf (51KB), 950-54.pdf (51KB), 950-55.pdf (51KB), International Vacation Sales.pdf (167KB), New England Vacation Management.pdf (154KB), New England Vacation Services.pdf (154KB)

I want to give credit where credit is due, so please come forward with your OK before I proceed!

Thanks again, You Know Who You Are!

I've been given the OK to give credit where credit is due. Since I'm not online every day, you might get faster results from him.
 

Sou13

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Thank you, tombo!

Dear Southcape Owner

We have a lot to tell you about this year and we hope you'll take the time to read this newsletter so that we can bring you completely up to date.

First, we'd like to inform you that New England Vacation Services, LLC has purchased the unsold inventory at the Southcape from Vince Earth and Robert Woods. New England Vacation Services, LLC is made up of a group of experienced timeshare professionals with solid backgrounds in resort management, sales and marketing.

We have been trying to purchase the inventory for many years and we're very excited about the future of Southcape Resort. The resort will be managed by New England Vacation Management Services, LLC and we intend to make substantial improvements to the resort both physically and operationally. My name is Cliff Hagberg and I'm the Managing General Partner. I'm a native Cape Codder and I have been involved in managing resorts across the U. S. and Europe for the past twenty years. I have been an owner at Southcape myself so I'm intimately familiar with the resort. In this newsletter, I want to talk with you about our plans for the resort.

As part of our continuing effort to keep you informed about new things at Southcape, we're delighted to inform you that we have affiliated Southcape Resort with one of the premier vacation companies in the country - Festiva Resorts. We are in the process of afflliating the entire resort with RCI Interval International and Festiva Resorts to give you as many vacation opportunities as possible.

We will be happy to answer any questions you may have about these exciting, new vacation options and Outfield Marketing will be contacting you directly to explain the new benefits and what they mean to you as an owner. When Outfield contacts you, please know that they are working directly with resort management for your benefit. Outfield will also be able to update you on the financial situation at Southcape Resort.

We need to talk about the realities of the financial situation at Southcape Resort. The fact of the matter is that the current maintenance fees do not cover the operating budget of the resort. The main reason for this is that we have a large number of owners who do not pay their maintenance fees. We have a plan in place to deal with this effectively for the first time. We have contracted with Monterey Financial Services to begin a professional collection effort with the delinquent owners. Those collection efforts have already begun. We need to do this to generate income for the resort.

For years, the resort operated without a real budget. Without a budget, it is impossible to calculate what the maintenance fees should be. For the past few years, the resort only increased maintenance fees a small amount and the result has been that there is not enough money to pay the bills. For 2009 we have created a detailed budget that will pay all of the bills for the entire year. With NEVMS, Southcape Resort will have a professional management company assisting resort management with controlling the operating budget.

While we realize that this years maintenance fee represents a significant increase, it is still lower than many similar resorts. For example, Brewster Green maintenance fees are as high as $740.00 and the Ponds at Foxhollow are as high as $811.00. Holiday Estates is $680.00 so the new maintenance fees are not at all out of line with other resorts. Maintaining a resort can be expensive and the new maintenance fees will allow us to do that.

The next financial issue we need to tell you about concerns the resort's reserves for capital expenditures. Simply put, there are no reserves. Improvements to the resort have been paid out of the operating budget. This has not only resulted in a shortfall in operating income but has caused the resort to make improvements in a piece meal fashion without an overall plan. We are changing that situation immediately.

We need to fund the reserve accounts so that, when a major repair is needed, the money will be there. We have begun that process by including a payment into the reserve account to begin building up the resort's reserves. You will notice that by basing the budget on the number of owners who are current in their maintenance fees, when the weeks from the delinquent owners begin paying, we can deposit that money right into a reserve account to fund the improvements. This will take some time but it is part of our overall operational plan.

The final fmancial area we need to address is the timely payment of maintenance fees. Currently, the maintenance fees are due when received. As of January 31, 2009, a late fee of $50.00 will be added to accounts that are not paid. After March 1, 2009, if the maintenance fee bill is still unpaid, the account will be turned over to Monterey Financial and additional collection fees will be added to the outstanding balance and your account will be blocked from usage. While we are reluctant to do this, it is critically important for budgeting purposes that we know, as early as possible, how much money we will have to run the resort every year. Owners who are late in paying their maintenance fees seriously affect that budgeting process so it is very important for you and the resort to pay your maintenance fee when it is due. Your cooperation in paying your maintenance fee bill when received will greatly assist us in bringing financial stability to Southcape Resort and we sincerely thank you for you continued cooperation.

Over the coming months, we will be developing a detailed plan of improving the resort and how we can complete the upgrade of the resort. When that process has been completed, we will be sending you a copy of that plan. While it's impossible for us to take phone calls from thousands of owners, we will be setting up a brand new web site for Southcape Resort. As part of the website, there will be a special area just for owners where you can go to get current information on exactly what's going on at Southcape. We will give you the information on the new web site in our next update.

The area we're most excited about is bringing to Southcape something it's never had before. With the help of Outfield Marketing, Southcape Resort will now have the services of a professional sales and marketing company. This is critically important in order to bring in new owners and generate maintenance fees.

Over the next several months. vou will be hearing from us on a regular basis as we introduce new plans for the improvement of the resort. We firmly believe that Southcape Resort can be one of the premier resorts in New England and we're dedicated to making that happen. While we know that you may have questions, if at all possible, please email them to us at rcassidy@southcaperesort.com. With thousands of owners, it is just physically impossible for us to speak with all of you and email helps us respond to you in a timely fashion.

Thanks for your continued support and all of us here at Southcape look forward to welcoming you back next year.

Sincerely
Cliff Hagberg
New England Vacation Management Services, LLC

"Get copies of the letters they sent the owners at Church Street Inn in Charleston and the Atrium in St Maarten when they took over those resorts, because they sound almost identical also.

"Festiva seems to come into every resort, announce that the MF's will not cover expenses, then they raise MF's. Then every resort they gain control of is announced to be in a sad shape of disrepair and must be upgraded immediatelly, so they must assess. In addition, every resort they gain control of has been operating with no reserves for years (according to them) which is unacceptable, so they must assess for that too. Why does Festiva insist on only buying resorts that are in shambles, that have no reserves, who's MF's are inadequate, and who need assessments and MF increases to even survive one more year?

"When Festiva takes over I would suggest making a call to say goodbye or write a farewell letter to all of your favorite office managers and front desk people. Tell them that you have enjoyed seeing them for the last decade and tell them that you appreciate the great job they have done because Festiva will get rid of all long term employees who are loyal to the owners and replace them with employees loyal to Festiva. They don't want anyone working at the resort who would tell owners what things are occuring regarding finances, expenses, expenditures, etc. IMO. Your long term employees are on borrowed time. Their life will be made miserable so that they will quit, or they will find a reason to fire them.

"Good luck with the attorney general. The only thing that will stop them is being hit in the pocketbook IMO."
http://www.tugbbs.com/forums/showthread.php?p=669272&highlight=Festiva+Church+Street#post669272
 
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