[2008] Southcape Resort

[e.bram]

The owners(dissadent) should chip in and bring their own lawyer to the meeting. Who wants to hear the legal opinion of the opposite side. In most legal cases, even where both sides have good lawyers, one usually loses.

 

[Sou13]

Southcape 1984

Dear Interval Owner:

As we usher in the New Year, Management would like to take this opportunity to reflect on the operations of Southcape Resort. The completion of sales operations for 1984 has left a very limited
amount of intervals to be sold at special cash rates. The following are points of importance:

• Study of cleaning costs indicated $22.50 per night Bonus Day charge was insufficient; therefore, an jncrease to $29.00 per night and a two day minimum stay.
• As of January I, 1985, split week owners will have to pay a $35.00 fee in order to split their weeks. The reason being each maintenance fee calls for one unit clean-up. The cost of cleaning a unit is presently $35.85, this includes maids salaries, FICA expense, chemicals used, and cleaning and stock supplies. If a person splits his week there are two unit turnovers involved, therefore, in the past everyone has been paying for that additional unit clean-up.
• During maintenance weeks each unit will be wallpapered in high volume areas as well as repainted and repaired.
• An increase in activities through outside memberships, increased court income, video equipment, vending machines, and a tanning booth will help reduce the deficit of operating the clubhouse.

Float week owners should make their reservations as soon as possible -do not get shut out. Also, once your reserved time at Southcape has expired, it is then possible to make a reservation for 1986.

Remember, Southcape Resort is a NON-PROFIT ORGANIZATION where all owners share equally in its operating expenses. The future of your resort depends on a conscious effort of each Interval owner to maintain the high standards as well as incorporate the same energy savers as a home owner. Those who abuse the facilities and show noncompliance for rules and regulations will face additional charges.

Enclosed please find a copy of your 1985 budget. The increase in maintenance is in line with the $15.00 assessment which was necessary to close out operations for 1984. Also, the budget reflects rising
operating costs as well as expected inflationary increases. We are confident that 1985 will reflect continued growth and improvement of your five-star resort.

Sincerely,
Edward H. Conforti
Resort Manager

EHC/mt
Enclosure


Dear Interval Owner:

In response to the Annual Homeowners Association Meeting, the following concerns have been addressed:

INDOOR POOL​

The indoor pool has been renovated. All leaking pipes replaced, cracks in fiberglass patched, tiles replaced, and pool repainted.

VIDEO EQUIPMENT​

Video equipment has been installed in the community center, to help in forming a kids center.

HOMEOWNERS DELINQUENCY​

Active efforts by the law office of Terry, Dunning, and Terry have lowered the delinquency of Maintenance and Real Estate Taxes from $39,480.00 to the present amount of $19,588.54. This
represents in a 6% bad debt expense for year to date.

RESERVES AND REPLACEMENTS​

At the present cost of operations, reserves and replacements is projected to total $25,000.00 at the conclusion of 1984. The Board of Trustees have determined that in order to supplement reserves and operating cost, a one-time special assessment of $15.00 per interval is warranted.

Enclosed please find the minutes of The Board of Trustees Meeting and notice of the special assessment.

Respectfully,
BOARD OF TRUSTEES
SOUTHCAPE HOMEOWNERS ASSOCIATION

BOT/mt

Enclosure

BOARD OF TRUSTEES MEETING​

July 31, 1984

Establishment of The Board of Trustees
• Election of Joe Bottari, and Gerald Culbert to Board along with existing Board of members Steve Thurtle and Edward H. Conforti.
• A certificate of proxy for Allan Long was presented by Mr. Thurtle.

A quorum was established.

Discussion of New Business

Budget versus year-to-date figures were inspected.

Unanimous vote for reduction of reserves to $25,000.00.

Unanimous vote to postpone vote on special assessment until Board of Trustee Meeting on October 12, 1984. In order to allow mianagement to implement the following cost saving procedures:

Unanimous votes on the following:

• Reduce maintenance staff by one employee.
• Reduce paper products and supplies to one of each and no back-ups.
• Approval of energy savers and check-out procedures to be posted in each unit. Also, approval of Board of Trustees to bill owners for extra cleaning, damages, or noncompliance with rules and regulations.
• Increase collection of delinquent homeowners dues. Agreed not to honor float reservations for delinquent owners.
• G. Culbert requested copy of all utility bills for study.
• Discussion of $20.00 deposit at check-in for all interval occupants. Tabled for future discussion.
• Voted to look into the cost of payground equipment.
• Voted to have Homeowners Association Stationary printed.

Meeting adjourned until October 12, 1984.

BOARD OF THE TRUSTEES MEETING​

October 12, 1984

Call Meeting to order at 12:30 p.m.

Quorum established.

Minutes of prior meeting read and approved.

Homeowners association stationary approved.

Check-out and energy saving notices posted on back of front doors to all units.

NEW BUSINESS

Deposit for breakage discussed, decision to monitor the units closely until the next meeting on January. (Unanimous Vote)

All of the following items were unanimous votes:

• Any unpaid damages will be added to 1985 maintenance and real estate bill for that owner.
• No glasses in the pool area. Also, no smoking or eating in the indoor pool.
• Review of the year-to-date budget versus actual figures. Despite cost savers, a $15.00 one-time special assessment per interval owned was deemed necessary.
• July 31, 1984, meeting acknowledged the community center was running at a $60,000.00 deficit, homeowners fees were $39,000.00, delinquent and reserves were to be established at $25,000.00.Presently, Homeowner dues are $19,000.00 delinquent (approx. .06%), the community deficit has been reduced to $20,750.00. Projected figures for October -December show a $15.00 assessment will cover necessary expenses.

Discussion of storage facility to be built with washer and dryer facilities. Feasibility study to be prepared for January 4 meeting on cost versus long-term saving as well as improved working conditions for housekeeping staff.

Prepare and mail 1985 budget to all trustees for approval.

Expenses for the Board of Trustees was proposed. A fixed fee of $100.00 per meeting to cover all expenses was voted on.

Next meeting January 4, 1984, at 11:00.

Meeting adjourned.

NOTICE OF SPECIAL ONE-TIME ASSESSMENT​

Pursuant to a meeting of The Board of Trustees on October 12, 1984, in lieu of borrowing money, a special assessment of $15.00 per interval owned has been deemed necessary, in accordance with
the Declaration of Trust of the Master Deed and subject to the provisions of Chapter 183 of the General Laws of the Commonwealth of Massachusetts.

This amount is due within thirty (30) days of the rendering of this statement. Any assessments remaining unpaid thirty (30) days after the due date for payment shall accrue interest from paid date at a rate equal to eighteen percent (18%) a year.

The money from this assessment will be placed in your interest bearing reserve and replacement account at The Bank of New England.

Respectfully,

BOARD OF TRUSTEES

Southcape Homeowners Association, Inc.

BOT/rot

 

[Sou13]

Still searching for documents

Sometime in 1985 I received a proxy form from the mortgage company. I could find only 1/2 of that notice but from that 1/2 I assume it was assuring me that my vote was assigned to the Hallwood Group, Inc., and that the vote would be in the best interest of the resort. *Here is the text of the piece of the notice that I found:


The annual meeting of the
on Wednesday. July 31. 1985. a
on Route 28. in Mashpee, MA-

The Trustees of Southcape
As you may recall. your m
Corporation contains an assign
Hallwood Group. Inc.. or its s
mortgage. This proxy will be
mortgagee deems will promote t
and the best interests of the
Please let us know whethE
EHC/mt


Now I'm wondering whether NEVS is entitled to vote on anything if there is a mortgage on their 500 units.

I'm still searching but have posted these documents in order to shed some light on past activities and whether we are being told "untruths" here.

The above 1984 mailing also included a detailed budget which I am unable to copy and paste into this discussion. Anyone who would like a copy of this budget can obtain it by emailing me for documents (you must be able to open attachments). I've learned how to make these documents into PDF files in order to be able to attach large files to email.

This text file is a reproduction, not an exact replica, of the document. I have tried to faithfully reproduce the text without making corrections that excaped the editor's attention.

This Southcape adventure has been a learning experience for me. Thank you for your patience!

 

[ecwinch]

The owners(dissadent) should chip in and bring their own lawyer to the meeting. Who wants to hear the legal opinion of the opposite side. In most legal cases, even where both sides have good lawyers, one usually loses.

I agree that this would be ideal. However to be meaningful, the attorney would need to become familiar with the governing documents.

Hearing the opinion of the opposite side gives you a starting point. Then you can make a more informed decision without incurring the considerable expense required to have a lawyer review the documents.

By having a methodical approach you can do a lot of initial legwork and discovery on your own without the expense of a lawyer. Then a lawyer has a lot more to work with. If you lawyer up in the beginning, you just start the meter running earlier, and often in matters that you can handle on your own.

It becomes what AwayYouGo always says - "how much justice can you afford"?

 

[e.bram]

Yeah, but a lawyer can go to court(for not too much money in Barnstable Cty,not much going on there) and demand all the necessay documents(sworn to as to authenticity)easily and quickly. Agood place to start rather than begging Cliff and not know if you are getting all the papers.

 

[ecwinch]

My experience with the legal system is different than yours. But it should be investigated. I think you still have the same problem however.

 

[Sou13]

Southcape 1984 Manager's Report

Dear Interval Owner:

Enclosed please find an updated Vacation Calendar thru 1988 and the Minutes of the First Annual Meeting of Southcape Resort & Club Condominium I Trust. I would like to take this opportunity to personally thank the over 230 people who traveled to attend the Homeowners Association Meeting. I feel the concern and input from each individual owner will only enhance the future success of our resort.

Since the meeting, the following topics of discussion have been addressed:

1. A brand new hydrastatic pump has been installed. The resort now has two pumps on line that will allow for a constant flow of water and a minimal amount of heavy iron concentration.

2. The outdoor pool has had all missing tiles replaced and brought back to original shape at no additional cost.

3. We are in the process of petitioning the town for permits to place video equipment in the clubhouse to help form a kids center as well as increase revenues to combat the deficit that presently exists in the community center.

Respectfully,
Edward H. Conforti
Resort Manager

EHC/mt
Enclosures

MINUTES OF THE FIRST ANNUAL MEETING
CONDOMINIUM I TRUST
Tuesday, July 31, 1984​

I. The meeting was called to order at 10:30 a.m. by Edward H. Conforti, Trustee and Resort Manager.

2. Mr. Conforti read a copy of the Notice of Annual Meeting sent to Unit Owners on July 6, 1984. Mr. Conforti introduced the other speakers:
Elizabeth McNichols and Michael Dunning of the law firm of Terry, Dunning & Terry, Mashpee, Massachusetts and Stephen Thurtle, Assistant Vice-President of The Hallwood Group Incorporated, Beverly Hills, California.

3. Ms. McNichols stated that the presence of 25% of the beneficial interest in the Trust in person or by proxy would be needed to establish the quorum required to transact business. Owners of 116 intervals were present in person, representing 7.194 percent of the total voting power. The Hallwood Group Incorporated owned 241 intervals, representing 14.95 percent of the total beneficial interest, and held proxies given to Hallwood. for 14.51 percent of the voting power, in addition to other quorum was stated to be present.

4. Mr. Thurtle gave the report from The Hallwood Group Incorporated. He explained that Umet Properties acquired Atlantic Metropolitan Corporation, and the resulting entity is known as The Hallwood Group Incorporated. He stated that sales activity was continuing and that although he felt that the sales force had "stepped on the toes" of some Unit Owners, efforts would be made to insure that sales activity would not interfere with the use and enjoyment of the premises by Owners. Mr. Thurtle went on to say that there have been feasibility studies made regarding the possibility of future development and that he personally would favor additional development. Mr. Thurtle thanked Mr. Conforti and his staff for their fine management job.

5. Mr. Conforti then gave the report on the Association. He stated that the "next stage" of activities at Southcape Resort & Club was now beginning; remodeling of all 31 units was complete, and sales were nearly 90% complete. He stated that this is the stage where the Trust needs to establish standards for the future operation of the Resort. Mr. Conforti went on to say that the "5-star" award which Southcape Resort & Club received from Interval International, was recently reviewed; Interval International sent surveys to all of their "exchanges" and on the basis of the high ratings from this survey Southcape was allowed to keep the 5-star award.

Mr. Conforti then addressed the major problem of concern to all Interval Owners that being the quality of water at the Resort. He explained that the water is tested by the Barnstable County Health Department, and read from a drinking water laboratory analysis issued by the Health Department in May, 1984. He stated that the water has always passed the laboratory analysis. The latest analysis showed an iron level of .45, and the notes at the bottom of the analysis stated that the presence of iron in quantities of .3 or greater may "give the water a bitter-sweet astringent taste, cause an unpleasant odor, brownish color, and/or cause staining of laundry and porcelain. The analysis further stated that the levels of iron were not deleterious to the health. Mr. Conforti explained that the average iron content on Cape Cod is between .2 to .6, that the problem with the water has existed throughout the eleven years that he has been associated with the Resort, and that nearby New Seabury has experienced similar problems. He stated that in an effort to improve the water situation, a second hydrastatic pump has been repaired and should be on line within the next few weeks. At the present time there is only one such pump on line.

Mr. Conforti announced that weeks 21, 22, and 23 which were previously sold as fixed weeks had been converted to float weeks and were available for reservations. Reservations are being accepted in accordance with prior reservation procedures.

6. Mr. Conforti then gave the report of the financial condition of the Southcape Resort & Club Condominium I Trust. He stated that the balance in the checking account as of July 30, 1984, was $5,121.65; the balance in the savings account as of that date was $95,620.85, for a total of $100,742.50. Mr. Conforti stated that the delinquency in Unit Owner's maintenance fee charges was $39,480.00.

Mr. Conforti announced that there were currently three trustees: Mr. Thurtle, Allan J. Long from The Hallwood Group Incorporated, and himself. He suggested that the Resort was now at a stage where a greater input by Unit owners was desirable, and proposed the expansion of the Board of Trustees to five Trustees. The motion was made, seconded, and passed on a voice vote.

8. Mr. Conforti stated that he had received resumes from several individuals who had expressed interest in serving as Trustees, and invited any other Owners who were present at the meeting to speak if they wished to be considered candidates for the positions. Mr. Conforti explained that he was not going to read the resumes that he had received and that those candidates who had submitted resumes should also feel free to speak. In response to questions from two Unit owners, Mr. Conforti explained that the resumes were obtained from people who had approached him expressing interest in serving on the Board of Trustees and further, that he had not given any written notice to Unit Owners that he was soliciting resumes for the Board of Trustees. Mr. Conforti reaffirmed that anyone present who was interested in serving was welcome to have their name added to the slate. In response to a question from an Owner regarding the fact that The Hallwood Group Incorporated would still control the votes by outnumbering the new Trustees three to two, Ms. McNichols explained that if representatives of The Hallwood Group Incorporated all voted together, they would control the votes. She explained that at this stage of the development, with Hallwood continuing to own 241 intervals and numerous acres of land surrounding the Resort, it was felt that the developer had a significant financial investment and needed to retain control to protect its interests. Ms. McNichols further stated that as soon as it was feasible, the entire control of the Trust would be with the individual Owners and that Hallwood has no desire to retain control for any longer than the period in which they have a significant financial interest in the inventory of the Resort. Mr. Thurtle reaffirmed that The Hallwood Group Incorporated has no interest in long term condominium management and would be turning over the control of the Trust as soon as possible..

A question was raised from the floor regarding the term of office of the various Trustees. Mr. Dunning explained that the Declaration of Trust, while it provided for the resignation or removal of Trustees, does not specify a term. After further discussion, John Budziak made a motion to limit the term of the Trustees to two years; the motion was seconded by Mr. Thurtle, and passed on a voice vote. The question was raised whether this term would apply only to the two new Trustees; Mr. Dunning and Mr. Thurtle affirmed that all five Trustees would be subject to the two year term. Mr. Conforti read the names of the candidates for the Board of Trustees from whom he had received resumes: Mr. Bergh, Ms. Black, Mr. Bodkin, Mr. Finn, Mr. Nagy, and Mr. Price were not present. Mr. Culbert stepped up to the microphone and explained that he was an electrical and mechanical engineer, had experience with the management and maintenance of large industrial projects, and in response to questions replied that he lived in the Weston area and had never worked for Southcape. Mr. Lyons, who works for Raytheon and has experience in cash management, called for more activities for children at the Resort. Mr. Rutter, a Rhode Island resident, expressed concern about the rental of intervals. Mr. McMahon, also from Rhode Island, is a retired CPA, and was a senior partner in his accounting firm. Mr. Brown, a financial planner from Framingham, and Mr. Rottari, formerly in public relations and now a resident of Milton, also spoke. Ballots were distributed and those eligible to vote were instructed to vote for two people each. Mr. Thurtle waived his right to vote any proxies contained in mortgages given by unit owners present at the meeting. Mr. Culbert and Mr. Bottari were elected. The Hallwood Group Incorporated abstained.

9. The floor was opened for questions, answers, and comments. Among the matters brought up for discussion were the following:

-What is the financial status of the Trust?
A. There is currently a $54,000.00 deficit. How to deal with this deficit will be the first order of business of the new Board of Trustees. Letters have been sent to the owners who have not paid their maintenance fees in an effort to collect the $39,000.00 deficiency, and people seem to be responding. To date, we have been dealing with the deficiency by Hallwood lending money to the Trust, without interest, to cover expenses. Mr. Thurtle agreed to send out statements of financial condition to owners.

-Can owners who have not paid their maintenance fees use their intervals?
A. No.

-Does the fact that the Resort is currently operating at a loss take into account money designated as reserves?
A. Yes

-Are these funds escrowed in a separate account?
A. Thus far. reserve funds have not been segregated from the rest of the maintenance fee. The sums are in a regular savings account but will be transferred to a separate account for capital reserves when practicable.

-The Hallwood Group Incorporated currently pays for most of the support of the community facilities. Will they continue to do so once all the remaining inventory is sold?
A. Yes. Unless and until all the remaining land is developed or for at least ten years, Hallwood will have to subsidize the community facilities.

-A gentlemen who owns time shares in other places states that an earlier statement to the effect that the Southcape maintenance fees were average or lower than average compared to other resort does not accord with his experience at other resorts. He states that Southcape maintenance charges are high in comparison with those he is aware of.
A. Mr. Conforti clarifies that the study he referred to was limited to New England resorts where heating and air conditioning drive up maintenance costs.

On future development and its effects on existing Unit Owners.

-If future development takes place, would new owners become part of Trust?
A. Most likely, separate condominiums will be set up, each with its own Trust or Association of Unit Owners. The documents creating the existing condominium, however, give the Developer the right to make this a "phased" project, in which case new units would be incorporated into the existing condominium and Owners would become part of the existing trust.

-Will new recreational facilities be built to serve the new development?
A. No plans to build additional recreation facilities, although this is a possibility. Existing recreation facilities would have to be expanded in proportion to future growth.

-A gentleman points out that currently the sales force usurps a good portion of the clubhouse and recreational facilities, while the management is housed in a trailer farthest from the Units, and asks if this is likely to continue through additional development.
A. No. Plans are in the works for offices for management and sales.

On other topics:

-When taking occupancy for the week, an owner was finding that utensils, etc. are missing.
A. Those in charge of changeovers will be instructed to take inventory more carefully in an effort to solve this problem.

-What are the present sales prices for intervals?
A. No one from sales is present.

-Is the Master Deed still in force?
A. Yes.

-Why weren't Unit Owners notified of merger?
A. The Hallwood Group Incorporated succeeded to all of the rights and responsibilities of Atlantic Metropolitan Corporation upon the merger. Merger was only consummated a relatively short time before meeting. This meeting was the appropriate time to bring it up.

-Is The Hallwood Group Incorporated a publicly owned company?
A. Yes, traded on the New York Stock Exchange.

Following the period of questions and answers, Mr. Bottari moved that the meeting be adjourned. The motion was seconded and carried.

The meeting was adjourned at approximately 12:30 p.m.

 

[JackB62]

Our own lawyer

Sou 13, thanks again for organizing old minutes and condo info. This latest one almost came close to resolving our questions about new owners, Trust, etc.

Just as a note, in the meeting minutes above, item # 3 mentions Elizabeth McNichols. She wrote most of the original Master Deed and Trust for Southcape.

We however, cannot hire her to help us because she is currently working with NEVS. That does not bode well for us.

It does make us realize that we will need some legal help to fight the battle.

 

[Fig]

Question for Eric

Now I'm wondering whether NEVS is entitled to vote on anything if there is a mortgage on their 500 units.

Speaking of mortgages, who makes the payments if NEVS did take out a mortgage on the 500 units? I think Sou, you said Cliff paid $1.5 mil for this. I assume he worked out a similar deal with Sandcastle....which would put him under water even more. I don't know if the inventory on IVS website for Sandcastle is going toward the mortgage...there is a ton there...but what if they don't sell? Then what? Eric, can Cliff pass his mortgage payments to the HOAs...oh knowlegable one in many things?

 

[Sou13]

October 2005

Southcape Resort News​

October 2005​

Southcape Rentals Still Going Strong​

By: Christine Woods

The summer of 2005 got off to a slow start for much of the Cape, as early June rains fell over the region. While many businesses felt the negative effect of this weather on their summer totals, Southcape's numbers remained right on track.

As we continue to bring in a steady stream of rental revenue, more improvements continue to be made to the resort. During this past year we fulfilled our promise of renovating Units 38-42, and we plan to repair the indoor pool this winter.

Also this year for the first time we will continue our Activities' Nights throughout the winter. These include Wine and Cheese Night, Pie Night and Ice Cream Night.

There are still discounted weeks available for sale! ! ! !​

> This is a great way to introduce someone to timeshare !​

If interested, please contact our sales manager, Carol Scully at (508)-477-4700 ext. 204​

Important Announcements for the Upcoming Year​

Robert P. Woods
Trustee

.:. Maintenance Fees

Due to the rising cost in the price of energy and the costs associated with delivering fuel onto the cape, we will be raising our maintenance fees for the first time in two years. Fees have increased by $35 for this upcoming year. This is an increase of 3.5% per year, and is in line with standard cost of living increases.

.:. Annual Meeting

Many owners attending last year's meeting requested that the date of the meeting be changed. Therefore this year's meeting will take place on May 20, 2006, the Saturday AFTER Mother's Day.

.:. Renovations

As promised last year, we were able to renovate Units 38-42. As monies continue to come in, we can
continue working towards our goals of renovating Units 43-49 during 2006.

.:. The Town

A few new stores opened this past season in the Mashpee Commons. New stores include Appleseeds,
Coldwater Creek and Picket Fences.
.:. Smoking Issue

We have heard from numerous owners about making the units smoke free. Because we are sensitive to the needs of both smokers and non-smokers we would like to hear feedback from our owners

 

[Sou13]

October 2006

Southcape Resort News​

OCTOBER 2006​

Dear Friends:

As the days grow noticeably shorter, it is time, once again, to review another year at SouthCape Resort. This past year has been a stressful time for our country, and with the increasing cost of fuel, many of our owners have opted to vacation at their own resort. It has been wonderful to see so many of you! It is the collective hope of our trustees and staff that you have found, at SouthCape, a peaceful oasis for your vacation. Many of you have expressed your delight in reconnecting with familiar staff members, and, indeed, I consider the stability and dedication of our longstanding staff to be Southcape's greatest
asset!

However, although much remains comfortably familiar at Southcape, 2006 has also been a year of exciting change. Many of you will have met our three new staff members by now: Kevin who has joined Evarist on our maintenance staff, Trish who manages the front office, and Cathy who has joined Beverly in presiding over our evening activities. All bring a wealth of experience and enthusiasm to our efforts to maintain and improve your resort.

We have placed a strong emphasis on activities during this past year, continuing our evening activities throughout the off -season, and adding others to our summer schedule. Many of you have expressed appreciation of these efforts. Patty's weekly cookouts have been a particular favorite! We are also currently working on creating a small library that our owners and guests may use for their vacation reading.

Eight units were renovated this spring, and it is our hope to renovate another eight early in 2007. We are also planning to attend to some exterior painting next spring. The indoor pool was painted in February, and roofs were replaced on two of the units. We had a particularly warm spell in August and several air conditioning units also had to be replaced. And finally, due to health considerations, we respectfully request that all units be smoke free. As always, we will be having our annual owners meeting in May. This year the meeting will take place on Saturday, May 19, 2007.

This has been my first year as resort manager, and it has been a fulfilling and thoroughly enjoyable experience. Many of you have stopped by to wish me well. I thank you all for your encouragement and support. It is the relationships that we have formed throughout the years that make my experience at SouthCape so pleasant and meaningful, and so much more than "a job." I wish you all a peaceful winter, and I look forward to seeing you in 2007.

Sincerely,

Rosaleen Cassidy
Resort Manager

 

[ecwinch]

Speaking of mortgages, who makes the payments if NEVS did take out a mortgage on the 500 units? I think Sou, you said Cliff paid $1.5 mil for this. I assume he worked out a similar deal with Sandcastle....which would put him under water even more. I don't know if the inventory on IVS website for Sandcastle is going toward the mortgage...there is a ton there...but what if they don't sell? Then what? Eric, can Cliff pass his mortgage payments to the HOAs...oh knowlegable one in many things?

Continuing my unauthorized law practice that will forever keep me out of the state of MA, I do not think that Cliff can directly pass his mortgage payments to the HOA. He certainly can extract mgt fees from Southcape to keep him in the positive side of the ledger however.

 

[e.bram]

ewinch:
Why don't you buy(maybe others owners will buy or give you one)an SC TS and be one of their happy owners. Then you will be representing yourself which is not considered the unauthorized practice of law. (you can always represent yourself).
You also might be able to represent yourself if you are invited for a tour to see what you are getting into.

 

[ecwinch]

That would only be acceptable if someone donated a week that is about to be foreclosed on.

I would love to represent myself in a foreclosure hearing and argue the point that the foreclosure is based on inaccurate m/f. That the m/f is inaccurate because the expenses are not properly allocated as per the declarations. I think that would be the least expensive way to assess the veracity of Cliff's position.

 

[Sou13]

Southcape Condo II Master Deed

The missing Master Deed for Southcape Condo II is recorded in Book 5937, Page 135, and the Timeshare Supplements thereto, dated May 7, 1986. This can be found by searching public records at https://72.8.52.132/ALIS/WW400R.PGM but because I do all my posting from a public computer I am unable to access this deed. It isn't to my knowledge available for free anywhere online.

I've finally found my original deed! I've been a Southcape interval owner since March, 1983!*

What I have posted is all that I've found of my meeting minutes so far, but it gives me and anyone reading the meeting minutes reason to wonder whatever became of the other Board members. Why were they not replaced? Where are the amendments that limit members to two-year terms?

There are other legal issues that need to be addressed. I hope that more of this needed info will surface before the meeting next Saturday!

 

[tombo]

That would only be acceptable if someone donated a week that is about to be foreclosed on.

I would love to represent myself in a foreclosure hearing and argue the point that the foreclosure is based on inaccurate m/f. That the m/f is inaccurate because the expenses are not properly allocated as per the declarations. I think that would be the least expensive way to assess the veracity of Cliff's position.

OK Southscape owners, here is your offer. Someone give him a week in collections and get him involved in your complaint.

Eric there was one for sale for $1 on e-bay. You could buy it and be an owner who could go to the meeting and discuss things. Heck if you are an owner Cliff will talk to you on this thread.:hysterical:

 

[Sou13]

$2.5 million mortgage?

I'm now looking at the deeds for New England Vacation Services and am finding that NEVS has a mortgage of $2.5 million With Colebrook Financial Services LLC!


Pages in document: 82
Grp: 1
Type: Mortgage Doc$: 2,500,000.00
Desc: SEE INSTRUMENT

Town: MASHPEE Addr: 950 FALMOUTH RD
Town: PROVINCETOWN Addr: ROUTE 6A

Gtor: NEW ENGLAND VACATION SERVICES LLC (Gtor)

Gtee: COLEBROOK FINANCIAL COMPANY LLC (Gtee)


Ref By: 03-18-2009 Partial Discharge In book: 23537-176
Ref By: 03-18-2009 Partial Discharge In book: 23537-181

Return addr: DUNNING KIRRANE MCNICHOLS & GARNER LLP
REGISTRY BOX # 9
P. O. BOX 560
MASHPEE, MA 02649

 

[ecwinch]

I'm now looking at the deeds for New England Vacation Services and am finding that NEVS has a mortgage of $2.5 million With Colebrook Financial Services LLC!

Wow! He is going to have sell those 500 units for a lot more now. I thought 1.5 was going to be hard.

Southcaper's it looks like your going to be getting granite countertops, expresso machines, PS3's, iPods, and big flat panel tvs in every room to support those prices.

Sou13 - what property is pledged against that mortgage?

 

[Sou13]

Partial Discharge

Bk-Pg:23537-176 Recorded: 03-18-2009 @ 10:05:13am Inst #: 13836 Chg: N Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Partial Discharge
Desc: UNIT 409 TIME 9
Refers to Book: 23138-185

Town: PROVINCETOWN Addr: ROUTE 6A

Gtor: COLEBROOK FINANCIAL COMPANY LLC (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: FESTIVA RESORTS
1 VANCE GAP ROAD
ASHEVILLE NC 28805

Recording Fee: 50.00 State excise: .00 Surcharge: 25.00


Bk-Pg:23537-181 Recorded: 03-18-2009 @ 10:05:13am Inst #: 13838 Chg: N Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Partial Discharge
Desc: UNIT 403 TIME 9
Refers to Book: 23138-185

Town: PROVINCETOWN Addr: ROUTE 6A

Gtor: COLEBROOK FINANCIAL COMPANY LLC (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: FESTIVA RESORTS
1 VANCE GAP ROAD
ASHEVILLE NC 28805

Recording Fee: 50.00 State excise: .00 Surcharge: 25.00

 

[Fig]

I'm now looking at the deeds for New England Vacation Services and am finding that NEVS has a mortgage of $2.5 million With Colebrook Financial Services LLC!

Wow, looks like Cliff bought at the top of the market too. Little wonder he is trying to get Outfield Marketing to sell for him. He may have to sell 8 or more units a month at a couple of grand each just to make the mortgage payments. (And don't forget he also is strapped with Sandcastle...look at the inventory he is trying to unload http://www.ivsrealty.com/sainv.htm)

Just thinking out loud here, but do you think the scheme to have Outfield Marketing sell Festiva points to paying owners came because selling units on-site to walk-ins just wasn't profitable enough to get Outfield Marketing involved, so to make it worth while for Mr. Thomas, Cliff opens up his whole database to Outfield Marketing and arms them with deeds so they can fly around the country and push Festiva points, which is much more profitable for Outfield/Festiva at a few grand a pop than a paltry commission on a $2000 resale? Voila, Cliff gets a sales force that can hopefully help him sell enough units to meet the mortgage payments, for no extra money, Outfield/Festiva get big bucks for selling points and the owners, well....they get a lot of telemarketing calls at dinner to set up visits to pay $3000 to convert to worthless Festiva points...oh, yes, and they get charged for new roofs on buildings that got them a few years back.

 

[Fig]

B



Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: FESTIVA RESORTS
1 VANCE GAP ROAD
ASHEVILLE NC 28805

Hmm....so, maybe Festiva owns more of Southcape than Cliff is letting on?

 

[tombo]

We know that Festiva owns the weeks they talked owners into giving up so they could join the Festiva points club. I wonder if they own any of Cliff's weeks too.

 

[e.bram]

Cliff:
You should offer MinVacs with generous freebies to sell your NEVS units and Festiva points. I would come and maybe ewinch too. Give you a chance to show your sales ability and make some money toward your mortgage.

 

[Sou13]

Owners, not NEVS

Wow, looks like Cliff bought at the top of the market too. Little wonder he is trying to get Outfield Marketing to sell for him. He may have to sell 8 or more units a month at a couple of grand each just to make the mortgage payments. (And don't forget he also is strapped with Sandcastle...look at the inventory he is trying to unload http://www.ivsrealty.com/sainv.htm)

Just thinking out loud here, but do you think the scheme to have Outfield Marketing sell Festiva points to paying owners came because selling units on-site to walk-ins just wasn't profitable enough to get Outfield Marketing involved, so to make it worth while for Mr. Thomas, Cliff opens up his whole database to Outfield Marketing and arms them with deeds so they can fly around the country and push Festiva points, which is much more profitable for Outfield/Festiva at a few grand a pop than a paltry commission on a $2000 resale? Voila, Cliff gets a sales force that can hopefully help him sell enough units to meet the mortgage payments, for no extra money, Outfield/Festiva get big bucks for selling points and the owners, well....they get a lot of telemarketing calls at dinner to set up visits to pay $3000 to convert to worthless Festiva points...oh, yes, and they get charged for new roofs on buildings that got them a few years back.

According to my telephone conversation, that inventory is Sandcastle owners who have listed with IVS Realty.

What sent up the red flag for me was when Cliff Hagberg claimed that he doesn't even update that website and is going to let it run out. All of the inventory is old and the special offers are, too.

There are a lot more owners want to sell Sandcastle weeks than there are listings for Southcape on IVS.

 

[Sou13]

Intercity Escrow Services

Bk-Pg:23174-211 Recorded: 09-25-2008 @ 9:34:43am Inst #: 49843 Chg: Y Vfy: N Sec: N

Pages in document: 91
Grp: 1
Type: Declaration Of Trust
Desc: SEE INSTRUMENT

Town: COUNTY

Gtor: INTERCITY ESCROW SERVICES (AS TR) (Gtor)

Gtor: FESTIVA RESORTS ADVENTURE CLUB TRUST AGREEMENT (BY TR) (Gtor)


Return addr: FESTIVA RESORTS ATTN CATHY BRADDOCK
ONE VANCE GAP ROAD
ENVELOPE
ASHEVILLE NC 28805

Recording Fee: 200.00 State excise: .00 Surcharge: 25.00