[2008] Southcape Resort

[w.bob]

Sou13,

Thank you for attending the meeting & trying to keep us updated as to what occurred. I was hoping to attend but because of my line of work I can never really make definite plans.

Is there any one thing that still bothered you after attending the meeting and getting answers to questions from the current board. I know one of the concerns here is the election of owners to the board. What about the special assessment levied to owners this year going towards work that may have been already done?

Again thank you for keeping me informed. That goes to all of you who attended and are posting here.

 

[ecwinch]

Give us a break, Eric! It was a long meeting and I had to come on earlier than usual today to try to catch up with emails such as this one:

Just eager for some news. No offense intended.

 

[Sou13]

You betcha!

Sou13,

Is there any one thing that still bothered you after attending the meeting and getting answers to questions from the current board.

Yes, and I hope to address all of them ASAP!

Meanwhile, look for more posts from owners who attended and I hope to return before 4 p.m. I posted a reply to ChrisH at http://www.timeshareforums.com/foru...-ri-ma-vt-nh-me/78809-southcape-resort-2.html but the Timeshare Forums posts have to be approved by a moderator and mine has yet to be approved.

 

[Sou13]

Thanks and special thanks

I want to thank the Southcape TUGgers who made a point of arriving early enough to be able to meet me outside the tennis courts, and a special thank you to nancyt who lives more than six hours away and had to stay overnight along the way, which is why she couldn't stay until the end.

I also want to thank all the Southcape owners who turned out for the meeting this year, whether it was 200 or 120! If Jane's count is accurate, I need a refresher course in math! And yes, the Jane in the front row is the Jane whose face I couldn't recall from meeting outside.

The reason I couldn't put a face on Jane until now was that when I met her outside the tennis courts we weren't together as a group and I was passing out the agenda documents. Owners were arriving from all directions and by the time I met Russ45 it was time to move inside.

Before getting to the agenda, I want to continue with my first-hand account of my first annual meeting experience. I approached with trepidation because I didn't know what to make of that email from capeguitarguy. He never found me outside where he knew we were supposed to be meeting and when I saw a guy sitting at the trustees' table I wasn't sure whether he was "capeguitarguy" until he got up and addressed us. He may have spotted me from inside but that was my first opportunity to adjust my mental image of him. I was looking for a tall guy in a cowboy hat and boots and had to re-image him as a middle-aged businessman in a brown sports jacket!

My impression of capeguitarguy as our manager was that he does let us express our opinions and can make adjustments such as changing the "adjournment" to a "recess" but that because he owns only 25% of NEVS and the other 75% is owned by Outfield Marketing, he doesn't have a controlling interest in our resort!

There were some complaints about the "confrontational" atmosphere but overall it was kept orderly and even civil. He (capeguitarguy) tried to recognize everyone who requested to speak and I got to speak about four times. He even sat down and let me read from the 1990 Southcape Rumor Mill. When he needed a break he didn't recess until the owners actually requested that we let him take a break and come back. At that time he suggested that we take advantage of the recess to walk around and view the improvements which in fact are taking place (those tables outside the tennis courts are great and new to me).

I'm still trying to find out whether all the Southcape TUGgers got to meet one another. I know that this discussion has been getting a lot of views and that there are owners who have found us and I hope will join us. Until we can access the owners' list (which Outfield Marketing has) this is a first step in joining forces against a Festiva takeover. We have Rebecca willing to fight for her own and her parents' interest and there's another real estate attorney who has requested to serve on the proposed advisory council (I'll address that when I get to the agenda).

I hope that capeguitarguy will revisit this discussion because if he's sincere and not pulling a fast one on us he may have a lot more to lose than we do. I'm going to take a break now and once again hope that others will post their impressions of the meeting and our intrepid trustee/manager capeguitarguy.

 

[Sou13]

Still not ready to get to the agenda

Still not ready to get to the agenda, I’m still reflecting on the afternoon’s events. I’ve been in contact with the other Southcape TUGgers for their recollections where mine aren’t clear because while I may be able to post the answers they may not have been given until after the recess.

At the opening of the meeting a woman in the front row stood up and complained that we need to complain to the AG about what’s happening at Southcape Resort. The owners and trustee suggested that she wait until later and that we first go through the agenda. At some point later on, perhaps during the recess, she began circulating a tablet for us to sign her petition for an investigation. I didn’t sign it until she brought it to me, and she asked for my email address as well. If my memory serves me correctly, I also gave her the TUG forums website address. But I didn’t get her name and address, even after we met again later on and she told me how close she’d come to signing her deed over to the Festiva Adventure Club Trust!

At some point another tablet got passed around, along with a pen. The woman sitting next to me told me that it was for us to give our email addresses. From that point on it included my pink post-it notes pad of info about how to find this discussion on TUG. When nancyt brought the addresses to me and asked whether I could copy them online I referred her to Betty and then she walked around the room but didn’t give them to her. Meanwhile I didn’t get all those post-it notes given out and was disappointed in myself for not making them more self-explanatory.

When I heard from nancyt she had copied the email addresses herself and sent them to me. I have yet to contact these owners with an explanation for why I’m contacting them and how I got their email addresses, which is another reason I’ve not yet addressed the agenda. I wasn’t the only Southcape TUGger there, y’know!

There are owners who have been reading this discussion and there are owners who might be reading and posting after finding out about us. We’re even a trackback on the other timeshare forums website! So keep on posting and I’ll keep on looking for owners to add to the discussion. I found another one today, and she might even be a local call for me this summer!

Meanwhile, you might try contacting the other Southcape TUGgers for their perspectives. That’s what I’ve been doing!

 

[Fig]

My impression of capeguitarguy as our manager was that he does let us express our opinions and can make adjustments such as changing the "adjournment" to a "recess" but that because he owns only 25% of NEVS and the other 75% is owned by Outfield Marketing, he doesn't have a controlling interest in our resort!
QUOTE]

That kinda contradicts how Cliff has presented himself on this board. He seems to want to make you think he controls everything. Maybe he does, maybe he doesn't.

Before you accept the above at face value, you might want to get some financial documents to back that up. Though Cliff, the head of Outfield and Festiva seemed all at one time to serve key positions for ARDA and it might be how this how cabal got going, it's kinda hard to believe Outfield ponied up most of the $2.5 million for the deal. Festiva has much deeper pockets and all the legal documents appear to be going to their headquarters. But Festiva has been getting a boat load of legal hassles with no less than two AGs, so they might want to stay in the background even if they are the prime investor. On top of that, they might like to make you think Outfield is a "third party" even if they are in Festiva's back pocket in case Festiva is sued, once again, for claims Outfield makes about Festiva points. On the other hand, Outfield does have the most to gain by charging people 3 grand to give up their deeds...a practice that should make them "Outlaw Marketing"...I do hope some AG can look at this absurd practice. Hopefully, between the down economy and people Googling Festiva Resorts and Outfield Marketing and hearing about the these "secret" home meetings where they try to get you to pay to give up your deed, they aren't making much headway on the points conversion front. I find it hard to believe this will be a good year for Festiva, Outfield or NEVS financially. The only source of revenue seems to be hiking managment fees or robbing owners of deeds for thousands of dollars. Oh, yes, and selling units..well, that's kinda dried up too. Time will tell. Keep the info flowing.

 

[Sou13]

An invitation

I'll be staying in Unit 8 at Southcape Resort over the Memorial Day weekend. I want to extend an invitation to anyone interested in finding out why I'm so hung up on the place to give me a ring at (508) 477-4700 x 108 Sunday or Monday and come pay us a visit! I'll be enjoying my 4/3 split, which is why you'll have to come Sunday or Monday. (Check-out is Tuesday a.m.) I can't provide much more than a place to sit, so bring your own beach towels (the outdoor pool is supposed to be open, too!) and a picnic lunch if you're interested in coming.

I won't be posting much here over the weekend so please keep this discussion going. Take another look at what Fig posted above and what capeguitarguy's been posting to the Sandcastle discussion. And give me a ring even if you can't pay us a visit!

 

[Sou13]

Thank you, Fig!

My impression of capeguitarguy as our manager was that he does let us express our opinions and can make adjustments such as changing the "adjournment" to a "recess" but that because he owns only 25% of NEVS and the other 75% is owned by Outfield Marketing, he doesn't have a controlling interest in our resort!
QUOTE]

That kinda contradicts how Cliff has presented himself on this board. He seems to want to make you think he controls everything. Maybe he does, maybe he doesn't.

Before you accept the above at face value, you might want to get some financial documents to back that up. Though Cliff, the head of Outfield and Festiva seemed all at one time to serve key positions for ARDA and it might be how this how cabal got going, it's kinda hard to believe Outfield ponied up most of the $2.5 million for the deal. Festiva has much deeper pockets and all the legal documents appear to be going to their headquarters. But Festiva has been getting a boat load of legal hassles with no less than two AGs, so they might want to stay in the background even if they are the prime investor. On top of that, they might like to make you think Outfield is a "third party" even if they are in Festiva's back pocket in case Festiva is sued, once again, for claims Outfield makes about Festiva points. On the other hand, Outfield does have the most to gain by charging people 3 grand to give up their deeds...a practice that should make them "Outlaw Marketing"...I do hope some AG can look at this absurd practice. Hopefully, between the down economy and people Googling Festiva Resorts and Outfield Marketing and hearing about the these "secret" home meetings where they try to get you to pay to give up your deed, they aren't making much headway on the points conversion front. I find it hard to believe this will be a good year for Festiva, Outfield or NEVS financially. The only source of revenue seems to be hiking managment fees or robbing owners of deeds for thousands of dollars. Oh, yes, and selling units..well, that's kinda dried up too. Time will tell. Keep the info flowing.

This is worth repeating. Thanks, Fig!

 

[Sou13]

How the sly fox got into the henhouse

This was posted on March 24, 2009:

Sandy, it might be possible to get the subject title corrected by contacting a TUG moderator. Presently it's unclear that this is for Southcape owners. I contacted a moderator before posting the "Festiva Adventure Club" discussion and subsequently the discussion got "moved" and renamed "Festiva takes over resort" which helped Southcape owners looking for info here.

We need to get together someway somehow, even if it's here for starters. We need to have a meeting of the minds in order to plan a strategy for the annual meeting.

If you haven't paid your $400 you might want to try contacting rcassidy@southcaperesort.com for info. I hope that by now Cliff Hagberg is too busy spending the money to have time to answer email!

There is also supposed to be a trustees meeting before the end of March. It may have already taken place. Russ45 was successful in getting a copy of the meeting minutes which he posted in the "Southcape Resort" discussion. We need to get more vocal about requesting minutes and adherence to the terms spelled out in the Bylaws and Massachusetts General Law.

I'm continuing to search for Southcape owners and am still versing myself in the Master Deed. I appreciate your support.

If you prefer keeping the plans from the trustees you can email me privately and I can forward them to the rest of my "Southcape" egroup.

That very day I had an email request via TUG to add "capeguitarguy" to my elist, which I promptly did. From that point on "capeguitarguy" was receiving every message I put out or forwarded to my "Southcape" egroup.

On March 26th I emailed this message to everyone on that list, including "capeguitarguy":

Dear Southcape owners,

Russ and I need your help. At least two if not a dozen or more letters need to get into the mail to the Board of Trustees in time for the next board meeting if at all possible. Russ has already done a bangup job getting vital info which he has posted in the "Southcape Resort" discussion. As the deadline for the first installment of the "Special Assessment" is nearly upon us, here are some of my thoughts for you to put into your own words, add your own, and fire off to the Board:

It has come to my/our attention that the composition and actions of the Board of Trustees are in violation of the Bylaws of the Community Association, Inc.

Therefore, the Special Assessment levied on Unit Owners cannot legally be collected and spent until the required percentage of owners have assented to this assessment.

To date there has been no written notification of owners as required in the Bylaws. Reasons for the assessment and penalties for not contributing on time do not constitute the written notification required in the Bylaws.

Furthermore, the Board of Trustees has not been duly elected by the Unit Owners and the members of the Board constitute a conflict of interest with the rights of the Unit Owners.

I therefore am hereby giving written notice of my objection to the Special Assessment and all capital improvements over $10,000 which have been undertaken by the Board.

You can send your thoughts by "snail mail" and send a copy by email for greater effect. Address them to the Board of Directors, Community Association, Inc. using the address on the assessment or the one on your 2009 maintenance fee assessment.

We will greatly appreciate hearing from as many of you as possible. I will keep on publishing whatever can safely be published in order to reach out to the yet-unidentified members of the Community Associaion, Inc. while working on my own notice to the Board and possibly beyond.

Yours for a better owners' association,

Ele (Sou13)

On March 27th I received this message from a Southcape TUGger who had copied and pasted the bold part above into an email to "Rosaleen Cassidy" <rcassidy@southcaperesort.com> with Cc to me, southcapeowners@gmail.com, and Rebecca Trail at her law firm's email address.

Here's the reply:

Thank you. We are in receipt of your email.


Clifford Hagberg
New England Vacation Management Services, LLC


On Mar 27, 2009, at 10:14 AM, Rosaleen Cassidy wrote:

In a matter of hours we were assaulted with this:

My name is Cliff Hagberg and I am a trustee at Southcape Resort. I
am concerned about a number of untruths and misrepresentations that
have appeared on this board and i am perfectly willing to address
issues of concern for any owner at Southcape Resort. Please
understand that I cannot discuss legal issues nor will I respond to
any personal attacks. Having set those ground rules, I would
very much appreciate an opportunity to try and answer those questions
that any owner at Southcape might have. I look forward to a fruitful
dialog
http://www.tugbbs.com/forums/showthread.php?p=693201#post693201

It was clear to me that the intent of this entry into the discussion was to discredit and marginalize Sou13. The assault continues at http://www.tugbbs.com/forums/showthread.php?p=725579#post725579 ( Sandcastle P'town owners - major news) where he posts this:

Ah, Eric my friend, how've you been? If I had super powers and a secret identity, I wouldn't be so obvious as to tell people I'm from the Cape and have a guitar! It would be something like Timeshareman!!

Sou13, you're just getting things all mixed up again.

and this:

By the way, what is this capeguitarguy thing all about?

I sought an explanation for how "capeguitarguy" can't be found on the users' list and got this from NEVMSLLC' friend MakaiGuy:

People don't get listed in the User List until they post a message to the board. There are almost 23,000 people that have registered but never posted, and here's no reason to junk up an already huge list with folks that may well never establish any presence on the board. Most of them have never returned since their initial visit.

Capeguitarguy registered on the day he sent the first message via the bbs, Mar 24, and has not logged on since.

So there you have it, folks. Now you know why I don't believe I can trust the sly "capeguitarguy" and why I believe he is not above using deceptive practices in dealing with deeded Southcape owners, especially long-time owners of the coveted Condo I deeds. If you don't believe me, go to https://72.8.52.132/ALIS/WW400R.HTM?WSIQTP and do a free public search for InterCity Escrow Services in the town or Mashpee. You'll find that most of the owners who converted to Festiva points are in Condo I!

I've been reluctant to address the agenda posted for the annual meeting because although I was there, I wasn't taking notes. I was filling out the pink post-it notepad. Gotta go now.

 

[w.bob]

I'll be staying in Unit 8 at Southcape Resort over the Memorial Day weekend. I want to extend an invitation to anyone interested in finding out why I'm so hung up on the place to give me a ring at (508) 477-4700 x 108 Sunday or Monday and come pay us a visit! I'll be enjoying my 4/3 split, which is why you'll have to come Sunday or Monday. (Check-out is Tuesday a.m.) I can't provide much more than a place to sit, so bring your own beach towels (the outdoor pool is supposed to be open, too!) and a picnic lunch if you're interested in coming.

I won't be posting much here over the weekend so please keep this discussion going. Take another look at what Fig posted above and what capeguitarguy's been posting to the Sandcastle discussion. And give me a ring even if you can't pay us a visit!

Ele (Sou13)

I hope your enjoying the holiday. I would have loved to visit but unfortunately it wa not possible. Actually I have not been to Southcape in a number of years. How is the place looking? Has our special assesment been put to good use?

Wishing everyone a happy & healthy holiday. Also a special THANK YOU to all of our veterans and active service men & women as well as those who died protecting us.

 

[Sou13]

A quick update from Southcape Resort

My stay at Southcape is over and I'm checking in from the Mashpee Public Library where I may be able to stay on if there's nobody waiting for Internet access.

There's a new wrinkle at Southcape Resort. Her name is JoAnn and she hangs out in the clubhouse waiting to pounce on owners to book them for "15 minute" appointments with "Frank" in "Owner Services" who she claims has been at Southcape for two years. Pressed for more info she might let it slip that he's actually with Outfield Marketing. She's been there for only two weeks and makes it look as though she's being kept very busy booking appointments.

When you call (508) 477-4700 you get a recording identifying the # as the "Owner Services" department at Southcape Resort. I told JoAnn that I've been coming to Southcape for over 25 years and had never heard of an "Owner Services" Department!

Today "capeguitarguy" is at Sandcastle and I could still go back to meet this "Frank" if I want to give a first-hand report of what he has to say to me.

I was able to get my time extended for another 20 minutes and want to post as much as I can here. We need to keep bumping this discussion to the top of the U.S. - Eastern forums page so that anyone who takes one of those tear-off slips that I posted on the bulletin board can find us. I was able to give out four of those post-it notes I had left over from the annual meeting, and got to talk to one owner (and her daughters) who has owned a float week even longer than I have. She kept telling me I was mistaken when I told her that we have no representation on the board. She used to go to the annual meetings when they were still being held on July 31st regardless of the day of the week (unless it fell on a Sunday) and that made it hard for the working owners. She told me that we used to have an owners' association but couldn't say what had become of the association. She has moved to FL and her daughter gets her Southcape mail which is why she didn't fully understand my concern. They promised to catch up with us here.

When I left the resort the tear-off sheets were still on the bulletin board but how long they'll be there depends on who keeps an eye on the board. It looks as though it's not meant for owners to post there even though there are plenty of push-pins provided.

I didn't get any calls from interested TUGgers with nothing better to do than come pay us a visit. It was a beautiful Memorial Day and there was plenty of activity on the outdoor tennis courts, where the tennis pro was teaching his young students. There's still enough interest in tennis to keep the "Club" part of Southcape Resort a source of revenue.

Keep posting!

 

[Fig]

There's a new wrinkle at Southcape Resort. Her name is JoAnn and she hangs out in the clubhouse waiting to pounce on owners to book them for "15 minute" appointments with "Frank" in "Owner Services" who she claims has been at Southcape for two years. Pressed for more info she might let it slip that he's actually with Outfield Marketing.
Keep posting!

Hmmm...they used to be so proud of the Outlaw um, er Outfield Marketing brand...is it really so tarnished that they have to refer to themselves as "Owner Services?" Sounds like someone you call to handle your drycleaning or advise a dogwalking service. Strange.

 

[Carolinian]

Why don't you seek the advice and assistance of fellow timeshare owners at another Cape Cod resort which has been succesful in getting an owner controlled HOA in place and ousting developer management. See www.edgewaterownersma.com

 

[Fig]

Why don't you seek the advice and assistance of fellow timeshare owners at another Cape Cod resort which has been succesful in getting an owner controlled HOA in place and ousting developer management. See www.edgewaterownersma.com

Wow, they have their act together. A pdf right on the website where they can fill in the blanks and send it off to AG. Maybe you should tailor one for Southcape with all violations in addition to not providing a list. http://www.edgewaterownersma.com/frequently_asked_questions/sample 93A.pdf

 

[Fig]

Who exactly is Outfield Marketing?

Hi Sanford

1. Why would it be inappropriate for a member of one of the top sales and marketing organizations in the country to be a board member of a resort that desperately needs sales and marketing?

When you Google "Outfield Marketing," the company Cliff is referencing, this is the address you get:

212 E Hickory St Denton, TX

Hmmm...does this look like the headquarters of 'one of the top sales and marketing organizations in the country"? Click on street view to take a tour.

http://maps.google.com/maps?oe=utf-...vMsF&sa=X&oi=geocode_result&ct=title&resnum=1

Oh, wait, there is more! Mapquest has them at 135 Hickory...take your pick of ramshackled buildings along that street. The interesting thing is, they also list them as Festiva Resorts, LLC. http://www.mapquest.com/maps?city=Denton&state=TX&address=135 E Hickory St&cat=Festiva Resorts

Cliff tries to downplay the relationship between Festiva and Outfield, but I fail to see how a business run out of a run down shed on E Hickory in Texas could afford a $2.5 million dollar loan for Southcape and Sandcastle...unless of course Festiva holds the cards.

 

[Fig]

Strange things happening inside of Outfield Marketing's headquarters

Cliff appears to be a big fan of Google as he is always encouraging people to use it. Well, you can use it to get pictures of what goes on inside of buildings as well as out. When you Google Outfield Marketing, 212 east hickory street, denton, tx, you get a picture of a front of building with a plastic sign and some sort of device that looks, well, like a bong.

http://maps.google.com/maps?hl=en&c...3ewF&sa=X&oi=geocode_result&ct=title&resnum=1

Apparently it is a "hookah" lounge....before you go jumping to conclusions...here is a picture of what goes on inside. The address shows up in the article. http://media.www.ntdaily.com/media/...on.Lounges.Cater.To.Hookah.Fans-3400432.shtml

Now, I must say, this is a very unconventional pastime for one of the countries top sales and marketing organizations...aka Outfield Marketing. Or, maybe not....:hysterical:

 

[Russ45]

Cliff appears to be a big fan of Google as he is always encouraging people to use it. Well, you can use it to get pictures of what goes on inside of buildings as well as out. When you Google Outfield Marketing, 212 east hickory street, denton, tx, you get a picture of a front of building with a plastic sign and some sort of device that looks, well, like a bong.

http://maps.google.com/maps?hl=en&c...3ewF&sa=X&oi=geocode_result&ct=title&resnum=1

Apparently it is a "hookah" lounge....before you go jumping to conclusions...here is a picture of what goes on inside. The address shows up in the article. http://media.www.ntdaily.com/media/...on.Lounges.Cater.To.Hookah.Fans-3400432.shtml

Now, I must say, this is a very unconventional pastime for one of the countries top sales and marketing organizations...aka Outfield Marketing. Or, maybe not....:hysterical:

135 East hickory street is also home to a Festiva business. Not much space for two companies. I wonder who the Festiva office employs there?

 

[Fig]

Try 135 East hickory street. You'll also see it's home to a Festiva business.

Yes, I had looked into that...it puts the business across the street. If you do a Google street view...you get two different buildings at that approximate address which look a little bigger than potting sheds. The hair solon up the street..."Griffin" looks more impressive.

Looks like a fake headquarters to me...I can't believe anyone at Festiva or Outfield would call that headquarters. Unless they were trying to set up a TX address for some purpose other than establishing a real business.

 

[Russ45]

Yes, I had looked into that...it puts the business across the street. If you do a Google street view...you get two different buildings at that approximate address which look a little bigger than potting sheds. The hair solon up the street..."Griffin" looks more impressive.

Looks like a fake headquarters to me...I can't believe anyone at Festiva or Outfield would call that headquarters. Unless they were trying to set up a TX address for some purpose other than establishing a real business.

I saw that after I posted. Festiva's headquarters is in NC? I think the TX office is a branch.

 

[Fig]

I saw that after I posted. Festiva's headquarters is in NC? I think the TX office is a branch.

Yes, Festiva is in NC. The interesting thing is, they might have set up a Limited Liability Corporation at this address, which also shows as Outfield Marketing's address. Again, the legal relationship between Festiva and Outfield raises questions.

The building appears to be the little white building as it appears the other is Denton County Law Enforcement Assoc at 139 E Hickory.

The little white building would not be big enough for most people's garage, never mind an office for "the country's leading sales and marketing' organization. Two of the Outfield Marketing people are your trustees...one of whom was making sales calls in MO before the AG slapped Festiva with a ruling against them there.

With Trustees like these...well, you know the saying....

 

[Russ45]

Yes, Festiva is in NC. The interesting thing is, they might have set up a Limited Liability Corporation at this address, which also shows as Outfield Marketing's address. Again, the legal relationship between Festiva and Outfield raises questions.

The building appears to be the little white building as it appears the other is Denton County Law Enforcement Assoc at 139 E Hickory.

The little white building would not be big enough for most people's garage, never mind an office for "the country's leading sales and marketing' organization. Two of the Outfield Marketing people are your trustees...one of whom was making sales calls in MO before the AG slapped Festiva with a ruling against them there.

With Trustees like these...well, you know the saying....

As well as received an FCC citation as part of Silverleaf.

 

[Fig]

As well as received an FCC citation as part of Silverleaf.

Indeedy...Thomas C. Franks was President of Silverleaf when the FCC cited them. http://www.fcc.gov/eb/Orders/2002/EB-02-TC-256.pdf

Here is the info on Steve Lamatia where a couple ran him out of their house for trying to sell them points...http://www.tripadvisor.com/ShowTopi...tiva_Outfield_Marketing-Branson_Missouri.html
Shortly after this the AG in MO ruled against Festiva for its sales practices...and now Steve is your trustee!

So, these darned government people keep getting in the way of marketing these timeshare units...no telemarketing....no promises of the units worth. Who is left to contact legally but other owners thru "visits."

And Cliff, as holder of the list for Southcape, is most likely the person arming Outfield with deeds (how else do they show up at people's doors with deeds in hand trying to get owners to buy worthless Festiva points) a practice that really should be looked at by Martha Coakley the Mass AG. But refusing to give owners a look at the HOA list...that is a clear violation of Mass General Laws.

And now all three of these gentlemen are your trustees and together they appear to have taken out a $2.5 million mortgage against Southcape (and Sandcastle) units just before the real estate market tanked and now they are trying to sell these units that don't even bring $1 on Ebay. How will they pay the mortgage?

It's like leveraged robbery...take out a $2.5 million dollar loan to buy some units that hopefully you can sell for more than the mortgage by flipping them. Whoa....economy hits the skids...maybe the flipping is flopping? In the meantime spruce up the property using not your money, but the owners money of units outside of the ones you own. Get appointed as Trustees so that you have absolute power and others can't question why your hundreds of units pay no mf toward the upkeep of the property.....what a deal! Invest nothing...have others pay (banks and owners)....and reap the rewards. Trouble is...something called a recession seems to have gotten in the way.

 

[Sou13]

February 1984 Southcape letter found

Dear Owner:

1983 was an impressive year at your resort! !

Construction was completed on schedule for units six through thirty-one. In addition, the outdoor pool and jaccuzzi were opened for use during the warm summer months. The attractive landscaping around the units will beautify the resort year-round. Additional changes occurred that are not quite as visible. A new pump system was installed, while other repair and maintenance activities were undertaken to assure you a carefree vacation on the Cape.

You are one of nearly 1,600 owners of interval weeks here at the Resort. And, as an owner, you have a lot to be proud of. Due in large part to the employees here at the Resort, Southcape was awarded the prestigious Five Star Award by Interval International, our exchange organization. Only sixty resorts world wide received this coveted honor.

Many of you exchanged time at other resorts during 1983. Comments from those who visited at your resort were most favorable, and we have received many positive letters from those of you who stayed at other Interval International resorts.

To enhance your ability to exchange your week at the Cape for a week at another resort, we are developing a direct exchange program (subject to availability) with two excellent resorts: Plantation Beach Club located in Hutchinson Island, Florida and Pelican Resort Club located in St. Maarten, the Caribbean.

In response to a number of requests, we have also started a rental program for those of you who wish to rent out your week at Southcape. We will be running periodic ads and working closely with local real estate agents to assist you. For information about the new exchange or rental programs, contact the Resort office at (617) 477 -4700. In order to keep costs to all owners as low as possible, we can no longer accept collect calls.

To clear up some questions about the reservation procedures, we have highlighted some of the more important guidelines below:

Float week owners must reserve time regardless of what unit and week you were deeded. Float week intervals are between weeks 1 to 20 (January 7, to May 26, 1984) and weeks 38 to 52 (September 22 to January 5, 1985).

Float Time Reservations for 1985 cannot be made until you have used or exchanged your full reservation allotment for 1984. Float Time Reservations may be made up to 18 months in advance.

Float Time Reservations for 1985 cannot be made until you have used or exchanged your full reservation allotment for 1984.

Float week owners may reserve time:
a. as a seven day week from 3:00 p.m. Saturday to 10:00 a.m. the following Saturday;
b. as a three-day period from 3:00 p.m. Saturday to 10:00 a.m. Tuesday or;
c. as a four-day period from 3:00 p.m. Tuesday to 10: a.m. Saturday.

Bonus days can only be reserved up to six days in advance. Bonus days are based on unit availability.​

The 1984 maintenance and tax assessments ($200 and $10, respectively) total $210. This represents a modest 4% increase over 1983's assessment. We have made a concerted effort to hold costs to a minimum. At the same time, we will maintain the high standards you have set here at the Resort.

We have attached a bill indicating your total charges for all weeks owned together with a self-addressed envelope. Please return the bill with your check made payable to "Southcape Resort & Club Condominium Unit I". Out of fairness to all owners, we cannot honor reservations for time already reserved unless we receive payment in full by February 29, 1984. Reservations for future time cannot be made until we have received payment.

If we can answer any questions, please do not hesitate to call us at (617) 477- 4700.
We are looking forward to seeing you again in 1984.

Sincerely,

Edward H. Conforti

Resort Manager

EC/mt

Enclosure.

Some interesting facts to note here:

There were 1600 owners of interval weeks in February 1984. When questioned at the annual meeting whether the projected MF for 2009 included the $50 reserve, "capeguitarguy" Cliff Hagberg answered that it does not. This means that in 2009 there are only 1800+ MF-paying owners out of 55 codominium units with 51 weeks each which totals more than 2800 weeks! So more than a quarter of a century later we have added only 200 MF-paying owners to the pool! The burden of financing 1000 non MF-paying weeks falls on the backs of those of us who want to remain as deeded owners!

 

[Sou13]

Thank you, Fig and Russ!

Those are revealing posts you've made on this page and I don't want to detract from them by posting the above. I hope that viewers will skip back to your posts and get the ball rolling in Massachusetts!

 

[Fig]

Oh, look at this Massachusetts General Law!

CHAPTER 183B. REAL ESTATE TIME-SHARES


Chapter 183B: Section 35. Discharge of manager


Section 35. (a) During the period of time the developer appoints, controls or serves as the managing entity, the owners may discharge the manager with or without cause in the manner provided by this section in addition to any manner permitted by law or the project instrument.

(b) Any owner may prepare a ballot affording the opportunity to indicate a preference between retaining the present manager and discharging him in favor of a new manager; provided, however, that the owners of at least one time-share or other estate or interest in each of a number of units to which at least ten per cent of the votes are allocated sign a petition authorizing said owner to prepare said ballot on their behalf. A copy of said ballot and of any letter to be mailed with said ballot shall be delivered to the manager. Said ballot and a copy of any said letter, together with a copy of any written reply received from the manager containing no more pages than said letter, shall be mailed not less than ten or more than thirty days from the date of delivery to said manager to each owner by the owner who prepared the ballot.

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So, looks like you may be able to boot Cliff? Oh, Eric, am I reading this correctly? If he gave my deed to some college kid to set a home meeting and lie to me about Festiva Adventure Club and ask me for 3 grand....I certainly wouldn't want him running my resort.

Futhermore, if he was in cahoots with with two other guys who had been cited by the FCC and the AG in MO and they had a $2.5 million dollar loan on hundreds of the units at my property but were paying no management fees and then had the cahonahs to turn around and charge me a special assesment so that they could up their property values down the line when they tried to sell them making a profit on the hundreds of units at my expense, I'd want him no where near my property.

But hey, it's your property...so do as you wish...just passing a little info along here.