[2008] Southcape Resort

[tombo]

You are more than welcome. This is A HORRIBLE organization who takes over great resorts to the detriment of the owners IMO. They will try to not reveal any details on who got the refurbishing jobs in advance, or how they chose the company once they have signed a contract. Try to make them get 3 or more bids and you will run into a brick wall. Suggest a good local contractor you are familiar with and they will probably never even contact them. Can you say possible kickbacks (IMO)? It will be hard to prove anything with the limited information you will receive. If any reputable organization is undertaking a job of several $100,000, it would only make sense to choose a company and budget based on multiple bids. The transparency would help the owners feel that Festiva could be trusted and the bids would get the best price for the owners. Giving out a detailed annual financial report to owners should be an automatic, not something you have to beg and fight to receive. They will generically tell you in letters what all needs to be done and put their price on it, but specific details on expenditures will be few and far between.

I wish you luck fighting them. If you can beat them at one resort, all resorts will have a chance. I am hanging in there at my resort (Blue Ridge Village) where they have used a slightly different twist on their normal assault. At our resort we of course need MF increases just to be able to pay our bills, but assessments aren't needed yet because we have some reserves. They are going to raid our reseves for refurbishments and upgrades. Of course once the reserves are depleted I am sure that the assessments won't be far behind because as they are quick to say at other resorts, reserves are necessary to operate. If we all need reserves so bad why are they raiding ours? We know why, but proving wrongdoing is hard if not impossible.

Keep fighting and good luck!!!!!!

Tom

 

[nancyt]

Thanks, Rus, for writing down my thoughts. If legit, I'm wondering if there is a ceiling that can be asked. Not that I have an extra $400 at the moment to send to them, but I'm wondering if they could have asked for a million. At any rate, transparency and accountability is now in vogue and I would like to see open books on the table for all of us to see before I pay anything. I would like to know how my money is being spent before I pay and I want more notice before I come up with any extra cash. If the by-laws need to be changed, they need to be changed.

 

[nerodog]

sea mist resort/ cape

Hi after reading all of the posts, just wanted to point out to others considering staying here that Seamist also has one floor units which are 1BR and 2BR . Not all are townhouse configurations as one earlier post mentioned !!! There are not stairs in every unit !!!

 

[Russ45]

No problem Nancy,

I have yet to hear back from Cliff on the Board of Trustees. In the annual letter Cliff claimed Outfield Marketing would be knowlegeable on owner issues, but I have not had contact with them and somehow I doubt an outfit designed for sales of intervals is going to know the Board members. Has anyone asked Outfield for tis information? I guess my next step is to send a certified letter requesting this information since emailing Rosaleen is apparantly not enough. If they don't provide information but still demand the special assessment and threaten to lock us out if we don't pay, our recourse is to file a complaint with the AG or file a class action lawsuit against the Board (whoever that is), which I hope we would never have to do. Remember, this special assessment is 67% of our yearly maintence fees and would result in giving Community association over $500,000, this year with NO SPECIFIC CAPITAL IMPROVEMENTS OR IMPROVEMENT COST DETAILS. The special assessment notice was also improperly served as there is no indication who it is from, the details of what it will be used for, and any contact information. The mail in address for the fee is Community Association inc, rte 28, Mashpee, MA, which I'm not even sure the USPS would know how to deliver.

 

[Sou13]

Why I wish I'd read the Festiva discussion

I'd never heard of the Festiva Adventure Club when I went to Southcape in November. I'd never exchanged my week or even gone on any Interval International escapes. My membership in I.I. had been a waste of money.

Then I received two calls from Outfield Marketing and learned why. Worried that the new "owners" would be raising my maintenance fees to finance upgrades I didn't want, I made an appointment with Gregg Hughes, on-site sales rep.

I went for info about why the MF had been raised, how bad it could get, and how owners could exert any power over escalating maintenance fees and how they will be used.

What I got was a glowing picture of the Festiva Adventure Club compared with a gloomy picture of how deeded owners WILL BE assessed for ever-increasing maintenance fees over which they will have NO CONTROL.

Furthermore, as Festiva Adventure Club continues to grow, members can expect to have increasing choices while enjoying lower maintenance fees.

What I have since learned was that I should have joined TUG and read the discussion of Festiva before meeting with the Outfield Marketing sales rep.

I have info to pass along to Southcape owners who email me. I am now attempting to locate Southcape owners. I am getting calls from telemarketers who claim they found me on the Internet. Can anyone help me find this same info?

 

[Sou13]

Another unhappy Southcape owner

We are very upset about what is happening at Southcape, too. My husband and I went to last year's owners' meeting for the first time since becoming owners a few years ago. At the meeting we were told that the owners of the unsold inventory (Mr. Barth and Mr. Woods from whom we purchased our week) were looking for a buyer. Little did we know what a mess they would end up creating for the rest of us owners when they sold. Perhaps they didn't realize themselves what was going to happen when they sold their weeks to Cliff Hagberg and NEVS. I wonder if they knew at the time that the owners would be individually contacted and "coerced" into turning over their deeded ownership to become members of the Festiva points system. I like to think not.

I called the resort and left a message for Rosalyn Cassidy, the Southcape general manager, because I was told she wasn't speaking directly with owners when they called, but that she would return calls at a later date. That was a few days ago, and I have yet to hear from her, and I am not hopeful that I ever will.

We have our 2009 week reserved for mid-March, and I asked the woman in the office with whom I spoke if we would be able to use our week if the special assessment hadn't been paid by then. She said she didn't think so, but she wasn't sure. I asked her to have Ms. Cassidy call me ASAP, so I could find out from her. Still haven't heard anything.

I am going to send Ms. Cassidy an email addressing our concerns and asking questions about the special assessment and who is controlling things at the resort now, but given the info on the Southcape thread at TUG, it seems unlikely that I will hear from her via email either.

What is the latest info you have on this situation? Have you heard from any other owners, and, if so, what do they (and you) plan to do if anything?

We were called a while ago asking us to make an appointment to have someone come to our home to discuss all the changes that were taking place at Southcape regarding our ownership. We declined to meet with them and hadn't heard from anyone since then until we received the special assessment info in the mail demanding payment by March 1, 2009.

I'm not quite sure what you mean by our offering our unit for sale during the Memorial Day weekend that you were there. We don't recall talking with anyone about selling our week, but my memory isn't what it used to be. The only thing we know for sure is that we have no intention of transferring our Southcape deed to anyone in exchange for Festiva points.

Have you heard when the owners' meeting will be held this year? I know it was on May 17 last year, but I'm not sure if it is always held in May.

 

[Sou13]

Email document

I've offered a document to Southcape owners via email that needs some editing. I will update that today if possible.

 

[Sou13]

"Knowledge is Power"

Knowledge is power. There are many, many Festiva owners at different resorts posting their displeasure on numerous web sites, not just a few here on TUG. The ability of all of these owners to post on all of these web sites allows the rest of us to be forewarned. Please read through all of these posts and look for any owners coming to Festiva's defense with good reviews or happy owner's stories.

Festiva bought the Atrium in 2005, and we can easily see how well that is working out for the owners there. Festiva only recently acquired peppertree/Wyndahm and is about to begin renovations, assessments, etc. at many of our resorts. You can be proactive and let Festiva know that we won't lay down and be assessed to death, or you can stick your head in the sand secure in the knowledge that the benevolent Festiva would never do that to the owners at your resort. The best predictor of future actions are one's past actions.

Discussions of assessments etc:

http://stmaartenstmartin-jeff.blogsp...ers-alert.html

Bankruptcy references:

http://www.timeshareforums.com/forum...t-maarten.html

A forum with more happy Festiva owners:

http://www.tripadvisor.com/ShowTopic..._Missouri.html

Another Forum expressing joy of Festiva:

http://www.traveltalkonline.com/foru...22&Main=866789

Another forum discussing the 200% assessment. A commercial and residential property manager (on down in the posts) expresses his opinions on their handling of assessments, renovations, etc based on years of experience:

http://www2.gobeach.com/sxm/read.php?1,61769,page=3

This forum discusses how Festiva contacted people's companies who had posted complaints from their company e-mail address. Festiva figured they could get them in trouble at work since they couldn't defend themselves with facts. Nice tactic to contact someone's employer trying to get them in trouble or fired simply because owners are upset with your mgt of their vacation resort.

http://festiva-resorts.pissedconsume...221113613.html
--------------------------------------------------------------------------------
Last edited by tombo : July 29, 2008 at 09:34 AM.

 

[tombo]

Some other Festiva Fans:

http://www.complaints.com/directory/2005/september/27/28.htm

http://www.complaintsboard.com/complaints/festiva-resorts-c84042.html

http://www2.gobeach.com/sxm/read.php?1,61769,page=2

http://www.ripoffreport.com/reports/0/356/RipOff0356189.htm

 

[Sou13]

Some other Festiva Fans:

http://www.complaints.com/directory/2005/september/27/28.htm

http://www.complaintsboard.com/complaints/festiva-resorts-c84042.html

http://www2.gobeach.com/sxm/read.php?1,61769,page=2

http://www.ripoffreport.com/reports/0/356/RipOff0356189.htm

Thank you again, tombo. I was unable to locate the link to that "Knowledge is power"contribution until today: http://www.tugbbs.com/forums/showthread.php?p=566884&highlight=Knowledge+power#post566884

 

[Sou13]

Outfield Marketing sales strategy

The sales strategy of Outfield Marketing is to focus on the downside of interval ownership. Weeks for sale on eBay for $1, no bids! Closing costs involved in unloading weeks. Burden on heirs who don't want your week(s) and can be sued for unpaid maintenance fees and special assessments.

The supposed "beauty" of converting to "points" according to the sales rep is that you get to sign over your deeded week to the Club, which holds it in trust for you for 40 years, renewable in 10-year increments. All you or your heirs have to do to walk away from your investment is to NOT PAY the maintenance fee or special assessment!

This is how Festiva SCARES deeded owners into anteing up thousands of dollars and giving up their deeded weeks in exchange for "points" in the ever-growing Club. How do you unload those weeks if all you can expect is ever-escalating maintenance fees and special assessments?

After 90 or more minutes your head is spinning. You may be offered more "points" on the first visit than you supposedly will be offered later. I was warned, by someone who'd kept an appointment, to bring a lawyer with me!

That was good advice. Have an attorney present who can ask to see the 16-page sales Agreement while you listen to the presentation. You can email me for a copy of the parts I've been able to copy so far. I've had to edit the document I've offered thus far and hope to be able to offer more in the near future. (The reason the file needed editing was that there were errors in the transfer from the scanned copy to the Internet file.)

Meanwhile, go to http://www.festivaresorts.com/index.php and look at which resorts Festiva has acquired so far. But you won't be able to access the Festiva Adventure Club! In order to determine whether you'll have enough points to stay a week or 4 days or 3 days at any of these resorts, you need the points charts which are accessible to members only.

Not worried enough yet? Read tombo's Festiva discussion and find out for yourself how long it takes to get a rep to answer. The # is 866-933-7848. You MUST reach a rep in order to get your User password to access the Club.

Southcape may have become an easy target for a ("hostile"?) takeover in part because the Community Association, Inc. is a mystery to most owners who are enjoying their weeks at the Resort or trading them through membership in I.I. or RCI.

If you go to a presentation, beware of false claims about Club membership. The truth is that you need the most points to reserve a year to 31 days in advance, but you must try to find something available 30 days or less before your desired week if you don't have enought points to reserve up to but no more thana year in advance. As for the 4-day and 3-day stays, you can't reserve them more than 45 days in advance and you must find a 4-day and a 3-day split that's available for your use. There's no such thing as a stay of fewer days than that, so this is no advantage for Southcape "float" week owners!

Now compare this to deeded Southcape ownership. At Southcape Resort you can reserve a year or more in advance when checking out or staying at the Resort. You get to choose the week and the unit from the available inventory. You can expect that unit to be ready and waiting for your arrival.

Compare that to membership in the Club. You might as well be booking in a hotel. If you want to stay at Southcape, you will probably be staying in Southcape II, not Southcape I, unless Southcape I owners have been lured or scared into "converting" to points.

It's "float" week owners who may have the most to lose. Suppose you want to reserve a week in 2010 but haven't yet used your week for 2009. What I don't understand is, are ALL the unreserved weeks available to Festiva Adventure Club members, ar are only those weeks that deeded owners have turned over to the Trust?

Furthermore, does this mean that you are locked into the week you owned on paper only when you bought your week at Southcape? When I bought my week I was told it was on paper only but that my actual stay would be determined by reserving within the "float" week inventory, which runs from September(?) to the end of May.

Now compare this to how I get to choose my "float" week at the Ocean Club at Atlantic Beach. I get to choose only from the weeks in my color code, and I get to reserve them as soon as I pay my MF, which means that the sooner I pay, the better choice I have.

This is a lot to chew on. Read it and weep, and stay tuned for more!

 

[Sou13]

More about Outfield Marketing

Outfield Marketing was hired by New England Vacation Services to contact owners of Southcape deeded weeks and present them with the "opportunity" to convert deeds to the "points" system within the Festiva Adventure Club.

I called the toll-free # (800-436-9094) and learned that the Texas-based office can be reached from 9 a.m. to 9 p.m. Eastern time.

I wanted to know how NEVS had "acquired" ownership of Southcape Resort. The customer rep speculated(?) that they had to own more than 50% of the unsold inventory in order to have a controlling interest in the Resort!

Whoa! If this is true, how is it that more than 50% of the inventory remains unsold? Look at the inventory offered for sale by Hagberg's realty listing. Does that look like more than 50%?

There's got to be something illegal going on here. We're being handed a "special assessment" of $400 to pay for "upgrades" that have already taken place!

Furthermore, if we refuse to pay, we'll be unable to use our weeks and be turned over to Monterey Financial for collection!

Why didn't Mr. Barth and Mr. Woods ever resort to these tactics? Why didn't they put more effort into selling the inventory and divesting themselves of the controlling interest in the Resort?

The rep also provided me with the telephone # of NEVS, which is 508-477-3197.

Am I alone in my anguish and anger over this? SOS! SOS! SOS!

 

[Laurie]

Why didn't they put more effort into selling the inventory and divesting themselves of the controlling interest in the Resort?

Perhaps to do precisely what they have done - to sell a controlling interest, for a higher price than the intervals would have netted them separately?

 

[Sou13]

Edited "Why We Need a Special Assessment"

Why We Need a Special Assessment​

Southcape Resort enjoys its great reputation as a vacation resort serving the needs of owners, exchange and rental guests as well. We have thousands of people coming through our doors each year and meeting the wants and needs of that many is a never-ending challenge.

We've recently made great strides at Southcape. We're adding wireless internet throughout the resort, installing a new computer system, replacing the old and outdated telephone system and replacing the old work-out equipment. Our collection activities have brought in tens of thousands of dollars in delinquent maintenance fees and those activities are continuing.

Over the past twelve to eighteen months, the Resort's comment cards as well as comments received from the exchange companies and owners have held a common theme and that is: The Resort is showing it's age with respect tothe condominium interiors and exteriors in Condo 1 and the exteriors in Condo II. While the majority of the comments are complimentary to the overall vacation experience, it is the other comments that cannot be ignored. In addition, there is a fair amount of deferred maintenance that has not been able to be remedied out of the maintenance fees. It is imperative that the Resort retain the reputation it has earned by the Association focusing on the wants and needs of owners, exchange guests and rental guests.

The value of each owner's method of use is directly affected by the quality of goods in the condominiums and the overall appearance of the Resort. An owner's use and enjoyment is the easiest to understand. We must keep up the resort's standards for the benefit of our owners. The Resort's rating by the exchange companies is based on comment cards received from people that have stayed at Southcape Resort and is the number one criteria for Southcape owners wishing to exchange out. From a rental perspective, the overall condition of our Resort is what drives the rental rates and repeat business.

Above and beyond the regular capital improvement projects, many additional improvements must be made in order to keep up with the resort industry standards. Those improvements to the Resort need to include, but not be limited to, such projects as:

Replace furniture and fixtures in the interiors
New carpeting and flooring
Replace rotting siding on four buildings
Replace leaking roofs in four buildings
Paint and repair trim work throughout the Resort
Upgrade existing septic systems to conform to DEP regulations


The need for these renovations is real and the cost associated with each project will not go down. The longer the improvements are delayed the greater the cost in the future. Your Board of Trustees, keeping their fiduciary responsibilities foremost in mind, has discussed, voted and approved a Special Assessment of $400.00 per interval. The Special Assessment and payment options are included on the enclosed invoice which is due by March 1, 2009 to permit us to begin the exterior work before the start of the summer season. Thank you again for your continued support of Southcape Resort.

 

[Sou13]

Hagberg's Email Address?

Cliff Hagberg <ivs@ivsrealty.com>

 

[Sou13]

Access to Festiva Adventure Club

http://www.festivaresorts.com/fac_login.php

FAC19043

 

[Russ45]

Cliff Hagberg <ivs@ivsrealty.com>

Check out IVS Realty's website and you'll see that IVS also represents Southcape sales as a realtor .

 

[Sou13]

Check out IVS Realty's website and you'll see that IVS also represents Southcape sales as a realtor .

That's http://www.ivsrealty.com/scinv.htm

Look at the inventory. How are float weeks Red/White/Blue or Red/Yellow/Green? The float season at Southcape Resort has run from September to the end of May. Is it legal for Cliff Hagberg to come in and change that? Can anyone find out whethr the deeded weeks are in any way protected from this? (I can't find my deed!)

 

[BM243923]

You can view your deed in the county records. Check Barnstable County Records

 

[Sou13]

Plug-In Needed!

You can view your deed in the county records. Check Barnstable County Records

This site uses Popups. Certain functions, such as the Print Cart, will not work if you have Popups disabled. Please review our HELP/SUPPORT/FREQUENTLY ASKED QUESTIONS document for more information.
You need special image handling software to view or print documents on this site.

If you are running Windows 98 or higher and Internet Explorer version 5.5 or higher, you can use either the Browntech Image Plugin or our Java Applet, which requires an up-to-date Sun Microsystems Java VM. If you are not using Windows or Internet Explorer version 5.5 or higher, you must use the Java Applet. Click on either link and follow the instructions for either downloading and installing the viewer or for utilizing the Java Applet.

Please review our HELP/SUPPORT/FREQUENTLY ASKED QUESTIONS document for more information.
https://72.8.52.132/ALIS/WW400R.PGM

 

[Sou13]

Damaged file

http://www.festivaresorts.com/fac_login.php

FAC19043

I attempted to access the Rules and Regulations and got the message that the file is damaged and could not be repaired.

The FAQ link does work, though.

 

[Sou13]

Administrative fee

I attempted to access the Rules and Regulations and got the message that the file is damaged and could not be repaired.

The FAQ link does work, though.

Please note your first reservation each year is made at no charge, however there is an administrative fee for each additional reservation in a calendar year.

 

[BM243923]

Are you saying you could not get into Barnstable County Records. I have viewed my deed online. You cannot print it without paying but you can read the document. You have to download the program they say or you cannot view.

 

[Sou13]

Conversation with Cliff Hagberg

We are very upset about what is happening at Southcape, too. My husband and I went to last year's owners' meeting for the first time since becoming owners a few years ago. At the meeting we were told that the owners of the unsold inventory (Mr. Barth and Mr. Woods from whom we purchased our week) were looking for a buyer. Little did we know what a mess they would end up creating for the rest of us owners when they sold. Perhaps they didn't realize themselves what was going to happen when they sold their weeks to Cliff Hagberg and NEVS. I wonder if they knew at the time that the owners would be individually contacted and "coerced" into turning over their deeded ownership to become members of the Festiva points system. I like to think not.

I called the resort and left a message for Rosalyn Cassidy, the Southcape general manager, because I was told she wasn't speaking directly with owners when they called, but that she would return calls at a later date. That was a few days ago, and I have yet to hear from her, and I am not hopeful that I ever will.

We have our 2009 week reserved for mid-March, and I asked the woman in the office with whom I spoke if we would be able to use our week if the special assessment hadn't been paid by then. She said she didn't think so, but she wasn't sure. I asked her to have Ms. Cassidy call me ASAP, so I could find out from her. Still haven't heard anything.

I am going to send Ms. Cassidy an email addressing our concerns and asking questions about the special assessment and who is controlling things at the resort now, but given the info on the Southcape thread at TUG, it seems unlikely that I will hear from her via email either.

What is the latest info you have on this situation? Have you heard from any other owners, and, if so, what do they (and you) plan to do if anything?

We were called a while ago asking us to make an appointment to have someone come to our home to discuss all the changes that were taking place at Southcape regarding our ownership. We declined to meet with them and hadn't heard from anyone since then until we received the special assessment info in the mail demanding payment by March 1, 2009.

I'm not quite sure what you mean by our offering our unit for sale during the Memorial Day weekend that you were there. We don't recall talking with anyone about selling our week, but my memory isn't what it used to be. The only thing we know for sure is that we have no intention of transferring our Southcape deed to anyone in exchange for Festiva points.

Have you heard when the owners' meeting will be held this year? I know it was on May 17 last year, but I'm not sure if it is always held in May.

Today I am reporting what I hope will be good news for Southcape Resort interval owners, especially off-season "float" owners like myself.

Since Rosaleen is overwhelmed with replying to a flood of email from disgruntled and disturbed owners like myself, I tried a different tactic and sent email to the address on the realty site. My message was brief: Subject Southcape Resort. Message please call me at (etc.)

It worked! Cliff Hagberg called me!

So today I am happy to report that the news that Southcape Resort was sold to NEVS may not be as dire and dreadful as it may appear. I have been authorized by Mr. Hagberg to pass along as much info as I can to as many Southcape owners as I am able to reach.

If all works out as he told me it should, I shouldn't have to hide behind the ridiculous "Sou13" username much longer and can "come out" in this discussion.

Meanwhile I invite you to email me for the edited TERMS AND CONDITIONS for membership in the Festiva Adventure Club. I've sent out eight copies and have yet to hear back from any of the recipients, which seems strange given the time and effort I've put into making this file available.

 

[Sou13]

Addressing some owners' concerns

The inventory offered at http://www.ivsrealty.com/scinv.htm is not the inventory that NEVS purchased from Mr. Barth and Mr. Woods. That invenory won't be availabe for sale until the resort has been upgraded as a result of what should be a long overdue one time only special assessment.

My Hagberg's speculation of Mr. Barth's and Mr. Woods' reason for not offering relief to owners by selling the unsold inventory is that they didn't want to give up control of the Resort. But Southcape Resort has been operating in the red and maintenance of the septic system was neglected until it broke down and the Town of Mashpee started playing hardball with the Resort.

Taxes went unpaid, and the Town of Mashpee now owns 2 1/2 acres surrounding the visitors' parking lot, as well as Condo III which were seized for nonpayment of taxes. It was only through Mr. Hagberg's efforts that we are allowed to park on the town's land!

The Town of Mashpee also played hardball over the failed septic system, and it could have cost a lot more if Mr. Hagberg hadn't entered into an agreement to connect with the sewer system when it becomes available.

So maybe the Outfield Marketers were's lying about Mr. Barth and Mr. Woods taking the money and running. What they were doing (or NOT doing is illegal in Massachusetts!

I do not own (or want to own) a computer, and my online time is from the public library, which is why I can't share all I want to share at once. So stay tuned and I'll get those documents to you ASAP upon request.