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[2008] Southcape Resort

Classylassy523

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but now that we have NEVS asserting "developers' rights" which should have ceased to exist 20 years ago, I've fallen out of love with timeshares. I still love the resort as it used to be but not as it now is.

Do you think that might be part of their agenda? Make us so miserable that we will just throw in the towel, give up and just turn our property over to them?
 

Classylassy523

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They have to be stopped

The owners have no choice but to stop them (NEVS, Festiva, Outfield Marketing). We have to do whatever it takes to protect what we own. It if means hiring a lawyer or lawyers, complaining to state and federal governments, getting our story out to the public, and/or starting a class action suit that involves any and all owners around the country who have fallen prey to Festiva, NEVS and Outfield Marketing. We have all worked hard to purchase and maintain what is ours, and allowing these creeps to take it away from us or making us miserable so that we don't enjoy ourselves at our resort is unconscionable.
 

Carolinian

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The owners have no choice but to stop them (NEVS, Festiva, Outfield Marketing). We have to do whatever it takes to protect what we own. It if means hiring a lawyer or lawyers, complaining to state and federal governments, getting our story out to the public, and/or starting a class action suit that involves any and all owners around the country who have fallen prey to Festiva, NEVS and Outfield Marketing. We have all worked hard to purchase and maintain what is ours, and allowing these creeps to take it away from us or making us miserable so that we don't enjoy ourselves at our resort is unconscionable.

You are aboutly correct. At four resorts where I own or have owned, the homeowners had to band together and fight to kick developers who had overstayed their welcomes out the door. It all of them, the homeowners won. In most of them, the new elected HOA also ended up owning the developers remaining inventory at part of the settlement at no new cost to the HOA. Developer dictatorship is not going to go away unless the owners get together and make it go away.
 

bhound54

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Am I glad I found this discussion -- no!

Thanks for the info and aren't you glad you found this discussion?

No. I had sent for and received my beach permit (as I did last year) before the discussion so my post only benefited others, not me.

When I signed up Southcape TUGBBS threads, I had no idea about the nasty tone and non-substantiated conjectures that I would receive on a daily basis. It is difficult to ignore the obnoxious posts and I am considering cancelling my subscription to this discussion board.

BTW, my wife and I are in possession a printed copy of the Southcape Resort & Club Condominium I Master Deed and Supplement, which we received back in 1982 when we purchase our first week.
 

ecwinch

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Eric, if you are overcharged for something do you just keep quiet about it?

Eric, I don't know why you're convinced that just because "FestivaRep has specifically denied the allegations" tombo has "raised regarding the business relationship" means that you can believe FestivaRep any more than you can believe NEVMSLLC when he claims that the 550 weeks owned by NEVS are being sold by Outfield Marketing, that owners can see the books by appointment, and that "Mr. Hagberg has no ownership interest in either Outfield or Festiva." Don't take their words at face value.

No, you do not keep quiet about it. But you do not fail to pay the bill and expect that you can retain your rights. If you want to make that symbolic protest, that is fine. But recognize that it hurts you more than it hurts NEVS. Next Cliff can foreclose on you, and you will have no rights at Southcape.

If you want to engage in innuendo to further the cause that is fine. But now it is extending into areas that are extreme; by speculating that Festiva is not paying m/f on weeks that have been converted to FAC. Like I said in my example, once you go down that path were do you stop? It just makes the group here look exactly as Cliff characterized them. That does you no good.
 

ecwinch

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You are aboutly correct. At four resorts where I own or have owned, the homeowners had to band together and fight to kick developers who had overstayed their welcomes out the door. It all of them, the homeowners won. In most of them, the new elected HOA also ended up owning the developers remaining inventory at part of the settlement at no new cost to the HOA. Developer dictatorship is not going to go away unless the owners get together and make it go away.

Do you not mean the burden of the developer inventory? Was there significant value to the inventory that the developer walked away from?

I do agree with core premise, that change will only come when the majority of govening body is concerned owners that protect the interests of the owners. I am not of the opinion that means throwing the developer out. I have poorly run resorts that have no developer involvement. Kicking out the developer is not a panacea for everything.
 

ecwinch

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When I signed up Southcape TUGBBS threads, I had no idea about the nasty tone and non-substantiated conjectures that I would receive on a daily basis. It is difficult to ignore the obnoxious posts and I am considering cancelling my subscription to this discussion board.

I think it is important to recognize that every cause brings some extreme opinions, and by nature they tend to post more than others. I think it is important for the group as a whole to self-moderate the discussion. If you let the extreme opinion cause you to drop out, then the situation gets worse and to the detriment of all. I hope you will stick around.
 

Sou13

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Then can you help us out?

No. I had sent for and received my beach permit (as I did last year) before the discussion so my post only benefited others, not me.

When I signed up Southcape TUGBBS threads, I had no idea about the nasty tone and non-substantiated conjectures that I would receive on a daily basis. It is difficult to ignore the obnoxious posts and I am considering cancelling my subscription to this discussion board.

BTW, my wife and I are in possession a printed copy of the Southcape Resort & Club Condominium I Master Deed and Supplement, which we received back in 1982 when we purchase our first week.
I purchased my float week in 1983 but if I was given a copy of the Master Deed, I don't know where it is. Can you help us? If I refer you to pages can you answer our questions?

I printed a copy when it was still available on the Southcape Resort website but couldn't save it to the computer (I don't own one!) and haven't had any luck scanning the By-Laws because I can't read the scanned copy. Now the academic computer lab where I scanned my copy of the By-Laws has replaced the scanner and I don't know whether the new one will do what I was able to get the former one to do. So for now I'm looking for owners and friends who have copies to help us out.

I agree that the tone of the discussion can turn TUG readers away, and have tried to keep it on topic. It's quite possible that the Special Assessment paid by Southcape owners isn't being used for renovations at Sandcastle. Sandcastle owners have received their Special Assessment and they're not happy about it.

It's also possible that the Special Assessment funds are being used to make mortgage payments. I withheld the remaining $200 and if I pay it, what does that do but put my stamp of approval on the illegal activity engaged in by the unelected board that is unrepresentative of deeded owners?

I never really wanted to be the one to examine the books because this isn't my area of expertise. I nominate bhound54 for this, since he and his wife will be at Southcape for two weeks. Let's hear what excuse NEVMSLLC gives them!
 

ecwinch

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I purchased my float week in 1983 but if I was given a copy of the Master Deed, I don't know where it is. Can you help us? If I refer you to pages can you answer our questions?

I printed a copy when it was still available on the Southcape Resort website but couldn't save it to the computer (I don't own one!) and haven't had any luck scanning the By-Laws because I can't read the scanned copy. Now the academic computer lab where I scanned my copy of the By-Laws has replaced the scanner and I don't know whether the new one will do what I was able to get the former one to do. So for now I'm looking for owners and friends who have copies to help us out.

I agree that the tone of the discussion can turn TUG readers away, and have tried to keep it on topic. It's quite possible that the Special Assessment paid by Southcape owners isn't being used for renovations at Sandcastle. Sandcastle owners have received their Special Assessment and they're not happy about it.

It's also possible that the Special Assessment funds are being used to make mortgage payments. I withheld the remaining $200 and if I pay it, what does that do but put my stamp of approval on the illegal activity engaged in by the unelected board that is unrepresentative of deeded owners?

I never really wanted to be the one to examine the books because this isn't my area of expertise. I nominate bhound54 for this, since he and his wife will be at Southcape for two weeks. Let's hear what excuse NEVMSLLC gives them!

I have a copy of the Governing Documents if anyone wants them. I will e-mail you a copy Sou13. Take a look at Google Docs, or GMail. I believe both offer some free on-line storage options. Though there are numerous other providers that do that also.
 

JackB62

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Recall Board of Trustees?

Eric,

Obviously, you have legal knowledge.

How would "happy" Southcapers go about recalling the Board of Trustees
who took over and appointed themselves?

Jack
 

TUGBrian

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if it is something available to the public, TUG will also provide you free storage.
 

ecwinch

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Eric,

Obviously, you have legal knowledge.

How would "happy" Southcapers go about recalling the Board of Trustees
who took over and appointed themselves?

Jack

Jack,

In the interest of full disclosure, I am not a lawyer. I do not want Cliff coming back and accusing me of unauthorized practice of the law.

My read of the governing documents leads me to believe that the only recourse is to challenge the developer control provisions in court. I think the AG would be reluctant to step in on a civil matter unless you have a violation of the law. I am not saying that the issue should not be pursued with the AG, just that might be a long-shot.

At face value the Master Deed grants NEVS the authority to take the actions they have. It is clear from the documents that the developer inventory is exempt from the special assessment. But I cannot find the provision that allows them to avoid paying m/f on their inventory.

The only "out" I can see is to challenge the developer on the grounds that the development is complete, and developer control provisions have expired. With the developer control provisions in place, I do not see any process for replacing the Board of Trustees.
 

tombo

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And I am not defending Festiva. I am in opposition of the truth being bent by either side of the discussion. If you feel the need to use innuendo to make your point, then I will post the the facts that have been reported. FestivaRep has specifically denied the allegations you have raised regarding the business relationship. Now you want to speculate that they are not paying m/f's. To continue to speculate without any proof is not reasonable. By extension you can speculate that the housekeeping staff is slave labor imported from China. No, I cannot disprove that allegation either.

In my mind, engaging in such behavior just diminishes the valid points you have made.

So we can bicker about the fine points if you want. But to provide some balance to the discussion, I will continue to point out inaccuracies in your posts. As you pointed out, you are free to ignore my posts in that regard.

I have been out of town and don't feel like a full blown battle since my battle is actually against Festiva/ Outfield, not Eric, however I can't let your assertion that you have pointed out inaccuracies go unanswered. My inaccuracy according to you is because I feel that there is some business relationship between Festiva and NEVS and I feel that they are probably not paying MF's/assessments on unsold weeks they own. You have no proof that they are paying MF's on weeks they have that are unsold, but you immediatelly call my postulation wrong. How about letting Festiva rep answer since you have no proof that they are paying MF's and assessments on all of their unsold weeks? You simply assume they pay, you have no knowledge or proof that they do. For you to to continue to speculate that they pay MF's/assessments on all of their unsold weeks at all of their resorts without any proof is as you said not reasonable.

You call it proof that my statement is wrong because Festiva Rep denied any business relationship with NEVMS. So that statement is now fact although no proof has been presented? I am glad to hear that you are not a lawyer. When asked on the stand if an accused committed murder and they answered no, I assume you would feel no need to cross examine because the question had already been asked and answered. I guess when Richard Nixon said that he had nothing to do with Watergate that should have been the end of any speculation that he might possibly be involved. Once Cliff said that Outfield didn't have an office in Texas all discussion of that should have ended because any discussion from that point was purely was conjecture. When Cliff denied making posts here as anyone other than NEVMS and I questioned the validity of some of the fake posters, you criticized my treatment of new guests and criticized my questioning their validity. You apologized to them (Cliff) for my questioning who they were just because they said they weren't Cliff (what did you expect Cliff to say?). Your assumption that I had insulted a real guest was innacurate and my speculation that the posts were made by Cliff was correct. Of course it was Cliff and since then even you have acknowledged that it was Cliff. Had we simply have gone with Cliff's answer as you suggested we would never have known for sure that Cliff was Mass, cape,viv,stein, etc. I must point out your inaccuracies.

For one of us to make a statement here or question a possibility without proof is speculation that is unacceptable to you. On the other hand for Festiva/Outfield/NEVS to make a statement here immediatelly becomes a fact that you feel needs no further discussion, disbelief, or investigation?

If we are to take everything stated here by Festiva/Outfield/NEVS as the gospel truth as you suggest then Festiva Points will easily get you 4th of July weeks on the Cape, RCI is cancelling it's relationship at all Festiva Resorts, weeks are worthless, Festiva points are worth a lot, everyone is swapping to points, outfield does not have an office in Texas, Outfield fires or retrains any sales people that lie, Outfield no longer uses pressure or lies to sell FAC, Cliff has never posted here using an alias, Cliff doesn't do business with Outfield because it would be wrong, NEVS doesn't have to pay MF's or assessments on any weeks they own, Festiva isn't being sued by Owners at the Atrium, Festiva didn't lose the Missouri lawsuit (they settled and paid restitution which FR didn't consider a loss), and many other truthful facts we should believe because they were told to us by Festiva/Outfield/NEVS (of course these facts were proven to not be true). Heck why keep discussing anything about Festiva/Outfield/NEVS here because all we have to do is read their posts and trust their posts to be 100% accurate. The only innacuracies here apparently are posted by those of us who have been told enough lies to question anything they say.
 
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e.bram

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And to add to what Tombo said, we should trust everything told us at a TS sales presention to be absolutely true.
 

bhound54

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"I never really wanted to be the one to examine the books because this isn't my area of expertise. I nominate bhound54 for this, since he and his wife will be at Southcape for two weeks. Let's hear what excuse NEVMSLLC gives them!"

I appreciate the vote of confidence but my wife and I had other plans for our vacation.
 

Russ45

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Jack,

In the interest of full disclosure, I am not a lawyer. I do not want Cliff coming back and accusing me of unauthorized practice of the law.

My read of the governing documents leads me to believe that the only recourse is to challenge the developer control provisions in court. I think the AG would be reluctant to step in on a civil matter unless you have a violation of the law. I am not saying that the issue should not be pursued with the AG, just that might be a long-shot.

At face value the Master Deed grants NEVS the authority to take the actions they have. It is clear from the documents that the developer inventory is exempt from the special assessment. But I cannot find the provision that allows them to avoid paying m/f on their inventory.

The only "out" I can see is to challenge the developer on the grounds that the development is complete, and developer control provisions have expired. With the developer control provisions in place, I do not see any process for replacing the Board of Trustees.

As I read the Master Deed I see that the Association (Corporation) may hold a special or annual meeting for removal of a director with notice and a 2/3 vote. Can unit owners call a special meeting without the directors? Also the deed says the "first board" shall be fixed by the incorporators, however this isn't the first board, the Association has remained intact through the sale to NEVS, so wouldn't the current board be limited to a one year term?
 

ecwinch

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As I read the Master Deed I see that the Association (Corporation) may hold a special or annual meeting for removal of a director with notice and a 2/3 vote. Can unit owners call a special meeting without the directors? Also the deed says the "first board" shall be fixed by the incorporators, however this isn't the first board, the Association has remained intact through the sale to NEVS, so wouldn't the current board be limited to a one year term?

Check Article V of the By-Laws pertaining to Control By Declarant. The key provision is "upon completion of the development of the premises".
 

Carolinian

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Do you not mean the burden of the developer inventory? Was there significant value to the inventory that the developer walked away from?

I do agree with core premise, that change will only come when the majority of govening body is concerned owners that protect the interests of the owners. I am not of the opinion that means throwing the developer out. I have poorly run resorts that have no developer involvement. Kicking out the developer is not a panacea for everything.

Actually, at those resorts, the resale market was a lot better in the time period the HOA's took over the developer inventory in return for not pursuing past due m/f's on them. One HOA turned around and wholesaled the weeks it got from the developer to an out of state reseller for an amount that was about two years worth of m/f's per week, so they came out just fine. The other HOA's also made disposition of the weeks they got, but I am less familiar with the details.

Getting rid of the developer is not a panacea, but it gives the resort better odds than if they kept the developer. The resorts farthest behind on refurbishment on the OBX are two of the three still under developer control.
Battles with ''subsequent developers'' (those who took over from the original developer, like NEVS did on the Cape) ultimately crashed one timeshare on the OBX and was on the verge of crashing a second last I heard. The farther the HOA can get away from a developer, the better.
 

ecwinch

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You have no proof that they are paying MF's on weeks they have that are unsold, but you immediatelly call my postulation wrong. How about letting Festiva rep answer since you have no proof that they are paying MF's and assessments on all of their unsold weeks? You simply assume they pay, you have no knowledge or proof that they do. For you to to continue to speculate that they pay MF's/assessments on all of their unsold weeks at all of their resorts without any proof is as you said not reasonable.

I am glad to hear that you are not a lawyer. When asked on the stand if an accused committed murder and they answered no, I assume you would feel no need to cross examine because the question had already been asked and answered. I guess when Richard Nixon said that he had nothing to do with Watergate that should have been the end of any speculation that he might possibly be involved.

The only innacuracies here apparently are posted by those of us who have been told enough lies to question anything they say.

Tombo,

There is a difference between asking a question and making a statement. You did not ask FestivaRep about m/f. You stated:

"However, unless legally forced to pay MF's and assessments on developer owned units, Festiva and NEVS will not pay."

That is not a question. It is phrased as a statement of fact.

And in a trial, once a question has been asked and answered, to continue to ask the same question is badgering the witness. It is fine to ask about other aspects of the relationship like the office, and FestivaRep answered that question.

It is fine if you want to be rude and boorish on the subject. That is your right. However this thread is about Southcape owners. We already have a post from one owner that they dislike the "nasty tone and non-substantiated conjectures that I would receive on a daily basis".

And please stop trying to put words in my mouth to marginalize my opinion. I have been in this thread long enough for people to know what I believe and stand-for. Is your issue with Festiva so critical that you want to run-off the Southcape owners who you seemingly want to help?
 

Carolinian

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Jack,

In the interest of full disclosure, I am not a lawyer. I do not want Cliff coming back and accusing me of unauthorized practice of the law.

My read of the governing documents leads me to believe that the only recourse is to challenge the developer control provisions in court. I think the AG would be reluctant to step in on a civil matter unless you have a violation of the law. I am not saying that the issue should not be pursued with the AG, just that might be a long-shot.

At face value the Master Deed grants NEVS the authority to take the actions they have. It is clear from the documents that the developer inventory is exempt from the special assessment. But I cannot find the provision that allows them to avoid paying m/f on their inventory.

The only "out" I can see is to challenge the developer on the grounds that the development is complete, and developer control provisions have expired. With the developer control provisions in place, I do not see any process for replacing the Board of Trustees.

It is critical that the owners organize and consult a local lawyer as soon as they can. The more people that these people hornswaggle into ''converting'' the farther ahead they are in their scheme to permanently control the resort.

AG's only get involve if there is a big groundswell of complaints, someone knows someone in the AG's office to get them interested, or the AG sees a PR angle in it for himself. The agency in North Carolina that has been most active in fighting developers on behalf of t/s owners rights has not been the AG but the Real Estate Commission. The Real Estate Commission is the agency that regulates timeshare in North Carolina. For many years, Blackwell Brogden was their timeshare man, and he didn't mind doing battle with any of the big boys he thought was doing wrong. He even backed RCI down on some key features of what is now RCI Points back in its infancy when it was called GPN. You need to find out what agency regulates timeshare in your state and see if you can find a man like Brogden there.
 

ecwinch

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Actually, at those resorts, the resale market was a lot better in the time period the HOA's took over the developer inventory in return for not pursuing past due m/f's on them. One HOA turned around and wholesaled the weeks it got from the developer to an out of state reseller for an amount that was about two years worth of m/f's per week, so they came out just fine. The other HOA's also made disposition of the weeks they got, but I am less familiar with the details.

Getting rid of the developer is not a panacea, but it gives the resort better odds than if they kept the developer. The resorts farthest behind on refurbishment on the OBX are two of the three still under developer control.
Battles with ''subsequent developers'' (those who took over from the original developer, like NEVS did on the Cape) ultimately crashed one timeshare on the OBX and was on the verge of crashing a second last I heard. The farther the HOA can get away from a developer, the better.

We can disagree, perhaps in a different thread. I think a good resort has a developer presence to some degree. MVCI is one case in point. I agree that a resort under developer control is a bad thing. Timeshares are basically ponzi schemes, and attracting new owners is essential to any viable timeshare that is not blessed with a great location and small off-season.
 

Carolinian

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We can disagree, perhaps in a different thread. I think a good resort has a developer presence to some degree. MVCI is one case in point. I agree that a resort under developer control is a bad thing. Timeshares are basically ponzi schemes, and attracting new owners is essential to any viable timeshare that is not blessed with a great location and small off-season.

The well managed homeowner-controlled timeshares on the OBX have done just fine on resales without a developer. In fact, in their final months, most developers were sitting on remaining inventory, not actively selling, and not paying m/f's. They were deadwood that needed to be gone. Some of the largest management companies get involved in resale. At smaller resorts, resale often is the portfolio of one board member, and many of them have figured out some creative ways to move HOA inventory.
 

FestivaRep

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NEVS
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Hyannis, MA 02601

Hi Festiva Rep

Do you have the correct postal mailing address for NEVS in Massachusetts? I can't seem to find it anywhere and I wish to write them questions about Sandcastle. The last address I used was 93 Hawes Ave in Hyannis, but it was returned as not picked up after 20 days by the post office.

Thanks
Chris
 
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