[2008] Southcape Resort

[Russ45]

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

But there is no definition of "completion of development" in the Master deed as far as I can see, and we are not at 163 units either. So this could be in perpetuity unless I missed something? The declaration of trust also discusses trustee elections but does not mention the control of declarant statement made in the MD, conflict, or is the MD controlling in a document conflict?.

 

[FestivaRep]

Like any other owner at a resort, Festiva does indeed pay maintenance fees and special assessments on all weeks owned by the Adventure Club at all resorts in the FAC network including Southcape and Sandcastle.

Moving on, unfortunately this will be my last post. It has become impossible to try to help owners and members by providing facts and clarity here in the midst of the innuendo, half-truths and assumptions. I greatly appreciate the support I have gotten from the TUG administrators and several of the members on this board. However, it has become evident that our attempts to provide accurate information and resolve misunderstandings only become fuel to the fire for a small, yet very active, number of folks who are unwilling to accept any of our answers.

I do think it’s unfortunate that I must stop posting because we are genuinely willing to answer questions with accurate information and I think that TUG has the potential to be a great medium for an ongoing conversation between members/owners and resort/club management/developers/etc., but instead the focus for a few is to dispute and assail with fervor any factual information that we attempt to provide or clarify.

There have been a few TUG readers who have already taken the initiative to contact me personally for help, and we have been able to quickly address and successfully resolve their problems. All of you on this board who have serious questions and are willing to come directly to the source for help are encouraged to do so, and you can contact me directly at comments@festivaresorts.com.

Also, I was asked once again to extend the invitation from our president to any of you who wish to visit our headquarters in Asheville, and if you do want help with your situation, I encourage you to take action and come speak with us directly either by e-mail, in writing or in person.

I wish you all the best of luck, and I do hope to hear from you soon.

 

[Sou13]

Thank you, FestivaRep!

Thank you, FestivaRep, for your participation in these discussions. You have answered the most pressing question here, which I thought you had answered in the "Festiva takes over" discussion but needed to have you repeat it here.

According to you, Festiva should have paid Southcape Resort the maintenance fees and special assessments for all the owners who have converted to the FAC.

I have gone through the Southcape weeks which were converted to Festiva points and have come up with a figure for the amount Festiva should have paid in MFs and SAs for their converted weeks. I figured that for the 107 FAC members who converted before the MF was due and SA was added, Festiva should have paid $943.88. For the 38 who converted after Jan. 31 but before March 31, Festiva should have paid $400. The total Festiva should have paid Southcape for 2009 should be at least $116,195.16:

107 x 943.88 = $100,995.16
38 x 400.00 = 15,200.00
Total: $116,195.16

 

[tombo]

Like any other owner at a resort, Festiva does indeed pay maintenance fees and special assessments on all weeks owned by the Adventure Club at all resorts in the FAC network including Southcape and Sandcastle. .

My question was about unsold inventory. This is another example of spin where an answer was given that didn't actually answer my question. Does Festiva pay MF's and assessments on unsold inventory they bought from HOA's or a previous developer when they take over a resort?

Moving on, unfortunately this will be my last post. It has become impossible to try to help owners and members by providing facts and clarity here in the midst of the innuendo, half-truths and assumptions. All of you on this board who have serious questions and are willing to come directly to the source for help are encouraged to do so, and you can contact me directly at comments@festivaresorts.com.

Also, I was asked once again to extend the invitation from our president to any of you who wish to visit our headquarters in Asheville, and if you do want help with your situation, I encourage you to take action and come speak with us directly either by e-mail, in writing or in person.

I wish you all the best of luck, and I do hope to hear from you soon.

I asked weeks ago why Festiva continued to employ Outfield to market in people's homes when you stopped allowing them to market at Peppertree resorts because of numerous complaints? You said you would get back to me and of course you didn't. I have to say that you are very nice and did a great job, but so many questions remain unanswered or halfway answered that I always have doubts about the responses that were given. I have great problems with Festiva and not with you personally because you are simply doing the job Festiva paid you to do.

I am glad that you will allow those who want to respond to you to e-mail you and perhaps one day you will come back. The problems with Festiva/Outfield/NEVS will not change just because you no longer post here, and our opinions will not change until festiva changes many of it's policies including employing Outfield. You were gone from TUG for many months until this forum got heated up with Cliff, and perhaps when another forum gets heated up you will be back again. I hope you have great e-mails with some of the owners here, and I promise you that I will not bother you with any e-mails from me.

Sincerely,

Tombo

 

[e.bram]

The way I look at it, Festiva is not the problem(except for the suckers that converted) Most of the converters were probably off and off-off season weeks. Many of those may have(eventually)bailed causing a loss of m/fs to the TS. With Festiva the TS is more or less guarenteed those funds even if the Festiva Club Members(SC convertees) bail out of Festiva leaving them not collecting those club dues. Festiva will have to keep paying all those monies to SC which the TS would lose if deeded owners bail.
If Cliff and NEVS were forced to pay or give up ownership of the developer units to the HOA, the owner run board could take over and solve the peoblems SC has.(in addition saving management fees paid to NEVS)
Court action is probably required to do this.
Ecwinch: In court questions only have to be asked once, if the respondant lies they go to jail(purjury)

 

[ecwinch]

But there is no definition of "completion of development" in the Master deed as far as I can see, and we are not at 163 units either. So this could be in perpetuity unless I missed something? The declaration of trust also discusses trustee elections but does not mention the control of declarant statement made in the MD, conflict, or is the MD controlling in a document conflict?.

The Master Deed is the controlling document. The by-laws govern the HOA. Under the Master Deed development would be complete when all 163 units are constructed.

So the Developer control provisions are predicated on the development being complete. But given the land that was lost to county due to un-paid taxes, it would be problematic for the development to be completed as outlined in the Master Deed. I think it becomes a catch-22 that can only be resolved by a court ruling.

 

[Carolinian]

Whether FestivaRep left or not is of little consequence. Her responses have to be taken with a grain of salt, sort of like ''Madge'' from RCI or, say, a timeshare salesman. I wouldn't take anything she said as gospel any more than I would beleive what a timeshare salesman said.

The important thing is that owners and their advocates not fight among themselves. There are several very serious wolves at the door and there is simply no time for that.

 

[TUGBrian]

sure wish you two would argue privately or stay on topic.

 

[Sou13]

Southcape Master Deed

Eric, did you get in touch with TUGBrian about posting the Master Deed? It is a public document but it's 145 pages!

 

[ecwinch]

Eric, did you get in touch with TUGBrian about posting the Master Deed? It is a public document but it's 145 pages!

I have the Condo I Master Deed, but it is too large to send by e-mail (47mb).

 

[Sou13]

It has to be broken down into 10 MB segments.

 

[TUGBrian]

ive deleted the annoying banter that has gone on in the past few pages as none of the parties involved seemed to care about my comment.

as for the file, ill provide you an ftp login so you can upload it directly to a tug server, then ill move it somewhere anyone can access it. shoot me an email so i wont forget =)

 

[Sou13]

Welcome back, Concerned Southcape Interval Owners!

Thank you, TUGBrian, for deleting those posts instead of shutting down this entire discussion! I apologize for resorting to "shouting" and thank you for deleting that as well!

So now let's get back to the discussion of Southcape Resort by owners for owners. While the comments of non-owners have been helpful, many of them have driven owners away. So let's get back to our purpose here, which is to help inform owners what owners need to know.

Today I heard from an owner who came across a notice from 1989 when she still had a mortgage and therefore was ineligible to vote. The notice was that there was to be an election and that the board was to be composed of three owners and the two developers. Terms were to be for three years. In order to be eligible to vote, all MFs had to be paid in full. So why do we now have 5 non-MF/SA-paying owners on the board? They were not elected, they appointed themselves!

Anyone who will be staying at Southcape needs to contact nevmsllc@gmail.com for an appointment to examine the books. We need to know where that illegally-imposed "special assessment" has been put in trust for us.

We also need to know whether Festiva has paid the more than $116,000 that should have been paid for "converted" weeks in 2009. I calculated this amount based on when the deeds were converted, assuming that everyone who converted before the MF was due didn't pay the $993.88 that owners have been billed, and that anyone who converted between Jan. 31 and April 1 didn't pay the $400. This was just an approximation as I have no way of knowing exactly when the contracts were signed and whether these owners had paid the MF or SA.

I've been reviewing NEVMSLLC's posts from March 27-April 15. Anyone who needs a copy can email me and I will happily provide one.

Thank you again, TUGBrian!

 

[TomBenoit]

Master Deed

I have the Condo I Master Deed, but it is too large to send by e-mail (47mb).

Can you compress it with something like ZIP? That usually has about a 10-1 compression.

 

[ecwinch]

Southcape Master Deed

The Master Deed has been uploaded to TUG. I suspect that Brian will making a link available.

 

[TUGBrian]

yep, ill post a link to it tomorrow.

 

[TUGBrian]

http://tug2.com/southcape/south_cape_master_deed.pdf

 

[TUGBrian]

can right click > save as if you dont wish to view it in your browser (what the link does)

 

[Sou13]

Thank you, Eric and TUGBrian!

Thank you, Eric and TUGBrian! I hope that all Southcape owners who didn't realize they needed to download the Master Deed will save this file!

Here's the notice from 1989:

FROM:
BOARD OF TRUSTEES
DATE:
JUNE 27, 1989
Pursuant to our by-laws, the Trustees are pleased to announce that the Annual Meeting of the unit owners will be held on Monday, July 31, 1989, from 1:00 p. m. to 4: 00 p. m. at the Queen of All Saints Church on Great Neck Road, Mashpee, Massachusetts, which is located ~ mile before the entrance to New Seabury.

The purpose of the meeting is to discuss and vote on the matters shown on the enclosed agenda, the most important of which is the election of two Trustees, one for a three (3) year term, and the other for a two (2) year term. The present Board of Trustees voted unanimously on June 2, 1989 to increase the Trustee's terms to three (3) years and to have three (3) elected Trustees.

Since the last Annual Meeting in 1988, we have received a number of inquiries concerning the right of unit owners to vote or to assign their vote by proxy to others. The Trustees take this opportunity to remind each unit owner that the "right to vote personally at the meeting, or by proxy, is limited to unit owners in both the following categories:

1. Unit owners who are current on the payment of their Condominium/Maintenance charge; and
2. Unit owners whose interval(s) is/are not mortgaged to a lender.

[NOTE: With respect to mortgaged units, according to documents signed by owners at the time of their purchase, the right to vote has been assigned to their respective LENDER/MORTGAGEE.]

For unit owners qualified to vote as herein before stated, enclosed is a ballot and proxy form to record your choice for the election of two (2) members for the Board of Trustees.

To expedite the election procedure this year, the Trustees at an earlier meeting ruled to limit nominations to the Board of Trustees to those made by written notice received by our office thirty (30) days prior to the scheduled Annual Meeting. Therefore, qualified voters are requested to return their ballot or proxy prior to the meeting by mail to our office, whether or not you plan to attend the meeting. This procedure is being implemented to save time and to provide us with the results before the Annual Meeting is adjourned. Furthermore, it is imperative to receive enough proxies in order to achieve a quorum (25%) to avoid a rescheduling of this year' s annual meeting.

We invite your questions and suggestions. Please plan to attend the meeting.

 

[ecwinch]

Just a non-owner suggestion, but you might want to determine the exact title of the organization that is meeting.

is it:

SouthCape Resort & Club Condominium Trust

or

SouthCape Resort Club Community Association, Inc

or

something else


According to the Master Deed, the Association is governed by a Board of Directors. The Trust is administered by Trustees. There are two sets of by-laws in the Master Deed. One pertains to the Trust, and the other to the Association.

Based on Cliff's statements, I believe the Trust is meeting. The Meeting date aligns with the meeting date specified in the by-laws of the Trust.

 

[Russ45]

The Master Deed is the controlling document. The by-laws govern the HOA. Under the Master Deed development would be complete when all 163 units are constructed.

So the Developer control provisions are predicated on the development being complete. But given the land that was lost to county due to un-paid taxes, it would be problematic for the development to be completed as outlined in the Master Deed. I think it becomes a catch-22 that can only be resolved by a court ruling.

Thanks for clarifying.

 

[CharlesS]

Thank You

The Master Deed has been uploaded to TUG. I suspect that Brian will making a link available.

Thank you for providing the electronic copy of the Master Deed and thank you to TUG for making it available to all of us.

The original documents are subject to amendment and I am guessing they have been amended several times. Do you have copies of the amendments?

As an aside, if anyone has difficulty falling asleep at night, reading these documents will often help.

Charles

 

[Sou13]

Are you a Southcape owner?

Charles, are you a Southcape owner? Would you like me to email you the documents that have to be sent as attachments?

To view Southcape recorded documents, go to Barnstable County Capeview Internet Access and search the free public access (on the left sidebar) for "Recorded land by name" and fill in "Atlantic Metropolitan" (Town: Mashpee) and click on the abstract of the 51-pages of the "Restriction." Then go to the "Deed" which is the next 59 pages, and you will find:
Ref By: 08-13-1982 Certificate In book: 3537-1
Ref By: 05-18-1983 Amendment In book: 3743-281
Ref By: 08-29-1985 Assignment In book: 4688-163
Ref By: 06-30-1988 Estate Tax Release In book: 6331-178
Ref By: 05-05-1989 Discharge In book: 6724-327
Ref By: 05-05-1989 Discharge In book: 6724-328
Ref By: 05-18-1989 Discharge In book: 6740-219
Ref By: 09-27-2002 Death Certificate In book: 15656-243

Then go back to the Main Menu and click on "recorded land by book and page" and fill in book 3526 page 111. Here you will find the Declaration of Trust for "Southcape Resort & Club Condominium One Trust" and all entries are for certificates, discharges, notices, and even a death notice.

Now go to book 5937 page 135 and you will find the 28-page "Declaration of Trust" for "Southcape Resort & Club Condominium Two Trust" and now you see that there were two separate condominium trusts holding annual meetings on different dates. It wasn't until 1990 that the two meetings got combined into one, but I have yet to find the recorded documents for this.

As Eric asked, are we Southcape Resort & Club Community Association, Inc., or are we "Southcape Resort & Club Condominium One Trust" or to this I must add "Southcape Resort & Club Condominium Two Trust"? Where are the recorded deeds for the combined trusts into one association?

When I go back to the main menu and enter "Southcape Resort & Club Condo" I find that all the recorded transactions come up as "Condo II" and there are only three for "Condo I"!

The problem is to find under what name the "developer rights" were sold in 1989, or whether there were any "developer rights" to be sold!

 

[Sou13]

The Barth & Woods Era

As I search through the various names under which deeds have been filed or should have been filed I find one especially interesting name, which is "JED Properties Inc." which is a domestic for profit corporation registered in 1986 and dissolved in 1998 for failure to file annual reports.

Whatever was going on for 18 years under Barth & Woods, we now need to find our way out of the mess. Festiva is not the answer, nor is Outfield Marketing. Owner involvement is what we need, and we need it yesterday.

 

[Sou13]

Master Deed for Southcape Condo II

I have located the Master Deed for Condo II. It's found in Book 5937 Page 84. Here are the Book and Page numbers I've found so far:

Barnstable County Capeview Internet Access
Book 3526 Page 001: Restriction
Book 3526 Page 052: Master Deed
Book 3526 Page 111: Declaration of Trust, Condo I
Book 5937 Page 084: Master Deed, Condo II
Book 5937 Page 135: Declaration of Trust, Condo II

Because I use public access to the Internet I am unable to view any of these documents. Can anyone help me here?