[2008] Southcape Resort

[NEVMSLLC]

First find the street view of 135 E. Hickory St.:
http://maps.google.com/maps?hl=en&tab=wl

Then find the street view of "Outfield Marketing":
http://maps.google.com/maps?hl=en&tab=wl

Since the address given for two of the three "principals of Outfield Marketing" who serve as trustees for Southcape Resort & Club Community Association, Inc., is 135, not 212 E. Hickory St., I'm assuming that Outfield Marketing has moved out of the building that houses a Houka Lounge and is located in the building shown on the street view for 135 E. Hickory St.

My question is, where are these trustees and why aren't they selling timeshare weeks so that we can increase the number of MF- and SA-paying owners? And why does the Community Association not own the weeks that aren't paying these MFs and SAs?

NEVS is selling weeks. If you'd like to purchase an extra week, please let me know. Delinquent weeks that are taken back are taken back in the name of the association, not NEVS.

 

[Sou13]

To whom are weeks being "sold"?

Bk-Pg:23138-185 Recorded: 09-04-2008 @ 3:44:18pm Inst #: 46645 Chg: Y Vfy: N Sec: N

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

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

Gtor: NEW ENGLAND VACATION SERVICES LLC (Gtor)

Gtee: COLEBROOK FINANCIAL COMPANY LLC (Gtee)

Ref By: 03-18-2009 Partial Discharge In book: 23537-176
Ref By: 03-18-2009 Partial Discharge In book: 23537-181
Ref By: 09-15-2009 Partial Discharge In book: 24034-114
Ref By: 09-15-2009 Partial Discharge In book: 24034-118
Ref By: 09-15-2009 Partial Discharge In book: 24034-122
Ref By: 09-15-2009 Partial Discharge In book: 24034-126
Ref By: 09-15-2009 Partial Discharge In book: 24034-130
Ref By: 09-15-2009 Partial Discharge In book: 24034-134
Ref By: 09-15-2009 Partial Discharge In book: 24034-138
Ref By: 09-15-2009 Partial Discharge In book: 24034-142
Ref By: 09-15-2009 Partial Discharge In book: 24034-146
Ref By: 09-15-2009 Partial Discharge In book: 24034-150

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


DOCUMENT ABSTRACT
Bk-Pg:23628-197 Recorded: 04-21-2009 @ 3:03:49pm Inst #: 21198 Chg: N Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Time Sharing Deed Doc$: 1.00
Desc: UNIT 14 TIME 44

Town: MASHPEE Addr: 950 FALMOUTH RD

Gtor: FOLEY, CARLA F (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: NEW ENGLAND VACATION SERVICES
PO BOX 2847
HYANNIS MA 02601


Bk-Pg:23628-199 Recorded: 04-21-2009 @ 3:03:49pm Inst #: 21199 Chg: Y Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Time Sharing Deed Doc$: 1.00
Desc: UNIT 14 TIME 9

Town: MASHPEE Addr: 950 FALMOUTH RD

Gtor: PAUL, PAMELA (Gtor)

Gtor: PAUL, PAMELA L (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: NEW ENGLAND VACATION SERVICES
PO BOX 2847
HYANNIS MA 02601


Bk-Pg:23628-201 Recorded: 04-21-2009 @ 3:03:49pm Inst #: 21200 Chg: Y Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Time Sharing Deed Doc$: 1.00
Desc: UNIT 22 TIME 12 13

Town: MASHPEE Addr: 950 FALMOUTH RD

Gtor: SHERIDAN, PHILLIP T (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: NEW ENGLAND VACATION SERVICES
PO BOX 2847
HYANNIS MA 02601


Bk-Pg:23628-204 Recorded: 04-21-2009 @ 3:03:49pm Inst #: 21202 Chg: Y Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Time Sharing Deed Doc$: 1.00
Desc: UNIT 25 TIME 38

Town: MASHPEE Addr: 950 FALMOUTH RD

Gtor: KELL, MICHAEL J (&O) (Gtor)

Gtor: KELL, MARYBETH S (&O) (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: NEW ENGLAND VACATION SERVICES
PO BOX 2847
HYANNIS MA 02601


Bk-Pg:24034-146 Recorded: 09-15-2009 @ 3:23:42pm Inst #: 53036 Chg: N Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Partial Discharge
Desc: UNIT 32 TIME 1
Refers to Book: 23138-185

Town: MASHPEE Addr: ROUTE 28

Gtor: COLEBROOK FINANCIAL COMPANY LLC (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: NEW ENGLAND VACATION SERVICE
PO BOX 2847
HYANNIS MA 02601


DOCUMENT ABSTRACT
Bk-Pg:24034-148 Recorded: 09-15-2009 @ 3:23:42pm Inst #: 53037 Chg: Y Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Time Sharing Deed Doc$: 1.00
Desc: UNIT 32 TIME 1

Town: MASHPEE Addr: ROUTE 28

Gtor: NEW ENGLAND VACATION SERVICES LLC (Gtor)

Gtee: INTERCITY ESCROW SERVICES (Gtee)

Return addr: INTERCITY ESCROW SERVICES
6210 STONERIDGE MALL RD STE 140
PLEASANTON CA 94588


Bk-Pg:24034-150 Recorded: 09-15-2009 @ 3:23:42pm Inst #: 53038 Chg: N Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Partial Discharge
Desc: UNIT 37 TIME 24
Refers to Book: 23138-185

Town: MASHPEE Addr: ROUTE 28

Gtor: COLEBROOK FINANCIAL COMPANY LLC (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: NEW ENGLAND VACATION SERVICE
PO BOX 2847
HYANNIS MA 02601


Bk-Pg:24034-152 Recorded: 09-15-2009 @ 3:23:42pm Inst #: 53039 Chg: N Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Time Sharing Deed Doc$: 1.00
Desc: UNIT 37 TIME 24

Town: MASHPEE Addr: ROUTE 28

Gtor: NEW ENGLAND VACATION SERVICES LLC (Gtor)

Gtee: INTERCITY ESCROW SERVICES (Gtee)

Return addr: NEW ENGLAND VACATION SERVICE
PO BOX 2847
HYANNIS MA 02601

 

[Sou13]

???????

Allow me to share...here we have another legal document saying that $1,400 shed that you list as Steve and Mark's address is indeed the sales office...see those words "Sales Office Location: 135 E Hickory, Denton...2009 Certified Appraised Value $1,450"... the ONLY sales office that you or any legal document list ...the same address any Google search shows. The facts speak for themselves.

http://www.dentoncad.com/index.php?...tive=on&Year=2009&MinVal=0&MaxVal=&Results=10

This is really odd. I went to that site and asked a question about the property. The answer is that it's "personal property" only and does not include the building and land.

 

[Sou13]

NEVS is selling weeks to whom?

Still wondering about the claim that weeks are being "sold" I accessed the BROWNtech Document Management Systems and looked for all sales by Southcape Resort from Sept. 1, 2008 to present. The only sales were to NEVS!

 

[Fig]

This is really odd. I went to that site and asked a question about the property. The answer is that it's "personal property" only and does not include the building and land.

This is the sum total property that the Denton, TX assessor's office has when you put "Outfield Marketing" in the "owner name" box. Gee, from the way Cliff and FestivaRep communicated, you think Outfield Marketing could claim somewhere north of $1,400 in personal property to establish some validity as Denton, TX based business. They talked like it was some big company that they "hired"....how do you hire $1,400 in personal property that does not even claim a building or land????

 

[Sou13]

No, $1,450 is the assessed value of the "personal property" only (leased equipment). Outfield Marketing doesn't own the land and building. It's owned by Major Leauge Development, Ltd and its assessed value is $172,466.

 

[NEVMSLLC]

Festiva

Sou13

I've been told that you have been making phone calls to try and find out if Festiva is paying their maintenance fees and special assessments. I tried to call you earlier but there was no answer.

I've stated it before but I think it bears repeating. Festiva has paid all of their maintenance fees and special assessments. If I can be of further help to you, please give me a call or email me at nevmsllc@gmail.com.

Cliff

 

[e.bram]

How will Festiva keep paying it's MFa and SAs if members bail(with this economy and choice of off season dogs available to members) out. Will they pay all or a proportionate share?

 

[Sou13]

Sou13

I've been told that you have been making phone calls to try and find out if Festiva is paying their maintenance fees and special assessments. I tried to call you earlier but there was no answer.

I've stated it before but I think it bears repeating. Festiva has paid all of their maintenance fees and special assessments. If I can be of further help to you, please give me a call or email me at nevmsllc@gmail.com.

Cliff

I did try to answer twice but couldn't get to the telephone before the answering machine picked up and you hung up without leaving a message. Very annoying. Now that I'm letting the answering machine pick up I can interrupt and we can have a conversation. With Verizon voicemail, if I couldn't get to the telephone by the 6th ring I was out of luck.

So now that you are publicly making me look as though I have no right to know whether Festiva is paying MFs and SAs I will publicly state why I want to know. I have paid my MF in full and have paid 1/2 of the SA but 1/2 of the work has yet to be done. Where is the money that has been required upfront from all deeded owners and FAC members?

I belive I made it clear to Trish at the Outfield Marketing office in Denton that my concern is for Southcape Resort and I want the truth, not spin.

 

[NEVMSLLC]

Sou13

I've always told you the truth and I've never even implied that you don't have a right to know if Festiva's paying their maintenance fees or not. Further, I can't even begin to understand how a straight forward answer like "they're paying their fees" can be called "spin". How do you come up with these interpretations? If you have a question about maintenance fees, why are you calling Outfield marketing and not me or the resort? You have our numbers. I know you have my email. The special assessment fees are kept in a reserve account.

 

[Fig]

Sou13

I've always told you the truth...

Like when you said you did not infiltrate her private email list using the name "capeguitarguy" and I quote "I wouldn't be so obvious as to tell people I'm from the Cape and have a guitar!" perhaps forgetting you had a twitter account under your real name with that same name on it? And then the site owner posted this gem...

-----------------------------------------------------------------------------------
added note...

capeguitarguy also registered from the same IP as massman631...

and also NEVMSLCC has also posted from that IP. (mass. comcast)
__________________
Brian Rogers - Owner
Timeshare Users Group

http://www.tugbbs.com/forums/showpost.php?p=757791&postcount=803

 

[e.bram]

Away from the moral issue. All Southcape owners(especially prime weeks)should encourage other owner to join with Festiva. Then the TS less likely to be exposed to loss of MFs and SAs by owners abandoning their weeks and cease paying their MFs and SAs, placing the burden on the remaining owners.

 

[Sou13]

e.bram,

I fail to follow your logic. Festiva has to collect MFs from all club members, and the MF will continue to rise as resorts continue to levy special assessments. Are you suggesting that deeded owners will be better off converting to Festiva points? I really don't want to give you the space here because I don't want this to be bumped onto the next page. There's important info about the $2.5 million mortgage on this page!

This discussion is about putting the brakes on the Festiva takeover, not converting Southcape Resort to Festiva points!

 

[Sou13]

Septic system repairs, owners' advisory committee, etc.

Sou13

I've always told you the truth and I've never even implied that you don't have a right to know if Festiva's paying their maintenance fees or not. Further, I can't even begin to understand how a straight forward answer like "they're paying their fees" can be called "spin". How do you come up with these interpretations? If you have a question about maintenance fees, why are you calling Outfield marketing and not me or the resort? You have our numbers. I know you have my email. The special assessment fees are kept in a reserve account.

If the special assessment fees are being kept in a reserve account and Festiva has been required to pay the special assessments for owners who converted before paying the $400 special assessment, then Festiva should be making noise about where the money they've paid is being kept and why it has not been used for the special projects, such as the septic system repairs, for which it was deemed necessary. Have these repairs been made? I'm waiting for a reply before contacting the resort with this question, and I refuse to email you because you claim that you have a right to keep email replies "confidential."

Furthermore, this is a question which needs a public answer because whoever hired you to "manage" the resort management and pay you more than $2000 a week to do so should be requiring you to make better use of your time than replying "confidentially" to private email.

Here are some more questions which need a public answer:

Whatever became of the "owners advisory committee" which you promised here publicly and at the owners' meeting in May? Aren't they supposed to be meeting before the trustees meet to determine the MF for 2010 in October? Or have they already met and is that also being kept "confidential"?

Who was keeping "minutes" at the meeting in May? If you were clerk at the time, it should have been you. But Elizabeth McNichols, attorney for the "developers" NEVS, has filed "under penalty of perjury" that she is the clerk and has been for the past three years! Was Ms. McNichols present at the meeting?

Owners who were present at the meeting have vouched for me that the subject of an audit came up and a vote for an audit was taken, yet there is no mention of an audit or vote for one in the "meeting minutes" that unsuspecting owners have accepted as "truth"! How do you account for this?

I'll leave it up to other owners to come forward with more questions which are in need of a public answer.

 

[Sou13]

TimeSharing Today

TimeSharing Today Magazine has been publishing since 1991 as an independent voice for the owner. It recently announced enhanced services to be more proactive in advocating for the owners on the issues that many are facing. TimeSharing Today has begun supporting us by publishing a Sandcastle owner's letter detailing the difficulties we are addressing and obtaining a response from the resort management. As we continue to seek greater owner control at our resort, TimeSharing Today will continue to support our efforts to create awareness. We ask that you show your support by subscribing to this important publication. Please use this link: https://tstoday.com/shop/freebonus.aspx?source=grp02

 

[mweinberg]

An Open Letter to Cliff Hagberg

I am no longer engaging in debate or dialogue in this forum. It's pointless. I will correct untruths that are posted here. If you or any other owner would like answers to your questions, please email me at nevmsllc@gmail.com

Cliff

Cliff,

It's nice that you keep posting on here that owners are free to email you with their questions. It would be even nicer if you'd actually answer those emails! It seems that you are publicly expressing a desire for transparency and communication but behaving very differently in private.

Since you have chosen to ignore my last 2 private emails to you, perhaps you'd like to answer my questions within a more public forum. My original email is reproduced below in its entirety.

mweinberg

Dear Mr. Hagberg:

I find your response to the TimeSharing Today article to be quite interesting; however, it does raise some questions which I'm hoping you will address:

1. You say in your response that you believe federal privacy laws prevent you from releasing a list of owners' names and contact information. Those of us who have requested this information have been quite specific in providing a chapter-and-verse reference to Massachusetts General Law, Chapter 183B, Section 32, which we feel supports our request. If you feel that there is some federal law which is in conflict with this, would you please provide a specific reference, including chapter and section, so that those of us who have requested the list can actually see the basis of your refusal.

2. You state that Outfield Marketing "sells both weeks and a points program." Why is it, then, that a search of Barnstable County real estate records show no such sales?

3. You also state that "Outfield is not taking ownership in any deeds." Perhaps it is true that they are doing this only as an agent of Festiva Adventure Club, but the fact remains that people are being asked to give up their deeds, which are then held in trust for a period of 30 years, renewal for an additional 10 years, after which they revert, I assume, either to NEVS or to Festiva. So in fact, Outfield, either on their own behalf or as an agent for Festiva, most certainly IS taking ownership in deeds.

4. I don't understand how you can "categorically deny the allegations of high pressure sales tactics, threats, lies and half truths." You have admitted to these high pressure sales tactics in your meeting with me at the Sandcastle and in posts on TUG BBS, where you say that you are aware of these tactics and violations and that sales staff are being dealt with appropriately. Further, you admitted in our meeting that many of the things that I had been told by Outfield, including dire warnings about annual increases of 26% in maintenance fees and annual assessment exceeding $1500 for at least the next 5 years were untrue statements. I could give you more examples, but I'm sure that you know just the lies I am referring to.

5. You state that "the members of this group that sent you this article have continually refused to meet . . . to address their concerns." In fact, members of this group have agreed to meet with you, but we have pointed out that it would not be convenient for such a meeting to occur on Cape Cod. We have also requested that a representative of our group be seated on your hand-picked, top-secret advisory committee, and you categorically denied our request.

I'd appreciate your addressing these inconsistencies, both with me and with the people at TimeSharing Today.

Sincerely,

Michael Weinberg

 

[Sou13]

Send comments to TimeSharing Today

I hope you sent a copy of the above to staff@tstoday.com!

 

[mweinberg]

I hope you sent a copy of the above to staff@tstoday.com!

I will. I'm still trying to give Cliff the benefit of the doubt. Perhaps he's been too busy to answer me.

 

[Classylassy523]

I will. I'm still trying to give Cliff the benefit of the doubt. Perhaps he's been too busy to answer me.

Like he has been too busy to answer the 3+ letters and 1 email I have sent him dating back to August.

 

[Sou13]

Ocean Club at Atlantic Beach

Today I received my maintenance fee billing for 2010 from the Ocean Club at Atlantic Beach, my other "resort owned" as listed in my profile. Here are some highlights of the letter accompanying the enclosed MF assessment:

• The maintenance fee has been increased by only $15 over the previous year, which is less than a 5% increase. The management takes pride in keeping the MF to one of if not THE lowest in the industry.
  
• A letter detailed all of the improvements that have been accomplished without any special assessments or MF increase of more than 5%.
  
• A copy of the Annual Operating Budget was enclosed for my records.
  
• A copy of the calendars for the next four years was enclosed in order for Flexible Use Period owners to reserve weeks for 2010.

NEVMSLLC please take notice!

 

[Sou13]

Good words for Southcape Resort

An Interval International member who exchanged a week and was able to stay in a loft unit at Southcape has some positive words about the resort:

"We are happy with Southcape. Our unit is clean and spacious. The fixtures are dated (e.g., blue tub and sink). But we know we are not in Orlando. We are so lucky to get this exchange. My sister has confirmed a unit at the Brairwoood for the same week last year. We did not firm up our summer schedule until this spring. I put in a request with II for only this one week and got Southcape.

"The kids loved the loft. Their cousin came and one of them had to sleep in between the two beds. No one wants to be on the sofa bed. We love the smaller resort feel. We feel safe to let the kids out by themselves to play outside.

"We drove a lot to see different places. The location is great for our first trip since we would not sit and relax any way."
http://www.tugbbs.com/forums/showpost.php?p=802596&postcount=14

I hope that all this furor over the NEVS/Festiva takeover hasn't brought too much negative attention to Southcape Resort. Rather, I hope it has inspired deeded owners to sit up and take action to retain ownership of Southcape!

From the time that I began posting to this topic in February I have never meant to malign the resort itself. That's why I'm still here posting to this discussion!

 

[Sou13]

Included in check-in packet

Southcape Resort & Club
950 Falmouth Road, Mashpee, MA 02649
Tel: 5084774700
Owner services: ext. 132​

These are exciting times at the SouthCape Resort. Your new management team is dedicated to enhancing your vacation experience and keeping you informed with relevant information affecting your vacation ownership.

This is particularly true during this time in the history of SouthCape Resort. Many owners have contacted us with questions or opinions on issues affecting their ownership. We welcome this dialogue which is important to keeping you informed and to dispel any misinformation that may exist.

During your stay at the resort I urge you to contact our owner services department with any questions or concerns.

Sincerely,

Cliff Hagberg

President, NEVMS LLC

 

[Classylassy523]

Letter from CAC, Inc.

I have received a letter from Paul Schrader, Executive Director of the Consumer Assistance Council, Inc. (CAC), Hyannis, MA. I quote:

Dear Ms. Gallant,

I am writing in response to the complaint you filed with the Massachusetts Attorney General's Office against Sandcastle Resort/Festiva/Outfield marketing. Your complaint was sent to the Cape Cod Consumer Assistance Council (CAC) to attempt mediation.

Despite our efforts, the CAC was unable to resolve your complaint through mediation. I have been asked to return Sandcastle Resort complaints to the Attorney General's Office for further review and consideration.

The Attorney General's staff may be back in touch with you if they require additional information. We understand that this is a difficult issue and we appreciate your bringing your concerns to our attention.

Sincerely,
Paul Schrader
Executive Director

One thing that has either been omitted, overlooked in the writing of this letter, or not included are our complaints against NEVS LLC and NEVMS LLC. Now the CAC and/or the AGs office may be including them under the Sandcastle Resort name but I raise the question because I never filed a complaint against the Sandcastle Resort. I consider the resort itself separate from NEVS and NEVSMS about whom I filed complaints.

My concerns now are that these complaints will get lost in the AG's office ... stuffed into a box, desk drawer or file cabinet ... and nothing will come of all our pleas for help.

I am asking that everyone who filed complaints and others who are sympathetic to our cause write the Massachusetts Attorney General and encourage them, demand, plea, or beg those who have received our documents do something to stop the travesty that is going on at the Sandcastle and Southcape resorts.

The address is:
Massachusetts Attorny General
One Ashburton Place
Boston, MA 02108

In your letters please refer to the complaints filed by deeded owners and former deeded owners of timeshare intervals at Sandcastle Resort, Provincetown, MA and Southcape Resort, Mashpee, MA

There are many owners who are appreciative of any support and assistance others can provide us.

 

[Sou13]

Report from owners

I received a report from owners who took the bait (a Visa gift card) and met with Frank in "Owner Services" for 2 1/2 hours recently. Here are some interesting "updates" they received:

First, there is a new parking pass system. You receive a pass for your dashboard window for your numbered parking spot. The second car in your party receives a pass for a guest spot. If you have more than two cars, you receive a pass to park in the parking lot upfront. The parking passes are given out by Frank Rose, who is the new Owner Services Department. He was hired 7 months ago and lives at Unit 33, with his office at Unit 32. According to Frank, the parking pass system was implemented because of complaints from owners of their parking spaces being taken. It also enables Southcape to know which cars belong on the property.

In addition to giving you your parking passes upon check-in, he also sets up a meeting with you to tell you what has been done at the resort with your maintenance fees and assessment fees. Here's what these owners were told:

NEVS owns 500 weeks that are not sold.
450 owners have defaulted and NEVS has begun putting liens on their property.

There will be no assessment fee in 2010. However, they (these owners) did not ask whether there will be an increase in maintenance fees for 2010.

Owner Advisory Council will not be meeting until the first of the year. This means we will not get a look at the 2010 budget or have any input before it goes before the Board of Trustees.

According to Frank, Cliff is a "junior partner" in NEVS. There are three other partners. One of them worked for the government as head of the department that deals with condo regulations.

Frank also said that Barnstable County inspectors gave them extended time on the septic because they saw how much work NEVS had to do to the units (i.e. roofing, shingles, trim, rotted wood). The inspectors were impressed that they were getting the work done and rewarded them with an extension on getting the septic done right away. No mention on where the assessment money we paid this year for the septic went.

The cost to switch over to points will be going up in November. Frank strongly encourages week owners to switch to points because it is to their advantage since there is no deed involved. He gave an example of parents dying and kids being left with their deeded week and having to pay maintenance fess on them. With points, if you don't keep up on fees, they revert back to NEVS and you owe nothing. He also said points are the way of the future!

He did acknowledge firings at Sandcastle. The manager and the maintenance person "because he was always sleeping."

He also mentioned about the 35 timeshare owners at Southcape and Sandcastle who are "stirring things up." He claims the AG threw out the complaint from Sandcastle. He also questioned who was going to pay for legal fees for an attorney to take the case.

Frank said they are trying to explain to as many owners as they can about the point system because Outfield Marketing might not have gotten to visit them at their home or they misunderstood it.

 

[Sou13]

Owners' Advisory Committee?

The Sandcastle OAC met on September 26th at the Sandcastle. From what I understand there were 6 chosen members and 3 physically attended the meeting and 1 attended via computer (like a net meeting, I think), and 2 were 'no shows'. We have had a couple of reports .. not too much for 2010 was reviewed as far as I could read ... it was more questions from the owners and answers from Cliff and Tom Franks of Outfield Marketing (both are on the Board of Trustees).

Following is a report that was sent to our owners e-list:

Board of Trustees Members Present…Cliff Hagberg, Tom Franks(also Outfield Marketing Partner)

Owners present…Marie Caniglia-Robiolio, Chuck Hazard, Ernie Pergano, Paul Lehrman present via webcam/video conference on laptop…two other owners dropped out.


My questions are italicized. Both Cliff and Tom gave answers to the questions. I did not indiacte who answered what in many cases.


Why did you fail to give the owner’s list to owners who asked to see it?
Cliff’s response was that there are two conflicting laws…one stating we the owners have a right to see the list and the other is the Privacy Act stating it is illegal to give out private information.


Cliff’s attorneys said he would be/ could be sued either way. If he doesn’t give it up he could be sued by the owners for not complying with the law requiring him to do so or he could be sued by someone who got hurt because of the information he gave out. There is a liability here because privacy is compromised. He was advised by his lawyer not to give it out because there is a greater liability in this situation. Someone could be stalked, hurt in some way, bothered by someone who got a hold of that list. He stated it is a responsibility as a trustee to reduce liability and that meant not giving out the owners’ private information. He did state the privacy law number but I was unable to write the number down. Anyone can look it up.


Did you know there was a deficit when you purchased the inventory? They knew there was a deficit but had no idea it was so huge.

You didn’t get a reduced price from the old Trustees on the inventory you bought because of the deficit or the condition of the resort did you? They laughed…NOOO


Why the 26% increase in the 2009 maintenance fees? To cover all the expenses and balance the budget except for the $350,000 shortfall which would be covered by the assessment.


The budget is now balanced.


Do you anticipate the maintenance fees will go up annually? Yes, because all things get more expensive each year, but will not go up anywhere near 26%


Will all financial records be available for owners to view? Yes, on an individual basis, just call the office and let them know in advance when you are coming.


Will you be going after owners who do not pay their Maintenace fees and assessments? Yes, they will go after all the money first, then try for half. If they are unable to get anything, and since it is too expensive to forclose, they will go after it by something called “Entry and Possession” They will go in the room the week the owner is supposed to be there and follow a certain procedure which I will have to get more info on. I didn’t write it all down and I can’t remember the procedure but ultimately the title will revert back to the association. The week can then be sold and it’s the association’s money.


Cliff, did you pay your maintenance fees on your personal week? No, I was unaware that I didn’t pay it until Debbie told me I didn’t pay them this year.

How could you let that happen? It just slipped my mind.

Do you plan on paying them? And any late fee? yes

And are you going to pay the assessment? yes


Cliff did you convert your week to points? No

Do you plan on it? No, I have RCI points.


Will you be taking weeks back? If all maintenance fees are paid and there are extenuating circumstances they will consider it. The title will revert back to the association. They generally will not take weeks back.


If the developer has a week for rent and an owner has a week they want the resort to rent…who gets priority? The developer’s week will get priority because all the money from developer’s weeks that are rented goes to the association as per developer agreement.


The 25% fee that the resort charges to rent an owner’s week also goes to the association as per developer agreement.


I asked about a trust issue we could possibly have since all this is going on? How will we, the owners know that all income is being reported, especially owners’ weeks that are left to be rented out by the resort? They could potentially be occupied by outfield sales people or free night promotional give aways. How will the owners ever know.? It is a trust issue and there has to be some amount of trust. Plus there are maid reports and registry documents that can be seen, and there is always a chance an owner will call their room on their week to be rented and if someone answers the phone after they were told its not been rented…well there is going to trouble and they/ NEVS doesn’t need that or want that trouble.


Well you do know there are big trust issues right now, so trust is hard at this point. You understand? Yes but we have nothing to hide.




********Why doesn’t the developer pay fees and assessments on his unsold inventory? The prior developers didn’t .

So what does that have to do with you as the developer now… The bank would not finance the deal unless the declarent was not responsible for the maintenance fees.

********This is one of the issues that I need to get clarification on. I am not satisfied with their answer at this time and Cliff had issues about discussing it.


Questions about Festiva


Does/Will Festiva pay maintenance fees and assessment? Yes

Will Festiva have voting rights to the units they hold deeds to? Yes

Can/will Festiva have control if they get 51% of the resort? Yes, but it is virtually impossible for Festiva to get 51% based upon the fact that there are 4000 owners. That would mean more than half would have to turn over their weeks. And they also can not take over no matter what percentage they own as long a NEVS is the developer, for contractual reasons.


Cliff and Tom both said there won’t be any issues if the owners make sure they all vote.


I mentioned about the lack of trust we have at this point and not having transparency…

I said there needs to be a way to show that you NEVS/Outfield have nothing to hide. Wouldn’t it be a smart thing to do to let one of the owners be on the Board of Trustees? Cliff and Tom made a call to another Trustee and decided it would be a good idea to have the owners elects one owner to be on the Board of Trustees.


Cliff and Tom will soon be sending out notices stating the duties and responsibilities of the Trustee and will ask for candidates to submit resumes for owners to review and then an election will be held. Details will follow.



Questions about Outfield Marketing


I mentioned to Tom Franks who is not only a Board of Trustee member, but he is one of the 3 partners in Outfield, that there were so many issues with Outfield and that the owners had been told such as outright lies. I listed several which were told to me directly. He said he was unaware of the complaints as he had not heard from any owners. He did say that some of the original sales people that went to people’s homes were fired for various reasons. Please call them with any Outfield issues.


Is Outfield getting paid by Festiva to sell points? Tom was evasive but I believe after I asked several times he finally said yes.

********I asked how much Outfield got out of the $3000 that Festiva charges? NEVS gets about 50%

********So what does Sandcastle get out of it? We get maintenance fee paying owners.

********I have issues with this answer. Not too happy about it.


Where do the Outfield salespeople stay when here at the resort? In developer units, however, if they stay in an owners rooms they will pay for it.

Does Outfield pay for expenses? Yes, they even have a separate phone bill that they pay but they also have an agreement with the developer.



Cliff is any member of your family involved in the renovations? No

But doesn’t your brother work here as a maintenance man? Yes, but not on renovations


I did mention the fact that Cliff himself said his brother was a master carpenter and that Cliff said his brother was going to do some work on cabinets and furniture to save the resort some money. Cliff agreed with that statement.


I asked about the annex and I asked if the rooms there were going to be rented and how much we could expect…Cliff said that he expects $50,000 -$70,000 per year. About $65 per night. The rents go to the association.



I asked if the rooms were going to be used as free promo nights for outfield marketing ? yes they could be and if they were Outfield would pay for the rooms out of their pockets.


Cliff will be choosing two additional people to be on the advisory board. It will meet about 4 times a year. More details to follow.


I had a question about the assessment fees…if you agreed to pay installments and you are late a few days, they will not charge a late fee and void the installment deal.


Cliff did say that if anyone put anything on their check such as “paying under protest” the checks will be returned as funds not available or something to that effect. And he will then charge you a late fee. There is no escrow fund and the demand letters according to Cliff do not mean a thing.


Cliff and Tom did say that some financial issues and other issues are developer issues and have nothing to do with the association.


I hope I did not leave anything out. If I did I will send the additional notes.

http://www.tugbbs.com/forums/showpost.php?p=801803&postcount=128

Here's what the Master Deed (BOOK 3526 PAGE 112) has to say about the Trustees:

Section 3.1. There shall be at all times Trustees as shall be determined from time to time by vote of the Unit Owners entitled to not less than fifty-one percent (51%) of the beneficial interest hereunder. Provided that: (a) so long as the Declarant of the Master Deed recorded herewith, or its successor, owns fifty-one percent (51%) or more of the beneficial interest hereunder, the number of trustees shall be three (3), and it shall be entitled to appoint two (2) of said trustees; (b) so long as the Declarant or its successor owns ten percent (10%) or more of said beneficial interest, it shall be entitled to select at least one trustee; and (c) when unit owners other than the Declarant or its successor own fifteen percent (15%) or more of the beneficial interest, they shall be entitled to elect at least one trustee. If and whenever the number of trustees shall become less than the number of trustees last determined aforesaid, a vacancy or vacancies in said office shall be deemed to exist. A vacancy in the Board of Trustees occurring between annual meetings of unit owners which is not filled by said unit owners within sixty (60) days, shall be filled by a majority vote of the remaining trustees, subject to the rights reserved by Declarant hereinabove. Such appointment shall become effective upon the recording with the Barnstable County Registry of Deeds of a certificate of such appointment signed by a majority of the then-remaining Trustee or Trustees, together with acceptance, and such person shall then be and become such Trustee and shall be vested with the title to the trust property jointly with the remaining or surviving Trustee or Trustees without the necessity of any act of transfer or conveyance. If for any reason any vacancy in the office of Trustee shall continue for more than thirty (30) days and if such vanancy shall not be filled in the manner above provided, a Trustee or Trustees to fill such vacancy or vacancies may be appointed by. a courtt of competent Jurlsdiction. Tne foregolng provlslons of thls sectlon nothithstanding, despite any vacancy in the office of Trustees, however caused and for whatever duration, the remaining or surviving Trustees, subject to the provisions of the immediately following Section, shall continue to exercise and discharge all of the powers, discretions and duties hereby conferred or imposed upon the Trustees.

Nowhere in the Master Deed or the Deed to NEVS

Bk-Pg:23138-109 Recorded: 09-04-2008 @ 3:44:18pm Inst #: 46644 Chg: Y Vfy: N Sec: N

Pages in document: 76
Grp: 1
Type: Deed Doc$: 1,200,000.00
Desc: SEE INSTRUMENT

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

Gtor: BARTH, VINCENT J (AS ID AS TR &O) (Gtor)

Gtor: WOODS, ROBERT P (AS ID AS TR &O) (Gtor)

Gtor: SOUTHCAPE TRUST (BY TR &O) (Gtor)

Gtor: ACQUISITIONS INC (&O) (Gtor)

Gtor: SOUTHCAPE RESORT & CLUB COMMUNITY ASSOCIATION INC (&O) (Gtor)

Gtor: JEC PROPERTIES INC (&O) (Gtor)

Gtor: SAND CASTLE NOMINEE TRUST (BY TR &O) (Gtor)

Gtor: ROYAL COACHMAN CONDOMINUM TRUST (BY TR &O) (Gtor)

Gtor: SAND CASTLE CONDOMINIUM TRUST (BY TR &O) (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

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

Recording Fee: 100.00 State excise: 6,840.00 Surcharge: 25.00​

can I find any reason for NEVS to be installing 5 members on the Board of Trustees.