Meeting with Rosaleen and NEVMSLLC
I've been counting "views" of this discussion and hoping that Southcape owners would post replies but it looks as though I can't put this Part II off any longer, so here goes:
When I emailed Rosaleen the questions I suggested that she might fill in the answers and print them out or (preferably) email them to me so that I could forward them to the Southcape owners on my elist, but instead she led me into her office, then explained that some of my questions needed to be answered by a trustee, which is why NEVMSLLC needed to be present. I wasn't taken completely by surprise but this did make a difference in what I could say to Rosaleen, who has a 20-year history at Southcape Resort and has been the Resort Manager since 2006. I didn't tape-record the meeting, and if either Rosaleen or Mr. Hagberg did, they can correct me if I'm posting "misrepresentations" because it's been suggested or implied in the past that I've been guilty of doing that.
I was aware that another owner had met with Rosaleen in October, which is why I wasn't necessarily expecting to have a "trustee" present at this meeting, especially when I wasn't requesting to view the books (which I do not feel qualified to do). Other owners who may have had their requests honored haven't reported these meetings to me.
So if anything I report here is a "misrepresentation" I invite NEVMSLLC or any of those other "personas" to correct me because I do try to get to the bottom of things. I will focus on unanswered questions and email the rest to Southcape owners on my elist.
The most important "misrepresentation" that needs to be corrected is that Mr. Hagberg does not collect a salary of more than $4000 a week from NEVMS LLC the management company. The "General and Administrative" item on the budget represents the total amount paid to the company and this is determined by a percentage of the maintenance fees that are expected to be paid, which according to the budget shows a
decrease for 2010 and I'm still at a loss to explain why. If Monterey Financial is expected to collect more from delinquent owners in 2010, shouldn't there be an
increase in the amount paid to NEVMS?
The biggest issue that remains unresolved is that NEVS is using two units on a year-round basis without paying MFs, SAs or rent for use of those weeks because the so-called "developer's rights" allow them to maintain a "sales" office at the resort. However, since NEVS has now "relocated" to a residence address at Southcape Resort, this is IMVHO a further imposition on MF- and SA-paying owners, especially since, despite what NEVMSLLC claims, weeks are
NOT being sold in Unit 32, and Unit 33 is
NOT being used as a "model" as a developer would use a unit or in the case of Southcape would need
6 units to show as models because there are
6 styles of units available at Southcape Resort. Unit 33 is being used as a permanent residence for the "owner services" rep who is actually
servicing Festiva, not Southcape Resort owners.
To my question of why Rosaleen and CH "perjured" themselves by filing papers that they served as "Clerk" of the corporation, the answer which I have verified in the case of Rosaleen is that she never signed the papers! However, the filings looks fishy to me because the "signature" part is cut off, and CH did sign the "Certificate of Change of Directors or Officers," which is why I'm not satisfied with the answer to this one.
To my questions about owner representation on the Board of Directors and Board of Trustees, the answer remained that there are legal issues that need to be worked out. If and when this ever happens, my concern is that the Master Deed will be amended to accommodate Festiva, not Southcape Condo I deeded owners. The online filings at
http://corp.sec.state.ma.us/corp/corpsearch/CorpSearchInput.asp do not go back to the earliest years of Barth & Woods as "directors" of the corporation. The earliest online filings are 2001. I was told that there were two appointees to the board in the 1990s but that when one of them died he was never replaced. The records of whatever happened to the board members who were serving in 1990 have not been produced. I did request copies of all meeting minutes and trustees meeting minutes since 1982 but if they exist, I have to request them again. This is a matter for the "advisory committee" which is not expected to be meeting until next year.
The answer to my question of who was taking "minutes" at the "annual meeting" the answer was that Denise Daly, who works for NEVMSLLC, was sitting in the back of the room taking notes which she later corroborated with the "clerk" (whoever that is) and that the "annual meeting" wasn't actually an "annual meeting" because the agenda was not followed. I can dimly see a picture in my mind's eye of CH throwing the agenda into the air, which he claimed he did, but since no Southcape owners have posted their recollections of the meeting to this discussion, there are more than 1000 Southcape interval owners who are under the impression that they have received "minutes" of the "annual meeting" in the mail.
I didn't request the owners' names and addresses but did acknowledge that I'm aware of the civil action filed by Al Ewald. Despite my acknowledgment of willingness to help Mr. Ewald my name may still be added to the list of potential owners' advisory committee members. Rebecca Trail has not filed the papers to have her name added to her parents' timeshare weeks, which is why she is to date ineligible to serve on the committee.
When CH expressed his dismay at my description of his band as sounding like a "buncha drunks" Rosaleen pulled up band's website and read what was posted there, then pointed out that he had "asked for it" by what he had posted! It was generally acknowledged that his posts may need editing or "softening" as was done in the very informational and positive letter that had accompanied the 2010 MF billing. Rosaleen is our intermediary and is doing a great job IMVHO which is why I asked whether she plans to continue in that capacity. She loves her job at Southcape Resort and let's hope her love affair continues for many years to come!
Mr. Hagberg indicated to me that some of the posters to TUG may be in jeopardy of having legal action taken against them. When he specified that ClassyLassy had posted that he was guilty of criminal acts, I told him that when he accused me of doing the same, I reasoned that if I'm doing 30 MPH in a 25-MPH zone I'm breaking the law and that might make me a criminal. CH didn't recall that email message to me but I save all my email messages and can produce them upon request. I refuse to be bound by a "confidentiality" clause if I email questions to
nevmsllc@gmail.com.
I addressed my concern about the $2.5 million mortgage which was explained as a "line of credit" but I can't take the responsibility for explaining why it exists. My ears heard a question raised about it at the May 16 meeting, but CH denies that the question was about the mortgage, and if Denise Daly was sitting in the back of the room she may not have even heard that one.
An attempt was made to explain how "float" weeks are assigned to Festiva. I'm still not satisfied with the answer. If our hopes for financial security rest on Festiva paying MFs and SAs for the weeks that have been turned over to the FAC, then our hopes for the future rest on the financial security of the FAC which is already showing deficits for 2009 and 2010. I wasn't expecting to be having a meeting with Frank in "owner services" when I met with Rosaleen and NEVMSLLC so I was not aware at the time of the meeting that weeks in units 32-55 are fixed, not float, which explains why Condo II was never sold out. In fact, I learned from NEVMSLLC that none of the weeks in that block of condo units had ever been sold by Barth & Woods. In 1990 an offer was made in the "RUMOR MILL" to contact management about buying units for year-round residence! This is why we need to know what was going on for the past 18 years. According to NEVMSLLC the board of trustees never met!
If any questions raised in this discussion have not been answered, please bring them to my attention. I will email the questions and answers attachment to Southcape owners only. Anyone who is not on my email list can email me a request to be added to the list.
