[2009] Sandcastle P'Town Weeks Owners - please check in here

[Jaidit]

Back to topic

Since the topic was for Sandcastle weeks owners to check in...

This is my first post here (made from Sandcastle). I'm a week 37 owner.

 

[Sou13]

So how's the Internet access at the Sandcastle? Can you access it from all the units?

Also, have you been approached by "Owner Services" or whatever they're calling themselves?

 

[Classylassy523]

Sandcastle Owners List

Jaidit ...

Are you aware of the list of Sandcastle Owners and their Google Group. There are over 160 owners on this list. We are communicating among the list trying to organize and plan a way to correct what is wrong at Sandcastle.

If you would like to join us please send an email to Beryl Soparkar at BSopar@aol.com

Please include your name, address, phone, email address, unit(s) and week(s)

 

[NEVMSLLC]

Sandcastle owners who would like answers to their questions about the resort can email me directly at nevmsllc@gmail.com

Cliff Hagberg
NEVMS, LLC

 

[Jaidit]

So how's the Internet access at the Sandcastle? Can you access it from all the units?

Also, have you been approached by "Owner Services" or whatever they're calling themselves?

I wouldn't know if I can access it from all the units. I've only used it in my own. What a terrible use of vacation time, checking the Internet access in all the units. I'd expect to get paid for that.

And if I tried to check, I can only imagine the notice going around: "A man has been knocking on doors asking if he can check for Internet service. Please contact the front desk if he knocks on your door, and he will be asked to leave the resort."

We did have the meeting with Outfield. They have a product to sell that doesn't align with my interests. Of course, it's not their job to further my interests, but their own.

Do I think they go a bit, well, outfield with their spiel of "what we have is so much better than what you have"? Yes. And I have spoken to people who really wanted, like me, to return to Sandcastle, same place, same time, who shouldn't have exchanged for Festiva points. I've heard stories of some high pressure sales tactics. All this with talking to a grand total of three other owners.

 

[Genya]

No it was not notarized
Greg Hughes (from Outfield Marketing) just printed his name on the forms
The salesman Michael didn't give me a card. He did all the talking
He said the Festiva group were hired to take over the management of Sandcastles. The old group is no longer in charged.

Genya

Am I the only one that is dumb enough to fall for this!!!
Anyone else besides me......

 

[Sou13]

Genya,

You need to file a complaint with the AGO. Here's the link:

AGO Consumer Hotline and Mediation Services

If you are requesting mediation, it's to get your week back because there was fraud involved. Good luck!

 

[Classylassy523]

Organizing Owners into an Owners Association

Many of you have probably been reading of the ongoing problems at the Sandcastle Resort in Massachusetts. For many years the owners have been complacent and comfortable. That has all changed and now we are looking into getting an owner's association organized and running. I know that this is something that should have been ongoing all these years, but it hasn't and now we are playing 'catch up'.

What I am seeking is information on how this is done. Are there any successful owners organizations out there that could provide guidance or information on what they did? I know there will be pitfalls and problems in the organizational and planning stage. That is inevitable but I am hoping experienced people willing to share advice and their experiences might help us avoid a few of the problems. There have to be by-laws and probably a charter. Was this all done via an attorney at the get go, or was it started with a grass roots organization in the beginning? Are there locations on the web that can provide us with sample by-laws for a timeshare organization to get us started?

Thank you for any help, suggestions or guidance you can provde.

 

[timeos2]

Get the word out. It isn't easy

What I am seeking is information on how this is done. Are there any successful owners organizations out there that could provide guidance or information on what they did? I know there will be pitfalls and problems in the organizational and planning stage. That is inevitable but I am hoping experienced people willing to share advice and their experiences might help us avoid a few of the problems. There have to be by-laws and probably a charter. Was this all done via an attorney at the get go, or was it started with a grass roots organization in the beginning? Are there locations on the web that can provide us with sample by-laws for a timeshare organization to get us started?

Your Association has already been created by the documents filed when the resort was registered. What you need to do is wrest control of that Association from the original developer or those that subsequently have taken control and give that ultimate power to the individual owners at the resort.

Many (most) states won't allow individual owners to send mailings to the owners list as an understandable privacy protection. You need to get an active core group of owners together to pressure the existing management to allow open elections.

I have seen a successful takeover of control in a similar case where the owners started a Yahoo! group as well as posts here on TUG to garner support. They were able to force management to send a mailing to all owners and to run a slate of owners for the Board. After about a year they gained the majority of the Board seats, removed the under performing developer management for an independent (and much lower cost) management firm and eventually got the collections under control (the lifeblood of every resort).

You have to do the work unpaid and under appreciated with the hope that other owners will join in support and eventually make your resort truly your resort. Start with the very messages you have here and keep at the tough job of getting the attention of a large group of owners. Good luck.

 

[Classylassy523]

Thank you

Thank you for your reply. Time to go back to the deed and trust and find that information.

I feel that we need an active organization when and if this all goes to court. Any sense of unity and organization will help our cause.

In Massachusetts there is a general law stating that upon request by an owner the management of the resort has to provide a current and complete owners list. That has proven to be a stumbling block. The resort was taken over by a company that controls the board (no owners have been allowed to sit on the board as of this date), they have started a second company that is managing the existing management of the resort, and have hit us with a huge special assessment and maximum increases on our annual maintenance fees.

It is going to be a long battle, but many of us who have been able to communicate among ourselves are determined to get our resort back from their clutches.

Again, thank you for your reply.

 

[ecwinch]

Many of you have probably been reading of the ongoing problems at the Sandcastle Resort in Massachusetts. For many years the owners have been complacent and comfortable. That has all changed and now we are looking into getting an owner's association organized and running. I know that this is something that should have been ongoing all these years, but it hasn't and now we are playing 'catch up'.

What I am seeking is information on how this is done. Are there any successful owners organizations out there that could provide guidance or information on what they did? I know there will be pitfalls and problems in the organizational and planning stage. That is inevitable but I am hoping experienced people willing to share advice and their experiences might help us avoid a few of the problems. There have to be by-laws and probably a charter. Was this all done via an attorney at the get go, or was it started with a grass roots organization in the beginning? Are there locations on the web that can provide us with sample by-laws for a timeshare organization to get us started?

Thank you for any help, suggestions or guidance you can provde.

From your post it sounds like you are asking about the owners association - which some posters are taking to mean the HOA at the resort. But from having followed this thread - are you not asking for advice on to form a concerned owners group?

 

[Tia]

My first timeshare had happy complacent owners too until our fees started rising with special assessments with little to show. We started asking willing owners to donate $ to a legal defense fund used to help get mailings out. We got an owners list from an unhappy employee. We also made phone calls to owners asking them to vote and directing them to the website one owner had created that had a bulletin board. We had a slate of owners recommended for election. We out voted the developer and elected an all owner board for the very first time. Those board members worked hard for free and continued to fight to right the past for years. We had a forensic accountant look into past years financials and found a money trail of HOA funds not being used for the HOA purposes. Our developer was not paying maint. fees like they were suppose to the forensic accountant found. The developer continued to fight using mailings and anything else it could. The developer found willing owners to go along with them saying the elected Owners board was misinformed, haha oh my it was unbelievable. The HOA hired a couple lawyers to start then hired a larger group that finished the suit against a major named developer with deep pockets which took several years. We shall see as the millions recieved are just now being put to use. It is hard to make up for the past damage.

Thank you for your reply. Time to go back to the deed and trust and find that information.

I feel that we need an active organization when and if this all goes to court. Any sense of unity and organization will help our cause.

In Massachusetts there is a general law stating that upon request by an owner the management of the resort has to provide a current and complete owners list. That has proven to be a stumbling block. The resort was taken over by a company that controls the board (no owners have been allowed to sit on the board as of this date), they have started a second company that is managing the existing management of the resort, and have hit us with a huge special assessment and maximum increases on our annual maintenance fees.

It is going to be a long battle, but many of us who have been able to communicate among ourselves are determined to get our resort back from their clutches.

Again, thank you for your reply.

 

[Genya]

Genya,

You need to file a complaint with the AGO. Here's the link:

AGO Consumer Hotline and Mediation Services

If you are requesting mediation, it's to get your week back because there was fraud involved. Good luck!

Has anyone gone to mediation? What was the result
Genya

 

[Classylassy523]

In mediation now

Has anyone gone to mediation? What was the result
Genya

Most of the complaints sent to the AG by Sandcastle owners are in mediation in their Hyannis office. So far I don't see diddly squat happening other than Cliff walking in and out of that office complaining. Ralph Smith, the mediator, sent me a copy of someone else's complaint. I emailed him over two weeks ago questioning it and asking for materials he had referenced in a handwritten memo to me and have had no response. This man works 3 hours on Monday afternoon. I know he is volunteering his time, but with the amount of complaints he has regarding our problems, how can he possibly complete his task in a reasonable amount of time.

MA General Laws have been broken, and I fail to see how criminal acts can be mediated. I always thought criminal acts were tried in court. Obviously that has changed. I also thought that the Attorney General was supposed to enforce the laws of the Commonwealth. Was I wrong about that, too?

Waiting for mediation is playing right into the hands of NEVS, NEVMS, Outfield Marketing and Festiva Resorts by giving them time to acquire more and more intervals. The more intervals they acquire, the weaker our positions as deeded owners become. That is why a lawsuit on behalf of Sandcastle and Southcape owners is necessary. The AG won't stop them so it will be up to us.

 

[Classylassy523]

Looking for Sandcastle Owners

We continue to reach out to Sandcastle deeded owners who are unaware of the growing group of owners who have been able to band together and share communications.

If you are an owner or know of owners who are unaware of our efforts to keep Festiva Adventure Club from acquiring any more deeds, to stop Outfield Marketing from continuing their horrendous treatment of owners and to rid the Sandcastle of the current management situation, please have them contact me through TUG BBS via email or private message.

We have many things happening and need to reach as many owners as possible.

 

[mweinberg]

Which is It?

I post these concerns here because, despite his claims about wanting to answer questions from owners, Mr. Hagberg does not answer my emails. I know that he visits TUG on an almost daily basis, and perhaps, in the spirit of the transparency he claims to value so much, he'd be willing to address some of my concerns regarding contradictory information that seems to be circulating.

1. 10% or 50%? Some people have been told that NEVS retains developer status as long as they own 10% of the inventory, while others have been told that as soon as 51% of inventory has been sold to deeded owners the developer status ends. Which of these is true?

2. Counts or Doesn't Count? Some people say that the unit weeks during which the resort is closed count toward developer inventory, while others have been told that they do not. Since winter units account for 35% of total inventory, the answer to this questions is extremely important. Since these unit/weeks can not be sold, it would be extremely unlikely that Cliff/NEVS will ever fall below 50% inventory, and it would be absolutely impossible for them to ever fall below 10%.

3. Votes or Not? In the notes from the September 26 Advisory Committee meeting, Cliff is quoted as saying that Festiva has voting rights for the deeds that they hold in trust. In a posting here on TUG, though, Cliff said that Festiva has contractually given up their votes. So, does Festiva get to vote or not?

4. True or False? At that same Advisory Committee meeting, the Sandcastle Trustees apparently agreed to allow owners to elect a representative to the Board of Trustees. However, I read elsewhere that the person so elected will be required to sign a confidentiality agreement. Is this true? Do other resorts ask members of their Boards of Trustees and HOA Boards to sign such agreements? How can the owner representative on the board fairly represent owners unless he/she is able to communicate freely with other owners?

5. Related or Not? I know this has been asked before, but what exactly is the relationship between Festiva, Outfield, and NEVS? At various times, I have been told that Festiva bought the Sandcastle, that Outfield is a division of Festiva, and that the new president of the Sandcastle board of trustees is a member of the board of directors of Festiva. I have also been told that there is no relationship between the 3 companies. Clearly, not all of those statements can be true. Who am I supposed to believe?

mweinberg

 

[Sou13]

Unanswered questions

I see that these questions remain unanswered, at least not answered here.

There may be some encouraging news from the CAC in Hyannis, if learning that all the complaints that were supposed to be mediated there have been sent to Boston for review. Keep up the noise and let's get some action!

 

[Classylassy523]

Letter from CAC, Inc.

I see that these questions remain unanswered, at least not answered here.

There may be some encouraging news from the CAC in Hyannis, if learning that all the complaints that were supposed to be mediated there have been sent to Boston for review. Keep up the noise and let's get some action!

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 is 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.

 

[GordonH]

The Massachusetts AG is currently too busy running for the US Senate seat formerly held by Kennedy. She has been an absentee AG anyway now this current distraction will not help your cause. POLITICS!!!!!!!

 

[Genya]

I just got the following letter fom the Janice Albertazzi Consumers Assistace Council, Inc in Hyannis

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

Dear Ms. Lee,

I am writing in response to the complaint you filed with the Massachusetts Attorney General's Office against 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 these 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,
Janice Albertazzi
Executive Director

Seems like a lot of us and I don't understand why the can't do anything for us. sigh

 

[Classylassy523]

Reply back to the AGs office

Genya,

I got the same letter. What I did was follow that up with another letter to the Attorney General, explaining that I had received a letter stating that mediation had failed, reiterating what I had written in the complaints previously filed. Explained that nothing has changed, nothing has improved, that laws continue to be broken. Emphasized that I, along with the majority of owners, are senior citizens who have reached that time in our lives when we expected we would enjoy what we had purchased and supported all these years, only to find that that dream had become a nightmare.

I filled out another complaint form (on the AGs website) ... in the comments area asked that this be added to the previous complaints I had filed, and mailed the form, letter, and a copy of the CAC's letter to the AGs office. I encouraged other owners to do the same ... just to reinforce our position and alert the AGs staff that we are not backing off and are expecting them to do what they have been charged with ... to enforce the laws of the Commonwealth of Massachusetts.

 

[Classylassy523]

Sandcastle Owner going to court

Four years later and the struggle continues. The Brennan family (deeded owner) has a court date.

Brennan vs. Hagberg. August 9, 2012 at the Orleans District Court, 237 Rock Harbor Road, Orleans, Massachusetts.

Tom Mitchell, another deeded Sandcastle owner will be at the resort that week and will be attending. He has asked that I post this and if there is anyone who will be at the resort or in the area that week and would like to attend the court hearing to contact him and he will be glad to provide transportation.

Tom Mitchell ... Week 31, Unit 220. You can reach him via email: tominspfld@gmail.com or cell phone: 860-989-5685


Mr. Brennan's description of the case:

Summarization of Case: developer doesn't pay its share and this inflates your cost, Sandcastle Resort is a sole propreitorship of Hagberg that doesn't follow the common area percentage and commingles trust funds... and defalcations (who pays the developer share? property taxes?)
fraud (billings and financial summaries and letter responses to questions), constructive fraud (Festiva), conspiracy to commit larceny (repeated overbilling, ignoring off season week half share, special assessment illegal and unlawful) mail fraud (Festiva, annual assessments not according to common area percentage, 1 response letters says Intercity pays same as every owner (lies) - all enabled by the trickery of it being an investment contract with an approval process of sending a bill and receiving a check (the approval))

Extortion: as a "holder" of information, that makes the collector of the money an official agent, so demanding more money and getting it as the owner fears personal damage to their credit rating is extortion by Mass. law definition - if Sandcastle Resort is not delegated this authority, then they cannot collect the taxes, can they? I am sure this topic will be seriously argued, but if they win that idea they are not delegated agents of the trusts' trustees, then surely its a sole propreitorship based on the business name certificate filing, therefore the one who must pay will be Hagberg PERSONALLY, which was the point...

Aiding and abetting breach of fiduciary duty: this and Chapter 230 section 5 enables a beneficiary to sue any and all third parties who are screwing the trusts...
All I have to prove is that they knew it. It's hard to pretend Hagberg didn't know when he is trustee, developer, managing entity, and Sandcastle Resort (still not sure what the demarcations of when each position starts and stops and what each one actually does -since Hagberg claims all the contracts are private)

 

[NEVMSLLC]

Sandcastle Owner Going to Court

The case was dismissed.

 

[ChrisH]

Sandcastle MORE SPECIAL ASSESSMENTS - VOTE!

The management at Sandcastle/Royal Coachman sent out letters about 2 weeks ago with

Another Special Assessment that will be due this January 1, 2013;
6 more pages of additional proposed Special Assessments;

with a BALLOT for approval/disapproval.

The total, if all are approved, will amount to approximately $1152 per unit owned.

The ballots are due back to Sandcastle by October 15th. There will be a meeting at Sandcastle on October 20th to discuss the results.

I have heard from owners who did not receive this mailing - letter or ballot - at all.
If you are among them, then you need to call the resort at 508.487.9300 or visit www. Sandcastlecapecod.com and use the Contact Us link to inform management that you do not have any BALLOTS for your unit(s).

All owners should be voting.

 

[Classylassy523]

Re-establish Sandcastle Owners Association

Are you an owner at Sandcastle Resort and Condominium in Provincetown, MA?

There is a group of owners trying to re-establish the Owners Association.

With this latest go-round of proposed Special Assessments planned over the next three years, it is imperative that owners group together and do something to have a meaningful say about what happens at our resort.

Management has repeatedly refused access to the owners list at the resort even though the Deeds and Trusts clearly state that owners are to be provided with the list when a request is made. I have previously posted this request on the Sandcastle Resort Facebook page but it was removed in a matter of hours. I also submitted a written request to post this on the Owners/Members secure section of the resort website (supposedly the area where owners can communicate) but have received no response from management. For these reasons I am turning to TUG and other media to get the word out to Sandcastle owners.

If you are going to the meeting at the resort that is scheduled for October 20, 2012, at noon, you can contact me there. If you are unable to attend the meeting and are interested in re-establishing the Owners Association, or if you don't want to wait for the meeting you can contact me through TUG.

FYI ... I have checked with the resort office staff and questioned how the ballots would be handled. I was told that the Office Manager would count the ballots (she works for the owners) and then the ballots would be turned over to Cliff Hagberg (he owns the management company). I asked how possible ties would be handled, especially with the multiple choice questions and was told that that was unknown at that time. When I asked if there would be a separate company responsible for verifying and certifying the count ... I was that there was not. These ballots represent approximately $3 million and could mean a total of $1,200.00 in assessments for each unit. With this amount of money coming directly out of the pockets of deeded owners, a verified/certified ballot count is very important.

Thank you,
Jean Gallant
Deeded Owner
Week 40