[ 2012 ] Fairmont / Sunchaser / Northwynd official thread with lawsuit info!

[Just Looking Around]

RE: Post 3142;
Water Leaks; in what shape would the resort be in if the water leaks and repairs are not done? There would have been complaints about the condition of the resort. The exterior of Riverside looked awful in addition to the interior. I found that those who stayed in a renovated unit have posted positive reviews
on Sunchaser's website and other travel sites.

Association; A survey was done by Northmont in late 2011 with very few respondents and very few in agreement with having an association. Were the timeshare owners afraid of having to pay increased maintenance fees to fund an Association?

Credentials; What facts are there to support the claim of "real credentials"? Have a look at the drawings and check out the credentials.

Re-designed units repurposed as condos; Northmont committed to renovate, redesign, repair those units which remained as timeshares to accommodate those who "paid to stay". Those units not required because of those who "paid to leave" would not be renovated, etc. and would be separated/realigned from the resort.
I have stayed in a renovated unit in Riverside and found it to be very nicely redone; inside and outside. I fully support Northmont's plan of realignment.

Kirk, can I call you Kirk? I'll call you Kirk. I'd like to make it personal, Kirk. I prefer that to an impersonal transactional relationship. Every person with a shred of humanity would be more comfortable making it a personal relationship, but then you are the only one on this bulletin board who refers to recent posts by their sequential number, rather than quoting the actual wording. I bet you also use keyboard shortcuts rather than the touchpad or mouse, am I right?

Of course, you have to fix a water leak. That doesn't entitle you to take the units down to their studs and redesign them. $40-million divided by the number of units or even the square footage is extravagant. The redesign is a material breach of the lease agreement. Incidentally, that price tag is the only extravagance in the history of the property. The renovated units didn't cost near what the $40-million figure would imply. Every accessory and appliance is a cheap inexpensive version. I have seen the pictures. They aren't nice. If you are so proud of them why are the only images of them on the Sunchaservillas.ca website just a few fleeting glimpses on an RCI video tour? Let's be serious, some Director's wife did this, am I right? They are spartan, unwelcoming, cold, loud empty spaces with the furniture around the outside walls. All of these an anathema to hospitality accommodations, interior design mistakes 101. I just looked at Trip Advisor for Sunchaser, and the first two reviews are 1/5 - 'Terrible.'

You've used this pathetic survey excuse before to defend the indefensible. My lease agreement says the Lessor "...shall..." form an association. Shall, as in must. Not having formed an association is a material breach of the lease agreement. No one was surveyed, ever, am I right?

Management, Kirk Wankel, and his predecessors don't know what they are doing, and they know they don't know what they are doing. That is why they don't want an association because their failings would be exposed at every meeting.

When you say lessees didn't want an association because of the cost are you suggesting that Northmont was concerned about what the lessees would have had to pay in maintenance fees? That would be the ultimate hypocrisy: Northmont trying to save us nickles whiles it extorts tens of thousands of dollars, am I right?

You said, "Northmont committed to renovate, redesign ..." Committed to whom? Kirk Wankel didn't have a meeting and invite the lessees and say, "Friends, I am committing to you Northmont will renovate, redesign ..." They cooked it up as a scheme among themselves to extort money, am I right?

I am fascinated by the people who remain lessees at a property with no sales. There's another material breach of the lease agreement. How has the property benefitted from the monies that people paid to stay? I know three buildings have been renovated. I am talking about the rest of the money from those who paid to stay. Is it in reserve? The lessees that stayed pay maintenance fees but Northmont has not and is not? The monies from those who paid to go, $20-million I have heard, where is that money? Barbados, am I right?

You and I here, we're just discussing insignificant details. The truth is people will kill themselves because of these judgments. The truth is families will be ruined because of these judgments. The truth is peoples' holidays, and health has been ruined because of these judgments. And Kirk Wankel could seemingly care less. Its a game to him. Imagine knowing him, being related to him, being him. The legacy of Arthur Andersen lives.

The original renovation was a pretext to extort money from every lessee. The truth is that renovation will never be completed, but the price tag on paper remains the same. The truth is Kirk Wankel has at every opportunity escalated the cost to people who paid Northmont good money, at the outset and for every year after that. Most of these people are owed 20-years of vacations, but Wankel seized the opportunity to raise the exit fee and arbitrary cost - 27% interest - to maximize his gain.

The truth is, it's Not A F$%^&*! Resort. (#NAFR)

 

[KGB_527]

Re: Post #3148;
The houseboats, Kelowna timeshare, Hawaii timeshare, Belize timeshare were not exclusive to Fairmont (FRPL) Resort timeshare owners unless they were members of the Platinum Club.

"Sunchaser timeshare owners have no say on how the developer does business; timeshare owners have an agreement for time, whether there are 5,000 villas or 12,500 villas in the resort. They do not have a proportionate interest in the real property"

Wankle (Tswow) - If this is the case, why the hell we pay to leave, we pay even more to stay, we pay for your so called RENO PROJECT, on the top of that we have already paid initial investment of ~ $14K, if we do not have a proportionate interest in the real property??? You know, I have been thinking about doing some reno project on my house. Can I send you a bill for let's say 30% of the project? I know you would pay because, YOU DO NOT HAVE ANY INTEREST IN MY REAL PROPERTY. At least not yet. Will you? Please answer.

 

[LilMaggie]

You seem to have a lot of inside information and some here think you are Kirk Wankel.
Are you? Or aren't you?
We sure wouldn't want any falsehoods circulating - now would we?

truthr...you are so right! I read this TUG member's very first post in March 2013. tswow "knew" that the owners didn't respond to a survey regarding redeveloping the resort or that we didn't show any interest in forming an association. Clearly this individual is someone who knows a whole lot more than I ever did at the time, or even now. If you are a TUG moderator, please leave this forum to those of us who have a horse in this race. We are trying to find solutions to a very large problem.

 

[CleoB]

I went to the Calgary courthouse yesterday. They know who we are. They told me they have a separate room just for our case. I was placed in option 1 without my consent and with documentation between myself and my lawyer stating this. The courts told me there was a note on my file stating I settled and the case was closed for me. I was told that there is no more appeals and that Judge Young is still addressing the costs and interest for all clients and that only our lawyer knows that date as Judge would have told him the date for this. I was told our deadline and Judge Youngs are independent of each other and could possibly be why we have a deadline. I was also told the only recourse I have is to go to the BC Law Society.
People I encourage you to go to the courthouse yourself and talk to them on the 6th and 7th floor if you don't know where you stand and need information. Take your Civil claim or dispute note with you and give them the action number from it. This is my scenario I cannot speak for yours.
Wow I am just blown away. Dead end for me!

Did you receive the settlement paperwork from MG? I would email him back (on the email you sent him indicating you were not accepting) and ask him why he told the court house that you settled.

 

[Newbie2]

truthr...you are so right! I read this TUG member's very first post in March 2013. tswow "knew" that the owners didn't respond to a survey regarding redeveloping the resort or that we didn't show any interest in forming an association. Clearly this individual is someone who knows a whole lot more than I ever did at the time, or even now. If you are a TUG moderator, please leave this forum to those of us who have a horse in this race. We are trying to find solutions to a very large problem.

Wankel, This is just a game to you right? WOW. However, these are real people with real families and responsibilities that do not have the millions you are extorting. Does it not register with you that you are destroying people for your gain?

 

[dotbuhler]

Every one should wait for a subpoena and go to the court house and fill out the paper at the court house and represent yourself. You have a right to do this and this will load the courts up for years.

I figure that I can do a far better and honest effort than MG ever did. I really feel that a jury trial is more favourable to the situation, as well.

 

[Appauled]

In response to all, YES I agree!!!
Suspiciously TSWOW knows a lot of information regarding the inner workings of Sunchaser/Northwynd and TSWOW must be Kirk Wankel or a close insider to him!
How was he able to give such detailed yet completely skewed responses to my POST #3148???
By responding with the actual number of time shares Sunchaser has conveniently "taken offline"???
And for the record, TSWOW aka Kirk Wankel, I AM A PLATINUM CLUB member along with hundred's of others who paid top dollar in excess of $30,000.00 when we signed up for the privilege of being RIPPED OFF, and that doesn't put any of the people/Timeshare owners who did not opt for the Platinum Club at any less consideration for what has occurred!

 

[Shake Down]

New to the forum and a bi-annual gold member, trying to get my head wrapped around this “Sunchaser Bait and switch selling contract”

A question come up “Is Timeshare Ownership an Investment Product?” After some discussion, the conclusion is that the purchaser outlays funds for economic benefit, thus timeshare fits well within the definition of an investment product.

Are there other avenues of investment laws or acts in Canada we should also consider getting involved?

 

[mmchili]

May it be known to everyone that I am not Kirk Wankel nor am I affiliated with Northwynd and Northmont.

I am an timeshare owner who "paid to stay" and am current with my maintenance fees. I do not appreciate having to pay additional maintenance fees to cover for those who are in arears and to possibly pay for some of the legal costs associated with litigation process. Nor do I appreciate and do not agree with the litigants group opposition to the realignment of the resort, this is being obstructionist and mischievous.

The rude and personal remarks do not make your plight any easier to resolve. The matter is legal and factual and will be resolved by Judge Young.

 

[Petus@18]

We just received this message:

On behalf of Premier Notley, thank you for your email. I’m sorry to hear about the hardships this case is causing for you. I have shared your comments with the Premier, and with the ministry of justice for response.

Regards,

Sonya McAdam
Communications Advisor
Premier’s Correspondence
Communications and Public Engagement
Government of Alberta

 

[wagga2650]

May it be known to everyone that I am not Kirk Wankel nor am I affiliated with Northwynd and Northmont.

I am an timeshare owner who "paid to stay" and am current with my maintenance fees. I do not appreciate having to pay additional maintenance fees to cover for those who are in arears and to possibly pay for some of the legal costs associated with litigation process. Nor do I appreciate and do not agree with the litigants group opposition to the realignment of the resort, this is being obstructionist and mischievous.

The rude and personal remarks do not make your plight any easier to resolve. The matter is legal and factual and will be resolved by Judge Young.

Yeah right!!!if you are not Wankel you know a lot or you are not and if you paid to stay you will end up with no resort.Oh, wait a minute it is not a resort!!Also, you won't be paying any legal costs as we the sheep are paying 26% per year for you!

 

[Petus@18]

Re: Post #3148;
The houseboats, Kelowna timeshare, Hawaii timeshare, Belize timeshare were not exclusive to Fairmont (FRPL) Resort timeshare owners unless they were members of the Platinum Club.

Sunchaser timeshare owners have no say on how the developer does business; timeshare owners have an agreement for time, whether there are 5,000 villas or 12,500 villas in the resort. They do not have a proportionate interest in the real property.

The 2018 budget for the 2018 maintenance fee is based on approximately 4,852 timeshare weeks, not the full 12,500 timeshare weeks. The timeshare weeks of those owners who chose to cancel their contracts have been placed "off line". These weeks are not in use for the resort.

Your comments/opinions are of no interest to us, go back to "party city" in Fairmont and stop wasting our time.

 

[Tanny13]

May it be known to everyone that I am not Kirk Wankel nor am I affiliated with Northwynd and Northmont.

I am an timeshare owner who "paid to stay" and am current with my maintenance fees. I do not appreciate having to pay additional maintenance fees to cover for those who are in arears and to possibly pay for some of the legal costs associated with litigation process. Nor do I appreciate and do not agree with the litigants group opposition to the realignment of the resort, this is being obstructionist and mischievous.

The rude and personal remarks do not make your plight any easier to resolve. The matter is legal and factual and will be resolved by Judge Young.

You are not happy paying additional maintenance fees for those in arrears? Why are you? Why didn't Northmont just take those units back and resell them? Then those who wanted to leave would have, quietly, and those who wanted to stay could have continued to enjoy the property without any additional fees. You have no problem putting millions into Northmont's pockets (Kirk Wankel)? We are paying maintenance fees from the last 4 years and we've had no use of our timeshare. Perhaps if those who chose to pay and stay would step up and voice their displeasure, not with those of us who are being charged exorbitant fees just because we were trying to right a wrong, but with those in management who have totally taken advantage of ALL of us who bought a lease for time only, we would all be in a better place.

By the way, where did you get all this information that no one else seems to be privy to?

 

[torqued]

Just received a response from MG regarding an email I sent him as to whether I was still being represented by him or not. I rejected the settlement figures (option 1). He said an update for those of us who rejected the settlement would come out tonight and options for further representation from Barry Kings office?? Can’t stand the suspense!

 

[Tanny13]

Just received a response from MG regarding an email I sent him as to whether I was still being represented by him or not. I rejected the settlement figures (option 1). He said an update for those of us who rejected the settlement would come out tonight and options for further representation from Barry Kings office?? Can’t stand the suspense!

Don't hold your breath.

 

[dotbuhler]

I am not making any public conclusions or judgments on the legal counsel they are entering into an agreement with other than maybe this has something to do with wrapping up our groups litigation ASAP but I will let you make your own conclusion:

https://www.citheownersgroup.org/jra-info

https://gwynethedwards.com/ci/

"....Geldert Law has a proven track record of experience and passion for consumer protection related to timeshares..." Yeah, right! Suckers!!

 

[DisgustedinWA]

Had some friends from Michigan ask me to join them in a hunting club in BC. Fortunately, I was able to scare them off before they put any money in. Nobody I know is going to trust anything near BC. Burned once is enough.

 

[FairSun]

RE: Post #3145;
I'm not convinced that if the property was sold to someone other than Northmont that the situation would be any different than it is now. There are several instances where a resort was sold and the timeshare owners were faced with an extra assessment. Currently, ckeck out what happened when Intrawest sold Club Intrawest to Diamond resorts; the timeshare owners are not happy with how the club is being operated.

Interesting that the judge in the Intrawest case found that the timeshare "owners" had only a "right to occupancy" and not any ownership. I wonder if that judge would therefore find the Intrawest TS lease holders NOT responsible to pay for capital expenditures like our Building 7000 foundation repairs...

 

[Palms to pines]

TSWOW. Okay, you are a paid up owner that obviously has a good understanding that you, and also those of us in the legal dispute, only have an agreement to use time in the buildings. None have a property interest, only the developer has any say in how business is conducted on the resorts they own. It could be very helpful to us if you , and any other paid up “owners” that you are aware of, would make that known to the of the MLAs, Justice Minister, Danielle Smith etc. It could really help us out now and could be a benefit to you too at a later time.

 

[InShock]

And what happened to Platinum Club?

 

[FairSun]

Re: Post #3148;
The houseboats, Kelowna timeshare, Hawaii timeshare, Belize timeshare were not exclusive to Fairmont (FRPL) Resort timeshare owners unless they were members of the Platinum Club.

Sunchaser timeshare owners have no say on how the developer does business; timeshare owners have an agreement for time, whether there are 5,000 villas or 12,500 villas in the resort. They do not have a proportionate interest in the real property.

The 2018 budget for the 2018 maintenance fee is based on approximately 4,852 timeshare weeks, not the full 12,500 timeshare weeks. The timeshare weeks of those owners who chose to cancel their contracts have been placed "off line". These weeks are not in use for the resort.

"No proportionate interest in the real property" yet Northmont convinced BC judges that those of us who rent time at Sunchaser via our "right to use" contracts are on the hook for millions of dollars in capital expenditures that will increase the value of this resort when they put it up for sale!

 

[Been Around Awhile]

May it be known to everyone that I am not Kirk Wankel nor am I affiliated with Northwynd and Northmont.

I am an timeshare owner who "paid to stay" and am current with my maintenance fees. I do not appreciate having to pay additional maintenance fees to cover for those who are in arears and to possibly pay for some of the legal costs associated with litigation process. Nor do I appreciate and do not agree with the litigants group opposition to the realignment of the resort, this is being obstructionist and mischievous.

The rude and personal remarks do not make your plight any easier to resolve. The matter is legal and factual and will be resolved by Judge Young.

I don't appreciate your complicity and connivance in Northmont's many breaches of the lease agreement. I don't appreciate you blaming me for the shortfall in maintenance fees. I have one to pay. Northmont has many. They've been delinquent for decades probably. How obtuse to accept, "We aren't behind in paying maintenance fees. We haven't invoiced ourselves." (paraphrasing Kirk Wankel)

Mischevious? We didn't litigate to be mischevious. We litigated because of grievous harm resulting from Northmont's actions. The gravity of their reprehensible conduct is mounting.

Obstructionist? You make it sound like its a beneficial plan to all of the lessees. If it weren't beneficial to all lessees then it's a breach of the lease agreement. If it were beneficial to all the lessees where would Northmont house all of them? This was a plan to extort money from lessees, reduce their number and the size of the property.

Notice I called it property. You know why?

#NAFR

 

[Been Around Awhile]

New to the forum and a bi-annual gold member, trying to get my head wrapped around this “Sunchaser Bait and switch selling contract”

A question come up “Is Timeshare Ownership an Investment Product?” After some discussion, the conclusion is that the purchaser outlays funds for economic benefit, thus timeshare fits well within the definition of an investment product.

Are there other avenues of investment laws or acts in Canada we should also consider getting involved?

That is a darn good idea. Late to the table my friend but, a darn good idea. Wish certain legal counsel had thought like that two years ago.

 

[FairSun]

May it be known to everyone that I am not Kirk Wankel nor am I affiliated with Northwynd and Northmont.

I am an timeshare owner who "paid to stay" and am current with my maintenance fees. I do not appreciate having to pay additional maintenance fees to cover for those who are in arears and to possibly pay for some of the legal costs associated with litigation process. Nor do I appreciate and do not agree with the litigants group opposition to the realignment of the resort, this is being obstructionist and mischievous.

The rude and personal remarks do not make your plight any easier to resolve. The matter is legal and factual and will be resolved by Judge Young.

I'm glad you clarified that. I respect your right to pay the reno fee and to continue paying MF. Were legal fees not already included in the resort's annual budget in certain recent years? I've read that the resort does not command the 5-star exchange value it once did. Is this true?
My family loved both our stays at Fairmont/Sunchaser and exchanges to great sunny winter vacation spots. We were devastated to be denied use of our prepaid week as a result of protesting the special assessment RPF. We wanted to pay the annual MF and exchange our week, but Northmont refused unless we paid both the MF and reno fee. We understood our TS lease did not permit special assessments so we held solid to our position and continued our protest in the Courts. We never imagined a judge would determine that RPF was part of regular maintenance and thus we had to pay it.
We never missed paying a bill ever before this. The cost - financially, emotionally and physically - to take this stand and fight has been enormous. We are now retired so the hit is even more damaging to us.

 

[Huckleberry]

May it be known to everyone that I am not Kirk Wankel nor am I affiliated with Northwynd and Northmont.

I am an timeshare owner who "paid to stay" and am current with my maintenance fees. I do not appreciate having to pay additional maintenance fees to cover for those who are in arears and to possibly pay for some of the legal costs associated with litigation process. Nor do I appreciate and do not agree with the litigants group opposition to the realignment of the resort, this is being obstructionist and mischievous.

The rude and personal remarks do not make your plight any easier to resolve. The matter is legal and factual and will be resolved by Judge Young.

You know, although you are completely soulless I actually had respect for you. The way you had a plan and executed it so well and made the other Lawyer look like a drooling gimp in court was impressive. Then you start posting in here. And I just have to do a facepalm.