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

condomama

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Global Calgary has picked up the story on tonight's newscast, not sure which one.....
 

expat

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I think i represent a lot of owners who would be happy to file this Form 67 but are not sure what to write. I have downloaded the form. Can someone please help with what we should fill out for #'s 6 through 8? Thank you so much.
 

CindyD

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Global Calgary News Story

CALGARY- Timeshare owners at the Sunchaser Villas in Fairmont B.C. were taken by surprise when they were billed for repairs at the resort.

Glenn and Terry Graversen of Calgary have had a two-week timeshare at Sunchaser Villas for the past 16 years.

They now have to pay $4,000 for renovations to the villas or as an alternative, pay $3,000 to cancel their contract.

The vacation villas at Fairmont went bankrupt several years ago and the new owner says the assessment is necessary because maintenance had been neglected for years.

But the Graversens say this isn’t what they signed up for. The couple says they have paid maintenance fees every year and it isn’t their fault the previous owners of the resort let maintenance slide.




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“My concern is that they purchased it and now they’re making us pay for their mistake of purchasing a property that wasn’t worth what they paid for,” says Terry Graversen.

The new company running Sunchaser says timeshare members weren’t charged enough for upkeep in the past, and without this renovation, they stand to lose their investment.

“We believe the owners probably should have been charged about $300 to $400 a year more for the last 15 years to properly address the maintenance of the resort,” says Kirk Wankel of Northwynd Resort Properties.

The company says most of the money will be be used to replace the Poly-B piping throughout the resort. The plastic piping has been banned because it leaks.

Timeshare members in Alberta and B.C. have hired lawyers to fight the case.

They will be in court next month.
 

browger

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I am mad!

I am mad, and feel like crying. I just heard about a 'senior lady, husband very ill' who just sold her car to come up with the money to 'get out'. She is old and doesn't want a fight.

Well, now, I want a fight. I plea with all of you to go to social media. Write something in Facebook, get your kids to post it and 'share'.

I 'personally' took out my own ad in the local newspaper a week ago and asked for people to contact me. Thanks to one particular lady (that has now sought a lawyer), she told me about Tug. I knew nothing about it!

Thank you Tug website for helping get my message out and out to many others.

We have signed with a lawyer in Vancouver. She (Lindsay LeBlanc). She was wonderful........just send me info., and send the rest later. It isn't too late.

If you as a group thing this is a bad idea to post something, please tell me, before I do it. I will wait a few hours.

Thanks
 

stan Smith

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I am mad, and feel like crying. I just heard about a 'senior lady, husband very ill' who just sold her car to come up with the money to 'get out'. She is old and doesn't want a fight.

Well, now, I want a fight. I plea with all of you to go to social media. Write something in Facebook, get your kids to post it and 'share'.

I 'personally' took out my own ad in the local newspaper a week ago and asked for people to contact me. Thanks to one particular lady (that has now sought a lawyer), she told me about Tug. I knew nothing about it!

Thank you Tug website for helping get my message out and out to many others.

We have signed with a lawyer in Vancouver. She (Lindsay LeBlanc). She was wonderful........just send me info., and send the rest later. It isn't too late.

If you as a group thing this is a bad idea to post something, please tell me, before I do it. I will wait a few hours.

Thanks
It is a good idea to post your thoughts, feelings and suggestions. The cure to this situation is to expose it for what it is and to fight it in whatever is necessary. Don't be intimidated by Northwynd. they are in the wrong, we are in the right.
 

CindyD

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I am mad, and feel like crying. I just heard about a 'senior lady, husband very ill' who just sold her car to come up with the money to 'get out'. She is old and doesn't want a fight.

Well, now, I want a fight. I plea with all of you to go to social media. Write something in Facebook, get your kids to post it and 'share'.

I 'personally' took out my own ad in the local newspaper a week ago and asked for people to contact me. Thanks to one particular lady (that has now sought a lawyer), she told me about Tug. I knew nothing about it!

Thank you Tug website for helping get my message out and out to many others.

We have signed with a lawyer in Vancouver. She (Lindsay LeBlanc). She was wonderful........just send me info., and send the rest later. It isn't too late.

If you as a group thing this is a bad idea to post something, please tell me, before I do it. I will wait a few hours.

Thanks

I have gone on the Global BC facebook and posted the Global Calgary story, I have also sent info to Fifth Estate, W5, Vancouver Sun, The Province and the Times Colonist
 
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Quadmaniac

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Marriott Willow Ridge (x2), Ko Olina week 51 (x3) & 52(x2)
I had originally emailed Global Calgary to do a story on it and this was the reply I sent to Tony in regards to the "angle" of the story:

Hi Tony

I appreciate you investigating this issue but I think the angle in which Northwynd has responded is a total snow job.

As with the calculations I made below - $4200 x 50 weeks is $210,000 (This is allowing for 2 weeks to be unaccounted for yet). You can go out and buy a 1200 sq ft condo for $200,000 in smaller communities without a problem and that includes the cost of the land and profit for a condo builder. Let's assume that Northwynd is being truthful about the pipes needing to be replaced (there is a 15% management fee built in, so 85% of $210,000 = $178,500), it's going to cost about $178,500 to replace pipes ? Does that not sound excessive from doing the simple math ? How much were these timeshares to build in the first place not including the land ? I'm sure it did not cost them $200,000 for building costs alone.

This is the other thing that does not make sense : there is a separate part of the Fairmont resorts that are not part of Northwynd, called Fairmont Mountainside - these units I believe were the first to be built by Fairmont and are managed by a different company than Northwynd. Their maintenance is LOWER and there is no plans for a major overhaul. Riverside, Riverview and Hillside were built after Mountainside by the same developer. If these problems exist to the extent that they are claiming, I would expect the following :

1) Mountainside would need the same renovations
2) Mountainside's maintenance fees would be closer to ours, but they are in fact lower every year
3) How does Mountainside manage with lower maintenance fees every year and we were supposed to pay 300-400 more per yr as Northwynd claims, yet our buildings are in financial difficulty ?
4) The quality of construction to be generally the same/similar in all four developments.

These four sections / buildings are all part of the same resort, how can one run so well on lower fees and no renovation overhaul but the other three are in shambles ? If they need such a huge renovation, would we not expect the resort to be in very non-livable conditions if $178,500 in renovations is required ? I personally have not been to the resort, but if the resort was in THAT POOR OF CONDITIONS, how do we not have complaints from those staying at the timeshare ? Shouldn't there be a flood of complaints that the place is run down and needs a major overhaul ?

Please note that in our year maintenance fees there is a build in reserve fund of 15% that they collected every year, so how can it be that so much is needed ?

The release fee is not something that is part of the original contract of purchase people signed. In fact, all of them state that if they are 16 months behind in payments, it is deemed that the owner has sold it back the to resold at a fraction of the price. It does not state anywhere that an owner must pay a fee. If you surrender the unit, the unit would be removed from the timeshare trust and NOT renovated - so what happens to the unit and land ? It becomes the property of Northwynd and what do you suppose they are going to do with it ? Fix it up and sell it as a condo probably with a fraction of the money from the renovation fee. $3300 x 50 = $165,0000. I think that will be easily done for less than 5 % of that cost for what each unit may need.

Anyways, I think Northwynd has spun this to whitewash the real facts. I am not in construction, but the numbers don't add up to me.

If you would reconsider the angle with an update after further investigating, that would be appreciated as all of these facts can be easily verified.

Thank you

On 2013-05-27, at 3:57 PM, Tony Tighe wrote:

I am doing a news story about this.
Please send me a phone number so we can talk.


Tony Tighe |Consumer Reporter/Global TV | (403) 861-8129
tony.tighe@globalnews.ca
222-23rd St NE |Calgary, Alberta |T2E 7N2|



-----Original Message-----

Sent: Monday, May 13, 2013 5:05 PM
To: CICT News Tips
Subject: Timeshare Fraud ?

Hello

I was wondering if your station could do a story on timeshare fraud ? Currently there is a situation with Sunchaser Villas in Fairmont BC where the management company Northwynd is trying to give every deed owner a special assessment of $4200 per week for renovations that they are "planning" to do on the resort. On a simple math basis -

$4200 x 50 weeks = $210,000 to renovate a 2 br unit (approx 1200 sq ft ?)

The amount seems excessive and at this amount, you can re-build the whole complex from scratch. Owners are not being given a choice and they are being forced to pay this or pay $3200 and you can walk away from your deed. For those surrendering their units, Northwynd plans on applying to the BC Supreme Court to change the terms of the contracts that allows them to remove units from the resort and make it smaller. It seems that if they can get enough to surrender their units, they can still use the $3200 per week to do some minor renovations and try to sell the units individually or create another timeshare possibly.

Many of the owners paid anywhere from $15,000-$35,000 for their units in the first place plus yearly maintenance which is about $950 per year (this includes a reserve fund already). There is no provision in the contracts for a renovation as they are contemplating.

The issue is that they have done this before and run off with the money leaving many timeshare owners with nothing :

http://www.tripadvisor.com/ShowTopi...as-Puerto_Vallarta_Pacific_Coast.html#6019510
http://www.redweek.com/forums/messages?thread_id=17251
http://www.complaintsboard.com/complaints/rancho-banderas-c3151.html

There is a huge discussion thread about the renovations and a class action suit :

http://www.tugbbs.com/forums/showthread.php?t=182857

Here is the Sunchaser site detailing the renovation project

http://sunchaservillas.ca/renovation-program/

Do you think this is something Global would look into a bit more closely ?

Thank you
 

mmchili

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Thousands of timeshare owners face unexpected repair bill
By Tony Tighe Global News May 28,2013

CALGARY- Timeshare owners at the Sunchaser Villas in Fairmont B.C. were taken by surprise when they were billed for repairs at the resort.

Glenn and Terry Graversen of Calgary have had a two-week timeshare at Sunchaser Villas for the past 16 years.

They now have to pay $4,000 for renovations to the villas or as an alternative, pay $3,000 to cancel their contract.

The vacation villas at Fairmont went bankrupt several years ago and the new owner says the assessment is necessary because maintenance had been neglected for years.

But the Graversens say this isn’t what they signed up for. The couple says they have paid maintenance fees every year and it isn’t their fault the previous owners of the resort let maintenance slide.

“My concern is that they purchased it and now they’re making us pay for their mistake of purchasing a property that wasn’t worth what they paid for,” says Terry Graversen.

The new company running Sunchaser says timeshare members weren’t charged enough for upkeep in the past, and without this renovation, they stand to lose their investment.

“We believe the owners probably should have been charged about $300 to $400 a year more for the last 15 years to properly address the maintenance of the resort,” says Kirk Wankel of Northwynd Resort Properties.

The company says most of the money will be be used to replace the Poly-B piping throughout the resort. The plastic piping has been banned because it leaks.

Timeshare members in Alberta and B.C. have hired lawyers to fight the case.
 

fairmontlvr

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december 7, 2011 sunchaser letter

going through some of my letters from sunchaser , i came across a letter dated Dec 7, 2011. This letter talks about some of the challenges facing Sunchaser, and how the new owners are committed to improving operations.

There are some very intersting points in this letter.

in regards to maintence fees and i will quote

"The maintenance fee increase for 2012 is 5.6%. This is marginally above the increase in the consumer pirce index which was 3.2% to the end of September 2011. While we apprediate that any increase in fee is not desirable especially in the current economic climate, we believe this increase is very reasonable given the history of the resort.

Unfortunately, past management created budgets with significant errors and omissions that posed major challenges for RVM. It has taken significant time and energy to reduce costs heading into 2012 as a status quo budget correcting past errors would hae resulted in a completly unacceptable 19% increase in maintenance fees. To bring costs in line we have reduced our staffing complement by approximately 15% and are focused on improved efficeiency, space utilization and costs. At the same time, we continue to strive to porvide the service excellence that our owners expect. More importnantly, we are fostering a culture of accountability and financial responsibility as we recognize that we must operate the resort within the fees that we generate."

does that last sentence not clearly state they are committed to operate within their means, within the maintenance fees they take in. Also by their own admission, a 19% increase is completely unacceptable, yet a one time fee in excess of 400% is???

Further to this also in the same letter dated December 7,2011 under Refurbishment and i will again quote:
"3) Long term plan: We are currently in the process of a complete site review for maintenance and refurbishment. As the review progresses, we hope to engage you for feedback. Once the review is complete, we will create a detailed five year plan for the resort. The plan will be forwarded to all of our owners at that time"

i don't recall any opportunity for feedback.
 

Casper1959

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Docken Klym litigation

I have been reading this thread for days and thanks all for the information. So much to learn in such a short period of time and the deadline looms over us all. We decided to join the Calgary group with Docken Klym and paid the $500 retainer. I talked to Robert Forsyth and felt much better about our decision after talking to him. He called it a litigation, not a class action at this time.
Something to note is that the retainer goes into a fund and this is used to pay for the fees of Docken Klym and any funds remaining in this "fund" at the completion of the litigation will be disbursed back to the members of the group. My understanding is that the deadline to sign up with Docken Klym and have them file the form 67 is today (May 29) at 4:00 but people can still join the group after that point. There is strength in numbers and I know that to many $500 is a lot of money and it may feel like throwing good money after bad but at this point I feel that we need to have legal assistance.
 

Undecided

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Lawyer communication...

Just curios if the lawyers are actually "talking" to the people that have retained them or are they simply communicating by A general email. I understand they they are swamped but I haven't been able to talk to anyone except the receptionist. I would hope they send a copy of any documents they file on behalf of the owners to the owners who have retained them.
 

disillusioned

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Looks like they have fulfilled certain obligations

This was an email that was sent to all owners Nov 11, 2011

Fall 2011 Survey Reminder
Greetings from Resort Villa Management.

Our records indicate that you have a timeshare lease at Sunchaser Vacation Villas in Fairmont Hot Springs.

This is a reminder that we would appreciate hearing from you in response to the Fall Newsletter and Survey that we recently sent. We are asking for your opinion on several topics.

The areas of interest include:
• Your views on pet-friendly units.
• The formation of a Home Owners Association.
• Possible revenue streams to help meet operational costs.
• and a number of other topics of interest.

We ask for about 5 minutes of your time to go through the 20 statements and questions on this survey so that we may better understand your expectations and opinions. Your answers serve to guide us in decision making and identifying specific issues that need attention.

Your responses are anonymous and confidential. If you have any questions or concerns about the survey, please contact the Sunchaser Villas Front Desk at 250-345-4545.

The survey close date is December 4, 2011. Thank-you in advance for your participation. If you have already completed the survey, please disregard this request.
(Please Note: the survey website is down for scheduled maintenance on Tuesday, November 22, 2011 from 7:00pm to 1:00am)

Proceed to survey.
 

browger

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Att: Undecided

Just curios if the lawyers are actually "talking" to the people that have retained them or are they simply communicating by A general email. I understand they they are swamped but I haven't been able to talk to anyone except the receptionist. I would hope they send a copy of any documents they file on behalf of the owners to the owners who have retained them.


We were wondering the same thing, they are swamped, but we did sign up on Saturday and received a note that to confirm they received our info. yesterday, and a general e-mail to follow.
 

LarryEdmonton

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Points Converters?

It appears that those that moved to Points with RIC are exempt from the Maintenance charges.

True of False?
 

TUGBrian

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morena

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letter

going through some of my letters from sunchaser , i came across a letter dated Dec 7, 2011. This letter talks about some of the challenges facing Sunchaser, and how the new owners are committed to improving operations.

There are some very intersting points in this letter.

in regards to maintence fees and i will quote

"The maintenance fee increase for 2012 is 5.6%. This is marginally above the increase in the consumer pirce index which was 3.2% to the end of September 2011. While we apprediate that any increase in fee is not desirable especially in the current economic climate, we believe this increase is very reasonable given the history of the resort.

Unfortunately, past management created budgets with significant errors and omissions that posed major challenges for RVM. It has taken significant time and energy to reduce costs heading into 2012 as a status quo budget correcting past errors would hae resulted in a completly unacceptable 19% increase in maintenance fees. To bring costs in line we have reduced our staffing complement by approximately 15% and are focused on improved efficeiency, space utilization and costs. At the same time, we continue to strive to porvide the service excellence that our owners expect. More importnantly, we are fostering a culture of accountability and financial responsibility as we recognize that we must operate the resort within the fees that we generate."

does that last sentence not clearly state they are committed to operate within their means, within the maintenance fees they take in. Also by their own admission, a 19% increase is completely unacceptable, yet a one time fee in excess of 400% is???

Further to this also in the same letter dated December 7,2011 under Refurbishment and i will again quote:
"3) Long term plan: We are currently in the process of a complete site review for maintenance and refurbishment. As the review progresses, we hope to engage you for feedback. Once the review is complete, we will create a detailed five year plan for the resort. The plan will be forwarded to all of our owners at that time"

i don't recall any opportunity for feedback.

Could you please scan in a copy of this letter? I would like to use it as backup for my affidavit and I am not sure I have a copy of it. Thanks
 

gnorth16

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Disappointed in Global's representation on this. Yes, it got the word out, but didn't scratch the surface of what is really going on. They should have talked about the "ballpark" of 38-50 million and the 15% that will line Northwynd's pockets.

The land up against the river is absolutely beautiful and i'm sure they would be happy to take out as many TS's with the cancellation clause and turn them into condos (reno's or tear downs).

This needs to go to the Fifth Estate or an investigative type show. Regular news won't cover this with the proper detail in 2 minutes.
 

mmchili

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NEWS & INFORMATION FROM SUNCHASER VACATION VILLAS April 2012

""Fall Survey Results
Last fall we sent out a survey to ask for your opinion on several topics. The areas of interest included:
• Your views on pet-friendly units.
• The formation of a Home Owners Association.
• Possible revenue streams to help meet operational costs.
• and a number of other topics of interest.
There was an excellent response rate. We received 3,310 responses and over 1,000 comments were contributed. The survey results have been tabulated and the comments have been summarized into several broad themes within the report.""

Interesting; only 3,310 responses from 14,500 owners.

HOA Survey Question ,
""I believe that establishing a Home Owners Association (HOA) is a positive step for
improved communications between the lease holders, the management company and the
developer. (Recognizing that the associated costs (email, postage, etc.) would have to be
covered by annual maintenance fees.)""

There were 3,235 responses to the HOA question; 135 strongly agreed, 695 agreed, 1293 neutral, 658 disagreed, 454 strongly disagreed.

I wonder what the response would be today?
 

morena

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Affidavits

I cannot get a consistent answer as to whether or not an affidavit must be filed with the initial response to Petition Form 67. This seems to be a separate document and Vancouver court acted like it wasn't necessary. Does anyone know the answer to this for sure? Thanks as we are running out of time to respond.

I received the answer to my own question. You do not have to file an affidavit at the same time that you file your Form 67. I just left #6 blank and I will file an affidavit later, if necessary. Affidavits cannot be faxed or e-mailed. They have to be mailed or delivered to the Vancouver Court.
 
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morena

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Better Business Bureau

You can go to the Better Business Bureau associated with Calgary and file a complaint online. Northwynd already has a D- rating. The more people that file a complaint with them the better. I believe it will help our case down the line.
 

DaveO

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Email this if you are an owner!!

It has been suggested that all owners send the email noted below to Resort Villa Management (as long as you are comfortable in doing so).

We suspect that Petitioner and Respondent will be arguing that because some owners managed to file a response before May 31st that this is an indication that everyone had sufficient time to do so.

In order to provide the owners with a viable argument in rebuttal, a wave of emails from as many owners as possible would be of great value going forward (even if they have filed and served their Response). We want to have as many people who are willing do this in advance of May 31st.

They can do so by sending an email to the lawyers of record for both Trustee and Northmont:

Respondent (Northmont) / Judson E. Virtue: jud.virtue@nortonrose.com
RVM Email Address: resortvillamanagement@northwynd.ca
Petitioner (Trustee) / Warren B. Milman: wmilman@mccarthy.ca
ScumBag Northwynd CEO: kwankel@northwynd.ca

Copy and paste the following to the email:

As an Owner of a timeshare at Sunchaser Vacation Villas at Riverside, Hillside and Riverview in Fairmont BC that is affected by the Petition between Philip K. Matkin Professional Corporation and Northmont Resort properties Ltd., I/We hereby request: and provide notice:

1) That the hearing be adjourned to a later date to allow more owners to prepare for it;
2) That the current amount of time scheduled for the hearing is not sufficient to allow the owners to make their submissions before the court;
3) That their May 31st deadline to file Form 67 with their affidavit has not allowed them sufficient time to hire a lawyer and ensure that their submissions are complete;
4) That the “Freedom to Choose, Reason to Stay” letter has effectively put the owners under duress with respect and has not allowed owners to make a fair and reasoned decision.
 
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