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

[Undecided]

Clarification needed please

I retained the Geldert Law Firm to represent my case in the dispute with Northwynd's unfounded demand for fees. I've been a bi-annual owner for 19 years. I encourage others to join the suit with the Calgary Firm listed in other posts or the Geldert Law Firm - to at least understand your contract and your rights.

This was the letter I received tonight from Geldert Law Firm with the results of the court appearance today:
___________________________________________________________________________________________________________________

In Supreme Court this morning, in negotiation with Warren Milman (lawyer for the Trustee/Petitioner), Jud Virtue (lawyer for Northmont/Respondent), Kellie Hamilton for her clients and myself for mine, and on behalf of all owners affected, we were able to secure an agreement to have a consent order filed today that removes the deadline for owners to file a response by May 31, 2013.

Please find attached the Order of Master McCallum varying the Order of Master Scarth. I note that Respondent will be making this available shortly on their website but that you are also free to circulate this among the community of owners at your discretion to ensure the following is clear:

WHAT THIS MEANS /

1. The attached Order changes the previous Order of Master Scarth in the following manner:

a. Owners, or their lawyers, no longer have to file their Response to the Petition by May 31st, 2013.

b. The Court will decide on June 20th, 2013, what deadline the Owners shall have to file their Response and supporting materials.

c. The June 20th hearing shall now be used to resolve procedural issues as between the interested parties and to determine how the within issues are to be scheduled and heard. There will not be a decision made on the Petition on June 20th.

d. I will be appearing on your behalf on June 20th, 2013, to make submissions. I will be in touch with you before this hearing to discuss what I will need from you at the appropriate time.

2. This Order does not in any way obviate the need for each owner to make a written reply to the “Freedom to Choose, Reason to Stay” letter (the “Letter”) they received from Resort Villa Management Ltd. (“RVM”). I note that I will be writing RVM on your behalf tomorrow morning and will email you with a copy of the letter I send to them.

3. Each owner now has additional time to gather relevant documentation that can be used to corroborate their affidavit evidence and to ensure nothing is missed. It also provides the owners, and each of them, with additional time to reach out to the community of owners online to ensure that every own is made aware of what their rights are, what is being done and what they can do about it.


My regards,
Michael Geldert, B.A, LL.B, LL.L, Esq.
T: 778.330.7775 | F:778.330.7774 | W: www.geldertlaw..com
2704A - 930 Seymour, Vancouver, British Columbia, V6B 1B4

What does

2. This Order does not in any way obviate the need for each owner to make a written reply to the “Freedom to Choose, Reason to Stay” letter (the “Letter”) they received from Resort Villa Management Ltd. (“RVM”). I note that I will be writing RVM on your behalf tomorrow morning and will email you with a copy of the letter I send to them.

mean?

Does that mean that whatever date is decided on June 20th by the courts is the date that the response needs to be sent to Northwynd with either stay or go?

So right now, only the date to respond has been extended? Am I correct in understanding that?

And does this apply to all timeshare owners opposed to just those that retained Kellie Hamilton or Michael Geldert?

Please clarify. Thanks.

 

[disillusioned]

My prospectus, given at the time of purchase, says that we can remove the Manager if we have 51% of leaseholders sign to have him go and we provide a new manager.

 

[SAHD_rocks]

Does the written reply to the “Freedom to Choose, Reason to Stay” letter (the “Letter”) need to include a selection for either of the choices or is it a written reply acknowledging the receipt of the letter? I am very uncomfortable at this point making a choice. I do not want to sign anything now without a lawyer looking at it but unfortunately that will not happen tomorrow. I am just sick learning about all of this over the last few days. I originally bought into the case for the renovation fee and was ready to pay, but after going through all 19 pages of this forum, my feeling this is one last cash grab before the whole thing collapses and we loose everything.

 

[truthr]

Now that we have more time hopefully we can get more information/instruction from the respective legal firms already involved.

Maybe one or more of them could post a little something here to let us know who is accepting more clients. What their retainer fee is and how we should proceed to retain them.

 

[SAHD_rocks]

I see the Sunchaser Villas webpage is reporting a fire in the rec center the other night. What is this going to cost us now?

On the night of May 27th, the Sunchaser Vacation Villas recreation centre experienced a fire. While no guests or staff were injured in the fire, the building did sustain damage on the lower floor significant enough to require cleaning by an industrial company trained to handle these types of situations. For the last couple of evenings, we have needed to close the rec centre to allow for the company handling the clean-up to work on cleaning the air in the building. Currently, the main level of the recreation centre is open with the exception of the pool area. We hope to re-open the indoor pool at some point today (May 30th) if all goes well, now that electricity has been restored to the heating and circulation systems to the pool. All of these systems need to be operational for a sufficient amount of time to allow for a reasonable temperature, chemical balance and proper water circulation. As soon as this has been achieved, we will re-open the pool area as well. The bottom floor where the gym and craft room are located remains closed as more extensive clean up and repair take place.

 

[fairmontlvr]

This summer?

I wonder what this will mean for all us that opposed the gun to the head deadline that Northwynd had imposed on us? For those of us that faithfully paid our maintenance fee a full year in advance last summer to book for this summer. I cannot see how they can refuse our right to use our time this summer while this gets settled in the courts.

 

[truthr]

I see the Sunchaser Villas webpage is reporting a fire in the rec center the other night. What is this going to cost us now?

On the night of May 27th, the Sunchaser Vacation Villas recreation centre experienced a fire. While no guests or staff were injured in the fire, the building did sustain damage on the lower floor significant enough to require cleaning by an industrial company trained to handle these types of situations. For the last couple of evenings, we have needed to close the rec centre to allow for the company handling the clean-up to work on cleaning the air in the building. Currently, the main level of the recreation centre is open with the exception of the pool area. We hope to re-open the indoor pool at some point today (May 30th) if all goes well, now that electricity has been restored to the heating and circulation systems to the pool. All of these systems need to be operational for a sufficient amount of time to allow for a reasonable temperature, chemical balance and proper water circulation. As soon as this has been achieved, we will re-open the pool area as well. The bottom floor where the gym and craft room are located remains closed as more extensive clean up and repair take place.

Insurance should cover that. That is, as long as they have paid the premiums.

 

[Brit76]

Can someone provide a link to this new order that has been mentioned? I haven't got anything official from the lawyer I retained!!!!!!!

 

[pdoff]

. Hello Mr. & Mrs. Joe & Jane Northwynd,

We realize that you are monitoring this site. It is May 31st. There are probably well over a thousand people signed up in groups with several lawyers and a stay of execution for the May 31 deadline for signing up for the court date.
How about backing off, returning ill gotten funds to nervous Seniors and saving what is left of your reputation!

 

[renoman]

Can someone provide a link to this new order that has been mentioned? I haven't got anything official from the lawyer I retained!!!!!!!

I can also find no link to the judgement. Any ideas anyone ?

 

[Spark1]

. Hello Mr. & Mrs. Joe & Jane Northwynd,

We realize that you are monitoring this site. It is May 31st. There are probably well over a thousand people signed up in groups with several lawyers and a stay of execution for the May 31 deadline for signing up for the court date.
How about backing off, returning ill gotten funds to nervous Seniors and saving what is left of your reputation!

I am now calculating how much time i will be loosing because of Northwynds greed and i will be mailing this to them registered mail. I will be charging them 2% for each month that they are in default of payment. This will continue until this problem is resolved.

 

[ferrier1]

ferrier1

All that are not paying the fees by the deadline must simply send Northwynd a note telling them so, and that you are joining a litigation group.

 

[TS Migraine]

Thanks oneworldonerace. I haven't yet heard from Docken Klym in Calgary, but I suspect they represented some of the 700 your lawyer refers to. I am so glad I took my sister's advice and searched the internet for info on Fairmont last week! Thanks TUG for being here. I agree that our best hope is to speak with one voice, and insist that what we originally agreed to when we signed our Lease agreements, however many years ago, is still what we expect to get and give as Time Share owners. I reiterate, just like an acquisition or merger of an Insurance Company, if a new Company buys the Co. with which you have an insurance policy, the new Co. has to honour your Insurance agreement with the Original Company. They buy the assets and the liabilities. Those of us who reliably paid our maintenance fee and inflicted no damage to the property should have been considered a VALUABLE part of their business - we don't deserve abuse and coercion with a money grab. I am pleased to learn the May 31st deadline to stay or go is defunct. I expect our lawyers will consult us and come up with the appropriate 'affidavits' now, and this extension will give ALL owners more time to hop on board the Class Action Suit. THANKS AGAIN TUG for being here, and allowing us to connect with each other and collectively compare notes- much appreciated.

 

[gilker]

Fees?

I am wondering are all maintenance fees the same? Our fees for 2013 are $949.88. I'm wondering if I've overpaid over the years. If the fees are all the same that means each unit would bring in over $40,000 a year. Surely that's enough to keep it running.

 

[TS Migraine]

Undecided, I interpret this reply letter to RVM to mean that legally we are still obligated to reply, BUT if we have retained legal counsel, we take their counsel, and let THEM write the letter on our behalf. I am sure the 4 points I neglected to bring home with me from DockenKlym's office will be the crux of the letter from Docken Klym on our behalf, and that like Geldert's clients, Docken Klym's clients will get a copy of the letter drafted to RVM on our bejhalf. I presume Docken Klym, Geldert, and every other law firm hired by Fairmont owners to represent them, will confer with each other about what goes into this letter. If you don't have a lawyer, either get on board, or write the letter now.

 

[CleoB]

I am wondering are all maintenance fees the same? Our fees for 2013 are $949.88. I'm wondering if I've overpaid over the years. If the fees are all the same that means each unit would bring in over $40,000 a year. Surely that's enough to keep it running.

That is exactly the amount we paid. Unfortunately we paid last year so we could book for September of this year. Looks like we won't be able to use it.

 

[CleoB]

Thank you, Thank you, Thank you to everyone who has been a part of this thread.

We just received our "package" last night and were overwhelmed by the contents. Our initial reaction was to just pay to get out and be done with the whole time share thing.

But then - I googled and found this place and read and read until I just couldn't read anymore. :zzz:

Got up this morning and read some more. Wanted to respond, but thought I had to pay to join the site.

But then just a few minutes ago whilst clicking on more buttons - I discovered I could join without having to give anyone a credit card :whoopie:

So relieved.

Thanks for the info. I've been reading this forum and wasn't aware that I could join for free. I've been following posts on Facebook under Sunchaser Northwynd Class Action Lawsuit.

 

[TS Migraine]

I am wondering are all maintenance fees the same? Our fees for 2013 are $949.88. I'm wondering if I've overpaid over the years. If the fees are all the same that means each unit would bring in over $40,000 a year. Surely that's enough to keep it running.

Hi Gilker et al,
I paid $951.76 on February 5th, 2013. There is a code T-741763 that accounts for my $1.88 more than you paid??? Something to do with being a GOBO maybe? My original email complaint to RVM when I read the Stay or Go letter included disgruntlement about receiving this invoice so hot on the heels of my bi-annual maintenance fees. I had no idea in February, when I gulped at the cost , but willingly paid my maintenance, what was in the works with this Stay or Go Coercion. I originally wanted to pay the Stay fee and carry on as we did for the first 20 years:annoyed:. Now I just want to deposit my time, go somewhere else, and wait to see if we can effectively ditch this Management Company. Thanks to TUG, we might amass a 51% of owners to overthrow the existing Management. Anyone out there know a reputable time share manager with integrity? I suspect our present disastrous MANAGEMENT will make it hard to "exchange" Sunchaser with other well managed resorts going forward. Maybe I can't deposit with II becaue they will have nothing more to do with this corrupt management company???? Anybody try to deposit their paid for time or book an exchange recently??

 

[Fly525]

Thanks "oneworldonerace" for sharing the Geldert letter. That addresses the June 20th deadline. Do you or anyone else know if this will allow us to defer our "Freedom to Choose/Reason to Stay" decision beyond May 31, 2013? If so, what is the process for achieving that?

 

[Fly525]

Freedom to Choose

I have 2 Biennial leases and 1 Annual lease. Northwynd is requesting a total of $6440.03 to cancel the 3 leases, claiming that as a percentage of future costs, this amount is just over 11%.

What seems most incredible to me is that $4816.80 (73%) of the demanded "Cancellation Fees" is to pay for "lost property management fees." I'm wondering how they can charge me to manage leases for the next 20 years when those leases will apparently be cancelled upon my payment of their requested fees?

The other items that make up the requested "Cancellation Fee" while not legally required according to my previously signed leases, are at least understandable. Future "lost management fees" are not even comprehensible.

 

[TS Migraine]

Fly25, the original way to avoid choosing stay or go was to file Form 67 with the BC court and send in an affidavit with your refusal to forfeit your original Lease Agreement by May 31st. Now that the issue is in front of the court, and the May 31st deadline has been extended, you have more time to file Form 67, and send in an affidavit with your concerns, but as I understand it, you should no longer have to choose to either stay or go until the Court decides whether or not RVM has the authority to demand that of us. If you are part of a Class Action suit or with a private lawyer, they should do all this for you. It is my expectation that the Class Action Law suit's purpose is to overthrow the RVM right to make these outrageous demands for our money AND our decisions to stay or go -by any deadline. We are fighting for our rights as originally agreed to in our purchased Lease agreements. We should not have to choose to stay, go, or pay anything asked for in the "LETTER", until we find out what comes of the court proceedings.

 

[TS Migraine]

Fly 25, If you have THREE Lease agreements, I think hopping on board the Class Action with Docken Klym would be your most cost-effective way to handle this mess. You are like three clients in one, and I would hope only one retainer fee of 500 dollars would be required of you. You get three, three, three suits in ONE! And you don't have to pay anything, or choose to stay or go on any of the three Leases while this thing is in the courts. Check back a few pages of this thread to obtain the Docken Klym contact email (rob@dockenklym.com- I think) and ask them if infact you will get a three Lease representation for One retainer fee? I say, that would be the deal of the week. ;-)

 

[LookingForAnswers]

Thanks "oneworldonerace" for sharing the Geldert letter. That addresses the June 20th deadline. Do you or anyone else know if this will allow us to defer our "Freedom to Choose/Reason to Stay" decision beyond May 31, 2013? If so, what is the process for achieving that?

The way I understand it is that you don't have to choose to stay or to go... We sent our letter yesterday, venting our concerns then summed up our letter this way:

In summary, at this time, we are not prepared to pay money to give our units back to the Developers; nor are we willing to pay renovation fees before an actual determination of what is to be renovated and what of this is legal to pass on to the time share owners. So, please be advised that we are using our Freedom of Choice, to wait for the decision of the court on June 20th regarding Northmont's April 16, 2013 petition to the court.

We doubt they will even read our letter.... I think they are just opening the mail looking for money at this point. But we sent our letter express post (with a tracking number) so that we can at least prove we sent it if need be.

If we don't send the letter, I suspect Northmont, Northwynd, or whatever they are calling themselves, will claim that a non-response time share owner is not objecting to the two options presented. Really, in my opinion, it appears that they don't care which of the two options we take.... but if we make it clear we aren't going for their demands - they can't use our "vote" of acceptance of their petition to change our contracts.

So in the very least, each time share owner NEEDS to reply to the demands of Northmont with a response. Either to accept their offer or to advise them that their offer is not acceptable to you.

Bottom line: If you want to personally help fund the managers/developers with money to make Sunchasers a 5 star resort again again - then pick one of their options.... simple. Only other choice left, regardless of whether you want the resort renovated at the expense of the developers only (not the time share owners), the resort to continue running as it has been, or for the resort to collapse.... send your letter (get it stamped at the post office with the May 31st date) or send an e-mail before midnight May 31 (Mountain Time Zone - same as Calgary time zone NOT Vancouver time zone) stating you are holding your decision, awaiting the court ruling on this matter.

 

[Hey lady]

Trade/Deposit

I have 3 different memberships with RCI. One to deposit Lake Okanagan, one to deposit Legacy for life and one for a timeshare with Wyndham, and a membership with Interval.
I have 3 weeks on deposit with Interval. Recently tried to "test" an exchange for Mexico for June and did got inferior results to this time last year. Co-incidental? What makes me mad is I have one week of Legacy for 2013 - it's the new points system and Northwynd has not deposited the points, despite having paid the annual fees.
I have one week at Lake Okanagan - Northwynd changed the deposit system to a bizarre point system at RCI - I think it's for inferior units, very low rating. Used to be able to transfer to Interval and Northwynd stopped that.
I used to use the Platinum club started by Fairmont but with Northwynd it is useless.

 

[LookingForAnswers]

... Now that the issue is in front of the court, and the May 31st deadline has been extended, you have more time to file Form 67, and send in an affidavit with your concerns, ....

So just to clarify... we have filed our Form 67, and sent copies to the 2 lawyers as well at to Northynd themselves.... but haven't sent an affidavit. Is this really needed? Is this different than the letter of response to the Resort Villa Management RPF Bill and Freedom to Choose Package? Do you have a copy of your affidavit, or the gist of what it is to say? Does it have to be notarized by a lawyer or just witnessed by someone? Also, does this get filed at the Vancouver Court as well? And once filed - where does it go?