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

Steve Phy

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Lawyer

As you can see if you visit the other site, we are seeking legal advice.
 

chips1

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LOR

I am a new member of TUG and its the first time I have used a site like this.
I read some of the comments and am very concerned that there will be a "special assessment" in the near future
I have a LOR week and am in need of getting rid of it, lost my job etc. so i started looking around for information. I have decided to stop paying maintanance fees because of the fee increases and the changes to rules of selling (forced to sign an Acknowledgement of Liability) which effectively holds seller liable for fees not paid by the buyer.
If you have any info you could provide on would be appreciated.
 

Missbevy

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There are no guarantees with any timeshare there won't be renovation project in the future. Its a potential liability with owning a timeshare.

Instead of paying them $3200, you could always give it away. Worst case, pay the MF and include it as a bonus.
Not a good option to give away or sell... Sunchaser
Has to agree... and in order for the transfer of name
To go through you have to sign that you are responsible
For the maint. fees if the new owner does not pay them.
 

jekebc

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I'm new to the TUG site. I also am a Fairmont/Sunchaser timeshare owner that is thoroughly disgusted with the manner current and previous management has dealt with the resort. I have followed this issue on the NorthwyndOwnersAssociation website and the Facebook Sunchaser Vacation Villas Owners Grievance group.
I believe Northwynd are in breach of the lease contract by failing to manage and maintain the resort in a prudent and workmanlike manner. I do not trust Northwynd to properly handle any further funds they receive. I also believe the current cost of maintenance fees is higher than that of a similar quality hotel and that those fees will only go up as the current deficit and the essential repairs are addressed.
It's time to get out. If you agree and are willing to walk away from your investment in exchange for an unconditional release with no further payments to Northwynd, please join our group. Email me at thebelfrys@shaw.ca and I will forward details of our plan of action. We have discussed this plan with a lawyer who advised that he thought we were on the right track.
 

JMRink

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My husband and I are divorcing and had a buyer for our points at Fairmont until the saskatoon news story and now we SOL
 

jekebc

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Do you own a timeshare at Sunchaser Vacation Villas in Fairmont, B.C. and have concerns re the notice of major renovations that will increase the maintenance fees. A group of 30 timeshare owners that share your concerns are working together on a plan of action as to how to deal with Northwynd and the management company for the resort. If you would like to join this group, please email: thebelfrys@shaw.ca for details.
 

condomama

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Northwynd Grievance Group

I emailed one of the participants mid week, and received a reply indicating that there had been an internal disagreement as to how the site was to be run, which led to the website being shut down. The person indicated that a new website was being developed which would launch if and when a homeowners group was recognized by NW. So I guess we just have to be patient and see what transpires.
 

Meow

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Thanks for that update Condomama. I don't expect that Northwynd will recognize any Owners' group before we are forced into their reno scheme.
 

Quadmaniac

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Not a good option to give away or sell... Sunchaser
Has to agree... and in order for the transfer of name
To go through you have to sign that you are responsible
For the maint. fees if the new owner does not pay them.

How is it not better ? Sunchaser will transfer when you sign for responsibility if the new owner does not pay. You have the new owner sign a letter saying that they assume responsibility hold you harmless if they fail to pay the maintenance. Better to take a chance on someone taking it over then keeping it yourself.

I sold my Golden season and I did not even worry about getting my buyer to sign a counter protection letter as he was already an owner there. He knew what he was buying and took it over without incident. After he put out $3500, I am comfortable that there won't be an issue.

There is always a chance you could run into someone defaulting, but I would rather take that chance then have to pay $4K and ongoing maintenance. It's better in your mind to be absolutely responsible to pay vs maybe having them come chase you if someone defaults ? I have $3500 in my pocket that could go to any default so I am already ahead of holding on to it.

Even if I gave it away and the person paid the dues for 3 yrs, am I not still ahead of having been responsible for the assessment and MF for those three years in the worst case scenario ? Let's say just this one year, thats still better than paying it myself. Not seeing your logic in the case how it is not better.
 
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Meow

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According to the Invermere realtor who lists timeshares in his interview on CBC Saskatoon, there is no longer a market for the Fairmont Sunchaser timeshares. You can't sell them or give them away and it would be a cruel joke to will them to someone. I guess we have to leave room in our coffins to take the lease agreements with us.
 

Quadmaniac

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According to the Invermere realtor who lists timeshares in his interview on CBC Saskatoon, there is no longer a market for the Fairmont Sunchaser timeshares. You can't sell them or give them away and it would be a cruel joke to will them to someone. I guess we have to leave room in our coffins to take the lease agreements with us.

The market is very limited. I was able to sell my gold, but my brother's prime golf was not had any takers yet even though we are giving it away for free, they just pay the transfer fee plus when they can show us the deed has been successfully transferred, we were offering a week's stay in Vegas. Had a few tired kickers but no serious takers yet.

I would try Kijiji and you might have to offer transfer and usage for the year ?
 

Duane_Meade

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Everyone out there

I talked to two Atty today one in New Port Beach CA, one Washington St. This whole thing is a SCAM. The people that you are talking too are not empowered to do anything there job is to get money out of you. Don't send anymore money.
 

Velo

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Scam ?

I talked to two Atty today one in New Port Beach CA, one Washington St. This whole thing is a SCAM. The people that you are talking too are not empowered to do anything there job is to get money out of you. Don't send anymore money.


Please clarify who you are referring to, and why, this is confusing.
 

Meow

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I suspect it is a scam. However, I'm not sure I would rely too much on the legal opinions of attorneys from California and Washington, unless they are well versed in the precedents of B.C. and Canadian contract law.
 

condomama

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Is the sunchaser vacation villas owner grievance and action group facebook page down?
 

Duane_Meade

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2012, 2013

I talked to a person in Invermere today and they told me they received a letter from Sunchaser saying they were starting a new program to cover the cost of maintenance with people that paid there overhead expenses semi annual, it amounted to about $4000 per unit.The next year they would bill the people that paid annually. That works out to $200,000 per unit. They closed the sales so they must 100% occupancy.
We haven't been there for about five years because of health issues. They said the condition of the property looked good however they also said Mountain Side sustained a lot of property damage due to a land slide. I wonder how the water system is holding out? They also told me people were trying to get out of the lease/purchase agreements, some were just walking away or used a local Realtor to try to sell. It looks like someone has big problems. They can try to squeeze us all or take the money and run. Closing note RCI Just lost a large class action lawsuit in the States. Sunchaser uses RCI as a timeshare trading partner.
 

mmchili

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Northwynd Real Estate, the owner of the underlying real estate of Sunchaser Vacation Villas at Fairmont Hot Springs, has estimated a cost of $28 to $38 million, excluding management fees of 15% and HST, to do a "high-level" renovation of the entire resort. This translates to a special assessment of $3,000 to $4,000 per annual timeshare week or $1,500 to $2,000 per bi-annual timeshare week which will be payable monthly at $100per month, interest free.
Regarding the closure of the sales office, the Fairmont office was not closed because it has sold all the timeshare weeks. They have chosen to handle sales differently recognizing that timeshares do not sell very well. Sales will occur by timeshare owners or potential purchasers contacting Northwynd directly rather than Northwynd trying to contact/attract potential purchasers. They propose to sell a conversion contract (from a 40 year lease to perpetual ownership) for $2,000 versus the previous price of $6,000, no indication at this time of the price for a 40 year lease.
There is no effect on Sunchaser because of the land slide/water flood at Mountainside. The repairs are basically complete at this time apart from completing the landscaping. Sunchaser did not incur any damage from the landslide/water flood at Mountainside.
There are several ways for owners to get out of their lease; unfortunately they are very difficult to sell because of the special assessment, the prevailing timeshare market and the high maintenance fees, currently at $950 per annual week. At this time it is very difficult to sell a timeshare week for $1.00, however Northwynd will release someone from their annual week for a sum of approximately $3,145 and for a bi-annual week for approximately $1,600.
Unfortunately, those who walk away from their lease impose a greater burden on the remaining owners and incur extra costs as Northwynd aggressively peruses collection. It is obvious that Northwynd is not interested in taking back any of the timeshare weeks/leases. It is unfortunate that Sunchaser owners have not provided Northwynd, the owner, or Resort Villa Management (RVM), the resort manager, a lot of feedback regarding the maintenance fees and the high-level renovation estimate and as a result they are working on the understanding that most owners are happy with the situation. The resort has 18,900 leases, of which approximately 14,000 are sold. How many of the 14,000 have called and/or written to Northwynd/RVM to express their dissatisfaction with the fees? According to a survey of the owners, over a year ago, there was no interest in establishing an owners association. So, how do owners try to resolve any issues, such as the annual maintenance fees or the impending special assessment, with Northwynd/RVM? If many owners do not write and do not want an owners association, what happens? The owner/manager does as they see fit.
 
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