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

[oneworldonerace]

New info - still looking to join.

Contact information for three current firms acting on our behalf:

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


Docken Klym
900, 800-6th Ave. SW
Calgary, Alberta
Canada, T2P 3G3
v: (403) 269-3612
f: (403) 269-8246
tf: 1-877-269-3612 Columbia, V6B 1B4


Cox Taylor
26 Bastion Square
Victoria, BC, V8W 1H9
Sunchaser@coxtaylor.ca
Att'n Lindsay LeBlanc

 

[aden2]

thanks Aden2 - I am hesitant to just send an email without knowing what their particular course of action is or just how much it may cost and there doesn't seem to be websites like Kim Hamilton or Docken Klym.... We saw an email way back on Page 8 (I think) - saying that signing up with Geldert would cost $1,000 - WAY out of our price range. Has anyone out there signed up with either of these 2?
thanks

The information of $1000. is incorrect for Geldert Law. A client retainer form Geldert Law has the listing of fees on it and it is not $1000.. In fact the retainer is very low.

 

[gnorth16]

It might be at best treated as failure to perform their fiduciary which isn't criminal.

Actually, failure to perform a fiduciary duty (in a situation where trust or a special relationship is required) and when money is held for maintenance purposes goes unaccounted for, is a crime. Of course it depends on what "relationship" Northwyd has with the owners and whether or not intervals could be considered financial investments (at least some were told that there were when purchasing). Alot of "ifs", but IMO, Northwyd is trying a cash grab and to steal the land from under the owners to recoup from their bad investment in Fairmont.

It's like buying a box that was supposed to be filled with candy. They opened it up and it was empty. Now Northwyd is trying to resell that empty box because they never opened it up before buying it.

 

[aden2]

A Creditor List in the matter of Bankruptcy of Fairmont resort Properties Ltd in 2010 includes the "Calgary flames Ltd. Paternship" for $115,188.17
In the first meeting of creditors for the bankruptcy of Fairmont Resort Properties Ltd. held Aug.19th in Calgary, Fairmont Resort Properties Ltd Finance put in a claim for $10,034,813. . It appears to be the same company! The mailing address is the same in Calgary.

 

[ValHam]

Good Luck to everyone.
We are fulltime owner here at Lake Okanagan Resorts and have similar issues. Our strata fees go up and repairs and maintenace gets less and less.
LOR is also owned by Northwynd previously Fairmont.... in my opinion Same Shi* different Name.... I am hoping that , if a Class action is launched by timeshare owners we will be able to follow on here.... very interested in the outcome.... Funny how the manager seems to answer all NEGATIVE postings on Tripadvisor with the same BS as we hear from our strata ...hmmm BTW Lake Okanagan Resort is for sale for a cool 14.8 Mil . Sinking slowly and not even on a boat on the lake !!

 

[jekebc]

This notice is premature - Discussions are still underway

To Owners that have paid cancellation Fee.

We plan to commence a second court action on behalf of owners who have paid the cancellation fee

I hope to have further details this week re a law firm that will take this case on, separate from the existing law firms.

Contact me at thebelfrys@shaw.ca and I will add you to the list of owners that I will supply to the law firm that agrees to act on behalf of those owners.

Jim Belfry, Victoria
Sunchaser timeshare owner

 

[oneworldonerace]

I sincerely hope we are all working together cohesively. This public forum is important to everyone involved.

 

[fairmontlvr]

Interesting company bio of Northwynd as reported in Bloomberg

Company bio as reported Bloomberg Businessweek. Interesting how the bio here indicates Northwynd Resort Properties Ltd. was formerly known as Fairmont Resort Properties Ltd. Yet Northwynd claims many current problems were from the previous owners and mismanagement by Fairmont Resort Properties Ltd.


"July 30, 2013 2:16 AM ETReal Estate Management and Development
Company Overview of Northwynd Resort Properties Ltd.
Snapshot

People
Company Overview
Northwynd Resort Properties Ltd. develops and markets interval vacation ownership condominiums in Canada, the United States, Mexico, and Belize. Northwynd Resort Properties Ltd. was formerly known as Fairmont Resort Properties Ltd. and changed its name to Northwynd Resort Properties Ltd. in July 2010. The company was founded in 1985 and is based in Calgary, Canada.
5799 - 3rd Street SE
Calgary, AB T2H 1K1
Canada
Founded in 1985
Phone:
403-451-1151
Fax:
403-450-0495
www.northwynd.ca
Key Executives For Northwynd Resort Properties Ltd.
Mr. Patrick Fitzsimonds
Chief Executive Officer
Mr. Chris Van Der Deen
Vice President of Operations / Member Services
Ms. Eleanor Fornataro
Vice President of Communications / Corporate Services
Mr. Doug Frey
Vice President of Development

 

[Patty Melt]

Kellie Hamilton Retainer

I signed up with Kellie Hamilton, offices in Vancouver. The retainer was $400, and I sent a number of documents they requested. However, now I'm not reading anything about Kellie Hamilton being one of the suggested attorneys and I am getting worried about signing up. Is anyone else registered with this law firm? I got her name off a much earlier posting on this forum.

 

[aden2]

I am sure that there are Lawyers in the group of three that have a retainer fee of less than $400.

 

[CleoB]

I am sure that there are Lawyers in the group of three that have a retainer fee of less than $400.

Docken Klym was $500. Odd that there is such a difference in the fees. We signed up with them quite a while ago and weren't even sure what their stance was. I assumed they were just going to file form 67 on our behalf.

 

[ERW]

We can't sign up with Docken Klym ( no longer accepting new people) and Kellie Hamilton's goals for her class action suit are not what we want. We haven't completed a form 67 - too complicated and at this point aren't sure if this is necessary. As we are biennial TS holders we haven't actually been invoiced yet and so refuse to either pay for something we haven't been invoiced yet nor be forced to make a decision. If we don't have legal representation nor have completed a form 67 - what happens when a decision is made - are we covered or SOL? anyone have any ideas? Doesn't any decision made by the courts apply to all owners regardless of representation?

This is actually an interesting question. My thoughts on this are that if a judge finds that what Northwynd is trying to do is not in the spirit of the agreements we signed, it would apply to all individuals that signed contracts, not just to those that filed Form 67's or those that signed on with legal firms. I'm sure that is not what the people that signed on with legal firms want to hear. But my thought is that if the if the legal system finds Northwynd to be working outside the contract, anyone that signed those contracts would be entitled to same interpretation. Does this make sense?

 

[Meow]

The Cox Taylor retainer was $300. But, the amount of the retainer doesn't really matter that much. What matters is the final bill, which is based on the time spent,the hourly rate and the number of clients splitting the bill.
My understanding that the three major legal groups are mostly on the same track. Kelly Hamilton seems to have chosen a different path. From what I've read on her website, I would not support her actions.

 

[aden2]

Today I was talking to a retired investment dealer, and he wondered if Fairmont Villas - Northwynd etc. had ever been reported to the Securities Commission. Also if the auditors "Collin & Barrow" ever reported to the government the fact they could not do an audit for 2009 & 2010. because too many documents were not available.

 

[Hotpink]

Foreclosure

Today ( Aug 12 ,2013 )we just received a love letter from Northwynd dated Aug 6, 2013 stating

"Subject: Bad Payment

In reference to your Installment Sales Contract with RVM the last payment of your account was returned to RVM for the following reason: Payment Stopped. Please remit payment of $200.00 to replace this payment. Additionally. send a separate cheque of $37.50 for the NSF fee. Remit payment to the address stated on this letter or you can call or send your credit card # and exp. date, so we can take your payment.

If your account is not kept current, time and usage of your villas could be restricted and if you have a current reservation, it may be cancelled. Once your account is more than 90 days in arrears, foreclosure proceedings could commence.

If you have any questions, please call toll free 1-888-663-6338 or e-mail me at jlegacy@northwynd.ca
Yours truly
Judi Legacy Accounts Administrator"

We initially paid the initial payment $299.76 on the choose to stay by May31 of this year to ensure our week in June. When we couldn't get there because of floods we put a stop payment on the EFT on a cancellation form from the bank and and as per the bank we informed Northwynd via e-mail ( writing ) that no further payments would be made untill all was settled with the courts.

The Renovation Project Fee Payment Option Form is not a sales contract and states that this authorization may be cancelled by us upon written request. We never got a response to our request, but they tried to collect $100.00 on the first of the last two months.

How do they foreclose? One (1) week at a time or if we lockoff maybe two(2)
weeks at a time

 

[MFD]

If your account is not kept current, time and usage of your villas could be restricted and if you have a current reservation, it may be cancelled. Once your account is more than 90 days in arrears, foreclosure proceedings could commence.

Notice how they're using words like COULD and MAY, sounds like they are still trying to use scare tatics to threaten us, but really have no grounds to do anything.

 

[den403]

Show Suites Open

Sunchaser Riverside 800 bldg completely renovated inside and painted black on outside with 2units open as show suites. Appears to be no changes to size of A and B units only cosmetic upgrades. Now starting on 400 bldg Riverside.
Wow must be pennies from heaven ???
And what happened to pending court approval????

 

[gnorth16]

Sunchaser Riverside 800 bldg completely renovated inside and painted black on outside with 2units open as show suites. Appears to be no changes to size of A and B units only cosmetic upgrades. Now starting on 400 bldg Riverside.
Wow must be pennies from heaven ???
And what happened to pending court approval????

Curious to see some pics....

 

[RandRseeker]

photos are here:

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

 

[RWC]

Show suite

We are currently in Fairmont staying at Hillside. We have toured the show suite that they have set up in 403. They have obviously hired an interior decorator to set the colour scheme as the colours are shades of whites and greys (I find these to be cold colours.) The exteriors of the 400 and 800 have been refinished with new stucco as both buildings were back to the bare boards in places when we were in Fairmont in June. In June they were retiling the roofs of both buildings. The floor plan in the B side has been changed slightly as they have taken out the big jacuzzi tub and put in a small shower allowing more room for a dining set in the dining area, along with putting in a full kitchen with full fridge and stove as can be seen in the photos. The budget for the 800 building was about $1.3 million and just about $2 million for the 400 building according to the budget on the Sunchaser web site. The 400 building must be finished as there are people in some of the units. The units do look nice, but I am sure this is just a dog and pony show to convince more people to pay the refurbishing fee without any guarantees.
We own at Marble Canyon and our unit which is about 2900 sq ft (4 bedroom) was renovated this spring for about $32,000 which included new paint throughout, new laminate where there had been linoleum and new carpet, replacement of all mattresses, all electronics, window shades and other necessary interior upgrades, the exterior was not touched. I think we got better value for the money on this renovation.
They are currently taking reservations for next year if you pay the maintenance fee for next year (currently the amount paid last year with the final adjustment in January as has been done the last couple of years).
Whether they will still be around next year, who knows.

I am following our lawyers (Dockens) advice and not paying a cent more until it is finalized in the courts. Could take years.

 

[gnorth16]

photos are here:

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

Nothing special. Kinda bland. This reno is how much per unit?

 

[RWC]

Building 400

About $130,000/unit in the 800 building and close to $200,000 in the 400 building. They are saying a major cost is the replacement of poly-b pipe with pex, work that is not visible but the reason they had to gut each unit although plumbing walls are usually only found in a portion of the walls. The 800 building along with two or three of the other ones had renovations in the last 2 or 3 years where they took off the balconies and rebuilt them and also closed in the open stairwells.

 

[SentimentalLady]

Very bland

Nothing special. Kinda bland. This reno is how much per unit?

Yeah....very bland.

Of course, even the BEFORE photos bear little resemblance to the gorgeous place we bought into 20 years ago. :annoyed:

 

[Spark1]

Yeah....very bland.

Of course, even the BEFORE photos bear little resemblance to the gorgeous place we bought into 20 years ago. :annoyed:

Who cares what they do to the condos,the timeshare owners that own time do not trust Northwynn and know that if they can suck us in to renovating this complete resort they will put it up forsale just like all the other resorts. Is it true that they are painting they outside black?

 

[RWC]

New stucco

No, from what I saw and understand from their web page, the building was stripped and new charcoal colour stucco has been installed.