Tswow
You've presented above and below, herein, ideas or facts or circumstances as you understand them. I don't agree with much of what you've presented. I want you to be clear I am questioning these ideas, facts, concepts and circumstances in the following which, is quite different than attacking you on the basis of any personal characteristics. You’ve used descriptions of other posters to this Board such as abusive, ignorant, belligerent and that they’re only input is rhetoric. I’ll try not to do the same.
After reading the responses, I am amazed and appalled at the rhetoric expressed. So, I decided to add my perspective. The way I see it, the problems at Sunchaser were created by Fairmont Resort Properties Limited (Fairmont). Northmont took on the problems when they took assignment of Sunchaser. Who is to blame?
Northmont is to blame. They are perpetuating the problem. To suggest they are somehow saving the day is ignoring the reality of the situation. That reality is that they have not added value to the 'guest experience.' They haven't invested any of their money into the property. In fact, they've changed the way Management Fees are calculated to make even more money. Correct me if I'm wrong, please. They are not selling any weeks. Where will that take the property? The value of a week has done nothing under their management but precipitously declined in value. I can only conclude that they have a longer term plan they've not shared. All Northmont has done is come in and say, "Its all Fairmont's problem. Ok, now send us your money, because you have to. We'll reconstruct and reorganize the resort in a way where we can maximize our profits." If Northmont truly had intentions of serving the interests of the lease-holders, they would form an association of lease-holders through which they could vet and acquire the 'social' license for their plans.
The major issue which drove the significant renovation was the leaking plastic water piping. This issue together with a poorly maintained resort by Fairmont, who allowed a deficit to accumulate, contributed to the cost of repairing Sunchaser. And Fairmont did not pursue compensation from the class action settlement regarding the plastic plumbing.
The condition of Sunchaser was the result of Fairmont’s actions, not Northmont’s who took over the resort “as is”. If Sunchaser was taken over by someone else other than Northmont, would the situation be any different? Or if Northmont were to go broke and Sunchaser taken over by someone else, would it be operated differently? I think not.
You are right. No company known for their development and operation of vacation resorts would have taken over Fairmont; which, is why the property should have been dissolved at the time of the bankruptcy. Those reputable companies did evaluate the resort and they made the decision we would have made had we be given the choice. They understood the situation: 'Too Bad, but all is lost. It would be too expensive to rehabilitate this property.' Yes, we'd have lost our initial investment but why chase a bad decision, or a good decision gone bad, with more good money?
When Northmont took over Sunchaser, they sent a survey to us owners and one of the questions asked was about the establishment of an owners association. My files show that very few owners responded and most of those who responded were not in favor of an association. So why are there complaints about not having an owners association? Was it because of the additional cost of having one? How many owners discussed the budget and maintenance fee with Fairmont or Northmont?
Your files? What do you mean your files? I'd like to know what you mean by your files? Do you mean Northmont's files? I categorically dispute that Fairmont or Northmont has ever made any legitimate attempt to fulfill their obligation to form an association to represent the Lessees. I, and not a single person I know, remembers ever being contacted about a home owners association. Ok then, when do your files say that was? Regardless, regardless, times have changed. I'd like to see Northmont create a lease-holders’ association now. To say well, we asked one time, and there was no interest is, just rhetoric. They are obligated to create one. From my Lease: LESSEE'S ASSOCIATION: ...Lessor agrees to cooperate with the lessees in the formation of such an association and agrees to recognize the association..." It decidedly doesn’t say the Lessor will take the temperature of the water first and jump in only if and when its lukewarm.
So, what should be done with a resort that is outdated poorly maintained and has major water line leakage? Let it leak and deteriorate or repair it? After a lot of research and consideration, I decided the best alternative was /is to repair it and upgrade it or lose it altogether. However I did not expect the cost to be as requested. I still do not like the cost but Northmont hired professionals to scope out the work and hired a credible contractor to do the repairs, etc.
Northmont isn't to blame for the damage in the first place. Northmont isn't to blame for the poor evaluation done by the professionals they hired to assess the property. They didn't get off to a reputable start did they? You've essentially expressed my opinion. Dissolve the whole thing. The damage was too expensive to repair. We could have all bought weeks on the secondary timeshare market for virtually zero-down, and now we'd own at a Marriott, Sheraton, Welk or at any number of the credible operations.
I studied my contract, consulted with my lawyer, discussed with other owners and met and discussed with Northmont after which I decided to “pay and stay”. I respect the decisions made by other owners to pay and go, pay and stay or pursue legal action. The legal avenue of resolve is available to everyone. However I do not have any respect for those owners who are abusive, belligerent and ignorant in their rhetoric. And do not appreciate nor respect those owners who have decided to not pay their maintenance fee, not to pay the renovation fee and not pursue legal action. Their delinquency is increasing the maintenance fee to me and other owners who are current with their fees.
You cannot convince me the rhetoric is coming from those who haven't paid. I think the repeated, "read your contract", “I met with my lawyer” is rhetoric. Unilaterally changing the lease is abusive, belligerent and ignorant all at the same time. Besides, these are your feelings, and you are casting aspersions on others. I have similar feelings for those who misrepresent and manipulate for gain but, I'll keep those feeling to myself for this Board.
I’m assuming those owners who are part of the litigation group also have not paid the fees, for which I may have to compensate for. However, I expect these owners to either pursue their legal actions with credible claims and credible evidence without delay or pay their debt. I fully support and expect Northmont to pursue collection of the outstanding fees and related interest charges.
See you in court.
I note that my 2016 maintenance fee is based on approximately 5,400 timeshare weeks versus 12,750 weeks for Sunchaser as a whole. By my calculations, this means that Hillside (7038 weeks) could be separated from Sunchaser and Riverside (4,080 weeks) and Riverview (1,632 weeks) could remain as Sunchaser. However there is no mention made in the budget for delinquent maintenance fees or delinquent fees received. My calculations in reviewing prior years’ maintenance fee show that I paid $100 annually to cover delinquency.
Where did you get these numbers? I've not seen anything that would give me this information. And, what are you suggesting? Are you suggesting Northmont's longer term plan? How would this division benefit your maintenance fees? Therefor I have to ask, why are you suggesting Riverside, Riverview, Hillside, etc. all be separated? What could possibly be gained? Unless ... unless … they've a different lease/owner/usage structure? Is that what you are implying? Is Northmont going to restructure the property in this manner? Because it would be good of them to tell us. If the purpose, the core structure and operation are aligned there would be no reason not to take advantage of the economy of scale available to the management company. If they downsize can they remain aligned with a reputable exchange company? Maybe that is why they aren't even attempting to sell any units. Maybe much of the property will no longer be based upon annual weekly leased intervals. Again, that would be valuable to know. Preferably before court. Otherwise, it’s you know, the ‘F’-word. ...Ok, ...I’ll say it, ...FRAUD.
As for the legal action; based on the rhetoric expressed on TUG, I would expect Fitzpatrick’s decision to be appealed by Jeke and/or if not, that claims would be filed by everyone else who is part of the group action. Has an appeal been filed? Have any other claims been filed? Express your feelings, accusations and allegations to the Judge and live with the consequences. I do not feel encouraged or enticed to become part of the litigation group. I am not interested in becoming part of any litigation group which includes owners who are abusive and ignorant in their rhetoric.
Define rhetoric. Repeatedly saying rhetoric is, well, rhetoric. You have readily pointed out the gross mismanagement, fraud and theft of the past, albeit by Fairmont, I'd be inclined to understand the frustration and anger over the excessive financial burden Northmont has obligated the lease-holders to by reconstructing the property. No Lessee's Association. No information about the bankruptcy. No input on the reconstruction. No financial statements for extended periods beyond those specified in the lease agreements. I'd cut the lease-holders some slack. Their anger is directed at Northmont. You are acting like that is you? You are acting like you are Northmont, the target of their anger.
Also, Fairmont Mountainside Villas is not interested in being connected with Sunchaser in any way, shape or form. Go to their website and there you will see their express statement to that effect.
DUH! No one is. Sorry, I guess, you are. I damn well paid to stay and I am not interested in being associated with Sunchaser, see the court filings.
. Nothing but smoke and mirrors like I said in my 4 page letter. I enjoyed finally having somewhat of a say and asking questions they have not answered nor will they... because that would be telling the truth and would really screw up their case 
. It they think this intimates us think again...I'm so ready for this!