Festiva takes over resort

[Jya-Ning]

Got NC's letter, ask the resort to provide me response in 10 business days.

Jya-Ning

 

[Sou13]

Another Outfield Marketing Experience reported

A Southcape owner has reported:

Hello,

For what it is worth I was at Southcape recently and met with the NEVS (or Outfield Marketing) representative for the new Festiva points system being sold. This guy clearly stated that RCI was out and that the only choice would be II and Festiva. He went as far as to to show us the past two years of RCI catalogs to illustrate how more resorts are leaving RCI each year. Regarding units 32-55, it looks like that if they desire to participate in an exchange program they will have to join the Adventure Club provided by Festiva. As Sou13 indicated, this would mean converting their deed to a membership -- at a cost of approximately $3095.00 (3300 minus the 400 assessment if already paid, + 195 application/filing fee).

Also,

Just to expand on the identity of the gentleman we met with, he stated he worked for NEVS, however he did not have a business card indicating that. He did give us a generic business card belonging to Outfield Marketing LTD that only states the business name, not his or anyone else's name.
http://www.tugbbs.com/forums/showthread.php?t=84127&page=21

So it looks as though owners can't escape the $400 Special Assessment by converting to Festiva points after all!

 

[Tia]

http://abclocal.go.com/wtvd/video?id=6790741

Is a news cast on Festiva, I don't see a date on it.

 

[Sou13]

Thank you, Tia!

Thank you, Tia! I posted the link on the Southcape Resort discussion. It gives those who want to complain to the MA AG some hope.

 

[Sou13]

Outfield Marketing Solicits Owners and Guests

I've heard from a Southcape owner who stayed at the resort recently. She reported that Outfield Marketing is contacting owners and guests on the inhouse telephones system. I must have avoided such a call by requesting one when I was there in November!

This particular owner has three deeded float weeks, two in Condo I and one in Condo II, and had met with Greg Hughes in the fall. A new marketer has replaced Mr. Hughes, who possibly had to be retrained?

So, Southcape owners and guests, beware of Outfield Marketing! This owner doesn't even want to answer the telephone!

As for the offer, this owner didn't even get an offer to convert one of the three weeks. Festiva wants all three! Unfortunately, I didn't get to find out how much it would have cost to convert for how many points. I should have asked!

 

[tombo]

I received a call Monday asking me to come for an informative weekend for only $99 I think. I asked themhow they got my information and they said it was from where I had previously talked to Festiva. I asked them what weeks i owned and they told me that they were only given limited information about their contacts and they didn't know. I am sure if I went that the salesman would know what I owned at Festiva, but it isn't worth the misery of 3 hours with them trying to shove Festiva down my throat to go and see what information they have on me. It sure isn't worth 2 nights in a motel for $99 to sit through the misery.

 

[Carolinian]

All timesharers need to beware. If your HOA even thinks about hiring Festiva as its management, the members need to raise a firestorm of protest, and look into what procedures they may have to unseat and replace their HOA board members who may support such a disasterous proposal. Don't let these points schemers get their foot in the door. If Festiva is already in management, run a Concerned Owners slate against their supporters on your HOA board, and once you get control prohibit them from contacting your members on their rotten points schemes, and at the first opportunity, change management.

 

[tombo]

I was sitting here looking at my voting choices for Blue ridge Village Board of Directors. There are 2 choices.

One is an owner and Board member since 1998. This candidate made me feel very good.

The other is a board member since 2007 and works in Resort Development and Construction for Festiva resorts. I lost my warm and fuzzy feeling.

I got my pen ready to vote for the owner so we can defeat the Festiva employee, and the ballott says "I vote for the following 2 nominees to serve on the board". Heck these are the only 2 choices so I will have to vote for the Festiva employee to vote for the owner. If I don't vote for these 2 my choice is to abstain. How crooked of a ballot is this?

 

[Tia]

Guess you could just vote for just one and write your name in? Bet the one owner is good friends with Festiva people.

This is why owners have to find each other online and work together, it is not easy.

 

[ecwinch]

Guess you could just vote for just one and write your name in? Bet the one owner is good friends with Festiva people.

This is why owners have to find each other online and work together, it is not easy.

If allowed by the ballot, this is a great suggestion. You are essentially throwing away your vote rather than vote it for the developer.

 

[Jya-Ning]

Check one, If you want to serve, put your name in.
Send to the resort cc NC AG with copy. Ask the resort to count your as is. And explain why you have to make exact 2 choices?

I will guess there is 2 Vacancies.

Jya-Ning

 

[ChrisH]

Greg Hughes at Sandcastle Now

Greg Hughes is at Sandcastle now - running the same show there. He kept saying this is an exchange of weeks to points and not a SALE. But every document says 'seller' and 'purchaser'. Also got the same RCI and II are no longer going to affiliate with Sandcastle blah, blah, blah. His speech totally misrepresents the paperwork. PS you are only quaranteed your OWN week if you reserve it 'atleast 12 months but not more than 13 months' in advance. And if you want your own 'week' you must pay the next years assessment with the 'reservation' - which will be estimated by the 'manager'. If the manager estimates low, you will be billed later (?January) for the balance. If the manager's estimate is too high - then they keep the overage and apply it to a 'future' assessment but 'it will NOT be returned to you.'
It's in the contract.

 

[Carolinian]

I was sitting here looking at my voting choices for Blue ridge Village Board of Directors. There are 2 choices.

One is an owner and Board member since 1998. This candidate made me feel very good.

The other is a board member since 2007 and works in Resort Development and Construction for Festiva resorts. I lost my warm and fuzzy feeling.

I got my pen ready to vote for the owner so we can defeat the Festiva employee, and the ballott says "I vote for the following 2 nominees to serve on the board". Heck these are the only 2 choices so I will have to vote for the Festiva employee to vote for the owner. If I don't vote for these 2 my choice is to abstain. How crooked of a ballot is this?

You need to form a Concerned Owners Group, solicit proxies of other members and throw the rascals out. Most HOA's have a provision to oust sitting board members before their term is over. A management member sitting on a board is a massive conflict of interest. These people need to be ousted immediately.

 

[Sou13]

Terms And Conditions 1-10

TERMS AND CONDITIONS​

1. DEFINITIONS:

Unless expressly indicated herein to the contrary or the context otherwise requires, the capitalized terms used herein shall have the meanings ascribed to them in the Declaration for Festiva Resorts Adventure Club (the "Declaration") and the By-laws of the Association (the "By-Laws" )

2. PAYMENT OF PURCHASE PRICE:

Purchaser may pay for the Membership described herein in cash or by borrowing from Seller a portion of the purchase price (the purchase price is the amount set forth on line 1 of Page 1 hereof and is hereinafter called the "Purchase Price")). If Purchaser borrows a portion of the Purchase Price from Seller, then Purchaser will be required to execute and deliver a Promissory Note (the "Note") payable to the order of Seller in the amount of the unpaid balance of the Purchase Price, and grant the first priority Seller Security Interest (defined below) that secures the payment of the Note and encumbers Purchaser's Membership, as well as certain other documents and instruments which Seller, in its sole discretion, deems reasonably necessary or appropriate in order to secure Purchaser's payment of the Note. Purchaser will be subject to all of the terms, provisions, and conditions described and set forth in all such documents and instruments.

If Purchaser requests purchase money financing, purchaser agrees to cooperate with all reasonable requests made by Seller in connection with the financing and Purchaser shall provide Seller upon request such financial information as Seller may from time to time reasonably request.

In the event that Seller sends Purchaser any document or instrument for re-execution, Purchaser shall promptly re-execute same, cause his or her signature to be notarized (to the extent indicated), and return such document(s) and/or instrument(s) to Seller in accordance with Seller's written instructions. Purchaser's failure to do so for any reason within fifteen (15) calendar days following Purchaser's receipt thereof shall constitute a default hereunder, entitling Seller to exercise its available rights and remedies pursuant to Paragraph 12 hereof .

3. LEGALLY BINDING AGREEMENT:

This Agreement will become effective and legally binding upon both parties when signed by Purchaser and Seller and may not be amended except by a written instrument that is signed by both Seller and Purchaser. At the time Seller accepts this Agreement, Seller agrees to sell the Membership described herein to Purchaser, and Purchaser agrees to make all of the payments required to be made under this Agreement when due and to comply fully with all of the terms, provisions, and conditions hereof and of the Club Instruments.

4. DEPOSITS:

In compliance with all applicable state and local law, Purchaser's initial deposit and any subsequent payments made by Purchaser to Seller prior to Closing shall be delivered to and held in escrow by New England Vacation Services, LLC, the address of which is 135 E Hickory, Denton, Texas, 76201 ("Escrow Agent"). Any and all interest that accrues on Purchaser's deposit and subsequent payments shall, except to the extent prohibited by law, be payable to and inure to the sole benefit of Seller and not be credited toward the Purchase Price. Escrow Agent shall hold all such deposits and other amounts until the expiration of Purchaser's cancellation period as described herein without such right of cancellation having been exercised by Purchaser. Upon presentation by Seller of an affidavit to the effect that such cancellation period has expired and Closing has occurred, or alternatively, that Purchaser has breached any term, provision, or condition hereof, Escrow Agent shall deliver any funds held on Purchaser's behalf, together with any interest that has accrued thereon, to Seller. Seller shall have no right to use any of the funds held by Escrow Agent until such funds have been delivered to Seller in accordance with the provisions hereof.

5. CLUB MEMBERSHIP PLAN:

Purchaser shall be entitled to use and occupy Assigned Club Accommodations during such Use Period(s) every Calendar Year as shall properly have been reserved by Purchaser in accordance with the terms, provisions, and conditions of the Club Instruments, as they may be amended or restated from time to time. Because reservations are confirmed by the Manager on a first-come, first-served, and space-available basis, Purchaser is encouraged to make reservation requests as far in advance of the desired Use Period(s) as the Rules and Regulations permit in order to maximize the chances of obtaining confirmed reservations for the Use Period(s) of Purchaser's choice. Purchaser acknowledges that notwithstanding any provision of this Agreement or the By-laws, Purchaser will not have the guaranteed exclusive right to reserve, use, and occupy any particular Club Accommodation in any particular Component Site during any particular Use Period.

The initial term of the Club shall be as set forth in Section 20.1 of the Declaration unless terminated sooner in the manner described in the Club Instruments.

Purchaser will be entitled to make a reservation or use and occupy any Club Accommodation after Purchaser has timely paid any and all (i) amounts due Seller hereunder; (ii) Assessments, Personal Charges, and other amounts levied upon him or her and upon his or her Membership as described in part in Paragraph 7 below, and otherwise fully complied with all of the terms, provisions, and conditions of the Club Instruments.

6. ASSESSMENTS:

Purchaser understands and agrees that in accordance with the provisions of the Club Instruments, Purchaser shall be responsible for his or her proportionate share of the Club Costs. The initial Standard Assessment shall be due and payable to the Association prior to Purchaser's use and occupancy of a Club Accommodation during any Use Period in the year in which Closing occurs. Subsequent Standard Assessments shall be due and payable on a calendar year basis at the time(s) and in the manner established from time to time by the Board, written notice of which shall be provided to each Member. The amount of Purchaser's Standard Assessment each year may vary and will be determined by the Board, pursuant to an annual budget that wIll be prepared by the Manager and approved by the Board.

If Purchaser's Initial Calendar Year, as set forth on Page 1 hereof, is the year following the year in which Closing occurs, then no Standard Assessment attributable to the current Calendar Year shall be due and payable by Purchaser. Except where Purchaser's Initial Calendar Year is not the Calendar Year in which Closing occurs, if Purchaser does not use and occupy a Club Accommodation for one (1) or more Use Periods In any given Calendar Year, Purchaser shall continue to be obligated to pay in full all Assessments levied against his or her Membership with respect to such Calendar Year.

In addition to Standard Assessments, Purchaser understands and agrees that he or she will be responsible for the timely payment to the Association of any Special Assessments levied upon his or her Membership by the Association, as well as any Personal Charges that he or she incurs, all in accordance with the provisions of the Club Instruments.

The Association may enforce Purchaser's obligation to pay the aforedescribed Assessments and Personal Changes in the manner set forth in this Agreement and in the applicable provisions of the Declaration and the By-laws. Unless and until all Assessments and other amounts that Purchaser owes the Association or Seller have first been paid in full, Purchaser shall not be entitled to reserve, use, or occupy any Club Accommodation or exercise any other rights, benefits, or privileges to which Purchaser would otherwise be entitled pursuant to the Club Instruments.

7. CLOSING:

Except as otherwise provided by applicable law, for purposes of this Agreement, the term "Closing" shall mean that date following the expiration of Purchaser's cancellation period without such right having been exercised and as of which the parties hereto have properly executed and delivered all documents necessary to effect the transfer of the Membership to Purchaser and the payment of the Purchase Price to Seller, including but not limited to execution and delivery of this Agreement, and, if applicable, the Note. Upon Closing, Seller shall cause Purchaser to be entered as the owner of the Membership in the Register of Members. The estimated date of Closing is within two (2) days following the expiration of Purchaser's cancellation period identified above. The Processing Fee set forth on page 1 hereof is the amount of Closing costs payable by Purchaser.

8. TITLE:

Purchaser understands and acknowledges that the basis for the Membership is certain real property interests (called "Resort Interests") in various resorts, hotels, and other vacation properties and that legal title and/or the Beneficial Use Rights appurtenant thereto is held in trust for the benefit of the Association and all Members, pursuant to a recorded Trust Agreement with Stewart Vacation Ownership/InterCity Escrow Services, the address of which is 6210 Stoneridge Mall Road, Suite 140, Pleasanton, CA, 94588 ("Trustee"). Seller has caused the Resort Interests to be conveyed to the Trustee, subject to the Trust Agreement and to the Declaration creating the Club, but otherwise free and clear of all blanket financial liens.

9. SECURITY INTERESTS:

Association's Securitv Interest. Purchaser, as debtor, hereby grants to the Association, as secured party, a security interest (the "Association Security Interest") in the Collateral to secure Purchaser's timely paymerrt of Assessments and Personal Charges and Purchaser's performace under the Club Instruments. The Association Security Interest shall, at all times, be junior and subordinate to the Seller Security Interest. Solely for purposes of this Paragraph 9, the Association is an intended third party beneficiary of this Agreement and is entitled to enforce the Association Security Interest granted by Purchaser hereunder.

Seller's Security Interest. If Seller is granting purchase money financing to Purchaser in connection with Purchaser's purchase of the Membership, then Purchaser, as debtor, hereby grants to Seller, as secured party, a purchase money security interest (the "Seller Security Interest") in the Membership and in all rights, benefits, and privileges appurtenant thereto as established in the Club Instruments and all rights, benefits, and privileges accruing thereto in the future, all replacements and additions to the foregoing, and all proceeds thereof (collectively, the "Collateral") to secure Purchaser's performance under the Note, this Agreement, and the Club Instruments.

FinancinaStatements. Purchaser irrevocably authorizes Seller and the Association, at any time and from time to time, to file in the appropriate filing office in any Uniform Commercial Code jurisdiction initial financing statements and any amendments thereto that provide any other information required by Part 5 of Article 9 of the Uniform Commercial Code of any applicable state, or such other jurisdiction, for the sufficiency, or filing office acceptance of, any financing statement or amendment, including (i) Purchaser's name, address, and social security number; and (ii) if Purchaser is not an individual, Purchaser's type of organization and any organizational identification number issued to Purchaser. Purchaser shall furnish any such information in writing to Seller or the Association, as the case may be, within five (5) calendar days after Seller's or the Association's request therefor. Each Person identified as Purchaser in this Agreement represents and warrants to Seller and the Association that on the date of this Agreement, he or she is domiciled in the state identified below his or her signature on this Agreement. Each Person identified as a Purchaser in this Agreement shall notify Seller and the Association in writing if he or she changes his or her state of domicile within thirty (30) days after such change. Such notice shall identify the state of such person's new domicile and his or her residential address therein.

10. COMPLETION OF CONSTRUCTION:

All Club Accomodations have been constructed and are available for use by Members pursuant to the Club instruments.

 

[Sou13]

Terms And Conditions 11-25

11. DEFAULT:

Purchaser shall be in default under this Agreement if he or she fails to pay on time, keep any promise, or fulfill any agreement or obligation contained herein or in any of the documents or instruments referenced herein. In the event of a default by Purchaser, Purchaser shall not be entitled to reserve, use, or occupy any Club Accommodation or to exercise any other rights, benefits, or privileges appurtenant to his or her Membership. If Purchaser fails timely to perform any of Purchaser's obligations under the Note, this Agreement, or any of the Club Instruments prior to or after Closing, Purchaser shall be in default hereunder. Upon the occurrence of any such failure, Seller shall give Purchaser written notice thereof, and if Purchaser has not cured the applicable failure within ten (10) days after Seller gives such notice (if Purchaser has failed to pay money), or within thirty (30) days after Seller gives such notice (if Purchaser has failed to perform or observe any other term or provision of the Note, this Agreement, or any of the Club Instruments), Purchaser shall be in default under this Agreement, whereupon Seller (or its successor or assign) may (a) enforce the Seller Security Interest in accordance with Article 9 of the Uniform Commercial Code in effect; (b) terminate the Membership and retain all amounts previously paid by Purchaser hereunder as liquidated damages and not as a penalty; and/or (c) pursue any other remedy available to Seller, at law or in equity.

If, for any reason, Seller is unable or fails to comply with the material provisions of this Agreement, then the sole obligation of Seller shall be to refund or cause Escrow Agent to refund (whichever is applicable) to Purchaser all payments previously made by Purchaser hereunder, without interest. Upon such refunds being made, this Agreement shall be deemed canceled, and all rights and obligations hereunder shall immediately terminate.

12. ASSOCIATION MEMBERSHIP:

Upon Closing, Purchaser will automatically become a Member of the Association. Purchaser agrees to be subject to and to comply fully with the Association's Articles of Incorporation, By-laws, and such Rules and Regulations as the Board may promulgate, as each such document may properly be amended and/or restated from time to time.

13. PURCHASER'S REPRESENTATIONS. WARRANTIES. AND ACKNOWLEDGMENTS:

Purchaser represents and warrants that the persons signing this Agreement have the legal capacity and are duly authorized to do so. Purchaser acknowledges that prior to or contemporaneously with signing this Agreement, Purchaser received, in addition to the contract and related documents, the Rules and Regulations of the Association, which is hereby incorporated herein by this reference, and Purchaser agrees to be strictly bound by, and to comply fully with, the terms, provisions, and conditions of such documents, as each may properly be amended or restated from time to time. Purchaser further acknowledges and represents that the Membership described herein is being purchased for Purchaser's personal use and not for its investment potential or any possible rent returns, tax advantages, depreciation, or other financial advantages and that no representations of any nature whatsoever have been made to Purchaser concerning investment potential, rent returns, tax advantages, depreciation, or other financial advantages by Seller or any of its salespersons or other agents. Purchaser understands that Seller has no resale or rental program for non-Seller owned Memberships and acknowledges that neither Seller nor any of its sales agents, employees, or other representatives has indicated that Purchaser will be assisted in the resale or rental of his or her Membership in the future. Purchaser represents that he or she does not intend to use any Club Accommodation as his or her principal residence. If Purchaser has chosen to finance a portion of the Purchase Price, then Purchaser acknowledges receipt of a completed Truth-in-lending Disclosure Statement, together with a copy of Seller's Privacy Policy, prior to executing this Agreement. Purchaser's acknowledgments set forth in this paragraph shall survive Closing.

14. EXCHANGE PROGRAM:

Seller and the Association have entered into an affiliation agreement with an independent exchange company under which it has agreed to offer its reciprocal exchange services to Members of the Club. Purchaser's participation in such exchange program is voluntary and subject to the payment by Purchaser of such fees as are required from time to time by the exchange company for external exchange services. Seller makes no representations concerning the current or future services to be provided by such exchange company, the cost, continued availability, success, or possible failure of the exchange program, or the Association's relationship with the exchange company. Any representations made regarding the exchange company by its agents or employees or within the literature, brochures, or videos prepared or provided by the exchange company are solely the representations of the exchange company and should not be relied upon as being the representations of Seller.

15. RENEWAL RIGHTS:

Seller and Purchaser hereby agree that the Purchaser shall have the option to renew and extend the Membership Term set forth on page 1 hereof for an additional ten (10) years if Purchaser notifies the Club in writing on a date at least twelve (12) months, but no more than twenty-four (24) months prior to the expiration of Purchaser's Membership Term. This renewal option is only available to Member or a member of Member's immediate family. The cost to renew and extend will be equal to the Standard Assessment payable by Member as of the time Member renews or a comparable amount determined by the Club at such time.

16. REFUND PRIVILEGE:

In the event that Purchaser cancels this Agreement during the five (5) calendar day cancellation period, not including Sunday if that is the fifth day, described herein, Seller will refund or cause Escrow Agent to refund (whichever is applicable) to Purchaser the total amount of any and all payments made by Purchaser, reduced by the proportion of any contract benefits the purchaser has actually received under the contract prior to the effective date of the cancellation. "Contract benefits" shall include, but not be limited to, the Exchange Directory and Leather Portfolio/Binder delivered to Purchaser at the point of sale. If these items are not returned before or upon cancellation, $79.00 shall be deducted from the refund. Purchaser must deliver written notice of such cancellation to NEVS at 135 E Hickory, Denton, Texas, 76201, United States of America. The cancellation will be effective upon the date postmarked.

17. WARRANTY LIMITATION:

Except as otherwise expressly provided herein, or by applicable law, Seller makes no warranties, express or implied, of any type whatsoever regarding the Club or the Club Accommodations, including but not limited to warranties of habitability, merchantability, or fitness for a particular purpose. Purchaser irrevocably waives each of the foregoing warranties. Purchaser assumes all risk and liability from the use of the Club or Club Accommodations.

18. NO ORAL OR WRITTEN REPRESENTATIONS:

Seller and Purchaser agree that this Agreement (including the documents and instruments incorporated herein by reference) embodies the entire agreement between them related to Purchaser's purchase and financing (if applicable) of the Membership and supersedes and replaces any and all prior negotiations, representations, agreements, and understandings, both oral and written, in connection therewith.

19. SURVIVAL OF AGREEMENT: ASSIGNMENT:

This Agreement and the agreements and covenants herein set forth shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors, assigns, and personal representatives, and the provisions of this Agreement shall survive the Closing and shall not be deemed merged into entry of Purchaser as owner of the Membership in the Register of Members. Purchaser's Membership cannot be sold, assigned, transferred, conveyed, or encumbered except in accordance with the terms, provisions, and conditions hereof and the other Club Instruments and in no event until Purchaser's Note is paid in full. Purchaser acknowledges that Seller has the right, in its sole discretion, to assign some or all of its rights and interests hereunder and, if applicable, under the Note. Purchaser may not assign any of his or her rights or interests hereunder. Purchaser's right to sell or otherwise transfer his or her Membership and the resulting update to the Register of Members are subject to prior approval by the Association and certain other requirements set forth in the Club Instruments.

20. SEVERABILITY:

The terms and provisions hereof shall be deemed independent and severable, and the invalidity of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof.

21. ARBITRATION:

In the event of a dispute between Purchaser and Seller with respect to Seller's performance hereunder, the matter in question may, in Seller's sole discretion, be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If a matter in dispute is referred to arbitration, Purchaser and Seller shall each pay one-half (1/2) of the fees and expenses required to initiate the arbitration proceedings. The parties agree, however, that the costs and expenses of arbitration, including attorneys' fees, shall ultimately be borne as determined by the arbitrator. The parties further agree that any arbitration proceeding in connection with this Agreement shall be conducted in Lexington County, South Carolina, and that the decision of the arbitrator with respect to any such matter in dispute shall be final and binding and dispositive of the respective rights and obligations of the parties hereunder.

22. CHOICE OF STATE LAW AND FORUM: WAIVER OF JURY TRIAL:

Except to the extent preempted by the laws of the United States of America, this Agreement shall be exclusively governed by and construed in accordance with the laws of the State of South Carolina without regard to such jurisdiction's choice of law rules. Subject to Section 21 above, any legal action or proceeding arising out of or in any way relating to this Agreement shall only be brought in an appropriate court of competent jurisdiction sitting in Lexington County in the State of South Carolina and the parties hereto, on behalf of themselves and their respective successors and assigns, hereby irrevocably submit to the jurisdiction of any such court and agree that venue properly lies solely in such courts to the exclusion of all other judicial and non-judicial forums. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, SELLER, PURCHASER, AND ANY OTHER PERSON CLAIMING RIGHTS OR OBLIGATIONS BY, THROUGH, OR UNDER THIS AGREEMENT SHALL BE DEEMED TO HAVE WAIVED ANY RIGHT THEY MAY HAVE UNDER ANY APPLICABLE LAW TO A TRIAL BY JURY IN CONNECTION WITH ANY SUIT OR LEGAL PROCEEDING THAT MAY BE COMMENCED BY OR AGAINST ANY OF THE FOREGOING PERSONS CONCERNING THE INTERPRETATION, CONSTRUCTION, VALIDITY, ENFORCEMENT, OR PERFORMANCE OF THIS AGREEMENT OR ANY OF THE CLUB INSTRUMENTS.

23. NOTICES:

Any notice that either party hereto desires or is required to give the other party under this Agreement shall be in writing and shall be deemed to have been duly given upon the earlier to occur of (a) its actual receipt; (b) three (3) business days after being deposited in the United States mail as first class mail, postage prepaid; or (c) one (1) business day after being sent via overnight courier service such as FedEx, addressed to the applicable party at its address stated herein or at such other address as the receiving party has previously notified the giving party in the manner prescribed in this paragraph. If Purchaser consists of more than one (1) Person, then notice to any of them shall be deemed to constitute notice to all of them. Unless and until written notice of an alternative addressee and address is received by the other party, the last addressee and address as stated by written notice or as provided herein shall be deemed to continue in effect for all purposes hereunder.

24. RECORDATION:

Purchaser shall receive a "Points Certificate" and acknowledges that this Agreement will not be recorded in the public records of any county or other jurisdiction.

25. HOLDER NOTICE:

ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR.

 

[Sou13]

Terms And Conditions Miscellaneous

26. MISCELLANEOUS:

The captions used in this Agreement are for informational purposes only and do not amplify or limit in any way the provisions hereof. Purchaser is advised to read each and every paragraph very carefully and not just the captions alone. Whenever the context so requires, the use of any gender in this Agreement shall be deemed to include both genders, and the use of the singular shall be deemed to include the plural, and the plural shall be deemed to include the singular. Time is of the essence of this Agreement and of each of the terms, provisions, and conditions hereof. No term, provision, condition, restriction, agreement, covenant, or obligation contained herein shall be deemed to have been abrogated or waived by reason of any failure by a party hereto to enforce the same, irrespective of the number of violations or breaches thereof that may occur. The exercise of any right or remedy provided by law and/or the provisions of this Agreement shall not preclude the exercise of other consistent rights or remedies unless they are expressly precluded hereby. Purchaser hereby grants Seller the right, in its sole discretion, to correct any scrivener's, typographic, or clerical errors in connection with this Agreement or any documents or instruments related hereto, provided that no such correction adversely affects any rights, benefits, or privileges afforded to Purchaser hereunder or thereunder or materially alters any duties or obligations of Purchaser hereunder or thereunder. Any such corrections shall be initialed by an authorized representative of Seller and shall be legally binding upon Purchaser, together with its successors and assigns, even though not initialed or otherwise acknowledged by Purchaser.

 

[Carolinian]

Hopefully, the AG will shut down these points scams for screwing timeshare owners out of their weeks. This scheme is very similar to ones being run by some very shady people in South Africa in terms of getting control of resorts. In South Africa that has led to some of those schemes then selling off resorts or individual units in resorts for their own profit, and leaving the timesharers high and dry. There is a lot of material on this on the Crimeshare site, but I am not sure where to find that now as OTE (Organization for Timeshare in Europe) has had a major campaign to shut it down as a result of some very embarassing material on OTE being posted there.

Any plan that pays you for your owned timeshare week in their own selfprinted points should be viewed as a scam and avoided. One that uses high pressure sales, doubly so. Any resort that lets such an operation onto their premises or gives them a membership list is violating their fiduciary duties to their members.

Hopefully the AG's can go after the individuals who give such groups membership lists and impose upon those individuals penalties so severe that it will deter others from doing this to their members.

 

[Sou13]

Here's the problem at Southcape

Here's the problem at Southcape:

Up until 1990 there were 5 members on the board of trustees. Three were for Condo I, which was nearly sold out, and 2 were for Condo II where the trustees had "developer rights" as spelled out in the Master Deed. But there is a separate Trust for Condo II and until 1990 Condo I and Condo II had their annual meetings on different dates. In 1990 when Barth & Woods bought the developer rights from Sateriale and DePamphilis, the two associations met together and combined the management under Barth & Woods. Sateriale and DePamphilis resigned and Barth & Woods took over as trustees for Condo II, but Condo I retained its original 3 trustees.

Someway, somehow, the board got reduced over the years to two trustees, Barth & Woods, and no votes were ever taken at annual meetings. Back in 1984 the owners had the opportunity to elect board members, but no more of that under Barth & Woods, and nobody can figure out why.

When Barth & Woods sold the "developer rights" to NEVSLLC we were advised that we would be getting contacted by Outfield Marketing to advise us about the "changes" at Southcape. What we learned is that Outfield Marketing is contracted by Festiva to sell us "conversions" to Festiva points.

Now here's the best part. Outfield Marketing owns 75% of NEVSLLC and there are two principals of Outfield Marketing now serving on the board of trustees. Previously there were only two, Barth & Woods, and the two principals were "appointed" according to Cliff Hagberg, the third board member and managing partner (25%) of NEVSLLC.

We've been advised that all of this is legal and all we can do is serve on an "advisory committee" of the trustees' choosing.

 

[Sou13]

New approach

When I was relaxing at Southcape over the Memorial Day weekend I was unable to find out what was showing on Comcast and went to the clubhouse to look at the TV listings in the local newspaper. When a woman came in and sat down on the couch, Beverly came out from behind the desk and went over to talk to her. The next thing I knew, she was calling me to come over and sit down across from her! When I questioned why I should have to do that, she explained that she was making appointments for owners to go see "Frank" in "Owner Services" in Unit 32! So now when you call (508) 477-4700 x 132 you get a message from "Frank" in the "Owner Services Department"!

So now Outfield Marketing is using deceptive means of getting owners to go talk to "Frank"! What next?

 

[Carolinian]

If they are lying about the resorts RCI status to stampede owners into Festiva, that would seem to be a solid case of fraud and grounds for setting aside any transactions that were made on that basis, and perhaps recovering other monetary damages as well, including attorney fees. I would list everyone who played a part or benefited as a defendant. Someone really needs to talk to a local attorney who knows the ins and outs of local law about helping the victims escape this scam that is being perpetrated against them.

It is just appalling that these people would deliberately misrepresent a material fact to induce the victims to enter into a transaction that is against their interests. That resort management is facilitating it raises questions about their fiduciary duties to the members.

 

[tombo]

If they are lying about the resorts RCI status to stampede owners into Festiva, that would seem to be a solid case of fraud and grounds for setting aside any transactions that were made on that basis, and perhaps recovering other monetary damages as well, including attorney fees. I would list everyone who played a part or benefited as a defendant. Someone really needs to talk to a local attorney who knows the ins and outs of local law about helping the victims escape this scam that is being perpetrated against them.

It is just appalling that these people would deliberately misrepresent a material fact to induce the victims to enter into a transaction that is against their interests. That resort management is facilitating it raises questions about their fiduciary duties to the members.

It is simply how they operate from what I have seen. Festiva buys enough inventory to take over the vote by voting in block and by using the proxies. Then they use lies and half truths to maximize the money they can make at the resorts they control.

Festiva purchased inventory and took over the HOA's and management at The Atrium, Church Street Inn, Southscape, and Blue Ridge Village. Every resort was operating fine when Festiva took over management since none were having the power shut off and none had employees paychecks bouncing. Once Festive took over they announced at every resort that the resorts had been operating at a loss for years so they were going to have to raise MF's. Then they announce that the resorts had no reserves so they were going to have to assess to get reserves (except for Blue Ridge Village where they announced that they would be able to start renovating using the reserves which will deplete them requiring an assessment to once again have reserves). Then they announce that RCI is requiring them to upgrade and renovate or they will lose their RCI affiliation

Everything I have seen Festiva do is use scare tactics to sell Festiva points, use scare tactics to raise MF's, use scare tactics to assess, and all of the scare tactics are used to put more money in Festiva's pocket. They become the mgt company for the resort. They raise MF's allowing them to pay the mgt company (themselves) more money. Festiva hires contractors to do renovations and upgrades with no bids or estimates being offered to owners to vote on. Before undertaking a a major renovation/upgrade, why would Festiva not get 3 sealed bids and present the bids to the owners to make everyone feel like they are working in the owner's best interests instead of Festiva's?. Not obtaining sealed bids gives Festiva great potential for monetary kickbacks, brother-in-law contractor deals, buying materials from friends at higher than available prices, etc costing owners money while enriching the Festiva Corporation. None of these activities make Festiva seem to be a good management company because Festiva can never operate a resort they acquire on the same annual MF's that the prior mgt companies kept the resorts operating on and they don't even do the basic things a good mgt company does like get several sealed bids on big construction projects. They have proven themselves to be poor managers of resorts with regards to cost containment and they have shown no regards for the wishes of owners at resorts they acquire.

Out of all of the scare tactics they use, the tactic that scares me the most is the fact that they appear to be greedy enough to continually raise MF's to the point where many owners will let their weeks go back to the resort. HOA owned units will be sold by Festiva but no MF's will be paid on those weeks. Festiva will continue to assess and increase MF's to cover the shortfalls left by fewer and fewer paying owners to the point where there aren't enough paying owners to keep our resorts operating. Then Festiva might take their profits and walk away leaving us holding the bag. That is just one of many reasons to be scared by what Festiva does and says.

From what I have seen so far Festiva feels no duty to look out for anyone's financial interests but their own.

 

[Sou13]

Intrusion on my enjoyment of my timeshare

What really got to me about the above approach was that, as I recall, I was having a conversation with Beverly about Comcast when the woman came in and sat down on the couch. Beverly acknowledged her but I didn't know who she was, and went back to the TV listings. I observed that Beverly went out from behind the receptionists' area and walked over to say something to the woman, but didn't hear what she said. What I did hear was that the woman was subsequently addressing me by my first name and asking me to come over to sit down across from her!

I balked at first but then decided to go over to find out what was going on. She had all kinds of paperwork making it look as though she's been very busy booking appointments, even though we were the only people in the clubhouse besides Beverly the receptionist. When she told me that she's been working at Southcape for only two weeks and that her job is to book owners for 15-minute appointments with "Frank" in "owners services" I commented that I've been a Southcape interval owner for more than 25 years and had never heard of "Frank" in "Owner Services"! At some point she actually let it slip out of her mouth that "Frank" actually works for "Outfield Marketing" but since I wasn't wearing a wire I can't accurately quote what she said and since NEVMSLLC has been monitoring these discussions I hesitate to give him another opportunity to accuse me of posting "untruths" and "misrepresentations" on these boards.

One correction has to be made to tombo's post. Festiva does not presently manage Southcape Resort. However, more than 200 deeded Southcape interval owners have signed their deeds over to "Intercity Escrow Services" since November, 2008. There are also nearly 1000 weeks not paying MFs or special assessments and if weeks are being sold as Cliff "capeguitarguy" Hagberg has told us both in the Southcape Resort discussion and at the "owners' meeting", where are the deeds for those weeks?

 

[Sou13]

Another Outfield Marketing tale

I've taken it upon myself to locate Southcape owners who have converted to Festiva points, to find out why they gave up their deeds. Here's the first "converted" owner's tale:

An 85-year old Mattapoisett musician who bought a week in 1084 was married at the time. When the marriage ended in divorce he acquired full title to Southcape but never used his week because the reason for owning it no longer fit his lifestyle. However, he continued to pay MF and see the MFs increase with no benefit to him.

When the Outfield Marketing sales rep came to his home he was told that there were going to be renovations that deeded owners would have to finance. He described an experience very similar to the one I had with Greg Hughes, onsite sales rep at Southcape at the time. It was also similar to the experience described in the following "Rip-off Report" article:

I purchased a biannual floating week with Med Resorts in 1999 (read headache) that was given to AVR to manage. In 2003 an outfield Marketing rep came and told the story that AVR didnt know what to do with the biannuals so they wanted us to convert to the RCI points program. AVR had been difficult to deal with so $3500 solved that problem.

October 10th Celebrity Resorts sent out a letter detailing their effort to keep AVR afloat with 'a loss of approximately 900,000 per year'. It mentioned specal assassments of an unknown frequency and questioned continuance of service. They also said that many may not want or afford to assist and anyone wanting to may cancel membership now.

February 21st the 'immediate action required' letter arrived. Verbatum: 'The primary purpose of these meetings is to educate all members of the significant changes with the Clubs affiliations, the Special Assessment, and the effects these will have on your membership interests. At the meeting the representatives will be able to answer your individual questions and go over your membership options.'

A seven night stay was offered as inducement, and two phone calls were made to assure attendance.

We arrived 1/2 hour early, was seated only 5 minutes before we were approached with what can only be described as a typical time share sales pressure. The first question was what our dues were. When we couldnt recall precisely and asked why, he said it mattered when we would be taken downstairs to be shown inventory on a computer. The next event was the rapid fire two columns of numbers on a piece of paper with how one was good and the other was bad. Being totally confused I stopped any foward momentun he had and demanded a little more information.

Celebrity resorts was attempting to remove a points debt load from AVR so they look better in court. Explanation: AVR was not paying RCI for the points used in the program between them. RCI was going to stop honoring AVR members points contracts after 2008. Any money paid by the purchaser for points was going to be lost. AVR would only be able to let you select from their three resorts.

He started discussing equity in what we do own and we weren't sure. I asked if we could get our paperwork and come back later and we were told that it was today or nothing. A Florida statute was referenced. Celebrity would allow us to use the equity as a down payment on one of their units as long as we sign off AVR.

Consenting to look at what they had to offer, we were given one property to look at. I requested a slightly higher unit and was told that the next higher unit was too much to offer us. As it was our equity was 1/2 the remaining balance of the unit we were offered. With the prospect of losing the flexability we like with RCI, we went for it. The transaction was put on an RCI credit card opened just for this purchase. (Six months interest free, Woohoo!)

When we got home, we found annual units in the same resort for sale on the market for the same cost as we just added to our original investment.

We are not happy campers.

Bill
Lindenwood, Illinois
U.S.A.
​

When I asked him what made him decide to sign the contract he told me that it was because he saw it as the lesser of two evils. Put out (he didn't recall how much) for the privilege of being able to walk away from timeshares whenever he stopped paying the annual MF, or continue to see ever-escalating Southcape MFs and special assessments. Since he had been paying for a week he wasn't using, the option of putting out the price of joining a club he would probably never use seemed to be the lesser of two evils.

Now that he has talked it over with friends he wants to know how to get out of the contract. He just so happens to have lawyers in the family who might be able to come up with some good advice for the rest of us who want to put an end to this slimy operation.

 

[Sou13]

Where are all the happy Festiva converts?.

I've been batting 1000 when it comes to finding unhappy Festiva converts.

The second one contacted me because a friend whom I found on a timeshares resale/rental site forwarded one of my messages to her. Here's her sad tale:

I was an owner at Southcape for many years but last November I was 'scared into" changing over to the Festiva point system. I was told by their representative that if I didn't switch (and 97% of the owners were switching) I would be faced with larger and larger special assessments and fewer and fewer owners to pay it. It was one of those deals that if you didn't sign on that day, it would cost twice as much in the future. Is there anything being done for us or is it too late?​

The third one happened to be in my local calling area and was happy to share his experience with me. He has owned the 4th of July week for more than 20 years and used or traded his week through RCI every year. But the Outfield Marketing rep came to his house and told him that he could expect $400 a year special assessments every year at Southcape, and since his MFs are already higher at Southcape than at two other RCI timeshares he owns, he like others got "strongarmed" into converting. The OM rep told him that his first year he would not have to pay Festiva MFs which turned out to be $700 for a red week, but the rep must have been referring to 2008 because he was told that he could not get the paperwork to cash in on his points until he paid the 2009 MF!

When he looked over the choices of resorts in the club, none of them were places he wanted to go, and he's not happy with I.I. Now he, too, wants to know whether he has any legal recourse against Festiva. I gave him my email address and am waiting for him to email me so that I can add him to my "Concerned Southcape Interval Owners' elist.

 

[Sou13]

Another unhappy convert found

The fourth Southcape owner I found who converted to Festiva and lives within my local calling area gave up two weeks, one float and one summer. These weeks were in her family since the Master Deed was registered with the Barnstable County Registry of Deeds. Her father was even on the Board of Trustees! But she, like the above unhappy converts, got "scared" into converting to Festiva. She was happy to talk to me and gave me her email address so that I can update her on all the developments since we found out what we've learned about Festiva, Outfield Marketing, NEVS, Cliff Hagberg, etc., etc. Her experience was similar to the others' in that she feels that she was deceived into converting and after looking over the contract and finding out that it's good for only 40 years, she's not happy!

Is anyone reading these posts as "happy" as Cliff Hagberg would have us to believe?