Ponzi scheme? Churning?
Posted to Southcape Resort P. 52:
NEVS bought on 9.4.2008 and now is selling to Festiva all the timeshare weeks on Units 32 thru 36. (5X52=260) These include all the 'red' weeks for these units, as well as the offseason weeks. In addition, they are selling an additional 290 timeshare weeks, mostly offseason, for a total inventory of 550 timeshare weeks.
Festiva representatives attending Southcape Resort and Club Community Association, Inc. annual meeting on 5.15.10: Rich Hartnett, Director of Sales operations, and Kevin Blockert, Director of Board Operations (the Timeshare Resort Operating Management)
Rich told us that Festiva currently owns positions in 30 resorts worlwide, and considers any property located on Cape Cod, as an attractive target. The aim of Festiva is to convert as many as possible of deeded timeshare weeks, into Festiva Resort Vacation Club Exchange Point membership. The point system works on a first come first served basis; those who register first, get a choice of the most desirable weeks. As the inventory of available weeks declines each year, club members get less and less desirable weeks.
There will be additional incentives for those who do not get desirable weeks; an additional week or two for free during the offseason weeks.
This enables the use of most of the offseason weeks, and solves a major problem for developers of deeded timeshare resorts. Vacation Club members pay an upfront fee, and an annual fee for as long as they remain as members. 30 or more resorts enables the operators greater flexibility in operating the resorts.
Every timeshare week owned by the Festiva Resort Vacation Club will pay the same maintenance paid by the other deeded timeshare owners.
Major concerns:
1. Rich said he expected that the deeded titles to timeshare weeks 'owned' by delinquent owners (those who have not paid the maintenance fees, the special assessment, and the penalties), approx. 650 owners, will become the property of Festiva, and will become part of the Festiva Resort Vacation Club Point System. Those timeshare weeks are a part of the Southcape Resort and Club Community Association, Inc., and it definitely would not be in the best interest of the deeded timeshare owners to allow the current self-appointed Trustees, to vote for such action. This would give majority vote to Festiva, and is illegal as it does not represent the best interest of the deeded owners.
2. Kevin told us that management fees would rise from the current 10% (5% under Bob and Vince) of the operating budget, to 13%, excluding legal and accounting fees. We are adding a layer of management to our very capable existing staff.
This doesn't make sense. If Festiva wants weeks at Southcape, why underwrite a mortgage for twice what NEVS paid for Southcape and Sandcastle/Royal Coachman and enter into some sort of confidential contractual agreement with NEVMS and Outfield Marketing to sell conversions of deeded weeks to points? Why not just offer to take deeded weeks off the hands of delinquent owners or owners who want out of their deeds? I for one would have considered signing a quitclaim for $1 if Festiva wants my week badly enough to pay the registration fees.
Furthermore, by negotiating a "sale" of the 550 NEVS weeks, Festiva will have to pay not only the "sale" price but a State Excise Tax which in the case of the $1.2 million sale of the unsold Southcape and Sandcastle/Royal Coachman weeks was $6,840.00 and has been subject to a rate increase since then if I'm not mistaken!
So now Festiva has paid New England Vacation Services $1,000,000 for the 550 weeks and 6,120.00 Excise Tax as well as underwriting a $300,000 mortgage to NEVS!
BTW I was mistaken about the sale price of the 550 weeks. I thought I heard $700,000 but that must have been in reference to something else. NEVS paid $1.2 million for the unsold weeks at two resorts and was then able to sell off the 550 Southcape weeks for $1 million! Furthermore, there was no need for a $2.5 million mortgage, since the $400 special assessment for renovations and upgrades was put on the backs of the deeded weeks owners, while Clifford Hagberg collected a tidy sum from both resorts for "administrative" fees!
So there you have it. This is how Festiva takes over resorts, and how Clifford Hagberg operates.