Peppertree Atlantic Beach I bankruptcy

[NC Air]

Link to shared photos:
https://onedrive.live.com/redir?resid=35EAE4456DBFA769!55454&authkey=!AHOMSE0UoC2aVhA&ithint=folder,

WOW WOW WOW
thank you SO much for posting all those pictures and videos of the progress at Peppertree

VERY encouraged by what I see. I think I'll actually get to use my Summer week at this rate.


Couple observations: I guess they have decided to keep the pool paid by bankrupt HOA for PHASE ONE separate from Phase TWO and THREE (judging from the complete lack of maintenance on the lonely pool). Weird, but I guess they have to do that. But who wants to sit in a lounge chair next to some nasty untreated water. "I'd like a special order of Zika virus, please."

They're going to need to spend ANOTHER million dollars on PAINT for all that new wood. LOL. Seriously, though. When you look at the new construction and repairs compared to the old wood, it definitely makes the old construction look that much more sketchy.

The stair well supports look like prison bars. WOW that's a lot of support. Guess that's permanent? That's the only thing I didn't like.

Everything is looking good. Very pleased with everything except the communication from official representatives. Thanks again for the report.

 

[Mulligan101]

Link to shared photos:
https://onedrive.live.com/redir?resid=35EAE4456DBFA769!55454&authkey=!AHOMSE0UoC2aVhA&ithint=folder,

Thank you for the update and pictures.

 

[Egret1986]

Thank you for the information and pictures

I wanted to post a update on my visit to the property.

All building permits have been issued.
Work on units 20-23 is nearing completion.
Units 15-19 will soon begin. Building materials have been delivered and will soon start.
Units 24-25 will be last.
I spent the weekend there and work is progressing quickly.
I will be sharing photos soon.
The area where the units were removed and the pool remains, is nothing more that a slim pond. In speaking with a ground crew member, they have no plans for that area.
I have lots of pics and will share. I am having a bit of a issue getting them posted on this site.
I will share more details of what I have learned but did want to at least provide this quick update.
Thanks

Link to shared photos:
https://onedrive.live.com/redir?resid=35EAE4456DBFA769!55454&authkey=!AHOMSE0UoC2aVhA&ithint=folder,

It is very much appreciated getting your perspective of the progress being made on the Phase II buildings.

 

[Shelleykc]

Update

Thank you for the update and please keep us posted.

As promised in a previous post, this is the continued update:

I was able to speak with Ms Cindy Oliver of Hendren & Malone PLLC, Attorneys at law (bankruptcy firm) in Raleigh, NC and found her to be interested in the timing of the recording of the two sets of deeds. She was also very helpful concerning some of my other Peppertree issues. She asked me to contact Ms. Harriett Worley at the NC Consumer Protection Division (under the NC Attorney General's Office) as Ms. Worley is already working the Festiva/Peppertree irregularities. I left a message as she is out of the office until 25 Apr 16. You may file a complaint online with their office.

We sought legal counsel through our local JAG (military law office), and he confirmed that we had evidence of deceptive business practices and that Festiva was in fact in violation of the Fair Dept Collections Act based as receiving collection calls from Zealandia Capitol representing Festiva (note: Zealandia Holding Company owns it all, Festiva, Patton Hospitality, Festiva Adventure Clue, Zealandia Capitol and who knows what else) since we had never received a bill asking us to pay a maintenance fee since ownership was conveyed.

We have retained local legal counsel to represent our two exchanged properties and that of one belonging to our son (three total). Please know that I am not soliciting, but only sharing the following information:

Mr Russell Alexander of the firm of Harvell and Collins in Morehead City, NC has approximately 30 Peppertree Clients with various issues that are currently being dealt with, some identical to ours, some very different. We inquired as to the possibility of a class action suite, while he could not confirm there would be one he also said it was not out of the question either. Here is his contact information: phone: 252-726-9050, email: ralexander@harvellandcollins.com. I have read where many of you have asked about the possiblity of a class action suit, so I would say that even if you do not wish to retain his professional services at this time, you may want to let him know that you would be interested in joining a class action against Festiva should a suit be filed later. I think 30 currently dissatisfied clients is a good start, since it only takes one to start a class action suit.

Another interesting finding through our attorney is that there should have been an option 4 given to Peppertree Phase I owners, and that was to do nothing and receive a share of any profit that was made after the payment of all debt from the sale of the Phase I property. And as all of the Phase I owners are aware, there was no such option made available to us.

 

[NC Air]

Another interesting finding through our attorney is that there should have been an option 4 given to Peppertree Phase I owners, and that was to do nothing and receive a share of any profit that was made after the payment of all debt from the sale of the Phase I property.

Hmmm... I can't imagine that Festiva/Patton/Peppertree would EVER think of a way to buy back Phase 1 property at pennies on the dollar, and rebuild something bigger and more profitable for themselves.

They are so slimy. I can just see them setting up some new shell company that isn't prohibited from selling and marketing to consumers in NC, to get around the recent legal judgement from NC State Attorney General Roy Cooper's office. They'll likely try and build some new high rise condo with three or four times as many owners.

Thanks for your update. I'm a phase 2 owner and it looks to be on track to get us back in for the summer, but definitely interested in piling on for any class action that comes up if it means sticking it to Festiva.

 

[Mulligan101]

Thanks for the update

As promised in a previous post, this is the continued update:

I was able to speak with Ms Cindy Oliver of Hendren & Malone PLLC, Attorneys at law (bankruptcy firm) in Raleigh, NC and found her to be interested in the timing of the recording of the two sets of deeds. She was also very helpful concerning some of my other Peppertree issues. She asked me to contact Ms. Harriett Worley at the NC Consumer Protection Division (under the NC Attorney General's Office) as Ms. Worley is already working the Festiva/Peppertree irregularities. I left a message as she is out of the office until 25 Apr 16. You may file a complaint online with their office.

We sought legal counsel through our local JAG (military law office), and he confirmed that we had evidence of deceptive business practices and that Festiva was in fact in violation of the Fair Dept Collections Act based as receiving collection calls from Zealandia Capitol representing Festiva (note: Zealandia Holding Company owns it all, Festiva, Patton Hospitality, Festiva Adventure Clue, Zealandia Capitol and who knows what else) since we had never received a bill asking us to pay a maintenance fee since ownership was conveyed.

We have retained local legal counsel to represent our two exchanged properties and that of one belonging to our son (three total). Please know that I am not soliciting, but only sharing the following information:

Mr Russell Alexander of the firm of Harvell and Collins in Morehead City, NC has approximately 30 Peppertree Clients with various issues that are currently being dealt with, some identical to ours, some very different. We inquired as to the possibility of a class action suite, while he could not confirm there would be one he also said it was not out of the question either. Here is his contact information: phone: 252-726-9050, email: ralexander@harvellandcollins.com. I have read where many of you have asked about the possiblity of a class action suit, so I would say that even if you do not wish to retain his professional services at this time, you may want to let him know that you would be interested in joining a class action against Festiva should a suit be filed later. I think 30 currently dissatisfied clients is a good start, since it only takes one to start a class action suit.

Another interesting finding through our attorney is that there should have been an option 4 given to Peppertree Phase I owners, and that was to do nothing and receive a share of any profit that was made after the payment of all debt from the sale of the Phase I property. And as all of the Phase I owners are aware, there was no such option made available to us.

Thank you for your update. It is encouraging to know that these Festiva irregularities are being looked into. I would definitely be on board for a class action suit.

 

[NeedsAnswersPABII]

As an update to an earlier post, painting is being done as the rails are being finished. It is apparently all apart of the same project.

Thank you for the information about the attorney. We will be calling him first thing Monday morning. We cannot forget that even though the repairs are finally being done, we have all lost and will continue to lose money on repairs that should've been made all along using our years worth of maintenance fees. We still believe that PABII maintenance fee money was mishandled and is now padding someone's pocket!! Also, the serious lack of communication has only made things worse for all of us! Just because they are FINALLY repairing our buildings doesn't mean they are out of the woods!!

 

[SheilaE]

Collection Letter Received from Zealandia

We are a PAB II owner but did not pay 2016 maintenance fees because...(won't reiterate it all here) Of course now the collection notice is coming from the Zelandia Capital (noted as a debt collector but we know they own Festive, etc.) with $170 collection fee tacked on. Have other owners who have not paid received same notification? How are you handling the collection?? - if you care to share.

 

[allsmiles277]

Good news for 20-23 building owners at Peppertree !!!

I have just come from Peppertree AB and taken some pictures. I also dropped by the Inspection's Office and they say a final inspection for Buildings 20-23 is coming very soon. It will be up to Festiva how soon the units can be occupied once this final inspection and final approval have taken place. I also found out the 3 year assessment is around 188 dollars for the next 3 years. I was disappointed because I thought this was double what I expected.

 

[allsmiles277]

It also looks like nothing has been done to buildings 17,18,19.24,and 25. I didn't look at buildings 15 and 16.

 

[NC Air]

I have just come from Peppertree AB and taken some pictures. I also dropped by the Inspection's Office and they say a final inspection for Buildings 20-23 is coming very soon. It will be up to Festiva how soon the units can be occupied once this final inspection and final approval have taken place. I also found out the 3 year assessment is around 188 dollars for the next 3 years. I was disappointed because I thought this was double what I expected.

if this nightmare can be over for 3*188 dollars, that's less than one extra annual maintenance fee. Less than I thought it would be.

I'm sure they'll get thru the other buildings quickly now that they have 20-23 done. Their Memorial Day weekend target is pretty doable, it looks like.

For anyone who hasn't paid their fee for this year because they're ticked about last year, you might as well go ahead and pay it rather than have it go to collections. Someone one here posted their collections fee is an extra $170 plus the AF, and I guarantee you won't get to use your 2016 week if you don't pay your fee. I'm frustrated but happy we're getting off so cheap if the $188 figure is correct.

 

[allsmiles277]

2016 Special Assessment 06/01/2016 $188.33 CHG $188.33

 

[allsmiles277]

That was copied and pasted from Festiva website.

 

[NeedsAnswersPABII]

It also looks like nothing has been done to buildings 17,18,19.24,and 25. I didn't look at buildings 15 and 16.

During my Visit, Phase II buildings 20-23 should be nearing completion. Through conversations with several town officials 15-16 will be next followed by 17-19. 24 -25 will be the last two. The supplies have been delivered to 15-16. Although this project will be quickly completed, there is still a case to be made for in-proper use of fee's we have payed throughout ownership.

 

[allsmiles277]

I just bought a week 26 in Section II for $1.03

Just bought a week 26 in Section II for $1.03 and Festiva is making the owners pay the 3 year assessment before it transfers into my name so I am really happy about that.

 

[NC Air]

2016 Special Assessment 06/01/2016 $188.33 CHG $188.33

so typical for these clowns.
I too show a balance due of 188.33 but with NO EXPLANATION or note or document included. I know what it is from being on here, but seriously, these people can't run a business and communicate with their customers to save their life.

When will we get official word this is 1st of 3, what happens if you don't pay, etc.?

 

[allsmiles277]

I would like to know if the points owners whoever the deed is named to be paid their fair share of this 3 year special assessment. I think a legal person should look at this and see what the truth is.

 

[bogey21]

I understand Owners' frustration with this situation. My observation is that a ruthless Festiva will prevail and that the best thing to do is suck it up, roll with the punches, pay up and pray.

George

 

[allsmiles277]

There are ways for owners to prevail. I would not care to mention any on this forum. Festiva and The Board should be very careful since owners know here they are. Owners will not just roll over and be made fools of. Festiva and The Board know what reality can truly be.

 

[allsmiles277]

where not here

 

[Kozman]

so typical for these clowns.
I too show a balance due of 188.33 but with NO EXPLANATION or note or document included. I know what it is from being on here, but seriously, these people can't run a business and communicate with their customers to save their life.

When will we get official word this is 1st of 3, what happens if you don't pay, etc.?

Did you see this bill on the web site? I have yet to receive a bill in the mail. When exactly is it due?

 

[allsmiles277]

I assume June 1

 

[allsmiles277]

Festiva and The Board are no better than domestic terrorists.

 

[allsmiles277]

Cars were parked in front of units in Buildings 20-23

I saw several cars parked in front of the area in front of Buildings 20-23 yesterday. I did wonder if people were staying in some units already even though the Inspection's Office has not given final approval. I didn't see any workers around. I was surprised 17-19 and 24, 25 were not being worked on but the posting said that 15 and 16 were being worked on makes sense now because I did not go and look at Buildings 15 and 16. I may go back to Peppetree and look again since I am going to be here for another 1 1/2 weeks.

 

[Shelleykc]

I would like to know if the points owners whoever the deed is named to be paid their fair share of this 3 year special assessment. I think a legal person should look at this and see what the truth is.

Since the NC Attorney Generals' settlement case allows for the Adventure Club owners some restitution AND to opt out of the contract, (and who wouldn't do so at this point in time). It appears to me that the deeded week owners have wrongly been left to shoulder the special assessment. In doing the math, 11 buildings x 6 units x 52 weeks = 3,432 individual units that should be assessed. However, if 3,432 unit owners pay $564.99 (3 payments over 3 years) that totals $1,939.046. That figure is well in excess of the" just over $1 million" quote relayed to us by the Atlantic Beach Member Services. So exactly who is in ownership of the remaining units? Peppertree? Festiva? Without seeing the paperwork for the financing of this project, how can we know the terms of this loan. Simple math tells me that at least 40% of the Phase II units are owned by some entity other than the deeded week owners. This same entity, while not paying for the improvements, are free to rent these vacant units to fill their coffers. AND IF, by some chance the unknown entity is paying its fair share of the assessment, what is the extra money being used for? More deceptive business practices by Festiva.