Planet Hollywood TS [We are suing Westgate for breach of contract]

[DeniseM]

Are you saying that one can still make reservations through Westgate for the resort? (I honestly don't know.)

 

[PigsDad]

Timeshares are almost never "owned" by the management company, but isn't all of the resort now "managed" by Hilton?

No. The units that were bought as Westgate units are still managed by Westgate. Their MF bills come from Westgate. Booking is done through Westgate. Westgate units trade through II (HGVC units are through RCI).

Are you saying that one can still make reservations through Westgate for the resort? (I honestly don't know.)

You bet.

Bottom line is that HGVC manages the building, but owners of Westgate units have their own set of rules, policies, etc. that are completely independent from HGVC. It really is two different timeshares, from an owner's point of view. I think the people who say this doesn't belong in the HGVC forum are correct.

Kurt

 

[DeniseM]

Ok - then I will move it - thanks for your help!

 

[tschwa2]

No. The units that were bought as Westgate units are still managed by Westgate. Their MF bills come from Westgate. Booking is done through Westgate. Westgate units trade through II (HGVC units are through RCI).



You bet.

Bottom line is that HGVC manages the building, but owners of Westgate units have their own set of rules, policies, etc. that are completely independent from HGVC. It really is two different timeshares, from an owner's point of view. I think the people who say this doesn't belong in the HGVC forum are correct.

Kurt

HGVC does manage the building and manages the property. From the Letter to Westgate owners at PH Towers from Nov 2011 it looks like there is only one association (LV Tower 52, LLC) which is allowing/requiring owners who purchased through Westgate to make reservations through Westgate- until further notice but pay MF's directly to the new association. The new association -not Westgate, entered into an agreement with II to continue to allow exchange through II for owners who purchased through Westgate.

To me it sounds like the units could be offered an in and brought into HGVC at any time but the association currently has no desire to do so and is allowing/requiring and contractual obligations through Westgate to continue. Westgate for their part wants to be able to keep as many of the current owners in their system as much as they are allowed to in order to keep the property listed in their internal exchange system.

It seems to me though that it is pretty clear that HGVC mangages the property for everyone but contracts out the reservations for the purchasers who bought through Westgate.

LV TOWER 52
CONDOMINIUM OWNERS ASSOCIATION, INC.
(FORMERLY PLANET HOLLYWOOD TOWERS BY WESTGATE
CONDOMINIUM OWNERS ASSOCIATION, INC.)
GENERAL NOTIFICATION

Dear Member,

On November 21, 2011, LV Tower 52, LLC, an affiliate of Resort Finance America, LLC (“RFA”), a company with significant assets and experience in the timeshare industry, acquired Planet Hollywood Towers by Westgate, a Vacation Ownership Resort (the “Resort”).

Effective November 21, 2011, LV Tower 52 Management Co., LLC, an affiliate of RFA, has taken over management responsibilities for the Resort and the Association. In conjunction with the management change, the 2012 annual maintenance fee billing accompanying this correspondence will reflect new payment instructions. Please take note of these changes prior to making your payment. Also, please note that all payments relating to any outstanding mortgage financing pertaining to your timeshare interest will continue to be made as you have done so in the past. Current owners who purchased from Westgate Planet Hollywood Las Vegas, LLC (“Westgate”) should continue to make reservations for usage of their timeshare interests under the same process they have used in the past until further notice.

Effective December 15, 2011, the legal name of the Association has been modified from “Planet Hollywood Towers by Westgate Condominium Owners Association, Inc.” to “LV Tower 52 Condominium Owners Association, Inc.” This change was required as part of the shift from Westgate to LV Tower 52, LLC and the termination of Westgate’s licensing agreement with Planet Hollywood International, Inc. (“PHIl”). The licensing agreement with PHIl was terminated in conjunction with the execution of a Sales & Marketing Agreement with Hilton Resorts Corporation (“Hilton”), which will be responsible for future sales of timeshare interests in the Resort on LV Tower 52, LLC’s behalf. The Resort will also be rebranded as a Hilton Grand Vacations timeshare resort. Finally, the Association has entered into a new Association Affiliation Agreement with Interval International, Inc. (“Interval”) to ensure that all persons who purchased their timeshare interests in the Resort from Westgate will continue to enjoy their reciprocal exchange privileges at other Interval-affiliated timeshare resorts.

A Special Meeting of the members of the Association shall be held on January 26, 2012, beginning at 9:00 am at the Resort, located at 80 E. Harmon Avenue Las Vegas, NV 89109. The purpose of the Special Meeting is for the members of the Association to ratify the 2012 proposed budget, a copy of which is enclosed herewith for your review. You may attend the Special Meeting in person and vote at the meeting or you may vote by proxy by submitting the enclosed Proxy Form to the Secretary of the Association (Clifton Dugas) at or before the Special Meeting. Instructions for sending the Proxy Form to the Secretary are included on the Proxy Form. Ratification of the proposed budget will be the only business conducted at the Special Meeting.

Our collective goal is to make the transition as smooth as possible while continuing to allow you to enjoy the full ownership rights and benefits associated with your original purchase from Westgate. Additional correspondence will be forthcoming to provide owners with periodic updates regarding operations and improvements to the Resort.

Sincerely,
William T. Phillips
President
LV Tower 52 Condominium Owners Association, Inc.

 

[alwysonvac]

HGVC, Westgate and LV Tower 52 Association

Just some additional info from www.lvtower52association.com

From - http://www.lvtower52association.com/Portals/43/PDFs/Elara_Westgate_Owner_FAQ.pdf

As you may be aware, in November 2011, LV Tower 52, LLC (“LV Tower”) acquired a controlling interest in Planet Hollywood Towers by Westgate in Las Vegas, Nevada (the “Resort”) from Westgate Resorts (“Westgate”). Subsequently, LV Tower appointed Hilton Grand Vacations to rebrand the property and manage the Resort’s condominium association, now known as LV Tower 52 Condominium Owners Association, Inc. (the “Association”), including handling all maintenance fee and real estate tax collections, timeshare interest reservations, and on-site resort maintenance and operations.

On behalf of Hilton Grand Vacations, it is our pleasure to provide you with some additional information relevant to the ownership of a timeshare interest in the Resort that you purchased from Westgate (a “Westgate Timeshare Interest”). I want to begin by assuring you that LV Tower’s acquisition of a controlling interest in the Resort does not adversely impact the benefits that you receive as the owner of a Westgate Timeshare Interest, your Westgate “internal” exchange privileges, or your exchange privileges with Interval International (provided that you elect to remain a member of Interval International’s exchange program and pay all requisite fees associated with such membership).

The purpose of these FAQ’s is to try to answer some of the more common questions that you may have, to clarify the services that will be provided by Hilton Grand Vacations, and to ensure that you are informed of how to make reservations and otherwise deal with your Westgate Timeshare Interest in the future.

Q. If Westgate no longer has a controlling interest in the Resort, who is the Resort’s new developer?
A. LV Tower 52, LLC is the new developer of the Resort and is completely independent of Westgate.

Q: Will my ownership of a Westgate Timeshare Interest be adversely impacted by this change in the identity of the developer?
A: Quite simply, such change does not impact the title to your Westgate Timeshare Interest or the benefits to which owners of Westgate Timeshare Interests have always been legally entitled.

Q. Where should I send my monthly mortgage payments (if I financed my purchase through Westgate)?
A. Please continue to make your timely mortgage payments as you have in the past.

Q. Does the Resort’s connection to Hilton Grand Vacations mean that I will be receiving exchange privileges or reservation benefits at other Hilton Grand Vacations properties?
A. No. Only owners of timeshare interests in the Resort sold by Hilton Grand Vacations on behalf of LV Tower will be entitled to membership in Hilton Grand Vacations Club.

Q. Can I pay my maintenance fees online?
A. You can log in via the HGV Club website (hgvclub.com) and click on the Non-Member section that is to the right of the Member section (gray section). You’ll need your contract number, and you may have to set up the account.

Q. Can I convert my current Westgate Timeshare Interest to a Hilton Grand Vacations timeshare interest?
A. No.

Q. If I need help or have questions regarding the mortgage on my Westgate Timeshare Interest, whom should I contact?
A. Your mortgage is still being serviced by Westgate. If you have any inquiries regarding your monthly payment obligations or any related questions, please contact Westgate at: 866-281-8647.

Q. From where can I obtain information about the Resort or the Association?
A. Hilton Grand Vacations has established a website for all owners of timeshare interests in the Resort to view relevant details, news, and information regarding the Resort and the Association. Please visit this site at www.LVTower52Association.com.

Q. What are the new names of the Association and the Resort?
A. The Association’s name has been legally changed to LV Tower 52 Condominium Owners Association, Inc., and the legal name of the Resort itself is now LV Tower 52 Vacation Suites, a Vacation Ownership Resort. However, it is more widely known as Elara, a Hilton Grand Vacations Club.

Q. Can I still exchange my Westgate Timeshare Interest for accommodations at other Westgate resorts and resorts affiliated with Interval International?
A. Yes, please be assured that you remain entitled to your existing ownership and exchange privileges with Westgate and Interval International (provided that you have elected to remain a member of Interval International and paid all fees associated with such membership and provided that neither Westgate nor Interval International have made changes to their programs).
Please note: that if you want to request an “internal” Westgate exchange or an Interval International exchange, you must first begin with a confirmed reservation at the Resort by calling one of the following telephone numbers:
877-668-4482 Toll Free from the U.S. and Canada
407-722-3750 Direct worldwide

Q. What if I have questions about my Westgate Timeshare Interest such as time of use, amenities and benefits that might be associated with my specific unit type, etc.?
A. For any information about the Westgate Timeshare Interest that you purchased, please refer to the Resort and purchase documents that you received from Westgate at the time of your purchase.

Q. Can LV Tower or Hilton Grand Vacations assist me if I want to sell my Westgate Timeshare Interest?
A. No. Neither LV Tower nor Hilton Grand Vacations has a resale program for Westgate Timeshare Interests.

Q. Can I still exchange my Westgate Timeshare Interest for accommodations at other Westgate resorts and resorts affiliated with Interval International?
A. Yes, please be assured that you remain entitled to your existing ownership and exchange privileges with Westgate and Interval International (provided that you have elected to remain a member of Interval International and paid all fees associated with such membership and provided that neither Westgate nor Interval International have made changes to their programs).
Please note: that if you want to request an “internal” Westgate exchange or an Interval International exchange, you must first begin with a confirmed reservation at the Resort by calling one of the following telephone numbers:
877-668-4482 Toll Free from the U.S. and Canada
407-722-3750 Direct worldwide

Q. What if I have questions about my Westgate Timeshare Interest such as time of use, amenities and benefits that might be associated with my specific unit type, etc.?
A. For any information about the Westgate Timeshare Interest that you purchased, please refer to the Resort and purchase documents that you received from Westgate at the time of your purchase.

Q. Can LV Tower or Hilton Grand Vacations assist me if I want to sell my Westgate Timeshare Interest?
A. No. Neither LV Tower nor Hilton Grand Vacations has a resale program for Westgate Timeshare Interests.

 

[Raisa99]

Need an attorney to sue Westgate Resorts

Mr. Fuoroli - you have an excellent attorney. His pleadings are riveting and expressive of the frustration you must feel.

Good luck on your trial.

elaine

Hi,
I am in a similar situation. I already filed a claim with Mass Attorney General. They will try to arrange a mediation but I don't expect any productive outcome from it. May I please hire the Fuoroli's attorney to sue Westgate as well?
Thanks for your help in advance.
Raisa

 

[PamBan12]

Planet Hollywood- Westgate

We, too are 4 bedroom owners. It took us till 2010 to be able to book ANY time there. We have only been able to use it that one time. We kept being told that they didn't have any 4 bedrooms available. We have 12 kids, so we needed the 4 bedroom to sleep everyone.

We have been to Westgate in Park City recently. We can still trade within Westgate, which is another lie we were told when management was turned over to Hilton (that we could only trade within Hilton). We will be trading to PC every year. Unfortunately we paid off our loan on the timeshare or we would have figured out how to cancel it with all the lies we have been told. We heard all the lies about renting it out, etc. We have never had any luck with that, either. And the maintenance fees for us have also more than doubled!

Now, booking has been ridiculous! I get bounced around from place to place--Hilton, Westgate, Hilton, Westgate. Nobody seems to know what they are doing or what I can do.

Good luck on your lawsuit. I don't have as good of records as you do, or I would join you!

 

[pacodemountainside]

I am glad to see some one has the time and resources to sue Westgate, but tend to be in Fern's camp.

Interestingly, my GF did buy an event week, 52 guaranteed New Years and we did use.

The names mentioned sound familiar and do remember the count down clock.


We did get most of the lies that Plaintiff mentions, but contract and governing documents disavowed . The one nice thing about weeks 51 and 52 were that they passed on resale while all other weeks reverted to 60 day out booking. The blatant lie about Westgate being a great investment is permeated from Orlando, to Branson, to Vegas.

Anyway to make long story short GF got multiple myloma and could not afford her condo much less TS on Social Security disability. Told Westgate to insert loan where sun does not shine. They dinged her FICO score and called repeatedly. First wanted all MF and $1,000 and ended up just taking a deed back when she said filing bankruptcy.

OP, do keep us informed. If you are able to obtain substantial relief AND reimbursement of legal expenses I would bet the farm your attorney will have more business than he can handle.

I am sure anyone who can spend around $100 million on pad, screw over his sales weasels, etc. will appeal all the way to the Devil.

 

[Ridewithme38]

This will be an interesting lawsuit to watch. It appears that most of the arguement is that the salesman told them one thing, while the contract and/or actuality of it was something completely different.

I would LOVE to see a decision come down that holds the salesmen responsible for the outright lies they tell to make the sales. There is no other industry where that can be done.

 

[am1]

A side question: Before trying to purchase how much they or others willing to spend to consult a lawyer or even me?

I wish them luck.

 

[DeniseM]

A side question: Before trying to purchase how much they or others willing to spend to consult a lawyer or even me?

I wish them luck.

How much do you charge for a consultation?

 

[am1]

How much do you charge for a consultation?

Never thought of a price. I inform people I come in contact with for free. I doubt most people would be willing to pay much even if it would save them thousands and a lot of trouble.

 

[CO skier]

An interesting case even before the trial

For anyone who has made it this far, here is some more of the untold story of this case:

http://ia601203.us.archive.org/17/items/gov.uscourts.nvd.78311/gov.uscourts.nvd.78311.115.0.pdf

See "Motion to Strike" on page 3 for all the details. This breach of contract case has been ongoing for more than three years, and only recently has either party filed a legible copy of the contract in question. When Westgate filed a legible copy, the Plaintiffs attorney objected that the illegible version should be used. The court found this amusing, but rejected the idea.

The plaintiff's jury demand was stricken. This is a severe blow, as a sympathetic jury might be more receptive to the plaintiff's ordeal than a trial judge.

The "Conclusion" on page 7 provides some context going into the trial next week.

Westgate's (and most other timeshare developer's) business model is on trial here. Do they risk going to trial, or do they reach a confidential settlement with the Fuorolis before the trial?

 

[pacodemountainside]

For anyone who has made it this far, here is some more of the untold story of this case:

http://ia601203.us.archive.org/17/items/gov.uscourts.nvd.78311/gov.uscourts.nvd.78311.115.0.pdf

See "Motion to Strike" on page 3 for all the details. This breach of contract case has been ongoing for more than three years, and only recently has either party filed a legible copy of the contract in question. When Westgate filed a legible copy, the Plaintiffs attorney objected that the illegible version should be used. The court found this amusing, but rejected the idea.

The plaintiff's jury demand was stricken. This is a severe blow, as a sympathetic jury might be more receptive to the plaintiff's ordeal than a trial judge.

The "Conclusion" on page 7 provides some context going into the trial next week.

Westgate's (and most other timeshare developer's) business model is on trial here. Do they risk going to trial, or do they reach a confidential settlement with the Fuorolis before the trial?

As I read legal pleadings, this is a Breach of Contract Lawsuit, so each party pays respective legal fees! Not sure but looks like around $62,760 is at stake. Based on law firm I work with they would be billing around $250 a hour so over $10K spent so far and meter is running.

Yes, one only need to review Kendra Bowers lawsuit against Wyndham she posted here around 5 years ago. Even though she was pro-se they settled on Court House steps and she was sworn to secrecy! Not a betting person but if Westgate thinks 50/50 will probably settle. Shoot, they get TS back and resell, no big deal! Legal expenses are buried in G and A overhead.

Some thoughts on TS sales model!

http://www.insidethegate.com/2014/0...ampaign=Feed:+InsideTheGate+(Inside+the+Gate)

 

[Talent312]

... To me it sounds like the units could be offered an in and brought into HGVC at any time but the association currently has no desire to do so and is allowing/requiring and contractual obligations through Westgate to continue. Westgate for their part wants to be able to keep as many of the current owners in their system as they are allowed to...

HGVC has shown no interest in assisting Westgate-Elara owners find a home in HGVC's system.
I'm surprised that Hilton opted to get involved in a property populated with Westgate owners in the first place.
But they manage properties with non-HGVC owners elsewhere (SW FL, Myrtle Bch...), so they're used to it.



Sent from my KFJWI using Tapatalk 2

 

[TerriJ]

This brings up a question, who manages the check in process at the Elara? We stayed there in October and in all my many HGVC years I have not had such a bad check in experience. I had forgotten about it until I read these posts.

Maybe it was just a bad day, but they seemed totally out of control. And I don't think I ever received a survey from them.

 

[MalibuMike]

Trial Rescheduled for March 31, 2014

Thank You, yes Hans Baldau is a very good man, and has
done a very nice job of representing us. If anyone is looking
for a good person to represent them in timeshare litigation
he can be found at http://www.ashworthlaw.com

The trial has been rescheduled for March 31, 2014, as Westgate
put forth an emergency motion to bring Hilton in as co-owner,
and the judge at the last minute allowed discovery to be
reopened so Westgate could suck Hilton into the lawsuit.

So we will have to see if Hilton who bought it from Westgate
in 2011, will now be a potential joint tortfeasor ?

 

[MalibuMike]

There's Light on the Mountainside

Well, all I have to say is that when you act dishonestly
you do everything you can to stall things.

The facts you don't know is that we spent two years
trying to bring these things to Westgate's attention.
We started the process twice with them and in each
case Westgate shut down the process.

We even hired an advocacy business to forward our
problems to them and Westgate never responded.

We tried the state of Nevada and they investigated
and told us it was a civil matter.

This has been a five year process, not a three year
process. We tried to get them to meet with us about
the problems for two years, but had no other recourse
but going to court because Westgate never followed
through on talking about these matters let alone resolving them.

 

[MalibuMike]

Westgate Failed Us

I only wish I knew. This was such an easy problem
to solve and they never did. Westgate is to blame
for this 100%.

What does it take when you tell the company you
didn't get what you contracted for and they refuse
to even listen to what you are saying.

 

[MalibuMike]

It's In The Contract

The key is the contract. We have it in writing. They dispute that. It is there loud and clear and Westgate refused to honor it.
They breached the WRITTEN CONTRACT.

Yes, all the Westgate employees told us we had strip facing, highest floor for timeshare occupancy when released in December, New Year's Eve event every year, and a 4 bedroom grand. Yes they did tell us this.

We ALSO GOT IT IN WRITING as an addendum, a counteroffer to the contract and they signed and agreed to it.

 

[MalibuMike]

Hans Baldau

My attorney is Hans Baldau. He can be found at:
http://www.ashworthlaw.com/

 

[MalibuMike]

Fern, it is very easy. YES WE READ THE CONTRACT WE SIGNED.
We told Westgate right from the very first year that what we contracted for was not what they were giving us. It's all right in the contract.

I'm not talking about verbal promises Fern. I'm talking about written, WRITTEN agreement backed up with plenty of verbal promises, before, during and after the written agreement was signed.

I'm not feeble of mind Fern. In America there are many people waiting to cheat and commit fraud even when you have a written contract. Otherwise, why would I waste my time in court ?

I contracted for a 4 bedroom grand, strip facing, highest floor for timeshare purchase with the New Year's Eve event every year.

Pretty simple don't you think. Problem is that Westgate never read the contract they signed Fern. Imagine that ? Even worse, they started to resolve our problem in 2010, and again in 2011, and completely shut down the efforts after we had initiated them.

We allege fraud and they did commit fraud. It is in writing Fern did you get that ? If you believe that billion dollar corporations should not cheat honest hard working citizens who fulfill their part of the WRITEN PART OF THE CONTRACT then you understand that as an American you need to hold the wrongdoing Westgate responsible for damages for their wrongdoing breach of the Written contract.

 

[MalibuMike]

Heath the first thing you have to realize is that Westgate has changed their pleadings about 6 times. First they said we didn't have a 4 bedroom grand, then they said we did, then they said we didn't have New Year's then they did.

They lied to the state of Nevada in our complaint given in 2010. They have changed their pleadings and statements so many times.

Chen was their representative. Chen was present. Chen in deposition agrees to everything we have said. It is all on the Westgate tape during the signing.

Williams was their head of deeding. He has substantiated all our claims. Think it over Heath, what does it take to get someone to give you what you contracted for.

The property was paid off in the first six months over $140k. All we asked is that they give us what we contracted for, and they refused. We tried an advocacy group, we tried the state of Nevada. We tried to meet with them on several occasions and every time when the process was started, Westgate stopped the process and refused to follow-through.

So we had to sue them in Federal Court. It's all in the contract LOUD AND CLEAR. It's still America where you are supposed to get what you bargain for, not get cheated, mislead, and lied to even when you have it all in WRITING, signed by Westgate employee agents. What does it take ? It takes a lawsuit to compel them to do what they should have done five years ago. Guess, I will have to post all the "other" information so you don't have anything to yelp about. It's all there, we did the right thing then and are doing the right thing now.l

 

[Fern Modena]

Malibu Mike, Good luck with the lawsuit. Make sure you come back and let us know how it all turns out.

Had you ever owned a timeshare before? I ask because some of the things you mention simply don't make sense, regardless of the fact you were told they were so. Maintenance fees generally don't go down once more units are sold. It may seem to make sense to you, but the opposite is eventually true. The developer pays maintenance fees for the unsold units, so there is a fee paid on all completed units, whether sold or not. Many developers find ways to keep the fees low while the property is still in sale, making it cheaper for them and more attractive to potential owners. Once the developer is gone, fees go up.

I do have to say that if I were in your shoes, and had paid $140,000. for a week's timeshare, any week, and didn't get what I thought I was entitled to, I'd be upset. Heck, I'd be more than upset.

Fern

 

[tschwa2]

Also know that Westgate would rather pay their lawyers indefinitely than you.

In a case against former employees, where Westgate hadn't paid them, D.Siegal basically said "I'm not paying. Sue me." They did. Westgate dragged it out as much as possible and at the last minute settled for less than what was originally owed. Westgate made one of 12 payments promised in the settlement and then said "I'm not paying any more if you want it you will have to sue me again." They did and again Westgate dragged it out as much as possible and at the last minute offered another settlement that was less than the original one. The employees were tired of fighting and spending tens of thousands on lawyers so the settled again for less. Westgate hasn't finished paying on the settlement but has already started a lawsuit against those employees.