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RCI Suspended Eagle Village Tamiment

Jcarb1951

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Thank you for this information. I'm going to contact an attorney. It can't be legal to demand that owners pay maintenance fees with threat of collection agency fines and credit rating damages while misappropriating the collected funds. If there's anything I can say publicly about further legal action, I will post it in this thread. The recent customer ratings on trip advisor speak volumes about what they're actually doing... apparently nothing but misusing property owner funds.
I agree! We received a collection letter and a phone call from Blackwell. Have no intention of paying them. Been paying for 30 years and the place is a dump! No one from EV ever gets back to you and no info whatsoever what is going on. At this point they can do what they like with our unit but they are not getting one penny more from us!!
 

194725RR

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That works out to be 2206 owned weeks. That is probably not a correct budget. I think the budgets have looked exactly the same over the past 3 years, so I assume they didnt really want to show the reduced budget. I am in Hollywood Florida right, without my computer. As soon as I get home I will look for past year budgets, which I think I saved. You could try googling PA realestate and land records for Pike County. The website you are looking for is an .org, not a third party website. Type in Pike, then search with Tamiment, or Wayne Newton, or Eagle Village POA. The by-laws are recorded some time in the early to mid 1980's I think. You have to sign up for actual access to the PDF, and pay a fee. This are the laws that the board has to follow, just incase anyone who is reading this doesn't know about them. It is not a sales contract. Sales contracts mean nothing. I have the by-laws and will try to copy them digitally. But give me time. It is half an inch thick. I haven't looked at the website in a while. I'll check it out.
Is this document helpful, page 18?
 

nellevad

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It certainly explains the reasoning of HOAs. But I wondering if that pertains to residential, year round ownership. EV, being a timeshare POA, probably falls under tha toot? I will get working on those by-laws as soon as I get home. I think it important to get them posted.
 

194725RR

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It certainly explains the reasoning of HOAs. But I wondering if that pertains to residential, year round ownership. EV, being a timeshare POA, probably falls under tha toot? I will get working on those by-laws as soon as I get home. I think it important to get them posted.
Agreed. It seems like we have enough first hand observations to lean towards closing. There appears to be no evidence of the Oakes Group taking any actions that we know of. There appears to be no major remodeling being done historically, currently, or planned for unit structures or appliances. On site staff seem to be just treading water and collecting pay. No one on site or on board is speaking up. If major plans were being made we would likely have been informed by now. If closing is agreed upon, it will take time to process the steps to prevent next year's maintenance fee from being mandatory. If we choose this path, it will present some communication challenges such as being able to reach each property owner and the board members. First, the bylaws will help us learn the correct steps. Thanks to everyone for their inputs. We have to function as a team and everyone is being very helpful toward reaching our common goal; deciding to keep the property open or close it, limiting our losses.
 

Black Diamond

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I was a part of the Apple Valley closing process and the sale of the property was profitable for me owning 2 week and being patient with the court ordered process.

Apple Valley Resort is voting to cease operations by May 2016. Options to owners is:
A) Continue operations and owners pay "Special assessment" of $2500+/-
b) Deed back now or after vote is taken to close or continue
C) Hold on to deed and share in proceeds following court ordered sale of all assets.

Which is the wise choice, for those involved at Apple Valley Resort?

ADVICE FROM OTHERS THAT HAVE GONE THROUGH A VOTE OF CEASE OPERATIONS.

Thanks in advance!

A $1 timeshare net me $2400+ after 20 years of ownership and use, at a reasonable annual MF. Not bad for a "Starter" resort in my own neighborhood of Ohio. I wish I could get that kind of gain in my retirement savings!!
 

Saworkman01

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I can only report on my observations at EV.
(In person)
1.no improvements to unit: unsanitary, roaches, dirty, stains, etc.
2. Non owners are now able to rent units to live as residents not TS owners.
3.No improvements at all to recreation center.
4. All the concerns and complaints in this forum are justified and not by photos posted from several years ago.This is by in person visits.
5. I respectfully question one individuals constant defending of the condition of Eagle Village. Excuses after excuses are ridiculous to post specially, when people are paying and not getting the service they should be provided.
Natalia, are you close enough to request All Board Contact Info and The Owner List in person at the resort? Owners should be legally entitled to this information upon request just like examining the books. The issue has been getting anyone to acknowledge a request has been made. Email and phone calls seem to go into the abyss. That info would be a huge help if we all want to push to close before the next assessment round comes up. At some point the Board should be trying to close out of Fiduciary Duty. Once it is obvious that continuing to operate is unreasonable and not in our best interest this should not be such a fight. I fear they use the pool/gym and won't want to close it nor will those collecting a salary at a place barely operating.
 

natalia

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Natalia, are you close enough to request All Board Contact Info and The Owner List in person at the resort? Owners should be legally entitled to this information upon request just like examining the books. The issue has been getting anyone to acknowledge a request has been made. Email and phone calls seem to go into the abyss. That info would be a huge help if we all want to push to close before the next assessment round comes up. At some point the Board should be trying to close out of Fiduciary Duty. Once it is obvious that continuing to operate is unreasonable and not in our best interest this should not be such a fight. I fear they use the pool/gym and won't want to close it nor will those collecting a salary at a place barely operating.
I am close however today I spoke with a professional familiar with this type of situation.
The recommendation is to have this type of request submitted in writing preferably by a legal professional to avoid any liability or possible disputes by said party.
 

callwill

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I am close however today I spoke with a professional familiar with this type of situation.
The recommendation is to have this type of request submitted in writing preferably by a legal professional to avoid any liability or possible disputes by said party.
Request in writing either in person or by mail keeping notes on when where how the request was made. If they fail to respond or decline to provide the requested information request it again as a freedom of information law request. If they fail to respond to that ask the States AG office to intervene.
 

Sammy1234

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I have been thinking there are 2 possibilites. Firstly, they may be planning on a special assessment. Secondly, they are filing for bankruptcy and making an offer to Highland LLC to buy the property. Regarding the first possibility: The POA has not been honest about the Reserve (if any) they have and the number of actual owners in their annual reports for years. I don't think there are enough owners anymore and a special assessment would be outrageously expensive. It would result in mass forfeiture of units by owners. I was there in 2021 and the buildings all need new roofs, exterior work and inteior make-overs. Regarding the second possibiity: Highland LLC owns everything that used to be owned by the old Tamiment Hotel, and more, including the old Mountain Laurel Center that is now Poconos Park, land across Bushkill Falls Rd., and even both lakes. I read "From the Roots" supposedly bought the old MLC, but I do not see a deed for that on file. You can read about it here: https://www.tnonline.com/20220615/developer-to-revitalize-former-mountain-laurel-site/ . The ski slope and golf course are still there, just badly overgrown. The adjacent residential development to the north, The Glen at Tamiment HOA, never finished developing what they own, and the last phase is overgrown and vacant. But that is not part of Highland LLC. So you can see that Eagle Village at Tamiment and Eagle Village Point (on Condor Dr.), which is that small development of townhouses just to the south of Eagle Village at Tamiment are in the way. Like I said, Highland owns both lakes. So EVT is a sitting duck.
PA OFFICE OF OPEN RECORDS has examples of how to request a rtk request.
 

Black Diamond

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Phone Calls from Blackwell Recovery?
I got 2 phone calls yesterday from the Blackwell Recovery, collection company from Concordia Services, I did not call them back and am not planning to pay any assessment for EV property that I can not use, trade, giveaway or sell due to current lack of operations.
Anyone else getting calls?
What are you telling them?
Why would EV be spending OUR money to drive away its last few owners/ customers??
What can we do as a group??
 

natalia

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Phone Calls from Blackwell Recovery?
I got 2 phone calls yesterday from the Blackwell Recovery, collection company from Concordia Services, I did not call them back and am not planning to pay any assessment for EV property that I can not use, trade, giveaway or sell due to current lack of operations.
Anyone else getting calls?
What are you telling them?
Why would EV be spending OUR money to drive away its last few owners/ customers??
What can we do as a group??
I have not received any calls as yet, but I know I will. I will not pay any further maintenance fees due to the many reasons posted on this forum.
No communications from EV except for a letter over three months (after) the RCI decision.
Poor and unacceptable conditions of the property.
The inability to reach anyone in the office and no responses to emails and voicemails.
Lack of honest,detailed information to owners concerning the finances of EV.
No credible details concerning how many owners are in default.
Finally,the unprofessional,rude conduct of onsite staff. (During check in or on the rare occasions when someone happens to be in the office.)
 
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LisaC

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Phone Calls from Blackwell Recovery?
I got 2 phone calls yesterday from the Blackwell Recovery, collection company from Concordia Services, I did not call them back and am not planning to pay any assessment for EV property that I can not use, trade, giveaway or sell due to current lack of operations.
Anyone else getting calls?
What are you telling them?
Why would EV be spending OUR money to drive away its last few owners/ customers??
What can we do as a group??
I feel the exact same way. I am just worried about our credit being ruined because of them being un-professional. I feel too they are pocketing our money as they are definitely not doing anything to improve.
 

194725RR

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A few questions:

1. Has any owner requested Board Contact Info and The Owner List per our thread? If so, what action should be taken with it and does it require an attorney to manage the action?
2. If an owner doesn't pay maintenance fees and owners vote to close, are they eligible for any sales proceeds or does non payment cause them to forfeit their ownership?
3. Has anyone located the bylaws of EV?
4. Should we take an informal vote to close in this thread?
5. Are there any other actions we should take as individuals or as a group to help owners resolve this situation?
 

natalia

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I feel the exact same way. I am just worried about our credit being ruined because of them being un-professional. I feel too they are pocketing our money as they are definitely not doing anything to improve.
While I certainly understand the issue concerning credit reports/scores this is how I am prepared to respond to the credit agencies if necessary:
All the reasons that both I listed and others.

(Credit agencies will investigate any disputes and since all details presented are true I have no doubt that there will be no need to go further.)
 

Sammy1234

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A few questions:

1. Has any owner requested Board Contact Info and The Owner List per our thread? If so, what action should be taken with it and does it require an attorney to manage the action?
2. If an owner doesn't pay maintenance fees and owners vote to close, are they eligible for any sales proceeds or does non payment cause them to forfeit their ownership?
3. Has anyone located the bylaws of EV?
4. Should we take an informal vote to close in this thread?
5. Are there any other actions we should take as individuals or as a group to help owners resolve this situation?
These are all very good questions. I can check with an attorney and see if they would be interested in possibly taking on this case. I would need to know how many people are interested in proceedings with an attorney and if the people who are interested would be willing to help with attorney fees.
We deserve some answers. This has been going on too long.
 

194725RR

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These are all very good questions. I can check with an attorney and see if they would be interested in possibly taking on this case. I would need to know how many people are interested in proceedings with an attorney and if the people who are interested would be willing to help with attorney fees.
We deserve some answers. This has been going on too long.
Sounds good. Since there are so many scammers in this domain, do you know of one that is vetted with honest ratings or references and knowledgeable about this task? Can they provide you with a free quote/consultation and a list of steps that they would need to take on our behalf?

It might be helpful for us to research what other properties have done in this situation. We should also circle back in this thread to the suggestion that if we can find EV bylaws we can determine the necessary steps to take for this particular resort. It might be as simple as contacting all the owners for a close vote. I'm guessing there must be some stipulation in the bylaws that says the board only has to contact us annually. Since they're getting rental income and salaries are still flowing, they may not be motivated to close the property expeditiously prior to the next maintenance fee requirement or additional assessment.

Based upon the information gathered in this thread, it seems like the property needs to close. The ideal new objective would then be for the property to be closed and sold so that remaining owners could get a share of the sale and no longer have to pay maintenance fees on a defunct property. It would seem that a local attorney would be able to assist in filing paperwork and helping with key steps.
 

slarney77

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I saw on a previous quote that eagle village is renting out units monthly as like an apartment or a low income housing if that's the case wouldn't that go against the property owners and all those properties why should a property owner have to pay maintenance fees if they're using it obviously for use that it was not intended for.
 

slarney77

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I get called by Blackwell at least twice a week I block all their numbers and they just leave messages they sent me a letter which I responded that eagle village broke the contract from lack of maintenance. The fact is they're only chorus is either try to get you to pay or try to take you to court. I find it quite interesting that eagle village went this way getting a collection company some people say this is the only way to make the owners pay but what does this tell you give somebody something that they want to pay for this is a money pit at this stage of the game there is no amount of money anyone would be willing to give to renovate to a company that does not even want to call you back only hear from them once a year that says give us money last year when Blackwell told me I owe them $185 extra because I was making payments I called eagle village and I was lucky to get somebody behind the desk who said that they all waved a fee if I paid them over the phone Blackwell will not tell you this because anything they get over what eagle village charges is their fees. This year I am not going to pay
 

mcara00

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Just fyi - I am no extinct this issue so this is just anecdotal. I was on the board for my community a few years ago (2008 financial crisis damage) when delinquency rates on mandatory HOA and community club fees were high. We looked into reporting delinquent owners to a credit agency and found that they were not very interested in credit information from a 1000 home community and country club - even if the amount totaled many 10s of thousands of dollars in fees and penalties from years of non-payment. There was also a substantial fee involved to be allowed to report. No guarantees, but if you only owe MFs, to EV, being reported to a credit agency isn’t a sure thing.
 

slarney77

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Does anyone else feel that John Oakes group being there at the meeting was just him feeling out how financially sound eagle village was or how cheap he could get it for if he holds out what is him being there a legitimate offer to help eagle village or was it him just scouting for a place to buy for the cheap
 

194725RR

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Does anyone else feel that John Oakes group being there at the meeting was just him feeling out how financially sound eagle village was or how cheap he could get it for if he holds out what is him being there a legitimate offer to help eagle village or was it him just scouting for a place to buy for the cheap
Since each party has to serve its own objective, ours being to optimize our position as owners reducing our potential losses and maximizing potential gains, it's safe to say that any third party with an interest in purchasing the property for any kind of new development could benefit from owners defaulting and giving up their property for nothing. Depending on the bylaws, I'm not sure if owners automatically give up ownership upon one or more maintenance fee defaults.

If a property sale was made, it would seem to be be in the interest of a buyer to maximize owner defaults and allow forcing owners hands to default using the legal means of a collection agency. It would be nice if a third party could help revitalize the property while current owners could benefit, but it may not serve a third party's objective to have nearly half the property owned with parties interested in getting the highest value for the sale.

It may not serve our objective to publicly reference any specific company or person.
 

Black Diamond

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Sounds good. Since there are so many scammers in this domain, do you know of one that is vetted with honest ratings or references and knowledgeable about this task? Can they provide you with a free quote/consultation and a list of steps that they would need to take on our behalf?

It might be helpful for us to research what other properties have done in this situation. We should also circle back in this thread to the suggestion that if we can find EV bylaws we can determine the necessary steps to take for this particular resort. It might be as simple as contacting all the owners for a close vote. I'm guessing there must be some stipulation in the bylaws that says the board only has to contact us annually. Since they're getting rental income and salaries are still flowing, they may not be motivated to close the property expeditiously prior to the next maintenance fee requirement or additional assessment.

Based upon the information gathered in this thread, it seems like the property needs to close. The ideal new objective would then be for the property to be closed and sold so that remaining owners could get a share of the sale and no longer have to pay maintenance fees on a defunct property. It would seem that a local attorney would be able to assist in filing paperwork and helping with key steps.
Check out my response about Apple valley Resort in Ohio that was sold at Sherriff auction.
 

194725RR

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Check out my response about Apple valley Resort in Ohio that was sold at Sherriff auction.
Thanks for your input. Is this referencing comment #280? What was the catalyst for the Sheriff auction? Was it some percent of owners in default? The property's income not meeting tax obligations? Something else? We're owner attorneys needed?
 

Black Diamond

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Sounds good. Since there are so many scammers in this domain, do you know of one that is vetted with honest ratings or references and knowledgeable about this task? Can they provide you with a free quote/consultation and a list of steps that they would need to take on our behalf?

It might be helpful for us to research what other properties have done in this situation. We should also circle back in this thread to the suggestion that if we can find EV bylaws we can determine the necessary steps to take for this particular resort. It might be as simple as contacting all the owners for a close vote. I'm guessing there must be some stipulation in the bylaws that says the board only has to contact us annually. Since they're getting rental income and salaries are still flowing, they may not be motivated to close the property expeditiously prior to the next maintenance fee requirement or additional assessment.

Based upon the information gathered in this thread, it seems like the property needs to close. The ideal new objective would then be for the property to be closed and sold so that remaining owners could get a share of the sale and no longer have to pay maintenance fees on a defunct property. It would seem that a local attorney would be able to assist in filing paperwork and helping with key steps.

Thanks for your input. Is this referencing comment #280? What was the catalyst for the Sheriff auction? Was it some percent of owners in default? The property's income not meeting tax obligations? Something else? We're owner attorneys needed?
The Owner Association followed the orders of the judge per Ohio Law to dissolve the TS ownership.

"There were 1581 interests, and 105 of what they called final AVRUOA accounts. (Apple Valley Resort Unit Owner Association)


I had an owner keeping me somewhat informed, but he was not in the group actually doing all the work. I'm curious as to how much title work needed to be done to establish the 1581 "interests".

You can google the Apple Valley Association, and see some letters/statements from back when the decision to dissolve was made, and it gave some numbers regarding paying and non-paying.

Total AVRUOA expenses after 1st Disbursement by the court: $851,614.20

I am re-posting this, with emphasis, just to hammer in the point of what it takes to dissolve a timeshare. This was a small, 32-unit one, too, and the process took 2-3 years."
copy and clipped posts from the old Apple Valley posts under "Eastern Resorts" posted march 2016ish.
 
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nellevad

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Yes, I agree with the above. It takes a long time to close a timeshare. Anyone who is not in good standing gets nothing from a closure. There must be hundreds of deeds that must be verified. I just went on the PA records site https://pikepa.avenuinsights.com/ and there are hundreds of weeks that have been dissolved through Resales Closings,LCC. As current as just last week. Considerations were around $3000. Is this a legit business? Is it a Vikiing Ship? I don't know. But they have recorded hundreds and hundreds of deeds. There can't be more than 40% ownership now. I have the By Laws and the Declarations of Conditions, Covenenats and Restrictions. I will attempt to attach them. But my advice is to let this play out for the year. Send letters by post, not email, requesting information, a special vote, etc. Keep sending, but dont expect a reply. No lawyer is going to make this go any faster. There are 2 ways this can play out. They will have to go bankrupt if they can't pay taxes, wages, utilites and such. We get a notice to hand in our deeds. Or they get an offer to sell to Highland Park or John Oakes before bankruptcy. I mentioned way back in earlier posts that Highland owns evrything, including the lake.
 
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