RCI Suspended Eagle Village Tamiment

[callwill]

You might want to ask also what there costs were for obtaining the legal title to those weeks obtained via deed back and forfeiture. Its not a free lunch.

 

[nellevad]

Ok, I have done a heck of research. That RTK form is apparantly only for government agencies. I had it ready to go, but think it will not hold any sway for the Board. What I did find is the Uniform Planned Community Act 68 PaC.S. §§ 5101-5414. Chapter 53 § 5320 states what items the Declarant (BOD) must delivery to the association. So, I am back to thinking we should send a letter of complaints about lack of communications and attach the following request. We each could draft our own personal exeriences with communications; then attach the request below and send it to the Board. They can reply through a formal mailing or the website ( like, ya know, most other timeshares do). Might get them to reactivate the defunct and dormant website. If they don't reply, then we have legal standing to take it further.

Uniform Planned Community Act 68 PaC.S. §§ 5101-5414

Chapter 53
§ 5320. Declarant delivery of items to association.

I, as a member of Eagle Village at Tamiment Time Share Association (as described in the Declaration of Conditions, Covenants and Restrictions and By-Laws, recorded Instrument #1982-6378, Code DB, Book 844, Page 267) request the following information from the Eagle Village at Tamiment Board of Directors, being that this information has not been provided to the Association in a complete or timely manner.

I, as a member in the Association, request the following information for the years 2020, 2021, 2022, 2023, 2024:

• Agendas and Minutes for Annual Meetings
• Annual letters to Association Members
• Annual Budget Reports
• Agendas and Minutes for all Special Meetings
• The total number of POA units/weeks that were owned by the board by December 31at the end of each year
• The amount of money in each and All Reserve Account at the beginning and end of each year
• The total money received through deed-backs for each year
• The total money received through forfeitures for each year
• POA membership list and addresses
• All correspondence with RCI regarding the conditions and upgrades requested or needed to remain in the relationship.

I also request:

• The names and titles of the current Board of Directors, terms in office as stated in Article 13, section e.,and contact information, other than through the office personnel - ex. Eagle Village E-mail or P.O. addres
• The names and titles of the most previous Board of Directors, terms in office as stated in Article 13, section e., and contact information, other than through the office personnel - ex. Eagle Village E-mail or P. O. address
• Pike County Recorded Instrument number, Book Code , Book number, and Page numbers of any and all Amendments to the Declaration of Conditions, Covenants and Restrictions, (as stated in Article 23, Paragraphs 1 & 2)
• The Management Agreement, salary and length of employment for the current Manager & Director of Operations, as stated and described in Article 16 in the Declaration of Conditions, Covenants and Restrictions
• Director's and Officer's Insurance policy provider, premium amount
• General Liability Insurance provider and premium amount
• The hours the Office will be open each week through the end of 2024.

What do you think?

 

[nellevad]

Cut and paste the following into a browser to read this chapter.

Chapter 53
§ 5320. Declarant delivery of items to association.

 

[Sammy1234]

Ok, I have done a heck of research. That RTK form is apparantly only for government agencies. I had it ready to go, but think it will not hold any sway for the Board. What I did find is the Uniform Planned Community Act 68 PaC.S. §§ 5101-5414. Chapter 53 § 5320 states what items the Declarant (BOD) must delivery to the association. So, I am back to thinking we should send a letter of complaints about lack of communications and attach the following request. We each could draft our own personal exeriences with communications; then attach the request below and send it to the Board. They can reply through a formal mailing or the website ( like, ya know, most other timeshares do). Might get them to reactivate the defunct and dormant website. If they don't reply, then we have legal standing to take it further.

Uniform Planned Community Act 68 PaC.S. §§ 5101-5414

Chapter 53
§ 5320. Declarant delivery of items to association.

I, as a member of Eagle Village at Tamiment Time Share Association (as described in the Declaration of Conditions, Covenants and Restrictions and By-Laws, recorded Instrument #1982-6378, Code DB, Book 844, Page 267) request the following information from the Eagle Village at Tamiment Board of Directors, being that this information has not been provided to the Association in a complete or timely manner.

I, as a member in the Association, request the following information for the years 2020, 2021, 2022, 2023, 2024:

• Agendas and Minutes for Annual Meetings
• Annual letters to Association Members
• Annual Budget Reports
• Agendas and Minutes for all Special Meetings
• The total number of POA units/weeks that were owned by the board by December 31at the end of each year
• The amount of money in each and All Reserve Account at the beginning and end of each year
• The total money received through deed-backs for each year
• The total money received through forfeitures for each year
• POA membership list and addresses
• All correspondence with RCI regarding the conditions and upgrades requested or needed to remain in the relationship.

I also request:

• The names and titles of the current Board of Directors, terms in office as stated in Article 13, section e.,and contact information, other than through the office personnel - ex. Eagle Village E-mail or P.O. addres
• The names and titles of the most previous Board of Directors, terms in office as stated in Article 13, section e., and contact information, other than through the office personnel - ex. Eagle Village E-mail or P. O. address
• Pike County Recorded Instrument number, Book Code , Book number, and Page numbers of any and all Amendments to the Declaration of Conditions, Covenants and Restrictions, (as stated in Article 23, Paragraphs 1 & 2)
• The Management Agreement, salary and length of employment for the current Manager & Director of Operations, as stated and described in Article 16 in the Declaration of Conditions, Covenants and Restrictions
• Director's and Officer's Insurance policy provider, premium amount
• General Liability Insurance provider and premium amount
• The hours the Office will be open each week through the end of 2024.

What do you think?

I think its great!!

 

[194725RR]

Ok, I have done a heck of research. That RTK form is apparantly only for government agencies. I had it ready to go, but think it will not hold any sway for the Board. What I did find is the Uniform Planned Community Act 68 PaC.S. §§ 5101-5414. Chapter 53 § 5320 states what items the Declarant (BOD) must delivery to the association. So, I am back to thinking we should send a letter of complaints about lack of communications and attach the following request. We each could draft our own personal exeriences with communications; then attach the request below and send it to the Board. They can reply through a formal mailing or the website ( like, ya know, most other timeshares do). Might get them to reactivate the defunct and dormant website. If they don't reply, then we have legal standing to take it further.

Uniform Planned Community Act 68 PaC.S. §§ 5101-5414

Chapter 53
§ 5320. Declarant delivery of items to association.

I, as a member of Eagle Village at Tamiment Time Share Association (as described in the Declaration of Conditions, Covenants and Restrictions and By-Laws, recorded Instrument #1982-6378, Code DB, Book 844, Page 267) request the following information from the Eagle Village at Tamiment Board of Directors, being that this information has not been provided to the Association in a complete or timely manner.

I, as a member in the Association, request the following information for the years 2020, 2021, 2022, 2023, 2024:

• Agendas and Minutes for Annual Meetings
• Annual letters to Association Members
• Annual Budget Reports
• Agendas and Minutes for all Special Meetings
• The total number of POA units/weeks that were owned by the board by December 31at the end of each year
• The amount of money in each and All Reserve Account at the beginning and end of each year
• The total money received through deed-backs for each year
• The total money received through forfeitures for each year
• POA membership list and addresses
• All correspondence with RCI regarding the conditions and upgrades requested or needed to remain in the relationship.

I also request:

• The names and titles of the current Board of Directors, terms in office as stated in Article 13, section e.,and contact information, other than through the office personnel - ex. Eagle Village E-mail or P.O. addres
• The names and titles of the most previous Board of Directors, terms in office as stated in Article 13, section e., and contact information, other than through the office personnel - ex. Eagle Village E-mail or P. O. address
• Pike County Recorded Instrument number, Book Code , Book number, and Page numbers of any and all Amendments to the Declaration of Conditions, Covenants and Restrictions, (as stated in Article 23, Paragraphs 1 & 2)
• The Management Agreement, salary and length of employment for the current Manager & Director of Operations, as stated and described in Article 16 in the Declaration of Conditions, Covenants and Restrictions
• Director's and Officer's Insurance policy provider, premium amount
• General Liability Insurance provider and premium amount
• The hours the Office will be open each week through the end of 2024.

What do you think?

Thank you for your amazing efforts. This is great!

 

[Sammy1234]

I think its great!!

I just reread your post and I am not sure a right to know only applies to government agencies. On the Pennsylvania Sunshine Website, it says, right to know can include boards, councils, authorities and committees, also says that to constitute a meeting it is any prearranged meeting where deliberation or agency business or where official action takes place. They also have to take meeting minutes and that would be something we would want would be copies of the meeting minutes. I also found a standard right to know form that I will attach.

 

[Sammy1234]

I just reread your post and I am not sure a right to know only applies to government agencies. On the Pennsylvania Sunshine Website, it says, right to know can include boards, councils, authorities and committees, also says that to constitute a meeting it is any prearranged meeting where deliberation or agency business or where official action takes place. They also have to take meeting minutes and that would be something we would want would be copies of the meeting minutes. I also found a standard right to know form that I will attach.

 

[Sammy1234]

Sorry wrong downloaded file. Let me find the right one

 

[Sammy1234]

Sorry wrong downloaded file. Let me find the right one

 

[Sammy1234]

Here is a standard right to know form.

 

[nellevad]

HOAs are considered private entities. The RTK Act , I am pretty sure, is for government agencies, both federal and local. Examples would be local town governments, fire department etc. Here is why I believe that.

 

[nellevad]

So, I am still willing to move forward on this. But, I think we all should send a letter with the request.

 

[194725RR]

Sounds good. To get clear on the actionable request, we are sending the wording that is in comment #352, which starts with "I, as a member..." and ends with "through the end of 2024". We should include a draft of "our own personal exeriences with communications". Is this correct?

Should we send it to: Eagle Village, 113 Bald Eagle Court, Tamiment, PA 18371?

Since they haven't responded to the PA Attorney General's office, nor our emails, phone calls, or voicemail messages, how can we be sure they will respond to our USPS-mailed requests?

 

[Sammy1234]

Sounds good. To get clear on the actionable request, we are sending the wording that is in comment #352, which starts with "I, as a member..." and ends with "through the end of 2024". We should include a draft of "our own personal exeriences with communications". Is this correct?

Should we send it to: Eagle Village, 113 Bald Eagle Court, Tamiment, PA 18371?

Since they haven't responded to the PA Attorney General's office, nor our emails, phone calls, or voicemail messages, how can we be sure they will respond to our USPS-mailed rreque

 

[Sammy1234]

I looked it up and I found that you should send it first class with proof of mailing and certified mail. The first class envelope gets delivered and the green card on the certified letter shows the address is correct. We also email them and that is definitely proof that it was delivered. Do you have an email address? If not, I will look for it. They have five days to answer you no matter what. They can ask for a 30 day extension to get the records, but after 30 days, or 5 if they don't answer at all, you can file an appeal with the Office of Open Records. If you do need that form, I will download it.
If you need any money towards postage, I would be happy to contribute. Just let me know.

 

[Sammy1234]

Also, I am a little uncertain too about do they fall under the reign of Open Records, but I am still going with since they had a public meetings and the meeting minutes have to be recorded, they would be considered public records.

 

[194725RR]

I looked it up and I found that you should send it first class with proof of mailing and certified mail. The first class envelope gets delivered and the green card on the certified letter shows the address is correct. We also email them and that is definitely proof that it was delivered. Do you have an email address? If not, I will look for it. They have five days to answer you no matter what. They can ask for a 30 day extension to get the records, but after 30 days, or 5 if they don't answer at all, you can file an appeal with the Office of Open Records. If you do need that form, I will download it.
If you need any money towards postage, I would be happy to contribute. Just let me know.

Thank you for this helpful response. Yes, please download the appeal form and add it to our thread. I can take care of the postage. Thanks for the kind offer and to you and Nell for all your hard work with research.

 

[Sammy1234]

Thank you for this helpful response. Yes, please download the appeal form and add it to our thread. I can take care of the postage. Thanks for the kind offer and to you and Nell for all your hard work with re

 

[Sammy1234]

Your welcome. Their email address is listed as: smills@eaglevillagepoa.com they also have a fax number of 570-588-6088. I will download appeal form tomorrow when I find it again.

 

[slarney77]

I definitely will be sending out that right to know letter, I've just received my second letter from Blackwell supposed to be coming in the mail today they have been calling me once every couple of weeks but I blocked their numbers just an observation if construction was happening at Eagle Village wouldn't they put it out there that's kind of a feather in their cap to let all the owners know since they're non-communication has really gotten them nowhere with most of us and just because the utility owns the pond doesn't mean they have to grant access to anybody normally they do allow use. Since reading the bylaws a lot of questions that I had about what was actually owned by Eagle Village has been clarified.

 

[slarney77]

When people bought the timeshares I'm just asking you did they give you a copy of the bylaws or did Eagle Village issue them I'm just asking cuz that would make sense because it seems the original owners had a lot more information and then the people who bought it after them I inherited my timeshare and all I knew was basically I'm week 40 and unit 10/22 I have no idea if that's a good one or a bad one or week 40 I assume is sometime in October but since we've owned it I have never once received anything more than a bill from Eagle Village that's it anytime I've called them it would be hit or miss. I have emailed them in the past and never received the response. It seems they're not forthcoming with any information that would be beneficial with the situation has the board members changed is one of the things I would like to see from the information I'm going to ask for or has the same board members been there for a long period of time

 

[nellevad]

Whenever you buy a timeshare, the Declarations, By-laws etc are to be given to you. If you buy it from the developer, you would definitely have gotten them. The problem is that many people buy from individuals who should pass those documents on but don't. Or people inherit, like you, and the documents have been lost. EV is not responsible for that, but should have given you the recorded book and page number in Pike County's recorders' office. I have the original documents because I bought from an individual who was a lawyer and he sent me everything...including his original bill of sale, promissory note and everything, lol.

In regards to the RTK, that form is definitely JUST for federal agencies. If we Ssent our request on that form, they can deny and ignore. But if we send it as a written request, they have to honor it through the Uniform Planned Community Act. Of course they probably will ignore it too, but then we have proof and can legally take it to the Consumers Affairs Office of the Attorney General. That is why I think we all should send the written request that I posted, along with a private letter stating we each will take it further if our request is denied. Specifically mentioned the PA law and the AGs office . Then when we report to the AG, we have the certified mail receipt as proof. This might presure them into sending out info to everyone. The law is Uniform Planned Community Act 68 PaC.S. §§ 5101-5414.

 

[nellevad]

As far as the pond goes, EV got a right to use privilege when Tamiment closed down and built the Recreation center. I have been trying to find where it is recorded and whether the utility company is also required to extend that privilege to EV. Maybe that should be in the request also....

 

[194725RR]

When people bought the timeshares I'm just asking you did they give you a copy of the bylaws or did Eagle Village issue them I'm just asking cuz that would make sense because it seems the original owners had a lot more information and then the people who bought it after them I inherited my timeshare and all I knew was basically I'm week 40 and unit 10/22 I have no idea if that's a good one or a bad one or week 40 I assume is sometime in October but since we've owned it I have never once received anything more than a bill from Eagle Village that's it anytime I've called them it would be hit or miss. I have emailed them in the past and never received the response. It seems they're not forthcoming with any information that would be beneficial with the situation has the board members changed is one of the things I would like to see from the information I'm going to ask for or has the same board members been there for a long period of time

I can relate. I inherited mine too. Only have the deed and the responsibility to pay the maintenance fee at this point. Hopefully we can all sort this out together so we can enjoy our vacation week as our loved ones intended for us and not just have a burden to deal with through no fault of our own. I think it's important that we continue to try to take action so we don't get stuck with perpetual fees or threats of harmed credit and potential additional property assessments. It is clear that inaction got the property to the condition it's in whether it was planned inaction due to financial constraints or unplanned inaction. We have to do what we can to protect ourselves and turn this situation around, hopefully to the benefit that it's meant to be.

 

[nellevad]

I will write my letter sometime this week and post it here. Anyone is welcomed to copy and use everything I post.