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Sandcastle P'town owners -Festiva

Hi Chris

Not at the advisory committee meeting, we have an awful lot to go over, but any other time, I'd be happy to meet with you.

Cliff
 
Hi Chris

Not at the advisory committee meeting, we have an awful lot to go over, but any other time, I'd be happy to meet with you.

Cliff
Well Cliff, what if I just come and listen as you have a lot to go over I might learn a lot.

Especially since, as an owner, I know nothing about this advisory committee, heard it through the grapevine so to speak - never got any mailing or notification, no elections were held, or if they were I didn't get a mailing/ballot. Don't know who the people are, if they are owners or not, how they were selected etc.

I think we should at least be allowed to attend and hear what is happening first hand.

Chris
 
Well Cliff, what if I just come and listen as you have a lot to go over I might learn a lot.

Especially since, as an owner, I know nothing about this advisory committee, heard it through the grapevine so to speak - never got any mailing or notification, no elections were held, or if they were I didn't get a mailing/ballot. Don't know who the people are, if they are owners or not, how they were selected etc.

I think we should at least be allowed to attend and hear what is happening first hand.

Chris

I don't think any of us are particularly comfortable about a closed meeting with a group of hand-picked representatives. If you want to hear what owners think, perhaps we should all be invited to this meeting.
 
I don't think any of us are particularly comfortable about a closed meeting with a group of hand-picked representatives. If you want to hear what owners think, perhaps we should all be invited to this meeting.

I'm willing to meet with your "group" anytime you'd like. Why are you unwilling to do that?
 
Supercilious

All the effort with the "emoticons" just adds up to disrespect and childishness.
 
I'm willing to meet with your "group" anytime you'd like. Why are you unwilling to do that?

First of all, our "group" isn't really a group as much as a loosely knit organization of deeded owners. We have no officers or leadership, at least for now, and exist for the sharing of concerns and ideas. The group consists of all deeded owners who have concerns about the Sandcastle, and, as I stated in my last posting, this is exactly who you need to be meeting with: all of us.

Also, keep in mind that we are scattered throughout the country, and most of us have full-time employment. We are not paid $10,000 per month to manage a resort, so dropping our lives and making a trip to Cape Cod is not that easy. I know that for me, the trip takes 7 hours by car and costs about $150 in gas and tolls. And that doesn't even take into account the expense of spending a night on the Cape.

I suspect that you were aware of all this when you issued your generous invitation. I don't pretend to speak for the other members of the group, but as far as I'm concerned, any meeting to discuss issues must be open to all interested deeded owners. And that means ALL deeded owners, including the ones whose identity are known only to you since you refuse to turn over the owners' list as required by law.

Do you really feel that you need a meeting? I'm pretty sure that by this point in time, you have a pretty good idea what the issues are. The time for talking about them has passed; it is now time to resolve them.

Michael Weinberg
 
We got the sales pitch

I'm a Sandcastle owner (week 37 and I'm posting this from my unit).

I'm concerned about what the changes at Sandcastle will mean to me as an owner and I don't have a crystal ball to figure out what's happening and what's best for me.

My intention is to return to Sandcastle each year. Same place, same time. (I even just found that some friends have been in P'town for week 37 for years.) Exchanges and points don't work for me. Obviously, I want to see the maintenance fees kept low enough so that it beats the cost of a one-week rental or a week in a B&B.

We got the sales pitch. We met with Mike who told us that the weeks system was an 8-track and points were a CD. Actually, I thought we had a gramophone and I was happy with that. As far as I could figure out, Mike wanted me to give him my 8-track for the honor of buying a CD player at full price. And I've have to whitewash the fence for Tom Sawyer.

Confused, I went hunting on the Internet. I hoped that this discussion on TUG BBS would be illuminating, but there's more heat than light. Further, some of Cliff's statements don't seem to jibe with what Mike told us.

For example, on this thread, Cliff said that his goal is to have a proper HOA, as should have happened 20 years ago. Mike said that they were hoping to convert 90% of the owners to points. Who owns the weeks that owners give up in exchange for Festiva points? Festiva? Does that mean that Festiva hopes to own 90% of the resort? What happens to the interests of individual owers if the majority owner is a corporation? Is Festiva trying to turn Sandcastle into a hotel? (I fail to see a meaningful distinction between using the points system and going to a hotel.)

We've thought about various possible scenarios. Is it the churn on units generating profit? Will units turned over for Festiva points be resold once they are upgraded (at a higher profit, obviously).

It'd be nice to know what Festiva's interests are, what Outfield's interests are, and what Cliff's interests are. Do they want people like me to get lost? If their interests don't align with mine, I'd like to know. Yes, I'd like some transparency. Cliff?
 
Check out Festiva on the Internet

If you want to learn about Festiva ... just Google Festiva, Outfield Marketing and read the horror stories. Festiva has run afoul of Attorneys General in numerous states. They are even in hot water with the Attorney General in North Carolina, where their corporate headquarters are located.

The deeded owners at Sandcastle have created a group on Google. There are over 160 people who are trying to get control of our resort back, re-establish our rights and enjoy what we have worked hard to pay for.

If you would like to join us please email Beryl Soparkar at BSopar@aol.com. Please request addition to the list and include your name, address, phone number, emai address, unit(s) and week(s) owned.
 
Response to Cliff Hagberg's claim to communicating with owners at Sandcastle Resort

This is being posted at the request of the Soparkar family, owners at Sandcastle Resort, so that you can fully understand Cliff's willingness to meet, communicate and cooperate with owners.


We in our family have not found it easy to get specific information , with evidential papers, from Mr. hagberg, even with advance notice of several weeks.
I wrote a detailed account of our family efforts to meet with Mr. Hagberg on Monday morning during our week 30 at the Sandcastle. This request was in response to Mr. Hagber's announcement at the April 25 owners meeting that any owner would be welcome to make an apointment and come into the office to see any records. I had first phoned for an appointment more than a month in advance of our week 30. The desk told me to email Mr. Hagberg for that appointment, and so I did. I got an immediate response from Mr. Hagberg asking me what I wanted to see. So I emailed back with a short list. He did not respond to this second email of mine. I therefore typed up the same email in letter form and sent it to him certified mail, return receipt requested.

The receipt came back to me. I then assumed that the meeting which I had requested for Monday morning of our week would be kept. My husband, two adult sons, and myself arrived Monday morning. Debbie said she knew absolutely nothing about any appointment, and Mr. Hagberg was not there. We argued, and she finally phoned him and then asked if we would please return on Tuesday. We did so, although it greatly inconvenienced our grandchildren's plans. On Tuesday, he sat and chatted with us in friendly manner, but showed us no documents which we had requested. He said, however, that those documents were easy to get for us, and we should return that afternoon or Wednesday, and he would have them for us. However, he did produce a little paper which he told us to sign, saying we would not copy in any way, or record or take notes on, any of the material we saw. We refused to sign such a paper, since what we had requested was stated in our deeds that we have a right to see such things. A couple of hours later, one of our rooms received a phone call message from Mr. Hagberg's lawyer saying that he wished to speak to us before we came to see the documents. We returned the call immediately, but we had to wait until late on Wednesday to hear from the lawyer again. On Wednesday, the lawyer said that that was the first he had heard of our request, and it would take him a few days to provide the materials (which Mr. Hagberg had said were easy to show to us). We said no, we would be leaving on Saturday and could not wait a few days.
As it was, our vacation week was torn with our inability to do things we wished to do with our children and grandchildren. Anyhow, the lawyer then said that he'd get the materials for us on Thursday afternoon. When we went at that time, the materials shown to us were few, not at all our original request or the lessened request we presented on Tuesday morning, two days earlier..
I wrote this report of our week trying to hunt down Mr. Hagberg and the documents he had said he would show to us. I sent that in email form to everyone on the owner list. This that I am writing now is done from memory, 6 weeks later. If there are any differences between this account and what I wrote two or three days after we got home on August 2, thent hat account is the more accurate. Son Peter then wrote up a very precise formal document which was sent to the Trustees through Mr. Hagberg, also a Trustee. That formal document is available to any who would like to see it. It is written by Peter Soparkar, on behalf of the entire family.
My point is that talking in a friendly manner may happen with Mr. Hagberg, but when the request is about specific information or soecific answers or to see documents which we believe from the deeds and Mass. laws that we are entitled to see, we run into difficulties. In our case, it took up the whole week, still to fail to get what we requsted - and with no apology to us. In fact, Mr. Hagberg was not even present by then. So I think this answers Mr. Hagberg quite clearly. Both my original email description of the week and Peter's more formal letter about it to the Trustees are available for any to see.
 
First of all, our "group" isn't really a group as much as a loosely knit organization of deeded owners. We have no officers or leadership, at least for now, and exist for the sharing of concerns and ideas. The group consists of all deeded owners who have concerns about the Sandcastle, and, as I stated in my last posting, this is exactly who you need to be meeting with: all of us.

Also, keep in mind that we are scattered throughout the country, and most of us have full-time employment. We are not paid $10,000 per month to manage a resort, so dropping our lives and making a trip to Cape Cod is not that easy. I know that for me, the trip takes 7 hours by car and costs about $150 in gas and tolls. And that doesn't even take into account the expense of spending a night on the Cape.

I suspect that you were aware of all this when you issued your generous invitation. I don't pretend to speak for the other members of the group, but as far as I'm concerned, any meeting to discuss issues must be open to all interested deeded owners. And that means ALL deeded owners, including the ones whose identity are known only to you since you refuse to turn over the owners' list as required by law.

Do you really feel that you need a meeting? I'm pretty sure that by this point in time, you have a pretty good idea what the issues are. The time for talking about them has passed; it is now time to resolve them.

Michael Weinberg

Hey, I have an idea, Cliff. Why don't you just call us all and schedule appointments to come to our homes and talk with us, just like Outfield tried to do last spring when they wanted to defraud us out of our deeds? I mean, you do still have that huge budget for "visiting owners personally" in order to make sure we are aware of "the important changes that have been going on at the Sandcastle," right?

mweinberg
 
Meeting

I'm willing to meet with your "group" anytime you'd like. Why are you unwilling to do that?

For the following reasons which you already know:

Because we live all over the United States and it isn't so easy.
Because you refuse to give us the owners list - so many will be excluded and we would like anyone and everyone to have the opportunity to attend.

And I am willing to come to the upcoming meeting and be quiet, just take notes etc. and LISTEN to all the 'so many things' that must be covered as you say.

SO WHY AREN"T YOU WILLING TO DO THAT?
Chris
 
Churning

I'm a Sandcastle owner (week 37 and I'm posting this from my unit).

I'm concerned about what the changes at Sandcastle will mean to me as an owner and I don't have a crystal ball to figure out what's happening and what's best for me.

My intention is to return to Sandcastle each year. Same place, same time. (I even just found that some friends have been in P'town for week 37 for years.) Exchanges and points don't work for me. Obviously, I want to see the maintenance fees kept low enough so that it beats the cost of a one-week rental or a week in a B&B.

We got the sales pitch. We met with Mike who told us that the weeks system was an 8-track and points were a CD. Actually, I thought we had a gramophone and I was happy with that. As far as I could figure out, Mike wanted me to give him my 8-track for the honor of buying a CD player at full price. And I've have to whitewash the fence for Tom Sawyer.

Confused, I went hunting on the Internet. I hoped that this discussion on TUG BBS would be illuminating, but there's more heat than light. Further, some of Cliff's statements don't seem to jibe with what Mike told us.

For example, on this thread, Cliff said that his goal is to have a proper HOA, as should have happened 20 years ago. Mike said that they were hoping to convert 90% of the owners to points. Who owns the weeks that owners give up in exchange for Festiva points? Festiva? Does that mean that Festiva hopes to own 90% of the resort? What happens to the interests of individual owers if the majority owner is a corporation? Is Festiva trying to turn Sandcastle into a hotel? (I fail to see a meaningful distinction between using the points system and going to a hotel.)

We've thought about various possible scenarios. Is it the churn on units generating profit? Will units turned over for Festiva points be resold once they are upgraded (at a higher profit, obviously).

It'd be nice to know what Festiva's interests are, what Outfield's interests are, and what Cliff's interests are. Do they want people like me to get lost? If their interests don't align with mine, I'd like to know. Yes, I'd like some transparency. Cliff?
When NEVMSLLC posted that "NEVS is selling weeks. If you'd like to purchase..." I accessed the BROWNtech Document Management Systems and looked for all sales by New England Vacation Services from Sept. 1, 2008 to present. The only sales were to INTERCITY ESCROW SERVICES!

I posted the entire history of sales and have noted that, while at first the "partial discharges" of the $2.5 million dollar mortgage were made to "Festiva Resorts" they are now being made to NEVS and then transferred to INTERCITY ESCROW SERVICES the same day, and that furthermore the return address is no longer given as
Bk-Pg:24034-148 Recorded: 09-15-2009 @ 3:23:42pm Inst #: 53037 Chg: Y Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Time Sharing Deed Doc$: 1.00
Desc: UNIT 32 TIME 1

Town: MASHPEE Addr: ROUTE 28

Gtor: NEW ENGLAND VACATION SERVICES LLC (Gtor)

Gtee: INTERCITY ESCROW SERVICES (Gtee)

Return addr: INTERCITY ESCROW SERVICES
6210 STONERIDGE MALL RD STE 140
PLEASANTON CA 94588​

Slick move but no weeks are being "sold" to timesharing weeks owners. What appears to be happening is that instead of discharging weeks directly to Festiva as in the first instance
DOCUMENT ABSTRACT
Bk-Pg:23537-176 Recorded: 03-18-2009 @ 10:05:13am Inst #: 13836 Chg: N Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Partial Discharge
Desc: UNIT 409 TIME 9
Refers to Book: 23138-185

Town: PROVINCETOWN Addr: ROUTE 6A

Gtor: COLEBROOK FINANCIAL COMPANY LLC (Gtor)

Gtee: NEW ENGLAND VACATION SERVICES LLC (Gtee)

Return addr: FESTIVA RESORTS
1 VANCE GAP ROAD
ASHEVILLE NC 28805

Recording Fee: 50.00 State excise: .00 Surcharge: 25.00​
...a more expensive route is now being taken because it now requires $200 in recording fees instead of $75! How is this benefiting the resorts?
 
Letter from CAC, Inc.

I have received a letter from Paul Schrader, Executive Director of the Consumer Assistance Council, Inc. (CAC), Hyannis, MA. I quote:

Dear Ms. Gallant,

I am writing in response to the complaint you filed with the Massachusetts Attorney General's Office against Sandcastle Resort/Festiva/Outfield marketing. Your complaint was sent to the Cape Cod Consumer Assistance Council (CAC) to attempt mediation.

Despite our efforts, the CAC was unable to resolve your complaint through mediation. I have been asked to return Sandcastle Resort complaints to the Attorney General's Office for further review and consideration.

The Attorney General's staff may be back in touch with you if they require additional information. We understand that this is a difficult issue and we appreciate your bringing your concerns to our attention.

Sincerely,
Paul Schrader
Executive Director

One thing that has either been omitted, overlooked in the writing of this letter, or not included are our complaints against NEVS LLC and NEVMS LLC. Now the CAC and/or the AGs office may be including them under the Sandcastle Resort name but I raise the question because I never filed a complaint against the Sandcastle Resort. I consider the resort itself separate from NEVS and NEVSMS about whom I filed complaints.

My concerns now are that these complaints will get lost in the AG's office ... stuffed into a box, desk drawer or file cabinet ... and nothing will come of all our pleas for help.

I am asking that everyone who filed complaints and others who are sympathetic to our cause write the Massachusetts Attorney General and encourage them, demand, plea, or beg those who have received our documents do something to stop the travesty that is going on at the Sandcastle and Southcape resorts.

The address is:
Massachusetts Attorny General
One Ashburton Place
Boston, MA 02108

In your letters please refer to the complaints filed by deeded owners and former deeded owners of timeshare intervals at Sandcastle Resort, Provincetown, MA and Southcape Resort, Mashpee, MA

There are many owners who are appreciative of any support and assistance others can provide us.
 
Contacts: Cape Cod Area Newspapers - Write to an Editor

For those owners who wish to have their voices heard in the local Cape Cod media, here are some resources:

Letters Editor,
Cape Cod Times
319 Main St., Hyannis MA 02601.
Letters may be faxed to: (508) 771-3292.
Editor in chief: Paul Pronovost, 508 862-1166
Editorial Staff: Newsroom staff list
Ombudsman: Jayne M. Iafrate

The Cape Cod Chronicle
60-C Munson Meeting Way,
Chatham, MA 02633
508-945-2220 • 508-430-2700
Editorial Dept.: 508-945-2220
Production Dept: 508-945-2228
Advertising Dept: 508-945-2229
FAX: 508-945-2579

The Barnstable Patriot
Submit Letter to the Editor
4 Ocean Street
Hyannis, MO 01206
Phone: 508-771-1427
Fax: 508-790-3997
letters@barnstablepatriot.com


The Provincetown Banner
167 Commercial St.
PO Box 977
Provincetown, MA 02657
Tel: 1 (508) 487-7400
Free: 1 (888) 782-2267
Fax: 1 (508) 487-7144
 
Contacts: Cape Cod Area Govt Representation - US Senators

For those who wish to voice their concerns to the Representatives in the Cape Cod Area or to our US Senators here are the contacts:

Senator Robert O’Leary
State House
Room 511B
Boston, MA 02133
Telephone: (617) 722-1570
Fax: (617) 722-1271
Robert.O'Leary@state.ma.us
DISTRICT REPRESENTED: CAPE AND ISLANDS.— Barnstable, precincts 1 to 9, inclusive, and 13, Mashpee, Provincetown,

MATTHEW C. PATRICK - Mashpee
State House District Office
Room 540 24 Collins Road
State House P.O. Box 3252
Boston, MA 02133 Falmouth, MA 02536
Telephone: 617-722-2090 508-540-6308
Facsimile: 617-722-2848
E-mail: Rep.MatthewPatrick@hou.state.ma.us
RepMattP@Cape.com

JEFFREY D. PERRY - Mashpee
State House District Office
Room 136 49 Route 6A
State House Post Office Box 1435
Boston, MA 02133 Sandwich, MA 02563
Telephone: 617-722-2396 Phone: (508)-888-2158
Facsimile: 617-722-2819 Fax: (508) 888-1179
Email: Rep.JeffreyPerry@hou.state.ma.us

SARAH K. PEAKE - Provincetown
State House District Office
Room 473F
State House
Boston, MA 02133
Telephone: 617-722-2210 508-487-5694
Facsimile:617-722-2239
E-Mail: Rep.SarahPeake@Hou.State.MA.US

US SENATORS - MA

John F. Kerry (Democrat)
421 Russell Senate Office Building
United States Senate
Washington, D.C. 20510
PHONE:
1-202-224-2742
FAX:
1-202-224-8525
E-MAIL:
john_kerry@kerry.senate.gov
WEB:
http://www.senate.gov/~kerry/


Paul G. Kirk, Jr.
Democrat - Massachusetts
317 RUSSELL SENATE OFFICE BUILDING
WASHINGTON DC 20510
DC Phone: 202-224-4543
Email: Senator_Kirk@kirk.senate.gov
 
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For those owners who wish to have their voices heard in the local Cape Cod media, here are some resources:

Letters Editor,
Cape Cod Times
319 Main St., Hyannis MA 02601.
Letters may be faxed to: (508) 771-3292.
Editor in chief: Paul Pronovost, 508 862-1166
Editorial Staff: Newsroom staff list
Ombudsman: Jayne M. Iafrate

The Cape Cod Chronicle
60-C Munson Meeting Way,
Chatham, MA 02633
508-945-2220 • 508-430-2700
Production Dept: 508-945-2228
Advertising Dept: 508-945-2229
FAX: 508-945-2579

The Barnstable Patriot
Submit Letter to the Editor
4 Ocean Street
Hyannis, MO 01206
Phone: 508-771-1427
Fax: 508-790-3997
letters@barnstablepatriot.com


The Provincetown Banner
167 Commercial St.
PO Box 977
Provincetown, MA 02657
Tel: 1 (508) 487-7400
Free: 1 (888) 782-2267
Fax: 1 (508) 487-7144

Chris, if you are working with any contacts at these papers, you may want to provide them with the link to this board so they can do a little research....it makes for an interesting story. A mystery at first, some great facts uncovered by owners, some wild postings under women and men's alias that all mysteriously came from the same IP address as Cliff Hagberg's...some claims by Cliff that have been factually challenged by owners. A key player who has been cited by the FCC for his role in marketing timeshares. A company who has been investigated by the AGs of several states. It's a treasure trove for any journalist who wants to spend a little time here.
 
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It can be done - Hanalei Bay boots out developer

Hanalei Bay timeshare resort in Hawaii is out from under the thumb of Celebrity Resorts and now in full control of its timeshare owners, after settlement of a lawsuit filed April 2009. Celebrity surrendered control of the HOA board and the owners agreed to a buyout of its current management contract. The new homeowner-run board contracted the management to TPI. Celebrity will still own the resort restaurant and will be able to sell or rent the weeks it owns at Hanalei Bay. Celebrity had purchased unsold inventory and developer rights from the original developer of the resort.

The key is organizing, getting a lawyer, and getting the matter in court.

Timesharing Today magazine commented ''Yes, there is a storm brewing and 2010 may turn out to be significant in terms of owners organizing and taking action"
 
Somebody need to reform the intire timeshare/vacation trading industry

It is awfull right now. something drastic has to happen to keep timeshares viable. Anybody want a free timeshare? There will soOn be lots of them. PEOPLE ARE WALKING AWAY FROM HOME MORTGAGES BECAUSE THEY ARE SO FAR UNDERWATED. pEOPLE WILL SOON BE RUNNING NOT WALKING AWAY FROM TIMESHARES IF SOMETHING DOESNT CHANGE11111111
 
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Hanalei Bay timeshare resort in Hawaii is out from under the thumb of Celebrity Resorts and now in full control of its timeshare owners, after settlement of a lawsuit filed April 2009. Celebrity surrendered control of the HOA board and the owners agreed to a buyout of its current management contract. The new homeowner-run board contracted the management to TPI. Celebrity will still own the resort restaurant and will be able to sell or rent the weeks it owns at Hanalei Bay. Celebrity had purchased unsold inventory and developer rights from the original developer of the resort.

The key is organizing, getting a lawyer, and getting the matter in court.

Timesharing Today magazine commented ''Yes, there is a storm brewing and 2010 may turn out to be significant in terms of owners organizing and taking action"
Here's the link to an article in TheGardenIsland.com: http://kauaiworld.com/articles/2009/10/09/news/kauai_news/doc4acede86743e7924716948.txt
 
Letter from the lawsuit filer: Sandcastle and Southcape

This has been given widespread distribution in MA:

Re: Southcape Resort & Club 950 Falmouth Rd. Mashpee, MA 02649, Sandcastle and Royal Coach condos, Rte 6A, Provincetown, MA

Dear Sirs:

This is being written in desperation. Ten thousand (10,000) Time Share Interval (TSI) owners in the above three (3) condominiums have been scammed out of their ownership of their common elements: Pools, Clubhouses, Tennis Courts, Physical Structures and all common areas by the confiscatory "take-over" of the three condos by individuals - two trustees- who have violated MGL St. #183-A and #183-B, the recorded condominium documents and the Mass. Corporate Laws as these pertain to the recorded condominium documents.

Incredibly, no owners of the intervals were given notice of the 2008 sale of their interests (ownership), as required by the condominium documents; the scheme came to light in March of 2009 when a special assessment notice was sent to all TSI owners. Amounts varied from $400 to $885 per interval owned. The anticipated revenue intended to be raised was in excess of $6,000,000.

Completely Illegal

I, as an owner for 27 years, have initiated legal action on behalf of the Southcape resort against the current "owner" of our interests- New England Vacation Services (NEVS) whose president is Clifford Hagberg. I am attempting to obtain owners names and addresses, as prescribed by the Master Deed and MGL St. #183-B. He has not cooperated to many attempts to get this information.

I, and others, have sent numerous certified letters to the Massachusetts Attorney General; she has not helped at all! It seems she believes this is a civil, not a criminal, matter. I believe that taking my property away illegally is less than civil and more likely criminal.

This letter is a plea. We need your help. We are denied information that is mandated in our documents that we need to regain our rightful ownerships.

Very Truly Yours,

Alfred J. Ewald, Southcape I, Unit 30.
 
An Open Letter to Cliff Hagberg

Although Mr. Hagberg has refused to answer correspondence from owners who have complained about his business, he does find time to make daily visits to this website. Therefore, I am posting a copy of this email which I sent Mr. Hagberg this morning in the hope that he will see it here and respond appropriately:

Dear Mr. Hagberg:

In your email dated October 5, 2009, you indicated that you would respond to my repeated questions and concerns through the office of the Consumer Assistance Council, because "to respond in any other forum would . . . be inappropriate." Yet just a week later, I received a letter from the Consumer Assistance Council stating that you had refused to cooperate with their mediation process. Since you will reply neither to my personal emails nor my official complaints, I can only assume that you have no intention of replying to the legitimate concerns expressed by a Sandcastle owner.

I had hoped that some time between then and now, you might have found time to reply to my concerns. You have, after all, found time to continue your daily visits to the Timeshare Users' Group bulletin boards to make sure that you're aware of what people are saying about you. I hate to think that these visits are funded by the exorbitant salary you draw for managing the Sandcastle.

I'd like to remind you that as trustee for the Sandcastle, according to both the master deed and Massachusetts law, you have a responsibility to me and to other owners. By refusing to answer questions, you are in breach of these responsibilities of trust. Therefore, I call on you to either answer my legitimate concerns as an owner or to step down from your position as trustee. I fully expect that as an owner, all of my questions and concerns will be addressed in a timely manner by the people who are legally entrusted with representing my interests. And I expect that all future questions will be answered as well. After all, had you been forthcoming with answers and information, no one would have felt compelled to complain in the first place.

Sincerely,

Michael Weinberg
 
And now for the TRUTH - Festiva Fees 2010

From: Festiva Resorts November 10, 2009

Dear Sir or Madam

This year has been an exciting year for the Festiva Resorts Adventure Club, but we sure aren’t sad to see it go. 2009 has been a tough year for nearly everyone and the Adventure Club is no exception. On the positive side, there have been some great additions to the Adventure Club this year and there are more to follow in 2010 and beyond. We would like to take this opportunity to update you on these recent additions and inform you of some exciting future additions and some unfortunate changes that may not be as pleasant.
Festiva Resorts has added four fantastic destinations for members to choose from. All are not available for your next vacation with the Adventure Club. From skiing in Maine to Mardi Gras in New Orleans, or from relaxing on the beach in one of America’s oldest cities to fall leaf watching in New England, the Adventure Club has made it available for you.
• Rangeley Lake Resort in Rangeley, Maine
• Frenchmen Orleans 519 in New Orleans, Louisiana
• Ocean Gate Resort in St. Augustine, Florida
• Southcape Resort & Club in Cape Cod, Massachusetts
During 2009 we heard feedback from many of our members that were not happy with the $89 multiple reservation fee that was charged for any stay booked after the first reservation transaction. We are happy to announce that effective immediately the $89 multiple reservation fee has been eliminated and there will be $0 charge for making multiple reservations.
Festiva Resorts has added nearly 4,000 new members to the Adventure Club through its sales efforts in 2009, bringing total membership to nearly 16,000 members.
We would also like to remind you that you may accelerate a future year’s allotment of points and/or rent additional points in order to complete any reservation.
Unfortunately the Adventure Club has seen the effects of the economic recession just as it has impacted many other industries, businesses and individuals. In 2009 we have seen an increase in delinquencies and defaults. As a result the Adventure Club is facing some very large deficits in 2010. In order to face those deficits head on and to ensure that the Adventure Club continues to fulfill its mission of providing superior products and services to its members, the maintenance fee structure is being adjusted to include nearly $1.7 million in expected bad debt and defaults. To be straightforward, that will result in an increase in fees for everyone. At this time the assessments have not been completed and we will not have the specific maintenance fees amounts available until immediately before your invoice is mailed. The Owner Services department does not have this information at this time.
Festiva Resorts passes this new along with sincere empathy as it has certainly felt the pain firsthand. Festiva Resorts (while under no obligation to do so) has subsidized the Adventure Club’s bad debt in an amount approaching $1 million during 2009 and will again contribute and estimated $1 million in 2010.
We mention the above contributions as we predict that the news of this increase could be met by accusations and rumors spread among members through various internet outlets or at the resorts. The facts are that people have been hit pretty hard during 2009 and quite simply many of them can no longer afford their home or their car, let alone their Adventure Club membership. To lessen the impact of this deficit on all members Festiva Resorts is going above and beyond its obligations by contributing $2 million in subsidies by the end of 2010 that otherwise would have been used to further enhance the Club and its resorts. We ask for your understanding and to come to terms with the fact that you the members and we the founders of the Adventure Club are in this together. We know that these economic woes will eventually pass and we also know that in order to protect your investment and ours all parties involved must act responsibly and face this burden squarely and completely.
We want to provide you with the facts and be as transparent as possible as you will be receiving your Maintenance Fee invoice by mail in the next few weeks. Again, we appreciate your understanding and have confidence that the efforts of responsible members like you along with those of Festiva Resorts will help to continually improve the Adventure Club program and its family of resorts. We look forward to servicing your vacation needs in 2010 and moving forward.

Sincerely,
Festiva Resorts Adventure Club
 
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