Open Letter to Massachusetts Attorney General Martha Coakley
With Shep's (Publisher of Timesharing Today magazine) permission I am forwarding the latest IAlert. I had written an Open Letter to Martha Coakley, Attorney General of the Commonwealth of Massachusetts, and sent it to numerous Massachusetts newspapers. Shep read the letter and asked if he could publish it in the current IAlert. Hopefully we will get some response and exposure.
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Uphill battles
Over the past several months, TimeSharing Today has held conference calls among various groups of owners trying to fight the loss of control of their owners associations, in-home sales during which owners were pressured to turn back deeded weeks and buy into a points program and other violations of resort bylaws. Some owners have filed complaints with their state's Attorney General, they have pleaded for help from their state representatives and one owner has filed a lawsuit to get the developer to turn over the list of owners as permitted under the resort bylaws. Action by the various agencies has been slow in coming.
Reader, Jean Gallant, sent the following open letter sent to the media that demonstrates the challenges owners are facing:
"An open letter to
Martha Coakley
Attorney General of the
Commonwealth of Massachusetts
Dear Attorney General Coakley,
Due to the inability to get any reaction, movement, help, or interest from your office I am resorting to sending this open letter via the press. You have citizens and other deeded owners of real estate who have sought your help in correcting an ongoing situation where the laws of the Commonwealth of Massachusetts are being broken and ignored daily. I don't know why you and your staff have not found our cries for help worthy of attention. I don't know if you think it is just a few people involved. I don't know if you have ‘bigger fish to fry'. Whatever the reason(s), you are wrong. I was raised to believe that the Attorney General upheld and enforced the laws of the Commonwealth. You are NOT doing this. Do you understand that there are in excess of 7000 people who are being viciously set upon every day? Do you understand that these same people are fearful about what the next thing they will have to face will be? Do you understand that these people thought they had bought a small piece of the Cape Cod pie and would be able to enjoy it? Do you understand that this is being taken away from us by greedy individuals who want all that we have worked hard to own? Do you understand these individuals are preying on the fears of thousands of senior citizens who only want to enjoy what is rightfully theirs?
Below I am AGAIN providing my last communication to you that has gone unacknowledged by your office. This letter followed multiple complaints and failed mediation. I implore you and your staff to please help us. The majority of the owners at these resorts are either retired or semi-retired. I can assure you that this is not what we envisioned for our retirement years.
October 19, 2009
Martha Coakley
Attorney General
Commonwealth of Massachusetts
One Ashburton Place
Boston, MA 02108
Re:
Complaints filed against
New England Vacation Services LLC
New England Vacation Management Services LLC
Outfield Marketing LLC
Festiva Resorts and Festiva Adventure Club
Attorney Coakley:
I am writing in response to a letter (see enclosed) I received from Paul Schrader, Executive Director, Consumer Assistance Council, Inc. (CAC) of Hyannis, MA.
Months ago I filed multiple complaints with your office about the above referenced entities and their actions at the Sandcastle Resort in Provincetown, MA. I am a deeded owner of a week interval, have been since 1982. At the time I purchased my unit I was a young, widowed mother with three (3) children. This interval represented an inexpensive way to treat my children to a vacation. Twenty-seven years later I am still a widow, am now a senior citizen who has semi-retired, and have three (3) children who have grown, work hard and are honest citizens. I still own my timeshare and it still provides a place for me to spend a vacation on Cape Cod. The only thing different is the new management/developer who has taken over the resort, who has denied me my rights as a deeded owner, who has charged me exorbitant fees and assessments, who has in the past and continues to break the laws of the Commonwealth of Massachusetts, who has installed a marketing company that uses high pressure, deceitful selling tactics, and the only selling going on at the resort is a point system that requires deeded owners GIVE their deeded property to Festiva Adventure Club (FAC) and, adding insult to injury, require they pay better than $3,000 for FAC to take the deeds. That is the reason for the complaints I have filed with your office and the Federal Trade Commission.
My complaints along with those of numerous other owners and former owners (those people who fell prey to the strong-arm tactics and deceitful marketing ploys of Outfield Marketing) were sent to the CAC to attempt mediation on behalf of the owners. From the letter I received it appears that those efforts have failed. The cases have been returned to your office for further review. All the complaints are still valid as business is continuing as usual for these companies. They still refuse owners their rights, they are still collecting monies illegally assessed, and they demonstrate no regard for the deeded owners who have worked hard to purchase and maintain their individual interval units.
The Sandcastle Resort ownership is made up of everyday, hard working people who have had their share of struggles, problems and heartaches through the years. The resort has provided us a source of peace and solace. Most of us have owned for 25 or more years, have reached the time in our lives where we can retire or semi-retire and enjoy all we have worked hard for through the years. These companies have taken that away from all of us. Now we face bills that frighten us. Here we thought we would have a place to spend quiet times, to bring our children and now our grandchildren to Cape Cod, and now we find we have nothing but fear and stress in regard to our timeshare units.
I am asking that you and your staff please read carefully the complaints, letters and reports pertaining to the Sandcastle Resort and, also, the Southcape Resort. This is another resort of older people that has been taken over by these same companies. Laws have been and continue to be broken every day by these entities. There are better than 5,000 owners (between the Sandcastle and Southcape Resorts) that have had their lives disrupted and negatively impacted by the actions of a few greedy, self-serving individuals. I hope that you and your staff are able to get beyond the words on the papers and understand what is happening to citizens of Massachusetts, New England and other parts of the United States and Canada. It is a sad day we people, who have worked hard, paid our own way and want to enjoy what we have paid for, have to be exposed to and frightened by these people.
In addition I ask that you and your staff take into consideration the fact that Outfield Marketing, Festiva Resorts and Festiva Adventure Club have run afoul of Attorneys General in numerous other states and countries, and the complaints are the same throughout these resorts. There is a similar problem ongoing in Maine involving Festiva Resorts. Another thing to consider is that three (3) of the principals of Outfield Marketing make up 75% of each of the Boards of Trustees of both the Sandcastle and Southcape Resorts. These people were not voted in by owners and have denied the rights of owners to serve on the boards as provided by the deeds and trusts."
TimeSharing Today's advocacy efforts are raising awareness and action is being undertaken, but more work remains to be done to get sorely needed results. Please support our efforts and the courageous owners who trying to make a difference. Email comments to staff@tstoday.com Subject: Advocacy.