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Sandcastle P'town owners -Festiva

Sandcasle`s Festiva Complaint Group.

All taken care of. Welcome aboard.
Chris H

Hi Chris, I`m another one of those seniors thats been taken by FESTIVA. HOW CAN I GET ON THAT COMPLAINT GROUP AT SANDCASLE. Thank you, ARTHUR.
 
Once owners get control, there is a great poison pill to insert in your governing instruments to thwart sharks like Festiva / NEVS. In was used at Stouts Hill timeshare in the UK to thwart Sunterra, and was told to me by the HOA board member who proposed it at their annual general meeting (AGM).

Sunterra was working to buy out the remaining inventory and ''developer rights'' of the original developer of Stouts Hill. Fortunately the members already had voting control of their association, but they knew that Suntera would start up the pressure to ''upgrade'' (translation from Orwellian is ''downgrade'') members to points, which would give Sunterra an ever increasing block of votes at the AGM, much like Festiva / NEVS is doing. The members could see the handwriting on the wall.

The poison pill that solved it was very simple. An astute board member simply moved to amend the governing documents to only give each member one vote at the AGM regardless of how many weeks they owned. Thus no matter what Sunterra did, they would only have one vote in the AGM and not be a threat to take over.

Sunterra walked away from the deal with the original developer, much to the long term benefit of the resort.

Once, you take over the HOA, I would strongly suggest inserting this same poision pill in your governing instruments.
 
More Sandcastle 'upgrade' pics

If you haven't seen all the pics attached to the Boston Globe article at:

http://www.boston.com/business/articles/2009/12/29/new_owners_big_changes_at_provincetown_time_share/

click on the photo of Tom and Elaine, you will see additional photos of the repair of decks and work on the "Sunset room" - a 'common area' requiring an owners vote on any repairs or upgrades before they proceed according to the MGL 183A and was not done, even though owners requested Hagberg submit a ballot vote.

And more here:

http://www.sandcastlecapecod.com/PhotoGalleryDetails.asp?cid=2&pg=1002

shows updates to the Annex - not used in 5-7 years - a 'common' area requiring vote on any repairs. Vote requested - no response from Hagberg.

You'd think for this $105,000 (building permit amount) they could have done the upgrades in our units first and then worked on the "annex" when necessary repairs were completed at the resort- and were actually approved (or not) by the owners association.

Not the way it works with NEVS, LLC.

Chris H
 
More coverage of our story!

I just found this on a web search - its the Boston Globe article republished online on Cape Cod Today.

http://www.capecodtoday.com/blogs/index.php?blog=109
At least we are getting some additional exposure.

ChrisH
 
If you haven't seen all the pics attached to the Boston Globe article at:

http://www.boston.com/business/articles/2009/12/29/new_owners_big_changes_at_provincetown_time_share/

click on the photo of Tom and Elaine, you will see additional photos of the repair of decks and work on the "Sunset room" - a 'common area' requiring an owners vote on any repairs or upgrades before they proceed according to the MGL 183A and was not done, even though owners requested Hagberg submit a ballot vote.

And more here:

http://www.sandcastlecapecod.com/PhotoGalleryDetails.asp?cid=2&pg=1002

shows updates to the Annex - not used in 5-7 years - a 'common' area requiring vote on any repairs. Vote requested - no response from Hagberg.

You'd think for this $105,000 (building permit amount) they could have done the upgrades in our units first and then worked on the "annex" when necessary repairs were completed at the resort- and were actually approved (or not) by the owners association.

Not the way it works with NEVS, LLC.

Chris H

Perhaps a corporate derivative suit, where members sue for a corporate right that the corporation leadership itself refuses to, could collect the amount of these repairs that were not legally authorized out of the hide of NEVS.
 
Has anyone tried talking to some of the long term employees of the resort that were "laid off"? Sounds like some may have some info on really going on down there....
 
Has anyone tried talking to some of the long term employees of the resort that were "laid off"? Sounds like some may have some info on really going on down there....

And you never know what it may produce. A disgruntled employee was how one concerned owners group on the OBX got their resort membership list from the developer without having to press the developer with lawyers.
 
And you never know what it may produce. A disgruntled employee was how one concerned owners group on the OBX got their resort membership list from the developer without having to press the developer with lawyers.

Same happened at our one resort, too bad we didn't get a poison pill amendment however....
 
Doesn't anyone care?

I've compared the response from NEVS that was sent out as an email alert in October with the response on p. 15. It's nearly identical, expect for two sentences.

Why do you suppose the editors left off "Outfield sells both weeks and a points program. Outfield is not taking ownership in any deeds."?

I've also noted some inaccuracies in the articles. Is everyone happy with this, or doesn't anyone care?
 
Here's what was left out

I've compared the response from NEVS that was sent out as an email alert in October with the response on p. 15. It's nearly identical, expect for two sentences.

Why do you suppose the editors left off "Outfield sells both weeks and a points program. Outfield is not taking ownership in any deeds."?

I've also noted some inaccuracies in the articles. Is everyone happy with this, or doesn't anyone care?
Here's what was left out:
The claim regarding management fees is untrue.

Outfield sells both weeks and a points program. Outfield is not taking ownership in any deeds.

The claim that the expenses and assessment are in direct violation of the condominium documents are not true and has been reviewed by the attorney for the associations.

As to their final list of accusations:
-Ballot votes are not required by law and are entrusted to the trustees.
-Budgets are provided with the maintenance fee bill and any owner is entitled to review the financial statements in detail. We meet with owners all of the time.
-Contractor estimates, etc. have all been reviewed and approved by the board of Trustees as representatives of all the owners.
-Owners have not been “illegally hampered” in any way.​
I've noted that this is the same response that was sent as an I-Alert in October, with the above sentences left out.
 
New Pictures on Sandcastle Work

Here's the latest January pictures on ongoing work - in the common areas, which is still assumed to be illegal as the any work on common areas must be approved by owners. And it wasn't.

But NEVS doesn't follow the rules.

Makes up it's own.

http://www.sandcastlecapecod.com/PhotoGalleryDetails.asp?cid=2&pg=1005

If the link above doesn't work, open the Photo gallery on the home page.
 
LOOKING for Sandcastle owners who converted to FAC

Hi

Looking for Sandcastle owners who transferred their deeds to FAC and are not happy or are having difficulties after the transaction.

You don't need to post your personal information here, just reply to this message using the 'Private Message' feature.

Thanks
Chris
 
You can donate your resort

I'll share the basics of a timeshare donation experience just fyi that the "new" Sandcastle is not very admirable.

After several great years at Sandcastle, we decided to donate our weeks for several reasons including lifestyle changes, etc., combined with all the shady tactics going on. There are several legitimate charities that will accept the timeshares, but they know the market and will take your week(s) plus a cash donation and closing costs of about $300 per unit. It's costly, but does transfer the ownership and most is tax deductible. At least it was less expensive than the ripoff outfits that want $3500 to "sell" your timeshare, etc., and you wind up out the money and still have the timeshare.

It was a bittersweet decision. The recipients estimated the closing time at 60-90 days but ours took more than twice as long. Part of this was inefficiency and lack of return calls/faxes by the Sandcastle. The Sandcastle also charged a fee (ripoff), according to our closing company of $150 per unit to "transfer the name on the deed". This, according to our closers is 6 times the average of $25 !!!! We chose to pay this outlandish fee because we simply wanted it to end.

We will surely miss the Sandcastle as we knew it and I think if we were 20 years younger we would stick by it, although I think the fees will increase at an alarming rate. I guess we've become some of the "older" owners who just needed to move on.

In conclusion, it's an expensive option, compounded by what appears to be the Sandcastle's jumping at the chance to overcharge fees wherever they can. If you're considering donating, hope this info helps. You can Google donation prospects and many are registered with their local Better Business Bureaus. Two suggestions are Florida Veterans and Life Oasis for Children. I will follow the ongoing Sandcastle saga and hope the future holds some positive decisions and solutions for the owners.

Strummer
 
2010 Sandcastle Owner's Meeting Date: BE THERE!

Sandcastle Owner's

The Annual Meeting will be held on

Saturday, April 24, 2010 at noon

at the resort according to information provided by Cliff Hagberg.

This is the last Saturday in April.

Hope to see you there.

ChrisH
 
ANNUAL MEETING APRIL 24th, 2010 - NOON

Attention every Sandcastle Owner:

We have been told by Hagberg, after requesting the information, that the

ANNUAL OWNER' MEETING will be held on SATURDAY, APRIL 24th, 2010
at noon, at the SANDCASTLE RESORT.

No owner that our group is in contact with has received a notice of this meeting.

If you are an owner, or know other Sandcastle owner's

PLEASE plan on ATTENDING, and let other owner's know of the date and time.
 
Attention every Sandcastle Owner:

We have been told by Hagberg, after requesting the information, that the

ANNUAL OWNER' MEETING will be held on SATURDAY, APRIL 24th, 2010
at noon, at the SANDCASTLE RESORT.

No owner that our group is in contact with has received a notice of this meeting.

If you are an owner, or know other Sandcastle owner's

PLEASE plan on ATTENDING, and let other owner's know of the date and time.

Again, this is incorrect. Notice of the Annual Meeting was sent to all owners in the newsletter that accompanied the maintenance fee bill.
 
ANNUAL MEETING APRIL 24th, 2010 - NOON

I stand corrected. It was included with the MF some 8 months ago.

However, even though 6 pages of material came this past weekend from NEVS, supposedly sent to all owners,

there was NO reminder about the upcoming Annual Owners Meeting.

So if you got your MF bill in Oct or Nov 2009 and paid by January 30, 2010, you might no longer have that announcement from last fall.

A little courtesy goes a long way.
 
Re: choice of 2011 annual meeting date

When is the Sandcastle owners annual meeting? Is it the day before Easter???????????

Yessiree....
The day before Easter. I've attended every year since buying my first unit (I have 12 there) and this will be the first meeting I miss.....as is probably true for many other owners. The thing that really gets me is this: There are 5 Saturdays in April. In the last year that there were 5 Saturdays, I showed up on the 4th....only to find no one there....and was a given a hearty lesson in condo docs by then-manager Debbie Menangas who showed me that the condo docs called for the annual meeting to be held on the LAST Saturday of April...So I checked out early from the room I had rented intown, went home, and returned the next weekend.
This past January, I brought this disparity to the attention of the present manager, who phoned Cliff, and then gave me this rationale for the choosing of the 4th Saturday this April: One set of condo docs calls for the meeting to be held the LAST Saturday of April and this conflicts with another set of condo docs calling for the 4th Saturday in April. I was told that Cliff chose the LAST Saturday because he felt this would better fulfill the requirements of both condo docs.
Of course attendance will probably reach an all-time-low for an annual meeting.
 
Did anyone read a calendar before setting the date?

Yessiree....
This past January, I brought this disparity to the attention of the present manager, who phoned Cliff, and then gave me this rationale for the choosing of the 4th Saturday this April: One set of condo docs calls for the meeting to be held the LAST Saturday of April and this conflicts with another set of condo docs calling for the 4th Saturday in April. I was told that Cliff chose the LAST Saturday because he felt this would better fulfill the requirements of both condo docs.
Of course attendance will probably reach an all-time-low for an annual meeting.

April 23rd is NOT the last Saturday of the month ... April 30th is the last Saturday. April 23rd is the 4th Saturday of the month. So if what you posted is accurate, then the meeting should be on the 30th. It would seem that someone is the decision process did not read a calendar.

This is one owner who will be attending.
 
The NEW "FLOAT WEEKS"

Here's how the FLOATING WEEKS at SANDCASTLE work!

You have a deeded week to Sandcastle. Probably long ago paid in full. :whoopie:

Now you can PAY them to TAKE your DEED :ignore: and give you a Timeshare License instead. So far the payment have been about $3000 to $9000 range. Or they'll finance that for you. :eek:

Some examples of recent recorded transactions:
Intervals 26-35: Summer float - $5900 ND; Summer float - $3290 ND; Summer studio - $8900;

Intervals 21-25 and 36-41: Prime Float - Studio - $6295; Prime Float Studio - $6900; Prime Float Studio - $6900; Prime Float Suite - $3295*


Now until you sign here, on the dotted line, today and today only at this special offer price, YOU OWNED a deeded week FREE and CLEAR :whoopie:

ND = no designated on document;
*It is interesting to note that the Prime Suite cost less than the Prime Studio which doesn't make sense unless they are trying to get suite inventory.


By definition in the Mass General Laws - Chapter 183B Timeshare:

“Time-share license”, a right to the occupancy of a unit or any of several units during five or more separated time periods not coupled with a freehold estate or an estate for years."

Time-share estate. "Time-share estate" means any interest in a unit or any of several units under which the exclusive right of use, possession or occupancy of the unit circulates among the various time-share owners in the unit in accordance with a fixed time schedule on a periodically recurring basis for periods of or a specified portion thereof.

Freehold Estate: A freehold estate is an estate in which ownership is for an undefined length of time.


These are the categories:
Prime Float weeks = 21-25 and 36 -41
Summer Float weeks = Intervals 26 -35
Getaway Floating weeks = 9-20 and 42-48

And you can use your float week by making a Reservation, just follow these rules:

Reservations not more than 18 months or less than 7 days in advance of the requested period.

No accrual or carryover from the previous year.

No reservation can be made until all maintenance fees etc are paid up.
Bonus use: units not reserved 7 days in advance and deemed available, may be reserved 6 days (or less) in advance as a "Bonus" week by Getaway and Prime Float owners with a 'per diem' charge. I believe you can reserve these on a daily or weekly basis. No more than a total of seven bonus days may be reserved by any float week owner.

If you don't make a reservation, don't ASSUME :cool: you'll get your week. It's in the pool as far as I can tell. So call quick or you'll get week 9 and be at the beach in early February, if you can get there through the snow.

ANNUAL FEES are DIFFERENT: :shrug:
These are the 2010 figures listed in the document. They don't appear to by unit size but by season. You'll notice that a summer studio is $550 while current studios are $354, and summer suites are $750 while current suites pay $512 in maintenance fees, and weeks owners pay their maintenance fees according to the square footage and common areas as described in the Master Deeds and Trusts.

Studios: Getaway week = $250
Studios: Prime Float = $350
Studio Summer Float = $550
not $354
Suite: Getaway Float = $350
Suite: Prime Float = $550 not $512
Suite: Summer = $750
not $512

You no longer own your week. You no longer have a deed. Your Timeshare License will expire in 2059. Your grandkids won't have to worry about inheriting it.

Or you/they can rebuy it at a new price:wall: , to be determined much later I'm sure.

Details can be found at the Barnstable Registry of Deeds. Search for this Document:
NEW ENGLAND VACATION SERVICES LLC (AS TR)
Declaration Of Trust
10-13-2010
BK-pg: 24904-224
Pages in document: 17

To see recent sales type in: SANDCASTLE INTERVAL OWNERSHIP TRUST
 
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