Sandcastle P'town owners -Festiva

[Conan]

Admitting I haven't read through this thread, can I assume that a fixed week owner still has the option of doing nothing apart from paying maintenance, and can continue to use, rent, or deposit to RCI?

 

[dunes422]

Yes, you are able to keep your deed

Owner's don't have to JOIN the floating weeks program.

Just pointing out some details. That may get missed during the sales pitch.

 

[Sou13]

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

I went to Barnstable County Capeview Internet Access and typed in SANDCASTLE INTERVAL OWNERSHIP TRUST and found that it's true, there's a sucker born every minute! To date seven Sandcastle owners have fallen for this new make-Hagberg-richer-quicker scheme/scam!

 

[dunes422]

It is TRUE

I went to Barnstable County Capeview Internet Access and typed in SANDCASTLE INTERVAL OWNERSHIP TRUST and found that it's true, there's a sucker born every minute! To date seven Sandcastle owners have fallen for this new make-Hagberg-richer-quicker scheme/scam!

You searched the referenced information and found it was true.

Where you expecting a LIE???: :ignore:

 

[ChrisH]

Another expense!!! that we're stuck with

Here's an article about the TV's that were ordered, $24000 deposit, company went bankrupt, and Sandcastle owners are out that money too?

Great job

This certainly wasn't mentioned at the Annual Meeting in late April

http://www.marketnews.ca/content/index/page?pid=8799

Groupe Dumoulin Granted Two-Week Extension of CCAA Protection

nevmsllc April 05, 2011, 16:15 pm
DuMoulin through their company Hotel Solutions USA took $24,000 from our resort as a deposit on 160 televisions. They did this after filing suit again Samsung for not being able to fill orders and never informed us. They kept leading us on about delivery right up until they filed for bankruptcy. Even after the filing, they kept reassuring us that we would get our deposit back. Now, they're claiming protection under U. S. Bankruptcy laws. All of this was done with the knowledge that they would probably not be able to fulfill our order and they took the money anyway. Nice people.

 

[e.bram]

Corrupt and/or inept management.

 

[Sou13]

Sandcastle auction

Forwarded by a Sandcastle owner:

"Hi we were just there in July we own week 29 that week on july 21 the provincetown banner in the classifieds listed the time share auction of sandcastle to be held on Aug 22 2011 and all the owners with the weeks and units how much they owe in arrears to be auctioned off in public."

 

[ChrisH]

Forfeiture Auction completed

The auction of forfeited/default units took place Mon., Aug 22nd. Approx 1100 units were offered.

There were only a handful of bidders for available units, the remainder of units were bid on and 'purchased back' by the Royal Coachman/Sandcaslte Resort Condominium Associations.

It only took 1 1/2 hrs to complete the sale of all those units/weeks.

 

[dunes422]

A fool and his money soon parted

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.

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 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:
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 , 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

Here's an update on the new Timeshare License offered by New England Vacation Services, LLC, Clifford Hagberg, Trustee, under his newer Sand Castle Interval Ownership Trust.

There has been an added amendment, under the Reservations/Bonus Weeks section.

Can be searched for and read via the Barnstable Registry of Deeds website, free access.

Forewarned is forearmed!!!!!!!!

Bk-Pg:25625-137
Recorded: 08-17-2011 @ 11:35:33am
Type: Amendment
Refers to Book: 24904-224

Town: COUNTY

Gtor:NEW ENGLAND VACATION SERVICES LLC (AS TR) (Gtor)

Gtor:HAGBERG, CLIFFORD (AS TR) (Gtor)

Return addr: SAND CASTLE INV TRUST
P O BOX 2847
HYANNIS, MA 02601

 

[Sou13]

I read the document. What does all this mean?

 

[ChrisH]

MA Consumer Affairs - Open Meetings Scheduled Worc/Spfld/New Bfd

I received this recent notice from the State Consumer Affairs Office, listing opportunities to meet with various state agencies,

and to file complaints with those agencies, if so desired.

Three locations: Worcester, Springfield and New Bedford
all on different dates.

'Dear Consumer:

In the past you emailed our office about a consumer question or complaint.

We want you to know that the Patrick-Murray Administration's Office of Consumer Affairs & Business Regulation will host three Consumer Days to provide Worcester, Springfield and New Bedford area residents with information about important consumer issues.

Representatives from the
Office of Consumer Affairs,
Division of Banks,
Division of Insurance,
Division of Professional Licensure,
Division of Standards, and the
Department of Telecommunications and Cable will distribute informational brochures, answer consumer questions and demonstrate online options. Staff from each agency will be on site to take and address complaints. Consumers who sign up for the Consumer Insider, our bi-monthly newsletter, will be entered into a raffle drawing to win a prize.

The schedule for Consumer Days is as follows:

Worcester
Worcester City Hall
455 Main Street - at the corner of Main and Front streets
September 15, 2011 rain date: September 22
9 am to 5 pm

Springfield
Tower Square
1500 Main Street
Downstairs outside the Dunkin' Donuts from 9 to 11, upstairs in the food court from 11 to 2
September 29, 2011 (no rain date: indoor venue)
9 am to 2 pm

New Bedford
New Bedford Public Library
613 Pleasant Street
October 13, 2011 (rain date: October 19)
9 am to 5 pm

Please feel free to pass this information on to your family, friends and colleagues.

We look forward to seeing you there. Thank you.

Sincerely,
Nicole Sanders O'Toole
Director of Consumer Education
Office of Consumer Affairs and Business Regulation'

Just thought I'd post the information in case anyone is interested.

 

[Sou13]

Auction

The auction of forfeited/default units took place Mon., Aug 22nd. Approx 1100 units were offered.

There were only a handful of bidders for available units, the remainder of units were bid on and 'purchased back' by the Royal Coachman/Sandcaslte Resort Condominium Associations.

It only took 1 1/2 hrs to complete the sale of all those units/weeks.

Did any of the bidders get the weeks they wanted?

Was the starting bid the amount of MF due, and did the auctioneer get 20%?

Did the ad in the Provincetown Banner specify the terms of the auction and give the specifics on the weeks up for auction?

 

[PClapham]

Can anyone tell me how to print a deed from the Barnstable Registry of Deeds? I can get to the print icon but can't find any explanation how to pay the $1 per page. I'm hoping it is not the $50 enrollment fee.

Thanks

Aks44062@yahoo.com

 

[scrjs]

Does Hagberg think he is above the law?

This is an update on my small claim against Sandcastle regarding the improper calculation of the special assessment which resulted in my husband and I receiving an overcharge of several hundreds of dollars because the trustees refused to use the percentages that are outlined in the timeshare document to calculate the assessment. Maybe the math was too hard. Instead they decided to divide the total amount by 3300 which is the number of owners they thought would pay. (Remebering that their are over 5000 owners and Cliff Hagberg has declared that he does not have to pay any fees for the units he owns through his company NEVS even though he seems to be profting from renting them out.)

Since receiving the special assessment bill in 2009, my husband and I have tried several times in good faith to settle the dispute over the special assessment by sending certified letters to Cliff Hagberg (trustee and manager) then to the trustees in general, but we never got a response. It is shocking to think that a company would not even bother to respond to certified letters, but that is what happened. If anyone attended the annual meeting in 2010, you may remember that I brought this up and asked for an explanation as to why the procedure outlined in the Timeshare document -- our contract with Sandcastle-- wasn’t used. Hagberg said he didn’t know -- he wasn't an attorney. I asked if they attorney could attend a meeting and Hagberg said, "No." I asked how I could settle the matter and Hagberg said "Go to court," so he left us no alternative.

We filed our claim and went to a hearing in November 2011 which Hagberg attended. The magistrate asked for his side of the matter and he said that he was aware of how the Master Deed said he was supposed to calculate the assessment, but the Master Deed didn't say he couldn't calculate it the way he did! This is the logic I would expect of a third grader. Hagberg has said on many occasions that he is not an attorney and this is apparently true since he doesn't seem to have the slightest understanding of the meaning of a contract. Hagberg claims to be an expert on timeshare law, but is apparently not aware of the section of Massachusetts timeshare law that states:

all time-share expenses shall be assessed against all the time-shares in accordance with the allocation set forth in the time-share instrument

His other argument was that he had asked several other timeshare managers if he could calculate the bill by dividing by an arbitrary number and they said it was OK!

The magistrate agreed with us and told Hagberg that he needed to return the overpayment we had made on the special assessment and also the value of a weeks stay at Sandcastle, since we were refused access to our unit when we went down last October.

In response to the letter we sent following the hearing asking for a revised bill, Hagberg wrote stating that in his opinion the case had not been properly adjudicated! Wow -- that is a pretty strong opinion from someone who repeatedly says he can't comment on anything legal since he isn't an attorney.

Since then we have not received the payment that the court ordered and no one attended the payment review hearing in February or a motion hearing this week.

As a result of all this the Royal Coachman Trust and Sandcastle Resort have now been ruled in contempt of court and a warrant has been issued. Of course Hagberg has proven notoriously difficult to serve in the past, but I will keep this forum posted.

 

[scrjs]

Sandcastle Resort in Provincetown, Ma in contempt of court

I just finished reading Cliff Hagberg's blog "Timeshare Musings" where he talks about his sensitivity to his reputation on the internet, so I am starting with a new heading so that this post might end up on the first page of a google search. See my posting above for a summary of the events that led to Sanddcastle Resort and the Royal Coachman Trust being judged in contempt of court.

 

[Classylassy523]

Sandcastle Owner going to court

Four years later and the struggle continues. The Brennan family (deeded owner) has a court date.

Brennan vs. Hagberg. August 9, 2012 at the Orleans District Court, 237 Rock Harbor Road, Orleans, Massachusetts.

Tom Mitchell, another deeded Sandcastle owner will be at the resort that week and will be attending. He has asked that I post this and if there is anyone who will be at the resort or in the area that week and would like to attend the court hearing to contact him and he will be glad to provide transportation.

Tom Mitchell ... Week 31, Unit 220. You can reach him via email: tominspfld@gmail.com or cell phone: 860-989-5685


Mr. Brennan's description of the case:

Summarization of Case: developer doesn't pay its share and this inflates your cost, Sandcastle Resort is a sole propreitorship of Hagberg that doesn't follow the common area percentage and commingles trust funds... and defalcations (who pays the developer share? property taxes?) fraud (billings and financial summaries and letter responses to questions), constructive fraud (Festiva), conspiracy to commit larceny (repeated overbilling, ignoring off season week half share, special assessment illegal and unlawful) mail fraud (Festiva, annual assessments not according to common area percentage, 1 response letters says Intercity pays same as every owner (lies) - all enabled by the trickery of it being an investment contract with an approval process of sending a bill and receiving a check (the approval)

Extortion: as a "holder" of information, that makes the collector of the money an official agent, so demanding more money and getting it as the owner fears personal damage to their credit rating is extortion by Mass. law definition - if Sandcastle Resort is not delegated this authority, then they cannot collect the taxes, can they? I am sure this topic will be seriously argued, but if they win that idea they are not delegated agents of the trusts' trustees, then surely its a sole propreitorship based on the business name certificate filing, therefore the one who must pay will be Hagberg PERSONALLY, which was the point...

Aiding and abetting breach of fiduciary duty: this and Chapter 230 section 5 enables a beneficiary to sue any and all third parties who are screwing the trusts...

All I have to prove is that they knew it. It's hard to pretend Hagberg didn't know when he is trustee, developer, managing entity, and Sandcastle Resort (still not sure what the demarcations of when each position starts and stops and what each one actually does -since Hagberg claims all the contracts are private)

 

[NEVMSLLC]

Sandcastle Owner Going to Court

The case was dismissed.

 

[ChrisH]

Sandcastle MORE SPECIAL ASSESSMENTS - VOTE!

Management sent out a letter about 2 weeks ago about additional Special Assessments at Sandcastle

The first additional Special Assessment will be due January 1, 2013

The mailing also included:
6 more pages of proposed Special Assessments on a BALLOT.
The total off all these Special Assessments amounts to approximately $1152 per unit owned.

The ballot(s) are due back at Sandcastle by October 15th.

There is a meeting in Provincetown on October 20th to discuss the results.

I have heard from several owners who did not receive any letter or ballot(s). If you are among those owners, you need to contact the resort at 508.487.9300 immediately or go to www.Sandcastlecapecod.com and use the contact us link and inform them that you haven't received this correspondence.

You need to VOTE

 

[Classylassy523]

Re-establish the Sandcastle Owners Association

Are you an owner at Sandcastle Resort and Condominium in Provincetown, MA?

There is a group of owners trying to re-establish the Owners Association.

With this latest go-round of proposed Special Assessments planned over the next three years, it is imperative that owners group together and do something to have a meaningful say about what happens at our resort.

Management has repeatedly refused access to the owners list at the resort even though the Deeds and Trusts clearly state that owners are to be provided with the list when a request is made. I have previously posted this request on the Sandcastle Resort Facebook page but it was removed in a matter of hours. I also submitted a written request to post this on the Owners/Members secure section of the resort website (supposedly the area where owners can communicate) but have received no response from management. For these reasons I am turning to TUG and other media to get the word out to Sandcastle owners.

If you are going to the meeting at the resort that is scheduled for October 20, 2012, at noon, you can contact me there. If you are unable to attend the meeting and are interested in re-establishing the Owners Association, or if you don't want to wait for the meeting you can contact me through TUG.

FYI ... I have checked with the resort office staff and questioned how the ballots would be handled. I was told that the Office Manager would count the ballots (she works for the owners) and then the ballots would be turned over to Cliff Hagberg (he owns the management company). I asked how possible ties would be handled, especially with the multiple choice questions and was told that that was unknown at that time. When I asked if there would be a separate company responsible for verifying and certifying the count ... I was that there was not. These ballots represent approximately $3 million and could mean a total of $1,200.00 in assessments for each unit. With this amount of money coming directly out of the pockets of deeded owners, a verified/certified ballot count is very important.

Thank you,
Jean Gallant
Deeded Owner
Week 40