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Sandcastle P'town owners -Festiva

I can verify the information that we gave to ABC as I worked directly with our CEO in communicating with the reporter. Unfortunately, the reporter failed to provide the complete statement that we gave that Festiva no longer hires outsourced companies to sell our product AT OUR RESORTS, i.e. those resorts that we own and/or manage.

Again, the outsourced company involved in the Missouri AG was NOT Outfield, it was Summerwinds, a company that was selling for us on-site at our Branson resort. The AG allegations took place well before we ever employed anyone to do home visits of any kind. I would love to know where you got the information that it was Outfield.

As cautious consumers, I'm sure you all know and keep in mind that the media has their own way to spin facts to make a better story.

I apparently was mistaken. I assumed that all who filed complaints from 2005 until the settlement with the MO AG in June of 2008 were part of the suit. I have plenty of posts discussing Outfield's sales of Festiva points and details of their sales techniques from 2007 to the present. I re-read and realized that only those who filed in 2005 or prior were covered under the suit. I also assume (feel free to correct me) that Outfield was hired as soon as the AG filed suit to start selling instead of Summerwinds. This way sales never stopped, Southwind could be portrayed as the rogue sales force( making them the scapegoat), and Outfield steps in with stories about how owners weeks will become useless and unsuseable with RCI unless the owner pays to convert to points.

TV news shows are not the only ones who spin facts to make their story sound better, some companies do the same thing to make money and cover their tails. Hmm, if I had to believe a lying local TV news show's story or the honest timeshare company's story, who would I believe as a cautious consumer?

http://www.legalnewsline.com/news/213804-time-share-company-agrees-to-pay-339000-settlement

Two questions.



1. Why would you continue to hire 3rd party sales force after being sued and settling in missouri and after removing Outfield (a 3'rd party sales force) from in house sales due to complaints at Peppertree.

2. Why would you continue to allow Outfield to market in people's homes when you won't allow them to market onsite? If they are doing things to make owners mad at the resort, imagine what they are saying in people's homes with no one around to hear them. If they are unacceptable at the resort for sales, then why aren't they also unacceptable for in home sales?
 
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Again, the settlement with the Missouri AG occurred in 2008, but the AG allegations that took place central to the settlement occurred 3 to 5 years prior to that, and had nothing to do with Outfield. As noted in the information we have published about the AG settlement, there was no activity on the AG suit for THREE years.


Here is a link that has Steve Lamantia making house calls in Branson MO.
http://www.tripadvisor.com/ShowTopi...tiva_Outfield_Marketing-Branson_Missouri.html
Perhaps you can explain how an Outfield key person was making in home calls at this time as you seem to be employing them? The settlement came out several months after this post. He is referred to by name...pretty interesting since he is now a Trustee at Southcape and Sandcastle. He seems pretty far the ladder in Outfield---an owner...perhaps you can share that with us? The RCI claim is being used again at these properties and has been disputed by RCI in an email to an owner at one of the resorts. It is a claim that shows up again and again on complaints boards as a tatic to get owners to convert...why the false claims by an Outfield key player?

Thank you for the information...and your helpful tone.
 
Missouri AG clarification

I provided a link to this information as it appears on our Blog, but it may be easier to post it here for clarification:

We realize that there is still inaccurate information circulating about the lawsuit initiated by the Missouri Attorney General’s office (MOAG) several years ago. We would like to provide the facts about this situation to clarify any confusion or misinformation that you may have heard or read.

During the time the MOAG allegations took place, Festiva Resorts had entered into an agreement with a third party company that provided sales and marketing services for Festiva Resorts in and affecting Branson, Missouri.

This third party company engaged 100% in all of the sales and marketing practices that led to the MOAG’s allegations of improper sales and marketing techniques. Further, all such practices are completely contrary to Festiva Resorts’ corporate policies and they were not condoned by Festiva.

During the MOAG’s investigation, Festiva Resorts fully cooperated with their office, leading to the lawsuit being withdrawn and a voluntary agreement being entered between Festiva and the MOAG’s office.

It should be noted that the MOAG’s lawsuit was in error and it was filed outside their standard operating procedures, which is supported by the fact that no activity occurred in the suit for almost 3 years and it was ultimately withdrawn.

The relationship between Festiva Resorts and said third party company has since ceased, and Festiva Resorts no longer uses outsourced companies for any sales and marketing services at our resort sales centers.
 
I also assume (feel free to correct me) that Outfield was hired as soon as the AG filed suit to start selling instead of Summerwinds.

That's not correct, Outfield was first hired for in-home calls after Festiva's acquisition of the Peppertree/Equivest Club. It was not related to the Summerwinds/MOAG situation.

1. Why would you continue to hire 3rd party sales force after being sued and settling in missouri and after removing Outfield (a 3'rd party sales force) from in house sales due to complaints at Peppertree.

2.Why would you continue to allow Outfield to market in people's homes when you won't allow them to market onsite? If they are doing things to make owners mad at the resort, imagine what they are saying in people's homes with no one around to hear them. If they are unacceptable at the resort for sales, then why aren't they also unacceptable for in home sales?

I'll look into these questions for you but i may not have a response until next week as I have to get back to work for the rest of the day.

Have a great weekend.
 
That's not correct, Outfield was first hired for in-home calls after Festiva's acquisition of the Peppertree/Equivest Club. It was not related to the Summerwinds/MOAG situation.



I'll look into these questions for you but i may not have a response until next week as I have to get back to work for the rest of the day.

Have a great weekend.

OK, Thanks.

2 more quick questions:

The relationship between Festiva Resorts and said third party company has since ceased, and Festiva Resorts no longer uses outsourced companies for any sales and marketing services at our resort sales centers.

1. Why did the Missouri AG file suit against Festiva instead of Southwind, and why did Festiva settle and pay the money if it was Southwind's fault and Festiva had no blame?

2. Since Southwind operated against Festiva's wishes, why did Festiva not sue Southwind to recover the $339,00 you paid to settle with the state of Missouri? Did you not require them to be bonded before hiring them? If not why not sue Southwind anyway because according to Festiva, Southwind was totally at fault?

http://www.legalnewsline.com/news/213804-time-share-company-agrees-to-pay-339000-settlement
 
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1. Festiva attempts to resale defaulted weeks within the same year in order to minimize the impact on the remaining owners.

2. There is not one answer to this question as each resort is unique and would be handled differently if they were to experience shortfalls between revenues and their m/f obligations.

Like other businesses facing these trying economic times, Festiva has been and is looking at the issues you raise and has been and will be making appropriate financial/economic decisions as needed.



How is Festiva addressing the growing trend of owner defaults?

Is Festiva experiencing m/f defaults that will create a shortfall between revenues and their m/f commitments?

Given the growing trend of owner defaults, what is Festiva's plan to deal with shortfalls between revenues and their m/f obligations?

More resorts are seeing owner's default on their m/f commitments, increasing the burden on the remaining owners. This is resulting in resorts using special assessments to meet their operational needs. Has Festiva experienced that trend at their affiliated resorts, and if so, how will the Festiva address the situation?

I think all of those are fair questions. Asking her speculate that they will stiff one resort over another, is not fair. Nor do I see the purpose of asking the question as originally phrased. JMO.
 
i just have one question why is it the same people on this thread creating a problem that is not there, and if anyone checks other threads on this site these same people are there. saying the same thing about other organizations. beleive what you want

I am trying to ignore posts by Prof/stein/mass/cape/mayor/viv, etc. I am trying to concentrate on posts made by real posters.
 
We realize that there is still inaccurate information circulating about the lawsuit initiated by the Missouri Attorney General’s office (MOAG) several years ago. We would like to provide the facts about this situation to clarify any confusion or misinformation that you may have heard or read.

While you are clarifying law suits, what is the status of the suit filed against Festiva by the owners at the Atrium resort in St Maarten?

http://groups-beta.google.com/group/atriumowners/web/timesharing-in-st-maarten---editorial

http://www.timeshareforums.com/foru...nces-timeshares/68903-festiva-st-maarten.html

http://www.atriumowners.com/552.html?*session*id*key*=*session*id*val*

http://www2.gobeach.com/sxm/read.php?1,61769,page=3

http://groups-beta.google.com/group/atriumowners/web/recent-litigation-messages-from-rowie
 
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IMHO:
Unless the owners get cintrol of the HOA wawy from NEVS and Festiva(where all deeded owners pay m/fs, the TSes will head toward insolvancy and converted to whole ownership which has order of magnitude more value than the TS(as to the real estate)
 
The question is easily answerable. The answer is if things get bad we are going to try and keep a,b, and c resorts while unloading all ownership in d,e, and f resorts. Eric, it is your contention that it isn't a fair question, not everyone's on this thread. I am sure that Festiva Mgt has discussed the "what if scenarios", and I feel sure that Festiva knows exactly which resorts it will try to remain in control of and which it will dump if things go bad. Do I think the question will be answered honestly? Of course not. Do I think that they could answer it if they wanted to? Absolutelly!

Your questions are also easily answerable. Do I think that Festiva will answer all of your questions honestly? Absolutelly not. Should you ask the questions anyway? Absolutelly!

There is no reason to not ask a question just because someone on this thread feels that it won't be answered. Sometimes an unanswered question speak volumes.

Anyone should feel free to ask any question they want. The Festiva rep in the past has never had a problem choosing which questions she wants to answer, and which she won't. Let her determine which questions are unanswerable rather than attacking any question you personally don't like. The question was posed to the Festiva rep, not you. JMO.

You are making the assumption that they have discussed them. Since your scenerio (A, B, C) would eventually lead to bankruptcy, it is pointless to suggest that FestivaRep has access to that information if it exists, or that it would be shared in a public forum.
 
1. Festiva attempts to resale defaulted weeks within the same year in order to minimize the impact on the remaining owners.

2. There is not one answer to this question as each resort is unique and would be handled differently if they were to experience shortfalls between revenues and their m/f obligations.

Like other businesses facing these trying economic times, Festiva has been and is looking at the issues you raise and has been and will be making appropriate financial/economic decisions as needed.

Thank you for this response, and the others provided. I think you have been very diligent in pursuing answers to the questions asked, in a professional manner.

One would only wish that more developers would be as open with information as your group has. And not attempt to hid behind the law as justification for avoiding questions.

Thanks!
 
Your Opinion - not ours

i have been an owner for many years and all of you are complaining because you were asked to pay to go to a better system, ask those who have pts and there are hardly any complaints the problem is you cant fix stupid and that consists of all of you that have nothing better to do than cause a stir, so with that if you dont like it thats fine but dont try to stop someone else that can afford it to better their vacation options

You say you have been an owner for many years - but you don't say where? Do you own weeks at Sandcastle in P'town?

I have been an owner at Sandcastle for 29 years. Your opinion is that we 'were asked to pay to go to a better system' - well as a Sandcastle owner, I personally don't think Festiva Points/Adventure Club is a better system.

They have shown me nothing that indicates it's a better system, what I've seen on the net doesn't indicate that it's a better system and there are plenty of complaints on points systems, Festiva and others, and complaints about II and about RCI. But Festiva has numerous complaints, investigations, lawsuits etc.

Why should I take your word that it's a better system -because you said so??? Without any proof?

You're entitled to your opinion, but just because YOU SAY IT's Better - don't make it so.
 
Where Outfield was involved in Missouri or not, it seems to be the same points pressure scam - ''weeks are going away, you will lose your ability to exchange'' - used there that is being used to hoodoo people on Cape Cod out of their timeshare weeks. These points scams have a long history, and seem to have originated in South Africa, devised by a former loan shark, or tallyman as they are called there.
 
Response from the president of Festiva:

Festiva has never provided or arranged financing for NEVS or Outfield for any purpose.

I have a question then: Does the relationship between Festiva and Outfield extend beyond simply hiring them for outside sales? Do Festiva and Outfield have any board members in common? Is Outfield owned, in whole or in part, by Festiva?

The part I'm having a hard time understanding is that in the absence of such a relationship, why on earth would Festiva keep on such an underhanded organization which has been the cause of so much trouble? Plain and simply, Outfield utilizes high pressure tactics, half-truths, and outright lies to sell memberships in your club. Is this really the reputation that Festiva wants?

Michael
 
A problem for FestivaRep

When FestivaRep returns I hope (s)he will also return to the "Festiva takes over resort" discussion in the Points System discussions.

My problem with the answer about Outfield Marketing and NEVS is that there are two "partial discharges" of the $2.5 million mortgage to Festiva Resorts:

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​

Bk-Pg:23537-181 Recorded: 03-18-2009 @ 10:05:13am Inst #: 13838 Chg: N Vfy: N Sec: N

Pages in document: 2
Grp: 1
Type: Partial Discharge
Desc: UNIT 403 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​

Please explain!
 
What you say is not necessarily what Festiva does

Moving on, the one issue that I was specifically asked to address on this thread is to clarify the relationship between our company and the two resorts in Mass. Festiva Resorts does not own or manage either Southcape or Sandcastle. Further, we do not own NEVS or Outfield. Outfield is the company we have hired to offer optional upgrades to the Festiva Adventure Club program from a deeded week.

It is not our intention for these in-home visits to be high pressure or forcible, and we do want to know if any of the owners who feel they have been treated this way. BUT, in order to take action, we need to know your full name, and any other information you can provide about your visit (date/time and name of the rep if possible). You can post that here, or if you prefer to keep your information private, send it to the comments e-mail address.
Keep in mind that we need specific information in order to help you, and for the initial contact, please keep it as abbreviated as possible so that it can be routed to the appropriate person. I know there are a lot of general complaints, but quite frankly, I've tried in the past to address concerns posted by several of the users here, and some attempts that I've made with factual information and honest replies have only been met with negative feedback and provocative remarks.

Thanks for your time, and I look forward to helping in any way that I can. I'm sorry this is such a lengthy post, but it's been so long that I've posted that I wanted to offer some explanation and information for everyone. I'll keep it brief in the future!

How many times and how many people have to say the same things ... without their names, addresses, phone numbers, shoe sizes and bra sizes. It would seem that there have been ENOUGH complaints between the three threads here on TUG (and other services as well) that are centered on Southcape and Sandcastle, that by now Festiva would be considering the validity of the problems, with or without names, addresses, etc, etc. How many times does Festiva need to be told there is smoke before they believe there is a fire?

Cliff Hagberg has admitted on this thread that there have been problems with the selling techniques and actions of Outfield Marketing at Sandcastle. Of course he can hardly fire employees of the controlling members of the Board of Trustees, not to mention kicking the whole bunch of them out. These people are SELLING Festiva's Adventure Club ... they are NOT selling deeded weeks. So I have a difficult time believing Festiva's concerns and sincerity about separating themselves from high pressure, coercive selling practices and Outfield Marketing in particular.

I have a few questions of my own:
1. Does Festiva have any kind of signed affiliation with either Sandcastle or Southcape resorts? I have been up to your website and saw the listing for Southcape (not as an owned resort but affiliated through FAC). Interestingly enough, Sandcastle resort is not there.

BTW, Southcape Resort and Club is in Mashpee, MASSACHUSETTS, not Mashpee, MAINE. You might want to bring that to the web master's attention.

2. If there is no signed affiliation or agreement or contract with these resorts, how can you have dedicated salespeople there selling your product? I know these salespeople are not your employees but you must have some kind of agreement or contract with Outfield Marketing for them to be selling your FAC.

3. I am a deeded owner at Sandcastle, have been since 1982, and I would like to know how many deeded weeks have become the deeded property of Festiva Resorts. Well, if not of Festiva Resorts, then have been deposited into the Trust. Let's set a date deadline ... say ... how many up to and including July 3, 2009. I have requested a list of owners from Cliff Hagberg who inturn passed my request onto the Board of Trustees, but after 2 weeks there has been no response. Of course, I would like to point out that they are breaking the law of the Commonwealth of Massachusetts by not responding to the requests of deeded owners for this list. It isn't just me, so I am not taking it personally. What I am taking their actions are is underhanded and illegal. But I digress ....

4. Has Cliff Hagberg deposited with Festiva or the Trust the weeks he acquired when he and his business partners and business backers purchased the Sandcastle? Has he turned over any of the weeks, if not all of them, even the weeks during the periods the resort is closed?

5. Once weeks are deposited into the Trust, deeded to Festiva or what ever happens when owners give up their deeded property for points, are Maintenance Fees and Special Assessments paid by Festiva, or the Trust, or whom/what ever is the owner, just like the rest of us single deeded owners pay? The reason I ask? It was explained to me that single deeded owners would be responsible for 50% of MFs and SAs and Festiva would pay the other half. The numbers were such ... if it took 2 million to run the resort, Festiva would pay 1 million or one half. That percentage would stay the same as long as there were any single deeded owners and no matter how many weeks were deeded to Festiva, the Trust or whom/what ever. So, if in 5 years it took 4 million, Festiva would pay half (no matter how many deeds were owned) and deeded owners (no matter how many) would pay the other 2 million. Therefore, the MFs of single deeded owners would increase greatly and Festiva's per unit could even go down. That is what your Outfield Marketing salesperson told me. I hoped there might be something wrong with his selling spiel ... or he was trying to frighten me and probably others into buying into your FAC. And, please don't insult me by saying I misunderstood because I had 2 people with me and they heard the same thing ... and I have the sheets of paper that he was using to scribble down numbers and circles and arrows. Of course that is the only paperwork I walked away with.

That raises another question ...
6. How come these salespeople have NO literature, brochures, or information to give to people? I was not in a position to make a decision at that time. I was on vacation and had had my time interrupted by a misleading invitation to sit with this person and find out about the changes that were taking place. I had NO idea it was going to be a sales pitch. When I explained to him that I couldn't make a decision right then and there and needed information to take home with me to discuss with my family, I was told that I HAD to sign and accept the offer before I could have anything to take away with me. That screamed SCAM to me and I walked out.

I appreciate the time you are spending on here explaining Festiva and their different organizations. But, I am having a hard time accepting all that you say when Festiva's actions belie your/their words. It would seem that the leaders of Festiva learned about the fine art of semantics from Bill Clinton and practice it.

Jean
 
I have a question then: Does the relationship between Festiva and Outfield extend beyond simply hiring them for outside sales? Do Festiva and Outfield have any board members in common? Is Outfield owned, in whole or in part, by Festiva?

The part I'm having a hard time understanding is that in the absence of such a relationship, why on earth would Festiva keep on such an underhanded organization which has been the cause of so much trouble? Plain and simply, Outfield utilizes high pressure tactics, half-truths, and outright lies to sell memberships in your club. Is this really the reputation that Festiva wants?

Michael

Michael,

FestivaRep usually does not work the weekends, so I will provide you with the answer she previously posted in this thread. If you scroll back thru her answers you will see it.

Festiva has no ownership in NEVS, Outfield Marketing, or the SandCastle or Southcape resorts. Nor did Festiva assist in any financing arrangements for the acquistion of those resorts by NEVS and Outfield.

I will leave it to her to address the interlocking BoD question, and the remainder of your post.

Hope that helps
 
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To Festiva Rep

Hello TUGers, I know it's been a while since I've posted, but my job description has expanded a bit in the last few months and unfortunately I have not been able to spend time reading and responding on the board. I've taken a few days to catch up at the request of our executives, and I just wanted to let everyone know that I'm here.

As always, I'm ready to answer any questions you may have, publicly or privately. Some of these questions may take longer to post answers to than others. My first position with the company was in Owner Services, so I have a good knowledge of the company and how membership works. Of course, for some things I will have to consult owner services, the Club manager, the legal department and/or our executives, so those may take a little bit of time to answer.

I can see from my catch-up reading that there has been some concern over people posting as multiple users, so feel free to check my IP address. Many of you will remember me from other threads as well. Also, to my knowledge I am the only employee from Festiva Resorts who is on this board. If there is another employee posting and not identifying him/herself as a Festiva employee or representative, regardless of their intentions, then they are in direct violation of corporate policy. As for me, I simply do not have the time to post as anyone other than FestivaRep, nor would I do so if I did have the time because I would probably get in trouble with the boss!

So, with that out of the way, I do want to publish an e-mail address that we have recently created to address questions, concerns, etc. from owners, members and even non-owners who have toured a resort and wish to leave us feedback. If you send an e-mail to comments@festivaresorts.com, it will come to my inbox and I will be able to immediately send it to the head(s) of the appropriate department whether that's sales, legal, marketing, member services or straight to an executive (and they often are CC'd on many of the e-mails that are filtered to a specific department, particularly when the claim has to do with a misrepresentation or negative action by any of our employees).

That's not to say that I don't want to address issues publicly, but ever since we created the system to address concerns with that e-mail address, we have been able to work with our customers directly and resolve issues much more quickly than when we find out through third parties (i.e. complaint sites) and e-mails to other addresses that inadvertently get sent to the wrong place.

We have made business cards bearing that e-mail address that are given to every single guest that tours at our sales sites, and they are encouraged to immediately let us know how they were treated on the tour. This has been effective in getting feedback directly from our guests to our corporate office, which is not always easy with 10 different sales sites and more than 20 resorts.

Moving on, the one issue that I was specifically asked to address on this thread is to clarify the relationship between our company and the two resorts in Mass. Festiva Resorts does not own or manage either Southcape or Sandcastle. Further, we do not own NEVS or Outfield. Outfield is the company we have hired to offer optional upgrades to the Festiva Adventure Club program from a deeded week.

It is not our intention for these in-home visits to be high pressure or forcible, and we do want to know if any of the owners who feel they have been treated this way. BUT, in order to take action, we need to know your full name, and any other information you can provide about your visit (date/time and name of the rep if possible). You can post that here, or if you prefer to keep your information private, send it to the comments e-mail address.

Keep in mind that we need specific information in order to help you, and for the initial contact, please keep it as abbreviated as possible so that it can be routed to the appropriate person. I know there are a lot of general complaints, but quite frankly, I've tried in the past to address concerns posted by several of the users here, and some attempts that I've made with factual information and honest replies have only been met with negative feedback and provocative remarks.

Thanks for your time, and I look forward to helping in any way that I can. I'm sorry this is such a lengthy post, but it's been so long that I've posted that I wanted to offer some explanation and information for everyone. I'll keep it brief in the future!


Moving on, the one issue that I was specifically asked to address on this thread is to clarify the relationship between our company and the two resorts in Mass. Festiva Resorts does not own or manage either Southcape or Sandcastle. Further, we do not own NEVS or Outfield. Outfield is the company we have hired to offer optional upgrades

If that is the case, then why does the Festiva POS for the Commonwealth of Massachusetts state that Festiva is the Developer and NEVS in the Seller? If they are the 'developer' and NEVS is just a 'seller' for Festiva- that would indicate to me that the relationship you describe above is NOT the case. See verbatim quotes from the POS below.

Festiva Resorts Adventure Club p 1
Commonwealth of Massachusetts
Public Offering Statement
1.Names and Principal Addresses of Developer and Seller: Location of Timeshare Properties

The Developer of the Festiva Adventure Club (the ‘Club) is Festiva Development Group, LLC ( “Festiva” or the “Developer”), a Nevada limited liability company with a principal address of One Vance Group Road, Asheville, North Carolina 28805

The Seller of Club Memberships in Massachusetts is New England Vacation Services, LLC (“NEVS”), a Massachusetts limited liability company with a principal address of 135 E. Hickory, Denton, Texas 76201. Pursuant to and Affiliation Agreement between Festiva and NEVS, NEVS has prepared this Public Offering Statement, based upon information provided to it by Festiva, and is offering Club Memberships (“memberships”) for sale in Massachusetts for its own account.


from p 6

V. Managing Entity (ies)

The operation of the Club is the responsibility of the Association, which is a South Carolina non-profit, non-stock corporation. The Members of the Association consist of all owners of Points, including the Developer, which is deemed to be the owner of all unpaid Points. The location of the Associations principal place of business is One Vance Gap Road, Asheville, North Carolina 28805. Each Member, other than the Developer, will be a Class A Member of the Association and is entitled to cast one (1) vote for each Point that he or she owns. The Developer (or any Appointee) is a Class B Member of the Association and is entitled to cast three (3) votes for each Point that the Developer owns. The Class B Membership will be converted to Class A Membership as of the first of July 1 of any year on which more than ninety percent (90%) of the Total Points in the Club have been sold to Members other than the Developer. Further, for as long as the Developer or any Appointee holds a Membership or a debt secured by a Security Interest in a Membership, the Developer is entitles to appoint at least one member of the Association’s Board.

The Developer currently controls the Association, and the Developer has the right to retain control of the Association after a majority of Points has been sold.

ChrisH
 
If that is the case, then why does the Festiva POS for the Commonwealth of Massachusetts state that Festiva is the Developer and NEVS in the Seller? If they are the 'developer' and NEVS is just a 'seller' for Festiva- that would indicate to me that the relationship you describe above is NOT the case. See verbatim quotes from the POS below.

Festiva is the developer of the Festiva Adventure Club. The POS is for the Festiva Adventure Club.

This is public information and does not refute FestivaRep's comments about an ownership interest in NEVS or Outfield.

She has disclosed that NEVS/Outfield is selling FAC.

No mystery here. If this was the POS for Southcape, then it would be a different story.
 
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In my mind

the mystery is:

NEVS purchased the resorts for $1.2 million

NEVS mortgaged the resorts for $2.5 million the same day

FESTIVA is not on those documents BUT in the POS

FESTIVA is the DEVELOPER and

NEVS is a SELLER

why would someone take out a mortgage for $2.5 million if someone else is the developer and they are just the 'sales force'???? Sounds fishy to me! Unless FESTIVA has some other relationship with NEVS/Outfield that is hidden in the convolution of the paperwork.

Chris
 
Moving on, The Members of the Association consist of all owners of Points, including the Developer, which is deemed to be the owner of all unpaid Points. The location of the Associations principal place of business is One Vance Gap Road, Asheville, North Carolina 28805. Each Member, other than the Developer, will be a Class A Member of the Association and is entitled to cast one (1) vote for each Point that he or she owns. The Developer (or any Appointee) is a Class B Member of the Association and is entitled to cast three (3) votes for each Point that the Developer owns. The Class B Membership will be converted to Class A Membership as of the first of July 1 of any year on which more than ninety percent (90%) of the Total Points in the Club have been sold to Members other than the Developer. Further, for as long as the Developer or any Appointee holds a Membership or a debt secured by a Security Interest in a Membership, the Developer is entitles to appoint at least one member of the Association’s Board.

The Developer currently controls the Association, and the Developer has the right to retain control of the Association after a majority of Points has been sold.

ChrisH


Typical Festiva owner friendly policies.

1. "The association consists of all owners of points including the developer." The developer doesn't pay assessments or MF's, but they are members of the associatioN.

2. "The developer owns all unpaid points" . So the developer gets to vote all unpaid points while not paying any upkeep, assessments, or MF's on the points they own.

3. "The association's principal place of business is Festiva's address." So basically what we have always known, the association is and exists purelly for the benefit of Festiva.


4. People who join FAC become Class A Members. Class A members get ONE VOTE PER POINT OWNED in the association.

5. The developer or any appointee GETS TO CAST THREE VOTES FOR EACH POINT OWNED. The developer pays no MF's or assessments, but they get 3 votes per point owned while the members who are paying to keep the whole operation solvent only get one vote per point. What a deal for Festiva!

6. "Further, for as long as the Developer or any Appointee holds a Membership or a debt secured by a Security Interest in a Membership, the Developer is entitles to appoint at least one member of the Association’s Board." Do you think that there is any incentive for the developer to ever divest themselves of their last membership and lose the right to APPOINT AT LEAST ONE MEMBER TO THE BOARD? And what does at least one member actually mean? At the Festiva resorts I am familiar with they appoint the majority of the board, thus controlling the votes and subsequently the MF increases, renovations, assessments, the choice of Mgt for the resort (usually Festiva becomes the mgt team), and anything else that suits them.

Every thing Festiva does is to benefit themselves on the backs of the owners IMO. There is some relationship between Festiva and Outfield/Cliff/NEVMS other than Outfield was hired to sell Festiva points IMO. If everyone keeps digging some information should come to light on the relationship. Outfiled/Cliff/NEVMS is not letting them convert Southscape/Sandcastle weeks to Festiva points without something being in it for them. It could be that they are simply making money on the sales, but I feel sure that there is more to it than that because Cliff/Outfield/NEVMS could have sold the weeks he owned without Festiva. He didn't let them join his party for nothing.
 
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Typical Festiva owner friendly policies.

1. "The association consists of all owners of points including the developer." The developer doesn't pay assessments or MF's, but they are members of the associatioN.

2. "The developer owns all unpaid points" . So the developer gets to vote all unpaid points while not paying any upkeep, assessments, or MF's on the points they own.

3. "The association's principal place of business is Festiva's address." So basically what we have always known, the association is and exists purelly for the benefit of Festiva.


4. People who join FAC become Class A Members. Class A members get ONE VOTE PER POINT OWNED in the association.

5. The developer or any appointee GETS TO CAST THREE VOTES FOR EACH POINT OWNED. The developer pays no MF's or assessments, but they get 3 votes per point owned while the members who are paying to keep the whole operation solvent only get one vote per point. What a deal for Festiva!

6. "Further, for as long as the Developer or any Appointee holds a Membership or a debt secured by a Security Interest in a Membership, the Developer is entitles to appoint at least one member of the Association’s Board." Do you think that there is any incentive for the developer to ever divest themselves of their last membership and lose the right to APPOINT AT LEAST ONE MEMBER TO THE BOARD? And what does at least one member actually mean? At the Festiva resorts I am familiar with they appoint the majority of the board, thus controlling the votes and subsequently the MF increases, renovations, assessments, the choice of Mgt for the resort (usually Festiva becomes the mgt team), and anything else that suits them.

Every thing Festiva does is to benefit themselves on the backs of the owners IMO. There is some relationship between Festiva and Outfield/Cliff/NEVMS other than Outfield was hired to sell Festiva points IMO. If everyone keeps digging some information should come to light on the relationship. Outfiled/Cliff/NEVMS is not letting them convert Southscape/Sandcastle weeks to Festiva points without something being in it for them. It could be that they are simply making money on the sales, but I feel sure that there is more to it than that because Cliff/Outfield/NEVMS could have sold the weeks he owned without Festiva. He didn't let them join his party for nothing.

Tombo ...

From what you have written here am I safe in assuming that what was once a week that was helping to support the resort could change hands and at some future time still be exchanged but not help support the resort any longer?

Could this scenario happen? Mr. Brown owns a week in July at Sandcastle and has paid his MFs and SAs diligently through the years. He turns his deeded property over to FAC and gets his points. A few years down the road Mr. Brown gets fed up with trying to get a decent week at a resort and is tired of paying MFs and membership fees in II or any other system. He quits the FAC. Now this week in July no longer has a paying member of FAC. Does this unit join the Developers bag of tricks as an unpaid unit and in doing so, it no longer supports the resort?

Jean
 
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