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Special Assessment Fee @ Pollard Brook

Finley

newbie
Joined
Jul 9, 2009
Messages
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Location
New Hampshire
Resorts Owned
Pollard Brook
I would like to hear from other owners @ Pollard Brook regarding the recent special assessment fee we have just been handed. The letters have been sent but I haven't received mine yet. I just happened to see the charge on my account and researched it to find out what it was. $419.34 because they can't sell a completely new resort they built across the street, South Mountain! Have others experienced this type of thing at their resort?
 
I would like to hear from other owners @ Pollard Brook regarding the recent special assessment fee we have just been handed. The letters have been sent but I haven't received mine yet. I just happened to see the charge on my account and researched it to find out what it was. $419.34 because they can't sell a completely new resort they built across the street, South Mountain! Have others experienced this type of thing at their resort?

Are you a points owner or weeks? I own a week at Pollard. This is the first I've heard of this assessment. I don't understand how a developer/ manager of a resort can charge a deeded owner for unsold units at a different (affiliated) resort?

I have no privileges at South Mountain- why should I pay for their unsold units? Maybe points ownership has privileges at South Mountain and has to pay not for unsold units, but to cover the maintenance fees by a lesser number of owners?
 
I disagree with the OPs statement, DonM.

I too am a weeks owner. I have an owner's account at the InnSeason website. The reasons for the assessment are listed there. I'd suggest you check it out.

We have been owners since 1998. That is 11 years without an assessment. That seems pretty good, to me.

Believe me, I'm not an apologist for the management of Pollard Brook. I once sent Ducharme a two page letter filled with facts, not falsehoods and innuendo. He acted upon that. Nevertheless, I'd still like to smash in the faces of two people who work there.

Let's try to keep any discussion to the facts.
 
I disagree with the OPs statement, DonM.

I too am a weeks owner. I have an owner's account at the InnSeason website. The reasons for the assessment are listed there. I'd suggest you check it out..

I did check out the website and I see the same $419.34 assessment for my 1 bedroom week. I did not see the OP's reason for the assessment- but rather a general statement about wanting to continue to upgrade and the cost of living etc. I hope that the 2 and 3 bedroom week owners are paying a higher assessment. Anyone know for sure?

We have been owners since 1998. That is 11 years without an assessment. That seems pretty good, to me.

Well I'm not sure I agree. I think assessments should be for extraordinary events, and not for ongoing upgrades. e.g. put in a new pool, or a tornado destroyed the property above the insured value- that would be a better reason for an assessment IMHO

don
 
Don: As a 2 bedroom owner, I'm paying more than you.

You are probably right about extraordinary events, but that isn't how it has worked with the assessments I've paid at my other two timeshares.

At each of these, we've paid for what you call on-going upgrades through an assessment. So, it happens.

Each of these two timshares is different from PB in one significant way. Each has a board of directors elected by owners. PB is still under developer control. Three of the five board members are management. The two "owner representatives" are probably hand-picked patsies. So, I'm alert to the possibility of shenanigans.

I can't really complain about the "on-going upgrade" assessment at my Sanibel Beach Club unit because we actually enjoyed the benefits of it before paying. Our building was the first to get the new screens, sliders, and windows. We were the first to use them, and they were very nice. Our belief is they will help keep yearly MFs down by reducing electrical use when air conditioning is on.

My view of the PB assessment, at least at this moment, is that it may reduce costs in the future by reducing heat/cool loss in the winter and summer. More to the point, it is probably necessary to upgrade some of the older buildings, including the one in which my room is located, in order to keep the Premier Resort designation.

Did management screw-up? A resounding yes.
Are we paying for it? Another resounding yes.
Will we benefit? Yes. Our rooms are among the nicest I've seen anywhere, and much better than rooms at some Premier resorts that get that designation for the on-site amenities, not the rooms. Keeping the Premier designation gets us very good trades.

So, I may not be happy with it but I'm not going to make false and spurious claims about why the assessment happened.
 
Don: As a 2 bedroom owner, I'm paying more than you..

That's only fair- I'm glad to hear it.

You are probably right about extraordinary events, but that isn't how it has worked with the assessments I've paid at my other two timeshares.

At each of these, we've paid for what you call on-going upgrades through an assessment. So, it happens.

I currently only own at one other t/s- Paniolo Greens in Hawaii- I've owned it since 1998, and they have a separate capital improvement fund (mandated by state law)- the last time I looked there was a fund balance of over $18K per unit, and the units have been updated regularly. All this with a relatively low mf for Hawaii of under $700 per 2 bedroom unit.

Each of these two timshares is different from PB in one significant way. Each has a board of directors elected by owners. PB is still under developer control. Three of the five board members are management. The two "owner representatives" are probably hand-picked patsies. So, I'm alert to the possibility of shenanigans.

That says a lot.


So, I may not be happy with it but I'm not going to make false and spurious claims about why the assessment happened.

Agreed



Thanks BWolf for the info

don
 
Sure thing, Don.
 
Thanks for the replies, folks! Here is the actual letter on the website under Pollard Brook. There are other pieces of info on there specific to this as well. It's 7/10 and I still haven't received the letter via mail. Yes, the letter indicates they need the monies to continue with the upgrades. The Maintenance Fee letter addresses this every single year and it goes up every year to account for these. But the letter goes into the financial burden that Southern Peaks which I am assuming is South Mountain has created and this is the real issue, I think. No one else is being assessed this in the 7 resorts of InnSeasons. And I am a deeded, one week, one bedroom owner. The SOP's etc. say they can charge for upgrades etc. to your specific unit and common area. The state RSA's support this as well. But is it legal to do it because of over development and the fact that poor management decisions have put Pollard Brook at risk as a result? They call this whole thing: Pollard Brook Resort, Southern Peaks at Pollard Brook, LLC in the letter, I've never seen that referenced on anything I have. I bought in 1995. There were 2 buildings and they never indicated they were planning the massive expansions they have done. Read and interpret for yourselves....I am consulting the AG's office and that will answer my questions I hope.

July 1, 2009

Dear Pollard Brook Owners,

Today’s general economic environment has taken a toll on the operations of Pollard Brook Resort, as it has with many businesses. The good news is that your Board of Advisors two individual owners to ensure that owner’s interests are represented, has been working on a long-term plan for the resort which includes focus on operating efficiencies and upgrades of the facilities. Unfortunately, in the short term the cash that your Association requires to operate and upgrade the facilities is in short supply, and an additional assessment on the ownership of each Pollard Brook unit is required to operate the property properly and fund your capital reserve requirements.

Like other industries that rely on periodic payments by consumers, your owners association has experienced an increase in the number of owners who default, and this reduces the cash available to operate the resort. The Association and its management company work with owners to assist them in meeting their commitments, and the vast majority of our more than 6,000 owners pay their assessments in a timely manner, but collection default percentages are up an average of 5% over the budgeted amount. Previous years have trended up an average of 2% over budget, but the 5% figure presents a significant increase. The Association and its management employ a variety of collection agents and processes to collect these funds, but in the present environment the cost of pursuing claims against these owners through foreclosure or similar actions would significantly diminish the net revenue obtained. Although some of that is expected to be recovered, this assessment seeks to provide approximately half that amount for current year operations.

The economy and lending conditions have also had a substantial impact on the current developer of Pollard Brook Resort, Southern Peaks at Pollard Brook, LLC, and its ability to meet its commitments for the payment of assessments on the nearly 1,200 unsold intervals it owns at Pollard Brook. In the past, it was able to meet those commitments by renting those units and, if necessary, supplementing any deficiency from other funds. Unfortunately, the rentals generated from those intervals have fallen far short of what is required to make up for these shortfalls and the downturn in the economy has impaired its ability to make supplemental payments.

Although Southern Peaks intends to continue to work to sell the remaining intervals at the resort and to meet all current and future obligations to the resort and to the Pollard Brook Homeowners Association, the region’s economic conditions simply do not permit it to do so at this time. Southern Peaks’ sales are down nearly 70% compared to two years ago, and a key line of financing that it had relied upon to meet other obligations has not been renewed. Southern Peaks has told the Board that it continues to seek new sources of financing and qualified institutional purchasers for the unsold intervals, and believes its prospects are good. Unfortunately, no such solution is likely to be completed in time to address our immediate cash requirements.

Finally, although nearly $1,000,000 has been spent over the past 5 years on repairs, upgrades and improvements to the original five phases of the resort and to the Common Areas, we have not had sufficient funds to bring the older units up to the quality level that Pollard Brook owners expect, and to address some of the major repairs needed to the older infrastructure, such as the swimming pool. We have included in this assessment approximately $1,200,000 to address these issues and to make sure the Association has sufficient reserves to address future reserve and replacement costs. A description of the items to be paid for from these additional reserves is enclosed and available online.

We, as members of the Board of Advisors for the Pollard Brook Unit Owners Association, understand that this additional assessment comes as an unwelcome obligation, at a time where finances are stretched. We have directed the management company to offer a range of payment options, including a monthly payment option, and to be as flexible and accommodating as possible in its efforts to collect the funds from every owner. We will also work diligently with the Association’s CPA firm and management staff to ensure that every dollar is spent only on the specific items outlined herein. We have also directed management to give owners tools to track the resort’s financial and operational progress, as described below.

In an effort to lessen the impact of this supplemental assessment, you may elect a single payment with a 10% discount, a 2-payment option with a 5% discount or a small initial payment with the balance paid over an 18 month period. Please see the enclosed invoice for your specific payment options.

To assist you in tracking the results of this project, we will be posting overviews and updates of the refurbishments into an information library within the on-line owner’s area of the InnSeason website, www.InnSeason.com. If you have not yet created an on-line account, please take this opportunity to do so now as it is the best and most current source of information about your resort, and on-line communications are far more cost effective than printed and mailed documents. Registration is simple; just visit www.InnSeason.com and click on ‘Log in” in the upper right corner. In the near future, the monthly financial statements for the Association that are provided to the Board will be posted online, as will be the annual statements prepared by the Association CPA firm, Shepherd & Goldstein, LLP.


If you have questions regarding this assessment or to discuss your payment options, please call InnSeason Management’s Owner Services department at 877-553-0681. Should a representative be unavailable to take your call, voice messaging is available and a management representative will gladly return your call.

This was not an easy decision for your Board to make, but after reviewing all the facts and exploring options, the final decision was based on what is best for the Pollard Brook Unit Owners Association in the long term. Your Board and Management are confident that the supplemental assessment made by each interval owner will be rewarded not only by refurbished units and a renewed resort, but by increased resale values, improved ability to acquire good exchanges as a result of higher exchange company ratings, and increased owner enjoyment and pride of ownership. Thank you for your support!

By direction of the Pollard Brook Board of Advisors, InnSeason Management, Inc. Managing Agent for the Pollard Brook Condominium Unit Owners Association

CC: Bill Scanzani, President, Owner Representative
Joanne Nichols, Secretary, Owner Representative
Dennis Ducharme, Treasurer
William Curran, Director
Scott Macgregor, Management Representative
 
Finley:

Yes, I've read the letter and the FAQs and other information at the website.

Consulting the AG is good. Let us know what he says and if you need support.
 
Not an owner, just an interested bystander.

Just some friendly advice, but I think you need to obtain a complete copy of the governing documents for this resort. This would be the Declaration/Master Deed document, a copy of the most recent Public Offering Statement, and a copy of the by-laws for the timeshare owners association or HOA.

I think the key question to be asked is, what steps are being taken in regard to the developer not paying m/f on their units? I understand the explanation given in the letter, but the key question is what is the Developers obligation to pay the m/f on the unsold inventory? If they have a contractual obligation to pay m/f on unsold inventory, and are in arrears on those payments, what steps are being taken by the HOA to address the situation?

I understand the letter to say that the developer is trying to find other financing, and it certainly is prudent to allow them some latitude in that process. But if their failure to pay their m/f is the major reason for the shortfall, then you need to make sure that the HOA is protecting the interests of the owners. Clearly given the number of units the developer holds, I would question what is the main reason for the assessment. Is it delinquent owners or a delinquent developer. If the latter, then you need to make sure that the HOA is developing a plan to foreclose on the developers interests in the event that the developer continues to fail to meet their obligations.
 
Eric: The developer controls the board, three votes to two, and the two "owner representatives" are probably hand-picked patsies that vote with management.

There is no board elected by the owners. There isn't even an election for the two patsies.

There are other complications. PB was first developed by someone else and bought by Dennis Ducharme (out of bankruptcy, I think) who did a good job resurrecting it. I'm not sure what rights the original owners have and if they differ from the rights of those of us who bought after Dennis took over. When we bought, fixed week, fixed unit was the rule.

Also, a few years ago, Dennis and William Curran pooled resources and created InnSeason Resorts with a POINT SYSTEM. So, we now have points owners with their particular rights and obligations.

That said, your advice is solid and I appreciate it. I'm glad the OP followed-up with the AG and hope he keeps going in that direction. I'll help where I can.

My wife and I have had certain experiences with PB, most good, some bad, and the opinion we have now is that management wants to keep all owners at arms length, doesn't want any owner's groups to form, and wants to keep an iron-grip on the management of the company and all financial matters.

It is possible the structure of InnSeason and the other "entities" mentioned in the letter is Ponzi-like and won't pass muster if the appropriate authorities step in and look around. It is also possible things are on the up-and-up and any investigation will establish that.

I hope we actually get an impartial review of the assessment and the management of PB, Inn-Seasons, and the other entities.

And again, eric, your other posts reveal you are a really decent person with good thoughts and advice and I appreciate your comments here. :)
 
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Eric: The developer controls the board, three votes to two, and the two "owner representatives" are probably hand-picked patsies that vote with management.

There is no board elected by the owners. There isn't even an election for the two patsies.

There are other complications. PB was first developed by someone else and bought by Dennis Ducharme (out of bankruptcy, I think) who did a good job resurrecting it. I'm not sure what rights the original owners have and if they differ from the rights of those of us who bought after Dennis took over. When we bought, fixed week, fixed unit was the rule.

Also, a few years ago, Dennis and William Curran pooled resources and created InnSeason Resorts with a POINT SYSTEM. So, we now have points owners with their particular rights and obligations.

That said, your advice is solid and I appreciate it. I'm glad the OP followed-up with the AG and hope he keeps going in that direction. I'll help where I can.

My wife and I have had certain experiences with PB, most good, some bad, and the opinion we have now is that management wants to keep all owners at arms length, doesn't want any owner's groups to form, and wants to keep an iron-grip on the management of the company and all financial matters.

It is possible the structure of InnSeason and the other "entities" mentioned in the letter is Ponzi-like and won't pass muster if the appropriate authorities step in and look around. It is also possible things are on the up-and-up and any investigation will establish that.

I hope we actually get an impartial review of the assessment and the management of PB, Inn-Seasons, and the other entities.

And again, eric, your other posts reveal you are a really decent person with good thoughts and advice and I appreciate your comments here. :)

I completely understand that these type of actions are very difficult. My advice basically was that the first step is to fully understand your rights and the relative obligations of the Developer. The governing documents outline those rights and obligations.

Even with a developer controlled board, a diligent group of owners who fully understand their rights, and take the proper steps to assert them, can be helpful.

If those rights/obligations are not be observed, then following due process to assert those rights can be a relatively low cost way of managing the situtation. Does that mean that the Developer controlled BoD suddenly starts looking out for the owners interests? No.

But it removes the " we did not know about.... " defense that the BoD. It is far to easy for a BoD to do that.

I think putting the BoD on notice that there is group of owners that are diligently reviewing their actions and is aware of their rights, can be a positive influence on the process.

Far to often in these types of cases, people just want to complain about the problems, and do not want to invest the time and energy to understand their rights and to follow the due process that might change the situation. I am not saying that is the case here, just making a general observation.

It starts with simple things, like understanding your right to obtain and review the minutes of BoD meetings, your rights to attend BoD meetings, and your rights to inspect the records of the timeshare. These are the starting points for putting the association on notice that they cannot make decisions unilaterally. And you might be amazed at what you will find.

Just some general food for thought. I am interested in owner advocacy issues, and that is the only reason I bring it up.
 
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July 11, 2009


Pollard Brook Unit Owners Association
33 Brookline Road
Lincoln, NH 03251
Board of Advisors
Mr. Bill Scanzani, President

CC: Joanne Nichols, Secretary
: Dennis Ducharme, Treasurer
: William Curran, Director
: Scott Macgregor, Management Representative

I was quite surprised to receive the letter of July 1, 2009 from the Board of Advisors and the accompanying special assessment. I was quite dismayed to read the reasons for the special assessment.

Basically, the reason articulated are (1) a high percentage of the 6000 owners not paying maintenance fees (2)the Developer, Southern Peaks at Pollard Brook, LLC, not able to pay its maintenance fees on nearly 1200 unsold intervals and (3) $1,2000,000 to address major repairs.

The special assessment should raise $3,000,000 if compared to the 2009 published budget for annual maintenance fees. What needs to be published to the owners is how this $3 million will be used and how and when it will be recovered from delinquent owners and from the Developer.

Specifically, what is the total maintenance fee delinquency for 2009, and for previous years, due to the 6000 intervals owned by buyers of a interval unit? Of the 6000 owners, how many are delinquent?

What is the 2009 maintenance fee delinquency owed by the Developer for its 1200 intervals? What is the delinquent amount, if any, from previous years? Is the Developer going to pay the special assessment on its 1200 unsold units? What is that amount?

The letter says that nearly $1,000,000 has been spent on repairs and improvements over the past 5 years,. Yet, the special assessment seeks $1,200,000 to be spent in 12-24 months. This appears to be gross mismanagement. Why were these repairs and improvements not included in the 2009 budget and previous year budgets? The purpose of an annual budget and a management company contract is to ensure that such situations don't occur. If the money is to be spent over 12-24 months, will that reduce the 2010 and 2011 maintenance fees, and by how much?

The Board of Advisors must publish a detailed schedule of where this money will be used and the money owed by delinquent owners and the Developer. The information provided at this point completely inadequate and has a “fishy”smell.

Three members of the Board of Advisors are part of the Developers company. It's easy to see that a 3-2 vote can be achieved to benefit the Developer. Much of the reason for the special assessment seems to be due to the Developer not meeting its obligations and the Developer's management company failing to budget properly in 2009 and previous years. How convenient to simply say “ I can't meet my obligations” and pass the problem to owners who do pay and who expected all was well.
I think the questions asked in this letter to the Board of Advisors and answers, must be speedily posted on the website for all owners to see and understand. I also expect you, as President of the Board, to promptly respond to me.
 
Your letter to Pollard Brook

I was furious when my husband and I received this special assessment charge. I hope if all of the owners stick together we can get some results in our favor. Your letter was great. I will be checking for updates. Thank you!
 
Pollar Brook follow up

FYI to the PB Owners - I did send off the materials to the AG's office. I included the only copy of the governing materials provided to me, Public Offering, Bylaws etc. Of note, the initial paperwork referenced PB as Loon Resorts, I believe. Then amendments were issued and referred to it as PB. That would support the previous post that Dennis Ducharme perhaps "saved" this project from bankruptcy. For all we know however, additional changes to these documents have been made, yet not provided to the owners, which was one of my questions to the AG. "Does PB have a legal requirement to notify us when changes are made?" Are these not legal documents? I appreciate Eric's advice and comments. I am trying to understand my rights and "do something" and not just complain. I posted a blog on PB's website asking how we as owner's can get a vote, vote on who "our" reps are etc. I sincerely want to know as it says in those documents as an owner I get 1/52 voting rights. My post was never listed, but I received the confirmation from Wordpress it was received and confirmed the message as required. It is clear PB will not allow anything controversial to be on their website. Fiscal responsibility is vital and I am not in favor of a "buy-out" for PB's Dennis Ducharme and Billy Curran. I will note any additional information I receive from the AG's office on this site. However, it may benefit all of us if others also send in a complaint to their office.
 
Hello,
I am definately not going to pay this until more research is done. I don't think getting flat screen tv's should be listed under their "extraordinary circumstance". Their list upgrades are absolutely rediculous.
 
Finley: I asked a question very early on. My question never appeared. The answer, such as it is, does appear.

Go to assessments letter, scroll down, click on comments. This is the answer:

I believe Alicia in accounting has responded to your question. To be an owner representative you just submit your name to the General Manager…and when the next Board comes up, he will make sure you have the appropriate nomination forms.
Comment by capecodblogger — July 8, 2009 @ 5:26 pm


-------------------



BTW, I'm sending you a pm with my email address. If you send me a copy of your letter, I'll send something similar to the MA AG. HQ of InnSeasons is here, and I reside here, so I think the MA AG should get involved.


Thanks.
 
For all we know however, additional changes to these documents have been made, yet not provided to the owners, which was one of my questions to the AG. "Does PB have a legal requirement to notify us when changes are made?" Are these not legal documents? I appreciate Eric's advice and comments.

I have never seen your governing documents, so I can only provide a general answer. The governing documents for timeshares typically have at least two major parts. First is the Declaration document. It can have different titles - Declaration of Vacation Ownership or Master Deed, or something similar. This is main document - it outlines the rights/obligations you acquired when you purchased your timeshare ownership, and the rights/obligations of the developer (also known as the Declarant). The rules vary greatly based on the state and what is in the document, but generally speaking this document is difficult to modify, and usually require changes be approved by a vote of members other than the declarant. It essentially is your bill of rights.

Then you will have the By-Laws of the Timeshare Owners Association or HOA. They describe the rules and regulations of how the owners association will be governed and operate. This document is generally easier to modify.

You also may have other documents that are important, like the management agreement, between the HOA/TOA and the managing entity. They are the legal contract for the day to day operation of the resort.

You also will have a Public Offering Statement or Report. This is not a governing document, but is a document that most states require to be provided by developer. It is basically a disclosure statement, and only summarizes important information from the Declaration, the By-Laws, and the any applicable state statute.

Of all of these documents, the Declaration document is the most important. It describes your rights and obligations. It essentially forms the contract that outlines your ownership. The provisions of this document, take precedent over any other document other than state statute.

If you have any electronic copies of these documents, I would love to take look at them.

If you do not have electronic copies I would encourage you to try to obtain them. I have found that owner advocacy groups operate best when everyone has the opportunity to refer back to the governing documents in the discussions.

I think the letter that AJS sent is a great first step. I would further encourage you to obtain copies of the minutes from any and all BoD meetings under your right to inspect the records of the corporation. Timeshares are typically organized as non-profit corporations, and you will have separate rights as members under the corporations code of the applicable state. The right of inspection is one of these key rights.

It will benefit the effort if all concerned owners make a complaint to the AG. But the AG complaint will be more meaningful if you can specifically outline the wrong being committed, rather than just a general recap of the situation. The more detail you give them the easier it is for them to understand the problem.
 
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I am appaulled about this "Special Assessment Fee" document. I have spoken to 3 seperate people with the InnSeason Resort company; however, I have not had really any of my questions answered. No where in the contract that my husband and I signed does it mention this fee. I was told "it is in the bi-laws". I never received a copy of these "bi-laws" nor did I sign them. I am going to contact the Better Business Bureau, but also may contact the AG's office, as I think this is a violation of my contract. I pay my maintenence fees, which by the way, have gone up tremendously since my husband and I became members many years ago.

I am not a happy camper. But, I think that there is power in numbers, so maybe if we all call and express our disagreement, something will give. I hope that people aren't actually paying these. I feel like it's a bailout of some type and I am not about to dish my hard earned money out to buy new curtains and flat screen tvs for the units. UGH!
 
I am appaulled about this "Special Assessment Fee" document. I have spoken to 3 seperate people with the InnSeason Resort company; however, I have not had really any of my questions answered. No where in the contract that my husband and I signed does it mention this fee. I was told "it is in the bi-laws". I never received a copy of these "bi-laws" nor did I sign them. I am going to contact the Better Business Bureau, but also may contact the AG's office, as I think this is a violation of my contract. I pay my maintenence fees, which by the way, have gone up tremendously since my husband and I became members many years ago.

I am not a happy camper. But, I think that there is power in numbers, so maybe if we all call and express our disagreement, something will give. I hope that people aren't actually paying these. I feel like it's a bailout of some type and I am not about to dish my hard earned money out to buy new curtains and flat screen tvs for the units. UGH!

If you bought resale, you usually would not have received a copy of the by-laws and other governing documents. If you bought from the developer, you definitely should have received a copy of these documents. The disclosure on assessments would also likely be in the Public Offering Statement you should have received. In most states, the rescission clock does not start ticking until you receive the Public Offering Statement.

You do not sign the by-laws or declarations. In most states you sign the Public Offering Statement, and in their will usually be a statement that you received the documents in question.

The problem with not paying the assessment is the you will lose usage of your timeshare.
 
I bought resale maybe 5 years ago or so. I received a package of documents that are stapled together called Vacation Ownership Condominimum Documents Pollard Brook.

The documents are unsigned sample agreements dated 1989. They include The Public Offereing Statement; Pollard Brook, A Condominimum Declaration Pursuant to RSA 356-B-(this is subdivided into Title l Disclosure Pursuant to RSA 356-B:16 and Title ll By Laws of the Pollard Brook Unit Owners Association and Title lll Timeshare Management); Pollard Brook Condominimum Timeshare Rules & Regs; Offer & Contract to Purchase

If I can help lookup something, I'd be happy to accomodate

don
 
Those are all the documents I also have with a few more. Copies were sent to the AG's office with my concerns. The signing and attestation to those documents was done on the NCR paper called Owners Declaration-bright yellow color..."I acknowledge receipt of a copy of P & S Agreement and PO Statement under two separate items. It doesn't reference Bylaws however. All of ours were in a spiral bound booklet provided at the time of purchase in 1995. Look on page 19 of the Pollard Brook, A Condominium Declaration - it speaks to Special Assessments there. The NH RSA's also speak to it in the same fashion. It says the charges must be associated specifically to the unit for his period of occupancy and it lists the specific items/areas but of course says "is not limited to". I am not a lawyer so don't know how to make sense of this type thing that always seems to leave a little wiggle room. That's where I am hoping the AG's office can help. Our maintenance fees should cover the the items they are speaking of, I believe the bulk of what we are being asked to cover is more so related to the bad debt they speak of. Also of note to some pehaps, many of my documents speak to Billy Curran as the developer. :)
 
Also of note to some pehaps, many of my documents speak to Billy Curran as the developer. :)

From the InnSeason website:
InnSeason Resorts
Developers William E. “Billy” Curran and Dennis M. Ducharme joined forces in 1987 to create New England’s first “branded” vacation ownership development company, InnSeason Resorts“. Ducharme and Curran share over 20 years of development and marketing experience in New England, with their respective companies and own resorts in Massachusetts, New Hampshire and Maine. With the creation of the Northeast’s first homegrown brand of resort hotels, the two entrepreneurs introduced their own styles of expertise into what is still a burgeoning vacation ownership-resort development landscape.
Billy Curran is the Chief Executive of InnSeason Resorts, and President of Curran Management Services, Inc., the largest vacation marketing company in the Northeast. A sales and marketing executive for over 25 years, he has developed resorts on Cape Cod and Maine over the past decade.
Dennis Ducharme is President of InnSeason Resorts, and has developed several resorts on Cape Cod, including the Cove at Yarmouth, New England’s largest purpose-built vacation ownership resort. In 1994, he began the re-development of Pollard Brook Resort at Loon Mountain, at that time his seventh hotel project. Plans for the future include continued development in Lincoln NH as they continue the multi-million dollar redevelopment of the Old Franconia Mill, and continued expansion of InnSeason Resorts Pollard Brook. They are looking at other locations in New England for development opportunities, as they simultaneously pursue relationships outside of the Northeast, allowing them to offer InnSeason Vacation Club members more options in their vacation planning.
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What is interesting to me about the above statement is that we bought in 1998 and Dennis has been the lead for Pollard Brook. I don't remember exactly when they rolled out the InnSeason Brand, but it was after 2000 and they made a big deal about it, implying the partnership of Curran and Ducharme was something new. Obviously, it wasn't if they joined forces in 1987.


What appears to be deceit may be traced back to at least 1987.
 
This is the first I have heard of the assessment, too. I did not receive a letter, and when I log in to my account the balance is $0.00. I do see this on the innseason website which gives tremendous comfort:

Great News! Installment payment options available for this Special Assessment.
 
Interesting - I guess they are only hitting us as "owners" as opposed to the points folks. Do you pay a maintenance fee annually as we do?
 
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