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The Blue Whale - Dejavu 2000?

GeorgeJ.

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I'm surprised that there have been no posts on the latest garbage from the Blue Whale BOD, who are now trying to get the owners to change the CC&Rs...

Back in 2000, they told us that the building was falling apart, could be condemned by the City Of Oceanside at any time, and we needed to spend $5,000,000. A group of TUG Blue Owners spearheaded the drive to defeat that proposal. Back to the drawing board, the BOD came up with a $300,000+ renovation of the property.

Now, in a new revitalized attempt to screw the owners, the BOD wants to rewrite the CC&Rs "to prepare for contingencies that may include that the City Of Oceanside exercies its right to condemnation of our 1920's era building or deem the structure to be uninhabitable and the possibility that the Property may become financially uneconomical to maintain."

So, after $300,000 in renovations (keep in mind that this is a 12-unit building so $300,000 is a pretty hefty sum), the building is again in disrepair, and is ready to be condemned by the city of Oceanside?

Under the original CC&Rs, the timeshare was supposed to be terminated in 2014 or 2034 (discrepency on the dates). These brainiacs and their esteemed legal counsel have just discovered this after 25 years? Lanton Eldred has been the HOA attorney for "approximately 20 years." He's collected tens of thousands of dollars from the HOA over the years but has never bothered to read the CC&Rs until now? By the way, the last time I checked, Lanton Eldred is an estate-planner, though he plays a Real Estate Attorney at the annual meetings, IMO.

Much of their new rewritten CC&Rs are very troubling to me. The timeshare can only be terminated if a plan is in place to replace the building? I don't think so - I will only vote for a plan that will let it be terminated for any reason, and with the option of just outright selling the land with the proceeds going to the owners. "The property shall be sold to an entity created for the sole and express purpose of constructing a new Project upon the Property.." And just who would this entity be? And where would they get approximately $9,000,000 to buy the land (30 foot lots are still going for about $3 million and the Blue Whale property is 90-feet wide) ? And where would they get the funds to build the new structure? Would that entity be Tricom Management, and the money come from the current owners (to buy it from themselves?) ? Or perhaps Schnepp Inc. and they'd offer $500,000 for the land? And, if a new structure is built, those owners who wish to participate need to pay up and pay developer price (minus I'm sure a very generous resale value of their old unit) for a new unit. Get a clue - with the current recession, very few timeshares are going to be sold at developer prices in the coming years..resales are going to be in big supply too.

BOD at Blue Whale: If you want to rewrite the CC&Rs, the termination date remains 2014; the owners can vote to terminate for any reason at any time (not just in 10-year periods); the owners can terminate to sell the property to ANYONE. Your rewrite as it stands is garbage. I VOTE NO!

I expect that most TUG owners who owned at the Blue Whale back in 2000 have long since bailed out. Are there any of you left? I urge all of you to vote no on this ridiculous proposal. Just my personal opinions here.
 

Liz Wolf-Spada

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I'm not an owner, George, but I agree with you. If the timeshare goes, owners should get bought out. That's very valuable property.
Liz
 

GeorgeJ.

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Thanks, Liz.

Are there no longer any TUG members that own a week(s) at the Blue Whale?

I know that Maz bailed out years ago after getting tens of TUG members to buy in...Thanks Maz.
 

GeorgeJ.

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There appears to be a new condo development down the street from The Blue Whale at 400 South Strand called South Strand. There appear to be 8 units in it with list price of each unit at just under $3 million each. The lot that the South Strand stands on is 10 feet wider than the Blue Whale lot - 99 feet versus 90.

Hmmmm, 8 units at $3 million equals $24 million. The Blue Whale lot(s) (I believe they originally joined two 45-ft wide lots together to get the current 90-foot width) would be quite a bit more valuable for someone wanting to build some luxury condos on the site than an old timeshare that could be condemned any moment...http://www.souththestrand.com

My phone calls regarding the Blue Whale lot got me an informal appraisal of $5-5.5 million at this time. In the next year or two, it would be easier to sell if the credit crunch eases up and would probably go for more at a later date. The multi-million $ condos & ssingle family homes on South Pacific Street and The Strand ARE still selling. And they haven't dropped 35% in value like much of San Diego County.

You can believe that this is a valuable property.
 
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funtime

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Thanks for the post. I am an owner but was just not paying attention to this issue. Funtime
 

GeorgeJ.

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Funtime, I hope you are planning on voting a resounding NO to this ridiculous proposal...

Why on earth would anyone give them the power to decide that only ONE entity would have the right to bid on buying the property...

I certainly wouldn't want to be selling a home and be restricted by CC&Rs that say only one person is even allowed to make a bid on it, and the HOA will decide who that one person will be..and, gasp, that person would most likely already have a relationship with the HOA....think you'd be getting a reasonable offer?

Blue Whale Owners, VOTE NO!
 

Amy

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I'm not an owner, but I recall the last round and I feel bad for you re this round. I think Steve Nelson was an owner here at one point, right? Or is that Winner's Circle. Whatever happened to Maz? It has been years since I've even seen that name mentioned here.
 

T_R_Oglodyte

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I'm not an owner, but I recall the last round and I feel bad for you re this round. I think Steve Nelson was an owner here at one point, right? Or is that Winner's Circle. Whatever happened to Maz? It has been years since I've even seen that name mentioned here.
Never owned at the Whale. Still have my el cheapo Winners Circle week that is by far the best timeshare value in my portfolio.
 

GeorgeJ.

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Anyone going to the Annual Meeting Saturday (2/7)?

I will be there.

One other note, from the ballot...."Note: The Board has resolved that in order to approve the proposed amendment 51% of the Membership (312 affirmative votes) must respond with a written ballot and a majority of the Membership must approve the proposed Amendment"

What exactly does that mean? Over 312 ballots must be cast and at least 312 of those must be in the affirmative? That's my understanding of how this should work...Over 312 owners must vote, and they must receive over 312 YES votes to pass it.

I have sent in my NO vote; other owners, have you?
 
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