VRI bill arrived

[timeos2]

SA never pleasant for anyone

John, this renovation includes ALL facilities on the CCHE premises. I thought you somehow knew that. Sorry for the confusion.

Here is what he project includes:
- upgrades to all units

That would be one part of the total. And separate from any calculation of % for common area expenditures.

- Community Center Mechanical
- Community Center Furniture
- Lodge Building Equipment and Furniture
- Indoor Pool and Building
- Grounds, Roads and General Property

and a ton of money on Inflation and "unforseen"

Are we on the same page now??

Start the calculations & percentages again for these as at least some, maybe most, are in fact what would be termed "common area's".

As part of the proper SA there usually needs to be a detailed budget. That should spell out how much the units are chewing up in $$ - likely the majority of the total - as well as the true common stuff. If the common areas reach the maximum then a vote would be required. But its all based on valuation as you mentioned and that too is a flexible amount subject to change.

Knowing the management group involved and how they tend to err on the side of caution, not taking chances on legal challenges, I'll bet they made sure to dot the i's and cross the t's on the project & funding. Just a feeling as I have not even glanced at the details.

No resort or Board wants a Special Assessment so when one is done usually there are real needs. If not it deserves to be scuttled.

 

[palmtree7339]

Hi Folks,

I obtained a copy of Cape Cod Holiday Estates (CCHE) Master Deed and Condominium Trust this week. Section 5 of the Condominum Trust might be of particular interest to anyone who thinks the Special Assessment for condo renovations should not be allowed

Well, YOU ARE RIGHT! Because VRI and the Trustees have violated the rules of the condominium trust, which specificially state the Trustees must get approval in writing by 75% of the cono Unit Owners. To get approval, they should have sent all of us forms in the mail to SIGN! I received no such form, and i never agreed to this assessment.

For your convenience, I have typed up Section 5 of the Condominum Trust, which pertains to this Special Assessment. Here it is.....

On Page 17 of the Condo trust, under "Section 5. Rebuilding and Restoration, Improvements", paragraph B, the document reads

"If and whenever the Trustees shall propose to make any improvements to the common areas and facilities of the Condominium, or shall be requested in writing by the Unit Owners holding twenty-five (25%) percent or more of the beneficial interest in this trust to make any such improvements, the Trustees shall submit to all Unit Ownsers (a) a form of agreement (which may be in several counterparts) specifying the improvement or improvements proposed to be made and the estimated cost thereof,and authorizing the Trustees to proceed to make the same, and (b) a copy of hte provisions of Section 18 of said Chapter 183A. Upon (a) receipt by the Trustees of such agreement signed by the Unit Owners holding seventy-five (75%) percent or more of the beneficial interest or (b) the expiration of ninety (90) days after such agreement was first submitted to the Unit Owners, whichever of said (a) and (b) shall first occur, the Trustees shall notify all Unit Owners of the aggregate percentage of beneficial interest held by Unit Owners who have signed such agreement. If such percentage exceeds fifty (50%) percent, the Trustees shall proceed to make the improvement or improvements specified in such agreement.

c: Notwithstanding anything in the preceeding Paragraphs A and B contained, (a) in the event that any Unit Owner or Owners shall by notice in writing to the Trustees dissent from any determination of the Trustee with respect to the value of the Condominium or any other determination or action of the Trustees under this Section 5, and such dispute shall not be resolved within thirty (30) days after such notice, then either the Trustees or the dissenting Unit Owner or Owners may submit the matter to arbitration, and for that purpose (1) arbitrator shall be designated by the Trustee, one (1) by the dissenting Unit Owner or Owners and a third by the two arbitrators so designated, and such arbitration shall be conducted in accordance with the Rules and Procedures of the American Arbitration Association, and (b) the Trustees shall not in any event be obliged to proceed with any repair, rebuilding or restoration, or any improvement, unless and until they have received funds in the amount equal to the estimate of the Trustees of all costs therof."

My attorney is reviewing the Master Deed and Condo Trust this week.

Your comments are most welcome. Thanks!

Susette

CCHE Declaration of Trust, as amended on 4/21/95.

Susette,

You have quoted from the CCHE Trust Agreement, Sections 5.6.2 and 5.6.3, located on pages 16 & 17.

I would like to direct your attention to the previous section, Section 5.6.1.
on page 15.

It states:

Determination of Scope of Losses.

In the event of any casualty loss to the Trust property the Trustees shall determine......

It seems that the operative words are CASUALTY LOSS, which I would infer to mean losses to the Resort which could include Fire, Flood, Hurricane, Explosion, or even Earthquake, however remote that this would ever occur.

The above subsections, of which you quote, in my view, would pertain to votes required by unit owners, only if any of the above disasters occurred at CCHE.

Susette, I would suggest you review
ARTICLE V, By-Laws, located on page 7.

Section 5.2 Powers of the Trustees.

The Trustees shall, subject to, and in accordance with all applicable provisions of Chapter 183A and 183B,
have the absolute control, management and disposition of the Trust property.....as if they were the absolute owners thereof, free from the control of the Interval Owners....
with full power and uncontrolled discretion, subject only to the limitations of Chapter 183A and 183B.....without the necessity of applying to any court or to the Interval Owner
for leave to do so:

(a) retain the Trust property, or any part or parts thereof, in the same form or forms of investment in which received or acquired by them so far and so long as they shall think fit......

Section 5.5.1 Reserve Funds (page 13).

.....The Trustees may.....set aside common funds of the Condominium
as reserve or contingent funds, and may use the funds so set aside.....for repair, rebuilding, or restoration of the Trust property, or for improvements thereto.....

Section 5.5.2.2 (page 13)

The Trustees shall have the authority and duty to levy and enforce the collection of general and special assessments for common expenses.....


Susette, neither you nor I are practicing attorneys, but we are both concerned that the BOD continues to follow the requirements as set forth in both the Declaration of Trust, as well as the Master Deed of the Cape Cod Holiday Estates Condominium Trust, and the statutes, Mass. 183A and 183B.

We differ, in that I believe that the BOD doing so, in conjunction with VRI, the Management Company.

You clearly do not believe so, as is your rightful opinion.

However, may I caution you, that some of your allegations, as stated in this thread, stating that the BOD has violated its fiduciary responsibilities, as well the provisions of the Trust Agreement and the Mass. State Statutes strikes me as quite extreme, unfounded, and certainly premature, since, as you stated, your attorney has not as yet rendered you an opinion, per your request.

Please attempt to restrain your charges of violations against the individuals serving in behalf of the CCHE owners, until you are in the position to legally substantiate them.

I shall look forward to the website for CCHE owners. This is a positive step, for which you should be commended.

Palmtree

 

[timeos2]

Great book about condos/timeshares

So who pays you to monitor this board and subdue the Unit Owners when they get restless?

Just a hard headed desire to see facts rather than the often emotional responses posted for general consumption.

Again having lived through the nightmare of over 1000 owner emails / contacts to our Board in 2001 - and making sure each and every one got a personal reply from at least one Board member - I have seen the "this isn't legal, I refuse to pay, what right do you/the Board have to impose" arguments all too often. If those owners took the time to read what they accepted in those hundreds of pages of resort docs and State/Federal rules, regs and laws they would realize they aren't making a valid argument. There are procedures in place to prevent abuse and to make Boards/Management properly accountable. Every owner should be aware what they agree to by purchasing a condo/timeshare. Far too many never actually read the docs and very few the laws/regs and then are seriously surprised at what they have committed to. How much responsibility the Association Board takes on to keep the operation as good or better than day one and how they are legally required to collect, from the owners, to support it all.

It is interesting reading. I am currently reading a book on this very subject that would be extremely valuable to every timeshare owner to review. It spells out just how much control is vested in the Associations and how as an owner you are committed to paying the costs.

 

[AwayWeGo]

I'm Waiting For The Movie Version To Come Out.

I am currently reading a book on this very subject that would be extremely valuable to every timeshare owner to review. It spells out just how much control is vested in the Associations and how as an owner you are committed to paying the costs.

Any sections of the book that are specific to timeshares, as distinct from straight residential condominiums & various covenant & common ground neighborhoods ?

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

 

[timeos2]

Any sections of the book that are specific to timeshares, as distinct from straight residential condominiums & various covenant & common ground neighborhoods ?

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

Yes. The book was written by the named attorney's that won our case against the developer in 2001. Contact from them was how I found out about the book & now that I've read about 1/3 of it the application to timeshares is very clear.

 

[AwayWeGo]

$10.99 (+ Shipping) From Half Dot Com.

-- hotlinked --​

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

 

[palmtree7339]

Timeos2, You are correct!

COMMON areas. Those are NOT the units themselves but the shared areas common to all. The BOD is not looking to change the common areas but the basic resort elements - the sections they are charged with maintaining for the 50+ individual week owners. Different animal. That section applies to things like deciding to add a new pool - that would require an owner vote. Not upgrade & maintenance to the units.

You of course can interpret the laws any way you want but, based on 20+ years of timeshare operations (not pure condo ownerships which, due to both operational as well as ownership differences would tend to be handled differently) the Board has acted within the law. Anyone can challenge it as you may have decided to do, but I'll place my bet that ultimately the BOD actions will stand. Time (and expenses) will tell.

Congratulations to you, Timeos2, for your accurate explanation to Susette,
as to the definition of "common areas".

CCHE common areas are NOT
included in the current Renovation Project at CCHE, which is being funded by the S.A., contrary to Susette's continuous barrage of unfactual postings on this subject.

I now can only wonder as to what her motivations really are, for continuing to repeat such false and misleading statements on this important issue, to the owners at CCHE.

Palmtree

 

[palmtree7339]

Susette, you are wrong, AGAIN!

Then the MA law definitely applies here. This Special Assessment included improvements to all common areas and facilities:

- upgrades to all units
- Community Center Mechanical
- Community Center Furniture
- Lodge Building Equipment and Furniture
- Indoor Pool and Building
- Grounds, Roads and General Property

Susette,

Where did you come up with the above false and misleading information as to what is scheduled to be improved by the current CCHE
Renovation Project.

This posting of yours is total nonsense!

On October 23rd., 2009, all CCHE owners received a mailing containing a comprehensive explanation as to what would be covered by the Special Assessment charge.

You were asked to "carefully read this important information".

Enclosed was a "summary of work to be completed".

It was broken down into 8 catagories:

1. Master Bathroom
2. Kitchen
3. Sun Room Slider
4. General Interior, (doors, sliders,
skylights, etc.)
5. Second Bath
6. Utility Closet
7. Furniture
8. Other, ( TV, stone walkway to front
door, exterior painting and repairs).

Also enclosed were colored photos, both before and after, of the interior of the units, based on the model that has already been renovated, Condo Unit #13.

NOWHERE in this mailing was there any proposed improvements to the CCHE common areas, as you have stated in your above posting.

I plan to notify TUG of your continuous
false and misleading statements, as contained in this thread, and to ask TUG to take the necessary steps to prevent you from repeating your improper allegations directed towards
fellow Tuggers, as well as the Management Company, (VRI), and the Board of Trustees at CCHE.

Palmtree

 

[TUGBrian]

So who pays you to monitor this board and subdue the Unit Owners when they get restless?

this is TOTALLY out of line.

I realize that you are upset over this issue, however being rude to a VOLUNTEER moderator who is taking their own free time to help you (even if it is in an educational way)...is completely uncalled for and will not be tolerated.