Letter from Tom DeClemente to WSJ HOA
If any of you are interested in being part of a class-action suit, please send me a private thread with your name, e-mail address, home address, telephone number, week and unit number owned. I will add you to a database I have of several WSJ owners. The more people we get, the better the case we have.
Everyone who might be interested in the class action suit, here is a letter that Tom Declemente has sent to them outlining some of our plans to take action.
Virgin Grand Villas-St John Condo. Owners Assoc.
PO Box 105104
Atlanta Georgia
30348-5104
Dear Sir/Madam:
I am enclosing my check, paid under protest, for $31,214.17 for the following weeks in Villa XXXX: 4, 5, 6, 7, 8, 9, 29, 30, 31, 32, 33, and 34 as well as for Villa XXXX, week 6. The remaining $13,496.86 for the replacement reserves will be paid in the first week of March 2010.
My position and most other owners position in dealing with the absurd maintenance fees and replacement reserve costs have cost any remaining goodwill that SVO/Westin may have once had to disappear. It is our collective intention to bring this abomination to the attention of the public, the media, and the courts as to what is being done to us, the owners of this beautiful resort, who are being used by SVO/Westin as ATM’s. Many of us make a decent living but find the amount of money that is being claimed as necessary for maintenance on an annual basis to border on gross negligence and possible illegal conduct. We fully intend to pursue every lawful measure to take control of the board and to punish any we find who breached their fiduciary duty and/or legal responsibility to the owners.
It is also my position shared by most owners that the entire board should resign forthwith and that a new election be held no later than the end of March 2010 to replace the current board. Also, it is our intention to see to it that no SVO/Westin employee becomes a member of the new board as it is an obvious conflict of interest.
It is requested that all owners names and addresses and e-mail contacts be made immediately accessible so that communication between us is possible. Failure to provide this contact information by February 1st 2010 will result in an action to compel the production of same. Further legal fees and costs will be sought as it will be deemed a deliberate attempt to prevent the owners from protecting their ownership interests.
The owners are beginning to come together on their own and within a short period of time there will be a massive media campaign, legal action and other initiatives in an effort to bring to light the corruption that we believe is demonstrated by the attempt to force owners to relinquish their units because they have become unaffordable. Not only have they become unaffordable but the construction of "pool villas" on hotel property has adversely affected the value of the units on the hillside and has diminished the services to the hillside owners in their ability to rent or sell. The resale value of our units has shrunk almost 40% in the last 2 years mostly because it has become very clear to prospective buyers that the units are unaffordable. This is especially egregious when it is declared by the board that a fair percentage of the owners who cannot pay require all paying owners to make up the difference. It is well known that the once legal owners are deprived of the use their villas for nonpayment that the units are used by the SVO as giveaways or rentals. The ownership association shows no income, including rents and fair market value attributions arising from the use of those repossessed units by non owners. That practice constitutes a blatant conversion of funds that should be attributable to the paying owners instead of forcing the paying owners to also pay for the owners who can no longer afford these onerous charges.
All of the above is not an idle threat. All will happen in short order unless SVO/Westin comes to its senses, reduces the maintenance for 2010 by 30% and reimburses all of us who have paid the overage and cancels all replacement reserve fees which are being charged by virtue of illegally misapplying the bylaws that govern the St. John Villa Owners Association.
I am circulating a copy of this letter to all members with whom I have contact information. I will request all owners receive this letter to circulate it to others. We will continue to fight to protect our rights from the voracious appetite of SVO/Westin. I believe you will soon be seeing many letters similar to this all decrying the betrayal of the Board and its minions to the owners. And you will see action as aforementioned.
Very truly yours
___________________
Thomas A. DeClemente