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Wyndham Carriage Hills Resort news 20% default

goaliedave

Guest
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Jan 5, 2019
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Resorts Owned
Raintree, Diamond (bought by Hilton), Shell (bought by Wyndham), Sheraton (bought by Marriott), Palace Resorts, a few independants
Copied from chcrowners fb page
STAY INFORMED AND JOIN THE CONVERSATION

by Cheryl Chaytor

What have I missed?
The first 2020 Carriage Hills Board of Directors meeting is fast approaching. It will be held on Tuesday, February 18 at 1 p.m. on-site at the Stanhope building. We have not yet seen an agenda, but do anticipate some topics. Minutes from the 2019 AGM are due for approval. Given our current financial situation, are looking forward to seeing end-of-year balance statements, etc.
Owners can attend in person, by logging in to the Members Only section of the CHOA website and pre-registering, https://carriagehillsoa.ca/. There may be time for a Q&A at the end. If you are waiting to be registered on carriagehillsoa -- or if you are having technical glitches -- please send an email to darren@carriagehillsoa.ca and sarah.lambert@wyn.com to inform them of your intention to attend.
For those who cannot attend, we are looking forward to live streaming of Board meetings, for the first time ever. Provision for telephone inclusion is in the By-Laws, and it has been promised since the last AGM. This should be accessible via the CHOA Members Only page, where the link is supposed to appear. See: “Board of Directors Meeting - Live”.
We have already been told that the BDO proposal will NOT be discussed at the February Board meeting.
We were at 20% delinquencies in August 2019. In the words of our Board president, at Aug. 26, 2019 Board meeting, “people are defaulting faster than we are collecting from old owners who have defaulted”.
As our Management Company, Wyndham recommend a 20% increase our fees this year, as documented on page 4 of minutes from August 26, 2019 Board meeting. The board agreed to 10%. When will the money run out? We are on the hook for a special assessment at any time, whenever our Management Company can persuade the Board to implement one.
The timeshare agreement (please read!) makes all remaining owners responsible to cover delinquencies. We pay $300+ per deed extra to cover delinquent owners. [source: our Owners 2019 AGM Report - question #12, response from D. Chapelle]
Delinquent owners are being sent to collections and small claims court, where they are losing and having to pay hefty fees.
There is no empathy for personal situations. The board has stated they can garnish your wages and put a lien on your home.
The “in perpetuity” clause is real and binding. We have examples of second generations having to deal with inheritance and tying up estates. It doesn’t matter whose name is on the deed, it WILL stay in your estate until it is transferred.
Well, what about all the lies we were told when we bought? There is a clause --known informally as a license to lie -- in our contract which absolves the developer of any claims made in the sales presentation. You can find this on page five under "Covenants, representations and warranties of buyer".
There is no Third-Party Exit team who can relieve you of your timeshare. There is no resort that will “take Carriage Hills off your hands” if you buy into their resort.
We need 75% of owners to agree to obsolescence. [This is stated on page 38 of the Timesharing Agreement, in Section 11.05 (b).]
The owner list, which we fought for and now have, turns out to be woefully inadequate and is making it difficult to reach owners.
What headway have we made?
The Facebook group has been active for over 2 years. We have grown substantially in numbers but still have a way to go.
We set up a Transition Committee which met and discussed exit options for presentation to the Board. This “exit subcommittee”, formed in late 2018, reviewed various third party companies being recommended, and found them severely lacking. It also drafted an owner’s survey, which the Board revised and sent out by email in September. Results from that are available on the CHOA and CHCR websites.
We sponsored a visit from a US timeshare activist, Irene Parker, with owner group informational meetings, making media contacts while she was here, etc..
We have had interviews on Pat Foran’s Consumer Alert. We have reached out to all media. We have written and met with MPP’s. Becky Raetsen has written some fantastic sample letters to get people started, available in our Facebook files. The most recent is dated January 26 (labelled as “Required Reading”); it is a downloadable PDF and includes email addresses.
We have had a successful meeting with Lisa Thompson’s office, the Ontario Ministry of Government and Consumer Services, at Queen’s Park. If anyone has any contacts that could be helpful, we implore you to reach out.
We have almost 1700 people in our Facebook group now. We have a logo, business cards and a website for Carriage Hills and Carriage Ridge owners**.
We had so many owners come out to our October 2019 AGM that it had to be rescheduled to a larger room at Casino Rama, where it is estimated over 1,100 people showed up again!
We did get some answers and specific numbers as a result of questions submitted to the Board at the Carriage Hills AGM in November. For instance, from the 31 questions asked, we now know: Carriage Hills Resort Corporation (“CHRC”), a subsidiary of Wyndham Destinations, owns 1225 intervals in the Association [question 4]. The total number of owners at Carriage Hills is 9154, the number of delinquent owners is 1790 [question 18]. There were “280 plus” letters to owners that were returned with incorrect address [question 17].
We had a group of people take notes at the November AGM and were able to compile an informational Owners Report from that event, as official minutes take so long to appear (even a draft version is still not posted on CHOA). This report is available on the CHCR website, https://www.chcrowners.org/agm-report.
Well, we have made a start, but more is needed. What can we do?
Sign up on our Facebook group, Carriage Hills and Carriage Ridge Owners
Sign up on our owner-run website, chcrowners.org
Find our Twitter handle, @chcrgroup
Attend a board meeting, whether in person or by telephone
Find Becky’s letter in our Facebook files and write to your MPP. If you have written, do so again! Continue reminding them of our issues as the Ministry consultation continues, it is important they recognize our concerns.
Keep up with what is going on, and make contact with owners who are not informed. Be familiar with the Timesharing Agreement, By-Laws, etc.
Help us elect 3 owner-friendly candidates at the 2020 AGM in October. We need to have 3 (and only 3) candidates so we don’t split the vote.
MAKE SURE that your current snail and email addresses are registered with Carriage Hills. The best way to accomplish this is sending them an updated Address form. Don’t give them any excuse for not being able to reach you, or exclude you from participating.
We have many people who are in favour of not paying. Not paying your fees (although I completely understand it) is a dangerous game as you will be forced to pay back fees and extra penalties on top.
We have many people who are suggesting filing a Class Action lawsuit. We have heard from several owners in the group that have been involved in Class Action lawsuits. They tend to drag on for years (time we do NOT have) and often provide no result or a worse result than had things been left alone. I fear we will be bankrupt before this could even be launched.
** This group also represents owners at Carriage Ridge, and any advocating we do will benefit both

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ecwinch

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Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
It is a trend that many resorts are confronted with - the drag of defaulting owners - combined with an aging ownership base that tends to find less value in being timeshare owners. As the baby boomer demographic cycle plays out, I fear the trend is only going to get worse before it gets better.

And problem does seems to be worse in Canada (based on the threads in that forum) given certain nuances in their legal system and consumer protection laws.
 

Fredflintstone

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Rent only
It is a trend that many resorts are confronted with - the drag of defaulting owners - combined with an aging ownership base that tends to find less value in being timeshare owners. As the baby boomer demographic cycle plays out, I fear the trend is only going to get worse before it gets better.

And problem does seems to be worse in Canada (based on the threads in that forum) given certain nuances in their legal system and consumer protection laws.

Actually, based on the following case, resorts are in a stronger position to collect in Canada than some US States (especially those with anti deficiency rules).





@Braindead, @Grammarhero and I continue to and have always told folks the same process:

1. Try to sell your timeshare. Make numerous efforts. Offer it for a dollar (and pay off loan if there is one). Offer to pay transfer fees.
2. Negotiate with the resort for a deedback. If there is a nominal fee, pay it.
3. Look at State Laws and then decide whether or not to default. Consult legal advice before deciding.

I have said:

1. Resorts need a deed back program and a method to actively resell units.


Resorts can garner income from renting non performing inventory.

Resorts can recover funds through resales or, at least, have future income from paying MF owners in the future.

In short, if the resort does not take affirmative action on the rental/ deed back and resale side, they will experience losses that they will recover through their existing owners IMO. This could result in more owners defaulting if the dominos aren’t misaligned.

Please stop reading and sharing snippets of what @Grammarhero and I have said. Please share the entire context to garner an accurate picture. Sharing state laws and sharing general legal information is lawful. Heck, you can even share general legal information.

The fact is some owners will default. Each resort needs plans to mitigate. That’s why I rent only. I, for one, resent paying others bills and thus will not get locked into a timeshare contract ever again.

Lastly, for folks who simply can’t afford to pay, one cannot get blood from a stone. If they don’t have the money for whatever reason, they have limited alternatives and may need to make desperate decisions because of desperate times.









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falcon

TUG Review Crew
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Location
Ontario
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Discovery Beach Resort

Resort on Cocoa Beach
Delinquencies are very much hurting our situation at Carriage Hills/Ridge. We are paying about $300 extra/deed to cover delinquent owners. Wyndham has refused time and again to offer Ovations. Our average capacity year round is only 60%. You can't really blame them! But the good news is that the court has appointed BDO Dunwoody to fix things. Those who wish to exit, can do so before the 2021 MF's are due for a fee of approx 1.5x our MF. Those who wish to see what the restructure plan is will have to pay our 2021 fees, get the use year, but can still opt out for the same fee if they are unhappy. And IF the resorts can be "right-sized" for the appropriate number that wish to remain timeshare owners, it will do so. Buildings/parcels will be sold off and ALL owners (other than delinquent ones) will share in any proceeds. This is a HUGE WIN in this industry, imho. :)
 
Last edited:

dgalati

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Actually, based on the following case, resorts are in a stronger position to collect in Canada than some US States (especially those with anti deficiency rules).





@Braindead, @Grammarhero and I continue to and have always told folks the same process:

1. Try to sell your timeshare. Make numerous efforts. Offer it for a dollar (and pay off loan if there is one). Offer to pay transfer fees.
2. Negotiate with the resort for a deedback. If there is a nominal fee, pay it.
3. Look at State Laws and then decide whether or not to default. Consult legal advice before deciding.

I have said:

1. Resorts need a deed back program and a method to actively resell units.


Resorts can garner income from renting non performing inventory.

Resorts can recover funds through resales or, at least, have future income from paying MF owners in the future.

In short, if the resort does not take affirmative action on the rental/ deed back and resale side, they will experience losses that they will recover through their existing owners IMO. This could result in more owners defaulting if the dominos aren’t misaligned.

Please stop reading and sharing snippets of what @Grammarhero and I have said. Please share the entire context to garner an accurate picture. Sharing state laws and sharing general legal information is lawful. Heck, you can even share general legal information.

The fact is some owners will default. Each resort needs plans to mitigate. That’s why I rent only. I, for one, resent paying others bills and thus will not get locked into a timeshare contract ever again.

Lastly, for folks who simply can’t afford to pay, one cannot get blood from a stone. If they don’t have the money for whatever reason, they have limited alternatives and may need to make desperate decisions because of desperate times.









Sent from my iPad using Tapatalk
Well said Fred. Anti deficiency laws were created to help someone exit a bad deal or a purchase that became a financial burden. IMHO it's no differentiate then having buyers remorse and rescinding a purchase (as this poster did) to the buyers advantage.
 
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