maintenance costs

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Original Message:

Re: maintenance costs (by Jeff A.):

julieh156 wrote:
davidw459 wrote:
jeff1112 wrote:
carols306

I went through the exact same situation, I never recieved a bill and the the resort added on "late fees" and sent me to "collection". Talking to those people are like pounding your head against the wall! I contacted my attorney and she took care of it. Thank GOD for pre-paid legal. Davidw495 is correct in his attempt to ask for information, I'm having my attorney do that as we speak. I see fraud taking place here!

Good for you Jeff. It's about time someone stared using the same 'legal' tactics as they apply to us. Late billing is may be an obvious ploy to charge us more but blaming us for its cause. Of course it is could be charged because of their robotic staff's inefficiency but in either case, why should we suffer. I may be wrong, but I believe some of the controlling interests in Wyndhams are the same as those in Fairfield and its former parent company Cendant. Remember some of the Cendant chiefs were recently imprisoned for being crooks! Nice!!!! It may also be worthwhile notifying the Attorney General of Florida about our concerns over any potential financial irregular arising from the management of the Santa Barbara Resort. His details are: Economic Crimes Division Office of the Attorney General 135 W. Central Blvd. Suite 1000 Orlando FL 32801

The more complaints this gentleman gets, the more oblidged he is to investigate matters. The mere fact that they are under potential investigation will keep our management on its toes and get them to rethink any games they are playing. I appreciate that 'maintenace fees' are in a 'contract clause' to be paid to the resort even if it has been affected by a hurricane. However the term 'reasonable' applies to any contract term. The maintenance fees under this contract clause are based on the assumtion that the resort is still operational, albeit unavailable or is temporarily closed for a short period. In other words, all existing resort employees continue to be paid, utility charges still apply, etc etc. None of this applies to Santa Barbara. It has been completely closed for nearly two years for major works. Its just a construction site, so what existing items are being maintained? What are the maintenance charges for? Where is this money going (is it being used for other purposes that the owners shouldn't be paying for)? Where are the bills and invoices for this money to substantiate these fees and special charges?

I think that as owners there are a lot of valid questions that we have the legal right to have answered. Its about time we insist that they are answered in detail and in the public domain so we all know the truth.

My regards to all of you.

Good Morning everyone, I am new to this, but was excited to see that there are others who share in my frustration. I own 4 units at Santa Barbara, so I have paid 2 years of common charges plus now the assessment for the 4 units. I am seriously considering letting the go into foreclosure. I have contacted Wyndham regarding them taking the units back, of course.......no response. Any thoughts from you guys.......There is strength in numbers.

I have just spoken with an attorney from central Fla. It appears we have a serious issue here. PAY your assessments if possible or you will have more problems in relation to your credit if you are forclosed on. There are several steps we need to take to start to remedy this situation. We need to gather information so if we choose to have an attorney persue this matter he/she will have a good understanding of the suit. There is also the possibility of a criminal complaint for fraud. The attorney I spoke with feels there is most likely and at the very least a breech of the fiduciary agreement between the Association / Wyndhams and us the timeshare owners. If we want to pursue this we will first have to write a Demand Letter to the Association asking for a detailed accounting where the special assessment monies will be spent. We also need to get a copy of the insurance policy that was in effect when the hurricane struck the property. There is more info but I don't have time to write it down now. If you would like to get information on the Association registration go to www.sunbiz.org, the association was not registered for several years and we were being charged assessments by them, this is an issue!

IMPORTANT! If you cannot afford to pay these special assessments there is an option to ask the association to take your deed instead of forclosure and paying the special assessment fees. THIS IS JUST INFORMATION I RECIEVED FROM THE ATTORNEY. PLEASE DO NOT GIVE UP YOUR PROPERTY IF YOU CAN WEATHER THE STORM. Here is the addresses to the association members, David Bremer, 2601 Palmaire Dr. N. Pompano Beach, Fl 33069 Rick Dingle, 1110 South Ocean Blvd. Pompamo Beach, Fl. 33062 Dan Walters 8427 South Park Circle, Suite 500. Orlando, Fla. 32819

If anyone would like to work on this please contact me. Jeff Andring 3081 Post Rd. Newport, Mi. 48166 734-586-8988

There is plenty of work to be done to enforce our property rights!!