New Owners

Hmmm...Are you sure that the $660 you paid was for the Maintenance Fee (that is usually billed in October and is $619 for me), and not the Special Assessment. The Special Assessment had a provision to pay $660 by July 31 and get a free week. I was leery of the Special Assessment notification and decided not to rush to beat the "deadline" knowing that it would just not be worth the effort to try and use the "free week."

I previously posted the following in response to issues surrounding the Special Assessment:

"It is unfortunate that you have already paid the "special assessment." I found out about this through an otherwise benign appearing email with an imbedded PDA. It seemed excessive to me so I have looked into it. The staff at Summer Winds initially informed me that they would have a "portal" up by mid July that would document the justification for this. I finally was able to get into this and reviewed the audited 2018 "Reserve Report" and minutes from the March 2018 annual board meeting. Though the Reserve Report seems to indicate some future shortages, there is no mention of a need for a "special assessment." There was no discussion at the Annual Board Meeting regarding a special assessment. I contacted Owner Services at Summer Winds and they stated that the decision to initiate the special assessment was made sometime "after the meeting." I asked for documentation from that decision and am thus far have not received any. Owner Services seems to have a standard response to this as I have talked with them on three occasions now. Something about a "new clubhouse" (not mentioned in the reserve report or elsewhere)..."no assessment for 15 years"... "section two [of the contract regarding assessments]", etc. It would seem that it would take an official Board Meeting to assign such an assessment, and perhaps a vote of the owners. (That is how our local HOA works.) ... I would appreciate any information that you have come up with and will continue looking into this." [Some corrections and deletions from my original post]

I look forward to any further information regarding all this as it seems a bit fishy. I hope that you are not in for more surprises.

Is that how it works?

jlb wrote:

How about because Pat Joyce said to?

Unfortunately we have paid the special assessment fee and yes I paid it before August 1 in hopes that we could use the "free week" over Thanksgiving this year as I had inquired prior to paying it that we could and there was "plenty" of availability. What they did not tell me was that there were only a number of units set aside that could be used for the "free week". In the future I won't get caught up in this again. We are so frustrated and have continually been lied to over and over. I knew this was probably too good to be true, but stepped out in hopes that we could use it this year. As it stands it looks like there is no availability until after Spring 2019. We have paid for our unit and I am checking into just deeding it back to them to get away from this ongoing saga of a headache. I would be interested in knowing more information about the assessment should you get more information.

Yea, they called me about banking my week and mentioned the added fee. they said the $660.00 was in addition to the yearly maintenance fees. I just wish they would be honest and tell owners what it is for. absolutely no communication with the owners about this.

I believe David Siegel once said, "Owners are my cash cow."

maybe not

Speaking of getting rid of timeshares that you don't need, don't use, and don't want, who says you can't.

I started getting rid of 6 in 2008, and we only have one of those left. Of course, we gave them away, paid closing costs, etc.

So, there you go.

https://www.bbb.org/us/mo/branson/profile/timeshare-companies/summerwinds-resort-services-llc-0734-29040

As bad as ever.

How did you get rid of the timeshare?

danm737 wrote:

How did you get rid of the timeshare?

Ten years of craigslist ads, which are still running. We got one more to get rid of, and two to keep. Both of the keepers have year-round amenities rights, one for golf and one for beach club.

I rent all three to minimize our annual loss.

We have maintained our RCI membership, and I still do a few reservations each year, Last Calls and Extra Vacations, for friends on Guest Certificates.

Unrelated, but related, now that I think about it, one of the resorts we used to trade into has been dissolved, and has cleared all the legal hurdles to be auctioned off today.

Update...I had the opportunity to talk directly with Pat Joyce while my wife and I were staying at Stormy Point. It was purely by chance as we ran into him at the Pirates Cove (main clubhouse) bar. He remained quite vague as to the reason for the assessment...new linens, new appliances (these should be covered by our regular maintenance fees)...he's put "$450000" of his "own money into it"...something about a new sewer plant (as someone has already mentioned), etc. He again said that the board approved the special assessment. I mentioned a lack of any documentation and he said he "would get the 2018 reserve report onto the web site." The reserve report was already there and states that the reserves are "adequate." (And, again the March BoD meeting mentions nothing about the need for a special assessment.) After nothing else showed up on the Stormy Point web site I filed a complaint with the AG, specifically asking as to whether open meeting laws or other state regulations on timeshares might govern how these assessments are decided. The preliminary answer was that this was a legal issue and they couldn't help me. I am not sure they got my concern and am writing back for clarification. Otherwise this may require inquiry by an attorney or a class action intervention. In the course of our conversation, Joyce mentioned that he had sold Walley's Hot Springs in Nevada to Hyatt recently and my suspicion is that he is trying to pad the finances in order to sell Stormy Point to a large organization. I asked him what was to keep the Board from randomly assigning a $5000 special assessment and he said "nothing... [except bad PR]." Beware! Of course all the bad BBB reports etc. are all the fault of the "get out of your timeshare attorneys" who "randomly file" these "to recruit more clients."

I am not nearly as concerned about the amount of the special assessment as to how it all came about. Is paying it just throwing good money after bad? Where does it all end? I know...welcome to the world of timeshares.

I look forward to any ideas out there regarding this issue and will keep you posted.

mitchellm53 wrote:

I filed a complaint with the AG, .

Josh Hawley is too busy to do anything for consumers.

I think a class action law suit would be a good idea.

jamesv244 wrote:

I think a class action law suit would be a good idea.

Even one as warranted as the one against RCI got resolved in RCI's favor. Instead of preventing the rental of SpaceBank deposits, and other courses of business detrimental to the owners of timeshares, it just validated those things, and made them SOP.

First step in a classaction is to find a classaction law firm; they will know if it is warranted.

Since the sleaziness of the timeshare industry is accepted behavior, the powers-that-be figure they have given consumers all the protection they need, and we are temporarily mired in an anti-consumer/pro big business legal environment, a lawsuit is unlikely. A successful one, that does more than pay the law firm, is even more unlikely.

I would love to get in on the Class Action Lawsuit, Stormy Point Village has screwed us over BIG TIME...... I can't even get into it because I'm planning on the future to be in court w/them. Lies Lies and more Lies.....

Have you filed your complaint with the SW Missouri BBB?

I do know they settle with those who lawyer up, but that is over the initial purchase, not ongoing problems.

My wife and I feel that a Class Action Lawsuit is the only way to get this special assessment issue resolved. We have not paid it yet and do not intend to. I am sure a lot of owners would join into this course of action.

Send a letter to owner services. ask them for the notes from the owner's meeting that these fees were determined. Ask them for a line item account of how this money is going to be used. cc to your lawyer.

I have not "lawyered up" yet but agree with you on the class action. I sent info both online and via letter to the AG (Josh Hawley at the time) and they didn't seem interested. I have talked at length to staff at SummerWinds/ Stormy Point and they are very vague as to the documentation of the decision to make a special assessment. There is nothing in the March minutes or the 2018 Reserve Account Report regarding the need for this.

I talked in person to Joyce and he remains vague as well. He only stated that he would get the Reserve Account on the web portal. It was already there (though he was apparently unaware of this) and the report states that "reserves are adequate" (though admittedly the numbers don't look that good to this non-accountant). See my prior notes regarding this. It seems that now that people are realizing that the "Special Assessment" is NOT the "Annual Maintenance Fee" there is some obvious concern. It seems suspicious that the Assessment billing came out before the Maintenance Fee billing and after the usual early October Maintenance billing. I believe this was by design so as to confuse the owners. I have not sent a letter to get them to clarify and document all of this, but perhaps one sent through an attorney would be a good start. Please continue to update on these pages for all to follow.

ottob3 wrote:

My wife and I feel that a Class Action Lawsuit is the only way to get this special assessment issue resolved. We have not paid it yet and do not intend to. I am sure a lot of owners would join into this course of action.

The current MO AG, if there is one, does not care about consumer rights v. BIG Business. The MO AG has not acted on behalf of consumers since Jay Nixon.

Your best bet is to add your complaint to the pile at the BBB, which requests for businesses to respond, and lawyering up on your own. I know Pat Joyce's business acts on those who lawyer up, at least for the initial lies/sale.

Scummy, scammy people taking advantage of Branson tourists. There's plenty of that around Branson.

https://www.bbb.org/article/news-releases/18586-bbb-warns-consumers-to-use-caution-when-buying-a-timeshare-from-summerwinds-resort-services-llc

I just bought 2 days ago would you be willing to let me know some more info privately I am worried maybe we mad a bad decision

jlb wrote:

It does not matter if I have a backbone or not, since I am not a victim. I can't file a complaint if I have not been scammed. Pretty simple.

Not to reveal too much, but I/we have been timesharing for more than 25 years, and advising other owners via internet timeshare forums almost every day for about 15 years.

I, and a small group of others, worked together to help reveal the secrets when they were all "proprietary".

During this time, I have ran several issues past the MO AG, so that I know that I cannot do that unless I am a victim. I have also done the same in Florida.

I have done the best one person can to try to get these folks to understand that the biggest scam is what is considered the "legitimate" timeshare industry. If they did not do what they do the way they do it, there would be no need for resale scams and post card companies.

Those who know me know this, and I don't see anyone in this thread who knows me.

In this case, if the industry provided for owners when they are done using their timeshares, this scam could not be perpetrated. I have talked to other salespeople at the same resort, and they are rude, callous, unconcerned about anything but the next deal. One has mocked me over the $3000 in annual fees we have for timeshares we no longer use.

Yesterday I ran into a couple who were just livid, totally upset and out of sorts. They had just left their 90-minute presentation after four hours. Same resort. The good thing for them . . . they left.

Since I am no more of a victim than you, and vice versa, feel free to link this thread to the MO AG, anyone:

ag@ago.mo.gov