Mariner's Pointe Resort Ongoing Lawsuit

Our family purchased a timeshare some 15-16 years from this resort after spending a week there. We enjoyed going there for many years with our two young teenage sons. There was much for the boys to do, we were welcomed with a Wine & Cheese Party, they had a Restaurant connected at that time, it was a guarded community, and everything was always clean and nice. Over the years, however, things declined quite a bit.

Little did we know what was in store when this resort got into and stayed in litigation over the lake for some 10+ years and even to the present maybe. We had obtained additional units before the law suit and were motortified when we received a SECOND SPECIAL ASSESSMENT of almost $500.00 per unit to help pay for the law suit.

By that time we owned four weeks, I had retired, our sons had left home, and my wife had been forced to leave her job for medical reasons......we then contacted the resort and advised them that it was impossible for us to pay that amount of money for, what we considered THEIR irresponsibilities, in handling the law suit. My wife then wrote Mr. Dave Burgess, Manager of the Management Firm handling the resort and explained our circumstances, and that we in no uncertain terms were going to pay all the assessment. (We never even used the lake.) We ended up turning back in three of our timeshares, getting nothing in return and kept only one. To this day we have not been back....although it is a lovely resort and we have many fond memories during our first few years of ownership. That's not to say we will never go back there - we just have not been for the last couple years. Before then, we went every single year!

Personally, I would not advise anyone to purchase there! Visit and have a good time, but do not buy!

With kindest regards, Joseph F. Adt, Sr. VA

josephf98 wrote:

Our family purchased a timeshare some 15-16 years from this resort after spending a week there. We enjoyed going there for many years with our two young teenage sons. There was much for the boys to do, we were welcomed with a Wine & Cheese Party, they had a Restaurant connected at that time, it was a guarded community, and everything was always clean and nice. Over the years, however, things declined quite a bit.

Little did we know what was in store when this resort got into and stayed in litigation over the lake for some 10+ years and even to the present maybe. We had obtained additional units before the law suit and were motortified when we received a SECOND SPECIAL ASSESSMENT of almost $500.00 per unit to help pay for the law suit.

By that time we owned four weeks, I had retired, our sons had left home, and my wife had been forced to leave her job for medical reasons......we then contacted the resort and advised them that it was impossible for us to pay that amount of money for, what we considered THEIR irresponsibilities, in handling the law suit. My wife then wrote Mr. Dave Burgess, Manager of the Management Firm handling the resort and explained our circumstances, and that we in no uncertain terms were going to pay all the assessment. (We never even used the lake.) We ended up turning back in three of our timeshares, getting nothing in return and kept only one. To this day we have not been back....although it is a lovely resort and we have many fond memories during our first few years of ownership. That's not to say we will never go back there - we just have not been for the last couple years. Before then, we went every single year!

Personally, I would not advise anyone to purchase there! Visit and have a good time, but do not buy!

With kindest regards, Joseph F. Adt, Sr. VA

In response to Adt, from VA: As with every story, there's always two sides and where 'sour-grapes' are concerned, there are usually significantly different views regarding what the facts really are. With both marriage and timeshare ownership, money is usually at the root of all problems. First, ALL of the Adt's units were off-season weeks. They owned three Blue weeks and one White week, and averaged around $900 invested in the purchase prices (their White week unit was only $1).

The 'law-suit' they're talking about was by the lake's owner (Plaintiff), and brought against the association (Defendant) in an effort to prevent the association members from using the lake, or building more units on the association's own property. The association had no choice but to defend its right to use the waters of the lake surrounding its property, in as much as the developer had sold all the units with such rights to our members. Additionally, the association was attempting to buiild more units for sale to increase the owner base, and hopefully reduce fees as a result. The association financed the suit internally by cutting operations and a few services for almost five years. The suit lasted a total of six years. The assessment was to cover the deficit which occurred in the suit process. The association spent almost $750,000 in defending itself. The Adt's were billed for their share based upon the number of units they owned, but they couldn't afford it, so I advised them that only under hardship cases, we would allow them to deed-back all their units. After they agreed, and the paperwork was prepared, then they wanted to keep one unit (the unit purchased for $1) & let the other units go back to the association in lieu of foreclosure. Contrary to policy, I allowed this to happen.

In their letter explaining hardship, the last paragraph stated "Also, we truly thought our sons would have been more interested in using the timeshares once they were grown, but that just hasn't been the case. We've enjoyed Mariner's Pointe for the past 15 years, and hopefully we can make it back there a few more times before we get too old to drive!" This comment regarding their sons not being interested in taking over ownership of two of the units is on point to the problem in this case. The Adt's are aware of the suit being complete, and that we are in a very strong position as a result of the battle. Regards, Dave Burgess, President Universal Services Corporation Agent for MPIOA

Thank you for representing the timeshare side of the story.

deborahf90 wrote:

Thank you for representing the timeshare side of the story.

My pleasure. By the way, the two assessments mentioned in Mr. Adt's comments included one for $150 in 2003, and one for $435 (one-bedroom) -or- $493 (two bedroom), depending on unit size owned, in 2005. The majority of the legal battle was financed internally by the association thru conservative operations by the staff. The membership owns the property, and elect board members to create policy for management to follow. Management is by contract. This seems to me to be a very positive scenario for the owners, since there is no 'for-profit' developer in the picture anywhere.

I too, bought a week at Mariner's Pointe, without knowing about the lawsuit, and had to pay the special assessment. Yes, it was an annoyance, but it was certainly worth it, especially considering how inexpensive the week was to start with.

Mariner's Pointe management does a great job of communication, and has kept their maintenance fees quite low. I have no complaints - only praise for the management!

Mr. Burgess' comments are a little misleading here. Since he was a partner in the original "deal" to market and sell the Mariner's Pointe Resorts, he must have known there would be trouble later with the resort. We, on the other hand, had just purchased our first timeshare unit in Myrtle Beach the previous summer (the yr. that Hurricane Hugo hit the SC coast so badly, therefore, the following year we were almost forced to trade for a resort that was more inland, which turned out to be Mariner's Pointe in TN.

As time went on, the association very badly wanted to have a "sold out" resort so they could collect all of the dues, therefore, they were offering many lucrative ways to sell their units so all of them would be sold!!! That's how we ended up with the three extra units, along the way. However, when they assessed each of their units two years, we thought that was a bit much. The first assessment being only $100+ dollars (plus their annual dues) wasn't too bad, but then the very next year when they assessed each unit $400+ dollars per unit, we thought that was a little much for the average, working class person, and my wife wrote to Mr. Burgess and told him exactly how we felt about all of it. Plus he had already told us previously told us in his email that if we were not happy there, they we were welcome to turn our units back in. We then turned in all of the 1-bedroom units & kept just the 2-bedroom unit, as that was a White unit as well, and had more trading power. So at that time we had the one at Myrtle Beach and the one at Mariner's Pointe, which we could leave to our sons. However, as it has turned out and our sons are now 33 & 35, neither of them are really interested in the time shares. Especially the younger one who is now in the Va Guard for 10 yrs. and is gearing up to return to Iraq for his 2nd stint, plus he's a cop in real life who works really odd shifts, and they just had a new baby in March '11.

So when I was forced to retire for the second time because of spinal surgery 1-1/2 yrs. ago, my life was changed forever.

Best regarss,

Joseph F. Adt VA

I have owned a one bedroom red week, purchased a 2 bedroom white week for only the yearly dues, and recently purchased a red week one bedroom to go with my other red week, so as to have two weeks in a row. Some of the improvements have been massive undertakings. An elevator for the 3 story one bedroom units, indoor hot tub,steam room, dry heat, also an exercise room. The outdoor swimming pool has been redecked. The exterior of the one bedrooms has been painted, with the two bedroom units still needing this. DVD players, WiFI to all units. New decks on the two bedroom units, a few years ago. Basically this had a lot of issues needing to be taken care of when the developer ran off with the money and did not pay the taxes. Yes there have been additional assessments, like the 2011 $300 per unit charge. For those who paid those right away, you were given the points or week exchange to use. I got two of those, even though all 3 of mine were paid on the same check. I took points for the one bedroom, and will be taking a week late February in the two bedroom. Perhaps the most telling about this resort is the unwillingness to adapt to the needs of timeshare folks. Years ago the WiFi was "voted" down, then it was only in the main lobby. There was a computer you could use, too. Or go with dial up in your unit. We now have WiFi. We were not informed of the change, or other changes that were ongoing. Those were found out about when we showed up for our week. Interior changes on the one bedrooms improved the kitchen/dining area. New toppers for the beds have made them more comfortable, too. Compaired to other resorts this has been kept very clean. Worn items are repaired or replaced. We have our own lake access, with the boat launch having a secure gate. The lady who owns the lake appears to be thought of and spoken highly of by some in Crossville. I guess it depends on your point of view. The shells of the newest units were not in Mariners Pointe purchase. As nit picky as the owner can be on some things, it appears she is letting these ROT. The styling of those units are like the ones in Cable , Wisconsin. My suggestion of having a trial period of allowing pets of a certain size be allowed in the 6 unit furthest building , has met with resistance from management. But talking with the owners and time share traders, they would like to have that option. THis is an area where there is the least bother to others with your dog. Dogs would have to be crated, not left alone, not bark all day or night. Basically be good neighbors, picking up after your dog as well. Most folks would get along with this. Pet friendly is the next step to the resorts. A large deposit could be required to cover any damages. This would require housekeeping or other management to look over the unit prior to the guest leaving. I believe that the older timeshares need to get with the program and allow pets. Compared to children, pets do minimal damage. I do love coming to this resort. It is relaxing. I also own in San Diego. I used to own in Las Vegas. Mariners Pointe is the best of these. The lawsuit is finished with everything remaining like it was before the lake owner bought it. Only the lawyers got rich.

i LIKE YOUR PLACE BUT I DONT LIKE PET FREINDLY PLACES I DONT WANT TO SLEEP WITH FLEAS /TICKS /BED BUGS