Saturday, July 4, 2009

Dear valued Sandcastle owner,

Thank you for including me in the mailing list and for sending the attached documents. I commend you on the work you have done to date. I especially appreciate the letter to Mr Hagberg.

Because of your work I believe I have a decent understanding of some basics about the situation.

Has an attorney been consulted on behalf of yourself or owners in general? An attorney familiar with Timeshare issues?

We stayed at Sandcastle last week. The assessment letters are supposed to be in the mail today, July 1. I am inclined to withhold payment until proper paperwork and answers to your pertinent questions are provided by Trustees/Management. Contractors were all over the place Monday, June 29 measuring and discussing infrastructure issues.

The dynamics I see are that an organized small group of Timeshare savvy investors (the "few") have engineered a coup to take over Sandcastle to pull money out in several ways. They know the "game" and saw that Sandcastle was ripe for plucking. They may have long term plans as well which cannot be trusted. The various companies are fingers on the same hand, although possibly legally separately incorporated. We need to know if such relationships are legal when the people, not companies, are so intertwined and clearly self serving.

On the other side is a large un-organized group of owners (the "many") that have been blind-sided and roped into a precarious situation where they risk delinquency and foreclosure if they do not come up with large assessment fees in addition to increased maintenance fees. These foreclosures, as well as the aggressive Festiva moves, will place more power, and money, into the hands of the "few".

All this is happening with no disclosure and plenty of obfuscation.

Some moves by the "few" may be un-reversible. They have an advantage because they have a rehearsed plan and they have knowledge of how this can go from their past business ventures. They keep the "many" in the dark until it's too late to oppose them.

On the other hand, the owners must use their numbers to do what they can. It seems their (our) only advantage, other than potential legal moves and attorney general assistance. If the "few" have made illegal maneuvers, though it may seem now that it is too late, then they can be undone; there is no statue of limitations where fraud is involved.

I would encourage every owner to contact the Attorney General as I plan to. A very simple letter could suffice. It is possible that we could all withhold payment of assessments with written objection as to why it is being done. Until we get full disclosure of the information we have a right to, we will not respond to an unjustified solicitation. If there is an attorney in the group, perhaps he/she could draft a simple letter.

My wife will do some research to see if other organizations might know of an attorney familiar with Timeshare issues. Others could research Festiva's and other parts of the coup group to see who might have successfully opposed them at other resorts.

It also occurred to me that the company that management used to do the mailing, supposedly, of the notices to owners, should have the mailing list we seek. Perhaps a reading of the Sandcastle papers might reveal if there is a legal right we owners have to that list. We may also disprove management's claim that there is a privacy block disallowing them to provide the list. I went to the Barnstable county records website and found it difficult to navigate. At least it didn't seem to be simple to get a master list. Each owner is listed separately, first without address, and printing out anything is on a fee basis (if I understood things correctly). Maybe someone else can do better.

I called and was told the construction plans and permits may be available in Provincetown, and not yet Barnstable. I have not had the time yet to follow up on that.

I believe the list is important because the power we have is in numbers. Whether it is the number of complaints the AG receives, the number of people available to do research, or the contributions available to hire an attorney.

I appreciate your continued efforts on behalf of all owners and the Sandcastle we love.

Sincerely,
Frank

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