RCI Suspended Eagle Village Tamiment

[194725RR]

I will write my letter sometime this week and post it here. Anyone is welcomed to copy and use everything I post.

That will be helpful. Thanks!

 

[Sammy1234]

Whenever you buy a timeshare, the Declarations, By-laws etc are to be given to you. If you buy it from the developer, you would definitely have gotten them. The problem is that many people buy from individuals who should pass those documents on but don't. Or people inherit, like you, and the documents have been lost. EV is not responsible for that, but should have given you the recorded book and page number in Pike County's recorders' office. I have the original documents because I bought from an individual who was a lawyer and he sent me everything...including his original bill of sale, promissory note and everything, lol.

In regards to the RTK, that form is definitely JUST for federal agencies. If we Ssent our request on that form, they can deny and ignore. But if we send it as a written request, they have to honor it through the Uniform Planned Community Act. Of course they probably will ignore it too, but then we have proof and can legally take it to the Consumers Affairs Office of the Attorney General. That is why I think we all should send the written request that I posted, along with a private letter stating we each will take it further if our request is denied. Specifically mentioned the PA law and the AGs office . Then when we report to the AG, we have the certified mail receipt as proof. This might presure them into sending out info to everyone. The law is Uniform Planned Community Act 68 PaC.S. §§ 5101-5414.

Ok good to know that Right To Knows are just for federal agencies. I did not know that. I thought maybe since they have the meetings with the board, they would have to have meeting minutes and would fall under the open records. Hopefully everyone will do what you suggested and send the written request. Just want to double check about the written request that you mentioned that you posted. Is this the post with the list of items we are requesting that you were going to use for the RTK? Should we send this letter certified mail, return request needed? Again, hopefully everyone will follow through and do this, as I think its a very good way to start the ball rolling to hold them accountable!

 

[nellevad]

Yes, it is what I was going to use for the RTK. I have been thinking on how we should send it to make sure they cannot deny getting it. A certified letter is not fool proof because they could say it was empty or something else was in it. I researched and found that a fax or email, that is time stamp with the complete letter and request in the body of the email (not an attachment) is solid proof it was delivered and opened. Must set preferences to be notified it was viewed, and save that notification, too. Then we have something tangible.

 

[194725RR]

Great. Let's send it by email then. I tried their fax a while ago and it didn't pick up the call. I'll keep a lookout for your suggested draft. Thanks!

Yes, it is what I was going to use for the RTK. I have been thinking on how we should send it to make sure they cannot deny getting it. A certified letter is not fool proof because they could say it was empty or something else was in it. I researched and found that a fax or email, that is time stamp with the complete letter and request in the body of the email (not an attachment) is solid proof it was delivered and opened. Must set preferences to be notified it was viewed, and save that notification, too. Then we have something tangible.

 

[Sammy1234]

Great. Let's send it by email then. I tried their fax a while ago and it didn't pick up the call. I'll keep a lookout for your suggested draft. Tha

 

[Sammy1234]

I just read this answer by an attorney - mail first class with proof of mailing and at the same time, send one certified mail. The first class letter gets delivered and the green card on the certified shows the address was right.
I also read certified mail gives you proof of delivery. If someone claims they didn't receive your letter, you can prove it got delivered.
Also is there a way to tell if someone reads your email. I know you can tell if texts get delivered and then it shows it was read. If there is a way to tell if an email was read, that would be beneficial too.

 

[194725RR]

Good points. I think the sender of an email can only send a read receipt request. It's up to the receiver if they acknowledge the receipt.

 

[Sammy1234]

I also contacted the township I thought EV was in about filing a complaint about the lack of maintenance and not following many of their ordnances, but I had the wrong township. Now I found it is in Lehman Township. It might even be a good idea to email each of the township supervisors and make them aware of what is happening in their township.
I have also been reading through their meeting minutes to see if there is anything on the agenda regarding John Oakes and Eagle Village.

 

[nellevad]

Sending multiples ways is a good idea. The problem with the certified is that it proves the ENVELOPE got delivered. What is inside could still be in question. I guess I don't trust the Office Manager . So, I will send through email. I am also going to guess that since Stephanie Mills address is smills@eaglevillage.com, maybe the boards' emails are structured the same. Does Saworkman have those names from his meeting in February? I would try to send an email straight to the president and bypass Stephanie Mills. EV is in Lehman Township, Pike County.

 

[nellevad]

Well, here is my draft. I wrote it quickly because I am going out of town. I will fine tune my letter, but anyone can use what I wrote and add to it.. I hope alot of people copy it and send it. The more the merrier?

(Date)
(my name and address here)

Eagle Village Property Owner’s Association
Board of Director
113 Bald Eagle Court
Tamiment PA, 18371


Dear Board of Directors,

This letter, and the accompanying list, is a request for information. I have been an owner of two units for over 22 years. Over the past several years, and more recently, the past several months, I have attempted to communicate with Eagle Village by both e-mail and United Stated Postal Service. I have never received a response. Because of this, I believe the Board has not acted in good faith, which is its fiduciary responsibility.

Over the entire period of my ownership, I have never been able to attend annual meetings. That does not mean that I have not been interested in the management of Eagle Village. The very nature of timeshare ownerships endorses the buying of units by owners who live at great distances, even other countries, who will never attend. Also, many owners who have received units through inheritances have not received The Declaration of Conditions, Covenants and Restrictions, or the By-Laws – even when a request was made to the office. That information is vital for owners, and by law, needs to be provided. That is not acting in good faith.

I have always paid my maintenance fees, inspected the budget, and voted. But never once have I ever received notification of election results or minutes for meetings. There has never been an owner’s portal on the webpage where information could be disseminated. Sending a “Letter to Owners” through Concord was not appropriate. Concord only sends out correspondence if a bill was due. Since 70% of the remaining owners are RCI affiliated, it meant those owners would have paid their maintenance fees, in advance of the due date, in order to deposit their weeks. So those owners never got correspondence. Another example of not acting in good faith.

The annual letters from the board have been meager with information. For the years that I have been able to be on the premises, using my unit, the office has not been able to answer my questions, or even refusing to direct me to a person who would. I have sent several letters asking for maintenance update information and pointing out things that needed addressing, because I have never had access to the minutes of a board meeting. I have made phone calls and have been given the run around and told absolute lies. The board has been neglectful and the managing staff unreachable. That is not acting in good faith.

Since the Letter to Owners was released through Concord this December, with the news that RCI has ended the relationship, and the association has less than 50% ownership, I have been wondering: How did Eagle Village stay afloat? Apparently, there has been some creative financing, all in the name of keeping Eagle Village open. It appears that deed-backs bring in money and that has helped carry the budget which can only now pay for employee payroll, utilities, taxes, etc, - but not needed upgrade of the actual buildings. According to Pike County’s records, there have been over 300 deed backs in the past 3 years. Rentals of non-owned units have also brought in money. But the point I am trying to make is, as an owner, I was not made aware of this. The budget never had a budget line that stated the amount of money received from forfeitures, rentals, deed-backs, etc. This kind of “staying afloat budget” was not in the owner’s best interest if we did not have a say in the matter. We should have been given this information to come to a consensus, through a vote, on the future of Eagle Village. The annual correspondence between the board and the owners has not been transparent and basically non-existent. The board has not acted in good faith.

Now, we have a new situation where we have had information dangled before us regarding the promise of an investor, John Oakes, and the reinstatement of RCI. I have the right to know the status of the possible investor, and where Eagle Village stands with RCI. No information is forthcoming. No update, no concern for me, as a member of the association. My maintenance fee is paid, but I have no access to my unit because I cannot contact Eagle Village. Phone calls go directly to voice mail and are never answered, and emails are ignored. It’s apparent to me that the Board was aware this situation was eminent but chose not to inform the owners. The Board has not acted in good faith.

I have made the following request for information. I expect a response in some form. I plan on taking my complaint to the Attorney General for non-compliance of the Uniform Planned Community Act 68 PaC.S. §§ 5101-5414.

(My closing here)

 

[Sammy1234]

Well, here is my draft. I wrote it quickly because I am going out of town. I will fine tune my letter, but anyone can use what I wrote and add to it.. I hope alot of people copy it and send it. The more the merrier?

(Date)
(my name and address here)

Eagle Village Property Owner’s Association
Board of Director
113 Bald Eagle Court
Tamiment PA, 18371


Dear Board of Directors,

This letter, and the accompanying list, is a request for information. I have been an owner of two units for over 22 years. Over the past several years, and more recently, the past several months, I have attempted to communicate with Eagle Village by both e-mail and United Stated Postal Service. I have never received a response. Because of this, I believe the Board has not acted in good faith, which is its fiduciary responsibility.

Over the entire period of my ownership, I have never been able to attend annual meetings. That does not mean that I have not been interested in the management of Eagle Village. The very nature of timeshare ownerships endorses the buying of units by owners who live at great distances, even other countries, who will never attend. Also, many owners who have received units through inheritances have not received The Declaration of Conditions, Covenants and Restrictions, or the By-Laws – even when a request was made to the office. That information is vital for owners, and by law, needs to be provided. That is not acting in good faith.

I have always paid my maintenance fees, inspected the budget, and voted. But never once have I ever received notification of election results or minutes for meetings. There has never been an owner’s portal on the webpage where information could be disseminated. Sending a “Letter to Owners” through Concord was not appropriate. Concord only sends out correspondence if a bill was due. Since 70% of the remaining owners are RCI affiliated, it meant those owners would have paid their maintenance fees, in advance of the due date, in order to deposit their weeks. So those owners never got correspondence. Another example of not acting in good faith.

The annual letters from the board have been meager with information. For the years that I have been able to be on the premises, using my unit, the office has not been able to answer my questions, or even refusing to direct me to a person who would. I have sent several letters asking for maintenance update information and pointing out things that needed addressing, because I have never had access to the minutes of a board meeting. I have made phone calls and have been given the run around and told absolute lies. The board has been neglectful and the managing staff unreachable. That is not acting in good faith.

Since the Letter to Owners was released through Concord this December, with the news that RCI has ended the relationship, and the association has less than 50% ownership, I have been wondering: How did Eagle Village stay afloat? Apparently, there has been some creative financing, all in the name of keeping Eagle Village open. It appears that deed-backs bring in money and that has helped carry the budget which can only now pay for employee payroll, utilities, taxes, etc, - but not needed upgrade of the actual buildings. According to Pike County’s records, there have been over 300 deed backs in the past 3 years. Rentals of non-owned units have also brought in money. But the point I am trying to make is, as an owner, I was not made aware of this. The budget never had a budget line that stated the amount of money received from forfeitures, rentals, deed-backs, etc. This kind of “staying afloat budget” was not in the owner’s best interest if we did not have a say in the matter. We should have been given this information to come to a consensus, through a vote, on the future of Eagle Village. The annual correspondence between the board and the owners has not been transparent and basically non-existent. The board has not acted in good faith.

Now, we have a new situation where we have had information dangled before us regarding the promise of an investor, John Oakes, and the reinstatement of RCI. I have the right to know the status of the possible investor, and where Eagle Village stands with RCI. No information is forthcoming. No update, no concern for me, as a member of the association. My maintenance fee is paid, but I have no access to my unit because I cannot contact Eagle Village. Phone calls go directly to voice mail and are never answered, and emails are ignored. It’s apparent to me that the Board was aware this situation was eminent but chose not to inform the owners. The Board has not acted in good faith.

I have made the following request for information. I expect a response in some form. I plan on taking my complaint to the Attorney General for non-compliance of the Uniform Planned Community Act 68 PaC.S. §§ 5101-5414.

(My closing here)

This letter looks really good. Good information about the Uniform P!banned Community Act. The information in the act helps us.

I said I was going to look through the meeting minutes from the township supervisors and I found something that I wanted to check about. In the October 2022 meeting minutes, a developer wants to develop a village (housing, stores, etc) in an area called Highland Village. Does this have anything to do with Eagle Village? It made me wonder because the developer wants to reopen the golf course and wants to revisit the fact that Wayne Newton had the original idea. Since Wayne Newton owned Eagle Village/Taniment , I wondered if this is the same property. It then goes on to say that a previous developer did not receive conditional use approval John Oakes?) It said the water and sewage would all need updated. I could be wrong, but just wanted to see if they are referring to the Eagle Village property.

 

[nellevad]

Yes, it is the very same property, including the Mountain Laurel area. What you read about was probably the Wolfington Group who bought all the Tamiment from Hung, who is the man who took down the hotel. Wolfington proposed Highland Village. Wolfington Group forfeited on the mortgage and NCSC Highland LLC, was created to accept the property through court action. Highland then sold the Mountain Laurel area to John Oakes. Then the sold the Lake, and dam to Community Utilities that has just done upgrades to the water and sewer as I noted earlier. Highland also gave The Glen Property Owners Association 2 parcels of land - one by the lake and one by EV. This is all happening all around EV Village, but does not involve EV Village directly. Wayne Newton did own EV as the developer, but deeded it to the association (us) back around 1988. That is why there is no longer a developer involved with EV. Could you give me the link to read those minutes?

 

[nellevad]

All this has been going on since John Oakes bought the Mountain Laurel in 2022. I read an article that said it took him 8 years to acquire it. He needed to wait for the litigation of Wolfington. That is why, early in this blog, I said we should pay our MFs and wait a year and see how all this pans out. Something is happening that could very well benefit EV. Reopening the golf course and ski run, putting in a luxury RV camp ground on the old Tamiment Hotel and reopening the beach would be monumental. Too bad our BOD doesn't see fit to inform us.

 

[slarney77]

This is the letter I got back from the bureau of consumer protection about eagle village and my concerns about maintenance and what was going on there:

BUREAU OF CONSUMER PROTECTION
Harrisburg Office
15th Floor, Strawberry Square
Harrisburg, Pennsylvania 17120
(717) 787-9707
May 10, 2024

Stephen Lamey


Re: Eagle Village Resort
BCP-24-05-004421

Dear Mr. Lamey:

The Bureau of Consumer Protection attempted to resolve your complaint against Eagle Village Resort through a voluntary mediation process. Despite our efforts, we have not been able to resolve this matter between you and Eagle Village Resort. Despite several attempts to engage the business in mediation, they did not respond.

As you may know, participation in the Bureau’s mediation process is voluntary for both sides, and we cannot compel a business to agree to a solution. As a result, we will take no further action on your complaint at this time. However, we want to inform you of other options that may be available to you, should you decide to pursue this matter. Please refer to Questions 8 and 9 in the FAQ section on our website at https://www.attorneygeneral.gov/wp-content/uploads/2019/05/MEDIATION-FAQS.pdf for more information about the mediation process and your options in pursuing the matter further. As we state in the FAQs, you are free to pursue a lawsuit privately. Some lawsuits must be filed within a certain time, and you should consult with an attorney if you have any questions.

We understand the frustration of trying to seek justice, and that this was not the result you were hoping for. We want you to know that we sincerely appreciate hearing and learning about your experience with this business, as it is information from people like you that help us do our job to protect consumers. A copy of your complaint will remain on file for future reference and for possible use in an investigation or enforcement action we may bring to protect the public interest of the Commonwealth of Pennsylvania.

On behalf of the Office of Attorney General, thank you for taking the time to bring this matter to our attention.


Very truly yours,


Laura Pittini
Consumer Protection Agent
lp
26A

 

[slarney77]

This is the letter I got back from the bureau of consumer protection about eagle village and my concerns about maintenance and what was going on there:

BUREAU OF CONSUMER PROTECTION
Harrisburg Office
15th Floor, Strawberry Square
Harrisburg, Pennsylvania 17120
(717) 787-9707
May 10, 2024

Stephen Lamey


Re: Eagle Village Resort
BCP-24-05-004421

Dear Mr. Lamey:

The Bureau of Consumer Protection attempted to resolve your complaint against Eagle Village Resort through a voluntary mediation process. Despite our efforts, we have not been able to resolve this matter between you and Eagle Village Resort. Despite several attempts to engage the business in mediation, they did not respond.

As you may know, participation in the Bureau’s mediation process is voluntary for both sides, and we cannot compel a business to agree to a solution. As a result, we will take no further action on your complaint at this time. However, we want to inform you of other options that may be available to you, should you decide to pursue this matter. Please refer to Questions 8 and 9 in the FAQ section on our website at https://www.attorneygeneral.gov/wp-content/uploads/2019/05/MEDIATION-FAQS.pdf for more information about the mediation process and your options in pursuing the matter further. As we state in the FAQs, you are free to pursue a lawsuit privately. Some lawsuits must be filed within a certain time, and you should consult with an attorney if you have any questions.

We understand the frustration of trying to seek justice, and that this was not the result you were hoping for. We want you to know that we sincerely appreciate hearing and learning about your experience with this business, as it is information from people like you that help us do our job to protect consumers. A copy of your complaint will remain on file for future reference and for possible use in an investigation or enforcement action we may bring to protect the public interest of the Commonwealth of Pennsylvania.

On behalf of the Office of Attorney General, thank you for taking the time to bring this matter to our attention.


Very truly yours,


Laura Pittini
Consumer Protection Agent
lp
26A

Eagle village did not get back to the consumer affairs people so it may be very difficult to contact them

 

[nellevad]

Was your complaint worded as a consumer, as in a rental, or an association member?

 

[slarney77]

Was your complaint worded as a consumer, as in a rental, or an association member?

It was worded as a association member my complaint was about lack of maintenance

 

[Sammy1234]

It was worded as a association member my complaint was about lack of maintenance

As frustrating as this is, this is just more evidence we have about the lack of concern Eagle Village has for their timeshare members.

 

[Sammy1234]

Yes, it is the very same property, including the Mountain Laurel area. What you read about was probably the Wolfington Group who bought all the Tamiment from Hung, who is the man who took down the hotel. Wolfington proposed Highland Village. Wolfington Group forfeited on the mortgage and NCSC Highland LLC, was created to accept the property through court action. Highland then sold the Mountain Laurel area to John Oakes. Then the sold the Lake, and dam to Community Utilities that has just done upgrades to the water and sewer as I noted earlier. Highland also gave The Glen Property Owners Association 2 parcels of land - one by the lake and one by EV. This is all happening all around EV Village, but does not involve EV Village directly. Wayne Newton did own EV as the developer, but deeded it to the association (us) back around 1988. That is why there is no longer a developer involved with EV. Could you give me the link to read those minutes?

 

[Sammy1234]

Above is the meeting minutes I was referring to. I went to the Township of Lehman website and clicked on meetings. I read all the meeting minutes for 2024, 2023 and 2022. I just have not had a chance to go any further.

 

[nellevad]

Well, I guess it was approved because Community Utilities did the upgrade in March. This is amazing, for that original plan for multilevel residential housing, assisted living, nursing home and store was the original plan, but the county actual put a stop to it because they said rte 209 needed to be upgraded for more traffic first. It took years for that to happen. I think it does mean EV might benefit. Also, I will still send in a complaint to the AG, but use "lack of good faith" under that planned Community Law. They haven't posted minutes, which I think might be a reason the AG could force them to communicate. But, I think I have to wait 100 days after I send my letter. I'll read the minutes for Lehman this weekend. Thankyou.

 

[Sammy1234]

Well, I guess it was approved because Community Utilities did the upgrade in March. This is amazing, for that original plan for multilevel residential housing, assisted living, nursing home and store was the original plan, but the county actual put a stop to it because they said rte 209 needed to be upgraded for more traffic first. It took years for that to happen. I think it does mean EV might benefit. Also, I will still send in a complaint to the AG, but use "lack of good faith" under that planned Community Law. They haven't posted minutes, which I think might be a reason the AG could force them to communicate. But, I think I have to wait 100 days after I send my letter. I'll read the minutes for Lehman this weekend. Thankyou.

You are welcome.

 

[TugFhj]

Looks like John Oakes has issues ahead, heard the last event at Pocono Park "Taco Feast" was a bust and the next event scheduled for May is being rescheduled for August. The lack of communication from the board, I am sure is breach of contract to all owners. Not answering phones, letters and no update on what the plan maybe for the property is concerning to say the least. And what is the plan to reinstate in RCI and timeline. No answers, unacceptable.

 

[kevlev]

Just wanted this forum to know that I was able to reach Nia at EV last Friday. I asked about whether people were checking in without problems. She said this was happening successfully.

I haven't paid my 2024 Maintenance Fees yet but have a July check in that will require me to pay this before I occupy. I'm trying to ascertain whether my unit will indeed be "occupiable".

 

[slarney77]

You would think if EV had any good news and or plans they would let the owners know makes you wonder if there is any back room deals happening