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[2009] White Sands Waikiki Resort Club

JeffW

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I guess the question now, is anyone still responsible for it? Do those SA assessment bills now become moot, or does there need to be a cancellation letter from Celebrity indicated there is no payment required? Hopefully one of their last activities wasn't forwarding all the non-payments to a collection agency.

Jeff
 

Blackwhat

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special assessment

Obviously some of the projected expenses will need to be changed.
Who is in charge? Is the developer (Celebrity Resorts) current with it's annual dues which is about $775,000? That should cover most of the expenses including property taxes.
Pay Up Celebrity!
Black-what
 

trump12

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Special Assessment

So, if in fact White Sands has closed, are the members still responsible for the special assessment imposed on the members by Celebrity? And would Celebrity still be managing a resort that no longer exists?
 

Blackwhat

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Special Assessment reevaluation

Since the projected expenses have now changed, if Celebrity Resorts as the paid manager of White Sands bills you for or implies that you are in arrears they are in my opinion definetly out of bounds.
The question also comes up as to the proxy statement on the internet regarding Celebrity Resorts condo project.

The best thing to do is sit tight unless you feel you have been financilly taken advantage of through a deceitful disclosure statement you received when you purchased the RTU timeshare agreement. For example, not being told you would be charged for the arrears of other members who failed to pay their annual fees. These members or units could be units owned by Celebrity Resorts but Celebrity Resorts has failed to provide information related to that. Violations related to Hawaiian Time Shares are governed by HRS 514E. They are Hawaiian statutes. Read them.
Black what
 

rachel1998

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Do you think it pays to contact RCI and inform them? I would like them to give me back my week since I paid my MF in December before the SA was issued.
 

JeffW

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It can't hurt to send them an email and ask. You don't necessarily have to mention non-payment of the SA, you could just state, "... I paid my m/f last year, received a banked week, but the resort has since closed, what's my status?", and see how they respond.

Jeff
 

rachel1998

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I emailed RCI last night. I will let you know what I find out. I am not that optomistic that they will give me back the week.
 

Blackwhat

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Regardless

There are only two or three people on the board of the White Sands and I believe they are all employees or associated with the Celebrity Resort company.
They say the White Sands Resort was closed because it failed to collect enought funds from it's members.
They ignore requests for financial infomation which should be provided based on Hawaiian statutes.
What are they hiding?
Has the developer paid his annual fees of over $775,000 or the special assessment in the amount of over $695,000 for 2009?
Why are the accounting records not available on request?
What is the balance in the association bank account(s)?
What is the factor used to determine all the projected deficits.
What was the actual bad debt for 2008?
Why are the accounting records so secret?
Black-what
 
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Blackwhat

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Disclosure Statement

As a purchaser of White Sands RTU timeshare plan you should have received a disclosure statement. If not I believe they are in violation of 514E the Hawaiian statute which provides that violations allow the purchaser to void the sale or transfer if so desired.
If you did receive a disclosure statement read it carefully.
There are specific requirements which may not have been met and which I will not disclose on this board. If Celebrity Resorts is in violation of any of these requirements they are in violation of Hawaiian statutes.
The statutes do provide that you may have recourse as far as getting your 2009 annual fees refunded in addition to possible other damages.
Read your disclosure and 514E.
Black-what
 

rachel1998

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I just received another call from Celebrity Resorts regarding the SA. I told her I had no intention of paying since the resort is either closed down or in the process of closing down. She said the collection calls would continue. I told her to write it on my account to discontinue the calls and that I had no intention of paying. She then hung up on me.
 

JeffW

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I just received another call from Celebrity Resorts regarding the SA. ... She then hung up on me.

Are you sure it was FROM Celebrity, and not a collection agency representing them? Regardless of the circumstances, there's no reason an employee of theirs should be so rude as to hang up on you.

Collection agency, not surprising, as there's no reason for them to remain talking to you (at least for that call) once you make it clear they aren't getting any money from you.

Jeff
 

rachel1998

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No, it was Celebrity. I was getting a little testy with her so I guess she had enough of me at that point.
 

Blackwhat

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Is Developer in arrears?

Has the developer paid his annual fees of over $775,000 or the special assessment in the amount of over $695,000 for 2009?
 

rachel1998

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Do we know for sure that the resort is closed down right now? Also, is there anyone on this board that has reservations there later on this year? If so what are you planning on doing?
 

lsk

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I received a call yesterday, automated, asking me to call Celebrity about the special assessment. I didn't bother writing the number down. I'm going to write another letter, both to the billing company and the Scottsdale address, again giving them my position and disputing the assessment and asking that they remove my name from the call list. If I continue to recieve calls I'll report them to my sheriff's department. I think it's against the law, considered harrassment. I have not gotten anything from Anne Thompson or anyone else from Celebrity. And yes, the resort is closed. This came from someone who actually was in Hawaii and saw the closing and also from an employee.
 

rachel1998

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If the resort is truly closed and I have no reason to doubt this, how can they ask for a SA? I have not received any kind of reply from RCI either. I am going to call them tomorrow. How can they justify taking away my week because of none payment of a SA if the resort is closed? It doesn't make sense to me.
 

JeffW

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At this point, there only legal option would seem to be to restate their SA request, removing any funds related to ongoing or future activities, and possibly just state that an SA is needed to cover previous deliquencies. There could be a debate though over who's responsible for previous debt, especially if the resort is no longer operating.
There's also the potential for a countersuit, since I believe the original terms of the contact were for occupancy rights thru Dec 2009

Hopefully it settles out to Celebrity not sueing for back-payments in exchange for owners not sueing for early closing.

Jeff
 
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Blackwhat

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Now what

Since Celebrity Resorts seems to continue on the approach they have used which is threatening owners for the special assessment I do not think you will get a fair explanation from them as to the final expenses of the association. Which you are entitled to. (I would think)
All financial info is in the hands of those in charge and woe be it onto others. I read that someplace!
Your agreement probably states that the seller has the sole right to terminate the agreement in the event of default and therefore your agreement by it's terms puts the seller in the position of responsibiity regarding defaults. Black what
 

rachel1998

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I received an email today from RCI in response to the email I sent them a few days ago. What they said was that the week was taken away by Celebrity resorts in response to non payment of fees. They said I should contact Celebrity regarding this matter. I have serious doubts that this matter will ever be resolved.
 

Blackwhat

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serious doubts

As I have sugguested in the past, get out your contract and your disclosure statement plus HRS514E and do the research by reading about your obligations. Black what
 

Link7881

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I have a RTU week at this resort. This is the last year of it for me. We purchased it on a resale with 12 years left. I only have used it for trading purposes. It has been a lousy trader by the way. Today I received in the mail a letter with a bill for a special assessment for $695.00. I don't care if I don't use it this year. What happens to my credit if I don't pay this?
Thank you

I would like to think that it's like any other unpaid debt on your credit record. Cuz if they report it as an upaid debt, you'll take a hit. You can also open up to collection efforts depending on how far the resort wants to take it. Don't forget that they might tack on collection costs, late fee's and interest along the way.

Hawaii Tours Guide
 

rachel1998

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I don't have a contract. I purchased the week on a resale in Las Vegas in 1996. I don't remember the name of the company before it became Ramada and so on.
 

Blackwhat

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no contract option

One option would be to request a copy from Celebrity. Good luck but it might be worth a try. Tell them oyu cannot make a decision about the S.Assessment until you know what the contract
states. Blackwhat
 
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