August 2004 September
3 | 4 | 5 |
6 | 13 | 18 |
21 | 22 | 24 |
25 | 30
October 2004
November 2004 |
December 2004
January 2005 |
February/March 2005 |
April/May 2005
======== <September 3, 2004> ==========
Carl
Thanks for everything you have been doing. Many of us are very grateful that you are an OWNERS, Board Member.
If I wanted to have a recall vote of a Board Member/Members, I believe that I have to ask a Board Member to supply me with a list of all the owners, and what my intent is. Then the Board must supply me, or anyone else that may have this intent, with the name and addresses of all the owners.
I believe this is Florida Law, not any By Law. There may be owners that know more about this than me, so please post this on the Casa Ybel Owners Board if you would, so that we may get some open discussion on this matter.
Thank you
Bob Warren
Owner
221G
40 & 41
======== <September 4, 2004> ==========
I find ironic that the President of the BOD (see August 25 posting) is using this website’s email list and bulletin board to communicate to owners while Hilton is preparing a letter to be mailed at some future date. Everyone understands that they are focused on repairing the resort, but it is really bothersome that they cannot make the time or have the consideration to post daily up-dates on this or their web site (their last posting was 8/23, four days ago, HGVC’s was 8/24).
I appreciate the up-date from a member of the Board, especially the news about the insurance coverage, but what about the vacation plans of owners over the next few months. The one other comment that I find ironic is the statement that “many of the 2-3,000 timeshare owners do not have access to a computer” – huh? I may be mistaken, but I do not recall ever being contacted by “The Resort” for my email address to improve communication and judging by the responses posted to casaybel.com’s web site, I would say that the ownership base is well versed in computer usage. Please, no debate is needed that a website and email are by far the best means for communication as casaybel.com is proving to be the only efficient and effective means of communication during this disaster. Hopefully, the various Boards and Hilton will acknowledge the advantages of a robust owner’s website and create a better communications mechanism going forward – one can only hope.
Vin Fabiani
Owner week 15 and 2 units in Week 16
===================
Carl: thanks for all your great work on behalf of the timeshare owners. My wife and I have owned Weeks 11 & 12 in F 142 for over twenty years. Please add me to your Owners Forum email distribution list. I've heard nothing from our FGH Board or from our management company since Charley hit on August 13th. I know that many are dealing with the personal impact of Charley but I do have to wonder when there is no communication with owners. THANKS
David J. Byron, Esq.
Rider Bennett, LLP
===================
Hi Carl,
this is getting stranger by the day !
We bought our 6 weeks directly from Casa Ybel, not knowing anything about your website. It started about 12 years ago, when we were there on vacation; the week was free, we bought it. Then they had adjacent weeks- well, we got those too, etc.
With every purchase, we HAD to buy the "Title Insurance"; I used to think it was like to make sure that the people you buy from are really the owners. But in hindsight- why? It's in the books, right ?
Maybe it's a department of Hilton's, so they could make even more money on the sales ! We had no choice- it was just part of the deal !
Never looked again into that stuff until yesterday, when I found something about "losses and damages".
I see now that it might have changed names in the meantime- some of my contracts have paperwork from a "The Guarantee Title & Trust Company", and the kicker is- there is a paragraph which states "This policy does not guarantee nor insure title to or any interest in personal property " !
O man, I get sick! They pulled us across the table ! This is just a scam to make more money, so that this floozy can party 24/7 and put designer clothes on her pooch on our money ! (You know which sleazy fake blonde I mean !).
Well, I can't be the only one who was taken for a ride ! Maybe we can band together and sue Hilton for fraud- I would just LOVE that !
Carl, I think, you're doing a terrific job; anybody who dares to differ has something to hide !
Best,
Karin
===================
Carl, I looked through my paperwork, and there is something in the bundle of North American Title Insurance. I am not quite sure if it covers what we are all facing in CY right now, but it says something of $16,ooo per week/unit.
Unfortunately ( or maybe on purpose ?), they gave me a copy which started at paragraph 5, omitting the first four. Due to that fact, I am not sure what they refer to when talking about "losses and damages".
What I COULD see, though, is the fact THAT ANY CLAIM HAS TO BE BROUGHT UP WITHIN 6 WEEKS !
Does anybody have a complete copy of this and can post it here ?
Time is of the the essence, since almost 2 weeks are over already !
Something else is strange - several days ago, the official Sanibel website (www.mysanibel.com) had published a list of all insurance companies involved on the island and said that representatives were available, but it seems they have pulled it; can't find it anymore !
Dr. Karin Walter-Spiess
===================
Dear Carl,
My name is Nick Monastra and we are timeshare owners at Casa Ybel-weeks 46&47
in unit I60. I would appreciate if you would put me on your e-mail list. I
cannot understand why we have not received any information from Casa Ybel as
to what is happening and what kind of time schedule they are estimating as to
when units will be opening up. Again, Carl put me on your list and my e-mail
address is: <blocked>
Best Regards,
Nick Monastra
===================
Carl:
Looking at the website but cannot find the IJK Board of Directors
listing of names/phone #'s,email addresses.
Yesterday 8/30, was my first contact with the Casa Y'bel office to determine:
1. Assessment of damages
2. Estimated time to return units to service.
3. Questioned what plans were made if unit owners could not use their
units(i.e., alternate locations, etc.)**
4. If we were not able to use our Units would be still responsible for
Maintenance? Taxes?
To all of these questions the person answering the phone at Casa Y'bel was pleasant but had no answers save the 3 months repair estimate.
She referred me to the Hilton Grand Vacations 800 number which I called. The person I spoke to parroted the same information, indicating that they based the responses on information from Casa Y'bel. This lady (Lu Lu) did say that in our contract the reswort was not liable to alternate arrangements if they were dur to hurricanes. I indicated that I was not aware we had any "contract" or other documents from the Resort other than my title.
I asked to speak to a supervisor, who did back. I indicated my disappointment with the lack of information that HGVC had concerning our property, and their total failure to communicate with the timeshare owners. She promised to get answers to my various questions and I will keep you posted.
I want to query the Board of Directors (we own 3 weeks 2@I-165 and 1@I-159) concerning what steps they have taken on our behalf and why there has not been any communication to keep us informed.
As events unfold I will keep you posted.
Alan Lessack
===================
|
To: Janet Wilder & Carl Appelberg
Beth and I are new Casa Ybel owners, and are looking forward to our first opportunity to enjoy this wonderful resort. God willing, Casa Ybel will be repaired and back in operation by mid January. (Week 2 & 3 - H-184) I have read the views of many people on Carl’s sight, and wanted to share our views with you.
Since my retirement, we have checked out condo’s in Hawaii, Orlando, and Sanibel. We chose Casa Ybel because we love Sanibel, and fell in love with the beauty, elegance, services, and opportunities offered by Casa Ybel. Another main reason was that it is owned and operated by Hilton. We have had many wonderful experiences at Hilton Resorts, and the few problems we encountered were always handled quickly and professionally.
I realize that in today’s world there are many possible hazards, hurricanes, terrorists, and corporate fraud to mention a few. Everyone must be vigilant, but that doesn’t mean we have to believe the worst about everyone and every situation. I would hope that everyone would give the Hilton and our board an opportunity to do their job. However if wrongdoing is observed, it should be dealt with.
In closing we would like to thank Carl for his sight, it is very informative and helpful. I do not necessarily agree with everything I read, but I appreciate the opportunity to find out information on a timely basis. In my opinion the official Casa Ybel sight is fine to attract new owners and renters, but it is sadly lacking for current owners. If Casa Ybel objects to Carl’s sight, then they ought to have an official owners sight to disseminate information on a timely basis.
P.S. the idea that most owners may not have computer access doesn’t hold water. If you have the bucks to afford Sanibel, you either own or have ready access to a computer.
John & Beth Ball
===================
Carl
I found this section on sharing name of timeshare owners in the Florida Statute on Timeshares.
"4. Notwithstanding any provision of chapter 718 or chapter 719 to the contrary, the managing entity may not furnish the name, address, or electronic mail address of any purchaser to any other purchaser or authorized agent thereof unless the purchaser whose name, address, or electronic mail address is requested first approves the disclosure in writing"
I give the Board of Directors permission to share my name, address, and email to all Timeshare Owners at Casa Ybel.
I also ask that the Board make it know to all owners, that their names can be shared with other owners, if they choose to do so.
Bob Warren
Owner Casa Ybel
Week 40 & 41
221G
===================
Carl –
Any updates on the status of the resort for week 44 (October 29 – November 5) in anticipation of our arrival. I spoke with a service representative at HGVC but his information was a bit uncertain. He said the best thing to do was to call back in two weeks. We are in Unit 144 and would like to know if we should cancel our airline and car reservations or if the unit will be ready. Also, what is the status of the pool and common areas as this representative did not have that information. We have yet to be contacted by someone (HGVC rep said we would) concerning our upcoming arrival. Please respond to give my family better knowledge of the current situation.
Thanks
Scott Scholtz
===================
Hi there,
I'm hoping that you can give me the real scoop on a time frame for occupancy
at Casa Ybel. I bought airline tickets early this year and am booked to
arrive on November 19, 2004. Since the web site states "3 months" I believe
I am really cutting it close to think we could stay as usual in our time
share.
In order to play it safe should we book another place to stay this year?
What's your best "guess-estimate" on Casa Ybel being ready for the Nov. 19th
arrival.
Thanx for your prompt answer.
Lenore Simon
===================
Hi Linda,
Thank you for the report on the condition and proposed actions at CasaYbel, and on
the
insurance position - although I would like to see a lot more information on that.
I understand from Carl Appelberg's August 24, 2004 conversation with Hilton's Mr.
Raith, that Hilton will only talk through you. So be it; simplifies the lines of
communication - but requires you to shoulder a lot of responsibility to ensure
that we Owners receive not only timely information, but good decision-making that
maximizes OUR interests.
However, two things disturb me. Mr. Raith's attitude toward an owner (Carl
Appelberg),
which I find offensive in the extreme from a senior Hilton official. That he
regards Carl - or indeed any owner - being a veritable 'intruder' on his own
property is quite scandalous. There is something here that someone is anxious to
hide. Do I see iceberg tips?
The second - and vastly more important - issue is the official hgvc.com August 24
Status Report for Casa Ybel, which states: "The interior furniture, fixtures and
equipment of every unit is currently being removed (any serviceable items are
being stored, while the majority of materials are being discarded)". And all of
the upper units drywall? Good grief!
Is this true, Linda? Have you personally visited the site to verify that? If
not, who have you personally delegated your authority as my elected President FGH
to confirm this shattering news. Carl tells me otherwise, and the photos
certainly don't show it. Is this why Mr. Raith is so angry at finding Carl (an
acknowledged 'troublemaker') daring to visit the site, even having the nerve to
bring a camera?
Who is going to pay for this largesse? As a retired construction engineer
with one of the world's largest companies, I would have needed many, many site
investigations before I could possibly convince the company that these extreme
measures were the only course of action - with the certain knowledge that it was
my head that was firmly resting on the block! Which is just where I consider you
to be right now, Linda.
Let me make one further point. I don't sit in my unit looking at the wonderful
decor and the gorgeous furniture you provide. I go to Casa for the pool, the
beach, the shops, and those great restaurants - when I have great difficulty
deciding which to leave out! That leisurely drive (but watch out for those
Gendarmes!) to Captiva to partake of that fantastic Thursday Hawaiian lunch
buffet. So maybe there's a small water stain on the bedspread; a discernable mark
on the carpet; some touch-up paint on the bedroom wall and a little water damage
to a dresser. We have just ridden out a Class 4 Charley - so what do you expect!
Change them at the next regular maintenance session. I can live with that.
Just don't present me a large bill down the road, Linda, for repairs that Hilton
thinks are essential, and with an "Oh, by the way, our insurance premium has just
been tripled. It will be added on to your annual maintenance dues"!
Brian & Hala Hunt
ps: Don't confuse Hilton's best interests with the Owners'. They are usually at
opposite ends of the spectrum. Get your personal investigatory team together
(Carl and his camera are must-inclusions - this is a perfect occasion for a
'paranoid personality' ) with our attorney and double check everything they
suggest - and especially those they don't.
pps: All you owners out there: let's make sure that the only one who cares about
Us, Carl Appelberg, is on the team. He has demo-ed his creds. No offence, Linda,
but for all I know, you may be living in Rio.
===================
Hi Joan,
We agree with your sentiments; someone - presumably LD, because she is our FGH
President, elected for just such a purpose as this - needs to respond to our
direct questions and concerns. And, yes, it is rude and decidedly incompetent not
to do so. If the Board feels unable to handle the task of fully and ablely
representing our Owner interests, then they had better say so before disaster
befalls.
Meantime, just keep up the pressure. Another broadside or two* should do the
trick.
Thanks for writing,
Brian & Hala Hunt
===================
Linda,
I’ve been quietly sitting in the background, waiting & watching to see what was unfolding. This letter only partially expresses my feelings. There are so many issues here & I just don’t have the time right now to discuss them all.
First, I’d like you to know that I think the Casa Ybel board has handled disseminating information about hurricane damage dreadfully. Here it is, two weeks after the hurricane and I know nothing from the board except your one letter. I am very thankful that Carl Appelberg has taken photos & told us what is going on. Being here in Minnesota, I would have no other information. Why have we not heard from the board? Your assertion that “Also, many of the 2-3000 timeshare owners do not have access to a computer” is simply ludicrous. Anyone with the money & wherewithal to own a time share has access to a computer, either at home, at work or at the public library. And even if the board does not have everyone’s e-mail address (and, by the way, why do they not?), getting information out to very many owners is better than no information to everyone. In addition, by now, there is no excuse for not getting a written, mailed letter to everyone. Hilton has all of the owner’s addresses in a computer file stored off Sanibel and it takes very little time to draft a letter & send it out.
It’s important that we owners be informed about what shape Casa Ybel is really in, current damages estimates & what the plans are for getting it running again. We know you don’t have all the answers but what is the current status & what’s being done about it?
I think that anyone associated with Casa Ybel owes politeness and common courtesy to everyone else associated with Casa Ybel, be they owners, board members or employees. The unpleasantness demonstrated to Carl is simply not acceptable. Of course, the sense I am getting from the board is that this is a private club and common “owners” are just to foot the bill and not ask questions. Sorry, Linda & other board members, it doesn’t work that way.
I do heartily agree with the letter sent by Brian & Hala Hunt. Especially their statement “Mr. Raith's attitude toward an owner (Carl Appelberg), which I find offensive in the extreme from a senior Hilton official. That he regards Carl - or indeed any owner - being a veritable 'intruder' on his own property is quite scandalous. There is something here that someone is anxious to hide.” Why has the board such hatred of a fellow board member keeping the owners (owners, mind you) informed? What is there that is being so anxiously hidden? Anything creating such anxiety is money driven.
That’s all I have to say now.
Shellie Specter
Minneapolis
===================
I am in complete agreement with everything that Shellie Specter has written in this email. you have said it well for all of us. thank you .
Irene and James Iatridis
===================
Shellie
There seams to be many of us owners that have had, or now have an easy feeling about how things are being handle at our resort, more than just the obvious matters that your addressed in your letter.
I have heard that they stay away from email, or open forums like Carl's (Owners) Board because of Privacy Laws. I was informed that any owner can waive that, and agree to have their named shared with others. You see agreements and disclaimers all the time on web sites, our Board needs to get into at least the 20th Century.
I would again make my request that that the By-Laws, Developers' Intent, Agreements, and Contracts with all entities at Casa Ybel, be made available to all owners that wish to have this information.
I will also go on record again, requesting that our Board work on getting Casa Ybel and the common property, into the owners control.
Bob Warren
===================
I note to everyone that today I have received replies from 1 woman, 1 man and 1 couple. None from any part of the board.
Shellie
===================
Linda,
Thank you for your update on FGH. However, we are of the same opinion as Lou
Morrell, and would have wished it at least a week ago. Thank you, Lou.
We own H175, Week 41, so we are very concerned about the lack of use insurance
hole! We thought that was a standard clause in such matters.
Please give us progress reports on at least a weekly basis, detailing actions
taken and problems being investigated. We also believe you, as President, should
be establishing an immediate special action subcommittee of local owners
(including Carl Appelberg as our best communicator), to spread the load over the
most willing shoulders. In a crisis such as this, you need - and we deserve - all
the owner shoulders-to-the-wheel you can co-opt. This is not life as normal.
And, yes, we believe a lawyer should be engaged to protect our fiduciary
interests - toute de suite! Carl raises some very ugly issues, and we look to you
as our Owner/President to ensure we are legally protected from highly questionable
decisions and potentially fraudulent practices. It is in times like these that
the wolves in our midst circle their unwary prey.
Brian & Hala Hunt
===================
Regarding Mr. & Mrs. Hunt's very astute comments I whole heartedly agree
with the commentary and conclusions.
I do believe several people on the board are assuming some facts not yet in
evidence. There are many thousands
of people in the U.S.A. that have been financially destroyed by big
corporations improper and illegal actions. In my
book it remains to be seen what Hilton will do, will not do, for us in this
disaster.
One thing that I do know from 40 years of investigative experience is that
sitting in an ivory tower and accepting
everything that Hilton management tells you is neither smart nor protecting
the owner interests.
I have had quite a few communications with board members and the only one
that I know of who has actually had
his feet on site at our resort is Carl Appleberg. I have heard a very
unpleasant undertone about Carl Appelberg from a
number of board members which is very unprofessional under the present
circumstances.
I am sure that long term dealing with various board members over the years
has caused some animosity regarding specific
individuals. However, this is not the time for petty grievances and
character assassinations. It is time for reality and the
protection of the owners.
If only a small part of what Carl Appelberg has said is true then we have a
genuine large problem. I do suspect that quite
a bit more of what Carl has to say needs to be investigated! There is no
doubt that we need an attorney on the ground
now! To blindly think that Hilton will act in total good faith is courting
disaster having an attorney in this state of Florida
is the rule rather than the exception.
We need answers to Mr. & Mrs. Hunts questions and numerous other questions
in the near future,.
===================
Hi Carl,
I was not able to get to the letter from Linda. I didn't see it on the owners' forum. As owner's can we request from the Hilton management a copy for each owner, of the insurance contract? I am not interested in paying any more money for services that we are supposed to already have had, as well as a large surplus; which should cover our deductible. I know I was operating under the assumption that we still had "lose of use" coverage as before. That, of course would be in our best interest and they are supposed to be looking out for us. As a homeowner, I get copies of my HO's insurance policy. We need the same for our Timeshares.
Thanks.
Sunny Simone
===================
Thank you for your note; I can inform you that I as a board member have not yet received any plan for an organized plan to recoup or rebuild, it really worries me. Why can't we pull together and get a plan going????
Thank you
Carl Appelberg
Gerinew@aol.com wrote:
I am embarrassed to say that I have never seen so many self-centered, distrustful, selfish people as are reflected in most ( fortunately, a few are not) messages that have been sent to this website. Have none of you ever been touched by a disaster? Thousands of people have lost their homes and everything they own. The environment has been ruined. People have died. There is life beyond a week of vacation. We bought our weeks preconstruction and feel fortunate that this is the first time we have had severe weather damage to our units. Believe me, we and you all will survive if we have to sacrifice a week's vacation while Casa Ybel is restored to its former wonderful state.
We live in tornado country. There is no way of predicting how long it will take to get contractors in to fix and renovate--to order new contents for the units and to make the resort a pleasant place in which to relax. Would any of you really want to spend a vacation in the middle of an island filled with contaminated areas and bulldozers?
We truly believe this can be viewed as an opportunity to improve Casa Ybel. We hope the multiple boards will work together to completely redo all of the units harmoniously so that all will be equal in terms of rental value, resale value, and vacation desirablity. We would hate to see the units be a hodge podge of leftover furnishings in some and brand new in others.
Please step back and give our board an opportunity to sort out what has happend. If this were your own full ownership home and this had happened, you certainly would not have the facts at this point that you expect Hilton and our board to have for our timeshares.
Our family has enjoyed Casa Ybel for many years and We feel certain we will enjoy it again in the future. Geraldine G. Newman
===================
Hi Carl,
In trying to get some information about the status of Casa Ybel, I finally was able to get onto your website. Thank you so much for your information and helping to keep all of us informed.
I am owner of Week 36 - planning to leave on Friday, Sept 3 to start my vacation. However, after I read the update from Hilton on your website, it appears the resort will be closed for several months. And judging from the photo's of H building (my unit is 183G), I would agree. However, it appears there is conflicting information, so I tried to call the resort number listed, and have received no answer. Any idea who I would contact to find out if I should cancel my vacation?
Thanks for any help you can provide.
Diane Weinzierl
Owner - 183H
===================
Assuming you did the pictures, I see you had one of Unit 220 – that’s where I have my week too! Glad to see that it looks in good shape. I’m not due until December so hopefully we’ll be back up by then.
Karen Cordry, NAAG Bankruptcy Counsel
===================
Karin:
As an owner at Sanibel, I am writing to thank you for the information. I know very little about the business situation at Sanibel as the Board has never made it a point to disclose such information. However, I do know that what is called "business interruption coverage" can be very, very expensive. Again, operating with a total lack of information, let us assume that there are 200 renting units at Casa Y'Bel each of which rents for $1,600 a week. That comes to $320,000 a week. A hurricane comes along and fully knocks out the place for 12 weeks. The total lost income would be $3.8 million. There would, of course, be some deductible and other adjustments would come into play. Still, the exposure would be in the millions and the insurance company (using risk modeling) would set the premium which one way or another would get passed along to the owners. Whether or not the owners would want such coverage or not is another question. Those with low risk weeks would be less inclined to want it (and pay a share of it). This is a perfect example of an issue that a functioning Board should handle. It should explore the coverage and then seek advice from the owners with the understanding that the majority would decide. In this case, it is possible that the Board made such an exploration. However, since they work under a practice of non-disclosure, we have no way knowing. Perhaps things are changing and a functioning Board may eventually appear. Anyway, thank you for the information which is, of course, of great interest to me since my time is at the end of January.
Lou Morrell
======== <September 5, 2004> ==========
Dear Carl:
As owners of 5 weeks in November and December we are dismayed that there has been no communication from our leaders, THE BOARD OF DIRECTORS. You have responsibility to inform us of the status of Casaybel for pending vacations. WHY NO COMMUNICATIONS you were elected to represent us.
Raymond S. Vold 223 G week 48,
Michael Vold 202 G week 49
Patty Vold 223 G week 49
Sue Nicholson 204 G week 49
Raymond Vold 115 Sanibel Cottages week 47
You may not have answers but why not tell us that or give us reasonable estimates of when the units will be ready and more importantly fulfill your duty in expediting and monitoring the
Restoration process.
Yours Truly,
A very disappointed owner
On the behalf of my family, Raymond S. Vold.
PS. I feel fortunate we have one board member, Carl Appleberg who is trying to accomplish something. Where are the rest of you????????
====================
Carl
I am in total agreement. The Board needs to step up and take on the
responsibility that they were elected to do. Not just let Hilton and
Hospitality make all the decisions about Casa Ybel, without any direction
from our Boards.
I would also like to know if Hilton or Hospitality has "Non Use" insurance,
and why the owners do not. I thought it was Hiltons obligation to obtain
insurance, have they failed their obligation to the owners?
If this insurance does exist, I would think the portion they collect from
units not used should be sent to owners.
Bob Warren
====================
I have been following the conversation since Hurricane Charlie was a very impolite visitor to the island.
No doubt this is a very emtional situation, also for some a financal hardship. We can not hold HGVC, Casa Ybel, etc for this problem . Like my homeowners insurance I take some responsibility for damages, it's called the deductible. I see loosing my two weeks (49 & 49) as my deductible. I am thankful that I will not have a special assesment to pay for the damages. I am also very grateful that the insurance company is requiring the removal of the wall board on the lower levels. As a homeowner in NJ, I am watching my neighbor deal with mold in her garage after water damage, it is not a quick fix nor cheap.
HGVC has been fair and upfront with me. I was told in the beginning, they did not know when I would be able to get in to my units, that they needed more time to uncover the insides of the walls before knowing for sure. I have spoken to supervisiors at HGVC and staff at Casa Ybel and recieved the same information. This past week I got a call from Casa Ybel telling my my units 48 & 49 would not be available this year. Yes, I am said, and angry (at H.Charlie).
Because I want my vacation on the Gulf, I have made my own arrangement at two other places, one off island and one on the island. I am just going to put this all aside, learn that when you vacation on the Gulf you do take the chance of a hurricane and missing out. When there is so much devestation it just take that much longer to get things fixed. Everyone on the island lost almost two weeks before people could come in to begin repairs. Officals of Sanibel aren't letting anyone rent until Oct. 1.
Linda Milligan
====================
As timeshare owner we really do not own a plot of land, only a week of time in a certain condo in certain layers.
Land Title should perhaps be owned by our organisation FGH or IJK collectively for our certain plot of land, once and for all?
I have never experienced paying for title insurance in my time share purchase.
Carl Appelberg
Ted Brown wrote:
Carl:
I think that people might be getting mixed up about what title insurance actually is. It is not an insurance policy against damage to property, personal or otherwise. It is an insurance that protects against someone else's claim to ownership of the particular piece of property. So, for example, I would be insured against someone else saying that they had a valid ownership interest in the particular weeks I "own".
I don't think there is any fraud or anything of the kind involved here. you would have to have a title insurance policy for sale of the property whether or not you sold it on your own or through Hilton or any realtor. Let's not get way overboard with this idea that everything we don't immediately understand is a result of Hilton or someone else's trying to rip us off.
Ted Brown
====================
Karin:
Regarding the title insurance thing - as you indicated, title insurance
simply means that you are protected in case someone came along and could
prove that they owner the property. The fact that it is recorded
somewhere in some books is irrelevant. These things can go back many,
many years all the way to the U. S. Native Americans. Theoretically,
someone could trace the land way back and discover that the land on
which Casa Y'Bel sits belongs to them. They could them approach us and
in effect say: "get your buildings off of my land". So this insurance is
very important. I had an experience where I learned that part (25%) of a
building that a university owned was sitting on land owned by two
sisters. the building many years ago was a gift to the school. The title
insurance company settled with the sisters who threatened to ask that we
demolish part of our building. Hope this helps.
Lou Morrell
====================
Though NOT an attorney, my understanding of Title Insurance and the $16,000 limit solely addresses the issue of ownership of the property -- and has nothing to do with damages, liability, fire etc. The title company does a search and the Insurance is a guarantee that -- if title is subsequently found to be flawed -- they will pay the designated amount. Many of us have Title Insurance on our homes and then also fire, liability, flood, storm damage etc coverage. Again, thanks for your web site forum and your dedicated efforts on our behalf.
Bob Weber
====================
Carl
This is one of the reasons why I have been asking for By-Laws, Developers Intent, and any agreements or contracts relating to Casa Ybel be made available to all owners. An organized Board should be able to have these documents released in a day or two.
Someone brought up the idea of having legal representation for the "Owners" , that still seams to be a good idea, since we seam to have a lot of serious questions being unanswered by the Board of Directors. But in their defense, they may be in over their heads and not really know it, until it is too late.
Is this something that should be passed along to the Florida Attorney Generals' Office?
Bob Warren
====================
I am not in the mortgage industry, so I am no expert, but I believe mortgage companies typically require title insurance at the closing to pay for the cost of a title search. Remeber it is the mortgage company that is holding the title until the loan is paid off. They don't want to be holding a title to nothing. Even more significantly I think the title companies use this to wring a little more money out of the borrow!
Norm
====================
Carl
Here is my response to Linda Dettery sent on August 26th. This should
answer your recent email about board involvement.
Ed Sealy
====================
Dear Linda
By now you have received several communications from other owners urging
the involvement of our Board of Directors in the rebuilding process. I
agree with them that we cannot simply depend upon Hilton to represent
our interests. As soon as complete info is available, I urge you to call
an emergency board meeting so that we can be assured that the owners
will be properly represented.
I have some expertise in the field of property/casualty insurance,
having spent some 44 years as an agency executive and 15 more as an
expert witness. I'd be glad to review our coverage if you can obtain a
copy of the contract. Perhaps I can be part of the solution rather than
part of the problem. I live in Port Charlotte and could easily make the
trip to Sanibel, if that would be helpful.
I'd urge at least a temporary cessation of hostilities with Carl and his
website. I agree that he goes off on tangents now and then, but he did a
good job of keeping us informed during the early days when no other
reports were forthcoming. And by your own admission, CYH has done less
than a good job on handling rentals. This whole issue should be
revisited after the dust settles from Charley.
Thanks for your efforts in our behalf.
Ed Sealy
====================
Thanks Bob
The 2019 year is the year for termination of present Casa Ybel FGH and IJK organization papers, which at that date can be reformatted to allow an orderly continuation of our relationship, if needed.
It answered my question about title insurance, as an insurance to a given parcel , in this case Building G, which is a definite land plot.
This does not mean that every weekly owner in building G has to repay every time a unit is transferred. It is insured with the G building plot as a one time payment. We need legal advice.
Carl Appelberg
Robert Warren Jr. wrote:
Carl
We noticed that our Warranty Deed has this statement
"Unit Week No. 40.41 in Condominium Parcel Number 221 of Casa Ybell Beach and Racquet Club, Phase G, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 1478, at Page 2171 in the Public Records of Lee County, Florida, and all Amendments thereto, if any, until 12:00 noon the first friday in the year 2019, at which date said estate shall terminate, together with a remainder over in fee simple absolute as tenants in common with the other owners of all of the unit weeks in the above described condominium parcel in the percentage interest determined and established by Exhibit Number 6 to the aforesaid Declaration of Condominium."
What does terminate on 2019 refer to?
Bob Warren
====================
Carl,
When I purchased my week last year as a resale through Hilton, I too paid
title insurance. I can not dig out any papers right now as I am going
through Hurricane Francis as I type.
Ann Cusa
====================
It looks obvious to me that he is looking at Title Insurance, not property damage.
LLPERK@aol.com
======== <September 6, 2004> ==========
Hi Carl,
how are you in all this turmoil ?
Tried to dig through your website to get to the newest information, but it seemed at August 27, I still had the same letters as a week earlier.
So I am telling you this , hoping it brings some news :
Today, Mo August 30, at 7:30 pm CT, I finally got some information from Casa Ybel !
Rita Slaughter called to tell me that we could NOT use/rent weeks 40-42 , that there would be NO redemption at all, but - most of all : THERE WOULD BE NO COSTS FOR OWNERS FOR ANY REPAIRS !
Full insurance is - as I sincerely hoped - contained in the horrendous maintenance fee !
I asked 3 times about the cost issue, and she assured me every time- no costs for the owners for repairs !
She told me that we would definitely be able to use our weeks in January.
Hope this is something new and "comforting" ( because of no repair costs)
to fellow owners.
Dr. Karin Walter-Spiess
==================
Carl,
I too received a call from Mary Lou, but I figured it was because she sold us
our timeshare weeks and we've always kept in touch. I'm not altogether
certain she knows all the facts, because her initial call urged me to contact
RCI and place my weeks on the exchange. I had already tried that and
received a letter indicating that since the weeks could not be used, they
also could not be placed on the exchange. I related to her that I had a
similar experience with my timeshare in Surfside Beach, SC when Hugo came
through. It was damaged badly and had to be closed for almost a year. RCI
would not allow any exchange activity then either. However, the management
company "reimbursed" us by giving us another unused week in the following
year with the understanding that this was a week they would likely rent out
directly, so we couldn't actually use it, but it would qualify to be placed
on the RCI exchange.
Mary Lou told me that since Casa Ybel is 100% sold, that would not be
possible. I agree that there must be some insurance coverage for this sort
of thing, or that HGV should do something to help us. They have enough
resorts that surely they can find enough weeks to allow us something similar
to what was done during Hugo for us.
Cathy
==================
Carl,
Thank you for keeping the lines of communication open for Casa Ybel owners.
John & Beth Ball
==================
Hello Lou,
thanks for clearing this up.
When all the Charley-issues came up - especially costs for the owners and insurance questions - I looked through the contracts for my 6 weeks and tried to find anything about insurance- nothing ! All I had were the title insurance papers which got me confused when I found the paragraph that "losses and damages" were insured up to $16,ooo per week/unit. So I thought it might really have something to do with the kind of insurance we were all talking about.
I really got scared when Carl said he had never heard about a Title Insurance, and when I found the paragraph which states "This policy does not guarantee nor insure title to or any interest in personal property " ! That convinced me that it was all a scam by Hilton. Now what use is that title insurance if it gives me no rights or security ? Or are my weeks in the resort no "personal property" ? Gee, who would have thought you need a degree from Harvard Law School to get yourself some nice vacation !
Rita told me that she was calling all owners who might be affected in their vacation plans week by week. Since my weeks for this year would start in week 40, she must have called a lot of people before me already, and I don't understand why nobody has put out the information earlier.
As I said, according to Rita the resort is supposed to be functioning in January, but now I think the new hurricane might hamper the repairs through rain, so I am not sure if the weeks in early January will be available ( I have 3 + 4), but since yours are in late January, you will be fine.
Best,
Karin
======== <September 13, 2004> ==========
Hey Carl,
Remember the crazy invasive weddings like the "Chicos" one? Perhaps we will be rid of that mess since those people were not owners but m erely "users" of our
haven.
At least the trees were trashed by an act of God and not by trucks on the front lawn!
And what about the "trespassers" who parked in our spaces for our units and accessed our beach via our property?
I don't see any concerned users here .....only concerned owners.
Let me guess....Hilton will repair first, the one bedroom units that yield the most revenue. I was told once that if I were to buy one of those I could use it only 3 weeks a year and must compulsorily rent it through the front desk, with them getting a large commission, the rest of the year.
Perhaps every cloud does have a silver lining!!
Cagey
===================
What a great idea -- make our Casa Ybel units non smoking. Thanks Paulette and Ron of Wisconsin -- and to think all these years we called them Cheeseheads!
But will their request reach the Casa Ybel "powers-that-be" to make this idea happen?
I'm feeling that our elected officers are bit players, and the secrecy that surrounds Hilton folks -- I've still not heard a word from them -- means they don't hear our thoughts like re non-smoking ... and if they do, I don't see a communications effort to show they care about us, so significantly impacted by Charley.
Carl is the only communicator.
Are we just a bunch of folks talking to ourselves, though we have so much invested -- in money ... and, foremost, in our love of, and so many beautiful visits spent at Casa Ybel?
Tom Boyle, Atlanta
===================
I have written the board to take some action, hope we can do something to lower the maintenance fee in lieu of or lack of insurance for "business interruption".
I have asked to have the board consider which bills are to be paid, cleaning, pool membership and any specific normal use expense should be carried over to next year.
Please write the board individually, thanks
Carl
MelbaAB wrote:
Do we know anything about the "maintenance fee" for those of us who will not be able to use our units?
===================
Today I received the letter sent to Casa Ybel Timeshare owners from Linda Dettery and Ron Miller, Board Presidents. I was pleased to finally hear something official from Casa Ybel re: damage from Hurricane Charly.
But I felt that some research should have been done before telling owners that they may be able to use their vacation club membership to bank a week. Since our experience with Hurricane Iniki on Kauai in 1992 had taught us that Interval International would not allow us to exchange a week when our resort on Kauai was still under repair, I questioned this advice. I called II today and was told that they are not at this time accepting any weeks from Casa Ybel for exchange or banking. Think about it: how can they accept your week if the unit cannot be used at that time by another II member?
Since we own weeks 20 and 27 at Casa Ybel, I don't foresee this being a problem for us, since we're being told repairs should only take 4 months. But it took a year to repair the units after Iniki, with similar damage, so I feel this timeframe is quite optimistic.
Linda Sykes
======== <September 18, 2004> ==========
Hi,
i got a letter from casa ybel, sept 2 that stated about alternate accommodations and if you were a member of II to call l 800 828 8200. I called II and was told if you exchanged they would help you with something else but as an owner and member they were not doing anything. so we are out of a week vacation.
arlene
=================
Mr. Appelberg,
I first want to thank you for putting this web site together. I have been using it for a long time and it is very helpful.
I am scheduled to use two of our weeks, starting January 14th, just one week after they say they will open. Since you live there and own 220G I am wonder if you had a chance to see 224G, which is our unit for weeks 2 and 3. It sounds like 220G didn't fare too bad; do you know anything about 224?
Thanks much,
Pat Sweeney
=================
Carl
I see no reason for not collecting anything that that involves us owners right to know anything!!
As an owner, I am requesting that you, as a elected Board Member, but acting as a concerned owners, forward every email that I have sent to you or the Board of Directors or posted on the Casa Ybel.com site, to the Florida Attorney General. I ask every owner to do the same!
The Board of Directors has ignored all my request for contracts, owners names to contact about running for the Board or starting a recall vote, which I think may be in violation of Florida Law?
Please post this on your website and email to every owner and Board member that has visited casaybel.com, so that they all know that I requested this.
Bob Warren
ps..What hotel chains are in trouble for price gouging after the Hurricanes?
=================
Tom;
I understand that all owners who received payment for a week that was unusable, returned the proceeds to the renter .
I can not demand this, as I am not a broker, just an editor of a web site with no financial involvement's in the rentals, except for a publishing fee to place the rental on our web site.
I have not yet heard of any Casa Ybel owner who has not followed this act of courtesy..
Carl Appelberg
=================
Mcchappell62@aol.com wrote:
Carl,
We are owners of week 34, unit H186. This year, we used your website to locate an owner who was renting his unit for the same week, so that we could bring additional family members with us. As you know, due to the hurricane, we lost the use of both weeks. It's obvious now that there will be no compensation from HGVC for the week we own. However, in this case, if we had rented the additional week through the front office rather than through your site, it is my understanding that we would have gotten a refund for the additional week we rented. I am sure that there are others who rented weeks through your site who are unable to use the weeks and are not eligible for these refunds. I would ask that you post a message on your site requesting that those owners who posted their units for rent on your site and located renters there consider giving some money back to those who got nothing for their money. I am not asking for a full refund, but it seems fair that the owner refund the rental amount minus the maintenance fee they paid for the year. Of course, I know that the owners who post their units on your site are under no obiligation to do this, but it seems like something they should consider doing in the interest of fairness. While we have enjoyed the ease of use of your site and the ability to find reasonably priced rentals there in the past, this experience has taught us that there is at least one advantage to renting through the front office. -- Sincerely, Maryanne and Tom Chappell, owners week 34.
=================
Hi,
Just wanted to give you an update that I sent up for the Website. We are all very fortunate that Hurricane Ivan didn’t hit here…however, can really empathize with those poor people where it did make landfall. Take care and know that we are all working hard to do what we can.
Below is the update :
Casa Ybel
9-15-04
Drying of the units is still underway. Roofers have begun the drying in process. The sloped roofs are all dried in. They are working on the flat sections. More materials have arrived and they plan to be finished by the end of next week. Landscaping clean-up is down to cutting and removing a few trees on the beach side of the property. Drywall is still being assessed for removal. Any drywall or insulation that does not meet dryness standards is then removed from the building and property. Re-opening is tentatively set for January 7th.
E.J. Nees
Regional Manager, Sanibel/Captiva
=================
Dear Carl,
Is anyone here aware that when Casa Ybel weeks were
originally sold it was compulsory to purchase both
week 51 and 52 /53 together? These are the weeks
encompassing Christmas and New Years, and then a week
53 every fifth year ( this year being one of them)
Consequently, since Hilton has now decided for us that
the work will not be finished until "at least January
7,2005", many of these owners are forfeiting
mandatorily 3 consecutive and costly holiday weeks!
Is there really a difference between December 31,
completion and January 7,2005? In due fairness,is
there not a way to at least recoupe one week? I
personally also lost week 34 due to Hurricane Charley
and now am losing this.
About 2 weeks ago I called the front desk at Casa Ybel
and was told "they are aiming for December 1".
You told me that you were not invited to the meeting
with Hilton and the president and vice president of
the board which generated the subsequential letter and
telephone recording number sent to the owners. May I
ask a big WHY?
Carl , you are superior at distributing information,
since you reside locally near Sanibel, but we, as
owners, are scattered all over the nation and various
countries and continents and need legal representation
to make sure we are getting the services for which we
pay. I think I was convinced of this a few years ago
when I checked in for week 52 and politely given a
bottle of wine and written information to please enjoy
Chico's daughter's wedding from my screened in porch
that evening and that the festivity would be brought
"inside " by 10 pm.
HA HA, may I laugh after the fact? I purchased units
deliberately in building H because it is very quiet
there.
We have millions of dollars of buildings and need a
permanently retained legal counsel to represent us.
Why not add a measly $10 per year per ownership week
to protect ourselves and our investments in our own
best interest at times like these? LADIES AND
GENTLEMEN.....WE HAVE MUCH TO LOSE AFTER THIS
HURRICANE. How many owners live near Sanibel?
Question please? Are the one bedroom units available
for rental any sooner than we are able to access our
buildings? If so, I would question the method behind
the madess. Perhaps it would make sense to acknowledge
that those units are owned, each by one person, who
may only use his or her unit a few weeks a year, and
the remaining weeks are mandatorily rented through
management with a large commission going to the
management people/Hilton.
HOw do we do this Carl? You are in situ. Most of us
are not near Sanibel. Is there any way to have an
owners association with a legal counsel overseeing our
interests in the resort? In the northeast we have very
large homes being built and completed from excavation
upward in 4 months with traffic conditions and people
in the neighborhoods, not to mention oftentimes
inclement weather conditions.
In the middle of the desert, in Las Vegas, hotels are
redone in record time. I think we have priorities in
communication to be concerned about here. How many
owners were not even notified before their week
occurred that there was nothing to visit this year? MY
sister was not notified until after her week
commenced. I guess I was one of the lucky ones who
received a call.
SIGH.....oh well. At least if we had our own legal
counsel we might know if the common grounds....pool
etc. were being resold so we as owners could recover
them for ourselves. How did it occur anyway that
Mariner sold these areas without us having a purchase
option?
What this means to those of you who are disappointed
about the slide being gone, is that we as owners would
have had a say so in its removal.
Some answers please if anyone has any....I would love
to be able to know what the dates are on the
rebuilding contracts for completion. Has anyone who is
reading this ever built a home through a contracter or
refurbished a home and had no specifications? I think
not.
I am submitting this respectfully, but very perturbed
because I was told 2 days ago that nothing would be
known until November or December. I am certain that
the person who told me this was not an owner with
airline tickets for the holidays and over 1000 miles
away. I found this a bit blase' (Give a girl a break I
thought.) Who is calling the shots with the timing?
Answers please, if anyone has any information. My
daughter was planning on interviewing for Lee Couny
Schools the first week in January,since we would be
there. She is a college senior. This has affected each
of us in a different way, but each holiday I see that
the units are full and many families have Christmas
trees on their porches. It would be kind of someone to
say "the resort will not open until-----"
Bye the way, "Tween Water's Inn ( a Rochester Resort
on Captiva) web site, indicates they reopened
9/9/2004.
Go figure.
Kathleen Greno
Owner 52/53 and 34 H building
======== <September 21, 2004> ==========
We rented a unit advertised on your site for week 34 from Lawrence Northway,
who has returned nothing of the $1000 we paid him for the week, so all owners
didn't in fact follow that procedure. Although, as you state, it would seem to
be the courteous thing to do. All I was asking was that you mention that on
your site, so that if there are other owners who didn't do it, it might get
them to consider the possibility.
=================
Mr. Appelberg,
Since Hurricane Charlie struck the west coast you have been our only real source of information concerning the Casa Ybel Resort. I have patiently waited for news of the condition of our unit (H-184) as well as other buildings in the resort. We have received little to no information from Hilton. Your e-mails however have been invaluable. Detailing damages and other issues of what is really happening at Casa Ybel.
We were scheduled to arrived this Friday, September 17th and have called Hospitality only to be told that the resort is fine, but that there is minor damage to the roof of our building (minor?). I too saw the news broadcast which showed that a portion of the roof was missing on Building H. Hospitality stated that unfortunately there is nothing they can do to accommodate us. Why?
If you are at the resort at this time of year, then you have seen how empty it is. Last year there were only two units in use in our building. Why can they not accommodate owners and simply place us in another unit? As an owner we use the pool, restaurant and outdoor bar, and spend $$$ on sight as well as on the island. Isn't this what they want?
Question... Is there any chance of us coming out there this week? Does insurance cover anything with regards to the owners use of the resort? Is there anyone that can give me a straight answer rather then saying "Hilton is still working on the problem".
I would appreciate any information you can provide. Thanks for all the time you take to inform the unit owners of what is actually happening.
Yazmin Morales
======== <September 22, 2004> ==========
carl/ i am knew to timesharing but i have had beach condos for 20 years. i was not an orignal owner so i do not have the timesharing doc. but i would think it would be 52 people buying each week to be manageed for the comon good. it is my humble opion that c/b is being run for the profit of hilton and hosptialty and not the good of the owners and if their are 3500 or so they are depending on the fact that we are so spred out and the only tie in is that silley wast of money sand scrit news letter that tells you zip. it seems to me that the board is only a rubber stamp of hosp/hilton their got to be a better way carl i think the service you are doing for your follow owners is priceless and i thank you matt larkin 5 weeks
==============
Hi,
i got a letter from casa ybel, sept 2 that stated about alternate accommodations and if you were a member of II to call l 800 828 8200. I called II and was told if you exchanged they would help you with something else but as an owner and member they were not doing anything. so we are out of a week vacation.
arlene
==============
Mr. Appelberg,
I first want to thank you for putting this web site together. I have been using it for a long time and it is very helpful.
I am scheduled to use two of our weeks, starting January 14th, just one week after they say they will open. Since you live there and own 220G I am wonder if you had a chance to see 224G, which is our unit for weeks 2 and 3. It sounds like 220G didn't fare too bad; do you know anything about 224?
Thanks much,
Pat Sweeney
==============
Hello Carl,
You will be receiving the following letter in the mail. I am hoping that you support this effort because I know you did pass my letter along to several supportive people. Is there a way to bring this to the attention of more of the owners. I would like to apologize for giving you the "wrong" last name. My fingers on the keyboard just seemed to have a mind of their own and I did not realize it until after the letter was sent.
Paulette
Dear Mr. Piatt,
On September 5, 2004, I emailed the following letter to the board members of the owners association at Casa Ybel:
“My husband and I own weeks five through eight at unit G206 and week seven at unit H182. We know that both units sustained considerable damage from Hurricane Charley and are being completely renovated. We think this would be a very good time to consider instituting a no smoking policy inside the units. We will have new dry wall, fresh paint, new soft goods, furniture, curtains etc. and it would be wonderful to keep all of these new items fresh and free from the stains, smells, burn marks, and film that results from smoking inside the units. I hope other owners will also see the wisdom in this. Not only will our units be cleaner and nicer when we use them, since 80% of the population is non-smokers, it will also have a positive impact on rentals.
Thank you for this consideration”
The letter was shared with other owners via an email “Owners Forum Distribution List.” Since then I have received numerous letters in support of this idea. Please tell me what the next step is to bring Casa Ybel into the 21st Century on
this important health issue."
The time is definitely right for making changes regarding smoking in the units at Casa Ybel. A very small percentage of the population now smokes and the very real health dangers of second-hand smoke are well documented. Smoking fouls an enclosed area in ways that cannot be removed through ordinary cleaning, making it very unpleasant, and in some cases, dangerous for the other co-owners. Specifically, asthma sufferers and others with respiratory problems can become ill if smoke from adjoining units infiltrates their unit. And, unique to timeshare owners, remnant smoke and odor from a prior week’s occupants can cause similar problems.
It seems self evident that timeshare owners have an expanded responsibility because they own the same space with others. Therefore, we owners do not have unfettered use of our units if such use harms, or has the reasonable likelihood of harming, other owners of the same unit. Smoking in a unit has that potential. Its effects are well established.
Thank you for your consideration. I know that you are all very busy in the aftermath of Hurricane Charley but I hope you will also see this as an opportunity to protect our new space and our health. I look forward to hearing how this issue may be brought to a vote of the appropriate body, whether that be Hilton, Case Ybel unit owners, or the Casa Ybel association board.
Sincerely,
Paulette Walker Smith
==============
Good morning,
I received a copy of your email regarding our web site. Thank you for taking the time to email us: we always welcome feedback and input regarding content. However, I'm unable to find where on our web site that it states that no Sanibel properties are open.
If you go to www.FortMyers-Sanibel.com and click on the link 'Post storm information' we have a list of open properties. Almost immediately after the hurricane we added this section, and if you check through the archives you will find that we have been telling people that yes, many properties came through the storm completely unscathed and were able to re-open immediately.
It's very important to us that we respond quickly and accurately in such an event. If you feel that any of the information on this web site is unclear or that I'm mistaken, please email me back. Our goal is to accurately portray the situation and to get visitors back onto the islands as soon as possible.
Thank you again for taking the time to email us.
Regards,
Jessica Fairbanks
Lee County Visitor & Convention Bureau
======== <September 24, 2004> ==========
Carl
I have sent numerous emails to our Board members and I tried to keep copies of every reply.
Excluding you, I have received only 1 reply to my many request from the Board, for copies of Contracts, Agreements, By-Laws, Insurance Policy, what kind of non-use Insurance that Hilton & CYH had, and owners names so that I may run for the Board (If I choose to) or initiate a Recall Vote for Dereliction of Duty, if I so desire.
The 1 reply has nothing more than Hilton "Sells" and CYH "Rents", and nothing about the important issues that I wanted addressed.
So I am wondering, "Do we have a Board or is this a Ceremonial position" , What Board? All we owners have seen is a "Form Letter" telling us things are being handled great by Hilton.....Lets get real here, they only care about what is going into their bank account, now, and down the road. The timeshare owners are nothing more than pest to them.
And if I am reading your letter right, our Board DENIED the Law Firm that they hired to act as a Consultant???
If this is true, I would greatly appreciate Florida owners to talk with an Attorney from Florida or even contact the Florida Attorney General, so us owners that are far away have some kind of real representation from someone. I would gladly help pay for any cost incurred.
Bob & Annette Warren
Unhappy Owners
G221 40&41
======== <September 25, 2004> ==========
Carl
I did read everything on the web site and that is why I responded right away. Sorry if our concerns were not to the point.
We need a Lawyer at the least, but probably the Florida Attorney General, to look at what is going on.
Owners in Florida are our best help, at the moment, for us that live far away. I will gladly help pay to have someone represent the timeshare owners, since I do not see this being done by our Board of Directors, or any Law Firm that the owners may have on retainer. It is my opinion, and hopefully that I am wrong, that the Board of Directors has been ignoring my and many others request for information, because of their fear of what may or may not happen.
We owners put our faith in the Board to protect our property, but more, our best interest in Casa Ybel as a whole. We have been let down, by many over the years, and it is time to face the music. Do something for the good of the timeshare owners or step down. Hilton and CYH would love to see all of us sell out to them so they have a 5 Star Rental Resort, if you think different, you are living in LAALAA Land.
I again, will ask the Board to make know to all owners, the following, which by law they must do if asked... All Contracts, Agreements, By-Laws, Original Developers Intent, and would also like to know which Board members have a direct or indirect interest in Hilton, CYH, or any other contract. And if they will not, reply to me and all other owners as to why they will not.
Please post this reply, on your web site, forward to all Board Members, and to the Florida Attorney General, if you would.
I would also ask that you forward this message to everyone that has visited your web site, so that the flow of information keeps moving. Lack of communication will be the down fall of our resort as we love it.
Bob & Annette
Still Owners
221G
======== <September 30, 2004> ==========
Carl,
Thank you for the continued updates on Casa Ybel’s progress or lack thereof. I would hope that VERY soon we should be receiving an update from HGV. Can you advise on whether the roofs of all buildings are now closed-in. I imagine this would be their first priority.
Thank You
John & Beth Ball
===================
Dear Carl,
Does any insurance exist through Hilton for our two bedroom timeshare units or will we be in bankruptcy? What is the name of the insurance company, if one exists and what is the case number of the loss claim? I don’t see anyone at all speaking of an insurance company issuing a check for repair or “hundreds of contractors” like the Mariner repair of South Seas Resort. (look at the site www.south-seas-resort.com) How could Hilton have insurance on timeshare owners’ property when the buildings belong to us?
This evening I telephoned the front desk (239) 472-3145 and I asked if the one bedroom units were available for rent. Of course they are, and after paying $22,000 for week 52 and having paid over $800 fees for 52 and 53 I am able to rent only a one bedroom unit for December 24 ,2004 through January 7,2005 for a discounted rate of $391/ night plus 9% tax.
There is no reimbursement for maintenance fee, is there?
What are OUR maintenance fees maintaining? Would it be the front desk usage and the pool costs for the renters of the one bedroom units that are rented 49 weeks per year ? Perhaps it is for the cost of non existent usage of supplies and utilities since the timeshare units are empty?
How many of you who are reading this email really believe that all of the one bedroom units were unscathed by the hurricanes, and all of the two bedrooms are totally uninhabitable? Sounds like a tooth fairy tale to me. Since when does an act of God favor only the units from which Hilton gets 35% rental ? How many two bedroom units are habitable and who selected the January 7, 2005 date for reopening the resort?
Look at the web sites for all of the other resorts on West Gulf Drive. These will open soon or are open: West Wind Inn, Pointe Santo de Sanibel, Island Inn, Caribe…..and on and on.
Also Jensen’s cottages and Tween Waters Inn on Captiva are open, just to begin the list.
I have heard of “highway robbery”. Is this beachside robbery? Let’s take a vote.
Bottom line……IS THERE ANY INSURANCE POLICY TO REPAIR THE TIMESHARE UNITS?
Every other HGVC managed property on Sanibel will be open before Christmas. I hope there aren’t any foolish people who will add fuel to the madness by renting the one bedroom units. Hilton is in the business of making money. Why are the wolves watching the sheep?
I think we are being led to the slaughter.
Kathleen Greno
Weeks 34,52,53
===================
Carl,
What is the man's name from HGVC in Orlando who yelled
at you/ raised his voice on the telephone?
I would like to call him. Do you have his telephone number?
Kathleen
===================
Karl;
I had been watching the resort website to try and get a feel for rebuilding activities for the owned units. The latest message suggests that the resort is now open for business. When I last called the resort, I was told that condo units would not be occupyable until sometime in the new year. I own a week 39 unit in building K and for this season I had my unit rented out to a family from Jacksonville. I ended up returning the rental fee to these folks. I called the resort because I thought that since the unit was rendered unusable, I might be given a pass on the ownership fees for next year. I was told that this was not an option because our insurance does not cover "Acts of God". When I purchased my week I had been told that the resort was the only one on the island that was insured so well that if a storm were to totally destroy the place it could be totally rebuilt! This being the case, I'm left to wonder why I should be out the money which I had paid for resort related ownership expenses this year and not have some vehicle to recoup my loss. If there is a movement to recover losses by the affected owners, I should like to be included in the group. It is not my fault that the place suffered this loss. I feel strongly that I should either have my association fees for week 39 returned to me or that my stay in 2005 should be gratis. Appreciate your feelings on this matter.....
Sincerely,
Will Ortiz-Unit 171k-week 39.
===================
Hi Carl,
You can go ahead and click on our website from yours, our website is www.seashellsofsanibel.com
We enjoyed speaking with you and by all means if we can
help with accommodations we would be happy to.
You are more than welcome to stop in and tour some of the units and pickup a brochure and rate sheet.
Our units are individually owned and we have 37 of the 44 units in our program, a couple of them do not rent.
We would be willing to make better arrangements for info.
They can call me at 1-800-533-4486 and I would be happy to speak with them and make arrangements.
Thanks so much for your consideration.
Kathie
===================
i was wondering if anyone is trying to do something to salvage christmas at casa ybel for those of us who have the 2 bedroom units - those who have new year's week were supposed to get an extra week because of the leap year calendar and it seems quite mean to open the 2 bedroom units immediately after this time - not to mention a huge loss of income to those who would be renting their units
i would appreciate hearing if anything can be done about this
thank you
judy engelberg
===================
If you go to the map with the Casa Ybel layout (link on this website's front page), you will find that I , J, K units have each two side units with no upstairs on top, you are right, I 162 and 167, J 163 and 168, and K 169 and 174. IJK had suffered more damage that FGH, see photos on our CasaYbel.com web site. I can not understand it will take 4-5 months to repair, something is wrong.
Carl Appelberg
Gerinew@aol.com wrote:
Just went to the rental portion of the website and read the unit description for the first time. While most units are two stories, all are not. We own 174K and specifically bought it because the entire unit is on one floor. This is a very attractive feature to many renters. We frequently rent so would appreciate your correcting the information on the units" decription.
Do you know what type of damage was done to this unit? It is the end one without a unit above it. We wondered if it had damage comparable to an upstairs units' damage.
Thanks so much for your assistance.
Geraldine G. Newman
===================
Carl,
I am a state licensed home inspector in Illinois and I am worried about how the mold issue will be addressed. If all they do is rip off the old drywall and install new dry wall the units will show signs of mold within 6~12 months. By that time the insurance that we currently have will change to another carrier and they will deny the claim as being a pre-existing situation. Unless they use or consult with a mold mitigation specialist we will have mold problems. Have they hired a mold specialist???
Regards,
Ed Lassota
Owner week 50 K170
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Carl,
Thanks! We own a week in April and also rent a unit from an owner in
December (week 52) that we found on the Owner's Web Site. Management is
planning a Jan 7th opening date. Is it appropriate to ask for a refund
of our deposit at this point? We'd like to find a place to ensure we
can be on Sanibel during week 52. Do you have any recommendations for
comparable resotrs?
John
===================
Carl
I did read everything on the web site and that is why I responded right away. Sorry if our concerns were not to the point.
We need a Lawyer at the least, but probably the Florida Attorney General, to look at what is going on.
Owners in Florida are our best help, at the moment, for us that live far away. I will gladly help pay to have someone represent the timeshare owners, since I do not see this being done by our Board of Directors, or any Law Firm that the owners may have on retainer. It is my opinion, and hopefully that I am wrong, that the Board of Directors has been ignoring my and many others request for information, because of their fear of what may or may not happen.
We owners put our faith in the Board to protect our property, but more, our best interest in Casa Ybel as a whole. We have been let down, by many over the years, and it is time to face the music. Do something for the good of the timeshare owners or step down. Hilton and CYH would love to see all of us sell out to them so they have a 5 Star Rental Resort, if you think different, you are living in LAALAA Land.
I again, will ask the Board to make know to all owners, the following, which by law they must do if asked... All Contracts, Agreements, By-Laws, Original Developers Intent, and would also like to know which Board members have a direct or indirect interest in Hilton, CYH, or any other contract. And if they will not, reply to me and all other owners as to why they will not.
Please post this reply, on your web site, forward to all Board Members, and to the Florida Attorney General, if you would.
I would also ask that you forward this message to everyone that has visited your web site, so that the flow of information keeps moving. Lack of communication will be the down fall of our resort as we love it.
Bob & Annette
Still Owners
221G
===================
I hope the unit description will be modified to reflect that there are one floor units available. Your response did not specifically address the request.
I can understand how the units will take 4-5 months to repair. We have done major home renovations and all projects have to be done in "Layers" tearing apart in stages and rebuilding in stages. New furnishings, etc. take time to order and come in. South Florida must currently have a great shortage of craftsman and supplies. With the devastation to infrastructure, businesses, and private fulltime residences, I truly do believe(even as an owner of proabably the most expensive prime two weeks) that a timeshare should not be the highest priority by subcontractors. It often takes more time to rebuild than to build from scratch.
We all would love to have our wonderful vacations at Casa Ybel, but it is important to look at the entire area and put personal desires in perspective.
Geraldine G. Newman
E-Mail: Carl@CasaYbel.com
Carl Appelberg
2213 Colefax Court
Westminster C.C.
Lehigh Acres FL 33971
239-368-6354
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