Comments on: Cay Club HOA Formation

By: Tyler

Tyler — Fri, 07 Dec 2007 19:56:59 +0000

I’m an owner in LVCC. Below is my contact information. Anyone can contact me to discuss or update me on any issues regarding the Cay Clubs. It’s time we (the owners) attempt to take control through action.
Tyler Bennett
tbdeals22@yaoo.com
908-770-6778

By: Chintan Desai

Chintan Desai — Fri, 07 Dec 2007 22:07:23 +0000

I am an owner of LVCC as well.
I have read the blog and definetly agree that
Mr Spoko should represent us.

813-343-8941

Chintan Desai

By: John Rapinchuk

John Rapinchuk — Fri, 07 Dec 2007 23:11:55 +0000

I am the owner of unit 3037J, and would be happy to work with anyone on founding our HOA and other issues. I have received leaseback but not furniture, and assume that is sufficient to void the balance of the lease in NV court. I will explore that issue next week when I am there. 415-922-9570

By: Anonymous

Anonymous — Sat, 08 Dec 2007 21:10:38 +0000

John,

Our leaseback agreement was with Cay Clubs and they no longer exist thus our leases were with a company that is out of business.
Interestingly, Mr. Holt may try to say that we are still in “leaseback” thus verifying that he has CC documents and is attempting to enforce a lease with CC despite the fact that they don’t exist.
He will deny it’s Dave Clark disguised as Desert Tides…yet it’s Dave Clark that is trying to enforce the leaseback period.

By: G.R. Smith

G.R. Smith — Tue, 18 Dec 2007 23:28:26 +0000

I own two LVCC units. I have received my leaseback funds but have NOT received my $30K furnishings for each unit. I would like to be added to Bryan Sopko’s distribution list for LVCC communication. I would also like to know if anyone knows who the current Board of Directors are for the LVCC HOA. I believe that the President of the HOA is still David Scwartz. Did any of you have the opportunity to vote for any of the Directors per the bylaws of the LVCC HOA? Did any of you receive a complete record of all acts and corporate affairs of the association that we should as owners receive at the annual meeting of the owners? I am trying to determine the legitimacy of the HOA bills. I spoke with Janet Calero, the COA Controller of Cay Clubs. She advised me to pay the HOA dues, per the governing documents of the HOA. Gary Schwartz, the President of the HOA, approved my request to delay my HOA bills until 12/31/07, with no penalties or interest. Does this sound fishy to anyone?
G.R. Smith

By: Darren

Darren — Thu, 20 Dec 2007 05:42:43 +0000

I am an owner of a 1BR in LVCC and I’m also happy to help form an HOA. Does anyone know the ramifications of simply not paying $450 quarterly dues?

By: G.R. Smith

G.R. Smith — Thu, 20 Dec 2007 22:25:06 +0000

I have spent some time reading the Condo governing documents in detail, and I have concluded that we as Owners are not obligated to pay the HOA fees until a legitimate HOA is formed by the Owners.

Please refer to the Declaration of Covenants, Conditions, and Restrictions for the Las Vegas Cay Club Condominiums documents. Referencing Section 2.7 Declarant’s Period of Control, this section states that …

”(a) Notwithstanding anything contained in this Declaration to the contrary, Declarant shall have the right to appoint and remove officers of the Association and members of the Board until the first to occur of the following events:

(i) sixty (60) days after the Close of Escrow of seventy-five percent (75%) of the Units that may be created by Declarant, as set forth in Section 14.7 of this Declaration;

(ii) five (5) years after Declarant has ceased to offer Units for sale in the ordinary course of business; or …

(b) Not later than the termination of Declarant’s Period of Control, each member of the Board must have been elected by the Owners as provided by the Bylaws.”

Per the guidelines referenced above, control should have been turned over almost two years ago. Currently, we do not have an HOA governed by the Owners. We have one person on the Board that none of the Owners has elected. His name is Craig Holt. He is not an Owner, but the General Manager of Desert Tides, LLC.

Section 6.4 Annual Assessments; Commencement; Collection specifies that until the Association makes an annual assessment, Declarant shall pay all common expenses.

That being said, Desert Tides, LLC, as the current Las Vegas Cay Club Owner, has the responsibility per Section 6.4 to pay all common expenses. This is due to the fact that control has not been turned over, and there is not a functioning HOA in place to make an annual assessment. Therefore, Desert Tides, LLC (Declarant) shall pay all common expenses.

By: Geanie Zinda

Geanie Zinda — Sat, 22 Dec 2007 00:17:11 +0000

My name is Geanie Zinda and I am the owner of #2039. I’m also interested in forming a HOA. (813)220-2082 gzinda@gmail.com

By: Steve

Steve — Thu, 31 Jan 2008 02:38:28 +0000

Please add me to the group of Vegas club owners. i can be reached at toangrant@yahoo.com. i have a one bedroom unit there. 925-600-8076 Steve

By: Jim McNeil

Jim McNeil — Sat, 02 Feb 2008 04:28:57 +0000

Please add me to the group of LVCC owners. My wife and I own S3079. Has anyone begun legal action against Cay Clubs? If so, what law firm are you using?
Thanks
jamesdmc1@yahoo.com

By: PATRICE DE LANGSDORFF

PATRICE DE LANGSDORFF — Tue, 08 Apr 2008 16:14:53 +0000

Please add me to the group of LVCC owners. I own three units at LVCC J3038, J3039 and K2046.

By: MaryAnne

MaryAnne — Sun, 09 Nov 2008 21:52:52 +0000

JIM: Las Vegas Cay Clubs Lawsuit. There is a law firm handling many of us. We hired a firm called Abrams, Roberson, Johns and Durrant. 702-386-8637. They have a key witness and support documentation. They are helping us navigate through all of it. Spread the word and lets all get the help we so desperately seek.