Cay Club HOA Formation
Over the past few weeks there has been lots of postings and phone conversations about the owners organizing to officially form the HOA. Many of you have asked who to talk to and what would be the next step—keep reading.
First of all, I’m still not even sure if Desert Tides, LLC is the successor of Flamingo Palms Villas, LLC, I assume DBA, The Las Vegas Cay Club. If they are then is should be easy to transition to the owners but if they aren’t then I’m thinking it will be a bit more complicated.
I’m not going to have much luck getting answers from Craig in the future, he told me today that he is not going to help me anymore and for me to contact their attorney in Florida if I needed any information. I guess it is going to have to be one of you owners to force his hand in releasing information and then you can report back to all of us. I know he hates that other owners are working together on this, I also know he reads this! Maybe he could just make a comment here with the correct info and save us all a lot of time?
Second, EVERYONE KEEPS GETTING THE BILLS, so it would be nice if it was turned over to the owners. Wouldn’t you like to have a voice in how that money is being spent? I also believe this will help solve some of the challenges many owners are facing in the coming months.
Third, after speaking with so many of you I think I found your leader today! His name is Bryan Sopko, he owns a unit in Vegas & I think he will be in touch with many of you very soon. Here is his email address if anyone would like to contact him directly, bryan.sopko@us.army.mil I think he will be very instrumental in getting everyone on the same page. I know he is going to have a hard time pulling together the owners of 360 different units and keeping up on all of the correspondence so I offered him the ability to start posting more info here on this site to help pull everyone together.
Forth, the best think you could do to help yourself with the situation you are in is, get involved! If you would like other owners to contact you, please post a comment and include any contact info you would like.
TAKE ACTION!
December 7th, 2007 at 12:56 pm
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
December 7th, 2007 at 3:07 pm
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
December 7th, 2007 at 4:11 pm
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
December 8th, 2007 at 2:10 pm
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.
December 18th, 2007 at 4:28 pm
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
December 19th, 2007 at 10:42 pm
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?
December 20th, 2007 at 3:25 pm
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.
December 21st, 2007 at 5:17 pm
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
January 30th, 2008 at 7:38 pm
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
February 1st, 2008 at 9:28 pm
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
April 8th, 2008 at 9:14 am
Please add me to the group of LVCC owners. I own three units at LVCC J3038, J3039 and K2046.
November 9th, 2008 at 2:52 pm
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.