New Property Management Contract for the Cay Club?!?!
**********WARNING!*********
**READ IT BEFORE YOU SIGN IT!**
Many of your have been in contact with me about the new Las Vegas Cay Clubs Property Management contract being distributed by the new company, Desert Tides LLC. I have received it this week and had a chance to review it, I would recommend you exercise some caution. READ IT FIRST!!!!
Please pay special attention to sections; 10, 13, 16, 21, 31 and Appendix A.
I’m also very confused why they are asking for the Power of Attorney signing over all rights to the HOA?
I have to say this seems like it is the Cay Club with a different name trying to change up their deal with everyone.
I’ve had several people tell me they will not sign it!
Please use caution and read section 31 again!!!!
November 15th, 2007 at 4:11 pm
The new property management agreement that was issued under Desert Tides, concerns me. Will owners sign this document??
Owners - can we obtain our own Management Company to rent our units weekly, leaving Desert Tides out?
Does anyone have suggestions.
November 16th, 2007 at 8:49 am
I think there are red flags all over this contract. Why do they need/want power of attorney? Is Desert Tides using the same attorney (page9) that Cay Clubs used based out of Florida? Is anyone signing this agreement?
November 16th, 2007 at 11:19 am
what are the concerns with the new property management agreement?
It appears that only about 100 units have been furnished and it is my understanding that they will furnish those units as part of the agreement..
I suggest you phone Craig Holt at the property for an explanation f everything.
November 17th, 2007 at 6:43 pm
My concerns have to do with all of the open-ended fees that can be charged to the owners, some of the language if very biased toward the Management Co. it doesn’t seem to be 100% fair to both parties. The POA is a huge concern for me, at this point there has been too much control taken out of the hands of the owners and this will only take that to extremes. I just want everyone to use caution before they sign this!!! If anyone is signing it I would like to hear from them!
November 20th, 2007 at 1:50 pm
Does anyone know how this property management company was chosen?
Am I the only one who thinks that this ‘new’ property mgt group may be Dave Clark’s group all over again? Desert
Tides with a Florida address. Please!
After all the fees are taken out, how would any owner make any profit at all?
This property mgt agreement will be part of any sale of our unit that we might make and what new owner would buy a resort condo with these kinds of terms in place?
Why are we accepting them?
I own a residential condo and we have an elected governing board that choses our property mgt company EACH year, no seven year contract would be tolerated by most boards.
Where is our Governing Board?
November 20th, 2007 at 2:06 pm
Fran,
The HOA has not been turned over to the board yet. I would suggest you start to make some calls and see if you can get the process moving. Your are right about the selection of a management company, it will impact values. Just keep in mind there’s two here. One to manage the HOA & one to manage the “Nightly Rentals,” it’s easy to confuse the two.
November 28th, 2007 at 7:44 pm
I own a 1 bedroom in Las Vegas Cay Club, it was not furnished, I was not paid all of my lease back money, and I have not recieved any property management contract yet. I was told by Craig Holt that it would be sent out, but it looks like only a portion of the owners are recieving the managment agreement. When did you recieve your agreement. I agree with Fran, I bet that Cay Clubs or Dave Clark and his gang are just using another company name to manage the property and to make more money off of us!
November 28th, 2007 at 8:11 pm
I just did some research and YES Desert Tides, LLC is a Florida Corporation.
Go to www.sunbiz.org, look up Detail by Entity Name, put in Desert Tides, LLC, and it will show that this is a new company, filed November 2, 2007.
Craig Holt is the managing member- BUT Dave Clark’s business address is listed as the place of business! It is called the “Dove Creek” office which is where the old Cay Club employees are working out of: 94500 Overseas Highway, Key Largo, FL
This is NOT a new managment company- this is Dave Clark disguising himself through another name!
They want us to think that Cay Clubs is gone, that the guy has no money, but he is still up to the same stuff that he has been doing!
December 1st, 2007 at 1:00 am
Has anyone contacted the Las Vegas law firm that is supposed to be looking into these properties. I heard the there was a group forming, but have not seen anything since.
December 1st, 2007 at 1:01 am
Who comprises the HOA now, as it should have been turned over last summer?
December 1st, 2007 at 11:05 am
Craig- I’m not sure of the exact status of the HOA. I would say that it is still Cay Clubs or their successor. Owners need to push to take control of it sooner rather than later. If the board had owners on it I think it would help solve some of the problems so many people are facing.
December 2nd, 2007 at 9:06 am
Tim/Craig,
The HOA is comprised of all of US owners. We then elect, in a formal election process, a governing board of 5-7 members depending upon what our condo docs stipulate. Then the HOA board choses a Property Managment company to manage the business of the property, i.e. pay bills, maintain the ordinances, select fire/flood insurance policies, etc.
Then we chose either a separate property managment company for the nightly rental business or find a general property mgt company that can do both.
I’m not certain but there could be a conflict of interest if they do both.
I believe the functions are highly specialized and that advertising, making reservations, collecting rentals, cleaning rooms after occupancy, etc is one skill set.
The other prop mgt pays the landscaping, water/sewer, general repairs such as roof, driveway, signage, pool maintenance, CC&R’s, general counsel consultation, collection of monthly HOA fees, insurance, etc.
I’m thinking we might organize the group of us, find an attorney to read our condo docs, organize the election via proxy vote/mailed ballots, etc, of Board Officers to represent the homeowners on the Homeowners Association and then select a Nightly Resort Rental company that is honest, ligitimate and trustworthy.
Our value will go up and we can sleep at night.
I’ve got real estate attorney friends who might be interested in such a project given the sad state of home sales nation-wide…..he might be very interested.
Fran
December 2nd, 2007 at 9:16 am
JC,
Thanks for the confirmation! I was quite sure this was Dave Clark again but could not find out about the newly formed LLC like you did. So I thank you very much.
I was told by Craig Holt that I would receive the contract in the mail and that was 3 weeks ago. Nothing yet.
I know of at least 2 other owners who would be interested in pursuing the election of a board (which is within our rights according to the condo docs) and then hiring an honest prop mgt company to do the nightly rentals for the owners.
It should be easy to locate the rest of the owners. Tim, the real estate agent, has the names of many of them because their units are up for sale.
There has been some speculation that Dave Clark owns the land where the pool and club house is located. That would be quite unique but anything is possible given past behavior.
Traditionally, the owners own the common areas and they pay handsomely each month for it’s upkeep.
Property taxes are assessed proportionately to each owner for the buildings of the common area.
Your thoughts?
Fran
December 3rd, 2007 at 12:44 pm
My name is Tyler, I’m an owner in the Cay Clubs and i have repeatedly and persistantly stayed on top of Craig Holt, the bottom line is as you guys said, this new “managment agreement” is a front for Dave Clark. Please keep me in the loop as to how we (the HOA) can take control of the management company and how can we get furniture in our units? Craig told me i would recieve this shorlty, however i’ve already read it and it’s shakey at best. There are 2 different management as you said, one for the maitenaince and one that does the housecleaning, nightly rentals, ect…thats what Desert Sands LLC is…please let me know our options going foward.
December 5th, 2007 at 9:46 am
Like many of you here, I am also an owner in LV.
A lawsuit was filed in FL in Oct on behalf of some owners in Clearwater that listed issues that many of us have had with Cay Clubs. This may be part of the reason that Cay Clubs has officially dissolved. Craig Holt explained to me last night that Cay Clubs dissolved due to mortgages being called in, but I am not sure how complete that story is. He also explained that a gentleman by the name of Mr. Band owns 9 commercial acres associated with the property. Again, I am not sure if that means the parking areas and general area, or if it is the property located between our units and the Rio. Hard to say right now.
Additionally, there is a hearing coming up for another company to construct 1,250 condos and 1,250 hotel units with a casino between the property and the interstate. Not sure what the outcome is on that as of yet.
The issue of a lawsuit can been found at http://www.beltlawfirm.com/
Take a look at open investigations and you will find a link for Cay Clubs. I will not go into any specific details on this.
It is apparent to me that it would not be in the owners’ best interest to continue to work with these guys. I have no problem supporting an HOA with elections and proper hiring/vetting of a management company that would truly look out for the interests of the owners. Cay Clubs has demonstrated that they are very poor at decision making/execution of proposed plans and it would be ill-advised to continue down a bad path with what they have demonstrated in the past.
My partner and I have spoke about these issues and we want to contact all owners in LV. I am interested in hearing from other owners and we can start getting things moving in the right direction out in LV. Look forward to hearing from you all.
December 18th, 2007 at 4:50 pm
I own two LVCC units. What is everyone’s position on paying the EBMC HOA fees? I support moving forward with a board of directors of owners. Please keep me informed.
G.R. Smith
January 3rd, 2008 at 8:56 pm
According to the state of Florida documents filed in early November 2007.
Dave Clark and David Band formed Marina Associates and Desert Tides the “new” property management company at the Las Vegas Cay Clubs.
Be careful, the wolf is in sheep’s clothing.
January 4th, 2008 at 11:01 am
Can you provide a link to these documents? Or if you forward them to me I can post them for all to see. The more info everyone can have in writing the better!! There is way too much “Take my word for it” info out there on this.
January 30th, 2008 at 6:35 pm
I own one of the units in The LAs Vegas cay club. I have received the property management contract from Desert tides, but dont want to sign and return it.It doesnt seem right as it may be the same guys with Cay Clubs in Disguise. Any one has new info how to protect owners’ interest, please keep me on the info list. I can be reached at toangrant@yahoo.com. Any lawsuits for this Las Vegas Units yet? Which Attorney?
February 26th, 2008 at 9:09 am
In regards to the changing of the board and using the new mngt. team
- Your condo read that until the property is, I believe, 70% sold you can not gain contro of the board. I am not an attorney but given the circumstances this may be able to be over turned. I would pursue this as soon as possible
- You OD NOT have to use the new mngt. company, you can use your own. You & your selected team will at this point be responsible for cleaning, etc. Make sure the do not try to tell you that you will not be able to use the amenities, its hidden in your condo docs that they can not do that, they just try to make it look to you that it is more feasible to use thiers.
- DO NOT DO NOT sign the POA. I have seen what they do wih this power and it does not benefit you the owners. They can take out mortgages, form mergers, sell unimproved portions of the complex re elect certain parites to authoroty, etc.
- there are sections of your condo docs that protect you as the owner my advise is to join together with an attorney and pursue this together.
As suggested by one of your other commentors PLEASE read everything in detail and get advise if you do feel good able anyting they ask you to sign.
March 31st, 2008 at 12:38 pm
I too am interested in hearing if others are paying EBMC HOA fees.
I received a bill from them in September 2007, I haven’t paid a cent yet, but now they are threatning to take me to collections if I don’t pay by April 15, 2008.
Is anyone else paying or not paying to these guys?
April 30th, 2008 at 8:10 am
Who is this Dave Clark person? Certainly not the owner. He is David Band out of Sarasota Florida and owns 17 units outright also. Check it out.
July 31st, 2008 at 9:21 am
If you really want to contact all of the owners just go to the county tax assessor. You have to put in a search for 4200 South Valley View Boulevard, Paradise, NV. (not Las Vegas, NV).
They list all 350 owners of your property broken down by unit number. I went there because I was searching for a cheap weekender vacation condo in Vegas and found a half dozen (bank owned condos) in your complex for less than 69,000. I couldn’t believe condos could be bought so close to the strip for this price. I’m sorry to see what happened to you guys. My advice if you can afford it, hold them. The location is incredible and development will eventually come (though probably not from the scammers you bought from). I went through upside down investment condos in CA 15 years ago stuggled but held them..and made out big after 5-7 years. Enjoy your vacation home in the meantime. And unless your CCR’s require it you can use any management company for renting out your property( or none at all and rent it out yourself.) Never sign away your rights!