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WESTWIND CLUB
WESTWIND CLUB
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LEGAL BEAGLE REPORT Michael D. O'Connor HOW LONG IS THE “INTERVAL” IN THE INTERVAL OWNERSHIP DEED Dear Fellow Owners:
Each of us holds title to our time-share interest by virtue of either an “Interval Ownership Deed” or an Assignment thereof. Merriam Webster’s Collegiate Dictionary gives one definition of the word “interval” as: “a space of time between events”. With reference to our time-share, the “space of time” terminates in the year 2039. Specifically, the Interval Ownership Deed provides that you have the “sole and exclusive interval ownership right and privilege to occupy the unit . . . in each and every year . . . terminating on the 24th day of January, 2039.” Those of you who were not the original owners received ownership via an Assignment of the Interval Ownership Deed. In general, the Assignment provided that your ownership was absolute:
“. . . for the remainder of the interval ownership period terminating on January 24 A.D., 2039, and for such further period as may then be determined by the owners of units in Westwind Club, and subject to the obligations, covenants and conditions set out in the initial Interval Ownership Deed.”
Several of our recent owners have actually read the document by which they are acquiring title!! The result has been contact with me to understand the significance of the termination date of January 24, 2039. The corporate records of Westwind (Declaration of Covenant, Articles III and XVIII) provide that the Board of Directors shall notify all members of the Association that the members of the Association shall meet sometime immediately before January 24, 2039 (not less than 30 days and no more than 60 days) at which time “a vote shall be taken to decide the disposition of the Westwind Club Property.” The membership will have the choice to either terminate the Club or continue its existence for a further period of ten years. If the vote is to continue the Club, then a similar procedure is followed for every ten years thereafter. Article XVIII provides:
At such meeting the members being the owners of unit weeks may by a majority vote resolve to terminate or to continue the Westwind Club building scheme; in case they resolve to continue it the Westwind Club building scheme . . . shall continue for a further period of Ten (10) years.
It goes on to provide that:
Should less than a majority of the members being the owners of unit weeks vote to continue the Westwind Club building scheme then the Board of Directors of the Association shall be authorized to sell in the open market the Westwind Club Property and distribute the proceeds of such sale to the owners of unit weeks according to the owners’ interest in the Association . . .
Personally, I cannot imagine a vote directing the sale of this little piece of paradise. MANAGERS REPORT Westwind Club has really been worked over this past two-week maintenance period. Not only were new roofs put on units 16 & 17 and units 18 & 19, but the bar and grill has been completely refurbished as well. We totally gutted the bar area and turned it into a state-of-the-art bar just like you would not believe. We put granite on all the counter tops, tiled the floors and walls, and all new appliances are in place. If you want to really get a good look at it you can go on our website Westwind1.com. and look under the heading The Resort. Also during these weeks we did our intensive cleaning. All the units were touched-up with fresh paint and windows and doors were washed. Due to the never-ending problems with the closet doors in the bedrooms, we and the Board decided to take them off. We also had a few couches recovered due to fading from the afternoon sun, which mostly affects units 1-10; even with tinting, they still fade. All bedding was checked, worn out mattresses were replaced and new pillows were put in each unit; the carpets in the units where also cleaned and deodorized. Some of our landscaping needed an uplift, so we planted a Fishtail Palm by the side of unit 11 to replace the coconut tree that had succumbed to lethal yellowing, a disease prevalent in the Caribbean. We also made a beautiful arrangement by the side of unit 10 with several small plants surrounding a Royal Palm. The backs of the units were trimmed and cleaned-up as well. In general I think you will be very pleased with the results when you return to your resort. We the staff give our very best to make sure that your investment is well taken care of in every way possible. Having the resort in tip-top shape is another reason why we are still a SILVER CROWN RESORT, and we are very proud of it. PRESIDENTS LETTER Good news for the sailboat lovers. The SUNFISH is back. We are also going to purchase a glass bottom boat to add to our growing list of water toys. One of the main reasons sailboats were removed was damage caused by inexperienced sailors. If the center board or the rudder are not raised in shallow water or over reefs, they get damaged and need repairs. This costs money and puts the boat out of service so others cannot use it. If you have not sailed or have very limited experience, please don’t say you do. Get some coaching from Steve and pick a relatively light wind to learn in. The renters of the boat will be held liable for damage. Whatever your experience, if the staff says it is too windy to go out, don’t be upset or argue with them because the boat won’t go out. We are not in a position to send out a rescue team. More good news, the Defibrillators are on sight. They appear to be very simple to use and virtually foolproof. We are working out the details on how to make them readily accessible in emergency and an instruction sheet in the unit. As you are all probably aware, time is of the essence in a cardiac arrest situation. Those of you who feel you or someone in your party is at risk would do well to acquaint yourself with the equipment. Actually, it would not hurt everyone to do this. It takes just a few minutes and could come in handy someday. You see defibrillator units in many public places. Good news for some, not so good for others. We are posting “NO SMOKING” signs in the units and ask that all comply with that request. While response to my last article was limited, the majority was in favor of going smoke free. We request that smoking be done outside. We are purchasing additional umbrellas for the patio tables which provide some shade and protection in light rain. This will make our patios more comfortable.
A final good news item for the internet users, the club now has wireless available for a reasonable fee both at the clubhouse and in the units. TREASURES REPORT Over the past two years Westwind Club has been going through a phase of major refurbishing and renewal. Great progress has been made in the interior of the units with more to come. To date three buildings have had their roofs replaced, not only with new shingles but also with new plywood and weather barriers. The flashing has been replaced with longer lasting copper. We now have a sailboat for your enjoyment, but remember, sailing is not as easy as it looks. If you have not sailed before you could end up heading for Florida if you do not know how to tack. Our internet service is being upgraded and by the end of September you will be able to get connected (wirelessly) from your unit. This will free up the bar area for more relaxing activities and give you the privacy you need when you are hooked-up. All these improvements have been done within budget and beginning in 2008 our owners will no longer have to pay for the use of the unit TV’s. As most old timers recall, the Club opened without TVs and telephones in the units. In the early 90’s newer owners wondered why we did not have such luxuries and, since most of our original owners did not want these features in their units, we made the TVs available at a cost to those who did want them. We have moved into another century and feel that it no longer makes sense to charge for the use of the televisions. Major renewal is also being done in the bar area. This area has not had a major upgrade since Steve rebuilt the bar in 1989 and I do not think the appliances have been changed since the Club opened in 1979. A few of our suppliers have broken promises to Steve and this has resulted in the folks in week 37 suffering some inconvenience. It was not possible for Steve to provide food service as the new appliances did not arrive until late Friday, the day before week 37 owners arrived. The cabinetry that is now behind the bar was crafted by Steve and we owe him a big vote of thanks for devoting his time, including Sundays, over the two weeks the Club was closed for maintenance. We apologize to any of our owners who were inconvenienced and nobody was more upset about this delay than Steve and his staff. We have commented in past newsletters about the benefit of the two week maintenance period but even two weeks is not enough to do some of the jobs at the Club especially if suppliers do not live up to their commitments. Although the Club continues on a strong financial footing the 2008 budget does reflect a small increase in the maintenance fees from $565.00 to $575.00. Insurance costs increased 8% even with the lack of hurricane damage in 2006. The cost of living on the Island continues to rise and our ongoing facility improvements underline the importance of the increase. We have, for the first time, been able to establish a reserve account. This reserve legitimizes Westwind Club’s financial position and insures us against future unforeseen emergencies.
SALES AND RE-SALES This has been a good year for the Club concerning sales and re-sales of units. So far this year we have been able to welcome over 40 new owners for various owner/weeks. Unit 22 sales have been on a steady pace and we currently have over 50% of the weeks sold. Remember, when they’re gone, they’re gone. If you’re doing the math that means we only have some 25 weeks available for sale. On a personal note, my wife Micki and myself own 3 different times in week 22. We were at the Club two weeks ago and used one of our unit 22 weeks for the first time and we loved it. The unit has been completely refurbished with new tile and appliances. The furniture is new and the gas, yes gas grill, works great. Although you all might not like being so close to the pool and activity, we found it a great advantage. When you want a fresh cup of coffee it’s just a few feet away, forgot something, no problem. My mother who just celebrated her 87 birthday owns 2 weeks in unit 22. She finds not having to walk so far and the fact getting to the bathroom does not entail stairs helps her enjoy the Club even more than she has in the past. As always, I applaud Lauren and the great job she does at the Club in sales and re-sales, she is the key to our success. Again the only request I have from you as members is not to list your units if they are space-banked. If your unit is listed currently for sale and is space-banked please let us know. If you have changed your mind about selling also let us know. It’s been a great year and we hope to be able to satisfy all of you who have units for sale, we keep trying.
DINING OUT Ichiban Restaurant on West Bay Street served up a wonderful dining experience for our party of six. From the valet parking to the fantastic view of the harbor we all walked away not only having enjoyed delicious fare but a great time. The staff is friendly and very attentive to their guest. Ichiban is owned and run by the Lee family, who as some of you may remember has another restaurant in East villa. The menu is quite varied with an emphasis on Chinese and Asian dishes. But for those of you in your party who would rather enjoy pasta or a cracked conch dish that is also available. The presentation, including the “Sushi Boat” grabs your attention and the taste is truly outstanding. I would say Ichiban is priced in the mid range of restaurants with the average cost of a meal around $25.00, which would include an appetizer and drink. For the amount of food that is served be ready to ask for a container to take some back to the unit. The cabs will know where it is, but if you are driving, take Bay Street downtown and watch on the right just past the light on Nassau Street. I didn’t see a sign out front so watch carefully for the one in the driveway. Don’t forget that Ichiban is also available for lunch and would be a fun break from you shopping trip. Bon Appetite ADVANCED PLANNER
To get Nassau event information on
your specific week(s) at Westwind, go to
FROM THE FRONT DESK REMINDER The maximum occupancy for Westwind units is 6 persons (4 in unit 22). This includes adults and children. Please do not request an exception. Some owners have reported their credit card bank is charging a Bahamas/US Dollar Conversion Fee—–Be Aware!! Please be considerate of next weeks owners/guests and smoke outside your unit Please help the staff by completing maintenance needs required in the units. You can help by being the staffs eyes. Next AGM for 2008 will be during Week 2. The new City Market is now open—–hours till 5 pm on Sunday
BEACH BOOKS Just finished reading Candice Millard’s spellbinding biography of Theodore Roosevelt’s exploration of the River of Doubt. This uncharted river in Brazil presented unbelievable challenges as the Amazon rain forest and the river came alive to threaten the very existence of all who wanted to explore it’s unknown depths. The violent nature of the river, the rain forest natives, varied plant and animal life of the area, are described in great detail. Candice Millard is an historian and is a former writer and editor for National Geographic. This book captured my attention from the very first page, one of my favorites of the year! You might want to consider packing this book in your suitcase on your next trip to Nassau. “River of Doubt” is available in paperback, published by Broadway Books.
Westwind Club Association Limited To benefit all Residents and to insure proper use of the entire Premises of Westwind Club Association Limited (“Club”); consisting of the grounds of the Club, units, pool, club and patio area and beach (“Premises”), Residents agree to comply with the following Rules and Regulations. These Rules and Regulations were updated and duly adopted by the Board of Directors on November 13, 2006, and are part of the time-share documents governing the Club. 1. Residents will use the Premises for residential purposes only, comply with these Rules and Regulations and the terms and provisions contained in the other time-share documents and will do nothing that may injure the reputation of the Club or condition of the Premises or the comfort and enjoyment of the Club by other occupants. 2. Residents will not do anything or keep anything in or about the Premises that will increase the risk of fire or that may conflict with fire or insurance regulations. 3. Residents shall respect the rights of all other Residents of the Premises to peace and quiet and will not disturb Residents by shouting or other loud use of his or her voice, with noise, music, radios and televisions, odor, or in any other way. All abusive, disorderly, violent, or harassing conduct by a Resident, including but not limited to abusive and/or foul language, sexually explicit comments toward Residents, occupants, or management is prohibited and is grounds for immediate termination of occupancy and additional remedies set forth below, regardless of where on the Premises this activity may occur. 4. Vandalism of any kind by a Resident on or to the Premises is prohibited. 5. The swimming pool is for the exclusive use of Residents and their guests as well as invitees and staff. Swimming pool rules are posted at the pool. Residents and guests shall obey those rules. Noncompliance with any rules may result in loss of swimming pool privileges. 6. Residents are responsible for the behavior of their guests. Such persons shall abide by these Rules and Regulations. 7. Residents are responsible for any damages, including clean-up resulting from the conduct of themselves and their guests. 8. Animals are not allowed at any time, under any circumstance. Club animals are not permitted in the units. 9. Residents will not paint, paper, or otherwise decorate any unit. 10. Unsightly vehicles are not permitted on the Premises. Any vehicle of Resident or of Residents’ guests that leak oil or hydraulic fluid (which damage blacktop) must be removed, and Resident is responsible for any cleanup and repair. 11. Residents will act reasonably to conserve water and energy, and will report running toilets and faucets to Management for service. Residents will not make unreasonable use of air-conditioning. 12. Residents will not remove or tamper with safety equipment or remove batteries from smoke detectors or in any other way disarm them. 13. Possession, sale, or use of any illegal drug or drug paraphernalia on the Premises or in the units is prohibited. 14. Possessing, using, or storing lethal weapons anywhere in the units or on the Premises is prohibited. “Lethal weapon” is defined as any deadly weapon which, from the manner used, is calculated or likely to produce death or serious bodily injury. This includes, but is not limited to: all firearms, hunting knives, switchblades, bows and arrows, machetes, or other knives. 15. Maintenance requests shall be submitted in writing to Management. Specifics of the problem, to the extent possible, shall be included in the request. 16. Residents shall reimburse the Club for repair of any damage to the premises, including the units caused by violation of any of these Rules by Residents or their guests. 17. The Club through its Board of Directors may impose fines up to $10,000.00 for behavior and conduct contrary to these Rules and Regulations which significantly interferes with the use and enjoyment of the Premises of other Residents. 18. A lien shall automatically attach to an Owner’s time-share interest unit for sums charged to him/her as a Resident for violations of these Rules and Regulations. If the sums charged pursuant to these Rules and Regulations are not paid within 30 days, the Club may forfeit the Owner’s interest in his/her unit and foreclose on the same or prohibit use of the unit by Resident until all sums are paid.
WESTWIND CLUB ASSOCIATION LIMITED SWIMMING POOL RULES
1. NO LIFEGUARD ON DUTY. Management assumes no liability for persons swimming in the pool. SWIM AT YOUR OWN RISK. 2. No diving in the pool. 3. No rough-housing or dangerous play. 4. No loud or obnoxious behavior. 5. No foul language. 6. No running. 7. No glass containers in the pool area. 8. Improper use of lifesaving equipment is prohibited. 9. Proper swimming attire is required at all times. 10. No pets. 11. After 10:00pm, the pool area is to be quiet. PASSPORT///PASSPORT///PASSPORT/// THE USA STATE DEPARTMENT IS REQUIRING A PASSPORT FOR ENTRY BACK INTO THE UNITED STATES FROM THE BAHAMAS!!!
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CURRENT BOARD OF
DIRECTORS |
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Donavan Meyer, President |
Michael
O’Connor, Secretary Pete Seibert , Webmaster Raymond Weigel III, Sales and Resales Stephen Darville, CLUB MANAGER |
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