Silverleaf Resorts - UNAUTHORIZED ATTEMPT TO LEVY CHARGE ON CLIENTS CONTRACTUAL RIGHT TO USE THEIR ENDLESS ESCAPE BONUS TIME UNENCUMBERED BY CHARGES
Dear Messrs. Connolly, Nelson , ana Ms. Dixon:Be advised this office has been retain by Jay Krass and Rose Graziano Krass, to redress their grievances against SILVERLEAF RESORTS, INC., arising out of SILVERLEAF RESORTS, INC.’s to modify their Bonus Time program rights as provided in their contract of September 1, 2000, identified as Resort/Townhouse/Week respective identification 0S/295/04 a copy of which accompanies.By SILVERLEAF RESORTS, INC.’s letter dated December 4, 2018, executed by Patrick Connolly, as President of SILVERLEAF RESORTS, INC, addressed only to owner, “Jay”, SILVERLEAF RESORTS, INC purport to exercise a right to “increase” the Krass’ “usage fees that are currently being charged for Bonus Time reservations.” SILVERLEAF RESORTS, INC. asserts that due to increased costs, and there having been no “price adjustment since 2006" the adjustment is necessary.”Regardless of the claimed financial impact on SILVERLEAF RESORTS, INC, this office’s clients’ expressed contractual rights, granted in the above-referred to contract, prohibit any assessment to be charged against their right to use their Bonus Time. Paragraph 2 of said contract provides “[t]he Endless Escape Bonus Time Program allows you accommodations at selected resorts at no additional cost to you, but is subject to the availability of units.” (Emphasis added by this writer.)Further this office notes that the said letter of December 4, 2018 from SILVERLEAF RESORTS, INC, represents that the “The Bonus Time program has been in place for many years, and Silverleaf Club has not made a price adjustment since 2006.” However, SILVERLEAF RESORTS, INC., and its predecessor owner, prior to Holiday Resort Vacation’s ownership, made no assessment against the Krass’. By excluding the Krass’ from the 2006 adjustment SILVERLEAF RESORTS, INC. Acknowledged by such conduct that the contract rights of the Krass’ were not subject to any charges, or adjustment of charges.At this juncture, this office’s clients are willing to regard the attempt to assert rights to encumber their rights by imposing a charge of ay sort upon their Bonus Time usage as inadvertent, and request that SILVERLEAF RESORTS, INC, forthwith present this office with a writing rescinding any and all claims of any right, to assert and charge whatsoever for their usage by the Krass’ of their contractual right to the free use of their Bonus Time.Should SILVERLEAF RESORTS, INC., persist in claiming a right to impose charges for the exercise of the Krass’ use of their Bonus Program rights this office requests that SILVERLEAF RESORTS, INC., provide the grounds upon which it asserts a contractual right, or any right in law to make such assessment. This office will give due consideration of said grounds. However, if this office concludes that such grounds are baseless, and/or SILVERLEAF RESORTS, INC. declines to provide a writing which the Krass’ are enabled to use should any of the resorts attempt to charge them for their use of their Bonus Time this office will have our New York associate to commence litigation, with an intent to uncover similarly situated owners with an eye towards the potential for asserting a class action suit.
Very truly yours,
THE KRASS LAW FIRM