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Hi....I am an Abbey Resort owner and I am considering selling my condo. If anyone is interested, please contact me. Thank you, Carol Murphy Get Outlook for iOS

Hello Abbey Owners, We have decided to put our unit up for sale. We first wanted to contact the other owners to see if there is any internal interest before we list with a Real Estate Agent. We are the original owners. Our unit is A2659, and is a queen. If you are interested or have questions, please reply. Thank you. Regards, Kathy and Steve Baumann

How are you doing? Are you busy? I need a little favor from you. Thank You, Tom Waszak

I’ve heard that a letter has been received by a unit owner describing additional charges for something from the room renovation? Anyone familiar? Brian Andrews

Hello group, Did anyone go up and see the newly remodeled room and how was it? And is there any photos that you can send along? Thanks, Brian & Cindy Andrews Abbey unit owner.

While the Abbey had done this for years...... Our rooms are lost leaders.... I've said this several times. Please look for yourselves! When anyone buys $500 in gift cards you get a free room night...... That means $500 is going to be spent at the commercial revenues of the resort and our rooms are utilized with no benefit to the owners. In comparison please look! Lake Lawn Lodge nor the Grand Geneva give away room nights! They give away a higher bonus Dollar amount on the the purchase of the gift cards. Please keep in mind, boat slips are selling in the harbor for 300K and we cant even get 100k for our rooms. Oh, and are we going to have a special assessment just for our insurance?????

Now do I have your attention? If your paid in full you are most likely due a refund? At minimum question the validity of any of the charges we were assessed from the start. I will explain the attached document here shortly that supports this statement. I’d like to keep this brief. A few short statements: My intentions are to have my room values as close to what I originally paid for them over 15 years ago as possible. Not the approximated 75% depressed value they are currently at. I do want out. The only way to get there is to have revenues up, an equitably sharing or revenues and expenses and not be nickel and dimed. I have in fact reached out on more than one occasion to management and other large holding Abbey Room owners to buy me out. I wish to not keep on feeling taken advantage of and watching it happen. Full disclosure, for years I trusted Cary and even named him on proxies in the past to vote on my behalf. Unfortunately, something has drastically changed. Transparency still does not exist I would strongly question anyone’s ulterior motives that do not support standing up for what is equitably fair and just. Trying to wave my rights in a negotiation, that has no benefit on the conceding side just doesn't make any sense. If something doesn’t seem right or feel right, it probably is not right! If the amount of time that was spent to come up with a negotiated “settlement” was actually used to look at this project and analyze what was going on, it wouldn’t have gotten this far out of control. It only took me 15 minutes to look at this document and find 5 things in question. Anything that is paid out of our association is still the unit owners’ "our" money. So while we won’t feel the immediate impact if the association would pay for a share of this expense, it’s still our expense that will have to be covered in the future. I am disappointed in myself for not catching some of the erroneous charges in the early onset. I am disappointed in myself for not questioning why the room remodels were the exact same cost for kings and queens. Fundamentally they have different furnishings and should have been different costs. On to the attached Document: I was provided the attached document by Char Kelley on Friday, September 16, 2022 after over a month of requesting. This was finally provided in the 11th hour, to make a forced decision by Monday, September 19, 2022. While looking at this document please consider a few things: · While we agreed to a room remodel of $12,000 with a $490 contingency you will see this new documentation had it pegged at $12,480.90 to start. o We should have asked why the project was an even $12K o We should have asked why the cost are the exact same for both a king and queen room · You will see that each room was assessed costs for goods not in each room. Each room is paying for both a sleeper sofa as well as a lounge chair · You will see that each room was assessed cost for both king and queen nightstands · The attached document states that the overrun is really $2196.61. Yet we were all assessed $2300. Where and who is that additional $103.39 going to? · You will see we paid $126.54 for an ottoman that was “eliminated after owner feedback” but we were only provided a credit of $61.89. No full refund? No explanation? · You will notice there are several upcharges for quantity changes. There is a charge for fabric not included in the original budget? Why would these quantities not be accurate by a professional company on its onset? · There was a completely new charge of a block out shade and leather strap for another $221.83 · Additional charge for PTAC cover removal, nothing for replacement. Were we not told they were getting replaced in this overage? · There is now a charge for liquidation? Yet now projected credit for items that are to be liquidated. This states liquidation, not disposal. Was anyone else approached about $280 to liquidate your room? · We were told that the majority of the over runs were for fuel and transportation “freight” while that line item did go up almost by a factor of 2. It o

All, hope you are well. A few quick things. If you cannot attend the annual meeting in person on Saturday, October 22nd at 9am at the resort, Tom Szews, Sal Picardi, and I (Marty Fiascone) are requesting that you fill out your voting proxy so that one of us has your vote on key issues. We will be sending you a proxy form in the near future. See below for important issues! 1. Our annual owners meeting on Saturday, October 22nd, 2022 at the resort. The start time is 9am. It is in person and you can attend by phone. For those of you attending by phone, contact Savanah Smith at the Abbey for information. 2. At this meeting there are going to be some important topics. Below are two of them. There very well may be others. a. Management Contract Extensions- CHANGE PROCESS for more Transparency. We are going to be starting the process of attempting to modify the way that management contracts (between room owners and the management company) get extended. It is our belief that historically the contracts with management were set to expire in 2029. In about 2014-2016 there was a 10-year contract extension granted by the board at that time which extended the contracts to 2039. It is our belief that the management contract extension can be granted by a simple majority vote of 2 of the 3 persons representing the residential board (even if those members are appointed). This board was asked to extend some of the management contracts (in 2021) for an additional 10 year period to 2049 and we declined to do so. We feel that is far too limited of a group to extend such contracts. More transparency is necessary. We feel that any management contracts should be reviewed and recommended by the 3 persons representing the room owners on the board. From there we feel it should go to an open discussion of the owners at large and then require a majority of the 334 rooms to vote in favor of the contract extension. At our last board meeting on September 27th, 2022 we asked management if they would support such a change and they did not commit to supporting this change. b. Board Seat Election- We will be having a vote for one of the board seats currently occupied by Tom Szews. Tom is going to run for re-election and has done an excellent job as board president. Tom is even keeled, a long time owner, and engaged-- he understands all the key issues that the Abbey is dealing with.

This letter was sent to Cary, Michael, Jim Devine, & Kelly this morning: Dear Mr. Kerger, Please be advised that you may proceed with work on my unit, but only if you cease pursuing the $2,300 per unit additional charges that you imposed on my units. I am not giving permission to withdraw funds from my account, nor will I agree to any other payment method for these bogus charges. The agreement I have was for $12,000 plus a $490 possible contingency for unforeseen expense. There was no agreement either verbal or written for any charges to exceed these amounts. I suggest that you proceed with this work, and do not underestimate my resolve for an equitable resolution. I am an original owner of 3 units at the Abbey. By trade I am a general contractor. Nowhere in our agreement did I approve any charges over and above the agreement we entered into for this project. Furthermore, you have lost credibility with me. I originally bought into your constant preaching about how the commercial side & the room owners were “joined at the hip”, and what was good for the commercial side was good for the residential side. In light of recent events, your actions have proven the opposite of that. There is an extreme level of mistrust in your words & actions amongst the room owners. This is particularly evident in your handling of the queen to king conversions where you continue to hold the money that was paid for those conversions, that by agreement belongs to the room owners and is to be used to pay down debt. The longer you hold that money, the more interest we pay on our loan. You also felt it necessary to dip your hands into the Wisconsin tourist board funds that were slated for the room owners, which were clearly our only source of relief during the pandemic, while at the same time you were claiming funds for the commercial side from the same source to cover your losses. This is called double dipping. You also reaped the benefits of in excess of $3.6 million in federal PPP money of which the room owners received ZERO. So clearly we are not joined at the hip, despite your preaching. I would encourage you to do the right thing here and start showing actions that match your words. I would encourage you to immediately transfer the queen to king conversion money, and the Wisconsin board of tourism money, and lets move forward to start rebuilding trust. Bob Schneider Units 2560, 2351, 1415 From: [email protected] <[email protected]> On Behalf Of marty fiascone Sent: Wednesday, September 7, 2022 10:40 AM To: [email protected] Subject: Re: [AbbeyResortOwners] #BoardMeetingNotice Tuesday, August 30th, 2022 at 7pm All, this is Marty Fiascone- I have not received any formal proposal to consider on the room overage issue and I don't believe either of the other two board members, Tom and Sal, have received anything either. I apologize for the long post but I think it is important to lay out the details. I believe that these issues need to be fact-based and as non-emotional as possible despite the inflamed letters, emails, and rhetoric directed towards some room owners from Cary and management. I agree with Bob's post that for the Abbey to be successful there needs to be a fairness and transparency that this board (of Tom, Sal, and I) is working to achieving. Let me go through some points by category- Room Overage of $2300 per unit: Keep in mind that these room renovation agreements were distinctly between each room owner and the management company. The board had no authority to enter into this contract on behalf of the unit owners. Same will go for any discussions on the $2300 overage. Each unit holder must be individually respected and comfortable. This is a room owner commitment and your three elected board members (as individual room owners) all disagree with the idea that the $2300 overage is the room owners sole responsibility. 1. We need to determine what the agreement was between the room owners and management at the time that all 321 out of 321 room owners committed. I have taken the time to review my files and,

All, please note the next Rental Committee Meeting- as noticed by Savanah Smith at the Abbey. Unit Owner, Reminder that The Abbey Resort Rental Committee Meeting is scheduled for Saturday September 24th, 2022 at 9:00am. The meeting will be in person, however there will be an option to join the meeting virtually if you cannot attend. We do invite all owners to attend in person. For those who can’t attend in person, we will offer a virtual option to dial into the meeting. Because of the virtual option, it will be important to contact Savanah Smith at smith@... so she can email to you the information to attend the meeting virtually. To help keep the meeting organized and managed via the Teams Meeting platform, as well as ensure we address as many important questions as possible and do so within the time allotted, we have a plan to submit questions in advance. If you are attending virtual, please email Savanah your questions by Thursday, September 22th 12:00pm (CST). Thank you, Savanah Smith Group & Owner Coordinator The Abbey Resort & Avani Spa O (262) 275-9088 | F (262) 275-9066 smith@... www.theabbeyresort.com

Hello Everyone. Please see the attached Petition of Unit Owners. This was negotiated by a large room owner with the support of other room owners in their investment circle, of which I am one. We have approximately 80 rooms represented with signatures to date. We're hoping this accomplishes a couple of things. 1. No lawsuits. 2. Finding compromise on a fair deal. 3. Returning our relationship with management to a more cohesive state. This was never exclusive and couldn't be. It was intended to be sent to the board once we accumulated as many signatures as we could (organically) to illustrate our support for a resolution. It's my understanding the board would need to approve any deal. Please take some time to review the attached. If you agree with this proposal please sign and send back to me at vincemilito@.... I will then accumulate all the signed peitions and send to the board. The board is working hard on our behalf but it's diffcicult for them to know where the majority stands on a resolution and what the majoirty would find acceptable. However, if the board doesn't like this proposal but the majority of room owners do, we can then call a special meeting to vote on this. This seems to me the fairest way to have the wishes of the room owners met. Thank you. Warm regards, Vince Milito On Fri, Sep 9, 2022 at 9:18 AM Sal Picardi <spicardi@...> wrote: Thanks for sharing this “Petition to the board” that Cary has elected to send to certain owners but not others. 10 distinct and relevant points- 1. Management treating some owners better than others- It is deeply concerning that management is selecting some owners to make deals with and others to not. Management has a legal duty of good faith and fair dealings to all owners. Cutting separate deals, making certain side arrangements with some owners and not others would violate that legal obligation. We should all be concerned about this even if, in this case, you are one of the owners that management is treating differently. Next time it won’t be you. 2. Management has been FLOODED with millions in federal tax free grants while room owners have gotten ZERO. Since Covid started in 2020 Management has been flooded with immense amounts of federal tax free cash. In total it is over $3.6 million. Room owners received ZERO and suffered tremendously. In addition room owners have paid management well in excess of $10,000,000 in fees since Covid began. 3. After the room renovation program terms were negotiated and defined, your elected board endorsed it and 321 out of 321 room owners participated in management’s room renovation program. 100%!!!! Room owners entered into a clear agreement with management for a management proposed process to renovate 321 rooms for a price of $12,000 and a defined $490 contingency. The work was to be done in the off-season. After this board negotiated and then endorsed the terms of the deal (in writing and in meetings) all 321 out of 321 rooms participated. Everyone paid in full. Management failed to deliver the rooms in the off-season and now is trying to pass thru $738,000 of cost overruns on the backs of the room owners who paid the agreed amounts in full, who had no control of the cost overruns, and who received ZERO in federal bailout money from covid. 5. Per management, the elected room owner board was not in charge of the decisions or the process of the room renovation program. Management was crystal clear that this renovation decision and process was between the individual unit owners and management and that the residential board members could not make decisions on behalf of the room owners. 6. Management Controlled The Process- Management ran and controlled the entire build out process and wanted it to be totally controlled by them. They hired the designer, they hired the project managers, they hired the procurement company, they hired the general contractor, they selected who and where to purchase furniture and fixtures from, they controlled all change orders, they controlled the installation process, etc. Room owners had no control or participa

Did anyone who presented Cary with a cease & desist letter receive the petition?

All, the next board meeting is Tuesday, August 30th, 2022 at 7pm. If you would like to listen in, management is requiring you to reach out to Michael Lucero or Savanah Smith at the Abbey to get dial up information. lucero@... smith@...

The following email has been sent to Mr. Kerger Cary, On behalf of the unit owners, we, the board members representing the unit owners, are demanding the $240K from the Queen to King conversions currently being withheld be transferred to the unit owners account in its entirety. Those funds have been paid in full. The Management Company is in breach of paragraph 9a of the Association Management Agreement. This is your 30 day notice. This is not personal, it is just business.

Good Morning Everyone I wanted to see if there has been any further updates on the over budget renovation issue of $2300 per unit that the owners did not agree to. I saw another request for payment in this month’s statement. I am not willing to pay over and above for a budget the commercial side did not manage correctly. From: mfiascone@... Date: June 11, 2022 at 10:31:59 AM CDT To: [email protected] Subject: Re: [AbbeyResortOwners] Reminder of Saturday Meeting Reply-To: [email protected] ?All, first off thanks for the robust attendance (both in person and on the phone) for the meeting on Saturday, June 4th. For those that attended they saw how elevated the tensions were with Cary Kerger doing lots of yelling, screaming, and talking over people. Several of you have commented on your surprise about Cary's behavior. We thought it would be good to wait for a week to follow up to let the temperature come down after the meeting in which we found out that the $12,500 room improvement budget was now exceeded by $2300 or 18.4%. With inflation announced yesterday at a 40-year record of 8.6% year-over-year it seems surprising that our costs on the room are now up by 18.4% (more than double the rate of the extremely high inflation numbers). It should be noted to everyone that, while this board is trying to act as a source of support for this issue, the entire room renovation process is actually an agreement between the management company and the individual room owners. That will not stop us from trying to advocate towards a collective solution but you need to be aware that this board does not have the authority to make decisions on behalf of the collective room owners on issues of this nature. After communicating with many owners it is clear that no one is supporting the owners having to bear the financial burden for the entire $2300 of estimated overage. Many people have made some similar points: a. They feel that the proposal for $12,500 on the room improvements was presented as a "not to exceed" price. b. They feel that the items in the model room were to be included in the actual room renovation, subject to any minor modifications. This would include the PTAC (HVAC) unit cosmetic covers that were in the model rooms. c. They were never made aware by anyone (until the very recent late May 2022 letter from Management) that the minor changes to the room back in October resulted in significant price increases to the room renovation. They feel they should have been made aware and given options if the prices escalated from changes. d. They were not aware that a fluctuation of prices in fuel would change their agreed understanding of a $12,500 price for the renovation. As a board we have had, collectively, many dozens of hours of calls on this matter-- it has been taxing. So far, no resolution has been made. Management has insisted that this is the individual room owner's responsibility (the $2300 overage) and that they want to see part of it paid from the budget for the room owner homeowners association (HOA). As was outlined on the call, our HOA (which collects fees from room owners for very specific and legally defined purposes) has no additional funding set aside for individual cosmetic room improvements and, in fact, we have no legal authority to elect to pay for individual room cosmetic improvements outside what is explicitly provided for in the governing documents. Not only does our HOA have over $900,000 in debt from prior boards (due to the roof repairs and new room door locks) but we have tremendous up and coming improvements and repairs (balconies, parking lots, and many others). Most importantly if the board started using HOA funds for room improvements outside of our defined responsibilities, it would be a dangerous proposition as other boards might feel compelled to do the same thing in contradiction to the board's authority and the likelihood of a large increase in HOA dues / (defacto) special assessment would go way up. We already had to spend considerable unexpected amounts in this renovation (over

All, I was forwarded the lengthy response from Cary Kerger (see other posts from today). A few things. 1. The response has already been forwarded to Adam Bazelon (attorney) for his review. We will schedule a call with him this week. For what it is worth Cary did NOT send that response to several people that sent in a cease and desist notice. I have no idea why he sent that to some owners and not others. 2. In my experience on the board (now for 19 months), Cary has used similar language (at different times) with every board residential board member. Some of you have seen it or heard it in meetings. When he doesn’t get his way, he goes scorched earth. He often calls people nasty names and makes unruly accusations. That has simply been my personal experience during my time served on the board. I have been the recipient of his verbal attacks on several occasions and I have known him for 15 years and he personally asked me (repeatedly) to serve on the board. 3. The resort, according to management reports to the board every month, has many sold out nights. So much so that they cannot complete the renovation of the rooms due to them not wanting to displace guest stays. Would it make sense for them to take rooms out of circulation and tell the many Abbey brides that there are not enough rooms for their wedding?? Everyone that sent in a letter understands that it is Cary’s position that the overage on the rooms is not his problem and not his expense. The responses that I saw room owners send in were reasonable and elevated the need for further discussion before monies were simply withdrawn from room owner accounts. It doesn’t surprise me that Cary wants to elevate this to a monumental level and try to limit the number of owners that disagree with the room overage amounts. This is from the same man that for 15 years talks about how “everyone is joined at the hip” and “when the commercial thrives the residential thrives” and the commercial is the “head” and the residential is the “heart.” Lots of feel good talk but when a disagreement arises it is “my way or the highway.” Everyone needs to assess the situation pursuant to their own personal situations and make their own respected decisions. Frankly it is my belief that disagreeing room owners could have threatened to vacate the rental program immediately and hire a new manager to rent out the units. We didn’t do that despite it being a possible option. In my opinion we have been very fair and measured. You all can assess Cary’s behavior and email below to see if he has afforded the same fair and measured approach. All that said we have had Cary’s response sent to Adam Bazelon (a highly qualified attorney specializing in matters just like these) to give us his insight. We have a board meeting Tuesday night at 7pm. Feel free to attend your phone. We will report back with more information. Feel free to reach out anytime. We will respond quickly and to the best of our ability.

Marty, Tom & Sal, Below is the response I received from Cary regarding my cease & desist email. Perhaps the attorney (Adam Bazelon) that Marty, Sal & Tom have engaged in the past can address and guide us as to how to move forward as it appears that our hands are tied: Thank you for your email. Per your request, we will immediately stop the renovation work on your Unit and no further funds beyond what you had committed to pay will be expended from your account, except as provided below. Currently, carpet, paint, wall covering, television, and window treatments have all been installed in your Unit. Some smaller furnishings have also been installed including night stands, coffee tables, lamps, and queen lounge chairs (where applicable). The balance of the furnishings, including the platform bed(s), sleeper sofa (where applicable), combined entertainment/desk/bench unit, the in-room and bathroom mirrors, and the bathroom light fixture are in storage waiting for the occupancy levels at the resort to allow for the orderly installation of those remaining items. Please contact the resort to coordinate the payment and removal of your items from storage. Please be aware that if the storage company is not paid in a timely fashion the storage company could impose a lien upon, or otherwise dispose of, your furnishings in accordance with Wisconsin law. Your right to benefit from the Manager’s agreement to contribute $2,000 per Unit was conditioned upon the renovation of your Unit. To the extent you will not be completing your renovation, that contribution will not occur on your behalf, and you will remain liable for any portion of the renovation which has occurred to date in excess of what you have paid which would have been covered by that contribution. In response to your comments concerning the cost overruns, a major portion of the cost overrun related to modifications to the furnishing and window treatment specifications requested by the room owners at the annual meeting. It is not reasonable to assume you would get that upgrade without the additional cost. Those elevated specifications have increased the quality of your room which will help both your rental revenue and the market value of your unit. Additionally, the Association’s Residential Board members requested the removal of in room PTAC (the thru wall heat and air conditioning unit) covers which they felt were contributing to the buildup of mildew and a musty smell in the rooms. We were not definitively informed until earlier in 2022 that the residential Board members felt the covers were decorative and thus part of the contents of the room for which Unit Owners bear financial responsibility. We disagree with their analysis, and suggest that you direct your concern to the Residential Board members whose decision it was to have you pay for those items, as well as remedial wall repair, directly. The Manager believes that there are ample Association reserves intended to pay for those expenses which would relieve you from that portion of the cost overrun. The Manager did not make the decision to remove the PTAC covers, and has no financial responsibility for that cost. Finally, the increase in transportation and logistical costs were driven primarily by fuel prices which we have no control over. Fuel costs have risen in the vicinity of 50% over that period, far in excess of the overall rate of inflation. Upgrades to a quality specification and the added scope arising from the PTAC and wall related work have nothing to do with the rate of inflation that you cite. We respectfully disagree that the Board and Unit Owners were not informed of the increases. Finally, please be advised that upon completion of the renovation of the balance of the Units, your Unit will not be eligible for the rental program until its renovation has been completed to the standard of all renovated units as provided in the Rental Management Agreement. The purpose of this requirement is to ensure that Unit Owners who keep their Units up to a consistent standard are not adversely impacted by a negative gues

All, on behalf of your three elected board members (Tom, Sal, and myself) we would like to thank you for your support overall. The many calls and emails supporting our efforts over the past many months have been great. It has surprised me how many people have been looking for more information and have shared frustrations in various issues regarding out collective $30 million investment. For a long time I had heard (from Management) how happy and excited all the room owners were with their investment at the Abbey. Once Cary Kerger asked me and appointed me to the board in December of 2020 I found a different situation than what had been told to me for years. While I don't have the formal count, it seems like many dozens of rooms have either sent in notification disapproving of the overage amount payment requirements (i.e. Cease & Desist) or are in the process of doing so. As I mentioned, after much thought, I personally decided that I consider it a time sensitive and a logical thing to do. I believe that if you don't do it you will get monies withdrawn from your account in a matter of days. If you are going to send any notification to the management company (i.e. Cease and Desist) the emails to include would be Cary Kerger & Michael Lucero: cjkerger@... lucero@... We have our monthly board meeting this coming Tuesday, July 26th at 7pm. Management (Michael Lucero) has made it a requirement for room owners to reach out to Savanah Smith at the Abbey Resort for you to get dial up instructions. Feel free to do so if you wish to attend by phone. Savanah Smith email is: smith@... Finally, as you are aware, the 3 residential elected board members engaged legal counsel many months ago in order to assist in a review of the various legal agreements that the board / room owners and the ownership of the resort is governed by as well as to provide a source for various legal questions or issues that arise in the course of our activities. We try to be prudent in how we use this resource but have found it to be extremely helpful in navigating some complicated issues. Adam (the attorney) is now up to speed and familiar with the legal / governing contracts and documents and is ready to assist us in the various matters that arise. He is a resource for the three elected room owner board members now and can be a resource to people that take our seats in the future when we move on. We interviewed several candidates from pre-qualified candidates that we sourced. The person we selected is Adam Bazelon from a firm called vonBriesen. Adam is out of Milwaukee. His bio link is attached for your review but suffice it to say he is extremely qualified. Adam graduated from University of Michigan (undergrad) in 2003 and then Marquette Law School (cum laude) in 2007. He is a Shareholder of the firm and he serves as co-Chair of the Real Estate Group and Chair of the Community Association Law Section. He has a statewide practice representing Wisconsin homeowners associations and property owners with an emphasis in real estate litigation, construction law, covenant drafting and interpretation, and collections / foreclosure. Adam was recently named to the prestigious list of The Best Lawyers in America, Litigation-Real Estate (2022). Adam's bio link: https://www.vonbriesen.com/people/adam-s-bazelon The efforts that this board is putting in is to deal with the many issues on the table today but, more importantly, to try to leave the future boards extremely well positioned for the years ahead. In order to do this, we need ongoing room owner support-- room owner support for the board is the MOST IMPORTANT ELEMENT for a successful board in which we are the permanent minority position on the board with commercial having 4 seats and residential (hotel room owners) having 3. Thank you in advance for your ongoing support.