Break away from Timeshare Florida

[daruma2000]

Hi All

I need some help
Back in 2005 I have purchased a timeshare in Florida and I have tried to use the services for a couple of year, paying the annual maintenance fee regularly. After a couple of years, I have decided to stop it as I was not using it anymore. I know that I should have probably tried to contact them and trying to cancel amicably, but instead I ceased the payments. I just could not afford any more and i was not using the service anymore as well.

I am located in UK.

After receiving few letters, they stopped contacting my until a couple of days ago. So from 2009 until now I have not heard from them

They have sent me an email offering me 2 options:


Option (1): To pay your account in full. Please contact The Owners Resolution Department at the number below to make arrangements for payment.


Option (2): If you are not able to utilize your timeshare due to medical, financial or other issues out of your control, we are asking you to contact us. We will bring your case to the Board of Directors for review with the possibility of deeding back the property to the association; as part of a settlement to prevent you and the other deeded owners from going to foreclosure. Please let it be noted that the Association is unable to move forward with this option if you have an outstanding or delinquent mortgage. Please reply to this by e-mail at xxxxxxxxxxxxxx or contact us to the number below.

---------------

Can anyone help me to understand how I can breakaway without pay anything?

I have just not been using the service and I just want to be left alone.

I would truly appreciate any suggestion

Kind regards

Roberto

 

[theo]

Back in 2005 I have purchased a timeshare in Florida and I have tried to use the services for a couple of year, paying the annual maintenance fee regularly. After a couple of years, I have decided to stop it as I was not using it anymore. I know that I should have probably tried to contact them and trying to cancel amicably, but instead I ceased the payments. I just could not afford any more and i was not using the service anymore as well.

I am located in UK.

After receiving few letters, they stopped contacting my until a couple of days ago. So from 2009 until now I have not heard from them

They have sent me an email offering me 2 options:


Option (1): To pay your account in full. Please contact The Owners Resolution Department at the number below to make arrangements for payment.


Option (2): If you are not able to utilize your timeshare due to medical, financial or other issues out of your control, we are asking you to contact us. We will bring your case to the Board of Directors for review with the possibility of deeding back the property to the association; as part of a settlement to prevent you and the other deeded owners from going to foreclosure. Please let it be noted that the Association is unable to move forward with this option if you have an outstanding or delinquent mortgage. Please reply to this by e-mail at xxxxxxxxxxxxxx or contact us to the number below.

---------------

Can anyone help me to understand how I can breakaway without pay anything?

I have just not been using the service and I just want to be left alone.

I would truly appreciate any suggestion

Kind regards

Roberto

It seems relatively clear that "option 2" is essentially offering the possibility of "deedback acceptance". Frankly, this is a highly unusual offer if / when an owner is already years behind on their maintenance fee obligations, as seems to be the case in your self-described situation.
However, if there is any outstanding loan balance on your original purchase, the HOA cannot help you, as they have very clearly stated.

Assuming you have no unpaid purchase loan balance, if in your shoes I would jump right on this potential "deedback" offer without hesitation.
Even if you have to pay a very small amount of money to cover the resort's out of pocket cost for Quit Claim deed preparation, international postage (to send you a QC deed for your signature and return) and subsequent recording of the QC deed, this is "an offer you can't refuse" --- and one I've frankly never seen extended before anywhere to owners who are multiple years behind in paying their maintenance fees.

The fact that you live in the UK works in your favor for potential "deedback acceptance" by a resort HOA in Florida, since the resort really has no collection leverage over you (and they certainly know that) and it would serve their best interests to get that non-performing ownership back under HOA control, in order to then be able to (without first having to foreclose) get it into the hands of a new, willing, fee-paying owner.
Don't delay. This very unusual "offer" frankly seems almost too good to be true and it could (and very well might) be retracted at any time.

 

[Ty1on]

It's a very smart move by that resort, because it saves foreclosure expenses.

 

[theo]

It's a very smart move by that resort, because it saves foreclosure expenses.

I don't disagree, but if I read the OP's post correctly he hasn't paid any maintenance fees for approximately 8 years now .

Whatever / wherever this unidentified Florida resort may be, its' BoD / HOA has clearly been "asleep at the wheel" to not have foreclosed long before now or, alternatively, to not have offered a "deedback" option years ago. That place (whatever / wherever it may be), has been "stiffed" on that ownership's maintenance fees for what is now approaching a decade, contributing to a financial strain on that resort's finances and also upon the other fees-paying owners. Such inattentive BoD / HOA negligence is completely irresponsible and simply inexcusable, IMnsHO.

 

[daruma2000]

Dear All. Thank you for your replies, truly appreciate. Yes is true as I have not been paying for 8 years, and frankly I only have used once in 2006. I purchased and paid in full the mortgage on the same day we were fooled by the sales-rep about timeshare benefits. totally my fault of course. But after realizing that this deal was not good for me, I have decided to stop. My main mistake was not to write the resort in search for an amicable solution. I did call them, but I should have written. Nevertheless, the option 2 is a good solution and will go with it. Even if I am in UK, I do travel to US nearly every year so I do not want any issue to arise in the future.

Once again, thank you for your responses

R

 

[BocaBoy]

Dear All. Thank you for your replies, truly appreciate. Yes is true as I have not been paying for 8 years, and frankly I only have used once in 2006.

Whether or not you have been using the timeshare is totally irrelevant to your ownership payment obligations. I frankly have little sympathy for your situation and you are very fortunate they are apparently offering you Option 2, which is almost too good to be true.

 

[BILBO]

Could you tell me who you contacted or who contacted you, please? Due to ill health, I have not used our weeks at HIVC for years either. I'm also from the U.K.
I have continued to pay the Maintenance Fees but can no longer. I'm wondering if they would offer me this quit claim??

 

[theo]

Could you tell me who you contacted or who contacted you, please? Due to ill health, I have not used our weeks at HIVC for years either. I'm also from the U.K.
I have continued to pay the Maintenance Fees but can no longer. I'm wondering if they would offer me this quit claim??

OP in this thread never actually identified where / what he owned for timeshare(s). Accordingly, unless it also was HIVC (where you apparently own), whoever he may have dealt with is really of no relevance or assistance in your particular situation at a very different resort facility.

I respectfully suggest that you initiate direct contact with the HOA at your specific resort, since only the HOA at your specific resort can make a decision regarding acceptance of a "deedback". More specifically, I'd suggest mailing a letter directly to the HOA President at your particular resort. You might find his / her address in a resort newsletter. If not, send an email inquiry to the resort itself, requesting the address or specific means by which you can contact the HOA President directly, in writing. It's probably best to completely avoid the subject of "deedback" in that initial email inquiry to the resort, since it will be fielded by someone having no authority at all to speak to that topic in the first place. All you want from that initial email inquiry is current and accurate contact info for the HOA President.

Good luck.