# (Fixed) Week taken from me



## Dwayne1m (Jul 24, 2016)

I own a fixed deeded week in Virginia Beach. It is paid in full and maintenance fee was paid on time. Because I did not confirm my usage prior to 14 days before check-in my week was taken from me. How can anyone take from me a property that I have a deed for and all fees are paid in full?


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## tschwa2 (Jul 24, 2016)

Number one, I would call and confirm your 2017 usage either now or as soon as you pay the MF if that is the requirement.

Two I would question the source of this requirement.  It may have always been a part of the original CC&R's and the contract from when you purchased but Gold Crown may never have enforced it.  Apparently DRI is enforcing it. If that is the case you may just be screwed for 2016 but never let it happen again.

  If it is something that DRI slipped in as a requirement without any change, I would think minimum from the Board of the HOA, then I would try to fight it.  I would ask for my MF back for the year and/or any fees they collected when renting it out.  You may want to look into filing a claim in Virginia's small claims court.

You would need to find out the source of the rule, when it was implemented, and how it was communicated to the owners.  

There are other resorts, that have these types of rules even for fixed weeks and fixed weeks/fixed units.  If you don't want it happening again, just make sure you tell them every year, you will be using your unit.


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## Dwayne1m (Jul 24, 2016)

To me whether it is in their "rules" or not, it is a deeded property. I paid for that property. I  own that room for that week. I don't see how it is any different then if you rent an apartment and have it paid in full, then they turn around and rent it out to someone else and keep your rent money. DRI does not offer refunds.  I just don't get it. What exactly did the thousands that I spent for this timeshare get me? :annoyed: If DRI can do this what else can they do? Maybe the deed to this property isn't worth the paper that it's written on.


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## tschwa2 (Jul 24, 2016)

But if it were a part of the original contract, you agreed to that.  Also the HOA as your elected board has the right to modify certain aspects of your deeded rights.  I don't know if this would be one of them.

Their answer is to your question is you paid that money to have exclusive rights to that week as long as you confirm your usage each year per the "rules"

There are lots of rules that modify your deeded rights.  Rules tell you what time your usage starts each year, why not midnight to midnight or noon to noon.  Other rules may relate occupancy.  If it is your 900 sq ft., why can't you have 12 sleeping on the floor.  If it is your week, how can they require you to show photo ID and a credit card when you arrive in?  Some are written in the rules from the original documents.  Other rules are created by the board to run the resort. Some might be due to local ordinances or other laws.  I don't think management can unilaterally modify those rights but when you don't have an independently elected board and the management controls the board they can dictate to board what they would like to happen.

Find the source of the "rule."  You can fight the rule.  I think the hardest to win would be if the rule was part of the original rules and requirements but you might have a case if they were not enforced for years.

If the source of the rule was the HOA you would have to argue that they have no right to make that rule.  I know other resorts have that requirement but I don't know about legal precedent.  

If the source of the rule is DRI and it was never brought before the board or changed on a resort level, you probably have the best chance at winning but it would probably take legal action on your part be it with a lawyer at your expense or through small claims.


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## Egret1986 (Jul 24, 2016)

*It is a ridiculous requirement.  I never thought it was fair either.*



Dwayne1m said:


> To me whether it is in their "rules" or not, it is a deeded property. I paid for that property. I  own that room for that week. I don't see how it is any different then if you rent an apartment and have it paid in full, then they turn around and rent it out to someone else and keep your rent money. DRI does not offer refunds.  I just don't get it. What exactly did the thousands that I spent for this timeshare get me? :annoyed: If DRI can do this what else can they do? Maybe the deed to this property isn't worth the paper that it's written on.



This wasn't slipped in by DRI once they acquired the Gold Key Resorts.

You will find it somewhere in fine print in your documents that you signed and agreed to when you purchased your timeshare.

I have read many bad reviews from others that lost their weeks also because they failed to submit their usage.  I don't like having to submit owner usage for a deeded fixed week that I own when I've paid my maintenance fee.  However, that doesn't matter.  It is a requirement.  You should have received an email notification that the usage deadline was approaching.  I own several of the former Gold Key Resorts in VA Beach.  I got it for a couple of the weeks, but didn't get it for the others.  

As suggested, I would submit usage for 2017 at the same time that you pay the 2017 maintenance fee.  

The usage rule is you should submit usage prior to 60 days from check-in.  From 59 days to-15 days prior to check-in, there is a $35 fee to submit or change usage.  At 14 days, you lose usage.

I am so sorry that you lost your week.  It's a ridiculous requirement, but they don't bend on this.  These were the requirements by GKR and apparently these same rules for the former GKR resorts have been adopted by DRI.


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## Dwayne1m (Jul 24, 2016)

I never received any kind of notification about the 14 day rule approaching. I'm sure they are happy to keep that hush hush so they can rent it out and get double the money. 

I was  aware of the $35 fine for a "late confirmation". I was willing to pay that because I WAS taking my buddy down there who is fighting cancer and it took him longer then anticipated to get all his affairs in order to free up a few days to be able to go there with me. DRI couldn't care less what my reasons were for not being able to fulfill my confirmation on time. They were pretty cold and were not understanding at all which only added fuel to the fire for me. 

I've never dealt with any business that puts you on hold for such a long period of time as DRI,  gives you the "run around", and often interrupts when being spoken to. I am not a fan of DRI. I owned at Parkway International and sold that and was elated that I didn't have to deal with DRI anymore, but don't they then go and buy Gold Key.


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## Passepartout (Jul 24, 2016)

I can offer nothing but commiseration. I feel for you. I don't think what DRI did was fair, and they should be brought to task, but if the 'rule' to reserve, or lock-in your deeded week's use before 14 days before move-in is the rule, so be it.

I ALWAYS call/email the resort I'm going to whether I own the week, am exchanging in or renting. No matter where or under what circumstances. I just want to make sure I have a confirmation # if necessary, or have asked for a better room if I can or just to set my mind at ease that I won't be cruising the area for a 'Vacancy' sign outside a Motel 6 if I'm turned away.

Sorry it happened to you, but make it a lesson learned the had way. Hope they make some kind of restitution to you- even though it doesn't seem likely.

Jim


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## silentg (Jul 24, 2016)

Dwayne1m said:


> I own a fixed deeded week in Virginia Beach. It is paid in full and maintenance fee was paid on time. Because I did not confirm my usage prior to 14 days before check-in my week was taken from me. How can anyone take from me a property that I have a deed for and all fees are paid in full?



Did they contact you? Usually when I pay my maintenence fees, I will tell the resort if I am going to stay or deposit my week. Even for hotels, I make sure my confirmation is still on their books. My recent timeshare stay, I called to see if they had my confirmation , they called me back the next day because the person I spoke with wasn't sure. I always check ahead. Sorry this happened. Did they offer you another week?
Silentg


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## bogey21 (Jul 24, 2016)

This tale validates my decision to buy Fixed Weeks at only Independent HOA Controlled Resorts back when I was active in TimeSharing.  I owned at 6 different such Resorts and *never once* had to confirm anything.  I would just show up and my Unit was there waiting for me.  The operative word is *never*!

George


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## tschwa2 (Jul 24, 2016)

bogey21 said:


> This tale validates my decision to buy Fixed Weeks at only Independent HOA Controlled Resorts back when I was active in TimeSharing.  I owned at 6 different such Resorts and *never once* had to confirm anything.  I would just show up and my Unit was there waiting for me.  The operative word is *never*!
> 
> George



And they might tell you that you did not confirm so you forfeited the week. 

 I own at one independent resort that requires you to confirm at least 14 days in advance.  As long as they have an unrented unit, if you show they will give you that unit.  If they could rent the unit the management company takes a 6% commission and the remaining amount from the rental goes to cover the association weeks that don't rent at all or enough nights  to cover MF's for the entire week or for other non performing owner weeks.  Instead of the performing owners covering the 20%+ (almost exclusively winter weeks in a mid Atlantic beach resort) the unconfirmed in season and shoulder rentals help defray some of those expenses.  Owners get the big neon pink card to mail back with their MF's (they charge extra if you pay by CC).  If the resort hadn't been notified by 60 days, they will send another mailing and then finally call.  

The independent board decided it was in the best interest of he owners to rent out weeks that they can at a level that would at least cover MF's in the winter and would make a small profit during the shoulder seasons and a greater amount in season.  One in season rental covers almost 3 non performing weeks.  If you confirm your usage, they will not rent out your time even if you never show up.  This particular resort will also go after non performing owners quite relentlessly.  The good news is, that it isn't a bad resort and the MF's even with the non performers is just a hair over $400 for a 2 br unit when most other similarly sized TS units in the area have MF's in the $600-$900 range with similar quality amenities due to covering the high level of seasonal defaults and association owned weeks. 

It isn't always the greedy developer/management company.  It can also take place at independent resorts doing whatever they have to do to keep down the costs for the rest of the owners.


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## T_R_Oglodyte (Jul 25, 2016)

At Winners Circle (entirely fixed deeded weeks) if you don't check in by Monday, they put the remainder of you usage into the rental pool.


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## Egret1986 (Jul 25, 2016)

*DRI is very corporate compared to GKR.  It's been a brick upside the head.*



Dwayne1m said:


> I never received any kind of notification about the 14 day rule approaching. I'm sure they are happy to keep that hush hush so they can rent it out and get double the money.
> 
> I was  aware of the $35 fine for a "late confirmation". I was willing to pay that because I WAS taking my buddy down there who is fighting cancer and it took him longer then anticipated to get all his affairs in order to free up a few days to be able to go there with me. DRI couldn't care less what my reasons were for not being able to fulfill my confirmation on time. They were pretty cold and were not understanding at all which only added fuel to the fire for me.
> 
> I've never dealt with any business that puts you on hold for such a long period of time as DRI,  gives you the "run around", and often interrupts when being spoken to. I am not a fan of DRI. I owned at Parkway International and sold that and was elated that I didn't have to deal with DRI anymore, but don't they then go and buy Gold Key.




I am not a fan of DRI, either.  It's not one thing, it's most everything that they do and represent.  DRI has prompted me to take a new approach and direction in timeshare ownership.


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## bogey21 (Jul 25, 2016)

tschwa2 said:


> And they might tell you that you did not confirm so you forfeited the week.



I don't doubt that it could happen but it  never happened to me.  Roughly 6 different Resorts over a 7-8 year period.  Only time I ever confirmed was when I would be showing up after the scheduled check-in day.  All 6 Resorts always had *my specific Unit* available for me when I showed up.

George


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## bjones9942 (Jul 25, 2016)

I have to confirm my two non-DRI fixed weeks.  Isn't a big deal - I just email them and tell them I'm coming.  I do it once when I pay the maintenance fees and again a couple of weeks before my week begins.

If I'd never had to do it, never did do it, and then suddenly they took my week - I'd be hopping mad.  I'd wait till I'd calmed down and then I'd call the main office and work my way up the lackey-ladder until someone gave me a comparable week to replace it.  Then I'd make darned sure I confirmed every year after that.


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## Dwayne1m (Jul 26, 2016)

I finally got to talk to someone polite, knowledgeable and helpful associated with DRI after being a hold for about 25 minutes. I really think DRI puts people on hold for long periods of time to discourage people from calling them. DRI gave me another week to replace mine that they took from me, but they sure made it seem that they were doing me a HUGE favor in doing so. The week they gave me is not during the prime season so I'm sure there is an abundance of open weeks then. They said they will do this for me one time only. Oh how nice of them. :annoyed:  I feel forever indebted to DRI now. 

On a side note I did ask for contact info on how to get ahold of the Owners Association. I was told that the Owners Association is part of DRI. Yep, the fox watching the hen house. I saw that going nowhere and I was correct. I sent them a very respectful email a few days ago but got no response. No surprise there. Why would those being paid by DRI do something detrimental to DRI? Um, not gonna happen. So the bottom line is that I have to confirm when I pay my maintenance fee in January. That just kinda puts me in a bind in case I try to rent it out, trade it, or deposit my week.  Lesson learned. I hope I never have to call DRI again and while on hold listen to their pitchman say "Stay Vahcationed". That guy is very annoying.


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## DeniseM (Jul 26, 2016)

Dwayne1m said:


> So the bottom line is that I have to confirm when I pay my maintenance fee in January. That just kinda puts me in a bind in case I try to rent it out, trade it, or deposit my week.  Lesson learned.



In most cases, you can pay your maintenance fee early, in a situation like this - you may want to ask them about that.


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## bjones9942 (Jul 27, 2016)

Dwayne1M - 

I know with my non-DRI weeks I don't have to tell them what I'm doing with my week(s), just that they'll be used.  That way they don't move them to the open inventory to rent.  My resorts just want to know that the weeks are going to be used or not, not who or how they'll be used.  Since I don't trade or deposit, it's been me using them - but this year there was a possibility that I wouldn't be able to make it and I emailed permission for my guest to check in alone a week before check-in.

Hopefully DRI isn't so nit-picky that they need to know all the minutia.  I'd think a 'here's my maintenance fee ... please note I WILL be using my week', and a followup a few weeks before check-in, would suffice.

Congratulations on getting a replacement week, even if it's not the ideal week!


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## Bill4728 (Jul 28, 2016)

Dwayne1m said:


> So the bottom line is that I have to confirm when I pay my maintenance fee in January. That just kinda puts me in a bind in case I try to rent it out, trade it, or deposit my week.



Why would telling them you'll be using your week put you in any kind of bind?? 

If you reserve your week, you can still use it yourself or rent it yourself without issue.  If you want to deposit it, You should reserve it as soon as possible and you should  deposit it as early as you can to get the best trading power.  

Good Luck


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## Passepartout (Jul 28, 2016)

Dwayne1m said:


> To me whether it is in their "rules" or not, it is a deeded property. I paid for that property. I  own that room for that week.



Well, you own your car. But you have to tell then state where you live that you are going to drive it- and put licenses on it so that various authorities know that you've paid for the privilege. You have to also strike a deal with your insurance carrier so that you are protecting others while you are out in YOUR car.

Seems to me that calling/emailing your resort to tell them you are going to be there to use your week is a small price to pay for them to not rent it to someone willing to pay to show up on short notice.

That's my 2 cents worth. Take it or leave it.

Jim


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