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OCEAN CITY MD , Oceantime Non Compliant ADA Service Animal

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gumbow719

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My last post about this was a year ago when Paradise Realty the management company charged myself and I am sure others with a Disability Service Animals a pet cleaning fee that is not allowed under ADA guidelines. In this past year , management has refused to understand the law and continues to charge a pet cleaning fee.My investigation into other timeshares in OC is ongoing pending my ADA and State filings. I can report that so far ALL of the timeshares that I have contacted to date in OC are compliant in NOT charging any fees, inclusive of pet cleaning fees for a Service Animal..they are somewhat hazy at times on what they can and can not require but are compliant for the most part. Paradise also manages Lighthouse Point Villas and Marlin Cove - Blue Marlin, also Charging pet cleaning fees for Service Animals..even states on their websites..an ADA violation
I might add we have stayed at other timeshares totally 4 in the last year and have Never paid any fees for my Service Animal..They all recognized the ADA guidelines...
MY advice if you have a disability and a Service Dog, call the timeshare ahead and ask the question, "what is your policy concerning Service Animals and are you charging any fees" if they are charging report them to ADA..in the long run with the money they will spend to fight ADA in a losing cause, would have been cheaper to comply with the law.. I hate to turn OC topsy turvy with the ADA, State and Local violations, JUST COMPLY!!
 

dioxide45

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I see this thread going down a rabbit hole...
 

gumbow719

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Somebody has to pay to de flea the unit!
Not according to the law...it is not legally a dog it is a Service Animal with specifically trained functions for it's owner..not a pet thus not subject to any fees per ADA..My suits will cost aforementioned timeshares and their owners thousands of dollars to defend and ultimately loose, the penalties will deplete their reserves..so warn the timeshares you own, if they charge fees, someone will file...
 

dioxide45

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Wait for my ADA-DOJ AND STATE COMPLAINTS TO BE FILED..It will be a very costly rabbit hole for the timeshares in violation
I guess I made that comment because someone will come along and mention that not all animals that people claim to be "emotional support" animals fall under ADA, then all heck will break loose.
 

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Pets or service animals , dogs have fleas. Which will bite the next inhabitants.
 

gumbow719

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Give it up..IT IS THE LAW ! It is the establishment's choice to clean it BUT can not charge for it
Oops for got to mention in my post..Paradise charges 125 pet cleaning fee but you never see the cleaning of the unit thoroughly by a separate company after they charge for it. So they are possibly charging but not really cleaning, a great slush fund !!!
 

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Heading to Oceatime and Paradise Management this Fri Aug 2nd..will hope against hope that Management has decided to abide by ADA law and not charge a fee for Serive Animals..we'll see...next stop if charged is US Dept of Justice ADA complaint against any/ all accommodations in Ocean City, Md violating the Law..stay tuned..
 
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gumbow719

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Heading to Oceatime and Paradise Management this Fri Aug 2nd..will hope against hope that Management has decided to abide by ADA law and not charge a fee for Serive Animals..we'll see...next stop if charged is US Dept of Justice ADA complaint against any/ all accommodations in Ocean City, Md violating the Law..stay tuned..
Well was charged 125 for pet cleaning fee not allowed for Service Animal under ADA Law..Filed complaint with ADA today..Let the game begin,sadly it will cost Oceantime for non compliance ...will keep everyone posted as case progresses...
 

escanoe

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So if you tell them what the federal law is and probably show them a fact sheet, why are they so hard headed or think something makes them above complying with the law? I’ll bet you have left nice online reviews for them too. So short sighted on their part.
 

escanoe

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@gumbow719, just saw your review on Trip Advisor. You were more kind than I expected with your rating. As a relative newcomer to timesharing, I had intended to use some of my points for beach trips to Delmarva/Ocean City. But every time I start planning, it looks like I have better resorts and availability in VA beach. Mind if I ask what you like more about OC — if that is the case? Less urbanized area around it? I will eventually have a timeshare experience somewhere in the area just to satisfy my curiosity.
 

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Among the problems you're likely to face here is this: our justice system is neither swift or predictable.
 

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@gumbow719, just saw your review on Trip Advisor. You were more kind than I expected with your rating. As a relative newcomer to timesharing, I had intended to use some of my points for beach trips to Delmarva/Ocean City. But every time I start planning, it looks like I have better resorts and availability in VA beach. Mind if I ask what you like more about OC — if that is the case? Less urbanized area around it? I will eventually have a timeshare experience somewhere in the area just to satisfy my curiosity.
Hello, Oceantime is a very clean 2bdrm beachy resort only 200 feet from the beach..it is on 136th street, the quiet end of OC..Ocean City is great because you can ride the bus for $3 all day, off n on if you wish. Over 55 get senior pass ,ride 1.50 a day at OC Vistor center in park at 125th street, bayside..It runs up n down coastal highway to the boardwalk n back again. Park your car n leave it parked for a week. Very conjested in summer, best times spring n fall after labor day. Lots of good restaurants reasonable..plenty to do..here is official website www.ococean.com..Ocean City schedule slot of events during the year..lots of fireworks too. Nights may get a little crazy on the boardwalk in summer,many people, check live web CAMS on ocean city..
www.oceancitylive.com..take care, I hope I answered your questions, oh, lots of golf courses nearby. Be well, Bill
 

pedro47

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gumbow719, Thanks You for mini review of the Oceantime Resort, it sounds nice.

I also just read your TripAdvisor review of your stay at that resort.
 
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rainbows1957

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Hi, Gumbow719--Could you copy and paste the part of the ADA law regarding this subject? Since Ocean Time are timeshare condos that are owned by individuals, not a hotel, do you think that could be why they think the rules don't apply?
 

gumbow719

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It applies because we have stayed at other timeshares and have handled it correctly without charging any pet cleaning fees, a Service Animal by definition is not a pet but provides a Service, so no pet fees of any kind applies..By Law they cannot ask for any documentation, they can only ask 2 questions of the Service Animal owner, 1. Do you have a disability? Answer yes or no, 2. What Service or services is your Animal trained to perform?? Due to Pivacy of Information Laws that is it.....just Google ADA Laws regarding Service Animals..hope this helps..Oceantime is looking at possibility of some hefty fees from the DOJ ADA, all this because they have their heads in the sand..no pun intended..owe as to it is owned by individuals, timeshares rent units to non owners so it is a " hotel "
 

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All timeshares are not the same.
ADA does not apply everywhere.
 

gumbow719

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All timeshares are not the same.
ADA does not apply everywhere.
Agree to disagree..I always call ahead and have never been charged any pet fees from all the timeshares we have traded into, including our own timeshares...I will post the ADA results and how much the "timeshare" has been sanctioned. Stay tuned !!!
 

rainbows1957

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It applies because we have stayed at other timeshares and have handled it correctly without charging any pet cleaning fees, a Service Animal by definition is not a pet but provides a Service, so no pet fees of any kind applies..By Law they cannot ask for any documentation, they can only ask 2 questions of the Service Animal owner, 1. Do you have a disability? Answer yes or no, 2. What Service or services is your Animal trained to perform?? Due to Pivacy of Information Laws that is it.....just Google ADA Laws regarding Service Animals..hope this helps..Oceantime is looking at possibility of some hefty fees from the DOJ ADA, all this because they have their heads in the sand..no pun intended..owe as to it is owned by individuals, timeshares rent units to non owners so it is a " hotel "

Thanks for the info. I guess what I mostly was asking--what is the legal definition of "hotel" and if timeshares that are privately owned condo weeks would fall under the definition of "hotel"? Have you seen ADA guidelines on this? If so, can you copy and paste in here? I really like Ocean Time and I would like to know what the actual law/guidelines say. What reason do they give for disputing your request?
 

bbodb1

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Agree to disagree..I always call ahead and have never been charged any pet fees from all the timeshares we have traded into, including our own timeshares...I will post the ADA results and how much the "timeshare" has been sanctioned. Stay tuned !!!

@gumbow719 - Since you've peaked my curiosity on this subject, I came across this page: https://www.ada.gov/regs2010/factsheets/title3_factsheet.html

Might Summary item 9 apply?

@rainbows1957 - please see this as well..
 

rainbows1957

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That 2010 Highlights Factsheet you linked is rather vague and I would rather see the actual regulation but I couldn't find it. In my view, Ocean Time does not "operate like a hotel". Everyone owns their timeshare week like real property and pays real estate tax. Some choose to rent their week out or trade their week through RCI, but I don't see that as operating like a hotel.
"Timeshares, Condominium Hotels, and Other Places of Lodging. The rule provides that timeshare and condominium properties that operate like hotels are subject to title III. The rule also provides guidance about the factors that must be present for a facility that is not an inn, motel, or hotel to qualify as a place of lodging. The final rule limits obligations for units that are not owned or substantially controlled by a public accommodation that operates a place of lodging."
 

gumbow719

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That 2010 Highlights Factsheet you linked is rather vague and I would rather see the actual regulation but I couldn't find it. In my view, Ocean Time does not "operate like a hotel". Everyone owns their timeshare week like real property and pays real estate tax. Some choose to rent their week out or trade their week through RCI, but I don't see that as operating like a hotel.
"Timeshares, Condominium Hotels, and Other Places of Lodging. The rule provides that timeshare and condominium properties that operate like hotels are subject to title III. The rule also provides guidance about the factors that must be present for a facility that is not an inn, motel, or hotel to qualify as a place of lodging. The final rule limits obligations for units that are not owned or substantially controlled by a public accommodation that operates a place of lodging."

Just a Funny thing every and I mean every timeshare we have stayed at were and are aware of ADA guidelines regarding bonafide, trained Service Animals..Any RCI resort states in their fees section, "contact the resort regarding ADA pet policy..Everyone we have contacted accepted our Service Animal and when questioned and agreed by law, they could not charge any fees for the Service Animal....So the masses do not charge any fees....those that violate the law, will probably someday face a rather large fee for non compliance. You mentioned timeshare owners rent their week out, that is the keyword "rent"...the ADA also applies to homeaway, vrbo and Airbnb..
 

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I really don't think someone renting a timeshare week makes them equivalent to a "hotel" (public accommodation) under ADA. If you come across the ACTUAL ADA law/guidelines, please share. Did you know that Ocean Time only allows owners to bring a dog normally, not renters or RCI traders? Are you an Ocean Time owner, or did they accommodate your service animal? As an owner at Ocean Time, I want the management company to follow the law, but you haven't convinced me yet that they are in violation of anything for our timeshare situation.
 
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