Someone has to pay the maintenance fees for that mistake. You seem to be saying that because it is legal, it is OK for heirs to stick the remaining timeshare owners with the bill for the mistake, and the heirs can keep the change.
It is not fair to the heirs or the other timeshare owners when timeshare owners do not find a buyer so that their heirs or other owners are not stuck with the bill. I do not have the silver bullet answer. I do know someone who owned at a progressive timeshare that, when she could not vacation there due to medical reasons related to the altitude, the resort graciously offered to accept her deed-back with the payment of two years of maintenance fees. That seemed to be a fair solution for all parties. It gave the resort two years to resell the unit (no developer involved), and two years before the other owners would have to cover the mf if the unit did not sell in that timeframe.
Foreclosures, Viking Ships and disclaimed inheritances involve costs in addition to the delinquent maintenance fees. Too many HOA stupidly refuse to accept any deed-backs to offer their aging owners a dignified exit plan, so these owners have only foreclosure, Viking Ships or let-my-heirs-deal-with-it exit plans.
Is it just me, or does this sound exactly like the Viking Ship model; i.e., put the timeshare in an asset-less legal entity, then let it sink when the time comes? In the end, the other timeshare owners are stuck with the mf bill, just like with the Viking Ships.
Maybe this should be called the Viking Yacht model.
