Right now, none of the votes to terminate have been done. None of the votes I've seen indicate a plan to terminate the timeshare regime. According to everything I've seen, they still have to follow state mandated requirements to collapse the condo/timeshare regime. Until that's done, they can't sell the properties free and clear. That may not require dealing with each owner individually, but would still require them to follow the condo declaration requirements which may require some sort of supermajority vote. I suspect this is why Wyndham is offering the CWA swap. In addition to the FairShare trust replacement requirement, it will allow them to take control of more deeds. With maintenance fees suspended starting in 2026, there would no cost of Wyndham or the HOA taking on the ownership other than deed recording fees and labor which they bill back to the HOA anyway. It might be enough to get them the votes needed to control the super majority vote.
If we look at the case of Westgate and the condo in Orlando that they damaged but left in place when they were expanding Westgate Lakes. There is certainly a reason they didn't demolish a condo they didn't have fully own. The situation may be different as the HOA there didn't file Chapter 11, but Chapter 11 of the HOA can't wipe out an owners deeded real property ownership. Perhaps it can force the sale of other common elements and other assets owned by the HOA to pay creditors. Though I think even common elements may not be able to be sold free and clear as timeshare deeds may convey a small percentage of common elements to the deeded owner.
@Floridaman76 raised the
same question back in early September and I questioned it then along with some other people guessing as to what could or couldn't be done through the Chapter 11 plan. We are here still almost a month later wondering the same thing, thinking that these bankruptcy proceedings are the end game to sell the real estate. Perhaps it is just the begining.