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“deeded time to expire in 2030” re Vacation Village at Fantasy World. Was any owner informed about this when they purchased. We certainly were not.

nkross

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Vacation Village at Fantasy World
We were told how wonderful it was going to be to pass this ownership down to our children then their children. How can a deeded property be scheduled to expire? If so the “deeded property” language was created to deceive buyers. Nothing about this was ever disclosed/mentioned to us. I do not know time share law, but simple common sense shows that this ownership is a rip off scam. Tell me what you know please. Has any kind of legitimate class action suit been formed to address this situation? DO NOT CONTACT ME OFFERING LEGAL SERVICES.
 
where do you see this language?
 
Our Florida timeshare also had an expiry (called a sunset clause) of March 2023 when we bought in 1982 but we were aware of it as it was written in the paperwork we signed. Over a year before that date our timeshare started sending letters and emails out to owners to say there would be a vote by owners to see if we wanted the timeshare to remain a timeshare or cease and be sold. They said there needed to be an overwhelming majority for either decision. As it turned out there was a very overwhelming majority to keep it as a timeshare for the next (I cant remember exactly) decade or 2, or more. A sunset clause is a common thing with Florida timeshares and maybe in other states.


~Diane

Edited to add,
I found this old TUG thread on the subject. https://tugbbs.com/forums/threads/t...020-every-timeshare-owner-should-read.224998/
 
Many Florida timeshares have this sunset clause in the underlying resort CC&R documents. It was disclosed to you in those CC&R documents that govern the rules and operations of the property. Your deed will also have this date on it. Most owners are happy to see the sunset clause coming.
 
In a newsletter from VVFW and on-line when I searched for this info.
Thanks for all of the responses and links from several TUG members. In our case this sunset clause was never disclosed by our sales rep or the closer/sales manager. Whether it was clearly stated in the deed or CC&Rs, I do not know. After upending life and moving cross country, those documents may never resurface. One response said that in some cases the only acknowledgment of the sunset clause was some vague reference to supporting background sources behind CC&R law. When we purchased (if it should even be called that), we were persuaded that this TS would remain in the family indefinitely. There was vague mention that if Disney or whoever eventually was allowed to buy out the entire property, the proceeds would be divided appropriately among the owners. Fat chance? This purchase was more like a fairly short term lease. Our sales people clearly lied to us. This whole thing is very sad and horrendous business practice. Whoever cooked up the sunset clause should have specifically required clear disclosure to and sign off from buyers. BTW we absolutely love the resort and staff!
 
Most healthy- resorts with less than 8-10% defaults (and even some less than healthy HOA's) are usually pretty proactive in extending or eliminating the sunset clause. Usually sometime 3-5 years before (which sounds like the timeframe on yours), they bring it up and set everyone in a panic that they have to vote or you will lose everything, type of message. They do it this way because if they don't most people will not bother to vote. They don't give a balanced message in that for many resorts letting it sunset and selling and splitting the proceeds may be a better option for most owners. Older resorts have more maintenance issues and the MF's keep rising. Which in tern leads to defaults that the other owners have to cover and the MF's rise even more which leads to more defaults. If the MF's start to get in the $3000+ the resort isn't going to last and you still won't have anything to show for it. When you get into the MF's death spiral, the debts increase and there is less a chance that there will be any net profits. Disney isn't going to want to buy your resort, but maybe it could be sold to someone who wants to develop it for condos or wants the land to build something else. Planning ahead well in advance is the proper thing to do. To me a sunset clause is the one and only chance you can get out free and clear with only a simple majority. If you love your Orlando area timeshare so much, other than DVC you can get most resorts for free and maybe 5% (or less) will have a resale value in the $100-$1000 range. Your resort for example on the resale market has no resale value. If they vote to extend or eliminate the sunset clause, you probably could get a dozen more for just the closing costs.

How long ago did you buy? I think all Florida timeshares built between certain dates have sunset clauses and usually have the procedures in place to vote to extend it or eliminate it.
 
Thanks for all of the responses and links from several TUG members. In our case this sunset clause was never disclosed by our sales rep or the closer/sales manager. Whether it was clearly stated in the deed or CC&Rs, I do not know. After upending life and moving cross country, those documents may never resurface. One response said that in some cases the only acknowledgment of the sunset clause was some vague reference to supporting background sources behind CC&R law. When we purchased (if it should even be called that), we were persuaded that this TS would remain in the family indefinitely. There was vague mention that if Disney or whoever eventually was allowed to buy out the entire property, the proceeds would be divided appropriately among the owners. Fat chance? This purchase was more like a fairly short term lease. Our sales people clearly lied to us. This whole thing is very sad and horrendous business practice. Whoever cooked up the sunset clause should have specifically required clear disclosure to and sign off from buyers. BTW we absolutely love the resort and staff!

No need to panic or be upset. All owners get to vote to extend the existence of the resort or let it close. As have been pointed out, that is not a bad thing.
If the resort did shut down and there is value, then it would be sold and every owner gets a piece of the sale.
If you like it a lot, then likely so will the other owners. You guys will simply vote to extend it (or eliminate) and it will continue as a timeshare.
As some have already mentioned, I see the arrangement as a good thing for the owners. An opportunity to exit if the resort is not worth the maintenance fee. Or keep it if people really like it.
 
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It should also be noted that passing it on to your heirs may not be a good thing. The resort has $0 resale value. Literally $0. Its only value is in the usage and if the annual fees are increasing to rates that don't make financial sense compared to renting, then getting out via a sunset clause can be a good thing. Many see an older legacy timeshare as an albatross around their neck (a liability), not an asset.
 
The DVC timeshare resorts all have expiration dates even though they're deeded (the Cabins at Ft. Wilderness is the exception - it's in a trust, not deeded, but ownership there expires too). The land belongs to Disney and is leased to the condominium association until a specified date. So we have deeded ownership of a percentage of the building, but when the land lease expires, so does our ownership, and the building reverts to Disney to do with as they wish.
 
Most healthy- resorts with less than 8-10% defaults (and even some less than healthy HOA's) are usually pretty proactive in extending or eliminating the sunset clause. Usually sometime 3-5 years before (which sounds like the timeframe on yours), they bring it up and set everyone in a panic that they have to vote or you will lose everything, type of message. They do it this way because if they don't most people will not bother to vote. They don't give a balanced message in that for many resorts letting it sunset and selling and splitting the proceeds may be a better option for most owners. Older resorts have more maintenance issues and the MF's keep rising. Which in tern leads to defaults that the other owners have to cover and the MF's rise even more which leads to more defaults. If the MF's start to get in the $3000+ the resort isn't going to last and you still won't have anything to show for it. When you get into the MF's death spiral, the debts increase and there is less a chance that there will be any net profits. Disney isn't going to want to buy your resort, but maybe it could be sold to someone who wants to develop it for condos or wants the land to build something else. Planning ahead well in advance is the proper thing to do. To me a sunset clause is the one and only chance you can get out free and clear with only a simple majority. If you love your Orlando area timeshare so much, other than DVC you can get most resorts for free and maybe 5% (or less) will have a resale value in the $100-$1000 range. Your resort for example on the resale market has no resale value. If they vote to extend or eliminate the sunset clause, you probably could get a dozen more for just the closing costs.

How long ago did you buy? I think all Florida timeshares built between certain dates have sunset clauses and usually have the procedures in place to vote to extend it or eliminate it.
 
We purchase around seven years ago. Thanks for all the info! I had been concluding that this could be our penalty free opportunity to exit 2030. Great background info. Thanks again.
 
We purchase around seven years ago. Thanks for all the info! I had been concluding that this could be our penalty free opportunity to exit 2030. Great background info. Thanks again.
It will most likely be voted to continue as a timeshare for the property and you don't get to exit ownership of the property that way.
 
Let the deed contract expire. Please retain the paper work that the contract has expired and that you are not obligated to pay any more maintenance fees or Club Dues.

Then purchase a quality resale timeshare; with next year’s maintenance fees that you have saved from not paying MF’s at Vacation Village at Fantasy World. IMHO LOL
 
It should also be noted that passing it on to your heirs may not be a good thing. The resort has $0 resale value. Literally $0. Its only value is in the usage and if the annual fees are increasing to rates that don't make financial sense compared to renting, then getting out via a sunset clause can be a good thing. Many see an older legacy timeshare as an albatross around their neck (a liability), not an asset.
That is solid advice by dioxide45, do not pass on this timeshare to your children or grandchildren. IMHO.
 
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