Advice needed - Trouble with using my owned deeded week Bluegreen Oasis Lakes Fountai

[ironfox]

Hello,

I'd like to ask for some advice. In 2011, I purchased from a reseller a fixed week, week 51, at Bluegreen Oasis Lakes Fountains in Orlando Florida.

Every years since my purchase, I traded my week in with an exchange company.

This year, I wanted to use my owned fixed week since I will be coming home for Christmas (I am overseas working away from my family and only get to see my wife and daughters every six months or so).

I tried to reserve my week 51, but was told by Bluegreen that I do not in fact own a fixed week, but I owned a "flex" week and they are all booked up.

I protested - I said I specifically purchased because it was a fixed week, at Christmas time. All the documentation I have says its a fixed week. I even have a resort confirmation that they acknowledge it is a fixed week. But their records show that it being a flex week and they will not budge.

I called several times. I asked for a supervisor - the representative said "I am the supervisor and there is nobody else you can talk to".

"May I have a written refusal" - reply "No sir, we don't do that"

May I have your full name? Sorry - we don't provide full names, I'm the only (first name) here.

May I have your employee ID number? We don't have that.

Unbelievable - but you can be sure when maintenance fees are due, these folks will collect.

So I did call an attorney and the attorney is drafting a letter; but I fear time is running out. I do plan to attempt to check in with my family and if they refuse me, plan on taking them to court.

I have the deed - it doesn't say fixed, nor does it says flex or floating - it says Unit XXXX, Week 51, Saturday check in. The documentation from the resale company (contract for purchase and the resort confirmation both show FIXED week and it says it - Bluegreen says they are not bound by that.)

I called the reseller that also confirms its week 51. They can't tell me what I ought to do to resolve this (several years have past)

Has anyone else ever experienced this?

What do you all recommend I do to resolve?

If they don't let me check in to the week I own, what recourse could I expect?

Thank you in advance for the advice

Jeff

 

[DeniseM]

Sometimes, with a fixed week, you have a deadline to confirm that you will be using your week. That appears to be the case here.

 

[ironfox]

Thank you for the reply, but that's not what they said - they said repeatedly that I owned a flex week and that despite having documentation to the contrary, they were not going to honor our check in.

 

[DeniseM]

Then I think having your attorney write them a letter, is probably your next step.

 

[Passepartout]

Thank you for the reply, but that's not what they said - they said repeatedly that I owned a flex week and that despite having documentation to the contrary, they were not going to honor our check in.

Even writing a letter won't help if there are no vacancies. They won't put someone out that is in the unit.

Good luck with this. It does appear that you hold a deed for a fixed unit during a fixed week, so this should be interesting. Please keep us informed.

Jim

 

[tschwa2]

What exchange company have you been using? Do you know if it was week 51 that has been deposited or another week? When you log onto Bluegreenvacations.com to pay your bill or check your reservation does it indicate a fixed week or a flex week?

 

[geekette]

You need to talk to Resort Title and confirm what you have. Note that deeds are held in trust.

It's rather foolish to plan to take your family for a reservation that you don't have. Not sure why you want to put everyone through that at Christmas unless it is to attempt to amp up the drama for a legal battle? Granted, probably you can find alternative lodging in Orlando but sounds like a big hassle.

I think it is premature to get a lawyer when probably this can be resolved peacefully with Bluegreen, but it's your dime. Keep escalating on up to vp of customer service. No reason to be angry with rank and file, they are just doing their jobs in accordance with what they see on the computer screen. Reservation folks cannot resolve ownership issues and I suspect you have been talking to the wrong people.

Good luck.

 

[ironfox]

thank you

Thank you for the replies.

tschwa2 : When I did log on to bluegreen, it doesn't indicate when I check my bill or for past reservations if it was fixed or flex.

geekette: My deed indicates that I own week 51 in that particular unit. I contacted the title company and the reseller, both confirmed I owned a fixed week.

I don't consider it foolish to attempt to use my week that I own. I have a deed to it. I'm going to attempt to check in. If I don't get to check in, that's right - I will expect compensation and if I have to go to court to get it, I will. I live a few hours away elsewhere in Florida, but I am coming home after being in the middle east for a long time. Haven't seen my wife or children in a long time. We're looking forward to our vacation.

No, I have the lawyer already and he agrees that they have an obligation to let me use my week. A letter from the law firm has already been sent. We're not backing down.

I indicated previously that the customer service agents WOULD NOT allow me to escalate to anyone. Here it is again:

Me: "May I please speak with a supervisor?"
Representative: "I am the supervisor and there is nobody else you can talk to".

Me: "May I have your full name"
Representative "Sorry - we don't provide full names, I'm the only (first name) here."

Me: "May I have your employee id number"
Representative: we don't have employee id numbers

Me: "May I have a written refusal that I cannot confirm checking into the week I own, the week all my documentation says is a fixed week ??"
Representative "No sir, we don't do that"

So, geekette, if you know someone who can help me peacefully resolve this, I'd be glad to try, but as you can see - I haven't had much success calling them - and I called about three times, spoke to three different reps, and had similar answers each time. Do you have the name and direct extension of the VP of customer service?

I was contact with owners services not the reservation people. They are not doing their jobs in my opinion when they refuse to transfer to someone who can help or otherwise not attempt resolve the situation.

Jeff

 

[ironfox]

I guess the question I really wanted to ask from you all - timeshare owners -

if you ever are denied using an owned week, what compensation would be appropriate ?

What would you ask for?

 

[GrayFal]

Advice needed - Trouble with using my owned deeded week Bluegreen Oasis Lakes...

It seems that when Bluegreen received your recorded deed it was entered incorrectly in their system as a flex week not a fixed week.
You should be able to get this straightened out for next year week 51 2016.

All Bluegreen owners (even those that are point owners thru the trust) can reserve their underlying deeded week from 13 to 11 month one day before check in.
After that it is released to anyone in the trust.

While you are trying to resolve this with Bluegreen Owner Services, I suggest you call and confirm reservation of your week 51 2016 (even though you don't feel you have to)
This will insure you have your week even if you decide to exchange later on.

I feel sad that you are going to drag your family to Orlando when you don't have a reservation ... Are these really the memories you want make with them for the short time you are visiting?

And please don't shoot the messenger. You came here looking for advice and members are expressing their opinions.

Keep us posted on your progress. I have always found Bluegreen a reputable company to deal with.


Sent from my iPhone using Tapatalk

 

[ironfox]

GrayFal: I suspect you are correct about the data entry error. The problem is that I cannot get beyond the vacation owner services representatives who simply won't look into the matter further. If the employees I am calling can't/won't fix the error and I can't speak to a supervisor to fix that error, what am I supposed to do? No, please - tell me. What am I supposed to do?

Booking for 2016 may be a good idea, but first we need to establish that I have a fixed week.

I feel sad too that my family and I have to deal with this. That is why I took the time to post. I have a hope that maybe, just maybe, someone knows someone that can help me, and I can check into the week I own, and I will be happy, and my wife will be happy, and my kids will be happy. In Arabic, they call that "Wasta" - connections. Or maybe someone went through a similar experience (hard to believe this is the very first time this has happened) who owns a week and they go to check in and are denied checking in - I'd like to hear what they did to resolve and what the ultimate outcome was.

As far as dragging my family to Orlando; if I am turned around, it's not my fault - it's blue greens fault - and they need to pay. Bad memories indeed and I pray that the courts will compensate me appropriately.

But I prefer simply to check into my unit - the unit I have a legal right and own. The property I've been paying annual maintenance fees since 2011.

I did come here looking for advice and I didn't shoot any messenger. I would say the same thing -why put me in the defensive position ? I'm the one who has been wronged and looking for solutions to fix it. I also believe I am a PAID member of this forum -been a subscriber for some time. I am a person who serves our country overseas. I don't deserve to be treated with disrespect - not bluegreen (which hasn't proved to be reputable at all to me) and not by replies that seem more argumentative than being sincere in trying to lend me a hand.

Thanks,

 

[Jason245]

Wait.. you own week 51, never enrolled it for points or anything and they won't let you use it? Sounds like a legal fight. . If you traded it In for points in any system then I would guess you are out of luck. .

I would start by asking them for the mailing address of their legal department and having your attorney send them a letter with a copy of the deed along with an afirmative statement of your intent to use that week on an annual basis and a demand that they give you a confirmation of your intent.

I would also request copies of all rules and bylaws and regulations for the resort in question so that you could be sure your reservations comply with them.

Sent from my SAMSUNG-SM-N910A using Tapatalk

 

[GrayFal]

GrayFal: I suspect you are correct about the data entry error. The problem is that I cannot get beyond the vacation owner services representatives who simply won't look into the matter further. If the employees I am calling can't/won't fix the error and I can't speak to a supervisor to fix that error, what am I supposed to do? No, please - tell me. What am I supposed to do?

Booking for 2016 may be a good idea, but first we need to establish that I have a fixed week.

I feel sad too that my family and I have to deal with this. That is why I took the time to post. I have a hope that maybe, just maybe, someone knows someone that can help me, and I can check into the week I own, and I will be happy, and my wife will be happy, and my kids will be happy. In Arabic, they call that "Wasta" - connections. Or maybe someone went through a similar experience (hard to believe this is the very first time this has happened) who owns a week and they go to check in and are denied checking in - I'd like to hear what they did to resolve and what the ultimate outcome was.

As far as dragging my family to Orlando; if I am turned around, it's not my fault - it's blue greens fault - and they need to pay. Bad memories indeed and I pray that the courts will compensate me appropriately.

But I prefer simply to check into my unit - the unit I have a legal right and own. The property I've been paying annual maintenance fees since 2011.

I did come here looking for advice and I didn't shoot any messenger. I would say the same thing -why put me in the defensive position ? I'm the one who has been wronged and looking for solutions to fix it. I also believe I am a PAID member of this forum -been a subscriber for some time. I am a person who serves our country overseas. I don't deserve to be treated with disrespect - not bluegreen (which hasn't proved to be reputable at all to me) and not by replies that seem more argumentative than being sincere in trying to lend me a hand.

Thanks,

Don't wait to establish whether you are indeed a fixed versus flex owner, once the date comes for flex owners to reserve week 51 it will be taken by someone else as this is usually a popular week.
And you will be out of luck even if it is established that you do own that week/unit.

And this will be my last comment because although you don't see your reply to me and to geekette as abrasive and confrontational, I see them that way.
It could be why you have not been successful with your contact with Bluegreen.

 

[ironfox]

Jason - thank you. I don't want a legal fight, but it's looking more that way.

GrayFal - the reason I purchased this was because it was a fixed week. Every document that I have says its a fixed week. So, I thank you, but I'm not going to reserve week 51 as a flex week when I own it outright as a fixed week.

I can't control how you see my comments as being "abrasive and confrontational".

Let's see - you said I was dragging my family implying I am doing some harm to my family creating bad memories. To me, you're saying I'm the one to blame. I simply do not agree and reject that premise. If they don't let me check into the unit and week I own, then believe I have legal recourse for damages. That's not helpful; and actually kind of hurtful.

Then you doubled down saying saying maybe that's why I haven't been successful with Bluegreen. I was nothing but professional with the representative. They weren't to me. I spoke three different times to three different people. I faxed them all the different documentation. Why do I have to go through all this? I pay the maintenance fees on time every year. But yet, I have to be nice and acquiesce to whatever error is on their system. And when I want to speak to a higher authority, they won't let me. So in their case - yeah - confrontational - for sure - I'm an owner and I want to use my property.

But thank you for making this your last comment because I think it is you, ma'am, that has been abrasive and confrontational.

Jeff

 

[tschwa2]

It also could be a clerical error when they indicated it was fixed. Looking a Pinnacle vacations (the official authorized BG resale site), I don't see any fixed weeks at Fountains. Even the non point weeks are all listed as floating/flex.

You didn't answer my question about what week was deposited with an exchange company the last 3 years. If it wasn't 51, then it also means that you have used a non week 51 (to deposit), for several years and it will make your legal position weaker IMO, but I am not a lawyer so what do I know.

Many timeshare systems have what is known as a fixed/float week which means that you still need to reserve your week by a certain date and if you do not then it becomes available to other owners just as other weeks become available for you.

 

[ironfox]

tschwa2: Thank you. If it's a clerical error, it's a really bad one. The deed, the contract for sale, the advertisement on ebay, and the resort confirmation all say I own week 51. The words 'fixed' are in both the contract for sale and the resort confirmation.

I contacted both the reseller I purchased it from back 2011 (they are really great - they did everything they could to help me out) and the title company - both say their records show fixed week.

As for the exchange company, I just checked - all the previous years, deposited week #51 and the unit number at Oasis Lakes at the Fountains (#4852).

The last part about fixed to flex, I hadn't seen any documentation. Nothing that I have says that. Bluegreen insisted I own a flex week, not a fixed week.

Regards,

Jeff

 

[csxjohn]

...As far as dragging my family to Orlando; if I am turned around, it's not my fault - it's blue greens fault - and they need to pay. Bad memories indeed and I pray that the courts will compensate me appropriately.

...,

I disagree. You know there is no reservation for you at the resort. By showing up you will just subject your family to disappointment. The desk clerk will tell you that you don't have a reservation.

That is not the place to pick this fight.

I know there are BG units that are fixed and do not need reservations. The ones I know of are at Boyne. I have not heard of others.

I own at Tropic Shores in Daytona Beach Shores and my deeds state that I own certain weeks in certain units. No mention of float or flex but I am not entitled to those weeks. The rules of the resort dictate which float period they fall in and I can reserve any week in that float period IF I am one of the first 20 owners calling in at the appropriate time to make the ressie.

I will quote from one of my warranty deeds. "Unit week number 52 in unit 1108, of Tropic Shores, a Condominium, according to the declaration of Condominium thereof, recorded in Official Records Book......in the public record of Volusia County, Florida."

As you can see it says I own a specific week in a specific unit. I can assure that this is not the case. When units were originally bought from the developer there were true fixed weeks but when they are sold they go into one of two float periods.

I suspect your ownership is similar.

I have written to re-sellers when they post a week there for sale and say it's a fixed week. They call the resort then change their ad.

There is a lady on FaceBook that runs a group and does have contact with corporate. If you contact her she may be able to find out exactly what you own and why you can't reserve it now. The group she runs is called Bluegreen Timeshare Secrets, her name is Sara. Please contact her, she is more than willing to help owners with problems.

You could also post this problem in that group and you may get some answers there.

 

[tschwa2]

I suggest you request a copy of Rules and Regulations of the Oasis Lakes Resort Association. It may be available when you log on. I don't know. Read it and check the reservations procedures. Resale owners don't get all of the documentation that retail owners get. Sometimes you need to do a lot of searching and ask a lot of questions and ask and ask again.

 

[ironfox]

CSXJohn - thanks very much for advice and for the facebook contact info for Sara. I just bought her book, joined the fb group, and sent her a message.

This is very helpful. Thank you.

 

[ironfox]

I suggest you request a copy of Rules and Regulations of the Oasis Lakes Resort Association. It may be available when you log on. I don't know. Read it and check the reservations procedures. Resale owners don't get all of the documentation that retail owners get. Sometimes you need to do a lot of searching and ask a lot of questions and ask and ask again.

Thank you. That's a good idea. I will ask them to send it to me.

 

[RALnGA]

When did you first try to reserve your week (date)...and for what week and year (2015 or 2016)...maybe you waited too late and others were able to grab it ...

RAL

 

[ironfox]

oh wow, so the saga continues...

I never did ask for the owner packet - never had one sent to me - and there is nothing on bluegreen online where I can download it.

So I called, got a friendly rep this time. I asked if they could send me the owners packet and terms and conditions (like reservation policy, etc)

He said they don't have it. He said that my purchase of the week at Oasis Lakes predates Bluegreen and they don't sell my kind of ownership anymore.

I asked again what I should do, and he asked me to take fax (again) all my documents and he said the finance team would take a look.

Back to square one - I think this is a legal problem. I wanted to avoid this and simply spend time with the wife/daughters before going back to the middle east. It's very unfair.

Thank you all very much. Apologies if I made some people upset with my questions - but I am so disappointed

 

[DeniseM]

ironfox - I completely understand your frustration, but showing up to the front desk without a reservation will be an exercise in futility.

A minimum wage front desk person cannot solve this issue - they will simply turn you away, and then you won't have a place to stay.

Orlando is one of the least expensive timeshares to rent. If you plan to go no matter what, you should have a back up reserved, because the chances of you getting to stay in your own unit are very slim.

*People do cancel their reservations. If you have the time to devote to it, or perhaps your spouse can help you, it would be worthwhile to keep checking every day, or several times a day, to see if something opens up for that week at your home resort.

I never did ask for the owner packet - never had one sent to me - and there is nothing on bluegreen online where I can download it.

Just so you know, it is rare for resale owners to receive this kind of info from any resort, not just Bluegreen.

*Just checked RCI - there is availability for week 51.

 

[bogey21]

When did you first try to reserve your week (date)...and for what week and year (2015 or 2016)...maybe you waited too late and others were able to grab it ...

Why should he have had to reserve his Week? He owns it. At one time I owned Fixed Unit/Fixed Weeks at 6 different HOA Controlled Resorts. Never once did I have to "reserve" anything. Sometimes I would call the Front Desk of the Resort to make sure that my Unit was in my name but I never had to "reserve" anything. I just showed up and used my Week. It was never a problem.

George

 

[ironfox]

Why should he have had to reserve his Week? He owns it. At one time I owned Fixed Unit/Fixed Weeks at 6 different HOA Controlled Resorts. Never once did I have to "reserve" anything. Sometimes I would call the Front Desk of the Resort to make sure that my Unit was in my name but I never had to "reserve" anything. I just showed up and used my Week. It was never a problem.

George

Thank you. I feel like this is against the consensus of the forum, but EXACTLY how I feel and what I believe too. I purchased this knowing it was week 51 - Christmas week. That is what made it so special.