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Any news on Foxrun?

theo

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There are more questions than answers right now. I got the impression that there would be a vote at some point but it was not imminent. I think the sunset date is still a few years off.

IMnsHO, it's always wise and prudent for a timeshare HOA / BoD to address and resolve CC&R "sunset" details a few years in advance of the CC&R "sunset" year.

The termination language in the CC&R's likely identifies a very specific minimum voting percentage requirement for a decision (either continuation or termination as a timeshare, depending on how worded in the Declaration; each instance is different). It takes time to reach out to (and get enough responses back from) enough owners to reach that minimum percentage. I personally know of facilities that are presently providing (in hand) termination "amendment" ballots to owners this year (beginning 1/1/2016) when they check-in, at places where the "sunset" year is not until CY 2021 or CY 2022. Presumably, at some point they will amass their required percentage and then proceed with a formal CC&R amendment. No HOA / BoD can ever just unilaterally "amend" CC&R content entirely on their own, voting only among themselves; that would be in clear violation of applicable and specific voting percentage requirements reflected in the underlying, legally binding, recorded Declaration / CC&R's.

I tip my cap to any HOA / BoD that has the awareness and foresight to tackle this "sunset clause" matter well in advance, thereby avoiding a (completely unnecessary) frantic, last minute legal scramble and fire drill later when, perhaps by then too constrained for time (due to their own prior inaction and negligence) they are unable to acquire the minimum voting percentage in time to avoid the "default" action (whether it's termination or continuation) specified in the underlying Declaration / CC&R's.
 
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larsonharry2

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It will be such a loss if Foxrun stops to be a timeshare place. My wife loves it, because it has wonderful location, it's extremely clean and well furnished.

I hope there is another solution and things will be as they are now
 

theo

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<snip> If every owner can be found and agrees, the property can be sold and you get 1/50th the value of your unit after expenses.

Without claiming to know anything at all about this particular facility, I seriously doubt that its' underlying CC&R's actually identify a 100% voting requirement.
I don't believe that a 100% voting / agreement requirement exists in any CC&R's / Declarations anywhere; it would be a virtually impossible standard to meet.
 
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RonB

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Without claiming to know anything at all about this particular facility, I seriously doubt that its' underlying CC&R's actually identify a 100% voting requirement.
I don't believe that a 100% voting / agreement requirement exists in any CC&R's / Declarations anywhere; it would be a virtually impossible standard to meet.

Sorry Theo - you are correct, at my TS, it's somewhere around 75 to 80 percent. I don't know what I was thinking when I typed that ~ Ron
 

TUGBrian

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sadly in terms of being realistic...80% might as well be 100%.
 

theo

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sadly in terms of being realistic...80% might as well be 100%.

True, but underlying CC&R wording can also be something like a 51% response minimum, with a "supermajority" of those votes required one way or another, no?

Truth to tell, there seems to be a broad range of odd and often convoluted wording reflected among the (admittedly relatively few) different Declarations I've read.
Ironically, "default" options (in the absence of achieving minimum required votes) can even be polar opposites (i.e., "default" meaning continuation as a timeshare in one instance, but "default" meaning termination as a timeshare in another). A very strange and very confusing place, this Planet Timeshare, no? :ponder:

Brian: whatever became of the anticipated attorney publication / article to which you made reference some time ago after attending his presentation on this topic? :shrug:
 
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raygo123

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Well, at the last renewal they had enough votes to pull away from Wyndham.

Sent from my Nexus 7 using Tapatalk
 

theo

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Well, at the last renewal they had enough votes to pull away from Wyndham.

That's likely completely irrelevant to the subject of "termination", however...

CC&R's / Declarations generally contain a very specific section or "chapter" addressing (and usually clearly entitled) Termination. The details specified therein pertain directly and only to that particular very specific matter, whereas affiliation with a management company or entity is a very different (and unrelated) kettle of fish ---- and (...unlike the matter of termination), one that surely does not require any alteration to the legally binding content of existing, recorded CC&R's / Declaration.
 
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raygo123

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That's likely completely irrelevant to the subject of "termination", however...

CC&R's / Declarations generally contain a very specific section or "chapter" addressing (and usually clearly entitled) Termination. The details specified therein pertain directly and only to that particular very specific matter, whereas affiliation with a management company or entity is a very different (and unrelated) kettle of fish ---- and (...unlike the matter of termination), one that surely does not require any alteration to the legally binding content of existing, recorded CC&R's / Declaration.
Yes, and no. I was referring more as to what would be needed to pass a motion, of which termination is only one. The one I went through was to change management from Wyndham to Variety, at fox run, formally Fairfield mountains, which I owned. The CC&R may even spell out different % needed for specific issues.

By that statement it pointed out the fact that through proxy or vote, fox run DID get the needed votes to break from Wyndham.

In my opinion, they will get enough votes to remain a timeshare, given past experience.

Sent from my Nexus 7 using Tapatalk
 

theo

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Yes, and no. I was referring more as to what would be needed to pass a motion, of which termination is only one. The one I went through was to change management from Wyndham to Variety, at fox run, formally Fairfield mountains, which I owned. The CC&R may even spell out different % needed for specific issues.

By that statement it pointed out the fact that through proxy or vote, fox run DID get the needed votes to break from Wyndham.

I'm certainly not seeking to argue with you --- and I do not claim to know anything at all about the resort to which you refer above.

Management changes can (and do) occur without any alteration to underlying, recorded CC&R's / Declaration. Resort BoD's / HOA's contract with and can replace the contracted management company --- generally without need for any broad ownership vote or any alteration whatsoever to underlying CC&R / Declaration language.

Termination, on the other hand (as well as associated minimum total owner voting percentage requirements) is quite precisely addressed within officially recorded, legally binding CC&R's / Declarations, which cannot be just ignored or unilaterally altered by a BoD / HOA, but instead require broad ownership vote, achieving whatever minimum vote percentage is specified within the Termination section language of the governing CC&R's / Declaration.

Small points of distinction perhaps. Termination language in any given resort's CC&R's / Declaration is frequently too-little understood and much too-often overlooked (...but is nonetheless legally binding). This issue will be (and certainly deserves to be) gaining center stage at many facilities as the 2020's loom ever closer.
 
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legalfee

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You would have thought the HOA would have communicated with the owners on something as important as shutting down the timeshare. This thread is the first I've heard about it. When is the vote?
 
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