Anyone have updates on the Sunset Clause ORLANDO?

[Bernardo]

Purchase agreement signed 27th June. 1981. Deed of Conveyance states

FROM 12 NOON OF THE FIRST DAY IUNTIL 12 NOON OF THE LAST DAY THE FIRST SATURDAY OF 2021.

MY MAINTENANCE HAS TO BE PAID NOT LATER THAN THE FIRST OF JANUARY EACH YEAR. DO I WAIT AND SEE IF A BILL COMES IN 2020 AND IF SO SHOULD I PAY IT? IF I DO WILL I BE ABLE TO USE THE UNIT IN 2021? I NORMALLY EXCHANGE WITH INTERVAL

I REALLY WOULD BE QUITE HAPPY TO HAVE NO MORE MAINTENANCE TO PAY SO CAN I JUST WALK AWAY?

I HAVE ANOTHER PAPER DATED 18 OCTOBER, 1982 WHICH STATES WE ARE NOT GOING TO ADD PHASE 111 AND 1V AND THE PROPERTY IS BETWEEN PHASES 1 AND 11. HOWEVER IN DECEMBER, 1982, I GOT A VERY CONTRADICTORY LETTER ABOUT TERMINATION OF PHASE 111 AND 1V, BOTH FROM FIRST CONTINENTAL CORPORATION.
PRESUME BOTH COMMUNICATIONS MEAN NOTHING.

I HAVE READ MANY THREADS ON THE SUNSET CLAUSE AND UNDERSTAND IN SOME CASES SOMETHING IS BEING DONE.

I WILL APPRECIATE ANYCOMMENTS. THIS IS MY FIRST POST.

Deirdre

 

[theo]

Purchase agreement signed 27th June. 1981. Deed of Conveyance states

FROM 12 NOON OF THE FIRST DAY IUNTIL 12 NOON OF THE LAST DAY THE FIRST SATURDAY OF 2021.

MY MAINTENANCE HAS TO BE PAID NOT LATER THAN THE FIRST OF JANUARY EACH YEAR. DO I WAIT AND SEE IF A BILL COMES IN 2020 AND IF SO SHOULD I PAY IT? IF I DO WILL I BE ABLE TO USE THE UNIT IN 2021? I NORMALLY EXCHANGE WITH INTERVAL

I REALLY WOULD BE QUITE HAPPY TO HAVE NO MORE MAINTENANCE TO PAY SO CAN I JUST WALK AWAY?

I HAVE ANOTHER PAPER DATED 18 OCTOBER, 1982 WHICH STATES WE ARE NOT GOING TO ADD PHASE 111 AND 1V AND THE PROPERTY IS BETWEEN PHASES 1 AND 11. HOWEVER IN DECEMBER, 1982, I GOT A VERY CONTRADICTORY LETTER ABOUT TERMINATION OF PHASE 111 AND 1V, BOTH FROM FIRST CONTINENTAL CORPORATION.
PRESUME BOTH COMMUNICATIONS MEAN NOTHING.

I HAVE READ MANY THREADS ON THE SUNSET CLAUSE AND UNDERSTAND IN SOME CASES SOMETHING IS BEING DONE.

I WILL APPRECIATE ANYCOMMENTS. THIS IS MY FIRST POST.

Deirdre

You have not identified a specific resort, only a city in Florida, but that doesn't really matter. The dates and time frame you cite constitute a typical 40 year "life span" projection for many timeshare properties first built and sold in Florida in the early 1980's.

I suggest that you first directly contact your resort HOA President to clearly and specifically ask if the "sunset date" you have cited (which presumably originates from the original, officially recorded Condominium Covenants and Restrictions) was perhaps extended sometime in recent years by formal (and appropriately recorded) legal amendment to the original CC&R's. If so, your ownership obligations likely extend right along with any such extension to that new "sunset" date.

Ask your HOA President for hard copy of any "extension" documentation (although as an owner you should actually have been asked to vote on any such "extension" in the first place). Ask for Book & Page(s) reference in County records for the CC&R's and extension amendment, so that you can find it for yourself in County records if s/he can't or won't provide you with hard copy (it's readily available and recorded public information, if it was properly handled). If the original sunset date was overlooked or ignored by the BoD and never put to owner vote for "extension", it's probably safe to say at this late date that you won't see any future use (or maintenance fee bills), with the "sunset" date now just months away. Without any legal status to continue as a timeshare operation (if that is the case), it will likely just be "Game Over" at noon on that Saturday when timeshare week 52 of 2020 ends and week 1 of CY 2021 begins.

Just my two cents' worth of input, with specific action suggestions for you to get straight to the bottom of this matter. Good luck.

P.S. If your deed was properly prepared (which is certainly not always the case), it should include a specific reference to the original CC&R book & page numbers in applicable County records. If you can find the (lengthy, probably 30-40 pages) CC&R document on line, find the section entitled "Termination". If an "extension" was adopted since the original CC&R "sunset" date, you may actually be able to find that info on your own as a recorded amendment to the original CC&R "Termination" section, even without the HOA President. If not, circle back to contacting and leaning on the HOA President to provide the specific info you require.

 

[Bernardo]

Thank you very much. As i live in Mexico it may be more difficult for me to investigate, but I will try. It is Resort World of Orlando, Kissimmee, now managed by Legacy .On checking I see I do have an Official Records Book and page number in the Public Records of Osceola County,Fl. I will try and locate the HOA president, whoever he may be, but I presume everything is on lockdown at the moment.
Again thank you.