I guess it's time to answer this thread. I'm Dr. Ken Rich. That's my real name and I'm a retired Doctor of Chiropractic (DC). I work for Community Health Training, Inc. I'll try to keep this simple and not fill it with direct legal or IRS quotes. However, I'm more than willing and able to back up everything I say with more than sufficient references. The last complainant, "jayjay" finally simply refused to believe what the IRS actually prints on their website and in their regulations.
First, CHT is a private foundation organized as a full corporation, not a LLC. As such it can accept and process any and all donations on the same basis as any 501(c)3 corporation except for one caveat. Any donation to CHT that the donor decides to claim as an income deduction is limited to no more than 50% of the donor adjusted gross income. That doesn't mean when added to other donations. It applies only to the specific donation. i.e. if a $5,000 donation credit is claimed the donor can have an AGI of no more than $10,000 for the year. At the same time, the other $5,000 of income could have been donated to a 501(c)3 and the full $10,000 of income can be offset.
As for the $5,000 donation credit, that is up to the donor. They don't have to claim anything. However, the IRS specifically states that up to $5,000 can be claimed without an appraisal. And if an appraisal is done the IRS says it is not supposed to include distressed sales like the $1 eBay sales. In fact, specific requirements are such that almost the only comparables that can be included are actual resort retail sales or what an actual replacement unit would cost if purchased from the resort.
The only recourse to any owner for unpaid bills is as stated in the above quote. As described, CHT has no assets, is more than willing to allow a foreclosure and even willing to deed the TS back to the resort if they want it. Unfortunately most don't want it back. There is nothing illegal about this. It is fully according to the credit laws of all states.
There is no fraud involved. Fraud is "A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury." Everything is fully disclosed. However, since a resort is not party to a deed transfer, the property has no current debt against it, and their future billing is arbitrary, there is no legal requirement to notify them. However, if they choose to visit our website, its all there for them to read.
As for a resort refusing to allow the deed transfer, they have no such legal right. As far as they can go is to have in writing in the original sales contract a clause called "First Right of Refusal". The limit of this is that the resort must either accept and fulfill the position of the taker of the deed and thus free the donor according to the terms of the offer or refuse to take that position. Once they have refused such an offer, they have no legal right to block any transfer.
The only legitimate complaint anywhere is that since the HOA doesn't get the billed income, other owners have to make up for the difference. Sorry, that's a fact of life. Whether intentional or due to circumstances income must balance expenses.
The real fix for this is not to slander this process. Fix the problem! Far too many owners have asked for help in getting out of their timeshare only to find there is no help. Why doesn't the HOA require the resort to take back titles for free or for a minimal fee so it can be resold again? Why wait for 3 years of nonpayment and then ask the poor owner to pay all those back accumulated fees they couldn't afford to begin with? What possible additional cost is there to adding another free timeshare for sale that has already been built and has no investment cost in it?
The only argument I've heard is, "Pay up or else!" Well, we let other people donate a nominal fee so we can just accept their position of "or else" for them.
Please don't turn this into a bashing contest. That's not what the administrators want. I've added information here for better understanding.