Ridewithme38
TUG Member
There still has to be a theory for value creation or investment returns. Otherwise, it's just a scam to default on maintenance fees. That is relevant because it is illegal to set up a business with intent to defraud. The plaintiff would set out to prove the intent to defraud the HOA. The defendant would have to prove that they had a legitimate theory for making money. Starting a new company because the old one is not working anymore doesn't help prove the case. In fact, it helps to prove the case of the plaintiffs.
There would have to be a history of some type to show that there was a good faith attempt to execute on that strategy for income production. If the theory of income production is collect fees for a timeshare, extract out the cash while the business is not in technical default, dump them into a holding company and then bankrupt the holding company to avoid having to pay fees. That is a clear intent that is illegal.
ALOT of the TS's being sold on Ebay are from the PCC's just a list of auctions would show that they acted on 'good faith' to resell the items, it would show that they believed that had a legitimate theory for making money, they get paid out both ends when the TS Does sell on ebay....i just don't see the courts siding with the TS companies, there's is NO way to prove that the intent is to defraud