Is it legal for a resort to extend your ownership when deed has an expiration date - Florida

[Travel Gal]

Last year (2020) we had mailed the maintenance fee upon receipt of the bill, before realizing that our ownership had ended. We attempted to contact the resort, mailed a copy of the deed, with no response. We received another bill 2021. This time someone answered the phone at the office and gave us a contact number for Capital Vacations. When we contacted Capital Vacations, told them we no longer owned the timeshare, the deed had expired, they informed us that the resort had extended our ownership. The property is in Florida - LeHigh Acres - and managed by Capital Vacations. Is this legal? We were provided an exit list with several steps to follow, including attempts to sell the timeshare. How do we sell a timeshare with a deed that shows an expiration date over a year ago? Is it legal to do this without any signed authorization from us? We are now retired and did not plan on having this expense continue.

 

[samara64]

I do not think it is legal for the resort to extend the ownership.

If it was me, I would not pay this bill.

 

[RX8]

Here is a good thread that might have some answers for you.

Timeshare Deed has 2025 Expiration | Timeshare Users Group Online Discussion Forums (tugbbs.com)

 

[Patri]

Maybe by paying that maintenance fee, it extended your membership according to details in the contract. I would still fight it and not pay another dime. Or bother to sell it. Tell them it is theirs. You still should have received a notice that the membership was expiring and what your options were. Sleazeballs!

 

[Patri]

Maybe by paying that maintenance fee, it extended your membership according to details in the contract. I would still fight it and not pay another dime. Or bother to sell it. Tell them it is theirs. You still should have received a notice that the membership was expiring and what your options were. Sleazeballs!

 

[GrayFal]

@TUGBrian has posted that Capital Vacations has a deed back program. Have you inquired about this.

capital resorts has a deedback program...start there: https://responsibleexit.com/who-we-are/capital-vacations/

 

[theo]

Maybe by paying that maintenance fee, it extended your membership according to details in the contract. I would still fight it and not pay another dime. Or bother to sell it. Tell them it is theirs. You still should have received a notice that the membership was expiring and what your options were. Sleazeballs!

With all due respect, this is flawed reasoning. It is deeded ownership, not a "membership". Far more likely, the "Termination" provisions within the underlying governing documents (CC&R's, prepared and recorded with Lee County back in the 1980's, just like many other independent SW FL timeshare properties built during that time) were formally amended (and extended) by owner majority vote somewhere along the way. A hired management company, in and of itself, would have no legal right to just unilaterally alter the original CC&R's termination date. The property at issue here is presumably Lehigh Resort & Club, which is located in (but not called) Lehigh Acres. This place has seen management company changes in recent years; formerly and ably managed by VRI, but no longer.

The "sunset date" mentioned in the OP-referenced deed is merely a brief reference to the "termination" provisions found within the original (governing) CC&R's. The deed verifies ownership, but the actual CC&R content identifies details of termination (including any amendments thereto). The date mentioned in old deeds may now be obsolete. If so, it does not prevail over current CC&R content.

Deeded ownerships could not and would not ever be magically "extended" on an individual basis and / or merely by paying a maintenance fee bill. Also, any resort CC&R "termination" date amendment would apply equally and identically to each and every owner of record (including any owners who may not actually be pleased with an amendment pushing out the termination date).

In short, if the original termination date has been lawfully and formally amended in resort CC&R's, then the original "sunset" date reflected in older deeds is simply now an obsolete item. That date being subsequently amended does not constitute a valid basis on which to unilaterally proclaim any existing ownership and / or its' associated obligations as now "ended". That just simply isn't so.

The (now obsolete) "sunset" date mentioned in an old deed is not an impediment to sale, giveaway or deedback. The deed already references right back to the (officially recorded) CC&R's, which will should reflect any amendments to the original termination date.

 

[bogey21]

Last year (2020) we had mailed the maintenance fee upon receipt of the bill, before realizing that our ownership had ended. We attempted to contact the resort, mailed a copy of the deed, with no response. We received another bill 2021.

I had one of these once. Mine had a provision in the By-Laws that said there would be a vote of Owners at the expiration date whether to dissolve or continue. If Lehigh Acres had such a provision and a vote was taken to extend, I think you are stuck. Check with the Board of Directors and find out...

George

 

[Talent312]

As said, many Florida TS's have faced this issue and took a vote to extend. Absent that, all owners are converted to a "tenant in common" with an undivided equal share. So, your ownership doesn't simply disappear.

Somewhere in the Minutes of the HOA's BOD there will is likely a reference to the extension. I suggest that you look for the original TS Declarations and amendments thereto filed in the Official Records of the county where the TS is located or ask for a copy from management, and then ask for a copy of the Minutes that reflect approval of the extension.

If you want to deed-back the TS, that is a different kettle of fish.
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