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Lake Okanagan Resort info wanted

kevinjanny

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Hello, we own a 3 bedroom gold at this resort and are aware that the resort was sold last year. What are the plans for this resort, in regards to timeshare owners-will we have an option to pay to end our timeshare contract, similar to the owners at fairmont? We have been attempting to contact the resort but so far they are not responding. Ideally we would like to get out of our contract as the fees are climbing and the resort needs a lot of TLC, and its no longer worth it in our opinion. Any info would be appreciated!
 

BevL

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I'd wager that some of the northwynd people will be weighing in on this.

In the meantime, I wouldn't be sending any money in to anybody.

When you say you're attempting to contact the resort, what do you mean they're not responding? Somebody must still be answering the phone over there, I'd guess.

And I think there are still units available for exchange through RCI although they're shut down for maintenance so I can't check. Could be wrong about that though.

Anything to do with Northwynd is a big mess, that's for sure.
 

kevinjanny

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A big mess is an accurate description. My in laws paid to get out of the Northwynd fiasco and we're just wondering if the same scenario will develop at Lake Okanagan. We've banked our week with RCI the last few years and would like to find out what's going on before we pay our maintenance fee for this year. So far they there has been no response to phone calls or emails.
 

ValHam

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The resort was bought by a Hong Kong investor. I am up there as a full time resident -We are hoping for the best -We pay 411 monthly as a strata owner -just got a special levy for 1000 -we also -pay mandatory user fees for the pool etc. It is still a little bit of paradise.
 

kevinjanny

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We just reserved our 2016 week that we deposited with RCI and i was told by owner services that they are in the process of compiling a list of owners for the purpose of seeing who wants out of their contracts for a fee, similar to what happened with the fairmont/sunchaser owners. The timeframe is 1-2 years from now.
 

mamad1954

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We have a timeshare at Lake Okanagan Resort and we just got the letter as referred to above. Asking for 3350.00 to terminate. Has anyone been successful in hiring lawyers to not go this route. We have wanted to end this for years, as many others very unhappy with the timeshare.
 

weppb1

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We also rec'd same letter along with invoice for 2019 Maintenance Fee.
2 things -
1. If you read the 8 page letter talking about all the options I find typo's, words missing in sentences, etc. To me this is not a legal document and was not created by a law firm! I question the validity of any of this.
2. As we were not impressed with our last visit there in 2017 (May) I called this Spring to ask if there had been, or was planned to be, any maintenance in the 3 bedroom condo we have always stayed in. The rep told me point blank that no there was not because of money issues (no money to do repairs/maintenance), and jumped right into saying that we could terminate our lease agreement for the amount you mentioned in your message. I got them to send me the termination form, and after thinking about it for awhile I pulled out our Lease Agreement.
It states that the Ownership Group is responsible to maintain the units to livable conditions and also have monies set aside in a reserve fund (fed by a % of the Maintenance Fees). I subsequently sent an email back to the Resort asking for the Financial Statements (current and Prior years) as well as an indication of what the total Reserve Fund amount was. DID NOT HEAR ANYTHING UNTIL RECEIVING THE LETTER YESTERDAY!
So today I replied asking for the same information so we could make a better informed decision. I believe that the Ownership Group is in breach of the contract/lease agreement that both parties signed so why would we have to pay to get out it. They are not, and have no intention of, holding up there end.
Interested to hear others thoughts on this. THx
 

jmason

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We're in the same boat and received the letter as well. Does anyone know of a lawyer in town that's familiar with this case?
 
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We're in the same boat and received the letter as well. Does anyone know of a lawyer in town that's familiar with this case?
We got same email and letter . I have sent two emails to LOR requesting more info, specifically - are they closing down all timeshare units, the condos on the golf course, for example, in 2023? We have had no reply so far. If you choose to transfer your timeshare unit to Lakeside, are the maintenance fees still going to double? If they are planning to close down this place as far as timeshares go, then they are in breach of contracts signed, and should be paying us to get out of the contract rather than the other way around. We have put in a complaint with B.C. Consumer affairs and will see if that gets anywhere. We have had nothing but trouble with this timeshare and with the Fairmont group as well- had to pay to get out of that one.The place is falling apart , had to wait until after 8 pm to get into the unit last time we were there , and we refuse to pay double maintenance fees for a place that is not worth it.We would love to walk away and not give these crooks anymore money. Maybe we owners should be contacting the media about all of this? We will be talking with a lawyer as well.
 

mamad1954

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very interested in this thread....we have never been happy with this timeshare either. In the beginning we were promised free golfing, sister resort deals, much more and it wasn't long before the so called perks were taken away. Can't wait until the lawyers/media get involved.
 
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In Article V , 5.2 Method of Calculation in our lease agreement , it states " The Annual Use Fee for each Vacation Interval which falls within each calendar year thereafter shall be increased annually by such percentage as may be necessary to offset any increase in Operating Costs and the Replacement Reserve over such costs for the 2001 calendar year, but in no event shall be increased thereafter in each year ( the Relevant Year) by more than the percentage by which the price index for the calendar year immediately preceding the Relevant Year as listed in the Consumer Price Index for Canada" I'm not sure if my interpretation of this legal wording is correct, (need a lawyer to interpret) but it sounds like they cannot increase maintenance fees more than the Consumer price index was for the preceding year.
We got an email yesterday saying our questions will be answered next week- stay tuned. Can't wait to hear what they have to say next.
 

Lostmyshirt

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Following. Paid our fees on time every second year so biannuals also pay same amount to get out? We were SOLD time in the new building (prior to it being built) but once built were told it was not for us??? and we lost our 100 rounds of free golf. So if I read it correctly pay to go now, or pay for a few more years and be terminated anyways. Either way. Pay lots, but go.
 

B1604

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We are biennial owners as well. Does that mean our buyout is 1/2 of yearly??? Lots of questions... Not much for answers. I wondered what the fees are for 2021 through 2023? Maybe it is worth paying the fees for 2 more years (for us - 2020 and 2022) and then give it up - if we know what the fees are for 2020 and 2022 - at least we get 2 weeks out of the money we give as long as there is no cancellation at the end. Or is there a cancellation fee at the end of 2023? Same as it is today? I had originally given up this time share for another deal down in Mexico. They took it and discounted us but then gave it back to us after a year (this was back in 2010) as they couldn't sell it. We told them - we didn't want it and had given it up for a discount - But they said - no they had to return it to us... What was that??? Should have guessed then that something was very very wrong...
 

servemeout

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After being harassed by a US collection agency, that did not have a license in Alberta, I requested an accounting of our account and notification as to the owner. Prohibited Practices and Accounting sections under the Collection and Debt Repayment Practices Regulation. "
t) refuse to provide sufficient information on request to the debtor to ensure that the debtor is aware of the identity of the original and current creditor of the debt and the details of the debt;"
Service Alberta did contact the collection agency and ALL contact with us stopped.

Presently the interest rate is at 26.82%, which will be ruled upon by the Alberta Court of Appeal. Contracts signed before 2004 will be affected. Not sure about anyone else, but we did not sign another contract with the new owner and was not notified of any sale except for the land.
 

Lostmyshirt

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nobody signed contracts with the "new" owners of Fairmont and look what a joke that ended up turning into. Still obligated until hell freezes over and either way you pay. One of the few things in life you can never sell, and when you die your heirs inherit the debts???
 

servemeout

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You are correct. CCAA granted the ownership to Northmont, however Alberta now has a new Consumer Protection Act. The following is part of the Act "
Cancelling agreement 7(1) A consumer may cancel at no cost or penalty to the consumer a consumer transaction, whether written or oral, that was entered into by the consumer and a supplier who engaged in an unfair practice regarding the consumer transaction, whether the unfair practice occurred before, during or after the time when the consumer transaction was entered into, and in addition the consumer is entitled to any remedy that is available at law, including damages. (2) Where a supplier has been found to have engaged in an unfair practice, any consumer who entered into a consumer transaction that was subject to the unfair practice with the supplier who engaged in the unfair practice may cancel the consumer transaction at no cost or penalty to the consumer.
RSA 2000 Section 7.1 Chapter C-26.3
CONSUMER PROTECTION ACT

The Act came into effect in October 2018. There is provision for over charging for goods and services. Our purchase price was $4,900.00. Paying another 46% of purchase price does not fall within the new Act.
 

01520717

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In Article V , 5.2 Method of Calculation in our lease agreement , it states " The Annual Use Fee for each Vacation Interval which falls within each calendar year thereafter shall be increased annually by such percentage as may be necessary to offset any increase in Operating Costs and the Replacement Reserve over such costs for the 2001 calendar year, but in no event shall be increased thereafter in each year ( the Relevant Year) by more than the percentage by which the price index for the calendar year immediately preceding the Relevant Year as listed in the Consumer Price Index for Canada" I'm not sure if my interpretation of this legal wording is correct, (need a lawyer to interpret) but it sounds like they cannot increase maintenance fees more than the Consumer price index was for the preceding year.
We got an email yesterday saying our questions will be answered next week- stay tuned. Can't wait to hear what they have to say next.
You're correct, they can't increase your fees more than the CPI and they also can't do any special assessments. I believe a fairly small number of timeshare owners had the same agreement as you (mine is the same as yours) and the new letter they sent to everyone doesn't alter the fee calculations so they can't legally force you to pay a big increase in fees regardless of whether you sign the new letter or not.

Please let us know if you get any answers to your email.

Edit: BTW, since we pay fees every second year for our timeshare, the maximum fee increase is two year's CPI.
 

93owner

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Has anyone heard back from LOR? I have tried calling a number of times but they aren’t answering. They haven’t reply back to my email. We bought in 1993 and have a deeded unit until 2090. So not sure if what they are doing is legal. Is there a class action lawsuit that has been started?
 

01520717

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I tried to contact LOR via email a few days ago and I got an automated message back stating their email server was rejecting my email. After a few days trying to get the message through, it was cancelled by my mail server. I double-checked their email address so I'm positive I entered it correctly. It seems like LOR shut down incoming email.
 

currda51

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Following this thread to see how others are responding to the buy out letter received from LOR. Not sure what legal rights the owners have so hopefully a lawyer or some one in the know will contribute to the discussion. Seems like we're between a rock and a hard place.
 

01520717

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Fairmont timeshare owners had a similar thing happen to them. They went to court and the courts sided with the property owners so the people with timeshares have to pay the amount asked for by the property owners plus any other amounts owing due to missed fee payments in prior years, etc.

Unfortunately, the letter from LOR spells out the options and outcomes fairly clearly. The best thing you can do is check your timeshare agreement to see if it had a clause limiting the fee increases such as the one Unhappycustomer posted above. If it does, then fees will continue increasing at roughly the same rate as they have in the past.
 

Emil

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We bought our timeshare in LOR in 1996. We have one week every year in Lakeside.

In Article V , 5.2 Method of Calculation of Annual Use Fees in our lease agreement , it states

" The Annual Use Fee shall be in an amount which includes the portion of the Operating costs and Replacement Reserve attributable from time to time to the Vacation Interval during which the Vacationer is entitled to use the Vacation Unit hereunder. The Annual Use Fee for each Vacation Interval, during which the Vacationer is entitled to use a Vacation Unit in the Lakeside Inn or Terrace Inn, which falls within the 1996 calendar year shall be $290.00. The Annual Use fee for each Vacation Interval which falls within each calendar year thereafter shall be increased annually by such percentage as may be necessary to offset any increase in Operating Costs and the Replacement Reserve over such costs for the 1996 calendar year, but in no event shall be increased by more than 10% per year cumulatively during the two year period commencing January 1, 1996, and thereafter in each year (the “Relevant Year”) commencing January 1, 1998 by more than the percentage by which the price index for the calendar year immediately preceding the Relevant Year as listed in the Consumer Price Index for Canada, All Items , published by Statistics Canada, or any like index established in substitution therefor exceeds the price index for the calendar year which is two calendar years immediately preceding the Relevant year, as listed in the Consumer Price Index for Canada, All Items or any like index established in substitution therefor."

I'm not sure if my interpretation of this legal wording is correct, (as I have not consulted a lawyer to interpret) but it sounds like they cannot legally increase maintenance fees more than the Consumer Price Index was either for the preceding year or the year before the preceding year. However LOR say that repairs and upgrades to the sewer system or electrical system are not included in the CPI clause and so they will increase our maintenance fees by the same amount as for those who have a lease without a CPI restriction.
It would probably take years to fight this in the courts.
 

Emil

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You're correct, they can't increase your fees more than the CPI and they also can't do any special assessments. I believe a fairly small number of timeshare owners had the same agreement as you (mine is the same as yours) and the new letter they sent to everyone doesn't alter the fee calculations so they can't legally force you to pay a big increase in fees regardless of whether you sign the new letter or not.

Please let us know if you get any answers to your email.

Edit: BTW, since we pay fees every second year for our timeshare, the maximum fee increase is two year's CPI.
Do you plan to sign the letter or just ignore it and pay the 2019 maintenance fees?

LOR think that the CPI restriction does not apply to repairs to sewer system and electrical upgrades. In their email of 16 Nov they state the following:

15. Can LOR increase fees more than the contract stipulates which is only can be increased based on CPI of previous year.

Yes, CPI does not apply to emergency repairs for your unit.
 

CharMontana

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I also received the letter from LOR and have left a message for my lawyer to give me some direction. LOR are the ones that want us to break the contract by paying to cancel. If we pay then we are breaking the contract. They should be paying us for our timeshare and then they can break the contract.
 

Emil

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We are biennial owners as well. Does that mean our buyout is 1/2 of yearly??? Lots of questions... Not much for answers. I wondered what the fees are for 2021 through 2023? Maybe it is worth paying the fees for 2 more years (for us - 2020 and 2022) and then give it up - if we know what the fees are for 2020 and 2022 - at least we get 2 weeks out of the money we give as long as there is no cancellation at the end. Or is there a cancellation fee at the end of 2023? Same as it is today? I had originally given up this time share for another deal down in Mexico. They took it and discounted us but then gave it back to us after a year (this was back in 2010) as they couldn't sell it. We told them - we didn't want it and had given it up for a discount - But they said - no they had to return it to us... What was that??? Should have guessed then that something was very very wrong...
It would be a bit risky agreeing to vary our timeshare agreement to terminate in 2023, as they could charge us any amount they like in the years 2021, 2022 and 2023. If they gave us an upper limit on what they could charge, this might be a reasonable option. I have asked them that in several emails but they haven't responded to my requests. I would feel like I was signing a blank check if I agree to terminate in 2023.
 
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