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Temporary closing of resort

WHChap1230

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Our timeshare resort board has decided to close the resort for 12 weeks beginning Sept 1 for concrete repair. Our common charges and maintenance fees are not being returned, or credited. We are being told this is per Florida law and timeshare bylaws.

Questions for the group: has anyone else experienced such an event? The board insists that engineers have stated that the resort is safe and no threat of collapse however concrete work must done so they have chosen to shut down completely but not until Sept.

Don't owners who have no past due or open charges with the resort have the right to expect that our legally owned units be open and accessible for our vacation weeks as we purchased?
 

Talent312

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On your first/only post to TUG, you're asking for legal advice?
I suspect the Board has a lawyer who told them they could do this.
You can ask for or be offered compensation.

But the advice you get here is from a bunch of armchair quarterbacks.
You should be able to find a copy of the Bylaws and read 'em yourself.
.
 
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WHChap1230

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I have already read the bylaws and as far as I can understand the Florida statute. The statute is a bunch of legalese and the bylaws only refer back to the Florida statute.

This is my first posting since I only found this site yesterday but see a lot of comments from various people that seem to know condo / timeshare laws, (especially as it pertains to rescinding deposit moneys on timeshare purchases). I only figured that someone else may have experienced a similar situation and can offer some advise or comments on the subject.
 

pedro47

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Is this in written from the board and detailing what will be done & why? Plus, the cost for this project and why it must start September 2018? Is this timeshare resort in a flood zone? Can you provide us with the name of the Florida state agency’s requiring this project?
Can you name this resort?
 
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theo

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....someone else may have experienced a similar situation and can offer some advise or comments on the subject.
This reply is not offered as a legal viewpoint, opinion or advice; I am merely recounting my own first hand experiences.

I specifically recall that about 8-9 years ago now a (VRI-managed) timeshare property in coastal SW Florida with which I am personally familiar (as a now-former owner there) was closed down for a period of time --- for concrete repairs, exactly as in your particular situation.

I do not claim to know what (if any) "arrangement" was offered to owners "shut out" of their occupancy during the period of concrete repairs, which took a few months iirc. I do know with certainty that maintenance fees were indeed still required, even from those whose occupancy was not possible during the time period of the concrete repairs.

I recall another instance, also in coastal SW FL and where we also formerly owned an interval, where part of one building was destroyed by fire. It took several years for reconstruction and insurance battles to be completed, during which time owners still had to pay maintenance fees for their (destroyed) units. Some of course chose to cease mf payments and just let their ownership go into foreclosure. There was no "compensation" of any sort other than construction of a brand new building (several years later) and minor reduction of mf's when the insurance company was finally forced to "pay up".

Can a resort do this? Certainly; no question. Will any form of alternative occupancy arrangement be offered?
That question can really only be answered by your particular resort and / or its' management company. :shrug:
 
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Talent312

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To check out any reference to Florida Statutes, go to:
http://www.flsenate.gov/Laws/Statutes

Similar to what's happened at resorts damaged by fire or hurricanes.
You still have to pay MF's. The resort still has expenses it has to pay.
.
 

Egret1986

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To check out any reference to Florida Statutes, go to:
http://www.flsenate.gov/Laws/Statutes

Similar to what's happened at resorts damaged by fire or hurricanes.
You still have to pay MF's. The resort still has expenses it has to pay.
.
At a resort where I owned in North Carolina, the County required structural repairs be completed on a number of buildings. Those buildings could not be occupied until the repairs were completed, which took many months. Everyone affected lost the use of their week during the closure. All were still expected to pay their maintenance fees whether they had use of their week or not. No one was accommodated in other buildings.
 

moonstone

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Many years (decades?) ago our home resort in St. Augustine closed 1 wing of the building at a time for concrete repairs. The owners were advised well in advance and people who owned a fixed week unit in the affected wing were given choices of changing their unit/week or exchanging their week for another location. I believe, but not positive, that the resort arranged the exchange at no cost to the owner. It didn't affect us as we had stayed there earlier in the year and repairs were done before our next visit.


~Diane
 

bogey21

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This happened to me twice both times as a result of hurricanes. Both Resorts (one in Biloxi and one in Galveston) were closed down for about a year while repairs were made. In neither case was I compensated or were MFs waived. On the other hand I was pleased that both were able to handle the repairs without a Special Assessment. All in all it didn't bother me. Stuff happens.

George
 

pedro47

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Advice and comments have been given to the OP. Where is the OP?
 

Talent312

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Advice and comments have been given to the OP. Where is the OP?
The OP was here with a 2nd post at 6:32am. You posted shortly thereafter.
Are you miffed that he hasn't chosen to reply to your scintillating repartee?
.
 

PigsDad

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This happened to me twice both times as a result of hurricanes. Both Resorts (one in Biloxi and one in Galveston) were closed down for about a year while repairs were made. In neither case was I compensated or were MFs waived. On the other hand I was pleased that both were able to handle the repairs without a Special Assessment. All in all it didn't bother me. Stuff happens.
Well I'm glad I own HGVC then. Last fall after the hurricane, several of the HGVC SW Florida resorts were closed from a few weeks to a couple of months. All owners whose week was affected were reimbursed their maintenance fee. Also, there is no plan for special assessments at these resorts. A well managed resort can handle situations like this -- it sounds like there are plenty of poorly managed resorts, however.

Kurt
 

WackyLucy

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Well I'm glad I own HGVC then. Last fall after the hurricane, several of the HGVC SW Florida resorts were closed from a few weeks to a couple of months. All owners whose week was affected were reimbursed their maintenance fee. Also, there is no plan for special assessments at these resorts. A well managed resort can handle situations like this -- it sounds like there are plenty of poorly managed resorts, however.
Hilton obviously has very deep corporate pockets. Smaller independent resorts without those same deep pockets are not necessarily "poorly managed", they simply do not have the same huge financial resources to tap into (and Hilton also surely somehow turns their "benevolence" into a tax write off).
 
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JeffW

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If the work was 100% funded (ie. insurance claim, or using reserves), and the resort would be mostly/completely closed, then there could be some reduction in annual fees: less staff needed if no guests; utility costs down; less wear and tear on furniture; etc. It shouldn't require the same amount of money to run an empty resort as one that is occupied. On the other hand, if there was any profit from onsite restaurants or activities, that would be a loss to be made up.

If the project was funded say 90% from existing funds, and the remaining 10% was savings from the resort being unoccupied, that could explain why no discounts on annual fees was given.

Jeff
 

bogey21

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Hilton obviously has very deep corporate pockets. Smaller independent resorts without those same deep pockets are not necessarily "poorly managed", they simply do not have the same huge financial resources to tap into (and Hilton also surely somehow turns their "benevolence" into a tax write off).
Yeah, there is a trade off here. I only paid $100 for each of my Weeks and the MFs were less than $500. If I had a Hilton, I'd probably have spent a lot more for both. Under the circumstances I think both my Resorts did a masterful job getting everything put back together. The big holdup in both cases was that the Resorts had to be rebuilt in conformity with new building codes.

George
 

rog2867

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As an owner of westin, St John most of you know it was heavily damaged in the hurricane and it is closed for all of 2018, we are not able to go yet we have to pay all our maintenance fees also. We were just told to vacation with our options at another resort and they waived a few fees nothing more.
 

charlja

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Same thing is currently happening at Fishermen’s Village Wharf in Punta Gorda. Closed due to hurricane damage and insurance fighting over repair payment we are told. We should be getting a letter soon regarding information and options.


Sent from my iPhone using Tapatalk
 

PigsDad

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Hilton obviously has very deep corporate pockets. Smaller independent resorts without those same deep pockets are not necessarily "poorly managed", they simply do not have the same huge financial resources to tap into (and Hilton also surely somehow turns their "benevolence" into a tax write off).
It's not "deep pockets". From the information that they sent out this was covered by their insurance. So any timeshare, big or small, could choose to include that level of insurance in the maintenance fee if they wanted.

Kurt
 

PigsDad

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As an owner of westin, St John most of you know it was heavily damaged in the hurricane and it is closed for all of 2018, we are not able to go yet we have to pay all our maintenance fees also. We were just told to vacation with our options at another resort and they waived a few fees nothing more.
So you are given a week, just not at the damaged and closed resort, correct?

Kurt
 

Mosescan

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Let me put it this way. If your home was damaged and/or needed repairs and you couldn’t stay in it for a few months, I’m pretty sure the bank would still expect you to pay your mortgage. When you own a timeshare, you are a fractional part owner of that property. That’s why you get a deed. When you own real estate, you have to take the good with the bad or give up your ownership.

It sucks but hopefully it won’t be too long and maybe you’ll get some compensation from your board.
 

gatorray

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Our timeshare resort board has decided to close the resort for 12 weeks beginning Sept 1 for concrete repair. Our common charges and maintenance fees are not being returned, or credited. We are being told this is per Florida law and timeshare bylaws.

Questions for the group: has anyone else experienced such an event? The board insists that engineers have stated that the resort is safe and no threat of collapse however concrete work must done so they have chosen to shut down completely but not until Sept.

Don't owners who have no past due or open charges with the resort have the right to expect that our legally owned units be open and accessible for our vacation weeks as we purchased?
MOW where we own 2 OF weeks was devasted by hurricane Maria and closed for 5+ weeks eliminating an additional rental week we had purchased privately during the Fall of 2016. The Points owner from whom we rented graciously refunded our money to the penny although he was not obligated to do so. While the resort's insurance took care of 94% of the damage the 6% deductible expenses were liabilities to all the owners so we were assessed a one time charge of $200/wk. Our 1wk TS at MPB also got a disaster recovery assessment of $222 per week after Hurricane Irma. That's a small price to pay for having coastal properties for 12 yrs and only 1 assessment over that time. Thank goodness we didn't own a home on the Atlantic. Some large TS properties might fully insure and eliminate such assessments but the broader coverage would necessarily translate into a larger MF to be sure. Both MPB and MOW are well managed and their Boards do a great job keeping expenses reasonable. The properties reflect that due diligence. Maybe you know TS owners that pay far less for their TS MFees, I do. And I've visited theirs. Ugh. No comparison. Location and general upkeep are worlds away from the Marriott quality. You do get what you pay for. Too steep? Don't buy. Basic economics.
 
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gatorray

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Let me put it this way. If your home was damaged and/or needed repairs and you couldn’t stay in it for a few months, I’m pretty sure the bank would still expect you to pay your mortgage. When you own a timeshare, you are a fractional part owner of that property. That’s why you get a deed. When you own real estate, you have to take the good with the bad or give up your ownership.

It sucks but hopefully it won’t be too long and maybe you’ll get some compensation from your board.
Well stated. Fractional owners have to share the good and the bad. Homeowner? Your mortgage lender expects payment regardless of the disaster. Home Flooded due to a broken pipe? Mortgage is still due. For TS ownership it's all part of the privilege of owning a beautiful Oceanside place to R&R but accepting the risk of unforeseen disasters even when the property has excellent management by owners like yourself.
 

bluehende

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I will take a slightly different direction than most here. In this case the management decided on when the resort closes. It is not the emergency situation of a storm. While supplying nothing to inconvenienced owners is required I would hope that some help could be provided. As an owner of a timeshare I would have no problem with a small payment to help compensate them. In this case it would be 1/4 of the maintenance fees at worst. I would assume that the resort has some empty weeks they could provide. Since a timeshare is shared ownership it only seems fair that the pain be shared too. I would also imagine that locking owners out of their units would lead to a percentage of them walking away. If I owned a week that was chosen to be closed I would think hard about sending them more money that management seems my usage is the first to go. Again my opinion is derived mostly from the fact that management chose the timing.
 

theo

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In this case the management decided on when the resort closes. <snip> If I owned a week that was chosen to be closed I would think hard about sending them more money that management seems my usage is the first to go. Again my opinion is derived mostly from the fact that management chose the timing.
Not seeking to argue, but I will merely note from personal experience that in a concrete repair / restoration project of significant magnitude, the contractors have a whole lot of say in regard to their availability, schedule, suitable time periods (temperature, rainy season, etc.) for any such work. It's hardly just a simple matter of "management choosing the timing".

Yes, one would hope that some accommodation could be made for the unfortunate owners "shut out" during repairs, but that hope may very well go unfulfilled, for reasons entirely beyond the influence or control of "management". Let's face it, there is no good time for such projects; someone will be impacted unfavorably, whenever such work is scheduled and conducted. That's an inconvenient, unwelcome but nonetheless unavoidable fact. :shrug:
 
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bluehende

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Not seeking to argue, but I will merely note from personal experience that in a concrete repair / restoration project of significant magnitude, the contractors have a whole lot of say in regard to their availability, schedule, suitable time periods (temperature, rainy season, etc.) for any such work. It's hardly just a simple matter of "management choosing the timing".

Yes, one would hope that some accommodation could be made for the unfortunate owners "shut out" during repairs, but that hope may very well go unfulfilled, for reasons entirely beyond the influence or control of "management". Let's face it, there is no good time for such projects; someone will be impacted unfavorably, whenever such work is scheduled and conducted. That's an inconvenient, unwelcome but nonetheless unavoidable fact. :shrug:
I see difference of opinion and arguing as two very different things. Having not seen the communication my opinion is based on the OP saying "Board has decided to close the resort". Your scenario is possible, but it is much more likely that they decided to close during their slowest time. And I know it is not the common opinion, but I believe that all owners should share in the pain. If the insurance had a rider of loss of use all the owners would have paid that. Also as stated I believe it is in the best interest of the resort to keep 1/4 of your owners from having the feeling they are being singled out to bear all the cost. If we could get more details from the OP we could both hone our opinions and they could possible converge. With virtually no details it is easy for me to portray this as the management taking the easiest road out. Inconvenience the least owners and do nothing to try to mitigate their loss. I always bristle when I hear " they don't have to do anything". I do many things that I do not "have" to do. I try to make most of those things be the right thing to do.
 
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