SOU11
TUG Member
The reliance on trusts is superficial. Trustees should be forbidden from being employees of the developer.I think that is the only effect. Everything else is easily circumvented.
The section supposedly protecting purchasers against MF increases --Section 2(a)(1)(B) -- is toothless. It compels the "timeshare company" (as defined, intended to be the developer) to disclose any "ongoing fees" (i.e. MF's) that it controls and could increase. But developers do not have the power to increase MF's; the HOA does.
I understand the ongoing interrelationship between the developer, the HOA (whose members are too often determined by the developer), and the various trusts controlled by the developer that control an increasing number of HOA's. But that is just fodder for litigation or FTC rulemaking which is tedious and Byzantine.
After 44 years, Southcape Resort in Mashpee, MA has closed. On 2 December 2025 trustees proposed to wind up affairs ahead of the May 2027 date. The owners association was insolvent. On 2 June, trustees had given all association assets to Brewtown Living LLC and also all of the timeshare intervals owned by the developer. Then the trustees proposed to sell and LaTour Hotels offered to buy the resort for $5.2 million. Some owners accepted and the 950 intervals owned by Brewtown Living accepted on 2 December. The telephone of the resort has been disconnected. The Festiva devoper is the successor.