I think you're looking at it the wrong way. Timeshares are controlled by a Homeowners Association, which is elected by all of the owners of the timeshare pursuant to the governing docs. The HOA sets the maintenance fees, not the management company. Most HOA's contract with management companies to manage the timeshare and pay them out of these dues. It's often a flat rate percentage of the dues as a management fee.
You did not indicate what you own, but for most mainstream timeshares, the timeshare BOD approves an annual budget that identifies where the money is allocated. Maintenance fees are not solely for "maintenance". They cover all operating expenses, things like utilities, insurance, taxes, repairs, bad debt, management fee, billing and collection, plus the reserves. Read your budget to see each and every category where money is spent. Capital costs come from reserves. Remodeling is done on a schedule approved by the BOD. When owners do not pay their annual MFs, then the HOA doesn't receive the funds required to operate per the budget. No, you cannot "get out of" your MFs so long as you are an owner. If you want out, then sell or otherwise dispose of the ownership. If you are concerned about how the annual budget it spent, then participate in the HOA meetings and communicate with your BOD.
I would think you have to look at the contracts and governing documents that you got or can ask for as part of your ownership. In general, it seems like you could complain to them, otherwise it may be that they have a lot of owners that walked away and defaulted on the MF and so the resort is in a death spiral. It could also be that the management may do a special assessment to bring things back up to snuff, but that's both an extra fee to the owners, and a chance for people to default there as well.
Then you don't own a timeshare. I suggest you seek competent legal counsel.
A timeshare property owned by a single individual is a very difficult concept for me to even comprehend or wrap my head around. Are there officially recorded CC&R's (Condominium Covenants and Restrictions) for this property that you (and the rest of the world) can examine? Does your deed (if you have one) make specific reference to the CC&R's first establishing the property as a interval ownership (timeshare) property? Is what you have perhaps just a RTU (right to use) contract, with no actual ownership?
If one person owns the entire property, then the OP doesn't have any "deed". It sounds like a recreation club type membership.A timeshare property owned by a single individual is a very difficult concept for me to even comprehend or wrap my head around. Are there officially recorded CC&R's (Condominium Covenants and Restrictions) for this property that you (and the rest of the world) can examine? Does your deed (if you have one) make specific reference to the CC&R's first establishing the property as ainterval ownership (timeshare) property?
I'm very puzzled by what you describe. Are you at liberty to identify the property at issue, so that we might better understand whatever it is that you own?
That is in Collingwood Ontario? I remember reading about problems there last summer. (I live less than an hour away)
Do you have any documentation of what you bought?
I'm not familiar with Canadian or Provincial law, but there MUST be some agency that overlooks subletting of properties and the rights of paying tenants. You need legal representation. In the US, we'd call/write our State's Attorney General, but I don't know what the Canadian equivalent is.
I believe that part of it was sold as regular timeshares and some were sold as fractional ownership. https://www.livingwaterresorts.com/ It is a ski area at Collingwood, on Georgian Bay, about a 2 hour drive from Toronto. They and the other timeshares in the area are pushing the summer stays in recent years as more summer activities become available. Since we live fairly close there was heavy marketing done to local residents (could use as day use) probably 20-25 years ago. DH & I went over for their preview only for the free 2 night stay (a break from our kids -lol) with a couple of free meals. We already knew about resales then so we didnt buy. There are some units for sale on Redweek, SMTN and probably e-Bay.
How is it a timeshare if it is “owned” by an individual and there is no HOA? Or is this Law individual just the manager and there is an HOA?
Thank you Diane. That is good to know. They do have a very heavy sell policy and we were totally unfamiliar with timeshares when we bought. We bought because we liked the place and the area but I can no longer travel due to an injury and so am now discovering all the info I should have looked into before we bought...gulp....
Sorry your injury is bringing an end to your travels. What exactly did you get from the resort- or the sales team- or Mr. Law, that indicates that you actually BOUGHT something? Is there a deed? Or just an 'agreement' that for some funds, you are entitled to use some time at the resort?
Whose points? There are RCI Points, Wyndham points, Vistana points, it seems darn near every timeshare 'family' has points, and NONE of them are relatable to/with any other points. And yes, when an owner exchanges their points with another system, there are fees. There are ALWAYS fees. Some timeshare groups have no- or low- cost exchanges within their group, but some of the money grubbers even charge for that.
Mr. Law is the owner of the property ( & many others in the area), since we are not owners I am not sure if there is an HOA or management company. The presentation we attended was so long ago I do not remember much about it, also we were not paying too much attention since we had no intention of buying.
I've been considering "buying" (taking over) a 2 bedroom at no cost, except for maintenance fees. The one I'm considering is deeded, however I have seen others thst are "right to use" until a certain date. I have also seen some trial memberships but do not know much about those. Now I'm a little concerned and wonder if I should look elsewhere instead of Living Water given the discussion in this thread.
Is there a question here? Is 'Living Water' a resort? Is it affiliated with a recognized TS network? There are so many 'point' systems that have no way of converting to another system that they become irrelevant.