No Rofr At Wastegate!
For those who have any doubts here, stolen from another unhappy Wastegate thread right here on TUG (SURPRISE! WASTEGATE OWNERS ARE UNHAPPY!) is the word directly from a Wastegate legal mouthpiece regarding ROFR and sales recorded prior to 2004 (or about then when they added it to all new sales):
"Regarding the right of first refusal, Mr. and Mrs. H. are not bound by this clause since it did not appear in the Declaration of Covenants, Conditions, and Restrictions recorded at the time of their purchase of the Unit. Westgate will not restrict Mr. and Mrs. H’s right to sell their timeshare unit, and they are not required to obtain a waiver from Westgate prior to this sale. A note to this effect has been placed on their account.
I trust this response will provide an adequate resolution to your inquiry. If you have any more questions relating to Mr. and Mrs. H’s complaint, please do not hesitate to contact me.
Very truly yours,
GREENSPOON MARDER, P.A.
/s/ Marty A. Stone
Marty Stone
For the Firm
MS/vm"
Of course the OP had to fight them with a paid attorney to get the result that was clear from day 1 - IF IT ISN'T IN THE RECORDED DEED YOU ARE NOT SUBJECT TO DEVELOPER CHANGES OF THE RULES!
Since prior to 2004 no Wastegate Vacation Villa - or most other Wastegate's - had the clause it is unlikely that resales from 2004 or earlier have it. To be sure you'd have to check the original sale date/recording as that the ONLY date that counts. They cannot make unilateral changes after the original sale date as that locks in the terms. Resales after that abide by the same, original terms not anything they dreamed up since.
Wastegate owners stand up to the King and his corrupt band of sales weasels. Never let them take anymore advantage of you. You are suffering enough just owning with them.