Wyndham's hand is in MY cookie jar! Their tenant is sitting in my Fixed Week unit.

[GeraldineT]

Being new to the timeshare world I am a bit confused on something. I understand a fixed week entitles you to a specific unit on a specific week but am confused. I understand being upset. It is your week which you paid for but didn't your renters receive an equal unit. I could understand the potential lawsuit if they were flat out turned away or looking for compensation if they were given something less than what you paid for but is simply staying in unit 7 instead of unit 10 something that needs to clog up the already bogged down court system in Florida. Am I oversimplifying this or missing something. Other than the different unit what was actually "lost"?

 

[vacationhopeful]

Being new to the timeshare world I am a bit confused on something. .... Am I oversimplifying this or missing something. Other than the different unit what was actually "lost"?

Do you think Wyndham was going to SEND me a check for "using" my unit without my permission? My renters did NOT checkin til Sunday AM - are they going to send me a check for inventory usage for those 2 nights (a FRI and SAT - high points/cost nights). What if I never made it down there and DIDN'T learn by accident that they had rented my unit and kept the money?

What if I had the BEST view in the house and they gave my renters the dumpster view and oders? Remember, as a FIXED & DEEDED is also Week, checkin day, and unit number deeded --- not a run of the house 2 days later that no one else wanted.

Do you rent out your neighbor's house when they go on vacation without their permission? If they came home early and you let them stay in your house, would they be compensated?

As for what was lost, TRUST that they are acting for the good of the resort and as my agent vs the getting away with whatever they can BECAUSE they have the keys.

And I was NOT on the list of inbounds .... there are people who would not have freaked out on them and just rolled over due by saying "oh, I must have been wrong". There was NEVER a unit on the books for me to use - if I was standing at the front desk, they would have been happy to bill my credit card and tell me they will fix it in the morning (while my paperwork and MF info was sitting at home). I told them I would be happy to email them a copy of my deed and MF invoice.

 

[timeos2]

Being new to the timeshare world I am a bit confused on something. I understand a fixed week entitles you to a specific unit on a specific week but am confused. I understand being upset. It is your week which you paid for but didn't your renters receive an equal unit. I could understand the potential lawsuit if they were flat out turned away or looking for compensation if they were given something less than what you paid for but is simply staying in unit 7 instead of unit 10 something that needs to clog up the already bogged down court system in Florida. Am I oversimplifying this or missing something. Other than the different unit what was actually "lost"?

The simple issue is the op has the deeded ownership - not just rights - to a specific unit/weeek. Wyndham has no right whatsoever to that unit during that use time. They are litterally trespassing on a private owners property. It is a very big deal.

 

[GeraldineT]

Do you think Wyndham was going to SEND me a check for "using" my unit without my permission? My renters did NOT checkin til Sunday AM - are they going to send me a check for inventory usage for those 2 nights (a FRI and SAT - high points/cost nights). What if I never made it down there and DIDN'T learn by accident that they had rented my unit and kept the money?

What if I had the BEST view in the house and they gave my renters the dumpster view and oders? Remember, as a FIXED & DEEDED is also Week, checkin day, and unit number deeded --- not a run of the house 2 days later that no one else wanted.

Do you rent out your neighbor's house when they go on vacation without their permission? If they came home early and you let them stay in your house, would they be compensated?

As for what was lost, TRUST that they are acting for the good of the resort and as my agent vs the getting away with whatever they can BECAUSE they have the keys.

And I was NOT on the list of inbounds .... there are people who would not have freaked out on them and just rolled over due by saying "oh, I must have been wrong". There was NEVER a unit on the books for me to use - if I was standing at the front desk, they would have been happy to bill my credit card and tell me they will fix it in the morning (while my paperwork and MF info was sitting at home). I told them I would be happy to email them a copy of my deed and MF invoice.

I guess I just do not see timeshare as real estate the same way I see my home. I do not share my home with 51 other people nor is my home actually owned by someone else and "deeded" to me whereby I am entitled to its use. Not knowing how someone arrived in the unit earmarked for you its hard to decide what the "penalty" to Wyndham should be. I just think that legal action seems a bit drastic. JMHO!

 

[Timeshare Von]

I guess I just do not see timeshare as real estate the same way I see my home. I do not share my home with 51 other people nor is my home actually owned by someone else and "deeded" to me whereby I am entitled to its use. Not knowing how someone arrived in the unit earmarked for you its hard to decide what the "penalty" to Wyndham should be. I just think that legal action seems a bit drastic. JMHO!

The deed on a fixed week is very specific about the ownership and what the owner is entitled to. It is not a "right to use" arrangement as you imply here.

Yes clearly the OP has rights that have been violated by the resort and she's entitled to some payment for their wanton disregard of her ownership and rental of her property.

 

[Sandy VDH]

I as EVERY reservation in the points reservation system is ASSIGNED a unit number.

Not always true. They have often not assigned units until check in, which allows them to better manage their inventory. If you have a do NOT move then perhaps the specific room inventory is booked. But this does depend on the resort and I am not sure how SB handles things. I would generally aways call to say I was going to be late checking in just in case. Perhaps in the future you will do this.

I do not know how fixed week ownership is conveyed to the resort management. Obviously some difficiency here.

 

[GeraldineT]

Just curious as to what would happen in a fixed unit timeshare if for some reason the unit was not able to be occupied. You have your week, arrange your transportation if needed to lets say Florida. Arrive at the resort, check into your deeded unit and find out the plumbing doesn't work.

 

[vacationhopeful]

I guess I just do not see timeshare as real estate the same way I see my home. I do not share my home with 51 other people nor is my home actually owned by someone else and "deeded" to me whereby I am entitled to its use. Not knowing how someone arrived in the unit earmarked for you its hard to decide what the "penalty" to Wyndham should be. I just think that legal action seems a bit drastic. JMHO!

I own the unit and week by week number and unit number. Period. Just like YOU own you house. Period. Just because I get my room key from the FRONT DESK yearly, does not mean I have less of an ownership than you do with your house and a traditional metal key.

The "other party" was in the Wyndham computer system as the inbound user of MY UNIT. Wyndham has a fiduciary responsibility to maintain the access to the proper and legal deedholders. I pay them a yearly fee to manage the property. Wyndham accepted that management role and is paid to perform that and other tasks by both the HOA and the individual owners.

Accomodating an single or small group of owners whose unit is unavailable because of a maintenance issue, is called goodwill to accomodate if possible. An intentional TAKING of one's property is called THEFT. To try and deny access by claiming "you are not listed on the inbound computer list" and having it happen to owners week after week is NOT a one time computer error.

Wyndham is VERY quick to disenfranchise Fixed Week Owners whose resort is hit by an total disabling event but does NOT zapped their points owners --- just ask the Fixed Week owners of Wyndham Santa Barbara (who Wyndham's line was, pay us a conversion few (or trade in your Fixed Week) for points to use your vacation time somewheres else).

 

[Passepartout]

Linda, I think WE all get it. So what has the on-site manager said they will do to make you whole? Simply blaming 'the computer' doesn't explain how they are going to keep out of a courtroom. Or have you called the cops and charged them with trespass of YOUR property?

Jim

 

[vacationhopeful]

Not always true. They have often not assigned units until check in, which allows them to better manage their inventory. If you have a do NOT move then perhaps the specific room inventory is booked. But this does depend on the resort and I am not sure how SB handles things. I would generally aways call to say I was going to be late checking in just in case. Perhaps in the future you will do this.

I do not know how fixed week ownership is conveyed to the resort management. Obviously some difficiency here.

Sandy, in the last year or two I have noticed when booking any unit, there is a unit number assigned. As a vip-type and knowing the resort, I regularly do have a DO NOT MOVE placed on the reservation .... but the resort can override that for effiecency or other issues.

I think what might have happened with that "upgrade" on the computer system, is an issue of WHICH unit is empty but not updated as to IF it is a FIXED WEEK usage for the interval.

And as the Wyndham resort manager stated to me, it had been happening for a couple times here and there before, but that week 5 was a big bunch.

One of my other resorts had 2 MAJOR fixed week owners NOT pay their MFs for the 2011 and then going into 2012. The corporate (and not Wyndham corp) automatically put their units into their corporate advertised rental pool. This is also a South Florida beach resort and Winter units rented REALLY QUICK. One of those owners PAID UP after the drop dead date and the resort did scramble to accommodate his inbound tenants -- but into units not his (because he went pass the drop dead date). The other owner (and his guests) were denied access .... period (no key cards given, but the owner had been sent several certified letters for over a year).

And I used to get PAID very big dollars at very big corporations to figure out very fun & complex computer applications. And to run tests before going live.

And let me state AGAIN: I do not get paid to debug or manage the Wyndham resorts or computer programs. Their incompetance should NOT become a problem for me.

 

[vacationhopeful]

Linda, I think WE all get it. So what has the on-site manager said they will do to make you whole? Simply blaming 'the computer' doesn't explain how they are going to keep out of a courtroom. Or have you called the cops and charged them with trespass of YOUR property?

Jim

They have offered nothing other than putting my guests into another unit. As for cops, this is a civil matter --- if I was denied total access, cops would have been helpful.

The resort manager, over the phone, can blow smoke ...I have limited facts ... collecting data is my job now. Being onsite, I could have flashed paperwork to be filed from Broward County small claims court on him.

I will actually be staying ONSITE for a week starting on the 17th. You can bet your bottom dollar I will be roosting in the lobby during checkin hours ... looking for the homeless Fixed Week owners --- it is always a busy Holiday Week.

 

[bnoble]

If I were in your shoes, I would contact my lawyer and see what he says---but, I pay for legal coverage as part of my benefits package at work, so the conversation and most simple actions would not impose more costs to me.

If you don't have something similar and/or are not willing to engage a local attorney for this, I would instead:

* Find the management company representative of record for the resort (this is presumably a Wyndham employee).
* Send them a certified letter asking for the damages you think are appropriate, with a specific date by which they should answer you, with the promise to move to small claims court if you get no satisfaction by then.
* Follow through on that promise.

 

[jjmanthei05]

If I were in your shoes, I would contact my lawyer and see what he says---but, I pay for legal coverage as part of my benefits package at work, so the conversation and most simple actions would not impose more costs to me.

If you don't have something similar and/or are not willing to engage a local attorney for this, I would instead:

* Find the management company representative of record for the resort (this is presumably a Wyndham employee).
* Send them a certified letter asking for the damages you think are appropriate, with a specific date by which they should answer you, with the promise to move to small claims court if you get no satisfaction by then.
* Follow through on that promise.

I wouldn't threaten small claims court, I would actually file it right away and let them scramble. Make them play on your timeline not theirs. If you really want to push the point include the HOA in the lawsuit. I'm not sure what you could claim as actual damages besides your time spent trying to straighten this out but you could definitively ask for punitive damages.

Jason

Jason

 

[amycurl]

After all, a woman just won $10,0000 in small claims court from Honda, whom she sued over the actual mpg of her Honda hybrid. Honda definitely scrambled in that case, and I bet that Wyndham would do the same.

 

[ampaholic]

I wouldn't threaten small claims court, I would actually file it right away and let them scramble. Make them play on your timeline not theirs. If you really want to push the point include the HOA in the lawsuit. I'm not sure what you could claim as actual damages besides your time spent trying to straighten this out but you could definitively ask for punitive damages.

Jason

Jason

Not all jurisdictions would let you ask for punitive damages in Small Claims Court - so YMMV

 

[rrlongwell]

I wouldn't threaten small claims court, I would actually file it right away and let them scramble. Make them play on your timeline not theirs. If you really want to push the point include the HOA in the lawsuit. I'm not sure what you could claim as actual damages besides your time spent trying to straighten this out but you could definitively ask for punitive damages.

Jason

Jason

If you file in court, I am not an attorney, but I do not see how you can avoid naming the POA. The Wyndham Management group acts as their agents.

 

[richardm]

You'll want to read the condo docs in their entirety and check to make sure this "takeover" can't be construed as the resort's right to assume an unoccupied unit via the breakage policy.

You don't want to escalate this if you might lose and be counter sued for their legal costs.

 

[Passepartout]

Not all jurisdictions would let you ask for punitive damages in Small Claims Court - so YMMV

Small Claims court is to satisfy 'small damages' and not to teach the loser a lesson. No punitive damages are awarded (in any jurisdiction we could find). It can be possible to escalate the case into a higher court where punitive damages can be sought/awarded.

The nearly 10K damages paid to the Honda owner was arrived at by multiplying the miles she drove by the extra gas she bought over what Honda advertised her hybrid should have used.

Jim

 

[SOS8260456]

Minimum damages - rental income for first two nights rental....and that is at a minimum.

You buy a fixed unit so that you KNOW where you will be located and what your view will be.

This is not a matter of the unit being out of commission due to maintenance issues.

If they did it to this owner, how many others is it happening to that go unnoticed or unchallenged?

 

[alexadeparis]

If you can be a named party in a class action, you might get something, but you would have to find a bunch of other people that were "similarly situated". You could ask for your maintenance fee back plus more for the trouble.

My alma mater is being sued right now by law students that couldn't get jobs after graduation, and they are asking for their entire tuition back, plus more.

 

[Beefnot]

In order to win a small claims suit, rathernthan have this simply be a 'nuisance' suit, you will have to demonstrate how you were "damaged", not just some hypothetical rights claim. Otherwise, the case will likely be dismissed.

 

[vacationhopeful]

After meeting with resort management my first full day at the resort, NOTHING was offered other than a less than goodwill "promise".

After an Board/HOA/Wyndham meeting on Tuesday morning, a corporate Wyndham person made an offer to me. He passed it along to the resort manager (who was now the ex-resort manager but cleaning up "paperwork" onsite). I believe several TUGGERs were in attendance.

The evening before the end of my weekly stay, I was given a 1 year certificate for a 2 night stay in a unit of the same size and building as the one I own. I have to personally use it. Can not transfer it to anyone or sell it.

 

[rrlongwell]

After meeting with resort management my first full day at the resort, NOTHING was offered other than a less than goodwill "promise".

After an Board/HOA/Wyndham meeting on Tuesday morning, a corporate Wyndham person made an offer to me. He passed it along to the resort manager (who was now the ex-resort manager but cleaning up "paperwork" onsite). I believe several TUGGERs were in attendance.

The evening before the end of my weekly stay, I was given a 1 year certificate for a 2 night stay in a unit of the same size and building as the one I own. I have to personally use it. Can not transfer it to anyone or sell it.

Congratulations on the settlement. Did the Manager lose the position over this issue?

 

[timeos2]

You'll want to read the condo docs in their entirety and check to make sure this "takeover" can't be construed as the resort's right to assume an unoccupied unit via the breakage policy.

You don't want to escalate this if you might lose and be counter sued for their legal costs.

"Breakage" doesn't apply to fixed weeks only float time. A fixed week is deeded and for all intents belongs to the deeded owner for those 7 days as if it were a fully owned condo. They don't have to occupy or do a thing (except keep the fees current, of course) and can show up at any time during that use period & it should be ready and waiting for them. That is the beauty of a fixed ownership vs a flost one. You give up the right to pick your time flexibly for the guarantee that your exact unit/week will be there for you.

The Association/Management has ZERO right to do anything with that time except make sure it is properly readied & waiting to be occupied by the deeded owner or their designated guests. Anything else and they have seriously violated the owners rights and should be held responsible which usually means $$$ to compensate for the lost use.

Remember, as happened in Fl, if that unit was unavailable due to damage then they are SOL - they owe the fees and get no use unlike float owners who still get a week of use in anay available unit(s). So the reverse is also true. IF it is available it belongs to the deeded owner. NO ONE else has any rights to it during that time. As usual Wyndham, like Wastegate, is overstepping their rights and deserves to be punished as much as possible to avoid future issues. But given their history they will skate by and not care in the least that they are acting illegally. Just like Wastegate.

 

[vacationhopeful]

Congratulations on the settlement. Did the Manager lose the position over this issue?

No. What reason should the manager be dinged for the corporate computer system's programming issues? He was transferred in January and still have the Sea Gardens HOA meeting early next month.