Casualty
(5)
We
bought our timeshare at Fairmont Vacation Villas for just over
$20,000.00 in the late 90's. The company salesman promised us “worry
free” yearly vacations for just the price of a low annual
maintenance fee; “way cheaper than hotels” and the timeshare
would be “something to be proud of for years to come”.
He
referred to “Clause 13” in our sales contract which stated that
we could return our lease back to Fairmont at anytime and they would
pay us for any years left on our contract; this clause also stated
that if we were in default on our maintenance fees for 16 months the
unit would revert back to the resort owner. We had to accept their
“one time sales offer” before we left the sales office so we
signed on the dotted line, not knowing if we did the right thing.
We
enjoyed our holidays at the timeshare, often bringing relatives with
us to enjoy our week long vacation at Fairmont; that is until
Northmont took over.
Northmont
bought the Fairmont's timeshare assets in 2010 and the name of the
resort changed to Sunchaser Vacation Villas, and Northwynd Resort
Properties (run by Northmont) assumed responsibility to run the
Sunchaser Villas.
In 2013 Northmont decided that major renovations and repairs were necessary and demanded that the timeshare lessees pay tens of millions of dollars to fix up the resort, instead of using their own funds. To raise the necessary capital Northwynd implemented their “Freedom to Choose, Reason to Stay” Renovation Project Fee (RPF); we could stay if we paid a close to $4,000.00 renovation fee or we could terminate our timeshare contract for just over $3,000.00.
Northmont
bought a bankrupt, rundown timeshare company and then expected the
timeshare lessees to pay tens of millions of dollars to fix it up.
We didn't think that was right as we didn't own any aspect of the
Sunchaser resort so we joined a group of approximately 1,600
timeshare lessees and have fought Northmont for the past four years
in court.
The
courts have ruled against us, not because we are/were in the wrong
but because our lawyer argued the wrong things in court. We can't
believe that we, the lessees, are being forced to pay for major
building repairs and renovations. From the start our lawyer told us
to stop paying our yearly maintenance fees to reduce Northmont's cash
flow. Unfortunately that ploy backfired and now we have to pay the
renovation fee, 4 years of unpaid maintenance fees. This adds up to
just over $8,000.00 but Northmont is adding 26.82% interest to the
amount which adds another $10,000.00. To add insult to injury
Northmont tacked on a 20% termination fee which brings the total bill
to just over $22,000.00 – more than what we paid for the timeshare
lease in the first place.
AND
if we do not pay by February 15th,
2018 our payment will jump to 162% of that amount.
I
am retired and my wife works part time. Thanks to the court ruling,
we will have to use most of the remainder of our savings to pay
Northmont. I would have liked to stay retired but I may have to find
a part time job to rebuild our nest egg.
Why
not stay? Northwynd could still demand additional money from
timeshare lessees if they say it's needed to complete renovations and
there is nothing to prevent them from doing minimal maintenance on
the buildings for the next 20 years and again demand money over and
over again. Even worse there is nothing to stop them, or other
companies, from buying rundown timeshare resorts and fix them up
using the timeshare lessees' money.
In
the meantime what are they doing with all the tens of millions of
dollars they have collected from us??? Is it going toward the resort
or their own pockets???
The
information contained in this blog/video is accurate to the best of my
knowledge at the time of posting. I reserve the right to make changes as
new information becomes available.
Any and all information I share is for informational purposes only, not legal advice, as I am not a lawyer, just a lay person sharing information.
Any and all information I share is for informational purposes only, not legal advice, as I am not a lawyer, just a lay person sharing information.
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