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Thread: Legal question for anyone

  1. #1

    Legal question for anyone

    Can an HOA legally accept some deedbacks from selective and random individuals and decide to exclude others? If it is legit what would be considered valid and acceptable reasons in a court of law, for selectively choosing some and excluding others? Just curious.

    It'd be interesting to hear from the attorney as well as anyone else.

  2. #2
    I always heard everything is in grey area until its not. So probably yes until someone challenges in court.

    Bill

  3. #3
    Super Moderator Glitter Brunello's Avatar
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    I would hazard a guess that they can't discriminate based on sex, race, religion or a few other protected classes that can't be discriminated against in real estate/housing, but they can do it based on individual considerations like value of the week in question, history of dealings with specific owners, current inventory and business needs, etc.

    I may or may not be an attorney, but this is not legal advice in any event.

  4. #4
    Quote Originally Posted by ace2000 View Post
    Can an HOA legally accept some deedbacks from selective and random individuals and decide to exclude others? If it is legit what would be considered valid and acceptable reasons in a court of law, for selectively choosing some and excluding others? Just curious.
    value of the week in question
    ... not enough time for all the timeshares

  5. #5
    Goomba & Super Moderator tonyg's Avatar
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    The deedback ruling at one timeshare states that the program can be discontinued at any time, so that could preclude any further deedbacks no matter what the circumstances are.

  6. #6
    Please excuse me, I'm a Dick. Not a moron just a Dick
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    I believe an HOA can do anything they want, within the law. That means doing deedbacks from anyone they want and not doing deedbacks from anyone they want.

    As I said recently, the fact that HOAs were not set up to do deedbacks is just pure BS. If they are the only entity left involved in the operation of a resort, they have to deal with whatever issues come up. Just because a collapse of the resale market was never anticipated does not relieve them of their obligation to deal with the problems that created. If they litigate and foreclose, they can hold weeks in their name, so they could do deedbacks.
    RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

  7. #7
    Hmmm, I'm still unsure. Does anyone know a Timeshare attorney we could ask?

  8. #8
    Quote Originally Posted by JLB View Post
    I believe an HOA can do anything they want, within the law. That means doing deedbacks from anyone they want and not doing deedbacks from anyone they want.

    As I said recently, the fact that HOAs were not set up to do deedbacks is just pure BS. If they are the only entity left involved in the operation of a resort, they have to deal with whatever issues come up. Just because a collapse of the resale market was never anticipated does not relieve them of their obligation to deal with the problems that created. If they litigate and foreclose, they can hold weeks in their name, so they could do deedbacks.
    This is the very point Ive tried to make in other forums (without success, by the way) and that is the hoas are already set up to take deeds back....its called foreclosure. All we are suggesting is that they do a deed in lieu of foreclosure to save both parties the time and trouble and expense that a foreclosure, entails

    Common sense requires the hoas to make a market in their own timeshares. I mean who is better equipped to sell or rent to their own owners than the hoa. and who more likely to buy or rent than existing, satisfied owners.

  9. #9
    Please excuse me, I'm a Dick. Not a moron just a Dick
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    Quote Originally Posted by ronparise View Post
    This is the very point Ive tried to make in other forums (without success, by the way) and that is the hoas are already set up to take deeds back....its called foreclosure. All we are suggesting is that they do a deed in lieu of foreclosure to save both parties the time and trouble and expense that a foreclosure, entails

    Common sense requires the hoas to make a market in their own timeshares. I mean who is better equipped to sell or rent to their own owners than the hoa. and who more likely to buy or rent than existing, satisfied owners.

    But, as stated to me by the GM of one of our resorts, there is the fear that there will be an avalanche, a statement that in and of itself proves that owners are being forced through threats of litigation to pay fees for something they don't want or need.

    What is Extortion? Most states define extortion as the gaining of property or money by almost any kind of force, or threat of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action. While usually viewed as a form of theft/larceny, extortion differs from robbery in that the threat in question does not pose an imminent physical danger to the victim. - See more at: http://criminal.findlaw.com/criminal....sETGKP2K.dpuf


    As I said elsewhere recently, it's time for HOAs to deal with the problems that they have before them, whether that was their intention or not. It does not matter that those who lined their pockets when the lining the lining was easy disappeared when the lining got tougher. The world is full of people or groups dealing with problems they did not create.

    It occurs to me that those who have the most at risk, so should be most involved in working toward a solution, are those who wish to keep their timeshares. Owners who wish to preserve their resort, and do so in an orderly fashion, should be demanding that their management group address this issue.

    Having taken a fancy to a boating magazine, it is not a lot different than boating in high waves, and taking on water. At a certain point the center of gravity is compromised and the vessel succumbs.

    - - - - - -
    The Rental ‘Solution’

    In the days of RB Farquhar Moness Ltd the resort had been sold out to the maximum at that time - 85%. Since then, with Club owners ageing and the general decline in popularity of timeshare throughout Europe, that figure is calculated to have dropped considerably.

    The Paradise/MMCL answer to this was rentals, to be achieved by shedding a proportion of the timeshare owners and taking on the available cottages to then be rented out.


    . . . . . .

    Escape Route - With Costs

    At the AGM it was revealed that MMCL would offer owners whose cottages were sought the ‘opportunity’ to buy, for 1,299, a batch of ‘points’ which could be exchanged for accommodation at Moness ‘any time in the next three years’.

    According to Ros Laughland once more: “This would be in exchange for owners handing their cottage over and, at the end of three years, having the option of walking away without any further obligation to Moness.

    “For some people this presents a way of getting rid of an increasingly expensive asset because the annual management fees have been threatened as ‘likely to increase dramatically’.

    http://www.highlandperthshirenews.co...are-for-owners
    Last edited by JLB; 06-28-2014 at 10:08 AM.
    RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

  10. #10
    Goomba & Super Moderator tonyg's Avatar
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    Foreclosure and deedback give the same results to the HOA - non-performing weeks. The HOA should have a resales program to create new owners and get a higher percentage of performing weeks. The big difference is to the prior owner that's involved- foreclosure looks bad and deedback is neutral. Why anger people for the same result to the HOA. There is one other difference, HOA owned non-performing weeks incur real estate taxes, so some HOA's just let them slide until the city/town forecloses to avoid tax liability.

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