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[2006] Timeshare judgment--need advice

tbenton

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not a timeshare

I hate to keep beating this horse but so many are using timeshare laws/rules when talking about what Land'Or will or won't share,etc. It is not a Timeshare...its a right to use vaction 'club' and we have no rights to know one darn thing that they do or why they do it. Thats whats so darn frustrating. I am still trying to understand how they can take money from your bank account with no notice or calls from anyone or papers served to go to court for a judgement. Please share info when/if you find out.

TB
---------

I have been looking at at the extensive information available at the Virginia government page.

Section 55-370.1 "Time-share estate owners' association annual report" states that "within 120 days after the close of each fiscal year, an annual report shall be prepared and distributed to all time-share owners."

B. The annual report shall contain the following:

1. A list of the names and mailing addresses of the members of the association's board of directors and the name of the person who prepared the report;

2. A balance sheet as of the end of the fiscal year;

3. An income statement as of the end of the fiscal year;

4. A statement of the net changes in the financial position of the association for the fiscal year just ended;

5. A statement of the time-share estates occupancy expenses, the regular assessment, any special assessments or other charges due for the current year from each time-share estate owner; and

6. A copy of the current budget reflecting the anticipated time-share estate occupancy expenses along with:

a. A statement as to who prepared the budget;

b. A statement of the budgetary assumptions concerning occupancy factors;

c. A description of any provision made in the budget for reserves for repairs and replacement;

d. A statement of any other reserves;

e. The projected financial liability for each time-share estate owner, including a statement of (i) the nature of all charges, assessments, maintenance fees, and other expenses which may be assessed, (ii) the current amounts assessed, and (iii) the method and formula for changing any such assessments; and

f. A statement of any services not reflected in the budget that the developer provides, or expenses that it pays, what it expects may become a time-share expense at any subsequent time, and the projected time-share expense assessment attributable to each of those services or expenses for the association and for each time-share.

I repeatedly requested this type of information and said I would pay the special assessment when I received a financial accounting of how the ever-increasing maintenance fees were being used and why they would not cover the items specified in the letter notifying owners of the special assessment. Up until this time, I had always paid my maint. fees early and had even paid a few years in advance in order to be able to have weeks deposited with RCI. I may not even be delinquent on the maint fees because I paid for several years in advance. With the other 15 timeshares we own, I have never paid late. I usually pay up to 2 years in advance in order to be able to space-back early. Whenever Amex has a double (once even triple) miles promotion, I pay all the maint fees, even up to 2 years in advance. I would have continued doing the same with Land'or if things were as they should have been.

I have tape recorded and saved some of the conversations with the people who called me from Land'or. I clearly asked for an annual statement and was told more than once that I couldn't have it because it was "confidential." They finally sent me a "report card" sent to them from RCI , and then called and asked if I was ready to pay the special assessment since they had sent me the statement I requested.

I have a TUG friend who lives in Williamsburg and he will hopefully be able to find an attorney in the area to look into the matter. Since Land'or is in the process of seeking approval to develop a timeshare at an old Equivest property in Williamsburg, they may not want adverse publicity.

Even if I cannot get the relief I feel entitled to, I can at least file complaints with the two timeshare regulatory agencies and let them determine if Land'or is violating their laws by not sending an annual report to all timeshare owners. Each of the owners, with whom I communicated in the past, had never received such a statement.

The court clerk told one of the other owners being sued that Land'or has filed hundreds of cases against owners. There are just 72 units at Land'or. Many paid an exorbitant price buying from the developer--over $10,000.. They have to be extremely dissatified to try to walk away from such an investment. Luckily in my case I paid only $750. and had many great exchanges until the place fell into disrepair and started charging $19. per day per person to RCI exchange guests and EVEN OWNERS! Look at all the people complaining about the $25. a day charge per unit (not per person) at the Manhattan Club. This charge was not in effect during the first several years I owned at Land'or. We have never been notified of annual meetings, nor have we received the type of proxy forms our other ts send so that they can reach a quorum and conduct the meeting. I am anxious to find out the procedure through the Freedom of Information Act to review any other complaints filed against Land'or and how they were resolved.

Thanks for the detailed info you "guys" have provided, even if it is not what I had hoped to hear.
I'm hope Ray Jacobs, owner of Timesharing Today Magazine, will publish an article I'll write warning people to stear clear of this outfit.
 
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richardm

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Notice...

They could have sent it certified through a "bad" address, and yes, it would look proper when came back unclaimed (I don't know if you can still proceed with a court case if you can't locate someone--but they were able to locate her checking account, how convenient....). But if Jennie can show that over the years she's paid that she's never moved, how all of a sudden would they have a different address for her?

Normally if an owner cannot be contacted or does not respond, some type of public notice is required. The process varies by jurisdiction, but a public notice in a newspaper of a certain distribution is normally sufficient to be considered notification. Also, in some cases there will be a defaulting agent of record specified in the condo declaration that can be sent the notice in the event the defaulting party cannot be located.

For example in Orlando, many resorts post foreclosure notices in the Apopka Chief. Many of those owners may have no idea that they are the subject of a foreclosure proceeding and possible legal judgement. It meets the criteria for public notification and has the lowest classified costs in the area.
 

Jennie

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Hmmmmm........gotta wonder about this.........
:ponder: :ponder: :ponder:

I share your thoughts and for the first time in years on TUG , did not reach out to this person. Subsequently I recieved a private email message stating:
"Jennie please disregard the communication I have made with you about Land'or. Thank you and have a nice day."
 

tbenton

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[Post text removed at request of poster, for "legal reasons". - Makai Guy, BBS Administrator]
 
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Wonka

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Hide your money

If a levy is anticipated, move your money to a different bank. This will make it more difficult to collect a judgement or levy. But, they will find the money eventually. It sure sounds like there may be some fraud involved, but your info is mostly speculation.
 

Talent312

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As a stop-gap measure, move any assets in bank accounts known to them, and consider transferring title to any significant assets. But also, do consider Bankruptcy. Its designed to give folks a fresh start. I've known several folks who have done it over the years and managed to put their financial house back in order.
 

tta

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Can't deposit Club Land'Or week to RCI?

:confused: Just early in the week, I deposited 2 "complementary" club landor weeks to RCI and those 2 weeks showed up in my RCI account as of Monday 2/6/12. Yesterday, I received email from RCI that those two weeks had been withdrawn. I called Club Landor and learned that I no longer could deposit my club landor weeks to RCI until further noitce. I was told to use Flex Plus Exchange. I'm just curious has anyone else has similar experience? Thanks.
 

mustang guy

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rid of timeshare info?

Could you please send me info on how you got rid of club land'or timeshare forever? Thanks.

Dear "Disgusted owner"

I found a way to resolve my problem and be rid of this timeshare forever and I will be glad to share it with you. I will call you later today or tomorrow BUT please remove your phone number from your TUG message. There are too many weirdo's and worse trolling public message boards like this one. Just register your email address with TUG and messages from members like me will be forwarded to you. You can then choose to respond or ignore them.

Mind you, we still own 16 timeshares at other locations and have never had a problem like this with any of them. It's a shame that you had the bad luck to get snagged by this outfit. If you do a google search, you will find lots of complaints about Land'or.

We faithfully paid the ever-increasing Club Land'or maintenance fees on time, and often times 2-3 years in advance so that we could "pull down" weeks to be deposited early with RCI. I think there was about 10 years left on the contract when we "took it over" from the prior owner. It was a great trader until Land'or started charging the outrageous daily fees to exchange guests and owners.

We paid one hefty Special Assessment a few years after buying Land'or. They never sent any annual financial statements, just vague bills.

When Land'or tried to hit us a couple of years later for another $1,000. + assessment, I kept requesting a written statement of what it was for. They finally sent a letter stating that the transformer had been destroyed in a storm and, unlike in the states, the resort is required to purchase a new one and have it installed at the resort's expense. A few months later I found out from a very reliable source that this was a blatant lie.

I continued to pay the maintenance fees every year but withheld the Special Assessment fee, telling them that I would pay if they sent a written statement of what the money would be used for, which is standard procedure in the timeshare industry. They tried to give me b-s reasons why they "couldn't" do it This went on for four years.

Then out of the blue, my bank manager took me aside when I arrived to make a deposit, knowing nothing about the withdrawal of my funds by Land'or. She gave me some very useful information, as did several people here at TUG.
 
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