Denied Fixed Week Usage

Our 'home' Scottsdale timeshare recently denied usage of our 2015 fixed (deeded) week, which we purchased at a premium price a dozen years ago, because the resort is sold-out for Superbowl on the weekend when we would be checking-in.
The sell-out is due to both 'floating week' and rental customers who made their bookings months ago.
We aren't NFL fans so don't give a rat's a** about Superbowl, we just want to use our winter fixed week.
Alternative arrangements in Phoenix/Scottsdale for that week are prohibitively expensive.
So, what do we do?

What is the name of the resort?

Does this resort have a rule stating that you have to confirm your fixed week by a certain date?

Did you do so?

How did you find out that they were denying you usage?

Go look on the rental sites for listings of your accommodations (size and area) and send a certified letter to the Resort Manager and DEMAND either usage of YOUR DEEDED WEEK and UNIT or double (or triple damages) the RENTAL AMOUNT ($123.00) for "pain and suffering & damages" within 30 days OR further costs, such as legal fees plus lost time from work & travel costs.

And be sure to include a MARKET rental amount and inform him THAT if he does NOT have a SIGN RENTAL AGREEMENT from YOU (the owner) authorizing ANY commission to whoever - they can not be deducted from the amount collected. Hence, the amount is ALL RENTAL payments (doubled).

"Pain & suffering" money is NOT usually income in most states.

I am NOT a lawyer ... if you need REAL legal advice verses internet BBS, consult a member of the BAR in the area of where the unit is located.

Some resorts have a rule that you have to confirm your fixed week by so many mos. before check-in, and I'd bet that this is the case in this situation, but I'd like to know what resort it is.

vacationhopeful said:

Go look on the rental sites for listings of your accommodations (size and area) and send a certified letter to the Resort Manager and DEMAND either usage of YOUR DEEDED WEEK and UNIT or double (or triple damages) the RENTAL AMOUNT ($123.00) for "pain and suffering & damages" within 30 days OR further costs, such as legal fees plus lost time from work & travel costs.

And be sure to include a MARKET rental amount and inform him THAT if he does NOT have a SIGN RENTAL AGREEMENT from YOU (the owner) authorizing ANY commission to whoever - they can not be deducted from the amount collected. Hence, the amount is ALL RENTAL payments (doubled).

"Pain & suffering" money is NOT usually income in most states.

I am NOT a lawyer ... if you need REAL legal advice verses internet BBS, consult a member of the BAR in the area of where the unit is located.

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Under IRS rules, payment for pain and suffering is income unless it was caused by bodily injury.

Do you own a Fixed Unit/Fixed Week? If so, I'd first call and ask on what authority they are denying you use of your Week. If you just own a Fixed Week as opposed to a Fixed Unit/Fixed Week, it could be a different story. if you own a Floating Week and the Week is the Deeded Week supporting your ownership, it could be another story yet. First place to look is at your Deed. What does it say? Basically, we need more information.

George

If it's SDO, which I suspect it is, they needed to call at least a year + one week ahead. Even at that, you have to get a Starwood person on the phone who knows what he/she is doing.

We own week 27's at SBP, a couple of them, and I tried to get week 27 way ahead and was denied for any weekend date other than the Sunday. I was not happy. The Starwood guide actually told me I am limited to what day of the weekend I can choose because the ownership is not for any date that weekend. Baloney.

I didn't know that SDO had fixed weeks?

Is SDO like SBP where you can reserve your deeded week way ahead, up to 2 years ahead, if you pay your fees? That is how my SBP is supposed to work.

Not that I've ever heard of.

I think SDO does have fixed weeks. I remember something about it from talking to Starwood a few years ago when they stopped allowing the deposit of specific weeks. Also, I'm pretty sure you have to confirm usage of fixed weeks a year or so in advance or you lose the guarantee to occupy that week.

I don't doubt what you all are saying. You know Starwood. I don't. But I do know that I owned 7 Fixed Unit/Fixed Weeks at 7 different HOA controlled Independents and never had to tell any of them in advance that I was going to use my Week. I just showed up and it was ready for me. I also owned a Monarch Crown Suite Fixed Unit/Fixed Week. I didn't have to notify them either. In fact they sent me a notification reminding me when to show up.

George

This is a little aside and may not be what is happening to the OP but I own at one fixed week resort (small independent) that does make you email or send a little card in confirming your usage- use, guest check in, deposit with exchange company, or deposit into the rental pool with the resort. If you do not reply the resort will try to rent out your week with the proceedings going to the HOA to cover bad debt. If you show up without indicating usage and there are available units (20 unit resort), they will give you a unit or work with you to let you use another of the HOA units that they have later in the year. If you respond that you will be using the unit and the don't, the unit will sit empty. The boards explanation is that 5-10% of owners pay their dues but never come or do anything with their units. An owner who won't respond to a mandatory usage verification is even less likely to show so why not offer those unit for public rentals to help cover unrecovered MF's. If they don't receive your usage verification they will attempt another phone call and/or leave a message but if the owner still doesn't respond then he might lose his fixed usage. I don't know about the legality of doing this and it wasn't in the original offering info but it seems reasonable.

Instead of proceeds going to cover bad debt, it should at least cover the owner's maintenance fees for the next year, assuming they paid current year fees and aren't part of the bad debt. Just my opinion.

Edited... For fixed weeks specifically.

FreeIn2010 said:

Instead of proceeds going to cover bad debt, it should at least cover the owner's maintenance fees for the next year, assuming they paid current year fees and aren't part of the bad debt. Just my opinion.

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I seem to agree with you. I also see this as a REAL WAY a front desk clerk or the front end manager might be lining their pockets with rentals of units where the owner is (pick one) (elderly, forgetful, nursing, last minute verbal 'try to rent', etc).

Actually, Starwood management has published rules allowing them to confiscate unused weeks, and rent them and pocket the money. I imagine if the owner fails to confirm their fixed week by a certain date, then it falls into that category.

This is not unique to SDO - at some of the other Starwood resorts you also have to confirm your fixed week - but not all. I have a true fixed SVR week, and it's automatically confirmed for me every year.

SDO was developed and sold by another developer pre-Starwood, so they have a mish-mash of deed types and rules from the two different management companies.

DeniseM said:

Actually, Starwood management has published rules allowing them to confiscate unused weeks, and rent them and pocket the money. I imagine if the owner fails to confirm their fixed week by a certain date, then it falls into that category.

This is not unique to SDO - at some of the other Starwood resorts you also have to confirm your fixed week - but not all. I have a true fixed SVR week, and it's automatically confirmed for me every year.

SDO was developed and sold by another developer pre-Starwood, so they have a mish-mash of deed types and rules from the two different management companies.

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Marriott is similar to Starwood with deeded fixed week rules that differ from resort to resort, with most resorts not offering a fixed week option at all. There are a very few like Bogey21's Monarch week that have fixed week/fixed unit/fixed check-in days, where the owners get automatic confirmation with reservation numbers more than a year in advance. There are some fixed week/fixed unit weeks that the owners have to call within the Reservation Window to select the check-in day, with availability first-come-first-served. Some are fixed week only with the check-in days and units available on a first-come-first-served basis. Some fixed weeks are automatic reservations but the owners have the option to book in different seasons if they call within the specified window. Etc etc etc (Marriott doesn't have anything like the Starwood resort that allows owners first crack, a month ahead, at the Week indicated in a floating-usage deed - if I'm understanding that craziness correctly?)

Marriott also has rights, like Starwood does, to take Weeks that aren't reserved by Owners within so many days of check-in, for their own use and profit.

It's like you and others have said - this OP's question can't be answered without knowing the resort and specific rules for the ownership.

The OP has not posted any follow messages today.

They have not been back to TUG since posting.

DeniseM said:

Actually, Starwood management has published rules allowing them to confiscate unused weeks, and rent them and pocket the money. ....

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That's how HOA's steal from owners. They make up all those bogus rules that are simply picking the owners pockets. Tragically some HOA boards are made up of Owners and they do nothing to stop this thievery and rubber stamp the Management company's demands.

I bought a timeshare week at TreeTops this year with usage beginning in 2015.

On the day after of what would have been the check-in for 2014, I received a call from the resort to find out if I was coming for my week. I explained that I didn't realize that I had use for 2014. They asked if I would like for them to try and rent some of the week. I said, yes. About two weeks later a received a check for just over $150. I thought that was handled very nicely by the resort and appreciated that they did that for me.

Just like others have mentioned, having a fixed week at some resorts doesn't mean that you can just show up. Gold Key Resorts in Virginia Beach requires that you submit your usage no less than 30 days from check-in or you will lose the use of the week. Fortunately, they notify owners a couple of times (by letter and by email) to remind them.

You need to know the details and requirements of your ownership and not assume things.