Thought I would post this article written to show the difficulty we are having dealing with our timeshare resort Carriage Hills near Orillia in Ontario...
Carriage Hills and Carriage Ridge Timeshare Owners – I am writing on behalf of an organized group of over 1,400 people, who own timeshare intervals at the Carriage Resorts in Oro-Medonte, near Barrie, ON. The Group is representative of a much larger number of owners in Oro-Medonte and other timeshare resorts in Ontario, who have become aware of the difficulty of divesting themselves of their timeshare intervals. Because of rapidly rising maintenance fees (from $500 to $1,500) and inclusion of an ‘in perpetuity clause’, it is impossible to sell the timeshare interval, in fact, they can’t even be given away! Owners who can’t pay the maintenance for reasons of health or lack of income (especially elderly owners on pensions) are being heavily penalized for late or non-payment fees, and ultimately taken to court by their Home Owners’ Association, where they lose because of the perpetuity clause and structure in the contract that they have signed. Credit ratings are being destroyed, for otherwise, credit worthy individuals. In addition to the aforementioned, it is difficult for owners to rent out the units to offset the maintenance fees, as Wyndham (Management Company) rents units for significantly less. Even at death, the obligation does not go away. As per the Board of Directors of Carriage Hills Vacation Owners Association, the in perpetuity clause is interpreted to mean that the obligation passes to the estate’s heirs/beneficiaries; bleeding the estate for payment of maintenance fees on a product that cannot be sold. As a result, the group has formed to target the following objectives: 1. Remove the in perpetuity clause at the Carriage Resorts and find a way to deal with the ever increasing delinquencies and maintenance fees problems. 2. Seek legislative change at the Provincial and ultimately the Federal level to have the in perpetuity clause declared illegal; stop high pressure, misleading sales practices, and enforce fair sales contracts that have clearly laid out exit provisions in them. The group is actively applying pressure for change by invoking media involvement, by contacting appropriate government agencies, and receiving input from people with experience in creating change. For example, Irene Parker, a timeshare advocate from the USA has met with the group to offer advice and suggestions based on her experience. Pat Foran, CTV News has recently aired two segments about our situation. Change is happening elsewhere, many US states have changed their laws; Spain and the UK are understood to have abolished the in perpetuity clause; while Quebec, here in Canada has Bill 178, An Act to amend various legislative provisions concerning consumer protection as it relates to timeshare agreements and sales. One ugly side effect of the problem encountered is the emergence of agencies pursuing vulnerable/desperate owners to “get rid” of their timeshares. These are proving to be, by and large, scams as virtually no sales have resulted while substantive fees are paid on the promises, and monies are not refunded. The group needs the help of all owners and concerned outsiders to achieve the objectives by helping with “write-ins” to government agencies, by attending the Carriage Hills board meetings, by spreading the word that the timeshare industry must come in line with fair sales and business practices, using clear contract structures that include exit provisions. Sincerely, M. Jenkins Reflect
