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Temporary closing of resort

theo

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Your scenario is possible, but it is much more likely that they decided to close during their slowest time. And I know it is not the common opinion, but I believe that all owners should share in the pain. <snip> With virtually no details it is easy for me to portray this as the management taking the easiest road out.

For the record, I do not disagree with you that all owners should equally share the "pain" associated with unavoidable closures. I also note that there is not enough detail from the OP to justify any unsupported conclusions or speculation.

My intended point, based upon my own first hand experiences on a BoD, was simply that major concrete restoration projects are scheduled in very large part based on the availability of the contractors; the best of which usually have work "booked up" long in advance. When bids are reviewed and a contractor selected, scheduling is something of a negotiated process; their next availability may or may not coincide with a "slow" season and the work (and the cost) may increase considerably if the project is delayed. Moreover, there might well be a safety / structural concern which demands prompt action, even if "inconvenient". The resorts in coastal SW FL of my experience don't really have much of a "slow season" per se anyhow --- just different demographics at different times of the year (e.g., Snowbirds in winter / spring, "natives" in summer / fall).
 
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spiceycat

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think I got lucky - Landmark did close for Sept thru Jan because of hurricane damages - now it was almost next year but did get a refund due to insurance (they recently got) for my maintenance fees
 

bobbyzorbo

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Here is a transcript of the letter from the board president of the resort that the Original Poster is referring to, stating they will be closing:

LETTER FROM THE PRESIDENT
OF THE BOARD OF DIRECTORS

To all homeowners:

As you all know, for months now the Board of Directors (“BOD”) and the resort manager have been investigating the scope and extent of the concrete problem discovered during the efforts to replace the railing. During our quarterly BOD’s meeting held on the 23rd and 24th of February we heard from contractors, engineers and consultants. This was in addition to over 20 concerned homeowners who were present, one of whom is a licensed architect. It became apparent the most effective way to deal with this issue would be to shut the resort down completely to allow the cement contractor to mobilize a large crew. Naturally, closing the resort will impact a large number of homeowners. So we looked at ways of minimizing the financial impact first. We asked our legal counsel to appear at the meeting to discuss any creative ways to solve this issue. Among the options offered by the board and the homeowners who were present, we discussed: 1). Abating the operating portion of the maintenance fees for those affected, 2). A special assessment to be paid by those not affected to cover the loss of revenue, and 3). A special assessment to be paid by all homeowners to cover this loss. The Florida Condominium Act along with our condominium documents do not allow the association to forgive the maintenance fees or to specially assess all or some of the homeowners to make up for the loss of revenue. The outcome of this discussion may have been entirely different if the resort damages were the result of a hurricane, fire loss or some other insurable event.

Consequently, the board of directors with the support of the resort manager and in the exercise of our collective judgement, have made the difficult decision to close the resort effective with the start of week 36 for a period of 12 weeks. This was a unanimous decision that was not taken lightly. It is our hope the contractors will not need the full 12 weeks to complete the project. We are fully aware of the impact of this very difficult decision. In the “for what it is worth category”, I will lose 5 weeks rent and will be paying 5 weeks of maintenance fees during this shut down.

Tom Heath will be speaking with Resort International (RCI) and Interval International to see if there is a way to provide affected home owners with exchange week options through their respective companies.

I anticipate a number of emails and other contact expressing dismay, anger etc. and it will likely prove difficult to respond to each and every message. We are open to creative and positive discussions about the financial impact of this decision, however knowing our legal limitations, we have not yet found one.

Thomas M. DeAgostino

President Limetree BOD
 

pedro47

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The resort is Limetree Beach Resort in Sarasota, Fl.
 

Kozman

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At a resort where I owned in North Carolina, the County required structural repairs be completed on a number of buildings. Those buildings could not be occupied until the repairs were completed, which took many months. Everyone affected lost the use of their week during the closure. All were still expected to pay their maintenance fees whether they had use of their week or not. No one was accommodated in other buildings.

Sounds like Peppertree Atlantic Beach II. If I recall correctly they offered a substitute week on availability basis after they reopened.
 

silentg

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With Fishermen’s Village we have a RTU lease that expires in 2023. So no BOD. But they expect us to pay a high maintenance fee without any sign of reopening.
As in previous posts I’ve stated we are not paying.
Silentg
 

Kathy Ryan

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Our timeshare resort board has decided to close the resort for 12 weeks beginning Sept 1 for concrete repair. Our common charges and maintenance fees are not being returned, or credited. We are being told this is per Florida law and timeshare bylaws.

Questions for the group: has anyone else experienced such an event? The board insists that engineers have stated that the resort is safe and no threat of collapse however concrete work must done so they have chosen to shut down completely but not until Sept.

Don't owners who have no past due or open charges with the resort have the right to expect that our legally owned units be open and accessible for our vacation weeks as we purchased?

I also own at Limetree, week 40, which will be effected by the shut down for 12 weeks and we lost our week last year due to the hurricane last year. Unfortunately, we also own 2 weeks in Fishermen's Village which was a loss last year and again this year, plus the almost $2000. assessment. We were also told we could possibly deposit or bank our weeks, which really didn't make sense to me, but I thought I would try. I wasn't surprised to see a statement "FVR: Note: Unit not available due to resort conditions. Please contact resort/club." This was also the case with Limetree.
I am glad I found this web site, it is good to have a connection to others in the same boat and I appreciate everyone's comments. I wish I had a solution to offer:(.
 

silentg

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I also own at Limetree, week 40, which will be effected by the shut down for 12 weeks and we lost our week last year due to the hurricane last year. Unfortunately, we also own 2 weeks in Fishermen's Village which was a loss last year and again this year, plus the almost $2000. assessment. We were also told we could possibly deposit or bank our weeks, which really didn't make sense to me, but I thought I would try. I wasn't surprised to see a statement "FVR: Note: Unit not available due to resort conditions. Please contact resort/club." This was also the case with Limetree.
I am glad I found this web site, it is good to have a connection to others in the same boat and I appreciate everyone's comments. I wish I had a solution to offer:(.
Just received a second letter from Fishermen’s Village. Photos of damage included. They are pursuing the collection of monies from the lease holders. But they don’t have any real hold on us except to terminate our lease. This is what we will do. The legal action they are taking against the insurance company could go on indefinitely. They say when they get a settlement they will reimburse us. We prefer to walk away! What do the rest of you want to do?
Silentg
 

Kathy Ryan

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Just received a second letter from Fishermen’s Village. Photos of damage included. They are pursuing the collection of monies from the lease holders. But they don’t have any real hold on us except to terminate our lease. This is what we will do. The legal action they are taking against the insurance company could go on indefinitely. They say when they get a settlement they will reimburse us. We prefer to walk away! What do the rest of you want to do?
Silentg

Thanks for the feedback! My sister-in-law and I each own a week at Fishermen's and she spoke with an attorney for the resort yesterday, Todd Tuggley. She said it turns out that since the original terms were written earlier than thought, the property usage would end 2020 not 2023 and she will surrender her week without any repercussion from the resort to Collections that may affect her credit score, though this was just verbally. She plans to send a certified letter stating what she was told by the attorney and requiring a letter reassuring this fact. I plan to do the same. It is such a shame, we have fond memories of the resort and have gone there for the Christmas week for the last 4 year (except last year, of course).
 

Talent312

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She plans to send a certified letter stating what she was told by the attorney and requiring a letter reassuring this fact. I plan to do the same.

I'd be surprised if they put any such statement in writing. I could be wrong, but AFAiK, an attorney for the HOA or a resort manager is not "required" to make such a promise. But if that is their intention, maybe they'll do it, voluntarily.
 

Nina Sinervo

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As an owner of westin, St John most of you know it was heavily damaged in the hurricane and it is closed for all of 2018, we are not able to go yet we have to pay all our maintenance fees also. We were just told to vacation with our options at another resort and they waived a few fees nothing more.
Did you have to pay extra fees
 

Kathy Ryan

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I'd be surprised if they put any such statement in writing. I could be wrong, but AFAiK, an attorney for the HOA or a resort manager is not "required" to make such a promise. But if that is their intention, maybe they'll do it, voluntarily.
The Resort is RTU lease that expires in 2023, so like "silentg" I plan to just not pay it and walk away! I will see if my sister-in-law has any luck with requesting a statement in writing, but I think it would be crazy to pay anything!!
 

silentg

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We are Right to Use not owners. We are like renters! We have no say in the management of the resort Fishermen’s Village. There is no Home Owner’s Association because we don’t own anything.
Walking away is probably best for us and them! There will be no repercussions. They want payment by April, not happening for us! We will wait for a letter saying we no longer have RTU and that will be that!
Silentg
 

Kathy Ryan

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We are Right to Use not owners. We are like renters! We have no say in the management of the resort Fishermen’s Village. There is no Home Owner’s Association because we don’t own anything.
Walking away is probably best for us and them! There will be no repercussions. They want payment by April, not happening for us! We will wait for a letter saying we no longer have RTU and that will be that!
Silentg
Thanks, you have been very helpful! I am so glad I found this website to be able to hear other "not owners" perceptions regarding FV.
 

silentg

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Did you get the lastest letter Kathy?
 

GrayFal

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As an owner of westin, St John most of you know it was heavily damaged in the hurricane and it is closed for all of 2018, we are not able to go yet we have to pay all our maintenance fees also. We were just told to vacation with our options at another resort and they waived a few fees nothing more.
Westin st John owners in virgin Grand and coral vista paid only 40 % of 2018 maint fees and still have use of the full staroptions for the year at any other Vistana property. 2018star options are good hit use for three years instead of the usual two years.
 

Kathy Ryan

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Did you get the lastest letter Kathy?
Yes, I got the letter for FV and it made me feel better to read the part about what happens if we don't pay the maintenance fee. This sounds like a huge mess and I cant help thinking of the commercial where the guys says, "No, I picked the wrong insurance company!".
 

silentg

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We have sent our Termination of Lease Document to them, just need the Management to send it back with their signature. So we are done!
 

Kathy Ryan

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We have sent our Termination of Lease Document to them, just need the Management to send it back with their signature. So we are done!
Good news, I guess I can do the same. Is the termination of lease something you have to request? I guess I better read the letter again. Wasn't there something about a web page to visit also???
 

silentg

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Yes go to the website there is an owner tab, put the password that’s in the letter you will see all the documents and photos and the termination of lease is there too.
 

Kathy Ryan

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Yes go to the website there is an owner tab, put the password that’s in the letter you will see all the documents and photos and the termination of lease is there too.
Thank you so much! I greatly appreciate this website and all the info people have shared. I teach high school and right now things are crazy busy with trying to make sure all the seniors graduate!! In 2 months I get my life back! (until we start all over again in Aug). I inherited three timeshares from my parents and all three are currently presenting problems! Yuck!
 

Kathy Ryan

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Here is a transcript of the letter from the board president of the resort that the Original Poster is referring to, stating they will be closing:

LETTER FROM THE PRESIDENT
OF THE BOARD OF DIRECTORS

To all homeowners:

As you all know, for months now the Board of Directors (“BOD”) and the resort manager have been investigating the scope and extent of the concrete problem discovered during the efforts to replace the railing. During our quarterly BOD’s meeting held on the 23rd and 24th of February we heard from contractors, engineers and consultants. This was in addition to over 20 concerned homeowners who were present, one of whom is a licensed architect. It became apparent the most effective way to deal with this issue would be to shut the resort down completely to allow the cement contractor to mobilize a large crew. Naturally, closing the resort will impact a large number of homeowners. So we looked at ways of minimizing the financial impact first. We asked our legal counsel to appear at the meeting to discuss any creative ways to solve this issue. Among the options offered by the board and the homeowners who were present, we discussed: 1). Abating the operating portion of the maintenance fees for those affected, 2). A special assessment to be paid by those not affected to cover the loss of revenue, and 3). A special assessment to be paid by all homeowners to cover this loss. The Florida Condominium Act along with our condominium documents do not allow the association to forgive the maintenance fees or to specially assess all or some of the homeowners to make up for the loss of revenue. The outcome of this discussion may have been entirely different if the resort damages were the result of a hurricane, fire loss or some other insurable event.

Consequently, the board of directors with the support of the resort manager and in the exercise of our collective judgement, have made the difficult decision to close the resort effective with the start of week 36 for a period of 12 weeks. This was a unanimous decision that was not taken lightly. It is our hope the contractors will not need the full 12 weeks to complete the project. We are fully aware of the impact of this very difficult decision. In the “for what it is worth category”, I will lose 5 weeks rent and will be paying 5 weeks of maintenance fees during this shut down.

Tom Heath will be speaking with Resort International (RCI) and Interval International to see if there is a way to provide affected home owners with exchange week options through their respective companies.

I anticipate a number of emails and other contact expressing dismay, anger etc. and it will likely prove difficult to respond to each and every message. We are open to creative and positive discussions about the financial impact of this decision, however knowing our legal limitations, we have not yet found one.

Thomas M. DeAgostino

President Limetree BOD


Hi other owners of Limetree Beach Resort in Sarasota, I wondered what anyone's thoughts are regarding the most recent letter explaining the proposed amendment "to allow the BOD the discretion to provide up to $500.00 per unit week to each homeowner who incurs incidental damages attributable to repair, maintenance and replacement related actions causing damages; including but not limited to the loss of use of an Interval Ownership Unit Week. If this amendment is approved by the required percentage of homeowners, it will likely result in a special assessment in the approximate range of $108.00-$125.00 per unit week depending on the unit and unit week". This assessment will be used to cover claims for incidental damages incurred by the homeowners who will not be allowed to use their units during the upcoming resort closure". Do you know if this will apply to this years loss for the units effected by the 12 week closing? I am trying to decide how to vote on this, any feedback greatly appreciated?? Thanks!
 

bobbyzorbo

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Kathy, the proposal for $500 offset is to partially compensate owners who lose their unit-weeks during the 12 week closure. You should vote yes, in favor of the amendment. It should apply to this 12 week closure and any future loss as well. Obviously the $500 will not compensate totally but it is better than nothing. Say you paid $700 or so maintenance fee for the unit-week, and now you will have to pay another $110 or so, so in total $810 and you get back 500 for a loss of $310. Better than losing the full $700.
 

Kathy Ryan

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Kathy, the proposal for $500 offset is to partially compensate owners who lose their unit-weeks during the 12 week closure. You should vote yes, in favor of the amendment. It should apply to this 12 week closure and any future loss as well. Obviously the $500 will not compensate totally but it is better than nothing. Say you paid $700 or so maintenance fee for the unit-week, and now you will have to pay another $110 or so, so in total $810 and you get back 500 for a loss of $310. Better than losing the full $700.
Thank you so much BobbyZ! I was hoping that was the case, but considering I am dealing with the ramifications of three timeshares in Florida, I don't trust any of them! Getting feedback from others on this website has been my only saving grace!! Much appreciation to all of you!
 
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