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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I own 4 weeks of Timeshare at Sunraysia Resort in Victoria.

Customer Question

Hi I own 4 weeks of Timeshare at Sunraysia Resort in Victoria. I have paid my annual maintenance for these weeks but Sunraysia Resort wont let me bank them .The reason they wont let me bank them is because they introduced an extra maintenance levy of $250 per week owned . I refuse to pay the extra fee. Can they refuse to bank my weeks knowing I have paid my normal annual fees? Regards Rod
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.What do you mean by they wont let you bank them?
Customer: replied 6 months ago.
With Timeshare if you cant use your weeks within the year you can bank them with a Exchange company for the future.
Expert:  Leon replied 6 months ago.
So they wont let you access the time share because you have not paid the extra fees?If you look at the agreement they can refuse because you are not up to date. The agreements are all their way and they are hard to fight. Do you have a copy of the terms and conditions?
Customer: replied 6 months ago.
I have paid my fees as required each year, these are extra fees for maintenance for a program that they undertook. I just cant understand why I am held at ransom for extra fees when I have done the right thing each year these are an additional fee structure that I had no say in.
Expert:  Leon replied 6 months ago.
The agreement you have signed says that you will pay all fees as they are made and I also assume it says if they are not paid then you are in breach. You have to look at the terms of the agreement you have to fight them that is what you agreed to and they will hold you to that