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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34111
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I im a owner in Briawood 30 Pine Valley drive in Falmouth. in

Resolved Question:

I im a owner in Briawood 30 Pine Valley drive in Falmouth.
in january 2012 I payed my maintenance fee. in december 2012 I ask for conformation to Bank my unit that I use on week 28. That I my Trade to go to florida in 2013 I was denied Conformation. on the assumption That my maintenance fee will not be paid. on january I paid my maintenance fee. now I am out $750.00 on my maintenance fee and $80.00 I paid to Interval. and a vacation. My question is Can I be denied conformation pryer to a maintenance fee that was not due till february 1 2013. And can get my money back.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,

Is this a timeshare property?
Customer: replied 1 year ago.

Yes it is


 

Expert:  socrateaser replied 1 year ago.
Okay, thanks.

Your rights concerning the timeshare and any exchange privileges are completely controlled by your contract/agreement with the property management, and any declarations of covenants recorded with the state/county, and which underlies your property deed.

Covenant declarations are interpreted in the same manner as are contracts -- subject to ordinary contract law principles. Consequently, if you were entitled to an exchange, as long as your maintenance fees were timely made and the exchange is denied due to an error by the property management, due to incorrectly accounting for your maintenance fee payments, then that is a breach of contract, and you are entitled to damages for the breach. This could be (1) specific performance, i.e., a court order that the management provide you with the exchange as requested; or (2) monetary damages in the amount of the value of the exchange during the chosen week, so that you can obtain substitute housing.

Unfortunately, because of the time frames usually required to get a court to act, it could be next summer before you have a judgment. Hopefully, you can reach a settlement with the property management. If you cannot, then you may have to file a lawsuit. If you believe your damages are $7,000 or less, then you can sue in small claims court without a lawyer (click here for info). If your damages are greater than that amount, then you will need a civil litigation attorney. See this link for a referral.

Note: Your agreement with the property management may require you to engage in mediation or arbitration prior to, or instead of court action. If so, then you may need a lawyer to represent you. Based upon what you describe, you appear to have a pretty solid complaint. The issue will boil down to whether or not the maintenance fees were actually paid timely, and whether or not the property management failed to account properly for those fees.

Those are the options. Hope this helps.
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34111
Experience: Attorney and Real Estate broker -- Retired (mostly)
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