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Resort Laws

What is a resort?

A resort is a place that people may go to for a vacation or to relax and spend some time away from work. In most situations, individuals may have timeshares with resorts. It is important to know the various resort laws so that individuals know the rules and regulations of staying at a resort property. Given below are popular questions about resort laws that people may ask.

What can an Individual do if a Developer of a Resort does not provide him/her with the Services that were Promised in the Contract when the Property was Purchased?

If the developer of a resort does not provide an individual with the promised services at the time of purchase, the developer may be in default under the contract. As a result, the individual may file a suit against the developer for any damages on the property that were caused because of the developer not keeping his/her promise. If the judgment is in favor of the individual, he/she may have the sheriff serve a summons on the developer for debt examination. This means, the developer may have to meet a judgment creditor in court and give information about his/her assets. Once the information is obtained, the individual may garnish wages or have the sheriff seize the property.

Can the Owners of a Resort charge the Tenants for Garbage Services even if they don’t Reside on the Property all year round?

It may be legal for the owners of a resort to charge for garbage services even if the tenants do not reside on the property for the entire year. If the contract allows them to charge a fee for the services, they may be able to do so.

What can an Individual do if the Resort Owners gave his/her Room to Accommodate Handicapped People?

According to the ADA, the resort is expected to make reasonable provisions for disabled individuals. This could also mean converting some of the units in the resort to make them accessible to handicapped people. If the individual owns a timeshare in the resort, then as long as his/her time period is not affected and the individual is given a similar room, it would not be considered illegal if the resort takes an individual’s room to make accommodations for the handicapped. In such a situation, the individual may not be able to take any action against the resort.

Can an Individual Stop Paying Maintenance Fee on a Resort Timeshare?

An individual may not stop paying maintenance fee on a resort timeshare. This may have a negative impact on his/her credit and the resort may take action against him/her.

Can the HOA of a Resort Restrict the Owner from Conducting Home Business from his/her Unit?

If the property is zoned as residential, then the HOA of a resort may have a legal right to stop the owner of a unit from conducting business from his/her unit. The HOA may have restrictions from both the deed and the association and as a result, may not allow the unit owner from using the unit for any purpose other than residential.

Having information about resort laws will help individuals who either live in a resort property or have a timeshare with a resort.

Ask a Real Estate Lawyer

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Tina, Lawyer
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Recent Resort Questions

  • I live in a private community in Connecticut. There was a young

    I live in a private community in Connecticut. There was a young guy who od &died ,who was living here. his girlfriend is refusing to move out neither he nor his girlfriend(his 2nd girlfriend) have not paid any lot rent to our community in years. THe girlfriend has no claim to the home it was in her dead boyfriends name. The community was in the process of evicting the guy before he died for nonpayment of rent. Now that he is dead does the girlfriend have any rights to stay, she has also not paid any lot rent since he died. Rob
  • We used the Hero program to install turf on our property. The

    We used the Hero program to install turf on our property. The contractor of the job hired sub-contractors to do other work. At the end of the project when I had to sign off on it he told me that all their bills have been paid and there will be no leins on our property. Last week we received lein paper work from an equipment rental place with a balance of 2100.00. The contractor says it's not his problem! The sub- contractor who rented the equipment has dissppered. What can we do?
  • I am president of our small, 15 home, senior community HOA.

    I am president of our small, 15 home, senior community HOA. One of the homes has been in foreclosure and the lender is getting ready for a Sheriff's Sale. So, our HOA has been named as a defendent in the "Complaint for Deed of Trust Foreclosure in REM". The Defendant's "Interest" column for our HOA is striked out (---- ) indicating that we have no interest in the foreclosure. Four other individuals are also in the list with interest as "Intestate Successors". The HOA is owed arount $320.00 in arrears dues but this is so small that we are willing to skip the collection of this amount. We do not intend to put a lien against any sale. We also do not want to be blindsided by a lawsuit against the HOA. Question 1: Can you site any cases where an HOA was sued to recover mortgage loan losses for one individual home? Ours is a rather typical Protective Covenants and no one is signator to the mortgage loan. The property has lost value since it was purchased in 2010. Question 2: Is it considered "not a good idea" or "bad legal process" for me to contact the Plaintiff lawer and try to understand their intent? My goal would be to work with them.

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