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We are timeshare holders at Sunchaser Fairmont, currently…

Customer Question
We are timeshare holders...

We are timeshare holders at Sunchaser Fairmont, currently caught up in a legal tangle with the timeshare resort manager where it appears we are to be invoiced form past unpaid maintenance fees that they linked to an upgrade project that we had no choice in but by linking the two, we are in arrears. They are trying to extort money at 26.82% compounded interest. We had always prepaid our maintenance fees yearly until they pulled this off and now, having retired with no real source of regular income, the bill has climbed to over $50,000 for us (over half is interest). We have lost our previously earned and paid for RCI points by them red flagging our account and we are at our wit's end. Where can we turn. What can they claw from us? We have no wages to garnishee, but own a house and have RRSP's (regulated and non-regulated) as well as TFSA's.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

In Canada. The resort is in British Columbia, the resort owner and manger is in Alberta and we live in Alberta.

Lawyer's Assistant: Has anything been filed or reported?

It is before courts and both BC and Alberta courts have ruled that they can charge maintenance fees and for the upgrade project. The resort manager has mismanaged the resort, prevented an Owner's Association from forming, have not filed required annual reports and financial statements on time, have unilaterally changed contracts and are not permitting cancellations as per contracts. They are seeking to force timeshare holders pay huge cancellation fees and then not pay their own share of the fees despite now owning over half of the vacation agreements themselves. They are seeking to downsize the resort and still charging timeshare holders for the full cost to upgrade the whole resort despite taking many of the buildings offline and not doing any work to them. Their costs are based on pre-construction budgets (with contingencies) to upgrade the whole resort but are simply pocketing the excesses.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's a good start.

Submitted: 5 months ago.Category: Canada Law
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Answered in 1 minute by:
1/9/2018
Lawyer: attyadvisor,
 replied 5 months ago
attyadvisor
Category: Canada Law
Satisfied Customers: 8,685
Verified

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Lawyer: attyadvisor,
 replied 5 months ago

Let me move you to Canada you are in the U.S. section.

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Customer reply replied 5 months ago
I trust you have read through our dilemma. What assets can this timeshare resort manager succeed in going after?
Customer reply replied 5 months ago
Are the interest charges legal? Can we fight that?
Customer reply replied 5 months ago
Still no response, satisfactory or otherwise. I'd like my fully refundable deposit back.
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