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Own a timeshare in St that is closed for 2018 due to

Customer Question
Own a timeshare in...

Own a timeshare in St Thomas that is closed for 2018 due to Hurricane Irma

Lawyer's Assistant: Have you thoroughly reviewed the contract?

Am l still responsible for 2018 maintenance fees ?

Lawyer's Assistant: Has any paperwork been filed?

Not sure of your question

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

Just where my liabity lies as per the maintenance fees with the property closed for the year ?

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 33 minutes by:
3/12/2018
Real Estate Lawyer: Lori, Lawyer replied 4 months ago
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,107
Experience: Real Estate Attorney with over 25 years experience
Verified

Unless the property has been condemned and the property is not being managed at all (abandoned), you will have a continuing obligation under the timeshare documents to continue to pay your timeshare maintenance fees. The only other exception is if the timeshare has provided a forbearance or moratorium (abatement) on the fees because of the storm and the resulting storm damage. Is the timeshare still operating? If so, they can still enforce the maintenance fees.

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Customer reply replied 4 months ago
They are not open for business this year as they are rebuilding
Does that count as not operating ?
Customer reply replied 4 months ago
They are closed for business in 2018 as they are rebuilding
Does that count as not operating ?
Real Estate Lawyer: Lori, Lawyer replied 4 months ago

T​hey may require the payment of maintenance fees in the timeshare documents to re-build their reserves for items in the construction -- roof, windows, etc. You should check the timeshare documents to see if they allow an abatement of fee payments. Have you received a invoice or reminder statement?

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Customer reply replied 4 months ago
Their claim it is like owning a house it is a real property as you would continue paying the mortgage on a house l am obligated to pay maintenance on my unit which also is a real property
Real Estate Lawyer: Lori, Lawyer replied 4 months ago

T​hat is likely true if the timeshare documents require the payment of the maintenance fees and do not allow an abatement. Most do not provide for an abatement.

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Customer reply replied 4 months ago
I guess l am fighting this because l feel they are double dipping
Collecting insurance for the storm damage and charging me for something l can ‘t use and thus are not incurring any operating expenses because they are not open
Real Estate Lawyer: Lori, Lawyer replied 4 months ago

I​ will opt out and let another expert assist you.

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Customer reply replied 4 months ago
Okay thanks You have been very helpful !
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