10 Questions for a Timeshare Resale Broker

Transcription

TimeSharing
Today
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The Trusted Independent Voice of Vacation Ownership since 1991
Issue #103
Jan/Feb, 2009
10 Questions for a ByTimeshare
Resale Broker
Scott Kilpatrick
According to many consumer spending reports, in today’s economy, people are very cautious
about purchasing goods and services right now. The timeshare resale market is one place where
you want to ensure that your dollars are working for you. If you need to get your timeshare
property sold, here are ten good questions to ask a timeshare resale broker in order to feel more
confident that you are making a wise decision.
ness in order to employ the technology and
services to move timeshare properties on
the resale market.
1 - How long have you been
in business?
The length of time that a timeshare
resale broker has been in business speaks
volumes about the stability of their organization as well as the morality of their
practices.
5 - Can you guarantee the
sale of the property?
2 - How much have you
sold?
A good marker of success can be
established by the volume of sales the
company has under its belt yearly, quarterly or since the inception of the company. It is a good idea to ask how much
the company has sold in volume within
a time frame, or simply ask how many
closings the company has made within a
period of time.
3 - What is your incentive to
sell?
Many resale companies charge an
upfront fee to add your property to their
resale inventory. This is not an incentive
to sell, but a fee that covers items such as
advertising your property on the resale
market. A timeshare resale broker should
have a motivation, such as sales commission, to ensure there is an incentive to get
your property sold. Without it, there is no
driving force to promote your timeshare in
front of potential buyers. There needs to
be an incentive for a sales agent to solicit
potential buyers and offer your property to
those looking to buy on the resale market.
The last thing you want is your property
sitting in a resale broker’s inventory and
not getting worked.
4 - What is the size of your
sales staff?
If you have found a timeshare resale
broker that has an incentive to sell your
property, another good indication of the
potential to get your property sold will
be the number of sales agents at a resale
broker’s office. Since commission based
sales agents are motivated by a percentage
or fee awarded for each sale, a large group
of sales agents in one office is indicative
of the amount of sales and closings taking
place at the resale broker’s office. A resale
company must remain a profitable busi-
Asking a timeshare resale agent if
the sale of your property can be guaranteed is a good way to quickly determine
if the sales agent you are working with
has integrity. If the answer is “yes” to a
guaranteed sale, then you should take your
business elsewhere. There is no way to
guarantee the sale of a timeshare property.
You may encounter a money back guarantee, but be sure you understand the terms
completely and do not assume it means
you will get your money back if you’re
dissatisfied with the results you are getting. Like most guarantees, expect them to
be bound by terms and guidelines.
6 - How much of the sales
process can you complete?
The paperwork that involves recording deeds, transferring ownership, escrow,
and other documents associated with the
timeshare resale process can be quite burdensome. Determining if a timeshare resale broker handles all of the sales process
from inquiry to closing is a good indication that lends credence to their expertise,
dependability and legitimacy. Inquiring
about the sales process in its entirety will
(Continued on page 12)
TimeSharing Today
10 Questions
(Continued from front page.)
also help you determine if the sales agent
you are working with is knowledgeable in
the requirements of selling a timeshare on
the resale market.
7 - Do you offer a refund?
A good thing to determine before
paying an upfront fee is the refund policy.
Some timeshare resale companies may
charge an upfront fee that may or may not
be refundable under certain conditions.
You may have a rescission period that is
governed by state law. If you sell your
timeshare by other means while it is listed
with a timeshare resale broker, you may
qualify to have your upfront fee refunded
to you. Be sure you hold onto the paperwork to any guarantee or refund and fully
read and understand your rights.
8 - Do you have exclusive
rights to sell my property?
Exclusive Right to Sell is a very
important question to get answered. If a
timeshare resale broker has an Exclusive
Page 12
Right to Sell your property, you must
allow them to make the sale during the
contractual period of the listing. If you sell
your timeshare by other means while your
property is listed with a company that has
the Exclusive Right to Sell, you may be
required to pay a penalty or a commission
to the resale broker even if they did not
facilitate the sale of your property.
9 - How long is the sales
contract good for?
Determining how long a timeshare
resale broker is going to work with your
property to get it sold will help you determine if the upfront fee seems fair and
just. Some timeshare resale companies
may require an upfront fee for a six month
or one year contract to sell your property
while others may have a two to three
year contracts for an upfront fee. Ensure
you understand what happens when your
contract to sale ends. Some resale brokers
may require another full upfront fee, while
others may give you a discount to extend
the contract for another year or more.
Jan/Feb, 2009
10 - Are you licensed to
sell?
Resale brokers must employ Licensed Agents or Licensed Realtors who
are governed and bound by regulations
that ensure their sales techniques and
processes take place within legal and
ethical guidelines. By utilizing a resale
broker who uses licensed agents, you
have the rules and regulations dictated by
a higher authority on your side. If a resale
company does not have licensed Agents,
it is an advertising company, which is not
permitted to negotiate on your behalf but
can only forward any offers to you.
If you are considering selling your
timeshare, getting answers to these questions will be a responsible course of action. By getting these important topics addressed before you pay an upfront fee, you
will have the criteria available to make an
informed decision about selecting a timeshare resale broker. It is equally important
to have these points addressed in writing;
no timeshare resale broker should get an
upfront fee until you have the terms and
agreements, in writing, in hand.
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Page 3
Sep/Oct, 2008
Use a licensed broker
The suggested questions in the front page article provide a helpful guide for
selecting a broker to handle the resale of your timeshare when you decide that you
have more weeks than you need. While some brokers may disagree with a few of
the comments related to each question, no one can seriously argue with the need to
use reasonable diligence in selecting a broker to resell a timeshare week.
When you are ready to sell, consider one of the licensed resale brokers who
advertise in this magazine with display or classified ads. In addition to finding them
through their advertisements, you can consult the directory of about 25 licensed
resale brokers that we publish several times a year, with brief summaries of their
fees, services and areas served. Almost all of them work on a commission payable
when the week is sold.
How valuable is the information in the directory? One of our subscribers has
reported that she received a telephone solicitation offering to provide a list of eight
(8) licensed timeshare resale brokers who would work only on commission, without
an upfront fee. The cost of the list: $299.
We frequently get emails asking if we heard of a particular company, usually
one that has solicited a seller and requested an outrageous fee with a promise to
sell the timeshare for an unrealistically high price, sometimes to a “buyer” who
disappears after the fee is paid. In our recent resale survey, every single seller who
fell victim to one of these pitches reported that no sale resulted. We can’t say this
often enough or strongly enough: do not waste your money paying a large upfront
fee to an unlicensed “broker” who promises to sell your timeshare at a price that
you know is significantly higher than the prices advertised here.
Deedbacks make sense
In the Letters to the Editor section, the Director of Owner Relations at two resorts
complains that companies who charge a fee to take over an owner’s maintenance
fee obligations frequently ignore the payment obligations, forcing the resort “to
go through a costly foreclosure process to obtain ownership of the week and try to
sell it.” We have a better idea, one that has been advocated from time to time in
letters and articles during the past few years: If an owner has gotten usage from a
timeshare week over the years and finds it difficult to resell, the resort should ac
cept a deed back from an owner who is ready to surrender ownership rights without
compensation.
This becomes a win-win situation; the owner doesn’t pay a company several
thousand dollars to have the week taken off his or her hands, and the resort doesn’t
have to go through a foreclosure proceeding to reclaim title. Instead of having a
week that is accumulating unpaid maintenance fees, the resort has the week avail
able to rent and can get it quickly into the resale market. Resorts resist taking back
deeds because they feel they can keep collecting maintenance fees from owners
who no longer need their weeks. But that policy eventually backfires, as indicated
by the letter on page 5.
Misleading sales tactics
Recent actions against prominent developers by state Attorney Generals in
Pennsylvania and Missouri are described in the article on page 35. We had hoped
these high pressure and deceptive sales practices would become a thing of the past,
but that hope has not yet been realized. However, the penalties described in the
page 35 article, and the $1 million punitive damages judgment (page 23) may have a
deterrent effect on other timeshare developers’ sales techniques. Perhaps not in this
tough economic climate, as developers need to push harder for sales. But eventu
ally, as timeshares continue to become a more commonplace vacation option, we
may find them sold in a far more relaxed setting, where buyers can make a decision
without being subjected to undue pressure and misstatements.
TimeSharing Today
Page 4
Jan/Feb, 2009
Letters to the Editor
Multiple resorts on
same property
I read the article on the couple who
stayed at the Villas on the Green (at the
Lawrence Welk Resort) in theJul/Aug issue. It made me curious so I looked up the
reviews on Timeshare Users Group, and
quickly found that this is a lockout resort
with a rating of 7.75. The unit they had
was the smaller of the 2 sides and, since
it is the “second” bedroom side, has twin
beds and less kitchen facilities.
The original resort, Lawrence Welk
Resort has a TimeSharing Today Resort
Report Card rating of 9.3, but only has
2-bedroom units. I’ve also started doing
searches with the resort name and “reviews,” which will usually bring up Tripadvisor and Yahoo, but the reviews don’t
always break out which resort if there are
multiple resorts on the same property.
I notice that the actual Welk site is
very lacking in breaking down what is
on the property. Since it is listed as Welk
San Diego, you might be led to believe it
is in San Diego instead of over the hill and
north of the city.
Bruce Johnson
Confidential list
With regard Bob Wayland’s article
in issue #101 (The Devil’s Advocate), I
strongly disagree with his statement that
the timeshare resort should provide a list
and address of owners and that a sure sign
that something is wrong if you encounter
problems getting the list. As the Business
Manager (and also an owner) at an ownerrun Resort for the last 30 years, I have
been instructed by the Board of Directors
to never to give out the names, addresses,
etc. of the owners to anyone other than
themselves. If the list should fall into (let
us just say “unscrupulous”) hands and the
owners started getting solicitations, calls
etc., the Board would be subject to legal
action from the owners. The owner list is
held in strict confidence.
Name not provided
Maui tax on tourists
I had a month of timeshares in Maui
since the 1970s as well as several condos
that I owned. In recent years, the Maui
tax on timeshares has gone up substantially and now amounts to the majority of
the maintenance fees. I am tired of the
Relax! In 3 hours, you’ll know all about the special timeshare deal
we’re offering on this flight only. You’ll get your free gift when we land.
discrimination of the Hawaiian government’s prejudicial policies against tourists. Taxes are not the only way Hawaiian
government entities act against the tourists that provide their bread and butter.
Some officials I spoke to just laughed
and smugly said they had me (us), and
there was nothing I could do about it. I
sold out.
Ricky Davidson
Disappointment in RI
Our arrival at The Wharf in Newport,
RI was a sort of “you’re here.” The next
desk was over crowded with employees.
We were issued our keys and told the location of our accommodations. We finally
found the unit; it had an outdoor entrance
and no close parking. (Employees using
all open spaces?)
We got into the apartment and what a
sight: old furniture, an upstairs (which we
had not been informed about), no chairs in
main bedroom, no hangers in the closet.
We put our groceries away and found
out there was no place but a long couch
for non-perishables. No coffee maker,
no work space, loads of unnecessary
dishes and unusable pots and pans. Then
I tried the TV; it would not turn on with
the remote and all channels were fuzzy.
The remote worked but not for power
on or off.
We called for a coffee maker and soon
were delivered an old used dirty coffee
maker. The further we went, the worse
it got. No instructions on how to use the
hot tub. OK then we were ready to accept
the lack-of shortages, etc., when we found
there was no can opener.
We had no idea where any of the
pools, etc., were located, but if we wanted
to use them, we had to go outside, across
the parking lot, to get there and then found
the door was locked, leaving us out in
the cold.
I cannot say anything good about this
place. Even the sales people couldn’t give
us any advice except “here are your free
meal tickets.”
I have 536,000 plus points, but this is
the last place I would go or recommend.
Howard Marshall, Parkville, MD
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TimeSharing Today
No tax benefits
In June, 2008, we went through what
came across as a very credible presentation
about the resale of timeshare interests and
how difficult it is to resell them because
nobody wants to pay any amount close
to what you’ve put into it, and there are
so many units/weeks wanting to be sold.
We paid a substantial fee for a company
to take a couple of timeshare interests “off
our hands,” and while the paperwork to
transfer the timeshare week owned solely
by my husband came through relatively
quickly, we’re still waiting for the paperwork on the one we owned jointly.
What it apparently boils down to is
that the only real incentive this company
offered was the “fact” that we could take
credit on our tax returns for the next 7
years for the capital loss we will have
suffered by not being able to recoup our
purchase price for each timeshare interest.
Only recently, I contacted our tax preparer
to verify that fact, and he sent me an article
that disputes that very point: because the
timeshare is a personal asset and not a
business asset, we cannot deduct the loss
from the sale/transfer.
So, basically, this company lied to
us about the “benefit” we could receive
from handing over our ownership to it;
and, they did so in order to induce us to
part with our money. (I feel so stupid,
as we’ve been suckered like this before,
only not to this extent!). Of course, one
has only a short amount of time to decide
whether or not you want them to handle
it for you (because they have “another
group of potential suckers waiting in the
wings”), and that alone should have been
our cue to not pursue it.
But, we’re gullible; and there seem
to be so many unscrupulous people out
there waiting to take advantage of gullible
ones like us!
Name not provided
Editors note: Here is an excerpt from
a response by Dave McClintock, CPA,
that was published in the last issue: Some
of these companies tout that if an owner
purchased a timeshare with an investment
intent, the loss on the sale of the timeshare
(i.e., the timeshare cost and their $2,500
fee) is deductible. In fact, a loss on the sale
(including the $2,500 fee) is almost never
deductible. If you or friends or relatives
occupied or exchanged the timeshare or
even if you never used it, the timeshare
Page 5
constitutes a personal asset, just like
your car, your primary residence or your
TV set. And just like sales of those other
personal assets, any loss on disposition is
not deductible. The actual use of the timeshare is what controls the loss treatment,
not your “investment intent.”
The single exception would be for
a timeshare that you rented to others on
a regular basis - for at least the last two
years before disposing of it. In that case,
you should have a deductible ordinary
(not capital) loss on sale. However, the
loss is limited to the resale value (not
your original cost) of the timeshare as
of the date you converted the timeshare
from personal to rental use. That resale
value, if you couldn’t sell it, is probably
quite low, meaning that your taxable loss
would be negligible. The disposal fee
($2,500) would not be deductible even in
this situation.
****
From the Resort/Association perspective, this practice is hurting delinquency
rates and incurring legal costs. Many of
these companies have obtained weeks
through buyout situations and abandoned
Jan/Feb, 2009
the inventory when they could not quickly
resell:
I have a copy of an Agreement made
with a former owner at Falcon Point Condominium Association. In 2006 the owner
paid $2,499.00 to have a company take
over his week. Today, that company is
carrying a delinquent balance of $1,441.88
and we cannot locate any representative
from the business. The only option the
Association has is to go through a costly
foreclosure process to obtain ownership
of the week and try to sell it. The average cost of foreclosure is $1,400. This
means the Association’s liability for this
one buyout is $2,800+. This is only one of
many weeks abandoned by the “buyout”
practice.
This is a huge problem and I appreciate you for gathering information. I hope
TimeSharing Today will go forward to
ARDA and any other avenue that could establish regulations against this practice.
Jane Mastenbrook,
Director, Owner Relations,
Eagle Point and Falcon Point
Condominium Associations
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TimeSharing Today
Page 6
Three Wyndham Discoveries
Wyndham had a discovery program for those trying to “discover”
if a purchase with that company was
a possibility. Their mistake was in
limiting properties to those low on
the desirability list. We purchased
300,000 points which we then spent
on three exchanges: Durango, CO; St.
Thomas, VI; and New Bern, NC.
After spending a week at each,
none of these convinced us to invest
in a Wyndham property.
The Wyndham Durango timeshare, in Southwest Colorado and
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just a short drive from the spectacular
Mesa Verde National Park, was well
situated in the community, but as a
converted Best Western Motel, the
unit was cramped and too small for
more than two people. The “Sleeps
Four” description was a myth. The
only “activity” provided was a sales
presentation by a local candle merchant.
The New Bern Fairfield Harbour timeshare was spacious, but in
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Having trouble getting an exchange?
TradeWinds Cruise Club has taken luxury sailing yachts, scrumptious
and beautifully presented dishes, invigorating long drinks and added
just a splash of timeshare to make the most exotic Caribbean Cocktail
on the turquoise ocean.
If you can’t get an exchange to TradeWinds Cruise Club, here’s another
chance. For details please write to [email protected]
See you in paradise – soon!
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Jan/Feb, 2009
a location so remote that a rental car
was a necessity. On a technical note,
the address listed on the directions provided turned out to be the Post Office
where Wyndham gets its mail, with the
result that our GPS dumped us several
miles from our true destination near
midnight, after a cross-country flight
and a three-hour drive from RaleighDurham airport. Hauling luggage up
three flights of stairs (the property is
on stilts due to its hurricane-prone
location) encouraged us to stay on the
ground. Having laundry stolen from
the third floor dryer made us a bit
suspicious about security. Surely none
of our fellow Wyndhamites were that
desperate for a half-load of California
underwear!
Bluebeard’s Beach Club on St.
Thomas was the lowest point on our
discovery journey. The aging property
was overdue for a face lift. The step
down from bedroom to bathroom was
poorly placed and dangerous (a lawsuit waiting to happen). According to
the posted floor plan, our bed was in
the middle of the dining room! The
only free transportation provided
was a taxi to another Wyndham resort for what turned out to be a sales
presentation. (Surprise!) A rental
car necessitated driving a left-side
steering wheel on the left side of
winding, hilly, narrow roads. Taxis
were very expensive and there were
no buses. A trip to a distant grocery
store cost $26. The one bargain, a
lunch barbeque, was called off due
to an 8 a.m. rain squall which was
only a faint memory by lunch time.
Who would ever want to return?
Needless to say, Wyndham’s Discovery Program no longer exists.
It may well have discouraged more
clients than it created future sales. We
would have been better off putting our
money into a timeshare advertised in
TimeSharing Today’s classified section!
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Reports and much more
TimeSharing Today
Page 7
Ron’s Select Holidays
By Ronald G. Helms
Centerville, OH
The Land of Canaan:
Adventure and Nature
A previous review of The Land of
Canaan in TimeSharing Today (issue
38), while generally positive seemed to
provide a rather diffident review of this
mountain treasure.
We own ten weeks of timeshares, including Marriott at Hilton Head and West
Palm Beach. Our twenty-five years of
timeshare ownership have provided tony
lodging for city business trips as well as
elegant personal holidays. We find that a
carefully selected Marriott trade offers a
soignée sojourn.
However, The Land of Canaan (www.
landofcanaan.com) located in Canaan Valley, West Virginia, is a source of enrapture
to those who seek to seek mountain adventure and the ardent pursuit of natural
beauty. Canaan Valley is not for the disingenuous traveler. For those who prefer
Disneyland, Myrtle Beach, Pigeon Forge,
and the ilk, Canaan Valley offers an alternative: appreciation of natural beauty.
The Land of Canaan check in procedure is as simple as a hotel check in. The
Land of Canaan eschews high-pressure
sales tactics of other timeshares (no
obnoxious sales presentations or useless
premiums are proffered), and the staff is
able to recommend fine dining establishments as well as local sandwich shops.
Local staples, groceries, and spirits are
within a few minutes’ drive, and full scale
grocery and traveler’s supplies are located
in nearby Davis.
The Land of Canaan offers a townhouse with two bedroom units that have
been recently remodeled. A stone fireplace
(gas or log) is located in the living room
and dining area. Amenities include full
size washers and dryers and large, home
sized, fully equipped kitchen. The living
room features a DVD and VHS. Sliding
glass doors lead to a wooden deck that
offers panoramic mountain and valley
views. Problematic for the digiterati is the
lack of WiFi in each unit, but the office has
WiFi, and cellular connectivity is fine.
Canaan Valley is located in the Potomac Highlands of the Allegheny Moun-
tains. The resort features two ski resorts
within minutes, and more advanced skiing
is located at nearby Wisp in Maryland and
Snowshoe located south of Elkins. Numerous high adventure activities include
mountain biking, hiking, white water rafting, mountain zip lines, horseback riding,
and all the expected resort activities.
Canaan Valley offers an upscale
second home development for some
families who know the secret of a civilized
vacation village near the East Coast. The
Land of Canaan timeshare resort provides
a serene alternative to renting a home in
the mountains.
A premier Canaan Valley Resort offers fine dining, golf, tennis and standard
resort activities. Nearby Davis offers two
unique artisan shops and is the gateway to
Black Water Falls Resort.
Canaan Valley is a relatively easy
drive from the tidewater and from the
Midwest, but one must invest some time
in locating the optimum routes. If one is
prepared to navigate, the access to Canaan
Valley is a very pleasant experience. The
Land of Canaan is a gem, and a four-season resort for a select clientele. Make no
mistake; Canaan Valley is not a wilderness
outpost. The Timberline Resort development is the site of $500,000 homes placed
discretely in a natural setting. Other home
and condo developments provide second
homes for almost any budget.
Dolly Sods is literally in the backyard
of The Land of Canaan. This Canadian or
Alaskan tundra experience is a mystery to
most tourists, but if a few days of backpacking are scheduled, Dolly Sods may
require a U.S. government permit as well
as a four by four vehicle. The ubiquitous
beauty of this special area is reserved for
the truly adventurous.
Jan/Feb, 2009
The Fairfax Stone is legendary.
This stone is located at the source of
the headwaters of the Potomac River.
The Fairfax Stone marked the western
boundary of land granted to Lord Fairfax
by the King of England in the 1700s. In
1910, The Fairfax Stone marked the final
state boundary between West Virginia and
Maryland.
Almost within a stone’s throw from
the Fairfax Stone is a modern field of
windmills. Whoever though that the infamous black carbon coal mines of WV
would be replaced by the green windmill
farms?
The Land of Canaan is located at
3,200 feet and the ski mountains extend
to 4,000 feet; the weather is very unpredictable, and winter storms can deposit
12 – 16 inches of snow within a few hours.
Spring and fall offer much solitude. We
have been frequent visitors to Canaan
Valley and Black Water falls for over fifty
years. The flora and fauna of this area are
very special.
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TimeSharing Today
Page 8
Jan/Feb, 2009
FOCUS ON: Sheraton Desert Oasis, Scottsdale, AZ
By Susan/Elliot Miller, Elkins Park, PA
We arrived in Phoenix, AZ on Friday
afternoon, along with 250,000 other people. We came to Phoenix for a wedding;
they all came to Phoenix for a NASCAR
race. The airport provided clear directions
to pick up our baggage; then we boarded a
bus to the off site location of the pavilion
where all of the rental cars were located.
We paid for the car and were directed to
the parking garage where we were told
to “pick out any car in any of the 2 aisles
over there.” We picked out a brand new
Ford Mustang after we were told we had
a free upgrade. It was a smooth entry to
our vacation; we were on the road within
an hour of landing.
The traffic between Phoenix and
Scottsdale, where our timeshare was located, was another story. It took us an hour
to travel the 25 miles to Sheraton Desert
Oasis at exit 35 on the 101 Freeway. When
my husband got out to check in, he was
informed that our room wasn’t ready, but
we would be able to check into a different
room. The check in personnel described
the rooms and location, and within minutes we were issued our keys and offered
a welcome packet. The concierge spent
about 30 minutes with us, providing us
with maps, directions and suggestions for
the closest supermarkets and restaurants.
Of course, there was the requisite offer
for the timeshare presentation which
we accepted and booked. Following the
presentation, we were rewarded with a
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$50 dollar check, discounts on our trip to
the Grand Canyon as well as coupons for
several restaurants in the local area.
After checking in, we were anxious
to get to our unit and unload the car. We
found ourselves in an optimal location
on the 1st floor and 2 units away from the
pool. We were pleasantly surprised when
we entered the unit, it smelled and looked
spotless. There was a small shelf with a
decorative basket in the entryway of the
unit; I felt it was located in the perfect
place to put the car keys and room keys.
To the right of the entryway behind a
diagonal wall was the full kitchen and the
washer/dryer. The kitchen was separated
from the glass covered table and 4 chairs
by a raised granite topped counter. The
living room was nicely appointed with
a large easy chair and a queen-sized pull
out couch. There was a large screened TV,
VCR and tape deck in a large entertainment center in the living room, as well. We
always find the lighting to be sub-optimal
when we are vacationing and were pleasantly surprised to find 3-way lamps in the
living room.
We were surprised, not so pleasantly,
that there was not any Internet connection
in the unit. There was a Wi-Fi connection
in the Clubhouse at a cost of $5.95 per day;
or $21.95 per week – both with a one time
set up fee of $2.00.
The bedroom had a king size bed,
with plenty of pillows, and a 2 person
whirlpool bathtub in the room. The TV
was hidden in a lovely cabinet that had
2 drawers for storage. The bedside tables
were large enough for my husband’s
sleep apnea machine, and above each
was sconce lighting. The 2 bathroom
sinks were separated from the toilet and
TimeSharing Today
shower area by a pocket door. There was
generous sink top space for storage of
toiletries – a hair dryer in the cabinet,
as well as plenty of toilet paper. The
large travertine shower stall had great
water pressure – 2 shower heads, one
with massage action. The bedroom and
living room both had gas fireplaces –
needed only one night during our early
November week in Scottsdale.
We found daytime temperatures to
be very pleasant – varying from 75 to
80 degrees. We visited Taliesin West, the
Grand Canyon and Sedona during our
stay. Sedona was a highlight, especially
because of our Jeep ride to view the
spectacular red rock formations. Our
tour guide, Storm, grew up in Sedona
and provided local flavor – she sounded
and dressed like a cowgirl.
The drive back to Scottsdale on
Route 89A over the Mingus Mountain
was breathtaking. The 2 lane road had
plenty of switchback curves and took us
through Jerome, formerly a ghost town,
but now a charming arts community
perched on the side of the 6,000 foot
Page 9
Jan/Feb, 2009
maculately maintained. The only complaint we witnessed was by someone
who had a little too much contact with
the birds in the outdoor café. Later that
day, I took advantage of the concierge
services at the resort by asking them to
recommend a local spa where I could
receive a massage. Not only was one
recommended, but the concierge made
an appointment for me and provided me
with a discount coupon. It was one of the
best massages I’ve ever received!
Sadly, our trip was over before we
had opportunities to exhaust the sightseeing possibilities and take advantage
of the amenities at the Sheraton Desert
Oasis. There was a lovely pool, with a
“red rock” waterfall created out of cement under which there was a Jacuzzi.
While there was plenty of outdoor
seating around the pool, in the late
afternoon when it started getting cool,
it was difficult to locate chairs in the
sun. All in all, this was one of our best
experiences trading our home timeshare
in Lake Buena Vista, FL and securing a
comparable trade.
high mountain.
The tour of the Grand Canyon was
through Arizona Land Tours. We felt
somewhat misled by the promises that
the timeshare resort hosted about this
tour. It was a very long ride to the Grand
Canyon – the van was fairly uncomfortable and cramped. If we were to repeat
this trip again, I think we would probably stay overnight in Sedona to cut
down the number of hours in the car.
We booked our tour of Taliesin
West on our own – it was well worth
the $45 per person for the 3-hour guided
tour that included tea and snacks in the
dining room. We met several speakers
during our tour who knew and worked
with Frank Lloyd Wright – his presence
certainly came alive for us.
We ate lunch one day at the Arizona Biltmore Hotel in their outdoor
café – an expensive fare, but with lots
of ambience. The Biltmore has lots of
pictures of the rich and famous who had
vacationed there in the past. It was one
of the most well appointed hotel lobbies
we had ever seen; the grounds were im-
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TimeSharing Today
Page 10
Jan/Feb, 2009
How Developers can regain control of an Association
and what you can do to prevent it
By Walter Anderson
One of the main values of timeshare
ownership has always been that, ultimately, the individual owners controlled
the operation of the properties when they
elected a majority of the members of the
Board of Directors. The owner-elected
Board then makes decisions related to
the maintenance and operation of the
property, including determining what the
maintenance fees would be and, most
importantly, monitors the financial aspects
of the resort.
The Board elected by the individual
owners is in a position to protect the individual owner’s rights when the Developer
or Management Company is not performing. Clearly, without this oversight, the
Developer or Management Company is
free to do whatever it wants.
There is little question that a Developer should be able to control the manage-
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ment of a resort during the selling phase
to ensure that the resort is operated in a
manner that allows him to sell what he
created. Most Master Deeds and Bylaws
provide that the Developer can elect the
Board of Directors until all but a few of
the units are owned by him. Some states,
such as Florida, have enacted laws require
the turnover of control to the individual
owners as the property is sold, with a final
time period for transition.
Without owner oversight, the Developer/Manager is free to use Association
funds to upgrade and maintain portions
of the property used for sales that an
owner-controlled Board might recognize
had no reasonable benefit for the existing
owners.
Without oversight by an ownercontrolled Board, a Developer can change
all the signage on a property to reflect
a change in ownership or name of the
Developer and charge the cost (which
can be many thousands of dollars) to the
Association based on the premise that the
signs are on Association property.
Without oversight, the Association’s
insurance can include coverage, with
its related premium, for materials and
activities, including business interruption insurance and building contents that
would not be on the site if it were not for
sales activity.
Without ownership control of the
Board, the owners who are paying the
maintenance fees do not have control
over how their money is being spent or
how their resort is being maintained and
operated.
What is of even more concern are
Developers who seek to regain control
by electing owners who are disinterested,
or worse, the Developer’s employees. If
the Developer/Management Company’s
activities are being questioned by the
owner-controlled Board, the Developer/
Management Company may move to
remove the Board rather than address
the issues.
There have been a number of ways
Developers regained control of a Board
even when they did not have a majority
of the Board. These include:
1. Having the proxy state that “If no
name is given on the proxy, the Management Company or Developer will have
the proxy for the owner and can cast the
owner’s vote as it chooses.” Since there
are generally many more proxies submitted than owners attending Annual meetings, this provides the Developer/Manager
with an overwhelming number of votes.
2. At the time of purchase, have the
new purchasers sign a long term proxy to
the Developer. The Developer can then
cast the owner’s vote as it chooses until
and unless the owner issues a new proxy
or attends the meeting.
3. The Developer/manager creates
a proxy that states that “this proxy can
only be used for determining a quorum.”
Because the Developer generally will have
several hundred voting interests, either
through purposely retained unit/weeks
or mortgage foreclosures, the Developer
can have a majority of the votes of those
present at the meeting. Even if there are
several thousand proxies given to the
owner-controlled Board that would vote
for owner representation on the Board,
these votes cannot be counted, and the
Developer can select owners or employees
that they have undue influence over.
4. A number of Developers are contacting fixed week owners and converting
them into Club Programs and, as part of
the conversion process, the owners are
assigning their voting rights to the Club
or, in some cases, deeding their ownership
interest to the club. The Developer then
uses the votes assigned to the club to elect
a Board of its choosing.
5. A Developer of a points program
declares that it has one vote for a relatively
small number of points or the smallest
points package being sold, when the provisions of the Documents provides that each
purchaser has only one vote regardless of
the number of points. This can create a
situation where the Developer has many
times the voting power of an owner for the
same number of points owned or percentage of ownership of the resort.
6. The Developer obtains unit
weeks that have delinquent maintenance
fees from the Association and instead of
selling them, puts them into a club and
retains the voting rights. If the Developer
www.tstoday.com for back issues, message boards, Special Reports and much more
TimeSharing Today
Page 11
obtains voting rights of 51% of a quorum of the owners (which
can be as little as 8% of the ownership), they may be able to
elect their own staff to the Board unless a large percentage of
the owners return their proxies and assign their voting rights to
the owner-controlled Board.
There would be little to say if a Developer had a majority
of the total ownership interests in a resort. In that situation,
the Developer would have every right to elect a majority of the
Board Members. But, this is not what is happening. Because
the quorum of members of Timeshare Associations is generally
low, often at 15% or less of the membership, a Developer through
the methods above, can have the majority of the votes at a meeting while actually owning only a small percentage of the total
ownership himself.
There are several things that an owner-controlled Board
can do to protect the owners against having a Developer retake
control of the Board from the individual owners.
1. The Developer/Manager should not be able to manipulate the owners to their benefit by modifying the proxy. The Board
should pass a resolution that the proxy format must be approved
by the owner-controlled Board. The Board can then specify that,
if no name is filled in on the proxy, the Board will have the right
to vote the proxy. The proxy must also not have a provision that
restricts its use to just being used for obtaining a quorum.
2. The Board can also make a concerted effort to get the
owners to all send their proxies back in to the owner-controlled
Board. This can be done with the notice of the annual meeting
and in newsletters and other mailings.
3. Contact all owners and inform them that if they are
considering converting their ownership interest into a club
program, they check to determine if they are giving up their
voting rights. Further, advise the owners that they should take
into consideration, when joining a club program which does not
let the members retain their voting rights, that they are giving
up any oversight protection they had and are relying on the Developer (and any other entity to which the Developer sells their
club) to maintain and operate the Club with no oversight by the
members.
4. Have the Association attorney review the documents
and ensure that the meeting and notice is proper and correct and
retain all voting rights with the owners.
5. Have the Association attorney attend the meeting. This
can protect the Association from the Developer/Manager seizing
control from the owner-controlled Board with a questionable interpretation of the documents or state statutes. Once a Developer/
Manager regains control of the Board and Association funds, it
can be very difficult for the owners to again control the Board
without expensive legal action.
It should be remembered that once an individual purchases a
timeshare interest whether it is a unit week or points or some other
variation of ownership, it is no longer the Developer’s property,
it belongs to the individual owner and not to the Developer. The
owners should be the ones who determine which owners will
represent them as Board Members. Any attempt by a Developer/
Manager to regain control of a Board through manipulating an
election raises the question of the Developer/Manager’s motives
and the ethics they are exhibiting.
Jan/Feb, 2009
TimeSharing Today
®
Page 13
RESORT REPORT CARDS
Ratings are based on a scale of 1 to 10, with 10 being the best.
Jan/Feb, 2009
Report Card ratings for each resort are
averages based on a significant number
of reports received from readers.
DESERT BREEZES TIMESHARE RESORT
Palm Desert, CA
8.7
HARBOR RIDGE
Southwest Harbor, Maine
9.2
Amenities and activities at resort: Pools, tennis, game
room, exercise room, basketball, internet access, laundry
facility, bicycles, hot tubs, BBQ grills, putting green.
Amenities and activities at resort: Tennis, game room,
fitness center, playground, hot tub, indoor pool, orientation
breakfast, horseshoes, grills, picnic tables, internet access,
games, welcome party, scavenger hunt, gift shop.
Amenities and activities nearby: Golf, hiking, shopping,
art galleries, tram, horseback riding, live theater, hot air balloons, water park, restaurants, Joshua Tree National Park,
casinos, rock climbing, Living Desert Museum.
Amenities and activities nearby: Hiking, restaurants, art
gallery, museums, fishing, horseback riding, golf, shopping,
Acadia National Park, ocean, whale watching
Unit: Furnishings: 8.8
Cleanliness: 8.8
Kitchen inventory/appliances: 8.8
Maintenance: 9.1
Construction quality: 8.9
Amenities and activities: At resort: 8.0
Nearby: 9.9
Suitable for: Young children: 7.2
Pre-teens: 6.9
Seniors: 9.0
Teenagers: 7.1
Handicapped: 8.7
Resort: Restaurant facilities: NA
Convenience store: NA
Grounds and maintenance: 9.5
Security: 9.4
Staff: 9.1
General hospitality: 9.1
Exchange affiliation: RCI
Cleanliness: 9.4
Maintenance: 9.1
Nearby: 9.4
Pre-teens: 8.0
Seniors: 7.6
Teenagers: 8.3
Handicapped: 6.0
Security: 6.8
Staff: 9.7
Exchange affiliation: II
Comments: Convenient location to the many area attractions. Beautiful grounds. Spacious units with fireplace.
Comments: Excellent location for exploring this slow-paced
area. Units have 3 floors.
THE HOUSES AT SUMMER BAY
KISSIMMEE, FL
9.3
MARRIOTT’S TIMBER LODGE
South Lake Tahoe, CA
8.3
Amenities and activities at resort: Private screened pools,
entertainment, exercise equipment, tennis, live music, lake,
game room, playground, fishing, miniature golf, paddle
boats, jet skis, basketball, Bingo, children’s program.
Amenities and activities at resort: Outdoor pools, hot tub,
exercise room, movie nights, welcome reception, ice rink,
lake, beach, ski lift, skiing, internet access, valet parking.
Amenities and activities nearby: Disney World, Sea
World, Universal Studios, shopping, restaurants, golf.
Amenities and activities nearby: Casinos, hiking, sight
seeing, boating, restaurants, shopping, skiing, lake, cruises,
sleigh rides, fishing, skating rink, golf, biking, theater.
Cleanliness: 9.2
Maintenance: 9.1
Nearby: 9.1
Pre-teens: 9.0
Seniors: 9.4
Teenagers: 9.0
Handicapped: 9.0
Resort: Restaurant facilities: 6.5
Convenience store: 6.3
Security: 8.3
Staff: 7.9
Exchange affiliation: RCI
Cleanliness: 9.7
Maintenance: 9.3
Nearby: 9.6
Pre-teens: 8.3
Seniors: 9.0
Teenagers: 8.7
Handicapped: 7.9
Security: 9.4
Staff: 9.7
Exchange affiliation:II
Comments: Units are private stand-alone houses with two
master bedrooms with whirlpool tubs, third bedroom, garage, pool, washer/dryer. Houses beautifully decorated.
Comments: Many activities available within walking distance of resort. Diverse activities; something for everyone.
Resort adjacent to ski lifts. Fee for car parking.
TimeSharing Today
®
Page 14
RESORT REPORT CARDS
Ratings are based on a scale of 1 to 10, with 10 being the best.
Jan/Feb, 2009
Report Card ratings for each resort are
averages based on a significant number
of reports received from readers.
FIESTA AMERICANA VACATION CLUB
Cancun, MEX
8.4
PEPPERTREE ATLANTIC BEACH
AlantIic Beach, NC
7.6
Amenities and activities at resort: Pool, beach, spa,
snorkel/scuba instruction, fitness center, pool games, bingo,
playground, nanny service, concierge, maid service.
Amenities and activities at resort: Pools, game room, fitness room, tennis, playground, beach, crafts, beauty salon,
grills, beach, planned activities, bike rentals.
Amenities and activities nearby: Restaurants, nightclubs,
shopping, buses, water sports, fishing, nature tours, Mayan
ruins, golf, boat cruises, water park.
Amenities and activities nearby: Restaurants, beach,
state parks, historical sites, bird watching, fishing piers,
boat rentals, shopping, water sports, sailing, jet ski rentals,
bars, go carts, golf, art galleries, aquarium.
Cleanliness: 9.0
Maintenance: 8.8
Nearby: 8.6
Pre-teens: 7.6
Seniors: 8.0
Teenagers: 7.5
Handicapped: 7.1
Security: 9.0
Staff: 9.5
Exchange affiliation:RCI
Comments: Older well maintained facility. Resort not
handicapped friendly; too many stairs. Staff is excellent
and responsive.
Cleanliness: 8.1
Maintenance: 8
Nearby: 8.5
Pre-teens: 7.6
Seniors: 7.5
Teenagers: 7.3
Handicapped: 6.6
Grounds and maintenance: 8 .4
Security: 7.8
Staff: 8.8
Exchange affiliation: II, RCI
Comments: Well kept grounds and friendly staff. Half mile
walk to the beach. Renovations being made during 2008.
SHERATON MOUNTAIN VISTA
Avon, CO
8.3
WESTGATE PAINTED MOUNTAIN GOLF
Mesa, AZ
8.3
Amenities and activities at resort: Pool, hot tubs, garage, concierge, Bingo, exercise facility, welcome party,
internet access, grills, sauna, nightly movies, sun deck,
game room.
Amenities and activities at resort: Pool, hot tub, exercise
room, playground, golf course, organized activities, sauna,
volleyball, internet access, video rental, concierge, ping
pong, shuffleboard, basketball, horseshoes.
Amenities and activities nearby: Running/bike trail, hiking,
skiing, fishing, horseback riding, golf, skating, shopping,
restaurants, ballooning, rafting, kayaking, sleigh riding.
Amenities and activities nearby: Museums, botanical
garden, casinos, zoo, golf, shopping, mountains, desert,
movies, live entertainment, restaurants, hiking.
Cleanliness: 9.2
Maintenance: 8.8
Nearby: 7.8
Pre-teens: 6.9
Seniors: 7.8
Teenagers: 7.1
Handicapped: 6.9
Security: 7.9
Staff: 8.7
Exchange affiliation: II
Cleanliness: 8.6
Maintenance: 9.1
Nearby: 8.9
Pre-teens: 6.8
Seniors: 8.2
Teenagers: 6.4
Handicapped: 7.5
Grounds and maintenance: 8 .6
Security: 7.9
Staff: 9.0
Exchange affiliation: II, RCI
Comments: Washer/dryer in units. Great views. Resort is
best during ski season or Summer. Convenient location.
Comments: Small resort being upgraded. Units are well
stocked with supplies. Central location for sightseeing.
TimeSharing Today
By W. E. (Bill) Armbruster
SPM Resorts, Inc.
The current economic situation is
affecting just about everyone in one form
or another and timeshare resorts are no
exception.
There is concern that owners
may not be able to take their vacation or pay their maintenance
fees in a timely manner if at all.
As with any challenge, careful
planning and consideration of
the needs of the individual owners can
alleviate many of the negative aspects of
a bad situation and may afford opportunities going forward.
The Association must be prepared to
cut costs if they find they are not collecting maintenance fees at the level they anticipated and/or generating income from
the sale of local event tickets or services
such as boat rentals or activities and lessons and increase rental programs.
It is important to take into consideration the owners who pay their maintenance fees and that they very much
deserve to have the quality of vacation
Page 15
they expect. It is not right to close amenities or shut down programs if it will
materially affect the vacation experience
of the dues paying owner. However; if
the resort experiences low occupancy,
Management should be able to reduce
expenses. If a resort has two heated
necessary to prevent mold and mildew
formation or pipe freezing. This can also
reduce cleaning costs.
In some situations and with the approval of the Board, it may be advisable
to spread the maintenance fee payment
over several months. While there may
be additional costs related to this
type of program, it can permit
some owners to stay current
when they otherwise would
have gone delinquent. The one
thing that must not be done is
to ignore an increase in the number of
delinquent owners. Management and
the Board must be constantly aware of
the number of delinquencies and the Associations cash flow position. Further,
while modifications to the collection
procedure may be warranted, a program
should be maintained. Failure to do so
is a recipe for financial disaster.
Every challenge brings with it opportunities. Now is a prime time to
examine the needs and desires of the
owners and the physical needs of the
resort and examine options that are
available now that may not have been
RESORT MANAGEMENT
IN DIFFICULT TIMES
pools, it may make sense to heat only
one if one can accommodate the owners
at the resort. The resort can also review
the number and type of activities offered,
if there is reduced participation it may
make sense to modify or substitute these
activities with ones that are less costly or
can provide income to the resort.
At resorts that are not fixed week or
where the owners are amiable to changing units, it may be possible to close off
sections of units at the resort during the
less popular times. This can cut down
on costs by setting heating and cooling
levels to those that are at the minimum
Jan/Feb, 2009
PROFESSIONAL TIMESHARE RESORT MANAGEMENT
WE WORK FOR THE UNIT OWNERS AND REPORT TO THE BOARD
PROVIDING MANAGEMENT FOR FIXED WEEK, FLOAT/FLEX WEEK
AND POINTS BASED RESORTS
ACTIVE ON SITE RENTAL AND RESALE PROGRAMS FOR RESORT
HOAS AND INDIVIDUAL PRIVATE OWNERS
FOR MORE INFORMATION PLEASE CONTACT US AT:
(407) 253-1789 or via email: [email protected]
SPM RESORTS, INC.
1051 SHINE AVE, MYRTLE BEACH, SC 29577
TimeSharing Today
[email protected]
Page 16
available before.
Reduction in occupancy allows
more units to be available for rental
programs. Depending on the laws of
the state in which the resort is located,
Management can enter into an aggressive
rental program. While rentals may be
down in many locations, it is important to
recognize that units in timeshare resorts
hold many advantages over standard hotel rooms. Guests who might have otherwise stayed in a hotel may likely choose
a timeshare instead if they are presented
with the opportunity. There are many
avenues both through the internet and
locally that can provide low cost advertising. This can be a significant source
of income to the resort and individual
owners that can ultimately carry into the
future after the economy returns.
Changes in owner use of the resort
can also provide opportunities. Some resorts are reporting that owners and guests
are cooking more in the units and not
going out to eat as much. Eating out is
often an important part of a vacation but
it can be an expensive one too. The resort
Jan/Feb, 2009
can help on both counts. The resort can
sponsor, evening get togethers that can
provide the owners with an opportunity
to eat out at the resort. Such meal programs as “taco Tuesday”, a pig picking,
or a fish fry can provide the guests with
a fun inexpensive outing without leaving
the resort. For resorts that do not have
on site food service, local restaurants are
often very happy to cater an event at the
resort at a very modest cost. In times
like these when mid level restaurants are
reporting significant drops in business,
this can be a very big benefit to them and
can be the basis of a long term relationship for both the resort and the restaurant.
The association can charge a modest fee
over the cost and generate some income
for other programs.
Local attractions may also be experiencing difficult economic times. This
is an opportunity for management to arrange programs with these attractions to
have special hours and fees for a resort
guest. There can be commissions paid
back to the Association for setting up
these programs where the owner obtains
a heavy discount and the resort generates
a few dollars as well.
If the resort has been prudent in collecting and maintaining reserve funds,
now may be the time to make improvements to the resort and renovate units.
Currently, many contractors and supplies
of goods and services are struggling to
make ends meet. As a result they may be
willing to provide goods and services at
extremely reasonable prices. Additionally, if the resort is experiencing a lower
than expected occupancy, now may be
the time to accomplish maintenance
work that might inconvenience owners
when the resort is crowded.
While it always important for Management and the Board to be aware of
their cash position and maintain a current updated cash flow projection, it is
particularly important in difficult economic times. The time to plan and act
is not when the resort is in the midst of
a financial melt down; it is when the first
anomalies to the budget become apparent. It is critical that both Management
and the Board review current financial
statements. It is only then that they can
take advantage of the challenges and
opportunities that are there.
TimeSharing Today
Page 17
TSToday Anywhere
Subscriber Gary Tamblin enjoys his TimeSharing Today
magazine while relaxing near the pool at the Royal Islander
Resort in Cancun, Mexico.
Jan/Feb, 2009
Carolyn Varone of Puyallup, WA, never leaves home
without her TimeSharing Today. She is reading it on the patio
of her exchange to Lake Pend Oreille Shores in Idaho.
Genevia Gano relaxes with her
TimeSharing Today on the patio of
her home unit at Lehigh Resort Club
in Lehigh Acres, FL.
Joe and Bette Jo Sobel read their
TimeSharing Today while on the patio
of their exchange unit at Marriott’s
Marbella Beach Resort in Spain.
Joseph Mack from Polson, MT reads his
magazine in front of the wind-operated generator
that provides electricity to the office and laundry at
the Windjammers Resort in Ocean Shores, WA.
Jean Clements and
her husband traded for
a week at the Ocean
Reef Yacht Club in the
Bahamas, where she
is shown reading her
TimeSharing Today.
While on exchange to Hawaii, Susan Ann Miller of
Flagstaff, AZ shows her favorite magazine to the mule
about to take her to the old leper colony on Molokai.
TimeSharing Today
Page 18
Index of 2008 Articles
Compiled annually by David McClintock as a service to fellow subscribers. A
combined nine-year index is accessible in
the Online Edition at www.tstoday.com
(Page number & month)
All-inclusive
4 Mar, 5 May
ARDA – industry statistics
33 Sep
ARDA HOA committee
4 Jul
ARDA new website
20 Nov
Ask Dave M
19 Sep, 23 Nov
Camelot, FL lawsuit1 Mar,
23 Sep
Cooperative Association of Resort
Exchangers (“C.A.R.E.”)
25 Jul
Cruise ship timeshares
24 Jan
Cruise TS – Trade Winds
36 Sep
Deed back to HOA 5 Jan, 11 May, 5 Jul
Dial An Exchange benefits
20 May
Diamond acquires Bluegreen
22 Sep
Dining Guide
40 Jan, 13 Mar
Disney FL expansion
8 Nov
Disney Hawaii expansion
22 Jan
“Greening” resort activities
35 Sep
Exchange Company Comparison Chart
5 Jan, 30 Jul
Festiva Atrium dispute
5 May
FirstAgain
4 May, 33 Jul
Handicap Accessible (RCI)
5 Mar
Holiday Inn timeshares
9 Nov
Homeowner Associations
Boards of Directors
26 Sep
Management Company
Directory
27 Jan, 20 Sep
Self management
37 Jan
Interval International
Cancellation policy
7 Jan
Independence
28 Jan, 21 Mar
Liberté Management profile
27 May
Maintenance fees vary
1 Jan, 4 Mar 25 Mar, 4 Sep
Multiple TS, owner of
7 Nov
$275
Orange Lake, FL renovation
24 Jan
Expansion in River Island
22 Sep
Platinum Interchange
7 Jan
Point systems, reviews
8 Mar
RCI Disappointment
7 Jan
Handicap accessible
5 Mar
Points, conversion to
19 Nov
Restriction against alternate
exchange companies
32 Jul
Revenues
5 Sep, 5 Nov
Success
32 Jul
Recession impact
3 Mar, 1, 3 Nov
Redweek for rentals
19 Sep
Refinance (FirstAgain) 4 May, 33 Jul
Rentals, top-rated resorts
39 Jan
Resale brokers Directory16 May, 16 Jul
Why use a licensed broker
41 May
Resale survey 9 Mar, 1, 3 Sep, 1 Nov
Resales – how to sell
23 Nov
Resort Mgt (RMC) profile
39 Jul
Resort Report Cards
Bay Club at Waikoloa, HI
15 Jan
Carriage House, NV
15 Jan
Club Ocean Villas II, MD
25 Sep
Disney Old Key West, FL
25 Sep
Escapes! Stonebridge, MO
25 May
Ft Lauderdale Beach, FL
15 Nov
French Lick Springs, IN
12 Jul
Galleria at Split Rock, PA
16 Jan
Golden Strand, FL
15 Nov
Grand Mayan, MX
15 Nov
Hilton Grand Sea World, FL
12 Jul
Island Seas, Bahamas
15 Jan
Kala Point, WA
14 Mar
Lake Placid Club, NY
15 Jan
Lake Tahoe Vacation, CA
12 Jul
Lehigh Resort Club, FL
12 Jul
Marriott’s Canyon Villas,AZ 25 May
Marriott’s Ocean Pointe, FL 25 Sep
Marriott’s Summit Watch, UT 14 Mar
Marriott ‘s SurfWatch, SC
15 Nov
Jan/Feb, 2009
Mayan Palace, MX
25 Sep
Mizner Place, FL
14 Mar
Oceancliff, RI
13 Jul, 5 Sep
Olympia Vac. Owners, WI
26 May
Palace View Spinnakr,MO
14 Mar
Paniolo Greens, HI 16 Nov
Polo Towers Villas, NV
15 Mar
Pueblo Bonito, MX
25 May
Rancho Banderas, MX
13 Jul
Samoset, ME
24 Sep
Sands of Kahana, HI
24 Sep
Scottsdale Villa Mirage,AZ
15 Mar
Sea Mist, MA
26 May
Sedona Pines, AZ
16 Jan
Steele Hill, NH 13 Jul
Tahiti Village, NV
24 Sep
Tahoe Ski & Beach, CA
26 May
Tree Tops, TN
15 Mar
Tybrisa at the Beach, GA
13 Jul
Vacation Village, MA
16 Nov
Villas on Green - Welk, CA
16 Jan
Wapato Point, WA
26 May
Williamsburg Plant., VA
16 Nov
Worldmark Pinetop, AZ
24 Sep
Worldmark Windsor, CA
15 Mar
Wyndham Nashville, TN
16 Jan
Wyndham Ocean Walk, FL 26 May
Wyndham Smokey Mts,TN
16 Nov
Reviews
Acapulco Mayan Pal, MX
5 Jan
Angel Fire, NM 6 Mar
Apple Valley, OH
27 Jul, 40 Nov
Balboa Towers, MX
26 Jan
Bighorn Meadows, BC
29 Mar
Blue Ridge Village, NC
6 May
Cabana Club, WA
23 May
Canyonview Resort, AZ
34 Sep
Costa Linda, Aruba
26 Nov
Costa Real Cabo, MX
32 Nov
Cove at Yarmouth, MA
31 Jan
Divi Little Bay,St. Maarten
26 Nov
El Cid, MX
4 Jan
Emerald Bay, MX
38 Mar
Fairfield Ocean Ridge, SC
38 Sep
Timeshare Closings
Experience.
Quality.
Service.
Providing Professional Timeshare Closing Services Since 1996
JRA Services, Inc.
www.TimeshareResaleClosings.com
(954) 718-7076
TimeSharing Today
First Fairway, TX
20 Jul
Fox Hills, WI 24 Mar, 1 8Sep, 6 Nov
French Lick, IN
11 Sep, 10 Nov
Gatlinburg Town Sq, TN
38 Sep
Golden Strand Ocean, FL
42 Nov
Grand Mayan, MX
7 Mar
Harbor Ridge, ME
31 Mar
Highlands, Resort, AZ
22 May
Holiday Hills, MO
41 Jul
Horseshoe Resort, ONT
22 May
Hyatt Piñon Pointe, AZ
17 Jan
Inn at Silver Creek, CO
39 Sep
Innsbruck Village CC, NM
6 Mar
Lawrence Welk, CA 22 Jul, 18 Nov
Logonita Lodge, CA
37 Nov
Manhattan Club, NY
24 Nov
Marriott’s Canyon Villas,CA 37 Mar
Marriott’s Custom House,MA 14 Jul
Marriott’s Imperial Palm, FL 16 Mar
Marriott’s SurfWatch, SC
38 Sep
Massanutten Shenandoah,VA 40 Mar
Mayan Sea Garden, MX
22 Mar, 24 May, 28 Jul
Mazatlan resorts
42 Sep. 4 Nov
Mountain Edge, NH
16 Sep
Mountain Loft, TN
37 May
Ocean Shores, WA
32 Mar
Pacific Shores, BC
9 Sep
Pelican, St. Maarten
11 Mar
Page 19
Pueblo Bay Mazatlan, MX
38 Mar
Royal Resorts, MX
15 May
San Luis Bay Inn, CA
5 Jan
Sea Watch on Beach, FL
21 Jul
Sedona Pines, AZ
19 Jan
Sedona Springs, AZ
17 Jan
Sheraton Vistana, FL
39 Nov
Shores at Lake Travis, TX
18 Mar
Silverleaf Hill Country, TX
8 Jan
Surrey Grand Crowne, MO
29 Nov
Tahiti Village, NV
27 Nov
Tropic Shores, FL
33 Mar, 8 Jul
Villa Vera Puerto Mio,MX
35 Mar
Vista Mirage, CA
10 Jan, 40 Jul
Westgate South Beach, FL
26 Mar
Westgate Williamsburg,VA
41 Nov
Williamsburg Plant., VA
39 May
Wyndham Ave Plaza, LA
12 Mar
Wyndham Flagstaff, AZ
21 Jan
Royal Holiday MX complaints
1 Mar,1, 10 May, 5 Jul, 40 Sep
Royal Oasis, Bahamas
25 Jan
Royal Resorts, exchange fee
21 Nov
RV compared to timesharing
12 May
Scams/schemes
Counterfeit cashiers’ checks
4 Jul
The latest
3 Mar, 34 May, 28 Nov
Shell expands in NH
6 Jul
Silverleaf expansion CO
25 Jan
Jan/Feb, 2009
Special assessments
4 Jan
SPM Resorts – profile
23 Mar
Summer Bay swap
11 Jul, 6 Sep
Tahoe Seasons special assessment
5 Mar, 4 May, 5 Jul
Tax on timeshares, Kauai
1 Sep
Tax treatment – TS disposal
4 Nov
Timeshare owners groups
30 Mar, 29 May, 26 Jul, 7 Sep
New national group
26 Jul, 3 Sep
Timeshares - How to sell
23 Nov
One person’s ownership
7, 22 Nov
TimeSharing Today
Index, 2007 articles
33 Jan
100th issue; history
1, 3 Jul
Success using ads
4 Jul, 4 Nov
Survey
9 Mar, 1 May
Trade Winds Cruise Club 36 Sep
Trading Places, profile
28 Sep
Travel tips
35 Jan, 10 Mar, 28 May, 37 Jul, 30 Sep
TRI West rental fee
5 Mar
Trusts, for ownership
5 May
Vacation Resorts Intl (VRI)
35 Nov
Windjammer Cruises – gone
33 May
Wyndham Expansion
23 Jan, 20 Mar,
20 May, 6 Jul, 21, 23 Sep, 8 Nov
Internet access
21 May
Renovation - San Fran, CA
23 Jan
TimeSharing Today
Page 20
Towards a 21st Century Exchange
By David Skinner,
President, Holiday Group
Part 1: What the Past Can Teach Us
The year was 1999 and it was all the
buzz. It spread quickly, from universities and colleges to desktops across
America. It was “techie.” It was cool.
And it . . . would set the music industry on its heels, launch a potent social
movement, and empower people in a
bold, new way.
“It,” was a simple, easy-to-use
computer program developed by
a young man named Shawn Fanning, who named it after his own
childhood moniker: Napster. Once
installed, it tirelessly roamed the
Internet in search of other Napster users to
allow them to share and download music
files, to build a community of enthusiasts,
and to never again have to shell out twenty
bucks for a music CD—and in doing so,
making history. In their own way, Fanning and the Napster network had “set
information free.”
Meanwhile, the recording industry,
already in decline, saw the looming
threat and launched a savage counterattack against Napster. It was David versus
Goliath, America’s first fully “wired
generation” versus the Evil Empire, a
faceless monolith with absolute control
of the manufacture, distribution, and sale
of recorded music.
While Napster won in the court of
public opinion, it lost in the Ninth Circuit
Court of Appeals. In two short years,
Napster went from phenom to failure,
from downloaded to downtrodden. The
recording industry, led by A&M Records,
•
•
•
prevailed on a point of law. Music, after
all, is not free; it’s copyrighted.
What has Napster to do with timesharing? Perhaps plenty. It may just be
the harbinger of a new paradigm in vaca-
tion ownership. It may point towards an
owner-empowered future, a changing of
the guard, an exchange network for the
people, by the people, and of the people. Is
such a thing possible, you ask? The answer
is yes, it’s possible, perhaps probable, and
maybe inevitable. Some might even say
it’s imperative.
If the exchange of your timeshare is
important to you, and in a recent ARDA
survey 88% of owners indicated it is, then
something like Napster or its next iteration
could be in your future. A 21st century exchange that is self-governed, transparent,
and fair, built on the principles that gave
birth to Napster—a peer-to-peer owners’
network of sharing and exchanging, a
community of timeshare enthusiasts to
never again be denied or downgraded,
and all the while making history. Yes, it’s
possible.
From his college dorm room using
off-the-shelf technology, Fanning at-
We are licensed to issue title insurance
Unlike our competitors, we are attorney owned,
ensuring your paperwork is in complete compliance
with the law
We have a network of attorneys licensed to prepare
your documents in any state
The choice is simple - choose the company
who is looking out for your best interests.
Jan/Feb, 2009
tracted a global network of people bound
by similar interests, motivated by a single
purpose, each collaborating with all for
the common good. He rocked the world.
Napster demonstrated that by coming
together we can create change, we can
level the playing field, and we can make
a difference.
In the end, Napster did make a
difference. Shortly after its demise, the
recording industry began to adapt to
this new world of connectivity. Theirs
was no longer the best means of music distribution. The degree to which
Napster contributed to this revolution
is hard to say, but it’s now possible to
download music for only $.99 a song.
And that’s something.
Making It Happen
THE TECHNOLOGY. The technology and software necessary for our
exchange system is highly complex and
multi-layered. It must be made scalable to
allow for rapid growth, robust to handle
thousands of concurrent transactions, and
built as “open source” for universal connectivity and innovation. The good news
is these technologies are currently available, demonstrable, and proven. Here are
some familiar online companies already
applying these technologies:
 Amazon sells books online as well
as provides a platform for others to sell
books.
 Expedia provides real-time travel
information and reservations in seconds.
 eBay enables price negotiation,
transfer settlement, and user quality ratings.
 Google makes key word searches,
but also measures Web site traffic.
 Facebook, the social network
site, creates communities around shared
interests.
 Wikipedia, the online encyclopedia, is collaboratively written by volunteers.
THE PROCESSES. When these
technological applications are combined
as a single enterprise system they provide
the firmament for an electronic market
to emerge. But technology alone is not
enough. Next we need to lay down the processes involved in making transactions.
At its simplest, a timeshare exchange
is a marketplace composed of owners
TimeSharing Today
making transactions and creating value.
This was reconfirmed recently by Craig
Nash, president of Interval International,
when speaking to Wall Street analysts. He
said our business “compares more favorably to the security exchanges than to time
share, lodging or online travel. Interval
is a marketplace, just like the NYSE and
NASDAQ are marketplaces.”
According to Ajit Kambil and Eric
van Heck, authors of Making Markets,
and respected authorities on electronic
markets, there are five primary processes
involved in online exchanges:
 Search processes that allow buyers
and sellers to discover and compare trading opportunities
 Pricing processes to help buyers
and sellers discover prices
 Logistical processes that coordinate the transfer of physical and digital
goods between buyers and sellers
 Payment and settlement processes
to transfer funds from buyer to seller
 Authentication processes to verify
the quality of the goods sold and credibility of the buyers and sellers
In addition, they cite five trade context processes that enhance trust among
trading parties and legitimizes the trade:
 Product representation processes
that specify the presentation of products
and services to buyers and sellers
 Regulation processes that record
and recognize the transaction within a
framework of laws and rules to signal it
as legitimate and conforming to a set of
market rules and social principles
 Risk management processes to
reduce buyer and seller risks in a transaction
 Influence processes to ensure the
commitments among trading partners
are met
 Dispute resolution processes that
resolve conflicts among buyers, sellers, and market makers such as auction
houses.
Even given the latest technology as
our foundation and with the structural
processes in place, one element is still
missing—the one necessary to breathe
life into our network.
THE HUMAN ELEMENT. Networks
may be intentionally built or, providing
the essential elements are present, they
Page 21
may emerge spontaneously. In either case,
a network must have a raison d’être, a reason to be, a calling, a compelling human
need that must be fulfilled. Again referring to Kambil and van Heck, “electronic
markets are not technological interactions.
They are human interactions supported by
technology.” What’s still missing, then, is
the human element.
In other words, before our network
can emerge, we must arise. It’s not
enough “to build it and they will come.”
But rather, like Napster, timeshare owners must come together, motivated by a
single purpose, each collaborating with
all for the common good. Only then can
we begin to create change, to level the
playing field, to make a difference. In the
famous words of Howard Beale from the
1976 movie, Network:
“But first, you’ve gotta get mad!
You’ve got to say, ‘I’m as mad as hell, and
I’m not going to take this anymore!’ Then
we’ll figure out what to do . . . .”
In Part 2, we’ll look at the major
timeshare exchange companies, the good,
the bad and the important roles they might
play in the 21st Century Exchange.
Jan/Feb, 2009
TRI WEST
Home of the
Timeshare
BLUEBOOK©
& Vacation Gallery
800-423-6377
triwest-timeshare.com
You are our business.
We excel at timeshare management, sales and rental. But long
term relationships with our owners, based on communication
and trust, are the foundation of our success.
If accountability, quality and cost containment are important
to you – call us. With over 20 years experience, chances are
we can help.
20 Executive Park Road
Hilton Head Island,
South Carolina 29928
888-433-4762 x-11113
[email protected]
Resort Management
TimeSharing Today
Page 22
Jan/Feb, 2009
AROUND THE INDUSTRY
Celebrity acquires
David Walley’s in NV
Celebrity Resorts has acquired David Walley’s Resort, Hot Springs & Spa
located in the Carson Valley of Genoa,
Nevada. The resort is the 20th resort for
Celebrity Resorts.
David Walley’s is less than 13 miles
from South Lake Tahoe, with a view of
the Sierra Nevada Mountains, The resort
features six natural hot mineral springs, a
full-service spa, and two on-site restaurants. Resort accommodations include studio, one-bedroom, two-bedroom, and executive suites. The one and two-bedroom
suites offer kitchens, private balconies,
and fireplaces, while the executive suites
feature private saunas.
No discount for
shellfish licenses
The Block Island (Rhode Island)
Town Council recently tackled the problem of timeshare owners claiming residency to obtain shellfishing licenses at
the lower fees available to residents. The
same owners were also asking to be placed
on the resident mooring waiting list.
The council reviewed the town’s
legal definition of residency. It requires
full-time residence and allows for an
absence of up to three months in any calendar year provided the resident is also a
registered Block Island voter. The council
decided that only if the timeshare owner
fit the criteria as set forth in the town
ordinance, then he or she could qualify
as a resident.
Wyndham adds to
portfolio of resorts
Wyndham Vacation Ownership
is now welcoming guests to its newest seaside resort, WorldMark Long
Beach, along the Washington coast
on the Long Beach Peninsula. The
98-unit oceanfront resort offers owners views of both the Pacific Ocean
and the area’s local beaches. The resort is the company’s eighth property
in the state and second on the Long
Beach peninsula and will operate as a
WorldMark by Wyndham resort.
WorldMark Long Beach includes
a variety of studio, one-, two- and
three- bedroom standard units as well as
three-bedroom Presidential units. Amenities include an outdoor pool, spa, wading
pool, fitness center, business center, recreation room, arcade, barbeque grill area
and retail shop.
A popular vacation destination, Long
Beach offers a number of outdoor activities. The area’s natural beauty, miles of
beaches and wildlife viewing locations
lend themselves well to such activities as
beachcombing, hiking, clam digging and
bird watching. Visitors can take in the
views from the Long Beach Boardwalk
or take a bike ride along the eight-mile
Discovery Trail, which was built to commemorate the famed Lewis and Clark
expedition. The region has a number
of lighthouses, museums, restaurants,
shops and historical sites for visitors to
explore. Long Beach is home to several
festivals throughout the year including the
renowned Washington State International
WorldMark Long Beach
Kite Festival held annually in August.
The initial phase of Wyndham Vacation Resorts Shawnee Village, its first
new development at Shawnee Village in
Pennsylvania’s Pocono Mountains, is now
open. The resort is operating within the
company’s FairShare Plus by Wyndham
portfolio of properties. Currently sixteen
units are available to guests and upon
completion of the second phase in 2009,
the resort will total 41 units within ten
two-story buildings. The new property
joins the company’s previously acquired
fixed-week units located in the Shawnee
Village development.
The property includes a mix of twobedroom standard units and four-bedroom
Presidential units, each featuring a full
kitchen, fireplace, whirlpool tub and a
washer and dryer. Owners have access to
a number of resort amenities including
an indoor and outdoor pool, sauna, game
room, gift shop, playground, barbeque
area, tennis courts and miniature golf
course.
Owners can enjoy boating and fishing
on the nearby Delaware River, hiking in
the Pocono Mountains, golfing and skiing
the local slopes at the Shawnee Mountain
Ski Area. Visitors can also explore local
antique shops or experience the brilliant
colors of the fall foliage.
The new property joins the company’s existing 539 units at the complex
which were obtained following its 2005
acquisition of Shawnee Development,
Inc. The units originally obtained in that
acquisition remain fixed-week.
TimeSharing Today
Wyndham Vacation Ownership added
to its portfolio of resorts in Colorado
with the opening of Wyndham Vacation
Resorts Steamboat Springs and the
expansion of its established WorldMark
Steamboat Springs property. These additions to the company’s FairShare Plus by
Wyndham and WorldMark, The Club portfolios add 142 units to the popular resort
complex. Located in Ski Town, U.S.A.®,
the company’s Steamboat complex is
within minutes of the area’s numerous ski
slopes, trails and hot springs.
“Steamboat Springs is one of only
a few destinations where we have established resorts under both our WorldMark
by Wyndham and Wyndham Vacation
Resorts brands, which demonstrates the
popularity of this destination among our
more than 800,000 owner families,” said
Gary Byrd, executive vice president,
Hospitality Services, Wyndham Vacation
Ownership.
The new Wyndham Vacation Resorts
Steamboat Springs’ includes a mix of
71 one-, two- and three-bedroom units
in addition to two- and three-bedroom
Presidential units. The WorldMark Steamboat Springs expansion includes 71 one-,
two- and three-bedroom traditional units
as well as two- and three-bedroom Penthouse and Presidential units.
The complex includes a number of
amenities for owners to share. Owners can
relax in the resort complex’s lounge area,
game room, steam room, sauna, outdoor
spas and indoor and outdoor pools. For
those looking for even more active adventures on site, the complex has an arcade,
sports court and playground to enjoy.
WorldMark New Braunfels is now
Wyndham’s third Texas resort. Operating
within the company’s WorldMark, The
Club portfolio, the 44-unit resort offers
owners a newly constructed retreat in
the heart of the activity-filled Texas Hill
Country, conveniently located between
Austin and San Antonio.
The resort’s two- and three-bedroom
condominium-style units and threebedroom Penthouse units each feature
a full kitchen and living room. On-site
amenities include a fitness center; outdoor
pool and spa; recreation room; arcade;
barbeque grill area; and business center
with internet access.
New Braunfels is a favorite destination for outdoor enthusiasts. The Guadal-
Page 23
upe and Comal Rivers offer opportunities
for fishing, rafting and tubing. The new
WorldMark New Braunfels resort is located adjacent to the Guadalupe River,
near the Gruene Rapids, making for easy
access to this popular rafting area. Visitors
can also sail, boat, canoe, kayak and swim
in nearby Canyon Lake. Beyond water
activities, guests can play the area’s golf
courses, explore the Natural Bridge Caverns or visit the Schlitterbahn Waterpark
Resort, one of the top water parks in the
world. Lastly, visitors can also experience
New Braunfels’ German culture in addition to the city’s shops, restaurants and
Historic District of Gruene.
Westgate hits new
high and low
Westgate Resorts has reached new
heights with the world’s tallest timeshare
resort, and a new low with a $1 million
punitive damage judgment rendered
against it.
In November, the $1.2 billion PH
Towers by Westgate in Las Vegas reached
a pivotal point in development with the
attainment of the highest point of verti-
Jan/Feb, 2009
cal construction. Located at the Planet
Hollywood Resort & Casino, the upscale
52-story PH Towers will be the tallest
timeshare building in the world.
The 3.2 million-square-foot PH Towers will also hold the distinction of being
the first vacation ownership resort to be
fully integrated with a major resort and
casino complex. The 2,500-guestroom
Planet Hollywood Resort debuted last
year, having been reinvented from the
former Aladdin Resort & Casino via a $1
billion makeover, and will provide direct
access to PH Towers.
Ultimately, the timeshare property
will feature approximately 1,200 luxury
timeshare units, as well as a casino, a
35,000-square-foot convention center,
a restaurant and 16,000 square feet of
retail space.
Also in mid-November, a Utah
County jury hit Westgate Resorts with
$1 million in punitive damages for luring
people to its timeshare sales pitches in
Park City by offering what turned out to
be nearly impossible-to-redeem vouchers
for free trips.
Consumer Protection Group, a corpo-
TimeSharing Today
ration created specifically to sue Westgate
on behalf of consumers who believe it
cheated them — won the lawsuit involving 15 parties who said they were promised airfare and two nights of lodging in
Anaheim if they attended sales pitches at
the Westgate Park City Resort & Spa.
Attorney Scot A. Boyd said customers were given vouchers for the travel
- supposedly worth $500 each - but “restrictions made them almost impossible
to use.”
While Westgate contracted with a
third party to provide the travel, Boyd
argued Westgate should have known
travel vouchers it bought had little or no
real value because “it was purchasing certificates for only $32, and it was supposedly good for $500 worth of air-inclusive
travel. That by itself should have been a
sign of trouble.”
He said that despite numerous complaints by consumers, Westgate continued
to offer the travel vouchers until it was
sued.
The parties involved in the lawsuit
who did not receive promised travel were
awarded $500 each by a Fourth District
Page 24
jury in Provo last week — the purported
value of the travel vouchers.
The jury awarded an additional $1
million in punitive damages, which Boyd
attributed to Westgate blaming problems
on consumers and showing no remorse
for their troubles.
Boyd said the lawsuit involved only
15 parties out of more than 900 who have
assigned their claims to Consumer Protection Group to pursue against Westgate —
and that it plans to pursue even more of
those claims now.
Sol Melia opens in
Dominican Republic
Sol Meliá Vacation Club has opened
The Reserve at Paradisus Palma Real in
Punta Cana, Dominican Republic that will
feature 190 one- and two-bedroom lockoff units with private hot tubs and direct
access from the lower level patio units into
a lazy river swimming pool. Presidential
Club Suites will feature two, three and
four bedrooms, with the four bedroom
suites accommodating up to 10 people, to
be sold as a multi-week product.
Paradisus Palma Real’s amenities
Jan/Feb, 2009
and services include spa treatments, a
custom fitness program, championship
golf course, a large sandy beach, variety
of gourmet restaurants, specialty bars, a
casino and nightly entertainment, supervised children’s programs, daily adult
activities, concierge service and 24-hour
room service.
Including The Reserve at Paradisus
Palma Real, Sol Meliá Vacation Club has
three member resorts in Punta Cana.
New European
timeshare rules
The European Parliament has passed
a law to crack down on rogue timeshare
and vacation clubs. The new rules will
give consumers a 14-day right of withdrawal and also increase the obligations
on traders. The sellers will have to provide
a list of standard information, telling buyers exactly what is they are buying. A
failure to offer such a list would extend
the get-out clause to three months.
“With this new law we are giving
consumers additional protections, new
rights and we are plugging the gaps, the
loopholes the scam-merchants have been
operating,” member of parliament Arlene
McCarthy told the BBC.
“Consumers will enjoy the same
rights, whether they are buying in Varna
on the Black Sea or Valencia on the Costa
Blanca. They will now have a 14-day right
of withdrawal, which means that if they
had too much sun, or sangria or slivovitz,
they can simply walk away and say ‘I am
not interested’.”
The Timeshare Consumers Association in the UK, and its sister organizations
across Europe, are welcoming the vote,
but are frustrated the right of withdrawal
is only a two weeks.
The new Directive aims to tackle
loopholes in the current rules. Most importantly, it will extend the scope of the 1994
European Union Timeshare Directive to
cover new products which have emerged
on the market – like discount vacation
clubs, and “timeshare-like” vacations on
cruise boats, canal boats and recreational
vehicles. It will also extend protection to
areas like timeshare resale and exchange
clubs.
The new rules are intended to ensure
that consumers are well protected across
Europe and to create a level playing field
in the market for timeshare products.
TimeSharing Today
Trump gets approval
in Scotland
Developer Donald Trump has won
permission to build “the world’s greatest
golf course,” complete with high-rise
timeshare units and eight-story hotel, on
a rare and ecologically sensitive stretch of
dunes overlooking the North Sea.
The New York-based businessman
said he was “greatly honored” after Scottish ministers in Edinburgh confirmed
that his dream of creating one of golf’s
most northerly resorts had been approved,
despite vociferous opposition from environmentalists and many local residents.
The resort, north of Aberdeen, will
feature two 18-hole championship courses, four blocks of 950 timeshare units, 500
private homes, 36 villas, a golf academy,
and housing for 400 staff.
The approval, however, legally
binds Trump to agree to a series of environmental checks and controls, giving
Aberdeenshire council and the Scottish
government’s environment agency, Scottish Natural Heritage, legal oversight to
ensure remaining plant species and wildlife are fully protected.
Trump will also be required to build a
225-pupil primary school, shops, 98 lowcost houses and 50 starter homes on land
provided free by the council.
Trump said: “It will be a tremendous asset and source of pride for both
Aberdeenshire and Scotland for many
generations. As I have often said, because
of the quality of the land we are given to
work with, we will build the greatest golf
course in the world.”
Conservationists were furious since
ministers had agreed to override legal
protection for part of the Foveran links, a
system of naturally shifting sand dunes,
which are designated a site of special scientific interest, but are central to Trump’s
Page 25
vision. The so-called “back nine” holes of
the main 18-hole course will be built over
about a tenth of the dunes despite protests
from Trump’s own ecologists and SNH
that this was unnecessarily destructive.
Trump had refused to move that section of the course, again overruling his
own environmental experts, telling the
planning inquiry in June that he didn’t do
“half-assed.” It was, he told the inspectors,
all or nothing. It was the “magnificence of
the dunes, the valleys of the dunes, the access to the ocean, the views of the ocean,
the elevations” that made it “potentially,
the greatest course in the world,” he told
the inquiry.
The planning inspectors ruled that
the damage to the dunes was outweighed
by the resort’s substantial value to the
economy.
Trump has been warned that he can
only begin building the high rise timeshare
buildings in stages after a certain number
of affordable homes are completed.
He must also ensure that local walkers and visitors will still have unimpeded
access to the dunes under Scotland’s strict
right to roam legislation, rules Trump was
unaware of until he was questioned by
the Ramblers Association at the planning
inquiry.
Jan/Feb, 2009
First Disney resort
in Hawai’i
Walt Disney Parks and Resorts
has broken ground for its first resort in
Hawai‘i with a traditional Hawaiian blessing ceremony on its 21-acre oceanfront
property, located at the Ko Olina Resort &
Marina development on the western side
of O‘ahu. Scheduled to open in 2011, the
new destination, overlooking blue lagoons
and white sand beaches, is planned to
include 350 hotel rooms and 480 Disney
Vacation Club timeshare villas.
“This Disney destination resort will
provide a unique way for families to experience Hawai‘i,” said Jay Rasulo, Chairman of Walt Disney Parks and Resorts.
“We’ll create a place where all family
members can discover the wonder of these
special islands.”
Rasulo noted that Disney chose to
build a resort on O‘ahu due to the international popularity of Hawai‘i as a family
vacation destination. Hawai‘i is among
the top vacation choices of Disney Vacation Club members following Disney’s
theme park destinations.
Unfinished Cape Cod
resort is foreclosed
Navigator Beach Club in Dennisport
on Cape Cod, MA, was supposed to be finished two years ago and include luxurious
amenities like an indoor pool and sauna.
But that never happened.
Dozens of people paid thousands of
dollars. But developer Robert Reposa took
their money and never delivered.
The project was never properly registered as a timeshare. Then Reposa stopped
paying his $2.2 million mortgage. Finally,
work stopped. The bank-threatened foreclosure was delayed last March when Reposa claimed to have an investor. But that
didn’t materialize; the foreclosure deed
has officially been filed with Barnstable
County Registry of Deeds.
Despite at least 50 complaints, the
attorney general’s office won’t comment
because this is an “ongoing investigation,”
which is discouraging and frustrating to
the people who at this point have little
chance of ever seeing either their money
or timeshare.
TimeSharing Today
Page 26
Ask Dave M
David McClintock
has been a regular contributor
to the message board at www.
tstoday.com for many years. We
are pleased to publish some of his
responses to questions posted during the past year.
Posted by Hazel on 01/29/2008:
I received a mailed card from a
company that wants to buy my timeshare
with no money up front. They will be in
my city and I am asked to call and make
an appointment. They are not listed on
the BBB out of Denver, their home base.
Does anyone know about them and can
you answer soon, because they will be
here on Fri and Sat, this week.
Posted by Dave M on 01/30/2008:
These companies are often called
“postcard companies,” because that’s
how you hear about them. Based on ex-
perience with other postcard companies
and a lot that has been written about
them in TimeSharing Today and on other
timeshare sites, they most likely won’t
pay you for your timeshare. It’s almost
certain that they will try to convince you
that your timeshare is an albatross that
will be a heavy burden (special assessments, rapidly increasing maintenance
fees, etc.) for you and your heirs and
the only solution they have is for you to
pay them to take your timeshare off your
hands. How much? Likely in the range of
$3,000-$5,000.
Yes, you would pay them that much;
they won’t pay you. Also, it’s likely that
they won’t take your check, only a credit
card. They won’t allow you to escrow
your funds until the deal closes. They
won’t allow you to take documents home
to make a decision after careful thought.
You’ll have to decide on the spot. If you
agree to pay, you’ll likely find your account charged for the full amount that
weekend, making it difficult to change
your mind later. Then, assuming they are
like other companies of this ilk, they will
turn around and sell your timeshare, perhaps listing it on e-Bay for a starting bid
of $1 plus closing costs, something you
could do yourself without paying such a
huge amount! For practical advice on how
to sell your timeshare, please carefully
read my two-part post on this forum of
10/29/2007. If you decide to attend the
meeting, go armed with knowledge so that
you don’t make a costly mistake!
Posted by tdrum1 on 2/03/08
Has anyone ever dealt with National
Timeshare Help Center? They supposedly
are a membership type company. I have
been trying to sell for awhile now (years)
and am at wits end...
tdrum1 - NTHC is a legitimate company with a good record of renting/selling
timeshares.
Posted by Frankie on 02/22/2008:
I have a timeshare with Marriott, If
I wanted to rent it out myself or through
TimeSharing Today, what is the proce-
Jan/Feb, 2009
dure? What do I need to do at Marriott?
Frankie - Call Marriott Owner Services (the same number you call to reserve
your week). First task is to reserve the
very best week you can - the week that
you figure will be more in demand by
others than any other week (e.g., holiday,
spring vacation or other weeks when kids
are out of school). Next ask Marriott for a
proposal on taking your week for a rental.
You should do both of those things a full
year in advance of the week you reserve in
order to get the best week and to have the
best chance that Marriott will be willing
to make you an offer.
If you have an off-season week or if
you make your call much closer than a
year to your check-in date, there is a good
chance Marriott won’t make you an offer.
Even if Marriott does make an offer, it’s
likely to be a disappointing offer, almost
certainly quite a bit less than what you can
rent your week for by yourself. To do that,
advertise here at TSToday, at Redweek, at
myresortnetwork.com, and on other sites
that don’t charge an upfront fee other than
a nominal listing fee of $15-$40. Check
other listings at those sites for comparable
weeks and price your listing at or below
what others are asking. Use the TSToday
rental agreement when you find a renter.
You can purchase the agreement online
here for a nominal fee.
Posted by Frankie on 02/18/2008:
Thanks Dave M. Another question,
do I have to notify Marriott that I am giving my week up to a renter if I rent it on
my own? Or does the rental agreement
cover them on check-in?
Frankie - No need to tell Marriott you
plan to rent it. However, once you rent it
and get paid, you should be sure to call
Marriott and add the renter’s name to the
reservation. Otherwise, your renter will
not be permitted to check in. Better yet,
ask your renter for his/her Marriott Rewards number. Then call Marriott and add
the renter’s name (asking to have it listed
first) and Marriott Rewards number (not
your own number) to the reservation. Then
your renter can log into his/her account
at Marriott.com and see the reservation.
Marriott doesn’t care about your rental
agreement. Your phone call will be all the
authorization they need.
www.tstoday.com for back issues, message board, Special Reports and much more
TimeSharing Today
Page 27
BYU biz prof’s system gets more
timeshare owners the weeks they want
As the February Presidents Day
holidays approach, timeshare vacation
owners are taking advantage of vacation
weeks to plan family gatherings and winter getaways. Research has shown that the
majority of timeshare vacation owners
desire to exchange their resort-weeks
each year. But TimeSharing Today readers know that it is often difficult to get
a desired resort-week. A new exchange
method, developed at Brigham Young
University, helps timeshare exchange
companies better schedule vacation time
at affiliated resorts, leading to happier
customers and opportunities for increased
revenue.
Scott Sampson, a professor at
Brigham Young University Marriott
School of Management, created a new
mathematical timeshare scheduling
method that increased the number of
customers who could stay at their mostpreferred resorts by 30 to 45 percent,
without adding additional timeshare units
or properties. His results, which demonstrate how using mathematical programming can help match owner requests to
resort availability, can be found in the
October issue of the academic journal
Operations Research.
“I knew that if we applied mathematics to this vacation timeshare problem, we
would get tremendous results,” Sampson
said. “When you’re a math geek like I
am, you even look at going on vacation
as mathematical.”
After testing his equations on company data, Sampson implemented his
new method at Owner’s Resorts and
Exchange, a timeshare management
company that was recently acquired by
Vacation Resorts International.
“In the first year, we demonstrated
the potential for a phenomenal increase
in satisfaction of timeshare exchange
requests,” Sampson said. “If you have
a better exchange, there can be more
people who are happy because they get
to go where they want to go. Timeshare
exchange companies can perform more
exchanges and get a better reputation. It
is a win-win situation.”
Sampson’s models, in different
forms, can be applied to conferences,
classes or any problem involving scheduling people and limited resources.
“I look at problems involving customers to see how we can use mathematics to make people happier,” Sampson
said. “If we can optimize, we can have
more satisfaction, less stress and happier
people.”
“Survey data shows that more than
60 percent of the people who own timeshare intervals desire to trade them in a
given year,” Sampson said. “Even though
people buy specific weeks at specific
properties, the timeshare industry is fundamentally based on exchange.”
Exchanging timeshares can be
frustrating for some owners because of
complex policies, varying membership
priority and limited resort availability.
Many timeshare exchange companies use systems that allow people to select from a wide variety of properties for
exchange, but without accommodating
the fact that some resorts are so popular
that it is very difficult to get them in exchange. The highest-priority customers
might get to stay at the resort they choose,
but there is much less of a guarantee for
customers of lower priority.
“The vacation timeshare industry
sometimes gets a bad reputation,” Sampson said. “There are great locations you
can trade into, but customers can be disappointed when they don’t consider the
free market economics of availability.”
Sampson’s system acknowledges
limited availability, but takes advantage
of the fact that people at all levels have
some degree of flexibility. His optimization model uses flexibility in customer
preferences to allow for trade-offs and
to maximize the number of customers
whose requests are granted, especially
requests from high-priority customers.
For example, a high-priority exchange
customer might be indifferent between
three different resort choices - Sampson’s
system uses mathematics to determine
which of those three options to give the
customer so that other customers, of
lower priority, can get the most from their
resort choices.
Jan/Feb, 20009
TimeSharing Today
Page 28
TRI West Real Estate
Editor’s note: This is another in a series of advertisers’
articles spotlighting their services.
TRI West Real Estate has been offering education and advice
on timeshare ownership since 1981. They specialize in the resale
and rental of quality timeshare resorts worldwide. TRI West Real
Estate is the largest and oldest licensed resale and rental broker
on the west coast and is recognized as an innovative pioneer in
the timeshare resale/rental marketplace.
TRI West was the first company to:
• publish a monthly Timeshare Multiple Listing (MLS)
book (1982)
• conduct live annual National Timeshare Auctions
(1985)
• publish a combined (II/RCI) Resort Directory Guide
(1995)
• create the “Home of the Timeshare Bluebook” website (1995)
• be approved by the California Department of Real Estate for optional Timeshare Multiple Listing Services
(1997 )
• open a storefront Timeshare Resale & Rental Vacation Gallery (2000)
• open Vacation Home Alternatives department for
upscale fractionals (2003)
TRI West has over 5,000 current listings worldwide with
a large selection inArizona, California, Hawaii, Nevada and
Mexico. Information on available listings, as well as consumer
tips on renting or buying timeshares, is provided by TRI West
licensed agents and at http://www.triwest-timeshare.com.
The company has sold over 6,800 timeshares and processed
over 3,000 rental transactions for owners, buyers and travelers
worldwide. TRI West current services and fees are:
• Listing a timeshare for sale or rent -no charge
• Optional MDR Telecom MLS exposure -$225
• Sale commission subject to minimum -15%
• Rental commission subject to minimum -40%
Viccie Mac, TRI West Sales and Rental Manager, has been
in the timeshare business since 1978. Before joining TRI West,
she managed the marketing of off-site broker timeshare sales
for several real estate offices for resorts in Arizona, Utah and
Jan/Feb, 2009
Mexico. Mac gained additional resort experience as director
of sales at a major Arizona resort. She has been active in the
rental of timeshares since 1986 and began focusing on owner
rentals in 1990.
Viccie was quoted in a Family Circle article on timeshare and
villa rentals. She published the first “Owner’s Guide to Renting”
and “Rental Tips for Owners” in 1992. Mac has also developed
a number of processing tools to facilitate the efficient processing
of owner rentals for both the owner and traveler, as well as the
resort. She is currently licensed in Arizona and California and
manages both the sales and rental activities for TRI West. Senior
Sales Agents include Greg Gibson and Betty Zipf.
Mario Collura, President and Broker of TRI West, entered
the timeshare industry as one of the developers at The Whaler
in Maui, Hawaii in 1979. During the next few years he was also
a sub-broker for a number of timeshare projects in California,
Hawaii and Mexico.
Since 1981, he has concentrated his efforts on helping to
create a viable secondary market for the resales and rentals of
timeshare properties. Collura is the author of “Mario’s Tips”
and is frequently quoted in national media, including: Consumer
Digest, Consumer Reports, Dollar $ense, Forbes and Kiplinger’s
Personal Finance Magazine. His “Tips,” along with the other
educational tools developed by TRI WEST, provide the basis for
educating the consumer about timeshares and ultimately creating
a mature secondary market for the timeshare industry.
Mario earned a BSEE from Case Western Reserve University and has conducted graduate work toward an MBA Degree
at UCLA. He is licensed in California as a general contractor,
and as a real estate broker in the states of Arizona, California and
Nevada. Mario has been a guest speaker on the subject of Timeshare Resales and Rentals at conventions of both the California
Association of Realtors and ARDA, as well as many resort and
management homeowner association meetings. He also served
as an expert witness to testify regarding the value of timeshare
property for California, Florida, and Federal court cases.
Mario Collura is a Preferred Resale Broker recommended
and trained by Four Seasons for the sale of Residence Club Intervals at Four Seasons Residence Club Aviara, North San Diego
CA and Scottsdale at Troon North AZ.
For more information on this company, contact TRI West
Real Estate at 13353 Washington Blvd, Los Angeles, CA 90066,
by phone at (800) 423-6377or email to [email protected].
TimeSharing Today
Page 31
Tootin’ In Steamboat
By Don Thompson,
Long Beach, CA
We always try to make a
yearly trip to Colorado and this time
it was Steamboat Springs in the Fall.
The cold snap didn’t come while we
were there, so the Fall Foliage was
limited to the very high country.
But Best Laid Plans should always
be sprinkled with flexibility, so we
made do just fine, thank you.
The town is named for the
thermal springs that bubble up in
many locations in town. The early
settlers thought the bubbling sounded
like a steamboat whistle, and the name
stuck. It’s nickname is Ski Town, USA.
A river runs through it and the old town
is filled with charming shops. No cookie
cutter national chain stores here, thank
you very much.
Our home for the week was Vacation
Internationale - The Village at Steamboat. We arranged the trade through Interval International. We were very pleased
with the accommodations and would
recommend the resort to TimeSharing
Today readers. We had a one bedroom unit
on the 3rd floor of one of several buildings.
Thank goodness for the elevator, especially on days we were hauling groceries.
The living room was cozy, opening onto a
balcony that had beautiful views of Mount
Warner, the ski resort right in town. The
kitchen had all the required implements,
and the bedroom had a bed! What more
could one ask for? Well.....a washer/dryer
right in the unit. And so they were.
The only negative thing about the
complex was that there was construction
going on all week. This meant big trucks
and dust flying. But it was not outside our
windows so we easily ignored it. The area
is beautifully situated in the mountains,
and is a year round vacation spot.
The first morning, we rode the
gondola lift to the top of the mountain,
although we thought the $25 fee was quite
steep for a short trip that didn’t require any
gasoline. At the top is a panoramic view
of the town and valley below. We hiked a
circular nature trail which offered wonderful views of aspens and wild flowers. A
little of God’s tears delayed our trip down
the mountain long enough to have a cup of
coffee. What’s to complain about?
In the afternoon, we visited five of
the springs in town and a little art gallery,
located in the old train depot. We enjoyed
another natural phenomenon: God’s frozen tears, hail. Time to go “home” for
“B&B” (beer and balcony) and to watch
the sun and moon trade places.
Next day was a walking/gawking
agenda. First was the Yampa River Botanic Park, with six acres of lush gardens.
We had a picnic by the pond, joined by
several pieces of statuary.
A two hour stroll later, we were ready
for a change of outdoor scenery, so we
headed for Fish Creek Falls. They are
spectacular, plunging 283 feet through a
geological fault. A footbridge at the bottom of the falls provides an excellent view
of the cascade.
Jan/Feb, 2009
A driving tour was up
on the following day. We
headed for Yampa River
State Park, just outside of Hayden,
a small, proud farming community.
The town had a charming local museum. Just outside the park, we pulled
off the road to watch a flock of about
a dozen sand cranes strut about the
stubble of a plowed field. Later we
asked a park ranger about them. He
said the locals refer to them as “Ribeye on the fly.” We were game, but
didn’t see any on the hiking trail we
took after a picnic lunch.
We had time for another stop before
the siren of the B&B enticed us back to our
unit. Nestled a block off the main Steamboat drag is the Tread of the Pioneers Museum, located in an old Victorian home.
It’s worth a step back in time to visit.
Up early the next morning for a
“Must do before you die” experience: a
hot air balloon ride. When I heard the price
I almost fainted: $290 for the two of us
for a ½ hour ride! But, since you must do
it before you die, might as well do it now.
A chase driver picked us up in a van and
we drove out to a large church parking lot
where our balloon and basket awaited us.
WE NEED YOUR TIMESHARE!
LOOKING TO MOVE TO FLORIDA?
Major land developer on Florida’s West Coast is looking
for a limited number of free and clear timeshare interests to be used in our new home construction promotion. Use your timeshare as a trade-in on a real property
in a
beautiful community on Florida’s Gulf Coast.
90 Minutes from Orlando
45 Minutes North of Tampa
All homesites are a minimum of 1.25 acres wooded lots
with paved roads, a 15,000 acre freshwater lake with 2
boat ramps, one for freshwater, the other for saltwater,
minutes from the Gulf of Mexico. These homesites are
2 miles from a major hospital 5 miles from a
major shopping mall.
Call today for information
Toll Free: 1-877-587-7614
TimeSharing Today
We shared the experience with a couple
from Iowa. Since there were only four of
us, plus the “pilot,” we had enough room
to feel comfortable.
With a blast of fuel and release of
the tether we were aloft. I doubt that we
got higher than 3,000 feet or drifted more
than 10 mph, but the serenity, the view
is something we will always remember.
We will also remember the bill! We saw
a herd of deer and lots of trophy homes.
Too soon we were over the airport. The
pilot dropped a rope to the chase crew
and we settled down in the parking lot!
What a way to get to the airport. And with
no luggage.
And it was only midmorning. The rest
of the day lay ahead.
We decided to spend it at Steamboat
and Pearl lakes, a 20 minute drive north.
We had a picnic and a stroll alongside
Pearl Lake. Then we took a more challenging hike along Steamboat Lake, where
we came across the graves of the pioneer
family that first settled here. Then on to
a gold mining camp that was founded in
1865. There are a dozen or so cabins and
houses in this ghost town, and one, little,
one room school. A charming way to end
Page 32
the afternoon. Back to the balcony and a
beer....or two.
Although our complex has both an
indoor and outdoor swimming pool, a
Jacuzzi and a sauna, it does not have a hot
mineral pool or springs. So we were off
to Strawberry Park Hot Springs the next
morning. It is seven miles from Steamboat Springs, up a steep, windy road, the
last three miles of which are gravel. The
resort is nestled between mountains in a
heavily forested area. The setting is just
beautiful. The mineral water bubbles up
at 150 degrees, which is then channeled
into several pools, where the temperature
can be controlled. There are lounges and
Adirondack-style wooden deck chairs
surrounding the pools. The masonry and
river rock architecture create a Hobbit
like scene. It is one of the most unique
experiences we have had on our many
sojourns. The price for all day use was $10
and clothing is optional in the evening. We
didn’t stay, though, for that!
We finished our day with an easy hike
along the Yampa River and a boardwalk
stroll over a wetland that had been put up
by the local Rotarians. The views of the
mountain and the ski runs made me yearn
Jan/Feb, 2009
TSToday Anywhere
Subscriber Robert Anthony took
this photo of his wife Nancy Jean as
she shows off her TimeSharing Today
near their exchange to “that great spot
we enjoyed in Scotland.”
for the white stuff. Then again I thought
about my balcony and my beer.
What a wonderful place to spend a
week in the Fall. Maybe we will come
back for some of the white stuff.
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            
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

TimeSharing Today
Page 33
Jan/Feb, 2009
Private and Vintage Rail
Travel Available as a
Timeshare
In the Gilded Age, the mode of luxury transport for the elite was on a private
rail car or “private varnish.” These well
adorned cars had the exquisite finishes
of a fine mansion, and a private chef to
go with it. Ownership of a private rail
car, of course, was reserved for only the
wealthiest of Americans.
Now, Train’shares Inc. is offering the
private rail car experience with a unique
twist – you can reserve a whole car or
you can just reserve a single room on a
vintage rail car on a weekly or timeshare
basis. Train’shares will begin 8-day vacation journeys aboard “private varnish”
and the vintage cars in April 2009 over
routes throughout the United States.
The private rail car, Abraham Lincoln, will be coupled together with the
three cars that make up the American
Traveler train to provide several vintage
rail car options.
First, guests may choose to reserve
the entire Abraham Lincoln for a completely private experience with friends
or family. The Abraham Lincoln was
originally constructed in 1910 by the
Pullman Company. The red gum wood
interior has been meticulously restored.
Period furnishings adorn the car. The
vintage elegance of the Abraham Lincoln
is rare.
Or, if guests prefer a more social
excursion, or if they are a party not large
enough to want all the space a private rail
car affords, they can choose to ride on the
accompanying American Traveler. The
American Traveler is a three car set with
all the accoutrements of the private rail
car experience. Aboard the American
Traveler, guests have the option to reserve just a single room for the journey.
While traveling like a president
in the aptly named Abraham Lincoln
or on the American Traveler, a private
chef will have each guest eating like a
king. Train’shares journeys will also
have “ports of call” in the same vein as
yacht excursions in the Caribbean or the
Mediterranean. These “ports of calls”
will allow travelers to disembark to
The Abraham Lincoln Pullman car
peruse the museums of Washington DC
or to explore the natural wonders of the
Grand Canyon.
According to the company’s website
at www.trainshares.com, timeshares
range in cost from $3,970 to $6,620 per
person. There was no indication, either
in the press release or on the website,
as to the annual maintenance fee. Each
trip includes all meals, so that, unlike
traditional timeshares, meal cost would
be figured into the annual maintenance
fee.
A timeshare purchase entitles the
owner to a trip of 8 days and 7 nights each
year during an annual Designated Time
Period or at any other time(s). Owners
can also take more shorter vacations by
using a desired number of Journey Nights
at different times or can delay the use of
Journey Nights until a future time. Timeshare ownership is for ten years.
The project is affiliated with RCI’s
Points system so that trainshares may
be exchanged for stays at conventional
timeshare resorts.
TimeSharing Today
Page 34
Jan/Feb, 2009
FOCUS ON: Grand Mayan Riviera Maya, Playa Del Carmen, MX
By Bill Dagenhart
Our arrival to Cancun was flawless.
After reading many reviews pro and con
about renting a car, we decided not to. We
emailed the resort for information about
getting transportation to the resort. They
responded the same day with instructions.
This is a no charge service to the resort.
Once we got past customs and the timeshare sales people in the airport (posing
to be transportation/ drivers), the Grand
Mayan driver was right outside the airport
doors, holding up the Mayan sign. The
ride to the resort took about 35 minutes.
Not a lot to see once outside the airport
limits. The return trip transportation cost
was $15 per person.
Arriving at the resort, check-in went
quickly. For now, they are located in a
huge tent that’s fixed up nicely inside,
because the Grand Mayan Lobby is currently being built. We were approached
by a timeshare person as you exit the
lobby but this was painless, as I told
her I only purchased
resale. I never heard
from them again.
Our bellhop loaded our luggage and
whisked us off to our
unit. As we were driven around, you could
see how expansive the
resort was and how
beautiful the grounds
were. I heard one person say they had 300
gardeners at this resort.
The grounds and pools
were spectacular.
The unit was impressive. I’d have to
say, the nicest so far I’ve stayed in. The
unit was approximately 900 square feet
with approximately 12 foot ceilings. Everything in the unit was top notch, right
down to the dipping pool that constantly
overflowed, keeping cool water within, on
our huge balcony. After a few hours in the
sun, you appreciate all the pools, including the dipping pool on the balcony. The
kitchen, as others have stated, is limited.
You don’t see a lot of utensils or appliances, but still very functional if used.
Our unit was located within about
a 10 minute walk to the pools and different restaurants, market, internet cafe.
We could have got carted to this area, but
the walk was beautiful and we walk for
miles anyway.
It was unusual for us, but we bought
no groceries; might have been the inconvenience of not having the rental car, but
the food was excellent and, all things
considered, reasonable. The cost was no
more than what I pay to eat out where
I live. There are several restaurants, as
described on their website, and we ate at
most of them. From Filet Mignon to pizza,
it was all very good.
If I came here again, I would still not
get the rental car. Outside the walls of the
resort, there didn’t appear to be anything
nearby. For 6 bucks each round trip, a
driver took us to Playa Del Carmen. We
looked around a bit, ate lunch, went down
to 5th street, where a beautiful ocean view
and all the action is, bartered a bit for the
local goods and then was picked up at the
fixed time periods. Another day, we lined
up transportation to Cancun. This was 9
bucks round trip a person. I thought this
was a great price. We spent the day in Cancun and were picked up later that day
The beach, as others have pointed
out, is nice but very rocky for going into
the water. If you take a short walk going
right facing the water, as you make it
around a long white wall ( private property
boundary), the beach on the other side
is wonderful. Absolutely no rocks. We
swam there almost everyday. The water
is just beautiful!
Other than our day trips to Cancun
and Playa, we did do one tour arranged
through the resort. This was to Chichen
Itza’ . I’m not usually much on the guided
touristy stuff, but this tour was over the
top. It wasn’t cheap at $110 per person,
but after the day was over, I thought it was
a great deal. It was about an 11 hour day,
starting with a great luxury bus picking us
up at the resort, then: a continental breakfast, a great trip to visit the blue cenote,
which you could swim in, a wonderful
upscale luncheon buffet, including all the
cocktails you could down in an hour. Off
then to see the impressive temple ruins in
Chichen Itza’, from the Mayan civilization. The tour guide and all his information
about this Mayan city was awesome. After
a long afternoon in the sun, it was cocktails all the way home. Great tour!
I would come back here again in a
flash. The resort was great. The service
outstanding and the waters are beautiful.
TimeSharing Today
Page 35
Jan/Feb, 2009
Crackdown on Deceptive Sales Practices
Pennsylvania Attorney General Tom
Corbett recently filed a lawsuit against
Bluegreen Resorts, accusing the company
of illegally marketing vacation packages
to lure consumers into aggressive and
deceptive timeshare presentations.
Corbett said more than 5,700 Pennsylvania residents bought Bluegreen
timeshares, after the company violated
Pennsylvania’s Consumer Protection Law,
the Real Estate Licensing and Registration
Act, the Telemarketer Registration Act
and other consumer regulations.
Corbett said that Bluegreen representatives allegedly called consumers
who believed they were entering contests
promising cars, cash and vacations. According to the lawsuit, consumers were
told that they had not won the “grand
prize,” but had been selected to receive
other items, like free airline tickets. Consumers were also promised free gasoline
and meals when they collected their prize,
if they attended a 90 minute timeshare
presentation.
Virtually everyone who entered the
contests was falsely told that they were
a prize winner. In order to collect their
“prizes,” consumers were required to
schedule an appointment with a Bluegreen sales representative. In some cases,
consumers were actually subjected to
relentless marketing pitches that lasted
five hours or more.
According to the lawsuit, numerous deceptive statements were made to
consumers during these presentations
in an effort to get them to sign contracts
immediately, including phony claims
that prices would increase the next day,
misrepresentations about when and where
consumers could travel if they made a purchase and false statements about certain
fees being waived.
According to the lawsuit, consumers
who sat through the timeshare presentations received “prizes” that were nothing
like what they had been promised. The
“four free airline tickets” were actually
booklets that offered two airline tickets
with each hotel room reserved, at high
prices, in a limited number of cities. In
some situations, consumers were required
to commit to a 10 night stay at overpriced
hotel rates before being able to select a
local airport for their flight.
Corbett said “free” gasoline and
meals that consumers were promised
turned out to be coupons or certificates
with lengthy terms and conditions. For
instance, consumers who were promised
$40 in free gas were required to submit
written requests to obtain a series of gas
coupons. The coupons required consumers to pay for their gas first and then mail
a receipt for reimbursement, with each
coupon limited to a $5 purchase, with no
more than one purchase per month.
Corbett’s said contracts used by Bluegreen failed to properly inform consumers
of their right to cancel their purchase.
According to the lawsuit, Bluegreen
made numerous calls to consumers who
were on Pennsylvania’s Do Not Call list.
The lawsuits seek restitution for
consumers who suffered financial losses.
Additionally, Corbett says the lawsuit
asks the court to void all illegal consumer
contracts and give consumers the right to
cancel any agreement that did not include
the state-required notice of cancellation.
The lawsuit also seeks civil penalties for each violation of the Consumer
Protection Law.
Bluegreen’s Website states that it
has more than 185,000 owners in over 40
resorts. Several months ago, the company
had entered into a deal giving Diamond
Resorts a right to acquire Bluegreen. The
due diligence period was extended to
December 15, 2008, but no decision on
an acquisition was announced by either
Bluegreen or Diamond at press time.
Missouri’s Attorney General Jay
Nixon had filed a lawsuit against Festiva
Resorts several years ago. He alleged
that Festiva violated Missouri consumer
protection laws by falsely promising prospective timeshare buyers of the Cabins at
Green Mountain that Festiva would help
buyers sell other timeshares they owned,
rent out timeshares they bought from
Festiva, get good deals on condo rentals
in attractive locations, get good deals on
vacation packages. and give refunds to
those dissatisfied with their purchase.
The Attorney General also alleged
that Festiva did not provide consumers
with enough time to make decisions, creat-
ing a sense of urgency and a high-pressure
sales environment.
Under an agreement signed June
25, 2008, Festiva will stop using false
and misleading sales pitches and will
pay a total of $324,393 in restitution to
consumers. Consumers who have used
their timeshare on at least once have the
option of deeding their timeshare back to
Festiva and receiving a partial refund, of
retaining their timeshare and receiving a
small cash payment or of retaining their
timeshare and receiving a free status
upgrade. Consumers who have never
used their timeshare will be refunded a
substantial percentage of amounts they
paid to Festiva if they agree to deed their
timeshare back to the company.
Festiva will also pay a civil penalty of
$5,000 and $10,000 to the state to pay for
the costs of the investigation and enforcement of the case.
Festiva is a privately-held company
whose Website claims that it has 55,000
owners in 24 resorts.
RE/MAX PROPERTIES S.W.
Timeshare Resale Division
The Smartest and Easiest way to Buy
or Sell your Timeshare.
Our team has over 30 years of combined
Real Estate experience.
(800)541-5666 ext 325
(407)352-5800 x 325 Fax (407)393-5788
www.TimeshareResalePros.com
TimeSharing Today
Page 36
Day-Tripping
near Tucson
By Hank Jeffries, San Pedro, CA
Here is a picture of me at the
entrance to the Arizona-Sonora
Desert Museum, located about 15
miles west of downtown Tucson.
The picture was taken by my wife,
Jill.
The WorldMark Tucson Rancho Vistoso, where we stayed on an
exchange, was hardly photogenic or even
unique enough to waste my time trying
to stage a picture. Take a look at RCI’s
Web site for its two pictures of the resort;
as you can see from them, there’s nothing
outstanding there, just the main pool and
the extremely uncomfortable cheap furniture! I did submit a Resort Report Card to
TSToday of the last week, giving it only
so-so marks - no activities (because it’s
primarily a “points” resort where people
stay sometimes only one night), thin walls
and ceilings (two very active toddlers
upstairs), and the uncomfortable furniture.
During most of the week, the parking areas were less than half-full at night.
While we were staying at this resort
we did six “day trips” around the Tucson
area, including the following:
• Tohono Chul Park & Tearoom
• De Grazia Gallery of the Sun
• Tucson Botanical Garden
• Sabino Canyon
• Music Under the Stars at Reid
Park
• Arizona-Sonora Desert Museum
(world-class!)
• Saguaro National Park West
• San Xavier del Bac Mission
• ASARCO Mineral Discovery
Center (an operating copper
mine)
• Titan Missile Museum (the only
silo left with a missile in it, and
it’s publicly accessible)
• Tucson Museum of Art
• Old Town Artisans
• Walking tours of two historic
districts in downtown Tucson
• El Tiradito Shrine
• Arizona Historical Museum
• Pima Air & Space Museum contains a B-17, an SR-71, MiG
19, Air Force One, X-15, and
several hundred others
•
•
•
Military airplane “boneyards”)
Colossal Cave
Flandreau Science Center &
Planetarium (U of AZ campus)
• Biosphere 2
As you can see there’s plenty to do
in the Tucson area. We drove about 400
miles to do all of the above, primarily
because the resort is in Oro Valley, located
15 miles north of downtown Tucson and
many of our stops were south of town. We
are already working on an itinerary for
our next trip back to Southern Arizona Tombstone, Bisbee, Kartchner Cave, Kitt
Observatory, etc.. I know, I’m starting to
sound like the Chamber of Commerce or
the “Southern Arizona Attractions Alliance” who publish a booklet of 2-for-1
admissions to many of the place we
visited.
People-to-People
Diplomacy
By David Firsten, Nanuet, NY
Attached is a photo of my wife,
Marilyn and me taken last August
while standing in front of the Budapest Opera House in Budapest,
Hungry.
After we toured the Opera House,
we went to the Budapest Market,
which is a huge covered indoor place
of many different stalls and vendors
selling everything from fresh produce,
meat, bakery items, clothing, etc. It is
the main shopping point for the locals,
as there are very few supermarkets
in the city.
It was close to closing and we
were very tired after a long day touring. Our hotel had supplied us with
the phone number of a local radio dispatched cab company. Our problem
was this marketplace had no working
www.tstoday.com for back issues, message boards, Special
Jan/Feb, 2009
pay phones. I went up to several
merchants and asked if they would
be kind enough to call the car
service for us. All refused. My
wife spotted a man, well dressed
in a suit, and suggested I ask him
if he had a mobile phone.
I approached him, assuming he had a mobile phone and
respectfully asked if he would be
willing to call the cab company for
us. He said he had a mobile phone
and would be willing and asked why we
needed him to call. We explained we were
tired from touring and needed a cab to get
to our hotel. He then asked what hotel and
then offered to take us there. We said we
did not want to trouble him, but he insisted
in taking us.
We left the Market and when approaching his car, noticed he had diplomatic plates. I asked him what country
he was from and he replied, “Russia.” In
shock, I said “you’re not the ambassador?”
To which he replied that he was not, but
was a diplomat working out of the embassy. He inquired our country of origin
and I told him the USA. He said, he had
thought so, but wasn’t sure. On the way
to our hotel, we discussed our trip many
years ago to Moscow.
This was such a nice experience and
a highlight of our trip to Hungry. Two
countries whose governments are at odds
with each other, yet the people are warm
and friendly to each other. There are many
lessons to be learned from this gentlemen
who gave of himself.
TimeSharing Today
Page 37
Jan/Feb 2009
Two Resorts
Near Disneyworld
By Jason Farlam, Clawson, MI
Summer Bay Resort
It was close to our departure date
when this Gold Crown resort was offered
by RCI Points, we weren’t sure what to
expect. The Summer Bay Resort is very
nice.
Set in acres of lush tropical gardens,
the resort comprises many low-rise twobedroom units and some larger single
house units. There are a large number of
large new two-bedroom lock offs in several four-story buildings toward the rear of
the large property. All new development
is in these new four-story buildings and
it looks like they have room for lots more
units. We know from talking to people
around the pool that the units are different
in different sections, so the unit specific
comments may only apply to the newer
two-bedroom lock offs we stayed in.
The resort is mildly Caribbeanthemed, with widespread pineapple images, the symbol of hospitality, carved onto
signs and in the architectural highlights.
Other Caribbean touches include vast
lush gardens and a pool side Tiki bar. A
second resort theme is that its Summer All
Year at Summer Bay Resort. A somewhat
bold claim, but one you could almost play
along with if you concentrated on the very
tropical looking gardens and immersed
yourself in the heated and tropically warm
pools. Especially if you were fleeing the
frigid cold of the American mid-west.
In March of 2008, early morning
golfers encountered upper 40’s and 50’s
and late afternoons saw upper 60’s, 70’s
and even 80’s a few days. Columbus,
Ohio had 20 inches of snow the same
week, so no one was complaining about
the fresh sunny weather.
Not as spread out as some really large
resorts, it was always a reasonable walk
to one of the pools whereever you were
staying, but if you weren’t up to it, there
was a free resort shuttle that even included
the nearby Publix supermarket and liquor
store. A large new pool complex was under construction very near our unit.
Only 6 miles from Disney, Summer
Bay seems farther away, especially since
you drive along US192, through about
two miles of undeveloped Florida wasteland leaving Orange County, where most
resorts are clustered around the attractions
area. At the Disney side of Lake County,
near the US27 junction, a new cluster
of development includes Summer Bay.
The resort confronts this mis-perceived
distance by providing extensive shuttles
to major theme parks and even several
outlet and conventional malls. It is the
first resort in Central Florida that we could
comfortably say you don’t need a car to
enjoy the area.
Our unit was new and well equipped.
The lock off is arranged with 2 private
doorways. As you walk in the main unit
the complete kitchen has all expected
appliances and nice cupboards holding
complete dish sets. There are enough pots
to cook for a family and an unexpected
four microwave dishes. I was comfortably able to make a prime rib roast with
all the trimmings.
The dining area is next, located between the kitchen and living room, and has
a good view of the big screen TV if you are
one of those families who like to eat and
watch television. Adjacent to the dining
and living room is a large well equipped
bathroom and a second door to the large
bedroom makes it function as an en suite.
The living room has a leather couch and
love seat to watch TV and enough light
to read. The bedroom has a king size bed
and a second TV and beyond the living
room and bedroom is a large balcony with
a view of the tropical gardens.
The lock off side includes a smaller
kitchen and dining room, intended for
four, and a living room, bathroom and
bedroom similar to the main side. An
in-unit washer and dryer is a really handy
amenity.
A feature unique to Summer Bay is
that check is available all seven days of
the week, so you could fly both ways at
the much cheaper mid week rates if you
wanted.
Of course, we went a couple of times
to the theme parks which were a little
crowded since it was March break. If you
haven’t been recently, there are significant changes and park updates, and even
TimeSharing Today
a completely new Sea World attraction
called Aquatica, just open. An expansion
of the upscale Orlando Premium Outlets is
underway with a large new parking deck
that they desperately needed and a huge
new wing of stores that will be open by
Christmas, 2008.
Some complained about the lack of
restaurants in the immediate area, but
we somehow managed the arduous six
mile trek to the very fine Kobe Japanese
Steakhouse where the chef puts on quite
a show as he prepares your meal right at
the table. Little kids, teenagers and their
parents could brave a similar trip and enjoy the all-you-can-eat pizza, pasta, salad
and dessert at Cici’s for just five dollars
or so; and no, I don’t know how they can
do it. I didn’t do a count, but I bet there
are more than 100 other restaurants within
6 to 8 miles.
Back at the resort, there is a small
man-made sandy beach on the private
lake and extensive water sports availability. Kids loved the paddle boats shaped
like giant swans. There is an interactive
children’s water park, kind of a smaller,
warmer Wet and Wild, and the little kids
Page 38
Jan/Feb, 2009
we saw were really enjoying it. The main pool and giant 15 person hot tub are open
24 hours and at 11:30 one night, we thought this could be a great opportunity for a nice
quiet relaxing experience just before bed. Dozens of friendly, chatty college kids thought
this would be a great opportunity to meet and socialize with their peers. We managed to
coexist, but left the spring breakers alone the rest of the week. The clubhouse includes
a nice fitness center, game room, and business center all available extended hours. Our long time favorite area resort is Florida Vacation Villas, but we have a second
favorite now and would recommend Summer Bay Resort for couples, and families with
children of all ages, right up through college.
Parkway International Resort
Many years ago, we
met a woman from England who loved Parkway International and
we were pleased to visit
the resort ourselves in
January 2008. Newly
renovated rooms and
modest, but nice, landscaping have earned a
five-star rating from Interval International. In
addition to some owners
and exchangers, many of
the guests when we were
there were renting, as the resort operates
an extensive on site rental program.
It was among the coldest weeks in
Florida I can ever remember and while
that is clearly not the resort’s fault, some
people were complaining. Even on the
coldest day, with an unusual frost one
night, the pool was still heated and warm
enough to swim a few lengths and then
enjoy the large hot tub. This part of the resort is older but fully functional, and there
are lots of chairs and umbrellas around the
pool area. There is a pool side bar and
snack bar with average resort prices.
Parkway International has a jungle
theme that some people find tacky but
others find entirely appropriate, especially
for children. The resort is crowded into a
wedge shaped piece of land right between
Disney and the US192 and I4 interchange.
We were not bothered by traffic noise, as
the units are quiet and even when outside,
the semi-natural tropical jungle insulates
the area from outside noises.
Lots of low-rise older units are located near the pool area. From talking
to people, we learned that most, if not
all, have been recently redecorated and
updated. Newer units are farther away and
we really wanted to see them ,so we signed
up for the timeshare sales tour.
That was a mistake. We were sur-
prised to find a really high-pressure
boiler room operation that kind of spoiled
the whole experience for us. We have
been around the timeshare industry long
enough to know when stories are being
spun and the truth is being stretched and
did not appreciate this holdover from
the bad old days. Operations like this
one give the industry a black eye and are
counter productive for the resort anyway,
as they generate a large number of buyer’s
remorse cancellations (legal after the fact
in Florida) that just add to the cost of
the operation. In talking to others after
escaping the nearly five hour horror, we
learned we were not alone and others had
been treated even worse.
One of the features most highly
touted in the sales ordeal was the convenient location. We took advantage and
enjoyed a surprisingly fun and relaxing
trip to Gatorland, Central Florida’s oldest
attraction. If you’ve never been, I would
recommend it. Gatorland has the hokey
down-home shows and gator wrestling,
but also a large quiet animal sanctuary
part with extensive raised walkways,
where you can view these creatures, and
rare Crocodilia from around the world in
a naturalistic habitat.
The location is also convenient to
several outlet malls, a Walgreens drug-
TimeSharing Today
store and a large Publix supermarket.
With all the attractions nearby, and virtually unlimited restaurants and activities,
you really can’t fault the location.
There is a smaller children’s play area
with a slide and climber. Small patches
of gardens are located here and there in
the compact grounds. The big landscape
feature is the on-site semi natural jungle,
and this jungle is the setting for jungle
walkways which lead to other resorts.
The Vacation Village Nature Walk leads
to Vacation Village Resort and some more
things to do.
Not too far away is the Liki Tiki Water
Park. We didn’t go, but others told us its
quite a nice attraction, especially for small
kids and includes a number of waterslide
features. Admission to the water park is
free if you’re staying at Parkway.
The newer units are nice and reasonably well appointed and finished. You
really can’t get a better location for quick
highway departures to all the Central
Florida attractions from Spring Training
to NASA to theme parks.
If you go to Parkway International
Resort, enjoy the location.
Page 39
Jan/Feb, 2009
Want to Save a Few Dollars?
By Steve Appelbaum
Actually, this is how to save a few
dollars and stop local grocery stores
from reaping high profits from tourists.
If you are a timeshare owner, or are just
staying somewhere that has the facility
so that you can stock your kitchen or
just your refrigerator with some snacks
or a for quick bite, you might want to
take advantage of this.
We were in Palm Springs, California a couple of years back and were
really surprised at some of the prices.
Cherries, in season and grown just north
of California, were going for almost $6
per pound. Many other prices followed
suit. At the checkout counter, one of the
customers gave me their store card to
use and $12 worth of cherries became
$5.45. Blueberries for 2 for $4.99 were
now charged out at $1.99 for the two.
Recently in Harris Teeter, a store in
Charleston, SC, I applied for their card
upon entering the store by giving my lo-
cal hotel address and telephone number.
The card was given to me on the spot
and was used at the checkout. Our total
was $31.50 and with the card, $4.98 was
subtracted from the final total; a savings
of about 15%.
In Vons Grocery Store located in
San Juan Capistrano, CA, the savings
were even more dramatic. Once again,
I completed the information for the card,
was given the card and used it at checkout. The total was $51.13. The new
total after using Von’s Card, $38.96; a
savings of 24%.
To me, these just look like cases
of “Let’s take advantage of those passing through.” In any economy, a few
bucks is a few bucks. Better in your
pocket than in theirs. In case you are
concerned about using the hotel address,
I was informed there is no problem legally. And the bottom line: these stores
would rather get you with the discount
than not at all.
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** Rates vary by loan purpose, amount and term, and are subject to change without notice. For current rates, visit www.FirstAgain.com ©05/2008

10 Questions for a Timeshare Resale Broker

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