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Timeshare Question



"G Wheelock"
6/6/2005 4:29:56 PM


My wife & I own a timeshare at "Causeway on Gull" (Nisswa, MN); which we
bought about 10 years ago.
We have "Lot 34; week 21"(which is Memorial Day ~ 75-80% of the time). When
we bought; the CC&R
documents only defined the periods for a Saturday-Saturday week. The
unit/week we bought was a Friday-Friday
week & they had not updated the documents. We were told that we would be
following the "RCI calendar"
(RCI="Resort Condominiums International, LLC."; which is a
timeshare-swapping organization & which
had week "definitions" for Fri-Fri; Sat-Sat & Sun-Sun listed in a booklet
thru 2020) & we have been using this for
the last 10 years. When we tried to use our week this year; we were told
that the resort had changed to
the "II calendar" (II="Interval International - another swap organization
equivalent to RCI; but AFAIK
did not even exist when we bought) back in '98 by a change to the CC&R and
that "everyone had been
notified" (WE never recieved notification). For the most part; these two
are identical - EXCEPT for
this year (and 2010) - it seems that every 6 years or so there is a year
with 53 weeks due to odd days
accumulating. RCI had their 53 week year in 2004 & II has it this year (thus
in 2006 they will be back
in sync again) & so when we tried to use "our" week; we were told that it
had already expired & we
were on week 22 (II calendar).
My question is this - is it legal to effectivly change the deed by changing
the definition upon which the deed was
originally based (it almost sounds equivalent to changing the definition of
"foot" in a land legal def).
Thank you
Guy Wheelock
 
 
"Stuart A. Bronstein"
6/7/2005 7:05:00 PM


"G Wheelock" <gwheelock@comcast.net> wrote:
My question is this - is it legal to effectivly change the deed
by changing the definition upon which the deed was
originally based (it almost sounds equivalent to changing the
definition of "foot" in a land legal def).
Well, it's certainly legal. That's not the real question. The
question is, was making this change proper under the circumstances?
For that I would need to read both your original deed, the CC&R's and
any other contract you had when you bought the property, as well as
all annual minutes and other documents generated in the years
between.
In other words, it's too long and complex to be dealt with here.
My suggestion is that if you did not get actual notice prior to the
change, take them to small claims court for the cost of staying
somewhere else.
Stu
 
 
"John A. Weeks III"
6/7/2005 7:05:01 PM


In article <hfc9a19ntkj04lhljlltqaragibi4nno7q@4ax.com>,
"G Wheelock" <gwheelock@comcast.net> wrote:
My question is this - is it legal to effectivly change the deed by changing
the definition upon which the deed was
originally based (it almost sounds equivalent to changing the definition of
"foot" in a land legal def).
The bigger question is why you didn't know based on the newsletters
that they send out, and the confirmation letter that is sent out
about 6 weeks before your week happens. If they didn't send out
any notice about the calendar change, I suspect you have a pretty
good case for getting a week in credit, plus maybe 2 or 3 more for
damages. But with all the timeshares I have owned, the newsetters,
annual reports, and pre-arrival confirmation letter made it
extremely clear when my time was scheduled.
-john-
--
======================================================================
John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
======================================================================
 
 
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