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Short story... In a timeshare, time matters.
My grandmother bought a timeshare at Hot Springs Village Coopershares on 8/30/1983 with her husband. I went there once around 1984. I think it was used 3 or 4 times in the next 3 or 4 years until her husband died. From that time until now (roughly 27 years) I don't think it has been used. My father, during a weak mental moment, transferred the title from grandma to himself on her demise per their agreement on 11/11/1999. Dad passed away in 12/24/2011. The expiration of the original contract terms explicitly states that it expired on 1/5/13 at 4:00 PM, unless extended as provided in such declaration. The time, per the original contract seems to matter.
Longer story...
There was a meeting of the ‘Association’ on November 6, 2012 as there probably is every November for the purpose of discussing things like the “2013 ‘it’s time to continue to screw over the timeshare holders that have no desire to own the timeshare that has been hung around there neck like an albatross, that is worth $0’ issue”, and have the majority vote to continue this evil scheme, since the minority has no recourse.
We did not receive notice of the November 6th 2012 meeting and were not a party involved in the consideration of the ‘extension of the term of the Declaration’ and it is not legally binding.
It was also forced on us without recourse.. Regardless, it is a moot point knowing that the 731 heartless members that are happy with their timeshare arrangements, voted yes, to locking the 70 members who are very unhappy with their worthless time shares and voted no, into continuing to pay the maintenance fee for them.
Article XIX of the Original Declaration provided that the Original Declaration would terminate and cease to encumber the real property described therein as of the first Saturday in the year 2013 unless the Association board of directors, not less than (30) days nor more than 60 days prior to the actual date of such termination, called a special meeting of all Association owners during which said owners, by majority vote of those present and voting, affirmatively voted to continue the term and enforceability of the Original Declaration for an additional ten (10) year period of time; and
Whereas, pursuant to Article XIV, Section 1(B), the Association board of directors duly called a meeting of the association members to be convened at 10:00 a.m. on November 6, 2012, ….
01/05/2013 16:00
- 11/06/2012 10:05
-----------------------
60.24652778
Days Hours Min
60 5.000 0.55
Since the meeting was called more than 60 days prior to the actual date of such termination by 1/4th of a day, it is invalid per HSVC documents. If it would’ve been convened after 11/6/2012 at 4:00:00 PM it would’ve been valid per HSVC documents. Similarly, if the meeting was conducted within HSVC documents and the members voted to not extend the Declaration of Covenants and Restrictions, we would’ve owned the timeshare on 1/5/13 at 3:59 PM, but no longer own it on 1/5/13 at 4:01 PM, so time does matter.
I have called and sent them all of this information a couple of times and they basically say to transfer the deed in my name and then transfer options back to HSVC can be discussed..... Right...
I would gladly pay a lawyer $2,000 to bird dog this, file paper work in court to challenge the ‘extension of the term of the Declaration’, that results in the deed filed at the courthouse reverting back to HSVC.
Short story... In a timeshare, time matters.
My grandmother bought a timeshare at Hot Springs Village Coopershares on 8/30/1983 with her husband. I went there once around 1984. I think it was used 3 or 4 times in the next 3 or 4 years until her husband died. From that time until now (roughly 27 years) I don't think it has been used. My father, during a weak mental moment, transferred the title from grandma to himself on her demise per their agreement on 11/11/1999. Dad passed away in 12/24/2011. The expiration of the original contract terms explicitly states that it expired on 1/5/13 at 4:00 PM, unless extended as provided in such declaration. The time, per the original contract seems to matter.
Longer story...
There was a meeting of the ‘Association’ on November 6, 2012 as there probably is every November for the purpose of discussing things like the “2013 ‘it’s time to continue to screw over the timeshare holders that have no desire to own the timeshare that has been hung around there neck like an albatross, that is worth $0’ issue”, and have the majority vote to continue this evil scheme, since the minority has no recourse.
We did not receive notice of the November 6th 2012 meeting and were not a party involved in the consideration of the ‘extension of the term of the Declaration’ and it is not legally binding.
It was also forced on us without recourse.. Regardless, it is a moot point knowing that the 731 heartless members that are happy with their timeshare arrangements, voted yes, to locking the 70 members who are very unhappy with their worthless time shares and voted no, into continuing to pay the maintenance fee for them.
Article XIX of the Original Declaration provided that the Original Declaration would terminate and cease to encumber the real property described therein as of the first Saturday in the year 2013 unless the Association board of directors, not less than (30) days nor more than 60 days prior to the actual date of such termination, called a special meeting of all Association owners during which said owners, by majority vote of those present and voting, affirmatively voted to continue the term and enforceability of the Original Declaration for an additional ten (10) year period of time; and
Whereas, pursuant to Article XIV, Section 1(B), the Association board of directors duly called a meeting of the association members to be convened at 10:00 a.m. on November 6, 2012, ….
01/05/2013 16:00
- 11/06/2012 10:05
-----------------------
60.24652778
Days Hours Min
60 5.000 0.55
Since the meeting was called more than 60 days prior to the actual date of such termination by 1/4th of a day, it is invalid per HSVC documents. If it would’ve been convened after 11/6/2012 at 4:00:00 PM it would’ve been valid per HSVC documents. Similarly, if the meeting was conducted within HSVC documents and the members voted to not extend the Declaration of Covenants and Restrictions, we would’ve owned the timeshare on 1/5/13 at 3:59 PM, but no longer own it on 1/5/13 at 4:01 PM, so time does matter.
I have called and sent them all of this information a couple of times and they basically say to transfer the deed in my name and then transfer options back to HSVC can be discussed..... Right...
I would gladly pay a lawyer $2,000 to bird dog this, file paper work in court to challenge the ‘extension of the term of the Declaration’, that results in the deed filed at the courthouse reverting back to HSVC.
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