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  • #16
    These two situations are so clearly different that its not even worth debating. One is provided for by prevailing real estate law and the contract you sign, while the other is not.

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    • #17
      Originally posted by bigfrank View Post
      I am changing the titlle so it is correct
      If you're changing the titlle you may as well change it from banned to closed.
      ... not enough time for all the timeshares ®

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      • #18
        Originally posted by Spence View Post
        If you're changing the titlle you may as well change it from banned to closed.
        OK but someone beat me to it
        Timeshareforums Shirts and Mugs on sale now! http://www.cafepress.com/ts4ms

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        • #19
          Originally posted by bigfrank View Post
          OK but someone beat me to it
          Threads don't get banned. Posters do.
          Lawren
          ------------------------
          There are many wonderful places in the world, but one of my favourite places is on the back of my horse.
          - Rolf Kopfle

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          • #20
            The Grantee(new owner) never signs the deed only the Grantor(seller). i have no signed written contract with HOA. Any signed contract of sale I have is with the seller.(not the HOA). I believe the only obligation I have with HOA is limited the value in the deededentity itself. Therer is not written cintract signed by myself and representative of the HOA.

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            • #21
              Originally posted by ebram View Post
              The Grantee(new owner) never signs the deed only the Grantor(seller). i have no signed written contract with HOA. Any signed contract of sale I have is with the seller.(not the HOA). I believe the only obligation I have with HOA is limited the value in the deededentity itself. Therer is not written cintract signed by myself and representative of the HOA.
              As part of the sale of any timeshare/condo you accept the HOA as part of the deal. It is not separate nor can you buy without becoming an Association member and subject to the documents/rules for that operation. If you don't want to be a part don't buy. Once you buy you are subject to the same rules every other buyer is. And you are a member of the HOA if you like it or not. Looking for perceived loopholes to a decades old system and legally binding system of ownership isn't going to get you out of your obligations.

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              • #22
                I guess the OP wants to be sued and have his credit rating lowered

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                • #23
                  Originally posted by mishugana View Post
                  I guess the OP wants to be sued and have his credit rating lowered
                  and have a clean conscience doing it.
                  Lawren
                  ------------------------
                  There are many wonderful places in the world, but one of my favourite places is on the back of my horse.
                  - Rolf Kopfle

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                  • #24
                    believe the only obligation I have with HOA is limited the value in the deededentity itself.
                    No dice. The deed refers to the condo association documents.

                    Still not even remotely debatable.

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                    • #25
                      I am not afraid of being sued. A lot of people are sued. the courthouses are are always busy and half the people trere are being sued.
                      I as a TS owner have more liability from a personal liaility or polution claim if the TS does not have proper or let lapse the insurance. A good reason to put my TSes in a limied liability entity and avoid liability issues in the future.
                      PS I pay cash for everything I need and although I have a good credit rating my income and assets would trump even a bad credit rating.

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                      • #26
                        ebram it would be easier to understand your frustration, anger and anguish if we knew the story.

                        I think most of us here lean towards supporting individuals. Why would such forums exist otherwise? But if the facts aren't known we have to base our responses on what is given.

                        The only facts I have at this point are:

                        You bought a timeshare

                        You no longer want the responsibilities of that timeshare

                        You want to walk away from the timeshare

                        You feel that walking away after assuming ownership is no different than someone rescinding.
                        Lawren
                        ------------------------
                        There are many wonderful places in the world, but one of my favourite places is on the back of my horse.
                        - Rolf Kopfle

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                        • #27
                          First let me say I am not angry. The amount of money involved is trivial BUT I hate to be taken advantage of.
                          The HOA acts in the same way as the moderators Over Yonder. The powers that be(BOD in a HOA and Moderators in a BB) When they heard something they do not like the don't listen and do what they want(BOD) or close the thread(moderators).
                          In the BB case I stop paying for membership and I would like to do the same in TS.
                          I have 6 TSes and have issues with 2 of them(1 fixed and 1 floating).
                          In future posts I may go into details(I am to lazy now).

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                          • #28
                            Originally posted by ebram View Post
                            nd do what they want(BOD) or close the thread(moderators).
                            In the BB case I stop paying for membership and I would like to do the same in TS.
                            Great. Just sell it or give it away to willing taker. But walking away isn't an honorable way to handle it. No matter how you try to justify it to yourself.

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                            • #29
                              One of my Tses, the HOA can't give them away. Through inept,possibly(actually probably) corrupt managment the HOA now owns 40% of the units. as a result MF will go even higher resulting in more walkaways I could see it coming but my comments fell on deaf ears.

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                              • #30
                                I'm going to take Ebram's side on this one. Timesharing is inherently unethical and when dealing with the unethical- sometimes you have to fight fire with fire. If the HOA is not doing the job and can't be ousted why shouldn't one bail out.
                                Would it be more ethical to give a liability to someone else by selling or giving away the week ?

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