Thread was Closed over yonder(TUG)

[ebram Senior Member Find all posts View Profile Close ebram]

This not a Federal Case or Personal Injury case. This is a civil matter involving a few thousand dollars at most. I CAN'T lose because even I don't win it will cost the HOA more in legal fees than they can win and collect. My legal fees will be zero. In any small matter(like this)the pro se party is an advantage if the opposing side has to use and pay for a lawyer.And can't see a BOD going to court to represent the HOA.

[timeos2 Senior Member Find all posts View Profile Close timeos2]

When I've defended myself, I won twice and ended up settling the other time.

Not a bad record. But in this case what would he be suing for? To change the Board? To get them to act differently? (but he'd still owe the fees) To be forgiven for fees?

Since there is no chance that a Court is going to rule "This Board has been ufair to this owner therefore the remaining owners must buy his timeshare" what would "winning" be? Just another excuse not to pay and no court is going to order that unless they plan to shut down the whole operation. Again that isn't going to happen.

[4ARedOctober Super Moderator Find all posts View Profile Close 4ARedOctober]

But the title is still not correct....the discussion is not about the thread being closed or TUG....it is about an entirely different subject...an ethics question regarding bailing out on a timeshare committment. And that should be the subject of the thread IMHO. The fact that the thread was closed in not the subject.

I am changing the titlle so it is correct

[Bill4728 Super Moderator Find all posts View Profile Close Bill4728]

They aren't going to sue you. They will foreclose on you and put that on your credit report. Which may or may not hurt you.

[ebram Senior Member Find all posts View Profile Close ebram]

Timeos2:
Your right, why have court and trial. Save everyone a lot of money. Hire Tomeos2 to make all decisions, without being confused by all the facts

[Kay H Senior Member Find all posts View Profile Close Kay H]

They aren't going to sue you. They will foreclose on you and put that on your credit report. Which may or may not hurt you.

It sounds to me like that is what is deserved. Being pompous doesn't usually pay off. JMHO.

[rmitchell Junior Member Find all posts View Profile Close rmitchell]

Only the captain has to go down with the ship. Wouldn't it be great to be the last one at a failing TS?

[ebram Senior Member Find all posts View Profile Close ebram]

Since most highly seasonal TSes are worth much more(X3 to X4)as whole ownership the last ones in will do quite well. I have some TSes where the total value of the weeks is between $50,000.00 & $70,000.00 which could bring between $250,000 & $400,000. as whole ownership. The problem with accumulating the TS as whole ownership are the MFs. For instance, MF for whole ownership condo might be $350.00/wk, the TS MF is $700.00/wk.

[timeos2 Senior Member Find all posts View Profile Close timeos2]

Timeos2:
Your right, why have court and trial. Save everyone a lot of money. Hire Tomeos2 to make all decisions, without being confused by all the facts

The only facts say you owe the fees as long as you own the timeshare. Pretty simple really.

Do let us know what the outcome of any lawsuit is and the cost (heh heh).

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

In those few occasions where others have forced me to have to engage an attorney on my behalf, me on my behalf could not have done any worse.

I have found that willingness to understand issues, patience, arrogance, and committment are the main shortcomings of attorneys I have run across.

I did have a good one, one without those shortcomings, handle my Mom's estate.

Hopefully I have a good one handling an issue right now. He has tolerated my brother, stepsister and myself for the last month and still seemsto be focused on the issue, but it is a fairly simple one . . . send a letter and make a phone call ($1000).

When I've defended myself, I won twice and ended up settling the other time.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

I was sorta hoping this thread would digress a little further into this possibility, when one owner takes control of a resort by purchasing a majority of the units and becoming the BOD themselves, for all practical purposes, having run off anyone attempting to represent what is left of the other owners, and having run off the management company.

If that were to happen, and the majority owner took control of everything to serve his own purposes, could the remaining owners not claim that the BOD had breached it's duties, by not serving the interests of all owners?

Or, as some are suggesting here, an obligation is an obligation is an obligation?

Hypothetically speaking, of course, . . . what if one owner was able to take control of a resort, and the BOD, by purchasing the controlling interest in a resort, running the rest of the BOD and the management company off.

Then, that person became/is the BOD.

Would the BOD then be representing all owners, including the minority interest owners, just because it says so in the By Laws or Articles of Incorporation, by doing things with the resort only in the own interest of the majority owner?

When is a BOD not a BOD?

[ebram Senior Member Find all posts View Profile Close ebram]

All obligations cease when fraud or deceit is involved(as in a marriage).

[timeos2 Senior Member Find all posts View Profile Close timeos2]

All obligations cease when fraud or deceit is involved(as in a marriage).

Prove it and you have a case. Until a court says its fraud you owe. Your fantasy world of being the only one that "see's the truth" isn't likely to stand up under court scrutiny. Seen it far too many times. It's easy to think you've got all the right answers until someone seriously challenges them with an equally convincing argument. Again, do let us know what the costs are vs what you owed and who/what legal entity is convicted of fraud so you don't have to pay those fees.

[ebram Senior Member Find all posts View Profile Close ebram]

Timeos2:
If I pay the fees than I am a loser. If I lose in court, thr worst case scenario is I pay the fees. So i can't lose. My legal fees are zilch,(I represent myself),I get to play a lawyer(always wantedto be one) and the other side can't win since there legal fees will be more that the fees(MF) they will collect if(and only if)win in court. As a bonus I will get to see al the TS financial records whose access is denied me now.
Of course if you are the judge making a decision before hearing the facts or biased for one side I colud lose in court, but, as mentioned I would not really lose.

[RedMan Senior Member Find all posts View Profile Close RedMan]

Timeos2:
If I pay the fees than I am a loser. If I lose in court, thr worst case scenario is I pay the fees. So i can't lose. My legal fees are zilch,(I represent myself),I get to play a lawyer(always wantedto be one) and the other side can't win since there legal fees will be more that the fees(MF) they will collect if(and only if)win in court. As a bonus I will get to see al the TS financial records whose access is denied me now.
Of course if you are the judge making a decision before hearing the facts or biased for one side I colud lose in court, but, as mentioned I would not really lose.

My opinion about the issue aside, lawyers love to file motions and counter claims. Don't be surprised if you are hit with something creative on their part. If you are then you probably will need a defense lawyer. Then it may cost you.