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

Redman:
If I am being sued,I am the one that can file a counterclaim,the planitiff can't, their claim can only be for what I owe in MFs. Filing motions can only cost them, I can answer them for free(maybe a small filing fee).
People(non lawyers) are afraid of courts and lawyers, so they don't exercise their rights to use the judicial system. We are citizens of the United States of America and have right to use the system to our advantage. All it takes is a little effort to learn court procedure and in small cases(this is) the pro se has all the advantages Most legal cases are settled when the legal fees(both sides) seem to get out of hand. With no legal fees the pro se has a leg up. Lawyers HATE pro se litigents.

[tonyg Goomba & Super Moderator Find all posts View Profile Close tonyg]

If they do win, you may have to pay court costs.
A friend of mine lost a court case once and vowed he would never pay the judgment. He also did not pay the lawyer that represented him. He still hasn't paid- and that was 30 years ago.

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

What makes you think your non-payment of fees will end up in court? Are you planning on suing them? If you plan on suing them for fraud you'll have to have a pretty strong case, not just a fishing expedition to see the books, or they will get it dismissed before you ever start.

The resort HOA won't sue you, they'll send you to collections, where you'll end up paying more than the original maintenence fee.

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

Fern:
I have been threatened with being sued.(maybe they will, maybe they won't)
If the don't sue they can't collect. The collection agency can only call me, and if their agent is female, I ask her for a date. That usually stops the calling.
Also, court costs are statuatory and not a lot of money.

[Chap7 Super Moderator Find all posts View Profile Close Chap7]

I say sue them all! Just be sure to keep us updated. It will be interesting to see how it all plays out. Win or lose, I'm sure that our membership will gain a lot of knowledge as to how the legal system really works in these types of cases.

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

PSActually I will probably sit this one out. I like to use the TS. However a large assessment increased HOA ownership from 20% to 40% with an increase in MFs because of this. Since this is a seasonal resort(10 weeks of any value),I believe enough people will eventually bail to make the TS insolvent. The property is very valuable and those remaining will do very well. I will get the same as the prime weeks owners.
The HOA can not even give the units away(one years MF will get you ownership.
However threat of legal action cannot intmidate me.
PS The money was spent IMO in not a very efficient manner. They shpould have gotten a lot more for the bucks they spent(resd between the lines).

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

Redman:
If I am being sued,I am the one that can file a counterclaim,the planitiff can't, their claim can only be for what I owe in MFs. Filing motions can only cost them, I can answer them for free(maybe a small filing fee).

This is true if it is them suing you. If they do sue I would still expect they would ask for more than just the MFs. I'm all for your right to defend yourself. Let us know what happens. If successful, you might be starting a trend.

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

PSActually I will probably sit this one out. I like to use the TS. However a large assessment increased HOA ownership from 20% to 40% with an increase in MFs because of this. Since this is a seasonal resort(10 weeks of any value),I believe enough people will eventually bail to make the TS insolvent. The property is very valuable and those remaining will do very well. I will get the same as the prime weeks owners.
The HOA can not even give the units away(one years MF will get you ownership.
However threat of legal action cannot intmidate me.
PS The money was spent IMO in not a very efficient manner. They shpould have gotten a lot more for the bucks they spent(resd between the lines).

If you don't pay then they will foreclose and you'll get nothing if the resort folds. Actually that may be true (read the docs) even if they don't foreclose but you owe fees. You are effectively shutout. Sit it out would be your cheapest out as eventually you'll own nothing and maybe have a mark on your credit file. If you don't care then no harm done in your view and you will have successfully stuck the other owners with your obligation. It would be a just outcome if the resort did fail and those who stuck it out got a windfall, although that too is highly unlikely as it is SO hard to disband any timeshare.

It would also be interesting to see how you react if the other owners at the "resorts I like" started doing the same thing. Bet your tune would be different then although they too would feel they had every right to simply walk away. Maybe it would be best if you got out of timeshares/condos as it seems to be too much for you to handle.

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

Redman:
You can't sue someone for more than you owe(MF, I didn't trash the unit).What more could they possibly ask for. The statuatory costs and fees are minor.

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

Redman:
You can't sue someone for more than you owe(MF, I didn't trash the unit).What more could they possibly ask for. The statuatory costs and fees are minor.

Whatever.

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

Timeos2:
By sitting it out I meant I am paying and enjoying the resort. I resent the actions taken by BOD which it was obvious(even to thew casual observer)would off many owners of non prime weeks and increase our MFs.
When I voiced my objection, their responce was that would sue all bailer and get the money. They got the units thru forclosureb but no back MFs or SAs.

[BocaBum99 Super Moderator Find all posts View Profile Close BocaBum99]

ebram,

Just let us know what your credit score is before and after the foreclosure. That's the only thing that matters about your case.

If you just bail and your credit score is uneffected, you were right. If your credit score drops 200 points, then you were also right if you indeed pay for everything in cash.

If you need a loan to buy a house in the next 7 years or if you want to apply for a credit card, well, then I guess you could be wrong. That would be the only cost to finding out outside of dealing with legal notices, collection agencies and potential court appearances.

I'd like to see you fight it and tell us what happens. I would never try such a low value, low reward stunt myself. But, I'd like to know what happens to someone who does try it. It may work out great.

I say go for it.

[BocaBum99 Super Moderator Find all posts View Profile Close BocaBum99]

Timeos2:
By sitting it out I meant I am paying and enjoying the resort. I resent the actions taken by BOD which it was obvious(even to thew casual observer)would off many owners of non prime weeks and increase our MFs.
When I voiced my objection, their responce was that would sue all bailer and get the money. They got the units thru forclosureb but no back MFs or SAs.

I love it. I just realized that you are the one who was absolutely adamant about owning prime weeks in oceanfront units as the ONLY safe way to timeshare. I find it ironic that you are the one having the difficulties.

All I can say is that we warned you that prime week ownerships were not all they were cracked up to be. You can be hosed with any type of ownership. It all depends on the quality of the management and your own personal exit strategy. It appears your exit strategy is to simply bail and risk foreclosure and severe damage to your credit rating.

It's great to see you were wrong about that point.

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

Timeos2:
By sitting it out I meant I am paying and enjoying the resort. I resent the actions taken by BOD which it was obvious(even to thew casual observer)would off many owners of non prime weeks and increase our MFs.
When I voiced my objection, their responce was that would sue all bailer and get the money. They got the units thru forclosureb but no back MFs or SAs.

You should also run for the Board. If there are that many dissatisfied owners then your support should be good. Than change things to the way they should be. Or not. But at least then you would have tried to have an impact.

By the way the Association records should be available to any owner. Have they actually said you can't see / review them? THAT would be a credible lawsuit you could win if they have.

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

Boca:
Thanks God my assets and income allows me to pay cash for everything I need. My house, beach condo and Tses are all paid for. I don't know or care what my credit rating is. NOBODY can intimidate into paying for something I don't consider myself to owe by threatening my credit rating. If they think I owe them them sue a let a judge decide(not Timeos2).