Legal Question in International Law in Bahamas
Time Share
My husband and I purchased a one week per year time share from Lacabana Resort and casino in Arube approx. 14 years ago. The time share is paid in full but we pay yearly maintenance fees. This year they have sent a bill for the maintenance fee plus a bill of $1,000.00 for renovations for the resort. This was billed to all of the resorts time share owners. There was a meeting regarding this additional amount and was voted on by time share owners. According to Lacabana, the majority of the vote was affirmative for the renovation and $1,000.00 fee. My husband's employment status as well as my own has changed within the past 5 years and we can no longer afford the time share fees. We have tried to sell the time share with no success. My husband has emailed Lacabana and explained the situation. We offered to donate the time share back to the resort and they could resale it. We have not heard back from them. My questions is if we mail the maintenance fee but not the additional $1,000.00 what legal action could Lacabana pursue? They included a statement with the billing that stated there would be a 25% fee for any late payments. My husband and I have an excellent credit rating and do not want to do anything to alter it.
1 Answer from Attorneys
Re: Time Share
This depends in part on Aruba law, and I am not licensed to practice there. But I assume the timeshare resort validly exercised the right to impose a "special assessment" on owners. This would normally be just as valid as the regular assessment for maintenance fees, and can be collected the same way. You may want to try to sell your timeshare interest so that you no longer face these assessments. You will not get your "investment" back, but you may get something, and will avoid future assessments.
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