Legal Question in Credit and Debt Law in California
My husband and I are permanent RVers. We purchased a membership to RV parks a little over a yr. ago. It was $7000.00 We signed a 2 yr. contract with them. We pay them 115.00 a month and capital one $100.00 a month. We don't intend to stop paying off our $7000.00 loan. All we were telling them was we were not going to pay the yearly dues because my husband's job has been sporadic, but would NOT stop making our payments on the loan. They are threatening us with a collection agency. We have great credit. They have our $7000.00 so why do they care whether or not we pay the yearly dues?? They just won't let us into their parks. That's fine by us, we have never been able to get into one of their parks when we needed to anyway. So, if they have our $7000.00 can they go after us for the stupid yearly fees??????????????????
1 Answer from Attorneys
When you purchased the membership in the RV park, you agreed not only to pay for the membership, but also agreed to pay the annual maintenance dues. Can they do this? Without reviewing your contract and being retained, I cannot say for sure, but almost certainly they can enforce the requirement that you pay the dues whether or not you use the resorts. Those annual maintenance dues pay for the maintenance and operation of the resorts. If every owner decided to stop paying those dues, then the resort cannot operate. If even a small percentage of people stopped paying them, they cannot operate. The maintenance dues are intentionally kept at a low level - a level where there is not a lot of "pad" or cushion to cover income they do not receive. Even a small percentage of people not paying them could create a situation where there is not enough money to cover operational expenses of the resorts.
The bottom line is this - if you signed a contract agreeing to pay them, unless it contains some sort of clause allowing you to put your membership on hiatus or in suspense, you must pay them every year, or you risk their taking action - collections or legal - to collect the dues from you. Your options are to pay the dues, sell your membership, or risk losing your membership and all of your investment if they terminate your membership for failure to pay the dues.
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