There appears to be a massive falling out in the timeshare industry, TATOC, the self proclaimed voice of the owners is under fire. Harry Taylor looks to being discredited, not just over the Lakeview debacle but also for his unbridled support of the move by MacDonald Resorts to force fixed week owners to change to the points system.
This being said, MacDonald Resorts have not been members of the RDO since the end of 2005, yet TATOC still supports them. One has to ask why are MacDonald’s no longer members of the industry trade body?
Among owners themselves, TATOC has been losing credibility, many comments from readers who have approached them for advice have not been impressed. The number of comments on the different discussion forums also confirms this. Is it not time that a new and more credible independent voice be created, the only way change in the industry is possible is through dialogue with those that keep them in business.
The industry is in turmoil, the Arizona Attorney General has secured an $800,000 settlement from Diamond Resorts International, with a $1billion suit being filed in Nevada, Wyndham have lost a lawsuit for $20million, brought by an ex-employee.
In Colorado, the Attorney General has sued Highland Resorts for deceptive trade practices and the New York Attorney General has halted sales at the Manhattan Club, with a class action lawsuit underway. Hyatt is also in legal dispute with former sales agents, this has been going on for several years.
It is not only in the US that we are seeing problems, in the past week we have seen SIX, yes SIX Supreme Court rulings against Silverpoint / Resort Properties. In these rulings the product “Club Paradiso” has been declared as falling under the Spanish Timeshare Laws, with purchasers being considered as “consumers” and not “investors”. These judgements have again made legal history.
The length of the contracts have also been confirmed in these rulings as illegal, being for a period of more than 50 years. The courts have also returned double the amount paid on the deposits, these were taken within the stipulated 14 day cooling off period or reflection period, in some cases this has been extended to 90 days where the relevant information has not been supplied. Under this ruling if the balance was paid in this period then the total amount has been awarded double.
Silverpoint seem to have taken over the news from another beleaguered company, Anfi in Gran Canaria. We have seen around 29 Supreme Court ruling made against them since the first in March 2015, which also made legal history.
It is not only for the sales of the timeshare product that Anfi are suffering, there is also the ongoing problem with the Tauro Beach project that Inside Timeshare has been highlighting. There is at present a case in the court to remove the concession and permissions for Anfi to run the beach for the next 50 years, this is being brought by the Government of Gran Canaria. We are also waiting for the trial of the former head of the Coastal Authority, he has been charged with wrongdoing in public office and forgery of official documents.
The beach itself has been badly damaged by high tides and rough conditions, with major parts being washed away. Also remember that in August 2016, the local residents and their homes were flooded. The residents themselves ended up building defences to stop it happening again.
The sand itself which was imported from Western Sahara, which under UN rules should not have taken place, as this area is deemed under occupation by Morocco and is subject to sanctions. This sand around 70,000tonnes was laid on the beach without first being treated, so this could also have an environmental impact on the area.
So, there is a lot going on in the world of timeshare, we are only reporting the tip of the proverbial iceberg. There is more to come and Inside Timeshare will bring it to you as it comes in.
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