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Welcome to Monday and a Happy Birthday to the National Timeshare Owners Association

Welcome to our Monday article, we start with some news from Europe, Canarian Legal Alliance has been at it again. More news from the courts in Tenerife finding for CLA clients against Silverpoint.

On 2 May, the judge presiding over The Court of First Instance No 5, ruled the contract these clients had contained several infringements and declared the contract null & void. The judge also ruled they should be awarded over £25,957.79 plus the return of their legal fees and legal interest. In this case the main infringement was the floating weeks. The Spanish Timeshare Law 42/98 was reaffirmed by the Supreme Court, a timeshare contract must include a specific date, location and period.

The following day, the same court declared yet another contract from Silverpoint illegal under law 42/98, this infringed the length of the contract. The Supreme Court on numerous occasions have stated that under the law no contract can be over 50 years. The judge in this case again declared the contract null & void, ordering Silverpoint to return over £8,856.71 plus legal fees and legal interest to the client.

Canarian Legal Alliance also received a visit from the Kavli Family, who had their Anfi contract declared null & void awarded back over 39,413€ plus legal interest. Their visit while enjoying a relaxing holiday was to thank the entire team at CLA for all the work they put in to resolve their situation.


On another note, this weekend saw the awards presentation of the Canary News Business Awards. Canarian Legal Alliance won the the award in the Service Category, with the Head of Operations, Csilla Nazali being awarded Business Person of the year, this was accepted on behalf of the entire CLA Team. So congratulations to them.

It would also appear that our “Fake Law Firm” the Litigious Abogados family have a new member, Abogados Amable & Garcia. The website is very much like all the others, accept they have a few new photo’s of “Lawyers” with some new names: Juan Hernandez Amable, Armando Ignacio Garcia and Ramon Quemon Cremul. These have not been traced on any Bar Association register. Even the logo on the website is a rehash of the Abel Garcia one. More on this as the information starts to come in.


So on we go with the NTOA article, this follows the news that TATOC, the association that is supposed to represent owners committees, is going into administration. As you will see from the article, there is a difference between the two organisations. The NTOA is independent of the industry, whereas TATOC was funded and run by the industry for the benefit of the industry and not you the owner’s / members. After all we know that Harry Taylor took up his position with TATOC while still a senior figure with Diamond Resorts Europe. We also know he supported MacDonald Resorts to the hilt against owners, when MacDonald’s decided to remove all fixed week owners and replace them with a points system, legal action on this is still ongoing. Somehow we think that is a conflict of interest and not conducive to being “independent”.

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Just before publishing today’s article, ARDA once again unleashed its powerful propaganda arm in retaliation against Don and Irene’s FOX Property Man interview with Las Vegas attorney Bob Massi. This was Don and Irene’s attempt to warn the public about Diamond Resorts points not being able to be listed with a member of the Licensed Timeshare Resale Broker Association. A timeshare member can list any major timeshare except Diamond Resorts with any of the 64 members of the LTRBA. The members feel the restrictions Diamond places on the use of secondary points are more onerous than any of the major timeshares they do list.  

You decide the merit and purpose of this interview. The industry continues to ignore the secondary market preferring to promote surrender programs. While the elderly are often mentioned, many young families who feel they were defrauded on the front end of the timeshare purchase have reached out to Inside Timeshare to let their voices be heard.

One of the many Diamond Advocates has reached out to the ABC reporter to offer a 101 in Truth. Why Diamond will not loosen its restrictions so that a member can actually sell their timeshare is a mystery.

Our National Timeshare Owners Association 20th Anniversary

NTOA – A Timeshare Member’s Only Voice


By Charles Thomas and Irene Parker

May 8, 2017

European timeshare member lobby efforts are in a state of upheaval due to the bankruptcy of TATOC. It is not always easy to determine if an organization is on the side of the timeshare member or on the side of the developer. One thing is clear. The timeshare developer is not on the side of the member when the interest of the member is at odds with the developer.

The National Timeshare Owners Association in the US is one timeshare member/owner organization unquestionably on the side of the owner or member. As the industry moves towards points, timeshare buyers don’t “buy” or “own” anything. I will use “member” from now on when referring to timeshare purchases.

Timeshares today are mostly a “right-to-use” program. Buyers “join” the program. Unlike a country club that charges a nominal initiation fee upon joining, a timeshare purchased directly from a developer usually involves an initial outlay of $25,000 to over $100,000. Unlike a country club, you can’t cancel at whim.

Signing a perpetual contract without a secondary market, or a limited secondary market at best, has given rise to a robust transfer agent scam industry and has been a boon for timeshare lawyers assisting those sold by “deceit, concealment or bait and switch”, defined by the FBI as White Collar Crime. There have been numerous lawsuits.

Timeshare developers have been unwilling to address the need for a secondary market, preferring to focus on voluntary surrender programs, which are not guaranteed. Often members must grovel before the developer seeking release from a timeshare they no longer need or want.

This unwillingness to allow a legitimate secondary market could lead to the industry’s demise. As one member of the Licensed Timeshare Resale Broker Association told me, “Many of the calls to our office begin with – my parents got roped into this timeshare.”

Timeshare has had its share of ups and downs over the years. My husband and I bought our first timeshare in 1984, so we have ridden the waves. Never have I seen such an upswing in predatory lending and aggressive strong arm selling tactics. Never before has there been such a need for an organization that truly and purely is on the side of the timeshare member.

I asked Greg Crist, CEO of the National Timeshare Owners Association to describe the organization in a nutshell.

NTOA is a source of real and unbiased information and education. Over the organization’s 20 year history in the timeshare community, we have seen many ownership programs develop and later change. For example, developers have been converting to points programs from deeded intervals for several years. There are other major changes happening in vacation ownership and often owners are not keeping up with those changes. Our role is to help educate those owners (our NTOA members), assisting them to better understand their current ownership benefits”.

“Advocacy is another area we focus a lot of attention on in the United States, Canada and now Mexico. We work with law enforcement, regulators, legislators and attorneys, assisting in consumer protection and again educating all stakeholders on various threats to consumers that exist in the marketplace”.

“Finally we do everything we can to encourage owners to get the most beneficial interest out of their Vacation Ownership. As timeshare owners ourselves, we feel these are the three areas that owners typically seek knowledge and support from us.”

Greg Crist: CEO NTOA

Inside Timeshare previously published an article about NTOA’s efforts chasing fraudulent timeshare transfer agents caused by the limited secondary market. This is one area the NTOA and the timeshare developer lobby organization ARDA share a common interest. As NTOA works so much behind the scenes, many timeshare members are not even aware of the organization’s existence.

We hope that will change as we launch a membership drive.

Here is one example of how NTOA worked with Eagle Crest in Oregon to stop this particular timeshare transfer fraud.

As to the demise of TATOC in Europe, Greg expressed some dismay over the demise of this organization.

“The NTOA has worked with TATOC in identifying a number of rogue resale and secondary market companies over the past several years. To that end, our staff has shared intelligence and best practices for consumers and for foreign purchasers of timeshare intervals. We have always considered TATOC a partner in the war on resale fraud.”

I posed the following questions to Greg:

What can a timeshare member do to promote legislative changes to reduce the volume of complaints about aggressive selling and predatory lending?

Greg: The various state legislative processes are often fast moving and difficult to keep up with. Having success in this area requires a grassroots effort in states where owners reside. The optics that many legislators have is that our owners/members are not voters in the states where industry lobbying is prominent. We have to change that perspective so that elected officials are more receptive to the voices of owners.

What is NTOA’s three to five year plan?

Greg: NTOA is in the final leg of its expansion plan in North America. We have been working in Canada for the last three years and began working in Mexico in 2016. This year, we are participating in two industry conferences in Mexico and intend to have a consistent presence there going forward.

To accomplish this part of our mission, we rely on close relationships with other associations in those countries. This includes the CVOA, CARE, ASUDESTICO and ACLUVAQ. In working with partners, we can not only better assist our members/owners but also promote regional tourism as well.

Is there anything NTOA can do to promote a legitimate secondary market?

Greg: The secondary market is a very complicated problem and no one-size fits all solution will work. The NTOA is working with the C.A.R.E. resale task force to develop a better understanding of the barriers, challenges and opportunities for owners and HOA’s.

When you support the NTOA, you are supporting the only recognized independent association in North America supporting timeshare owners.


Timeshare Advocacy needs more member voices. We look forward to hearing from you. For more information about how to join NTOA, here is their website.

NTOA has assisted many of our Inside Timeshare readers through member supported advocacy groups. We have several upcoming articles contributed by timeshare members reaching out to the general public and to current members by sharing their story hoping to promote increased awareness.

Diamond Resorts Owners Advocacy is one Advocacy Group Inside Timeshare supports. We hope other timeshare member groups join the cause.

We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

Inside Timeshare would like to thank Greg Crist, CEO of the NTOA for his contribution to this article, as usual Irene has done a superb job of conducting the interview.

We would also welcome any views or comments on any article published, it is your voice, use it.

your voice


Chicken Soup for Timeshare´s Soul!

Chicken soup is used as a remedy whenever anyone is ill, I remember as a kid if I was under the weather mum or gran would ensure I had a bowl of hot chicken soup. Whether it did any medical good is not clear, but it did make me feel better.

The chicken soup for timeshare is a cacophony of abbreviated names, which many of us cannot work out what they stand for. I will not go for the ones on mainland Europe, for one simple reason, I don’t speak the myriad of languages we have. So here are the ones we have in the UK if you have a timeshare or consumer problem.

Firstly the timeshare ones: we have the RDO, Resorts Development Organisation, this is the trade body for the industry and represents only the industry not the consumer.

TATOC, The Association of Timeshare Owners Committees, this is supposed to represent you the owners, but as we know they are funded by the industry for the industry. Also they are in deep trouble as we saw in yesterday’s article.

Non timeshare organisations:

BIS, Business Innovation and Skills, this is a government department, in the past they are the ones who closed down several “dodgy” holiday clubs.

They also work very closely with TS, this is Trading Standards. Each county council has their own trading standards office, again they have been instrumental in closing down rogue companies.

CAB, this is the Citizens Advice Bureaux, this is an agency run mainly by volunteers who offer advice and information on a variety of subjects. Unfortunately when it comes to timeshare they will refer you to TATOC.

FCA, the Financial Conduct Authority, they deal with anything within the finance world, it is they who lay down the regulations for how businesses such as debt collecting agencies operate.

FOS, The Financial Ombudsman Service,this is a government body who is the last resort in any dispute on financial matters. For instance problems with loan agreement, credit card refunds, including complaints against debt collecting agencies.

There are plenty more but my soup pot is only small, so I cannot fit anymore in, Irene in the her article today explains the numerous ones in the US, this will be of specific interest to those in Europe who have bought in the US. You also have the right to lodge complaints there, even if you live in Europe.


A Survey of Administrative Remedies for the Timeshare Owner

Original by Attorney Mike Finn, Finn Law Group

Peasant Version: An Alphabet Soup of Regulators

Who are they? How can AGs, CFPB, FTC, or the BBB Help Us?

By Irene Parker – February 6, 2017

Board meet

Many timeshare owners have little or no understanding as to how to go about fostering change when business practices have degenerated to the point such practices become harmful to consumers. This article takes some of the mystery out of governmental and nongovernmental agencies offering a blueprint for consumers to follow.

Given recent actions taken by such agencies, and in light of today’s timeshare climate, we look at what’s happening and examine where we can go from here.

The Manhattan ClubNY Attorney General Eric Schneiderman halts sales.

Arizona Attorney General $800000 Diamond Resort Settlement and AOD

Colorado Attorney General Cynthia CoffmanHighland Resorts and Sedona Pines

Tennessee Attorney General Herbert Slatery IIIFestiva $3 million settlement

Diamond Resorts Billion dollar lawsuitAlbright Stoddard Warnick & Albright

Consumer Financial Protection Bureau Westgate investigation

$20 Million Wyndham Whistleblower award to Trish Williams

Three former Hyatt sales agents: Whistleblower lawsuit.

Clearly, timeshare needs to change, so I reached out to timeshare attorney Mike Finn of the Finn Law Group in an effort to understand how regulatory agencies work. Mr. Finn describes his writing style as “lawyerly”.  In order for me to understand an article found on the Finn Law Group “Learning Center”, I have to rewrite it. This serves as some source of consternation to Mr. Finn, but he on occasion graciously allows me to redact one of his papers so that my fellow peasants can understand the topic.

First: The Federal Trade Commission FTC

The Federal Trade Commission was created in 1914 to prevent unfair and deceptive acts or practices. The FTC does not resolve individual complaints, but provides information about the next steps a consumer may take to resolve an issue.

The FTC looks at fact patterns in an industry. Several (the key word is always several) complaints may indicate a pattern of fraud and abuse which may lead the FTC to investigate and eliminate those unfair practices.

We begin with the FTC, because many states have enacted a portion of this federal act into state law.

profit loss

The Timeshare Cycle

If a consumer encounters a rogue sales agent in the timeshare industry, the experience can be described as a vicious cycle or circle that begins with the oral representation clause used and abused by unscrupulous timeshare sales agents. Consumer complaints beginning with “the salesman said” are sadly told the timeshare developer is protected by the oral representation clause.

In some cases, as in the case of Ralph Marble, maintenance fees escalate so fast the timeshare owner can no longer afford the fee. Mr. Marble was never able to use his vacation plan because of being diagnosed with a medical condition shortly after purchase. His maintenance fees increased from $200 to $684 over eight years.

Voluntary Surrenders are on a case by case basis. If a timeshare owner is denied a voluntary surrender, they are often driven into the nets of timeshare “listing” or transfer agents. Some transfer agents are bogus which means the owner thinks they have unloaded their timeshare but have not. If the transfer agent is “legitimate”, the surrendered contracts are bundled 50 to 100 contracts and sold back to the timeshare developer, who in turn resells for full price. Thus the circle is complete.

After a four to seven hour timeshare sales presentation, the beleaguered buyer is poorly equipped to read the mile high stack of documents they are about to sign.

man list

The Consumer Financial Protection Bureau

The CFPB is one of the newest government agencies created in July 2010 partly in response to the mortgage crisis in the late 2000s. The goal of the CFPB is to watch out for American consumers in the market for consumer financial products and services. The timeshare industry utilizes various financing tools in its sales practices and presentations.

The CFPB told me consumers should choose the mortgage option when filing a timeshare complaint, even if there is no mortgage. Timeshare is somewhat new to the CFPB. If the owner does not want to file a formal complaint, there is an option to “Tell Your Story”. I tell the CFPB stories almost every week.

The CFPB does publish the subject and data of the complaint, feeding its Consumer Complaint Database. Most importantly, the CFPB will report to Congress with the purpose of enforcing federal consumer financial laws and writing better rules and regulations.

As more credit card transactions involving timeshare purchases are generated, the credit card financing aspect should not be overlooked for consumers seeking a monetary resolution to their timeshare purchase issues, assuming a credit card was utilized. Diamond Resorts offers a six month 0% interest rate “Barclaycard” offer if the credit card is used to purchase a timeshare. More and more timeshare developers are acting as new credit card originators for third party financial provides such as Bill Me Later (a division of PayPal) Barclay Bank, Bank of America, and a couple of credit unions.

Unlike other regulatory agencies, companies must reply to the CFPB’s complaints or inquiries. Consumers should file their complaints with the CFPB, but expect only a modest resolution and an opportunity to be heard. However, the more complaints the CFPB receives regarding a company, practice, or industry – the more likely those complaints will be presented to Congress. Congress has the power to create new rules and regulations that can improve the market for consumers when Congress reviews and enacts new laws.

Attorneys General or State’s Attorney

An Attorney General (AG) is a publicly elected position. Every state in the US has one. The AG is charged as the chief legal officer for their respective state. The AG’s Office proclaims to protect “timeshare owners by investigating business practices” relating to the sale and resale of timeshare interests.

The AG’s Consumer Protection Division has the civil enforcement authority to investigate and prosecute violations of the state’s Deceptive and Unfair Trade Practices Act. The Division is additionally responsible for the enforcement of the civil provisions of the Racketeer Influenced and Corrupt Organization Act,(“RICO”), which punishes businesses and “enterprises” conducting patterns of illegal activities within a state.

Notably, the AG by law cannot represent private citizens in legal disputes. When a complaint is filed by a consumer, and the AG investigates the alleged misconduct, the AG does not represent the consumer on an individualized basis, but rather the interest of consumers in their state as a whole.

As in the case of the $800000 settlement the Arizona AG reached with Diamond Resorts, if the Division investigates and is successful in prosecuting or settling the action, there is a potential for recovery.

Florida Department of Business Professional Regulation (“DBPR”) state regulatory agency – Division of Florida Condominiums, Timeshares, and Mobile Homes (“Timeshares Division”)

Florida is a timeshare mecca center. The DBPR is an extension of the executive branch of the Governor, and is charged with licensing and regulating all businesses and professionals within the state. The DBPR subdivision relating to timeshares is known as the Division of Florida Condominiums, Timeshares and Mobile Homes (“Timeshares Division”). The Florida Timeshares Division licenses and regulates timeshares through education, complaint resolution, mediation and arbitration, and developer disclosure.

The Office of the General Counsel (“OGC”) of this division represents the interests of Florida residents and does not represent individual complainants. In most cases the Department, even with successful prosecution, does not typically recover money that a consumer has lost. Many consumers rightfully wonder what the likelihood of success would be if they take the time to file a complaint.

Statistically speaking, from April, 2014 through April, 2016, the Florida Timeshares Division received 2,360 complaints. Of those complaints, only 110 resulted in action by the Florida Timeshare Division – less than 5%!

The Better Business Bureau BBB

The Better Business Bureau is not a regulatory agency. It is a nongovernmental nonprofit that serves to promote a community of business that consumers can trust. The BBB does not solve consumer disputes. Success is not based on the outcome, but whether the business responded or not.

The BBB rating rates only how cooperative and responsive a business will be to consumer issues.

National Timeshare Owners Association

The National Timeshare Owners Association is a social purpose organization dedicated to educating, advocating and protecting ownership interests. For nearly 20 years, the NTOA has worked to ensure owners have access to resources available to them. As the oldest and largest member based association, NTOA works closely with other industry associations and stakeholders such as CRDA, TBMA, TATOC, CARE and FTOG. NTOA’s extended relationships include 12 domestic and international developers, HOA‘s and management companies. The NTOA seeks to find solutions to some of the industry’s most complex issues.

Summary and Conclusion

What avenues, if any, exist for the unwary consumer who gets pressured into purchasing a $25,000 to $100,000 or more timeshare interest with credit at a 14% to 19% annual interest rate accompanied by a lifetime and beyond maintenance fee obligation? A thriving resale scam industry exists due to the limited and sometimes nonexistent secondary market.  

It’s not until long after the contract is signed, or if the family experiences a life crisis, they learn that the purchase contract often contains no way out. In all likelihood, the perpetual contract was signed in a same day sale, after a sales presentation that lasted for hours. The elderly are targeted, according to several lawsuit allegations.


Given recent regulatory decisions and legal actions, a highway of hope is under construction.  


To perhaps state the obvious, the timeshare industry is a well-organized and wealthy industry that has the ability to lobby for favorable laws and treatment.  Contrast this with the average consumer who is economically stretching to afford a $25,000 timeshare interest.

Contact Inside Timeshare if you would like to learn more about organized efforts to reform an industry badly in need of reform. Thank you to timeshare companies working towards a safer and owner friendly timeshare industry.

We would like to thank all contributors to this article especially Mike Finn of the Finn Law Group.

Inside Timeshare is here to bring you the latest news on what is happening in the world of timeshare, at present we are very much focused on Europe and the US. We are however working on collaborating with writers in Australia, this will bring you the news on a worldwide scale. We would also like to hear from any owners in Australia, New Zealand and South Africa. You can contact Inside Timeshare through our comments section or email direct to

We look forward to hearing from you.

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