It would seem that since the last article 23 May 2016, that Diversified Resorts and Sunset Beach Club are still demanding a supplementary payment from members. As stated in the previous article this is due to a “one-time Spanish tax assessment”, which even a Spanish Lawyer at the time J Correa did not understand.
They apparently failed to pay tax between 2009 & 2013, which amounted to around 7million€, which was reduced to 2.9million. Members have been told they have 30 days from receiving the notice to pay, those who fail to pay will have their points suspended.
So, Sunset Beach Club has been fined for not declaring its incomes and applying VAT, is this not their problem and not the points members, why should they have to pay?
Sunset Beach Club claim that members are liable as they own a share in the property assets, as points owners, which is a right to use system, many argue that they are not liable. They have no property rights and do not benefit from any income on the property. Had they owned under the original system of timeshare, i.e. the fixed week fixed apartment system, then being logged at the land registry, then maybe they would be liable.
But to force members to pay or lose their holiday rights is to say the least criminal. After all they have paid many thousands for these dubious points and also pay an annual management fee. Again it is the timeshare companies riding roughshod over those who keep them in business, is this the reason the timeshare industry has such a bad reputation, losing all trust and credibility?
It should also be noted, that according to the many judgements of the Supreme Court, the points system has been declared illegal. The reasoning behind this is that you own nothing, you are not guaranteed anything, it is a right to use system and is subject to availability. Somehow, I wonder if the suspension of your rights to use for not paying this extra charge, could be deemed illegal? This is one for the legal eagles. Follow the link for members comments.
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