As many timeshare owners know, relinquishing timeshare is not always as easy as you might think. In the past members were told that relinquishment wasn’t possible for various reasons – many of our clients report that they tried in the past but were told that it “wasn´t good for the status of the club that needs to maintain the income from members maintenance fees”.
In fact membership committees can require you to be either i) deceased, ii) bankrupt or iii) seriously ill (that is seriously ill and with membership fees up-to-date) before they are forced to accept you handing in your membership! All requests are accepted only at the discretion of the membership committee.
The following is an extract from the Beverly Hills Heights constitution (run by Excel Hotels and Resorts “Excel”) that shows typical terms and conditions:
” 7. MEMBERSHIP
(viii) A Member, or the person or entity which has the necessary legal authority to exercise rights on behalf of such a Member or his estate (including without limit, a trustee in bankruptcy, an executor or administrator of a Member’s estate) may apply to the Committee in writing to surrender membership rights in the following circumstances
(i) death of a Member;
(ii) official bankruptcy (or equivalent process) of a Member;
(iii) serious ill health which will only be considered on payment of the current year’s maintenance fees;
(iv) general surrender which will only be considered on payment of the current year’s maintenance fees;
Any such requests shall only be accepted at the discretion of the Committee* who reserves the right to request additional evidence as it considers reasonably necessary (including certified copies of any legal documentation) before agreeing to the surrender.”
However, in an extraordinary message on the Hollywood Mirage Club Members noticeboard members are now reassured in writing that they can now relinquish their weeks to the club free of charge.
This is fantastic news and if the membership committee honours this promise it will make life so much easier for members who want to simply walk away from their timeshare.
It is clear that the offer of free relinquishment is being made as part of an effort to stop clients contacting the Nordic Consulting. As a company we can categorically state that we are not aware of any lawsuits against us. On the other hand, our clients have already initiated numerous lawsuits and disputes with Excel.
Only time will tell if the latest offer of free relinquishment of weeks in the Hollywood Mirage will be honoured. If so, it really is great news for timeshare owners who “want out” but can´t find a buyer for their weeks.
But – it might not be so easy. Some timeshare owners have already contacted Excel to relinquish their week. They have been told that they need to provide a written reason for requesting the termination of their membership if they want a “general surrender” of their membership.
Why do members need to justify their relinquishment if they can do so for any reason? The fact remains that the membership committee has at their discretion the power not to accept the request for the surrender of the timeshare.
The Nordic Consulting continues to receive a stream of complaints and requests for legal advice from clients of Excel. If you have had experience trying to relinquish your timeshare from one of Excel´s resorts – either good or bad – we want to hear from you, so that we can advise others in the same position the best course of action.