Time-Shares/Timeshare Rights


Hi John,

I have a situation with a timeshare that I feel is some sort of scam. My grandparents have owned this time share for a condo at the beach for at least 10 years. They live close by the condo now and have been letting family stay there since they moved. In that last couple of years there has been some things going on that is making many timeshare owners at this place very frustrated. Festiva took over and started this points system and has been trying to convince timeshare owners to give up their timeshare to move to this point system. It seems every year gets worse since this company took over. My mom and I were talking to other owners while at the pool last year and every owner we talked to feels the same. We got a notice about an assessment fee and some renovations going on over the off season (which were supposed to be completed by Memorial Day at the latest) and my mom decide to call to make sure everything was set for us to come stay as usual. ( Our timeshare is for June 19 - June 26. ) When she called they said our condo probably won't be ready in time for that week. So she asked if they would be letting us stay in another condo and was sternly told no. So another words, even though we pay all the fees every year, plus the assessment fees we now are told last minute that our timeshare will be unavailable this year and we're just out of luck. I know very little about this whole timeshare thing, but this seems like a rip off to me. It seems like we have no rights in this matter. Can you tell me if there is anything we can do? Can they do this? It just makes no sense to me in so many ways. I have a hard time believing that the condo is not ready at this time of year. They were just working on the decking anyway, nothing inside the condos. Any help you can provide would be much appreciated. Thanks!

Hi Courtney,

The resort is required to offer you something to accommodate you for your stay if the unit will not be completed. If they do not have any accommodations at their resort they are required to provide you with similar accommodations, or something to make up for it, such as a deposited week in an exchange company, or another week next year, or later in the year. They can not just take your maintenance fees, special assessment, and then tell you there is nothing available. They must provide something. I would call back and request the President of the HOA's contact information so you can speak directly with them about it. If they still tell you know, be stern with them and let them know that you own the rights to your deeded week and unit and you will be staying there this year. If it is not available you will be finding different accommodations and will be billing the resort/HOA for the fees you incur to stay somewhere else.

As far as upgrading to points, if you and your grandparents enjoy the week you own, then there is no reason to upgrade to points. If the points system makes sense for you and them, to be able to use other locations and times then it might be worth it to upgrade. However, if you upgrade you will not be automatically entitled to your week. You will need to make reservations as far out as possible to ensure you get the week you want.

Let me know if you have any other questions.



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John Kushman


I can answer any questions regarding the timeshare industry, developer sales, resales, vacation clubs, donation, liquidation, listing, for sale by owner, RCI, II, SFX exchange. Anything related to timeshares or campground memberships or fractional vacation real estate


I have been in the industry for 7 years. I started selling timeshare for a developer in South Dakota. I then transitioned into the escrow side of the resale market and I am currently the VP of Sales and Marketing at Resort Closings, Inc. Resort Closings Inc is the largest timeshare escrow service in North America. It provides full service timeshare transfer as well as sales.

High School Diploma. 3 years of Higher Education.

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