This morning I read a very interesting topic on Timeshare Talk about French timeshares. Admittedly, my knowledge on this countries timeshare structure was basic at best, but this article made me do some further research.
Firstly timesharing (multipropriété, but also called other things like interpropriété, polypropriété, pluripropriété, multijouissance and multivacances) isn’t as popular in France as in some other countries, e.g. Spain.
In France, timeshare owner’s purchase a right to occupy a property (jouissance) at designated times (fixed weeks).
Since 1986, timeshare properties have been owned by a limited company, such as a société civile immobilière, in which owners hold voting shares intended to give them a say in how a property is managed. Therefore the timeshare consumers in France are shareholders and not general consumers.
In the UK and other parts of Europe we have a huge flaw in the timeshare structure, and that is that they don’t provide a uniformed exit strategy for consumers. Raised on TimeshareTalk was;
“This is just me wondering I personally have read a lot on timeshare and the problems that it can bring. Mostly you read about Spanish Portuguese and UK resorts. But you don’t read of the same problems with other European countries regarding timeshare contracts for, example French, Italian and German resorts or do the other European countries timeshare contracts allow people to, leave”.
Now I know you should never assume but it is true that we do not hear a lot about other European timeshares, specifically French ones. Because of that, one would assume that it is because they have a system whereby, Consumers can exit their timeshare with ease.
I was always told to never assume (It makes an ass out of you and me). After some investigations I found that it is true, I was wrong to assume.
The European Consumer Centre provides the below advice regarding timeshares in France;
“The French timeshare rules are quite different to what you may know from other European countries.
All French timeshare residences are organized as SCI (“Société Civile Immobilière”), a specific legal entity for the ownership and management of property. So a co-owner of a Timeshare property based in France is also an associate of the SCI and the Timeshare contracts are subject to the rules governing the SCIs.
So if you wish to sell your Timeshare, the French law provides the following options:
- You gather the unanimity of associates in the annual assembly of co-owners and they agree to your withdrawal as co-owner from the SCI. To initiate the procedure you will have to write to the management company (“syndicat de copropriétaires”) to signal your wish to add this point to the agenda of the assembly. Then, during the assembly, your request will be submit to vote. Given that you need the unanimity, this procedure is quite difficult to operate, the other co-owners may fear higher charges for them if your leave.
- You may try to sell your ownership or donate it. Several Timeshare management companies offer help by providing advertisement in specialized catalogues etc.
- You may also apply to the courts in order to obtain a judicial decision allowing you to renounce to your ownership (for example for financial or health reasons).
- If you inherited the timeshare you have the same option within a period of 2 years after the transfer of ownership to apply for the rescission of the Timeshare contract. Indeed, the death of an owner does not cancel automatically the existing contract. As the shares in a company, even an SCI, are considered an asset, they are automatically transferred to the heirs”
To summarise,
If you own a timeshare or if you have inherited one in France, the only way to leave is to present it to the other owners at the “annual assembly of co-owners”.
This seems worse than our non-existent exit rules.
What if the other owners cant afford for you to leave?
What if someone else wants to leave too?
What if they say no?
For anyone who currently owns a French timeshare and wants to leave, if this avenue hasn’t worked then call the TCA. We will do everything we can to assist you.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk