Just recently we were asked to undertake research in respect to the above resort, as writs were appearing like confetti.
Interestingly the clubs trustees claim that “the future is bright for the resort” yet the administration is in the hands of the same people who could not see the tide coming in before the club drowned.
All is bright though, the resort and now suing it’s members again so all is normal in the world of Fairview Country Club Timeshare, having fully returned matters to a sense of normality.
The issue now is that the club is suing in civil court yet the constitution states “any and all disputes will be resolved in the forum of arbitration” (a less contentious arena). Yet again a resort ignores its own constitution and chooses not to elect the right way, not the less stressful way, but the we will sue you way. Who’s kidding who? No wonder Fairways tucked up tails and fled from the action when the TCA pointed it out.
Thanks for paying your own costs, it does help our consumers’ coffers in these times of austerity
Thanks given. What!!!! You were you suing for? Maintenance fees?
Why are you doing that?
Responce “Cause we (the club) have the right to sue our members if we want too”!
Well you don’t Fairways! And you don’t have the right to ask for maintenance feeseither, ( for at least the last two years), do you? Come on, do you? Why don’t you do the decent thing and tell all your members, it’s not hard, it’s honourable.
Buried in the clubs constitution are rules to protect the consumer against committees like this one!
Being in a position and administering the clubs affairs effectively you would think the committee would be familiar with the clubs constitution. Well do you i ask? I doubt it, but if you do then that has to be worse, because you (the committee) are either ignoring the rules (which protect the consumer) or are so ignorant you are incapable of being in a committee.
The club is required to account for the income and expenditure of the club and then have those accounts audited. These accounts and audits establish how much the club is worth – it’s reserves, its cash flow, its retained income, and amongst other things its expenses. Without them you cannot establish how much to levy in maintenance fees. In short committee members, you have been guessing. Not surprising the club is in difficulty!
Hope you have learning something Fairways Committee?
Why are you not completing accounts?
Why are you not doing audits?
Why are you not giving the consumers they contractual rights?
What else are you not doing?
I don’t take confessions but I know a men who does! They drive cars with blue lights on!
The TCA advice in respect to Fairways Country Club (Timeshare) is:
- Demand those accounts and audits
- Refuse to pay any fees claimed until such time as the fees rendered have been fully justified.
- Set up an action committee and hold the entire committee to account for the lack of care and the breach of duty.
- demand the return of fees you have paid over the last two years with interest.
Note: Each trustee member of the club committee owes each club member a fiduciary duty at all times and they can be made (if found in breach) to pay to the club the losses which have resulted.
Now I want to bring up another matter and that is the timeshare others have returned in exchange for crediting maintenance fees and/or paying a release from the timeshare.
Were the hell are those timeshares? Even in past accounts they don’t appear! Where are the benefits going, who is getting those weeks? Who are paying the maintenance contributions appertaining to those weeks? There is no mention in the accounts which have been filed. Do you agree this is a very grave matter (Oh wonderful committee)? “If” and I say that cautiously “if” the club is suffering as a result of unpaid contributions and someone else picks up the timeshare asset, why is this being perpetrated? If they are being retained in the club why are those untaken weeks not being offered to the members? I therefore repeat who owns those weeks?
Jax’s
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