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Re: Important Update Affecting Resale Purchasers (by Sr E.):

I am of a similar view of many of the posters. I have a different appreciation of the alleged 'refurbishment fee'. Although termed by the Board as such, it appears to be misleading as a refurbishment is an expense incurred for maintenance or repair. What the Association Boards propose seems to be upgrades and enhancements and several of the expenditures could be seen as capital in nature. I, for one, did not purchase a timeshare in order to provide additional amounts of capital investment other than the purchase price paid to Vistana. The purpose of this extraordinary fee has been characterized as necessary to 'enhance' the vacation experience, but the question is who is to benefit from that expenditure? It seems that it should be the owners, but if the owners disagree with the benefit, or that the cost of that intangible benefit is excessive to them, then the Boards cannot be said to be acting in the interests of the association membership.

The question then is how did the Board determine that the interests of the association members is in agreement with the direction that they propose - that is, that the members agree to contribute a significant payment over and above their yearly maintenance and reserve fees. There are several thousands of members in the associations, and I have never been canvassed by any organization as to what my position is on this matter. That is what is required. The association membership should have a say in the matter.

The Boards should be and are accountable to their membership. The Boards should disclose the number of owners who oppose the proposals, or who attempted to contact the Boards to voice their disapproval. The Boards should also be required to advise the association membership of the fact that there is dissent with the proposal and allow those who oppose the refurbishment fee to contact one another. To that end, a mailer or any material sent out to the association membership with respect to this refurbishment fee should also contain a note stating that there is opposition and allowing a mechanism for those that do oppose it to do so in a meaningful way, especially since the Boards will not provide membership information due to privacy legislation. In any communication to your Board, advise them that you consent to them to distribute your personal information (name and an email address) for the limited purpose of allowing other members of like opinion to contact you, or to advise that you are against the proposal (sort of like adding you name to a petition). The members should insist that such a 'petition' be in existence, if it isn't already, and that the association at large should be advised of it. I feel that a refusal by the Board to act in such way could be seen as them acting in bad faith, which could be a ground for a court challenge. The Board of Directors are fiduciaries and as such are accountable to their beneficiaries.

The point is, there needs to be a gathering place where the members can meet and unite. This is merely one website where a handful of unhappy owners have voiced their upset with the Boards' decisions. More are needed. Unfortunately, I don't have the technical expertise or internet knowledge in order to do that. Perhaps someone else does? If not, just talking about it like we are doing here is a positive step as it lets others know that they are not alone.

I hope more will speak out. Please know that I have written to my Board of Directors and advised of my position against the refurbishment fee, for many reasons but especially the current financial situation. For me, the cost greatly outweighs any benefit that I may experience and to continue with this multi-million dollar 'investment' makes no fiscal sense whatsoever.

Feel free to comment or respond. E-mail can be sent to me at gawdelpme@hotmail.com.