Buying, Renting, and Selling Timeshares

Westgate Declaration of Condominium Onerous Terms

Aug 21, 2014

Wow, so I just seriously lost an hour of my life I'll never get back. Having had the misfortune of buying a timeshare from Westgate without the benefit of an attorney I find myself somewhat rudely awakened to just how onerous the terms of the timeshare agreement are. I know people on this forum and others like it detail the tragic stories of hard sales tactics, etc, but until you actually read the fine print you just don't know how restrictive they are. Obviously some covenants make sense and benefit the Owners... but the bulk of the terms in the Declaration effectively banish non-rescinding owners (ie owners not smart enough to tear up the contract before the rescind period ended) to the nearly inescapable abyss of debt servitude and maintenance fees.

Personally I am still glad to be an owner (particularly now that I know exactly what I own), but clearly I could have gotten a better deal. Further, although I am a firm believer in the rights of the entrepreneur to protect the interests of their investment and their vision, the terms of this Declaration are so onerous, particularly in light of how events have unfolded with respect to Planet Hollywood Towers, that the HOA board of directors ought to act within the amendment clauses of the Declaration to make the terms less restrictive generally to ease transfers of ownership between interested parties.

To wit: The LV Tower 52 HOA board should formally waive the right of first refusal specified in the Declaration, as well as the right to act as broker (and force payment of commissions on all third party sales).

These two simple waivers, along with formal communication of such actions to all unit owners, would go a very long way toward healing the cancerous existence of the otherwise orphaned Owners of units in the former Planet Hollywood Westgate Towers.


Barry L.

Last edited by barryl91 on Aug 21, 2014 06:28 PM

Aug 21, 2014

I should add that waiving the "no combining undivided units" clause might also make it easier for willing parties to clean up this unbelievable mess.


Barry L.

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