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For any owners at Palm Oasis

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  • For any owners at Palm Oasis

    This is part of report from the AGM I have been told by a legal person that they cannot find anything about the Spanish parliament are looking at the law about contracts in perpuity but being made into fifty year contracts so at the end the management can take back the contracts without paying timeshare owners any compensation
    It was also agreed to modify the Timeshare regime in order to recognise each owner’s right to unilaterally terminate their contracts at any moment without
    stating any reason.
    As a result of this modification of the regime, the number of owners’ claims requesting their contracts to be declared null and void on the pretext that the
    duration of the regime of Tasolán S.L. was longer than fifty years has dropped significantly.
    At present, the Spanish Parliament is working on the modification of the Law on Timeshare in order to clarify that the Spanish legislator never intended to
    impose a maximum duration of fifty years to pre-existing timeshare regimes and regimes that were previous to the current law, but quite the contrary, the intention of the
    legislator was to respect the rights acquired by the promoters that already had their Timeshare regime registered in the Property Register before the law came into effect.
    The intention of the legislator was to allow promoters to regain ownership of the complex free of encumbrances and other owners after the maximum period of
    fifty years.)

  • #2
    Hi Lawnmover in your sentence here " It was also agreed to modify the Timeshare regime in order to recognise each owner’s right to unilaterally terminate their contracts at any moment without stating any reason"

    Are you saying Spanish Parliament stated anyone can leave without any management penalties in Spain. Some resorts charge a multiple of maintenance fees?
    Last edited by Charlie1; 18-02-2018, 06:42 PM.

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    • #3
      This is something that we have been saying all along. In that if there were clear exit strategies then owners of timeshare would be less likely to leave. It is only the fear of being "locked in" that leads to many wanting to "escape."
      This is exacerbated by the scaremongering scammers who tell owners that their maintenance fees will be rising by up to 10% above inflation and that their children and grandchildren will have to keep paying these fees in perpetuity. Load of rubbish of course but many have been taken in and swindled into purchasing relatively worthless Leisure Credits.

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      • #4
        This is what Palm Oasis have done on there own backs the way they have worded it seems it is for all owners not just the ones covered by latest law rulings it maybe a mistake saying all members but they have put it into the rules so they will have to stick with it .My thoughts on this is that they are trying to get rid of all owners and use it as a hotel like other resorts have done to make more money

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        • #5
          Originally posted by Lawnmower75 View Post
          This is what Palm Oasis have done on there own backs the way they have worded it seems it is for all owners not just the ones covered by latest law rulings it maybe a mistake saying all members but they have put it into the rules so they will have to stick with it .My thoughts on this is that they are trying to get rid of all owners and use it as a hotel like other resorts have done to make more money
          Could this not have the adverse effect though? As I said earlier, once timeshare owners are no longer locked in they will no longer feel the need to escape from what others are telling them is a scenario from which they and their heirs can never be free. When this occurs then the need to get rid of their perceived shackles is no more and so they can choose a time of departure to suit themselves so many may stick around much longer as a consequence.
          It is our long held belief that a goodly proportion of those who seek to exit would much prefer to leave at a time of their own choosing.

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          • #6
            Supreme Court - Decisions being upheld in Spain

            It would seem that the Supreme Courts in The Canaries are rejecting appeals regarding lower courts decisions that have been taken against Timeshare Developers. The decisions of the lower courts were upheld and the Supreme Court rejected appeals made by Anfi and Palm Oasis.
            Over 5 million euros have been awarded to timeshare consumers so far in cases on The Canary Islands. The awards have mainly been made against Anfi and Silverpoints/Resort Properties. It is anticipated by some, that unless the industry of timeshare makes some urgent changes to its anti consumer policies that the trend of courtroom activities will intensify and spread throughout Europe with courts in other countries adopting the lead of the Spanish Supreme Courts.

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            • #7
              What I cannot understand is that their court costs legal fees and compensation must be costing the resorts a fortune. Why don't they set up arbitration system with owners wanting to get out and pay them an amount agreeable with both parties they know no they are not going to win court cases it seems a logical way out. I can see that the courts will get fed up with them keep coming back with the same thing and start prosecuting them for breaking the law in the first place

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              • KEITH HURST
                KEITH HURST commented
                Editing a comment
                there none so blind as those that will not see

            • #8
              I believe that in some instances this idea has been adopted but of course it is designed by developer for developers. It centres around a final settlement agreement and also a confidentiality agreement which is designed to prevent as many members as possible from obtaining recompense and in effect, (as the courts are regularly ruling,) true justice.

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