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Timeshare ownership ALWAYS includes legal obligations... (by KC):

carvana wrote:

ian139, you say there is "no contractual obligations" set out in the body of your acquisition deed. What you need to understand and no one has addressed this point is that you purchased the timeshare subject to the terms set out in a declaration filed in the deed records by the developer. As part of your due diligence prior to the purchase you should have read this declaration.

The deed usually refers to the declaration on file but its failure to do so does not free you of those obligations. They run with the land. The declaration requires you to pay the annual maintenance fees set by the owners association together with any special assessments. You cannot simply walk away from the timeshare without serious financial consequences.

Thank you for further reinforcing this point, on which I apparently failed to convince Ian (despite several separate attempts to do so) by making repeated references to the underlying governing documents (i.e., recorded declaration). As you have eloquently articulated, those underlying governing documents prevail, with OR without any overt reference to same within the body of a later resale deed.

I'm now wondering if Ian's ownership was perhaps an eBay purchase in which a PCC (or other non-attorney entity) prepared a simplistic "kitchen table" quit claim deed, which perhaps included no reference at all to the underlying declaration documents. If that is the case, it might explain Ian's insistence regarding the absence of any such references. Hopefully, he will nonetheless absorb and accept at some point that those governing recorded declaration documents (whether or not specifically referenced within HIS particular resale deed) DO exist and WILL always prevail in regard to his (and all other) timeshare ownership rights, responsibilities and obligations.

We shall see. In any event, thank you again for weighing in here.