Original Message:
ROFR is unrelated to "deedbacks"... (by KC):
laurab773 wrote:Ken, you are 100% correct. Thank-you for explaining this to people. I can't even count the number of botched transfers I saw where someone thought they could just quit claim it back to the resort. I even saw people get sued years later by the resort for all the maintenance fees that accrued while they were trying to figure out what the heck happened with the deed. Your resort has the "first right of refusal" which gives them the ability to deny your transfer of ownership. They MUST be part of the process if you want to legally deed it out of your name.
Just as a point of clarification and with all due respect, "right of first refusal" really has nothing at all to do with potential "deedback" to a timeshare homeowner's association (HOA) as discussed in this thread.
"Right of first refusal" (often abbreviated as ROFR), in order to even exist at all, is something which must have been written into the original governing documents (often referred to as CC&R's) from the very beginning in order to be exercised. ROFR essentially gives a DEVELOPER (not a subsequent HOA) the OPTION (but not an obligation) to exercise a BUYback at the exact same price for which a timeshare owner has found a prospective willing resale buyer on his / her own.
ROFR really has nothing at all to do with "deedbacks" as being discussed in this thread. ROFR doesn't actually exist at all with independent resorts. ROFR exists in only a few of the big corporate "chains" (Marriott comes to mind as a good example and I believe that Hilton may have ROFR too). Wyndham does not have ROFR, nor does DRI. Not sure about Hyatt.
In short, let's not confuse "deedbacks" to a HOA with a developer potentially exercising "right of first refusal" --- the two concepts are essentially unrelated to one another.
That clarification aside, it is indisputable that no "deedback" can be undertaken (or lawful) as a "one way" action. There must be advance knowledge and overt agreement ("acceptance") by the "grantee" in order for ANY "deedback" to be legally valid. That indisputable fact certainly includes and applies to any and all "deedbacks" to any resort.