What's a Timeshare Board of Directors?
3 min read
All timeshares are governed by a unique set of rules often called timeshare bylaws or covenants, conditions and restrictions (CC&Rs). Timeshare owners and the Board of Directors are bound by these bylaws and must follow them. However, timeshare bylaws can be long and confusing. So, we’ll try to simplify what they are and how they affect you.
Timeshare bylaws are created, revised and maintained by the Board of Directors (BOD) of your Homeowners Association (HOA). The BOD is a group of elected and/or appointed individuals responsible for running your timeshare.
As with everything relating to timeshares, the contents of the bylaws will vary greatly from resort to resort. We highly recommend that you get and read your timeshare bylaws—preferably before you buy. Although we can’t say exactly what yours contain, here are the types of rules you’ll find.
Most bylaws state how many members will sit on your BOD, if they will be either elected or appointed and by whom, what requirements are necessary to be on the board, as well as term lengths and limits. They could also contain procedures for the discipline or removal of and member as well as procedures in the event a member cannot complete their term.
These bylaws govern how the property will be maintained and used by both owners and the management company. They might cover how loud you can be and within what hours. Or where you can deposit trash or where you should park. If you’re wondering if you can bring pets, check here. And if you’re wondering how often landscaping or housekeeping will be done, check here, too. Hopefully, these rules will be reasonable and contribute to an awesome vacation. However, make sure you’re willing to comply before you buy!
Pay special attention to these bylaws! Among other things, they tell you when maintenance fees and special assessments are made public, when they are due, how you can pay, and what happens if you don’t pay. They’ll also state when the budget is due, how it is approved, and other aspects of resort finances.
Bylaws will also outline penalties for violating the bylaws. These consequences range from warnings to fees to more serious consequences like loss of privileges or forced compliance. For example, if you park in an undesignated area, you may get a warning or a ticket. However, if you bring your dog to a pet free timeshare, you may have to remove Fido from the premises. Or if you fail to pay your maintenance fees or special assessments, you’ll more than likely be unable to use your timeshare until you catch up. Because the consequences can be severe, make sure you can live with the rules.
In discrepancies between timeshare bylaws and local laws, local laws win. Your BOD cannot enforce any bylaw that violates local law. So, know that the law is on your side here.
We hope this keeps you from getting into a timeshare that doesn’t suit you. If it’s too late, we can help. Contact us for a free consultation and find out how you can get out of your unwanted timeshare safely, legally, guaranteed.
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