Can a Timeshare Company Remove an Amenity Such as a Whirlpool Tub?
As a timeshare owner, you might find yourself wondering if the amenities you believed were included in your purchase, such as a whirlpool tub, can be removed by the timeshare company. The answer is not a straightforward yes or no; it depends on a variety of factors, including the terms of your sales contract, the covenants and bylaws of the timeshare community, and the board's decision-making process.
Understanding the Legal Framework
First, it's important to understand the legal agreements and documentation associated with your timeshare ownership. You should thoroughly review your sales contract and covenants, as well as any correspondence that the timeshare community has sent you over the years. These documents often outline the responsibilities of both the company and the owners, including the maintenance and update of the units.
In most cases, the timeshare company can remove or modify amenities like a whirlpool tub if it aligns with the overall goals of the community and follows the established procedures. For instance, if the board of the timeshare condo has decided to remove the whirlpool tub due to maintenance issues, water conservation efforts, or other practical reasons, it is a legitimate course of action.
The Role of the Board
The board of the timeshare condo has the authority to make decisions regarding the maintenance and management of the property. They often have the responsibility to ensure that units are maintained in a manner that aligns with the best interests of the community. If the board has decided to replace a leaking or aging whirlpool tub with a regular tub, they are likely guided by the need to conserve resources, reduce maintenance costs, and ensure the longevity of the unit.
It is important to remember that as a unit owner, you have the right to be informed about these decisions. While you may have a proxy vote to appoint board members, you must continue to stay informed about the condition and maintenance of your unit. This includes regular correspondence from the board.
Proper Documentation and Correspondence
To address the removal or replacement of amenities like a whirlpool tub, you need to carefully review all documentation and corresponding communications from the timeshare company. If the tub has been replaced with another type of tub, make sure to gather evidence and documentation to support your case. This might include photos, maintenance records, and letters from the board.
Additionally, you can consider requesting a unit exchange for one with a whirlpool tub or discussing your concerns with the board. They may be willing to offer a compromise that aligns with your needs and the community's goals.
Personal Considerations and Alternatives
From a personal perspective, if you frequently used the whirlpool tub during your stays, you might be disappointed to find it no longer available. However, consider that the removal of such amenities is a common issue faced by timeshare owners. If you value the convenience and privacy of a whirlpool tub, it might be more practical to install one at home.
The board's decision to replace whirlpool tubs with regular tubs or eliminate them altogether is likely driven by the need to reduce water usage and maintain the property efficiently. While this change might inconvenience some owners, it is often seen as a necessary measure to ensure the long-term sustainability of the timeshare community.
Conclusion
While the removal of amenities such as a whirlpool tub by a timeshare company is a complex issue, it is often a result of the board's responsibility to maintain the property and conserve resources. To address your concerns, it is essential to review the terms of your sales contract, stay informed about the decisions made by the board, and gather all relevant documentation.
Ultimately, if you find the change significantly inconveniences you, you might want to discuss exchange options or consider other practical solutions, such as installing a home whirlpool tub.