Timeshare owner loses court battle over renovation fee
B.C. Supreme Court ruling seen as test case in battle at Sunchaser resort in Fairmont Hot Springs
A timeshare owner fighting an extra billing at a British Columbia resort has lost his case in the B.C. Supreme Court. The ruling could affect other owners at the resort, including some who live in Saskatchewan.
In her written ruling, the judge acknowledged the lawsuit was seen as a "test case" for other owners refusing to pay thousands of dollars in addition to their annual maintenance fee, for a multi-million dollar overhaul of the property.
The resort management argued it has the right to charge owners for the repair and renovation project, under the terms of their timeshare agreements. The judge agreed.
So far, roughly one-third of the timeshare owners at Sunchaser Vacation Villas in Fairmont Hot Springs have paid the renovation project fee, the judge noted in her ruling. Nearly half the owners have paid a cancellation fee allowing them to surrender their timeshares and walk away from their bills. One-quarter have not responded to the cancellation offer.
There is no word, so far, on whether the court ruling will be appealed.
This is the latest chapter in an ongoing legal battle involving the resort and some of the timeshare owners. In 2014, the B.C. Court of Appeal set aside a previous B.C. Supreme Court ruling, allowing the resort to charge for the renovation project. That ruling was set aside on procedural grounds.