Hurricane Ian was a catastrophic hurricane that struck the State of Florida in late 2022, causing loss of life and significant property damage to homes and condominiums. The category 4 storm also impacted timeshare resorts across Florida, leaving behind a path of unanticipated damage and destruction. As the hurricane season is coming to an end, many timeshare owners are left wondering about the future of their vacation resorts.
In the aftermath of Ian, timeshare properties were initially inspected with some only partially damaged while others sustaining an unrepairable event caused by wind and storm surge. A tourist captured a video of damage to an Orlando timeshare property as Hurricane Ian rolled into the center of the state. Most of the major storm’s impact however appears to have occurred in coastal areas like Ft. Myers and Sanibel.
South Seas Island Resort on Captiva Island for example will be closed for a year due to flooding. Meanwhile in Daytona Beach, the Tropic Shores Resort said it will not be offering amenities until further notice due to surge impact of the hurricane. The pool deck is closed along with the resort’s seawall cracked, separating steps leading down to the beach. Depending on a variety of circumstances, with some declaring total loss, these timeshare resorts may not be able reopen.
Hard Choices for Resorts
Natural disasters present a unique set of challenges for timeshare properties, particularly when it comes to the decision of whether to repair, rebuild or sell the property. Hard decisions need to be made by some timeshare boards in order to get out from under the burden of waiting on insurance claims which could take a long time. Furthermore, their timeshare property could be required to close or only have some parts open for use. If these independent resort associations cannot pay for the necessary repairs using their own reserve funds, they may have to raise money from their owners through special assessments and raising maintenance fees.
Is There Enough Insurance Coverage?
Many timeshare resorts only obtain enough property insurance to replace the exterior buildings. If the resort has to close for an extensive period, these policies usually don’t take into account any lost revenue. Usually, if a timeshare has business interruption insurance, the policy wouldn’t cover all of the missed rental income. More often than not, these costs are charged to the resort’s owners as expenses.
What timeshare owners can do if their resort is closed due to Hurricane Ian.
If your timeshare resort is closed due to Hurricane Ian, you may be able to get a refund or credit from the resort for future use. You should also contact your timeshare association or management company to find out what options are available to you. If you have a travel insurance policy, you may be entitled to a refund or credit for your 2022/2023 reservation.
A timeshare owner should be speaking to the resort manager and management company for continuing hurricane recovery details. Owners will likely find information posted online or provided by email. It is important to know the next steps timeshare resorts are taking in order to protect your vacation interval. As a timeshare owner, you have paid good money for your timeshare property and you deserve to be kept up-to-date on the status of repairs. With a number of timeshare resorts still closed due to Hurricane Ian, it is important to know when they will reopen.
An Attorney Can Help You Understand Your Options
If you feel you need legal advice, you should contact a consumer timeshare attorney who is experienced in Florida real estate and timeshare laws. If you are facing problems with your HOA or have a legal claim, lawyers who specialize in these areas can help.
This information is provided for general informational purposes only and should not be construed as legal advice. You should always consult with an attorney to discuss your specific situation.
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Led by timeshare attorneys Michael D. Finn and J. Andrew Meyer with over 75 years of experience. The Finn Law Group is a consumer protection firm that specializes in timeshare matters. #Timeshare #RealEstate #HOA #Insurance – Contact us today for a free consultation in person, over the phone or video conference. Follow us on Twitter.