What Has ARDA-ROC Done for You Lately?

Since its inception in 1989, ARDA-ROC has championed owners’ causes on every regulatory and legislative level, from local to state to Capitol Hill, including a monumental victory in 1997’s Taxpayer Relief Act estimated by experts to have saved owners more than $100 million in taxes.

ARDA-ROC’s steady and strategic owner advocacy has generated an impressive list of legislative and regulatory triumphs (inventoried below). But new issues appear every day, including many “tax the visitor, not the voter” bills that target timeshare owners for revenue. For ARDA-ROC to continue its success, owners must maintain their strong support, and the vacation ownership industry must continue to encourage owners to join the ranks of the coalition.

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| 1997-2005 ROC Activities | 2006 -2012 ROC Activities | Download a PDF Version |

State Year	Legislative or Regulatory Change Supported or Funded by ROC	Benefit to Timeshare Owners
Florida 2012	Supported the Timeshare Resale Accountability Act which protects timeshare owners by holding resale companies who use deceptive business practices accountable for their actions.	Among other things, the law requires timeshare resale companies to disclose all terms and conditions of their business offering to a consumer, provides for a right of rescission for consumers to cancel a contract for resale services, and imposes penalties on companies who continue their deceptive practices.
Hawaii 2012	Defeated legislation that would make changes to the way condominium owners’ access association-related information to provide timeshare owners with the ability to obtain a copy of the owner list as maintained by the plan manager.	Protects owner’s contact information.
Missouri 2012	Passed legislation that clarifies timeshare properties are to be considered "residential" rather than "commercial" for purposes of property tax classification based on a ratio of the nights the timeshare units are actually rented compared to the overall nights available for use in that timeshare development.	This will help protect timeshare owners from aggressive efforts from county assessors who are trying to apply a commercial rate that is substantially higher. The bill also limits an assessor's discretion in determining rental use.
South Carolina 2012	Protected sales and exchange tax exemption for timeshare from tax reform efforts to eliminate many of the current sales tax exemptions in South Carolina.	There will be no increased taxes on timeshare purchasers or timeshare owners who exchange in South Carolina.
Virginia 2012	Passed legislation requiring any reseller of a timeshare in Virginia to be registered with the Common Interest Community Board and therefore subject to the regulatory authority of the Board. The law also requires timeshare resellers to make written disclosures to purchasers concerning the timeshare being resold and requires that a separate buyer's acknowledgment form must be provided to each timeshare purchaser disclosing certain information, including whether or not the developer owns a buyback program and making it clear that the purchaser is buying a time-share for personal use, rather than investment purposes or resale potential.	Provides consumers with reliable information about their timeshare purchase and the secondary marketplace. It will also subject timeshare resellers to a stronger regulatory standard.
Virginia 2012	Passed legislation that contains provisions that make it easier for an HOA to advertise the availability of timeshare interests at foreclosure sale.	Legal publications are very costly. Reduces the cost of foreclosing on a timeshare which will save timeshare HOAs and owners money.
Maine 2012	Worked with local operators in an attempt to introduce a bill which would have provided for expedited foreclosure procedures while also preserving non-judicial foreclose procedures currently provided by law.	Preserving non-judicial foreclosure procedures reduces the time and cost for timeshare associations and timeshare owners to foreclose on assessment liens and mortgage liens.
Florida 2011	Successfully opposed legislation that would have deregulated virtually all aspects of the timeshare industry as well as telemarketers and sellers of travel.	The removal of timeshare provision and eventual failure of this bill preserves long-standing consumer protections for timeshare owners and buyers in Florida.
Hawaii 2011	Defeated a state-wide proposal to increase taxes on timeshare owners by approximately 300%. With respect to the Maui County Council, ARDA-ROC was successful in helping to reduce the increase in the timeshare property tax rate from a proposed 28% increase to a 7% increase.	At the statewide level, the defeat of the tax saved timeshare owners over $30 million in news taxes for 2012.
Nevada 2011	Supported legislation to permit Internet advertising of timeshare foreclosures and establish standards to protect personal information of timeshare owners from abuse.	New law will reduce costs to owners’ associations of advertising assessment lien foreclosures by allowing internet rather than only expensive newspaper ads. Law establishes procedures to protect owner privacy from abusive marketers.
Nevada 2011	Opposed a proposed new policy by the Clark County Recorder’s Office in cooperation with other affected groups.	Prevented implementation of new policies (of questionable legality) that could have dramatically increased recording costs (such as for foreclosure sales) in the Las Vegas area.
South Carolina 2011	Successfully advocated against recommendations of a state tax review panel that would significantly increased the tax burden on South Carolina owners.	Timeshare owners will not have to pay additional property and occupancy taxes on their South Carolina timeshare interests.
Texas 2011	Monitored and amended several bills affecting property owners’ associations containing provisions inappropriate or potentially damaging to timeshare associations.	None of these bills were enacted during 2011 as ARDA-ROC worked with other groups that also found sections of the proposals to be problematic. However, more of these type bills are expected in 2013.
Texas 2011	Monitored the return of two bills that would have required timeshare buyers (and other property purchasers) to disclose the sales price of the timeshare or be subject to civil penalties.	Both sales price disclosure bills died in the Legislature, so ROC did not need to obtain a timeshare exemption as in prior sessions (2005-2009).
Utah 2011	Stopped a major overhaul of Utah’s timeshare legislation that would have placed significant new burdens on associations and, in some cases, owners.	The proposed legislation would have required associations to register as developers in order to sell reclaimed interests. Restrictions on trust-based products would also have devalued similar interests already held by owners.
Wisconsin 2011	Passed legislation to permit non-judicial foreclosure of timeshare mortgages and assessment liens.	Bill passed the legislature and, when enacted, will reduce the costs for timeshare associations to foreclose on assessment liens.
Arizona 2010	ARDA passed legislation that increases the non-monetary finder fee that can go to timeshare owners to $1000 annually and allows timeshare managing entities, in addition to developers, to use finder fees.	Allows the resort managing entity to pay a non-monetary fee (such as a credit against maintenance fees) when a timeshare owner refers a new buyer to the resort in order to facilitate resale of foreclosed weeks.
Connecticut 2010	Enacted entirely new timeshare law that took effect on January 1, 2010.	Among other provisions to protect consumers, the law adds disclosure, licensing requirements, and enforcement provisions for timeshare resellers that operate in the state.
Florida 2010	ARDA passed legislation to create a new streamlined foreclosure process that will remove timeshare foreclosures from the judicial system.	Help timeshare homeowners’ associations reduce the time and cost involved in reclaiming timeshare interests from owners who are delinquent in paying their maintenance fees. Current fore-closures take up to 18 months to complete and cost thousands of dollars in legal fees. The new process can be completed in as little as 3 months and will save hundreds of dollars in legal fees for each foreclosure action.
Florida 2010	ARDA supported legislation that removed restrictions from the condominium law placing limitations on timeshare condominium homeowners’ association board of directors.	Removes the current restrictions on timeshare homeowners’ associations that prevent board members from serving consecutive terms and from co-owners of the same unit from serving on the board simultaneously.
Hawaii 2010	ARDA supported legislation to extend general excise tax benefits to the timeshare industry.	Extends the general excise tax exemptions for condominium common expenses paid by managers, sub-managers, and sub-operators, and for hotel employee expenses paid by hotel operators and timeshare projects.
South Carolina 2010	ARDA successfully opposed legislation that would have imposed a sales tax on the exchange of timeshare units.	Prevented a sales tax on all timeshare exchanges that take place in South Carolina, saving timeshare owners tens if not hundreds of thousands of dollars in fees each year.
California 2009	ARDA was part of a group that has gained an important concession in SB 407 which requires the replacement of all plumbing fixtures in California that do not meet current water conservation standards.	The bill initially would have required most timeshare properties to comply by January 2014; however, ARDA was instrumental in securing a delayed effective date of 2019, allowing timeshare associations more time to plan for this new expense.
Florida 2009	ARDA passed legislation clearly establishing that timeshare exchanges are not subject to taxation in Florida. This measure codifies the existing tax status of exchange which had been questioned by some counties as they searched for revenue in a down economy. The legislation also cleared the way for timeshare developers to offer “debt cancellation” products to prospective timeshare owners.	Timeshare owners will not have to pay or charge sales taxes when they exchange a timeshare in Florida. Debt cancellation products would allow timeshare purchasers to return a timeshare to the developer if hit with a job loss or other specified events without a negative impact on their credit score.
Hawaii 2009	ARDA successfully passed SB 1352, a bill that will transfer fee timeshare interests from the land court system to the regular recording system, passed the legislature ending many years of effort, frustration and cost.	The new law will save every timeshare owner fees and costs associated with the recordation of a deeded interest timeshare in Hawaii.
Illinois 2009	ARDA successfully lobbied for and passed non-judicial foreclosure legislation for timeshare homeowners’ associations.	This legislation will likely save a timeshare homeowners’ association both time and money when conducting foreclosures of timeshare interests for failure to pay maintenance fees.
Nevada 2009	ARDA successfully negotiated an amendment to AB 149 to exempt timeshare from requiring mediation for non-judicial foreclosures.	Mediation and other requirements would have added costs to a non-judicial foreclosure without adding meaningful consumer protection.
South Carolina 2009, 2008 and 2007	Prevented the passage of a bill that would have imposed a fee on all non-owner occupied timeshare units.	Timeshare owners do not have to pay this fee if they wanted to exchange or rent timeshare units in South Carolina.
Utah 2009 and 2008	ARDA fought an attempt by the Utah Legislature to take away the ability of a Utah timeshare homeowners’ association to use non-judicial foreclosure to in order to foreclose on a timeshare owner for the non-payment of maintenance fees.	ARDA’s efforts preserved timeshare owners and homeowners’ association rights to continue to avail themselves of the non-judicial foreclosure process for foreclosure of timeshare interests.
Arizona 2008 and 2007	ARDA successfully passed legislation to enact non-judicial foreclosure legislation for timeshare homeowners’ associations.	This legislation will likely save a timeshare homeowners’ association both time and money when conducting foreclosures of timeshare interests for failure to pay maintenance fees.
Colorado 2008	ARDA successfully lobbied for and passed streamlined judicial foreclosure legislation for timeshare homeowners’ associations.	This legislation will likely save a timeshare homeowners’ association both time and money when conducting foreclosures of timeshare interests for failure to pay maintenance fees.
Hawaii 2008 and 2007	ARDA continued to successfully thwart attempts by state legislators to increase both transient and real property taxes for timeshare owners.	We continue to maintain the status quo with respect to real property taxes and the transient taxes that are imposed on timeshare owners.
Nevada 2008	Successfully lobbied the Las Vegas Convention & Visitors Authority and the Clark County Commission to adopt regulations that exempted timeshare exchange from transient occupancy tax.	Saves timeshare owners from paying a tax on the “rental value” of a timeshare exchange into the Las Vegas area and discourages similar state-wide legislation.
USVI 2008 and 2007	Defeated an attempt by the USVI Legislature to increase real property taxes for timeshare owners by 100%.	Saved timeshare owners tens of thousands of dollars in real property tax increases.
Florida 2007	ARDA passed a comprehensive timeshare bill which included landmark insurance reform providing much needed relief for timeshare associations. In addition, the industry worked to modify or otherwise exempt the timeshare industry from condominium legislation, potentially harmful tax legislation, as well as various bills that would affect the operation of home owners associations.	The law provides for an affordable alternative to obtaining insurance for sold out homeowners’ associations and protected the timeshare industry for harmful regulation.
Missouri 2007	ARDA reversed a Taney County decision to classify timeshare as a commercial use which would have caused a dramatic increase in real property assessments.	This action saved timeshare owners from a 90% increase in property taxes during the assessment year.
Nevada 2007	Successfully lobbied the Reno-Sparks Convention & Visitors Authority and the Washoe County Commission to adopt regulations that exempted timeshare exchange from transient occupancy tax.	Saves timeshare owners from paying a tax on the “rental value” of a timeshare exchange into the Reno-Sparks area and discourages similar statewide legislation.
Tennessee 2007	Amended legislation to prevent imposition of sales tax on the value of timeshare exchanges.	Saves timeshare owners from paying taxes of an undefined amount on an exchange into Tennessee.
Texas 2007	Helped to defeat attempts by the Texas Legislature to change the way real property sales, including timeshare interests, were reported to the local County authorities.	Likely prevented increases in property taxes for timeshare owners.
Arizona 2006	Continued to monitor unfavorable home owners' association legislation and worked to educate legislators to support non-judicial foreclosure legislation for timeshare assessment liens in 2007.	Prevents unfavorable laws from being applied to timeshare associations. Sets the stage for beneficial foreclosure legislation in 2007 to reduce foreclosure costs.
California 2006	Funded efforts to defeat Proposition 88 which would have imposed a $50 parcel tax on each separate parcel of real estate.	Saved timeshare owners from paying a $50 tax per separate week owned on an annual basis.
Hawaii 2006	Assisted in defeating a bill to increase the TAT on timeshares by 400%.	Saved timeshare owners from paying a four-fold increase in timeshare accommodations tax.
Maine 2006	Funded successful efforts to enact a non-judicial foreclosure bill and a bill to clarify how real property taxes are assessed for timeshares.	Saves timeshare owners' associations on the costs of timeshare foreclosures and streamlines real property tax assessments.
Nevada 2006	Extensively lobbied the Reno-Sparks Convention & Visitors Authority and the Washoe County Commission to prevent introduction of an ordinance imposing a TOT on timeshare exchangers.	Saves timeshare owners from paying a tax on the "rental value" of a timeshare exchange into the Reno-Sparks area and discourages similar state-wide legislation.
New Jersey 2006	Established duties of the timeshare managing entity/owners association and provided for non-paying owners in timeshare foreclosures to be consolidated into one action in the 2006 New Jersey Real Estate Timeshare Act.	Clarifies owners' association duties and responsibilities in a modern new law and saves owners' associations foreclosure costs by permitting one action against multiple non-paying owners.
Rhode Island 2006	Worked to defeat a bill that increased timeshare owners' real property taxes and, when it passed, convinced the Governor to veto the bill (with the help of calls from timeshare owners!).	Saves Rhode Island timeshare owners from a substantial increase in their real property taxes.
Tennessee 2006	Amended legislation to prevent imposition of sales tax on the value of timeshare exchanges.	Saves timeshare owners from paying taxes of an undefined amount on an exchange in Tennessee.
Wisconsin 2006	Worked to defeat two bills which would have imposed a tax on the imputed rental value of timeshare exchanges in premier resort areas.	Saves timeshare owners $50 to $150 per week exchanged within or into Wisconsin.

What Has ARDA-ROC Done for You Lately?

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