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USVI, the ARDA-Caribbean Committee hosted a meeting in conjunction with the Caribbean Hotel and Tourism Association’s (CHTA) Annual Small Hotels Retreat October 1-2, 2009, at the Frenchman’s Reef & Morning Star Marriott Beach Resort in St. Thomas, U.S. Virgin Islands. Industry Research The State Affairs team is working with the ARDA International Foundation (AIF) to determine the most cost-effective way to expand our Caribbean timeshare resorts database and to determine the cost of conducting a jurisdiction-specific and regional economic impact study. Californians Fight Diverse Legislative Issues ARDA is also part of a group that has gained an important concession in SB 407, which would require 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. So far, that date has been delayed until 2019, allowing timeshare associations more time to plan for this new expense. ARDA-California has been actively working for changes on two bills that will have major impacts on the timeshare industry and owners in the Golden State. AB 33 originally sought to consolidate a number of state agencies that oversee a wide range of lenders including the Department of Real Estate. ARDA and several other groups representing industries currently regulated by the DRE were successful in arguing that the service and oversight functions of the department should remain independent rather than potentially being buried in a new “super” agency. California recently completed its latest emergency budget revision, due to continued declines in state revenues. The plan uses a variety of cuts, borrowing from special funds and doing some accounting maneuvers to patch a $26 billion hole. ARDA is pleased that, so far, no new or increased taxes on timeshare owners or developers have been enacted. However, the state redirected several billion dollars previously set aside for local governments. We anticipate the search for new revenue will now be refocused at that level, as already hard-pressed jurisdictions attempt to recoup these lost funds. Confusing Colorado HOA Legislation Passes Looking ahead to the next legislative season, ARDA plans to revisit several bills passed in 2009. HB 1359 surfaced and passed during the final weeks of the most recent legislative session. This bill creates confusing new requirements for association board members and committee members; it was filed in response to a dispute between owners of a single association, one of whom is a well connected lobbyist in Colorado. ARDA plans to seek modification of this poorly written legislation in 2010. The legislature also passed bills requiring installation of carbon monoxide detectors in rental units and granting new authority to property efficient, and do not require substantial judicial supervision. There are at least 21 states nationally that allow NJF for deeded timeshare interests. These states include Arizona, California, District of Columbia, Hawaii, Idaho, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Hampshire, South Carolina, Texas, Utah, Virginia, Washington, and Wisconsin. In New England, the states include Maine, Rhode Island, New Hampshire, and Vermont. It varies from state to state as to whether both mortgages and/or assessment liens are included in the non-judicial foreclosure process. We have provided some concrete examples as to why supporting HB 1287 will strengthen consumer protection and the long term health of Massachusetts’s timeshare industry. 9. Passing HB 1287 into Law Will Generate up to $11 Million in New Recording Fees through the Sale of Previously Stagnated Timeshare Interests. On behalf of the American Resort Development Association, Massachusetts timeshare owners, timeshare associations, and resort developers, we thank you for your consideration and support of HB 1287. “When we decided it was time to tackle the nonjudicial issue in Massachusetts, [what was] clear was the challenge of the task, considering the vast, liberal, slow-moving, and Byzantine nature of the Massachusetts political and regulatory environment. Add to this bureaucratic background that more than 9,000 bills have been filed for consideration in this twoyear legislative session, and that our bill seeks to make foreclosures easier in the context of the current national home mortgage crisis, and one can truly appreciate how amazing it is that we are cautiously optimistic that our bill will be passed….Through countless planning sessions, redrafts, and analyses of the bill—from the selection of the right sponsors and lobbyists and development of education programs for legislators and regulators to the funding requests and presentations to ARDA-ROC board—the ARDA State Affairs team [with the substantial help of ARDA-ROC and AIF research] advanced a complex process with patience, diligence, 7. Many States Acknowledge the Distinction between Timeshares and Residential Properties. Because of the significant difference between timeshares and primary home residential properties, many states have acknowledged the importance of NJFs for timeshares, while either prohibiting or limiting NJFs for properties that are an individual’s principal place of residence. creativity, and political savvy….What will ultimately go down as a small legislative victory in a small state should long be remembered as an example of ARDA’s commitment to our industry and our customers, and likewise, the value of our commitment to ARDA and its institutions.” Scott MacGregor Chief Financial Officer InnSeason Resorts 8. HB 1287 Provides Strong Consumer Protection Provisions. It is of critical importance to reiterate that practically all timeshare foreclosure actions go uncontested because the owners are no longer interested in being involved with the resort. However, to ensure that the rights of all timeshare owners are preserved, HB 1287 provides an optout provision, whereby a timeshare owner can choose the judicial process in lieu of non-judicial foreclosure. Keith Stephenson is director of and industry affairs with the State legislative and industry affairs with Affairs team in Orlando. His e-mail is the State Affairs team in Orlando. His kstephenson@arda.org. e-mail is kstephenson@arda.org. Keith Stephenson is director of legislative October 2009 • Developments

October 2009 Developments

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