ARDA Update on Timeshare Industry Legislation

The American Resort Development Association (ARDA) is a Washington D.C.- based trade association representing the vacation ownership and resort development industries (timeshares). Besides corporate members, ARDA's membership also includes timeshare owner associations (HOAs), as well as timeshare owners themselves through the ARDA Resort Owners Coalition (ARDA-ROC).

ARDA promotes the growth and development of the timeshare industry through a variety of capacities, including Advocacy. ARDA monitors regulatory issues that affect timeshare by engaging in lobbying efforts focused on the establishment of a legislative environment that enhances consumer confidence and protection.

Recent legislative updates which ARDA is monitoring are:
  • Hawaii. At the urging of Hawaii Governor Neil Abercrombie, several bills have been introduced in the Legislature to increase the TAT on timeshare owners from 7.25% to 9.25% as well as increase the amount subject to tax from 50% of the daily maintenance fee to 150% of the daily maintenance fee. The House Tourism Committee heard testimony from the timeshare industry on the Governor's bills, HB 809 and HB 1163, earlier this week, however, and delayed any action.

  • Nevada. Due to a $50 fee imposed on foreclosures in 2009 and an additional $150 fee added in Nevada's 2010 special legislative session to address budget issues, deed of trust foreclosures now cost an additional $200. ARDA-Nevada wants to reduce foreclosure costs by permitting internet advertising of foreclosure sales.

  • South Carolina. In early December, 2010, the Tax Realignment Commission (TRAC) sent its final report to the legislature, and in doing so made the following recommendations with respect to the timeshare industry: i) the removal of the sales tax exemption the industry currently enjoys for the sale, resale, and exchange of timeshare interests, ii) the imposition of a transient accommodations tax on maintenance fees paid on all timeshare interests in South Carolina, and iii) the removal of the personal property tax exemption for fixtures, furnishings and equipment located in a timeshare unit.

  • Wisconsin. As in several other states recently, ARDA-ROC and ARDA-Wisconsin will support the passage of legislation to enact non-judicial foreclosure for timeshare mortgages and owners’ association assessment liens in 2011.

  • Texas. Unlike many other states, Texas has no real estate transfer fees and prices of real estate sales are not typically disclosed publicly. This year, legislators will introduce bills requiring real estate purchasers (including timeshare buyers) to disclose the sales price in order to record the sale.
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