Sunchaser Villas

Timeshare owners sued by management company

Northmont is suing owners of Sunchaser that hold outstanding accounts, though the legitimacy of the charges are being disputed

A decision allowing Northmont Resort Properties Ltd. to impose large fees on the owners of Sunchaser Villas has been overturned in the B.C. Court of Appeal, but that hasn’t stopped the property managers from going ahead with collecting what’s owing to them.

And while the legality over imposing massive fees on timeshare owners in Fairmont Hot Springs is being disputed before the courts, the property managers have gone ahead and filed legal action against 270 owners. Owners are being sued mostly for five figure sums.

“[The plaintiff] has been invoiced for an amount of $13,881.90, the sum of which is currently outstanding,” reads a notice of civil claim between Northmont Resort Properties Ltd., which manages the resort, and one of the fractional owners at Sunchaser.

The claim states that Northmont is entitled to annual interest rate of nearly 27 per cent beginning on January 31st, 2014, and demands an additional $3,470, which brings the total relief sought to $17,352.

This claim was one of 270 that have been issued under Northmont’s name. The vast majority of these claims were filed within the past three months, however a few date back to 2012.

The legitimacy of those claims is still in legal limbo. A court ruling from November 2013 sided with Northmont in allowing the company to retroactively impose fees for a backlogged renovation project, but that ruling was taken to the Court of Appeal where it was struck down.

Kirk Wankel, Northmont Resorts chief executive officer, told The Valley Echo that Northmont won’t be expending the resources needed to appeal the outcome of the timeshare owners’ appeal, but will press ahead with seeking payment.

“From a legal perspective, this turned ‘yes’ into ‘undecided,’ not a ‘yes’ into ‘no’,” he said. “We will pursue collection from them like any other account. The owners are still bound by their contacts and we’re still enforcing them.”

A class action lawsuit is being filed against Northmont by approximately 950 of the owners.