Can they refuse us the use of timeshare for not paying the late fee? 15 Answers as of April 10, 2014

We own the week in question and have paid the maintenance fee but refuse to pay the late fee. They are refusing us the use of the week. Is this legal?

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
it depends upon the contract.
Answer Applies to: Michigan
Replied: 4/10/2014
Stephens Gourley & Bywater | David A. Stephens
That depends on the terms of use for the timeshare.
Answer Applies to: Nevada
Replied: 4/10/2014
Law Office of Pamela Braynon | Pamela Y. Braynon
It is legal. Read your contract, most likely that is stated in there.
Answer Applies to: Florida
Replied: 4/10/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Not having the contract in front of me to review, and not knowing where the timeshare is located, then they make the rules, and if you want to use the time share ,then you will need to pay.
Answer Applies to: California
Replied: 4/10/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
When you bought, you signed a contract. If the contract says they can charge a late fee. And not let you use your week until it's paid, then yes, they can do it.
Answer Applies to: Oregon
Replied: 4/10/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    Probably, you need to re-read your purchase agreement and any HOA rules to make sure. There's probably an appeal process outlined in the HOA by laws as well.
    Answer Applies to: California
    Replied: 4/10/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Probably, check your time share purchase agreement.
    Answer Applies to: California
    Replied: 4/10/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Look at your agreement. I'll bet they have the right to keep you out.
    Answer Applies to: Idaho
    Replied: 4/10/2014
    Frederick & Frederick PLC | James P Frederick
    Probably. It is probably in your agreement with them. You need to review that to determine what their rights are. If the late fee is a nominal amount and your payment was late, I would probably pay it.
    Answer Applies to: Michigan
    Replied: 4/10/2014
    Kirby G. Moss PC | Kirby G. Moss
    I would look at the contract you signed for the place. If it says that late fees can be assessed and failure to pay can be grounds for losing privileges, then it is legal.
    Answer Applies to: Indiana
    Replied: 4/10/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Look at your timeshare contract, but I suspect that they are correct.
    Answer Applies to: Michigan
    Replied: 4/10/2014
    James Law Group
    James Law Group | Christine James
    Yes. If you paid the maintenance fee late and owe a late fee, they can refuse the use of the timeshare.
    Answer Applies to: California
    Replied: 4/10/2014
    Gates' Law, PLLC | Thomas E. Gates
    You need to read the terms of your agreement to see how late fees are billed and how nonpayment of the late fee is treated.
    Answer Applies to: Washington
    Replied: 4/10/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Check your contract. Probably.
    Answer Applies to: Nevada
    Replied: 4/10/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The terms of the time share agreement will control. Is there a provision that requires all fees to be paid in order to access the property?
    Answer Applies to: Illinois
    Replied: 4/10/2014
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