Perpetuity Question

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ROBE007
Posts: 164
Joined: Wed Nov 25, 2020 1:16 pm

Undoubtedly most owners are looking forward to hearing what the Committee have to say at the AGM on resolving the Perpetuity Question. Having read that most other Time Share Resorts including McDonald's, have finally reached a resolution to this age old problem, some by offering a Release on Death unless family wish to take over Ownership or change it to a 5 year contract; another being Owner on reaching 75 can be released on payment of 3 years of Maintenance Fee. LRHC
Owners have waited decades for this to be resolved with the same old excuses. however if McDonald's has finally seen the 'light of day' that dropping the Perpetuity Clause is the one way to move Sales on, as dragging very elderly owners through Court for non-payment of Maintenance Fees for Time Shares they can neither visit and in most cases cannot access would be kicked out of Scottish Courts in 2022+ and is totally unacceptable.
WADD003
Posts: 49
Joined: Wed Nov 25, 2020 1:17 pm

Is this not covered in the Articles of Association June 2020, Section 5 para 16.6-16.8??
ROBE007
Posts: 164
Joined: Wed Nov 25, 2020 1:16 pm

Hi
I'm unaware that it was resolved, I thought it was Drafted but left unresolved. It was raised at last year's AGM again but as there was enough going on at the Club that had to take priority it was set aside. Any other owner know if the Perpetuity Question was finally resolved?
I was trying to find the Articles of Association on this site, to read over Section 5 you referred to, but I couldn't find any of the Club's Documents - this new Website is not very user friendly when it comes to searching for something but there again perhaps it's just me!

I find increasingly when I meet original owners still able to visit Rannoch, at some point they will raise the issue of the Perpetuity Question and how concerned they are on one or other of two points, ie the first being that if ill health prevents them having holidays they will still be required to pay Management Fees, unless they pay a hefty sum to the Club that they cannot afford to buy their release. The second concern is that the Perpetuity Clause may hold up Completion of their Estate on their demise.
It is so unfair that Elderly owners have this hanging over their final years just because the Club appears not to be financially motivated to officially advise Elderly Owners that -

a) When they become unable to visit Rannoch through a deterioration in their Health or age, they may hand their Unit back to LRHC free of charge. When one consider the original cost of their Time Share when purchased and all of the Management Fees they have paid over a great many decades since the 1970's they have more than paid their dues.

b) The Club also urgently needs to lift this 'Sword of Damocles' that many feel is hanging over their heads that on their demise the Club may lodge a claim on their Estate for 'Management Fees in Perpetuity' the very thought is too ludicrous for words and would get laughed out of any Scottish Court of Law, however for many very elderly owners having been threatened by earlier Committee Members that this is exactly what will happen, unless they leave it to a relative or friend in their Will, it remains a very real fear. Therefore the Perpetuity Clause prevents them being able to sell or indeed pass their Time Share on to a friend or neighbour on their demise, as the word 'Perpetuity' makes it a poisoned chalice if accepted, rather than a welcomed Gift.

Owners therefore look forward to the Committee finally coming up with a resolution to this problem, let's face it if McDonald's can resolve the Perpetuity Clause for their Owners, we most certainly can too!

Ronnie Robertson
WADD003
Posts: 49
Joined: Wed Nov 25, 2020 1:17 pm

I agree with you that this member's website is barely functional but under "Forum"- Newsletters you will find one entitled ATRICLES of association ( NOT MY spelling) dated Saturday 29 Jan 2022 @ 2:52pm,

https://mcusercontent.com/3b4393ac3ceac ... IATION.pdf
HIRS003
Posts: 17
Joined: Wed Nov 25, 2020 1:16 pm

I'm not aware of what MacDonalds are doing about perpetuity but I know many timeshares are trying to address it.

Your Committee is looking at all aspects of the matter and I'll be happy to answer questions on the subject when we have had time to think further. I will be happy to answer questions on this at the forthcoming AGM.

Regards, John Hirst
ROBE007
Posts: 164
Joined: Wed Nov 25, 2020 1:16 pm

Thanks for that link Wadd003 I did read it over but it is just the usual i.e. on Death or on reaching age 80 an Owner must pay 3 years Management Fees to purchase their release from liabilities.
However what if one has a health issue earlier say aged 70, perhaps a serious Stroke or some other debilitating illness, one perhaps may not qualify as they are under 80? It's all very uncertain, and in the present economic climate perhaps very concerning for some elderly owners having to either pay a Management Fee for a Time Share they cannot visit due to age/health, particularly as its possible they also cannot afford the Triple Management Fee payment to buy themselves out, as not everyone is fortunate enough to have a Private Pension, or astute enough to consider Renting out their Unit.
It just seems to me to be very unfair that the older generation of owners are STILL having to bear the burden of this worry because the Club has STILL not reached an agreement to release Elderly Owners from the Perpetuity Clause if they so wish when they reach Retirement Age plus say 5 years.
I feel it's been kicked into the long grass for long enough and a serious debate on how this is finally resolved should happen now. If other Time Share Resorts in Scotland and in other countries resolved it, then the Committee should surely designate someone to find out how they managed it.
Ronnie Robertson
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