Division of Florida Condominiums, Timeshares, and Mobile Homes

Frequently Asked Questions - Financial Related Issues

1. Is the timeshare managing entity or association allowed to collect real estate taxes in advance?

Yes.  The managing entity is considered the taxpayer, as agent of the timeshare owners. The Florida Vacation Plan and Timesharing Act does not bar associations from collecting estimated real estate taxes in advance.   

Cite: Sections 192.037 and 721.13(3)(i), F.S.

2. Does the developer have to pay the same maintenance fees on the timeshare interests that he owns that I have to pay on my timeshare week?

Yes, unless the developer has been excused from the payment of its share of the common expenses which would have been assessed against its timeshare periods during a stated period of time during which it has guaranteed to each purchaser in the timeshare instrument documents, or by agreement between the developer and a majority of the owners of timeshare periods, that the assessment for common expenses imposed upon the owners would not increase over a stated dollar amount. In the event of such a guarantee, the developer is obligated to pay all common expenses incurred during the guarantee period in excess of the total revenues of the timeshare plan. 

Cite: Sections 721.15(1)–(2), F.S.

3. Why do I have to pay maintenance fees to upkeep the pool, playground, and tennis courts when I personally do not use these facilities?

The pool, playground, and tennis courts are common elements created for the benefit of all owners. Regardless of whether you use these facilities or not, you are obligated by your timeshare documents to contribute to their maintenance and possible replacement in the same manner as everyone else.

Cite: Section 721.15, F.S.

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