Orlando, Fl: A deceptive practices class action lawsuit has been filed on behalf of timeshare owners at Festiva’s Orlando Resort, formerly known as Celebration World Resort, alleging that the resort’s developers and managers have engaged in unfair and deceptive practices in the sale of timeshare upgrades and reservation point allocation.
The class action lawsuit, Reeves, et al. v. Zealandia Holding Company Inc., et al., cause no. 13-CA-866-MF, was filed March 1 in the 9th Judicial Circuit Court of Florida, in Osceola County.
The suit alleges that, beginning in 2004, approximately 900 parties purchased timeshare interests in Celebration World Resort Owners Association, located in Kissimmee, Fla., from B.L. Vacation Ownership Inc. Between 2008 and 2011, representatives of B.L. Vacation Ownership sold upgrades to existing timeshare owners that would increase the number of points they had to apply to timeshare reservations.
After the homeowners purchased the upgrades, B.L. Vacations sold the resort to Festiva Hospitality Group, now known as Zealandia Holding Co., and the resort’s name was changed to Festiva’s Orlando Resort. After the sale, the lawsuit alleges, the reservation point system was changed and the upgrades that had been purchased by the timeshare owners were not honored.
The suit names the Orlando Homeowners Association, B.L. Vacation Ownership Inc., Zealandia Holding Co. and its subsidiary and affiliate companies, and RCI LLC as defendants. The suit alleges that one or more of the defendants:
Violated the resort’s declaration of covenants by improperly reallocating reservation points
Violated the resort’s declaration of covenants for failing to give proper notice of the reallocation
Breached the fiduciary duty owed to the timeshare owners
Violated Section 721.18(5) of Florida’s timeshare law
The timeshare owners seek a refund, rescission of the upgrade sales contracts, attorneys’ fees and other relief the court deems proper. Plaintiffs are represented by The Finn Law Group P.A.