Timeshares/Vacation Ownership/Destination Clubs

We have more than 40 years of experience with the timesharing and fractional interests industry, and are among Hawaii’s leading pioneers in the field.  Our practice has grown with the growth and maturity of the industry and the proliferation of state, federal, and international laws regulating such interests.

Issues of special importance in designing, developing and operating timeshare and fractional interests projects include:

  • The design and structuring of timeshare and fractional plans, Including plans Involving the offering of undivided interests in land combined with hotel or condominium use rights, right to use programs with no proprietary interest, floating time and unit programs, complex point system programs, club membership programs, and combinations of the above
  • Special issues and problems concerning the overlay of timeshare and fractional programs, on existing hotel, condominium and apartment projects, conversion of such projects to timeshare or fractional use, the legal relationship of timeshare and fractional programs to other elements of a mixed-use resort or recreational development
  • Timeshare and fractional exchange programs, including internal exchange programs among related properties or unrelated properties, negotiation and documentation of arrangements with independent exchange organizations such as Resort Condominiums International and Interval International, and issues of property affiliations
  • Timeshare and fractional marketing matters including design, negotiation and documentation of timeshare and fractional marketing agreements and regulatory matters concerning marketing activities and organizations
  • Timeshare and fractional regulation, including U.S. and state subdivision sales regulations and U.S. state and federal securities laws applicable to timeshare and fractional offerings, and local legislation restricting timeshare and fractional uses and conversion of existing properties
  • Design and drafting of proposed legislation and assistance in connection with legislative activities involving present and proposed laws regulating timeshare and fractional development and marketing

Financing of timeshare and fractional projects and accounts receivable, including the design and implementation of innovative methods of collecting accounts receivables through U.S. based collection trusts to facilitate financing and tax reduction

Timeshares/Vacation Ownership/Destination Clubs

Attorneys at M4 were instrumental in drafting Hawaii's time share law. We have an in-depth knowledge of the law and of the various product lines, including deeded and non-deeded projects, multi-site plans, points systems, exchange programs and related product lines.
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