ARDAs proposed timeshare model act

It has been a little over a month since the ARDA convention where the Proposed Model Resales Act was such a hot topic! Many in the timeshare industry, from Developers to consumers, recognize this matter as one of high priority. The Model Resales Act will be used to guide Resale Companies in ARDA with policies that will better protect and serve both buyers and sellers of timeshare on the secondary market. The ultimate goal is to help set precedence for legislation on the state government levels that will benefit the industry as well as provide protection to consumers.


Recently, Management & Operations Magazine, sister publication of the Resort Trades interviewed Ken McKelvey. Mr. McKelvey, CEO of Defender resorts had also told us that much of the terminology in the Act was confusing even to someone coming from the resale industry. He felt however that this was a good foundation to start from and that future comment and suggestions would help mold the Act to its desired outcome.

I became curious as to any updates or developments on this topic, so I contacted Howard Nusbaum, President of ARDA and asked him what has transpired since the convention last month. According to Mr. Nusbaum, ARDA is still reviewing both verbal and written feedback about the Proposed Model Resale Act.

Concerning these questions about the Act, Mr. Nusbaum stated that “Several comments reveal some serious misunderstandings which lead us to believe the Task Force needs to be clearer in the drafting and that ARDA needs to do a better job of explaining the act and not assume that everyone is familiar with the nuances of previous legislation and/or legal opinions.”

Mr. Nusbaum went to further explain that despite the questions and misunderstandings, many comments ARDA has received have been extremely helpful in providing knowledge of what issues need to be further addressed and have also pointed to many good recommendations.

This process is still in its early stages and a large number of people in the industry are still new to many of these ideas that have been sited. The timeshare industry is encouraged to continue asking questions and providing feedback while ARDA and the Resale Task Force continue to move through the stages of completing and implementing the Act.

Mr. Nusbaum stated in conclusion that “The members of the Model Resale Act Task Force are reviewing and incorporating these comments. When that is complete it will be sent to the ARDA Board of Directors for their review”.

A recommended reading of the article “Resales 360” will be in the June edition of ARDA’s popular magazine Developments, for those following this topic and wishing to learn further information.

Thank you to Mr. Nusbaum for taking time to share this update information!