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Barbara Nightingale
From: Powers & Therrien [powers_therrien@yvn.com]
Sent: Wednesday, July 26, 2006 2:55 PM
To: Barbara Nightingale
Cc: Powers & Therrien
Subject: Re: FW: PLA response to Trendwest or another example of creative writing?
Barbara:
Thank you for the clarification. I would like to understand your analysis of a time share. Let me explain my
reasoning. Under the Time Share Act, the definition for which is incorporated in the proposed amendment, the
language appears to require the right to use specific units for a specific amount of time during a three year
period. Right of use may be real or personal property but right to use must be dedicated. I think this analysis is
consistent with AHE Galt's finding of fact respecting the commercial exchange underlying the use of the units.
He concluded that the purchase of the points whether or not coupled with additional cash was the same as an
exchange of consideration for the transient use of the premises. At Conclusion 18 he stated:
The preponderance of the evidence shows that Trendwest members buy vacation points so that they may
vacatoin anywheree within the Trendwest system, that they use these points to "rent" the accommodation
they desire (paying more points for a larger, more desireable unit or during "high" season), and that they can
supplement points with cash. The evidence also shows that the units are available to non-Trendwest
members when not reserved by Trendwest members.
No matter what the legal nuances of a Trendwest member's ownership are, the reality is that Trendwest
members pay compensation (points and/or cash) to use units within the Trendwest system for vacation
stays. Therefore, a a Trendwest resort is, under the applicable definitions, a transient accommodation, not
multifamily residential development. Therefore, the proposed Trendwest resort is not permitted under
either the 1995 G-1 zoning or the current single family residential zoning.
I think Mr. Galt's conclusion is inconsistent with the notion of a time share which emphasizes a right of use of
one or more units rather than an exchange of consideration for the scheduled use of a unit if available.
I think the important underlying distinction is that a time share is conceptually a residential vacation unit while a
resort or hotel is a commercial venture selling short term vacation occupancy. This analysis is consistent with
the definition offered in the proposed amendment and RCW 64.36.010(11). They correctly provide that a
timeshare "means a right to occupy a unit or any of several units during three or more separate periods over a
period of at least three years..." A review of the definition of "timeshare expenses" indicates that the notion is
that specific units are shared. It states such expenses means expenditures, fees, charges, or liabiilities
incurred with respect to the time shares by or on behalf of all timeshare owners in one timeshare property..."
See RCW 64.38.010(12). A timeshare owner is a person who is the owner or coowner of a time share. See
RCW 64.38.010(14). A unit is unit is "the real or personal property, or portion thereof, inwhich the timeshare
exists and which is designated for separate use. See RCW 64.38.010(16). Read together, there is a nexus
between a time share, one or more specific units, and the owner. Mr. Galt concluded that such nexus is absent
in Trendwest resorts. His conclusion is part of the final action of Jefferson County on the issue. Based
thereon, I would conclude that the Trendwest proposal is not a time share and for reasons made clear by Mr.
Galt is not a condominium. I would like to hear your analysis of how it qualifies as either.
I concluded that the 1995 IUGA zoned Ludlow Cove II for multifamily use. I based the conclusion on the
descriptions contained in Attachment C and D1 of the IUGA, Ordinance 01-0117-95. That may be the same as
a G-1 zone. I have not reviewed the zoning code on this issue.
Les
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8/7/2006
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Page 2 of3
----- Original Message -----
From: Barbara Nightingale
To: P9w.ers & Therd~n ; AI Scalf
Sent: Wednesday, July 26, 20069:01 AM
Subject: RE: FW: PLA response to Trendwest or another example of creative writing?
Les, Rick and AI,
I for one, do not agree that Trendwest does not qualify as a timeshare from any of the definitions you have
provided, However, the document you forwarded as the PLA Developer News is not all together correct.
Under the new application, Tract E is zoned as Single-Family not Multi-Family, as it doesn't have the vesting
of the earlier application. I have already discussed that with PLA.
Thanks,
Barbara Nightingale M.MA, MAS.
Associate Planner
Port Ludlow Master Planned Resort
Jefferson County
Dept. of Community Development
(360) 379-4472
bnightingale@co. iefferson. wa. us
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Wednesday, July 26, 2006 7:29 AM
To: Barbara Nightingale; AI Scalf
Subject: Fw: FW: PLA response to Trendwest or another example of creative writing?
----- Original Message -----
From: RR2DP@aol.com
To: bertl@cablespeed.com ; powers therrien@yvn.com; mardou1 @cablespeed.com ;
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iiadv@olympus.net; edandJan@cablespeed.com ; mattlyons@cablespeed.com ; kmadson@olypen.com ;
michaeI6@0IYR-e!1~Qm ; bnightinga1e@g.QjeffeIsQJ).wa.us ; rnuIl38@yahQQ-,-com ; Sailwhi~~[@hotmai-'-&Qm ;
pedersen@olypen.com ; S14526@aol.com ; carolsaber@olympus.net; r&kshelley@waypt.com ;
RTSLG@MSN,COM ; zing@olympus.net
Sent: Tuesday, July 25,2006 10:20 PM
Subject: Re: FW: PLA response to Trendwest or another example of creative writing?
Is anyone ever going to correct Ms. Smeland that Trendwest is not nor ever will be a "Time Share"
development. Someone should read the definition under Washington State Law of what a "Time Share" is.
Trendwest does not meet any of these definitions.
RCW64.36.10
(11) "Timeshare" means a right to occupy a unit or any of several units during three or more
separate time periods over a period of at least three years, including renewal options, whether or not
coupled with an estate in land".
14) "Timeshare owner" means a person who is an owner or co-owner of a timeshare. Iftitle to a
timeshare is held in trust, "timeshare owner" means the beneficiary of the trust" .
Port Ludlow Master Plan Resort (MPR)
"defines time share to require the right to use one or more units some specific times during a three
year period, a right that does not obtain under the Trend West vacation point program".
8/7/2006