Understanding the Role of a Trustee in Timeshare Resorts – A Conversation with John Hughes
When you invest in a timeshare, whether in Spain, Portugal, the UK, or France, it’s natural to want reassurance that your investment is protected. That’s where trustees come in.
In our recent interview, Alex Radfrod sat down with John Hughes, a seasoned English solicitor, notary, and trustee, and co-director of Resort Trustees Limited. With a career in timeshare legal work dating back to the 1990s, John brings deep insight into what trustees do and why they matter.
What Is a Trustee in Timeshare Ownership?
A trustee plays a dual role in timeshare ownership:
Protecting the legal ownership of the property assets – often called “ring fencing.”
Safeguarding the interests of the club members – ensuring decisions reflect the will of the majority.
The legal structure ensures that if a timeshare developer or management company faces financial trouble, your timeshare resort (the bricks, mortar, and communal facilities) remains protected. Assets are legally owned by the trustee on behalf of the members but not for their own benefit. If the club sells the property, the proceeds go back to the members.
What Can Be Held in a Timeshare Trust?
The purpose is to ring-fence everything that makes your holiday experience smooth and enjoyable. Therefore, Trusts can include:
Holiday apartments
Swimming pools
Restaurants
Reception areas and offices
Any communal spaces in the resort
Can a Trustee Sell or Mortgage the Property?
No. A trustee cannot sell, charge, or mortgage any assets without express permission from the owners (typically 75% of members must vote in favour). The Deed of Trust legally restricts such actions, ensuring your property rights are protected.
What Makes Someone Qualified to Be a Trustee?
Trustees must have a fiduciary responsibility to act in the members’ best interests. They are usually professionals such as:
Lawyers
Accountants
Banks
Licensed trust companies
Importantly, if a trustee resigns, they are legally required to ensure a qualified replacement is appointed.
What Happens If There’s a Dispute?
While rare, there are cases where committees act contrary to members’ wishes. In such instances, the trustee may step in to protect the club’s broader interests, consulting directly with members.
John and Alex, as directors of Resort Trustees Limited, are proud to support timeshare clubs across Spain, Portugal, France, and the UK. We help owners enjoy their holidays with peace of mind, knowing their property is professionally and legally protected.
As John so rightly put it:
“Our job is to take away your concerns so that you can relax and enjoy your holiday—knowing the resort’s assets are in safe hands.”
If you’re a committee member or owner looking for an experienced trustee for your timeshare resort, get in touch; we’d love to help. Find out more at https://resort-trustees.com/
Alex is also able to provide support if you are thinking about buying a timeshare. Find out more
