This is the stuff that turns my crank
I found the differences in the condo docs, at least those for Vistana Villages and Vistana Resort. I don't have a timeline of all the properties, but it seems those that predate SVN are all voluntary. This is why Vistana Resort is voluntary but some parts of Villages are Mandatory. Somewhere along the line Starwood wised up and stopped including the Manadatory language in the governing documents.
Here is the Mandatory language for Vistana Villages Bella; Page 25,
Document
Starwood Vacation Club and Vacation Ownership Plan. Developer intends that Units in every phase will be declared as part of the Vacation Ownership Plan and the Club; however, Developer reserves the right to declare Units to the Condominium that will not be included as part of the Vacation Ownership Plan or the Club. The degree, quantity, nature, and extend of the Vacation Ownership Plan and the Club are described above.
Definitions:
Page 2: Club. means the Starwood Vacation Club, the service name given to the variety of exchange and reservation services and vacation and travel benefits offered and the restrictions currently imposed by the Club Operator for Club Resorts. Club Members reserve the use of the Units at a Club Resort and access the External Exchange Program through the Club reservation system pursuant to the priorities, restrictions, and limitations set forth in the Club Documents. The Club is not a legal entity or association of any kind.
Here is the language that is void of the mention to Mandatory for Vistana Villages St Augustine; Page 25,
Document, the strike-through below is mine. The words struck through are not in the actual condo declaration and are there to show the difference from the wording in the documents for Vistana Villages Bella.
Starwood Vacation Network and Vacation Ownership Plan. Developer intends that Units in every phase will be declared as part of the Vacation Ownership Plan and the Club; however, Developer reserves the right to declare Units to the Condominium that will not be included as part of the Vacation Ownership Plan or the Club. The degree, quantity, nature, and extend of the Vacation Ownership Plan and the Club are is described above.
Definitions:
Page 8: Vacation Ownership Plan. means the plan established pursuant to Chapter 721 and the Condominium Documents whereby Vacation Units are conveyed for periods of time, and each Owner receives a stated time period less than a full year during any given year but not necessary for consecutive years, until the termination of the plan as provided in this Declaration together with a remainder over in fee simple as a tenant-in-common with all other Owners on termination of the Condominium, subject to the Condominium Documents.
I don't claim to know the timeline for when each resort was declared, but I think this has a big part in what is voluntary vs. mandatory. Looking at Sheraton Vistana Villages, Starwood had to have stopped including the mandatory language in the condo declaration documents sometime between June 2005 and April 2007. The more we could plug in dates, the more we could determine when they started and when they stopped declaring properties as Mandatory.
Property Declared Mandatory
Sheraton PGA Vacation Resort No
Vistana Beach Club No
Sheraton Desert Oasis No
Sheraton Broadway Plantation - Plantation No
Sheraton Broadway Plantation - Palmetto No
Lakeside Terrace No
Sheraton Vistana Resort - Courts 07/1981 No
Sheraton Vistana Resort - Falls 01/1983 No
Sheraton Vistana Resort - Spa 08/1985 No
Sheraton Vistana Resort - Palms 05/1986 No
Sheraton Vistana Resort - Springs 08/1988 No
Sheraton Vistana Resort - Fountains I 02/1990 No
Sheraton Vistana Resort - Fountains II 08/1993 No
Sheraton Vistana Resort - Lakes 02/1995 No
Sheraton Vistana Resort - Cascades 08/1997 No
Westin St John - Virgin Grand ??/1997 Yes
Harborside Yes
Sheraton Vistana Villages - Bella 03/2001 Yes
Sheraton Vistana Villages - Key West 06/2005 Yes
Westin Ka'anapali Ocean Resort Yes
Westin Ka'anapali Ocean Resort - North Yes
Westin Kierland Villas Yes
Sheraton Vistana Villages - Amelia 04/2007 No
Sheraton Vistana Villages - St Augustine 01/2009 No
Westin Desert Willow Villas No
Westin Mission Hills No
Sheraton Mountain Vista No
Westin Riverfront Mountain Villas No
Sheraton Steamboat Resort Villas - Morningside Tower No
Sheraton Steamboat Resort Villas - East Tower No
Westin Princeville Ocean Resort Villas No
Westin Ka'anapali Ocean Resort - Nanea No
Westin Lagunamar No
Westin St John - Bay Vista No
Westin St John - Coral Vista No