SueDonJ
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- Massachusetts and Hilton Head Island
- Resorts Owned
- Marriott Barony Beach and SurfWatch
Sue, not to hijack the thread, but is that provision for a possible "lottery" system limited to high-demand intervals, or is it worded so that it could be adopted for the entire year?
(I hope you didn't think you were being ignored. I waited to get back home from Phoenix to check the docs.)
First, note that not all Marriott resorts have lottery-related language in their governing documents; and, at those which do, the language isn't uniform across all those resorts.
The original SurfWatch Reservation Procedures Supplement to the Time Sharing Declaration says (and it's repeated verbatim in the Nov '10 revision),
"1.8 PRIORITY LISTS; LOTTERIES
The Management Company, on behalf of the Board, reserves the right to establish priority lists or lottery systems in an effort to ensure the fair and equitable reservation and use of Units during high demand periods (e.g. holidays, special events, etc.). If implemented, access to certain Use Periods and the availability of certain check-in/check-out days by an Owner may be restricted in a given year based upon the Owner's ranking in a lottery or some other allocation methodology. The Management Company may establish an administrative fee for this service."
The wording in Barony's original document differs only slightly:
"… If implemented, access to certain Use Periods by an Owner may be restricted in a given year based upon the Owner's ranking in a lottery. The Management Agent may …"
and, the Barony Nov '10 revision changes only, "Management Agent" to "Management Company".
So for these two resorts it appears that a lottery system could be implemented only for high-demand intervals. Except that, there are other items in the various docs which give the Management Company a whole lot of leeway to change the Reservation Procedures as they determine necessary.
I have no clue if Marriott will ever start using this right, wouldn't even guess. About the only thing I'm sure of is that if they do they'll make sure beforehand that they're in compliance with the docs, so those who don't like it probably won't be able to fight it.
