I'm not sure exactly the instances under which you're claiming Marriott is taking and using units for rentals but they're entitled to do it in several instances, sometimes "FOR FREE" and sometimes not. The following sections quoted verbatim (except any spelling typos are mine, sorry) and in full are from the Barony Beach Club Public Offering Statement, which consists of 325 pages comprising the Master Deed, the Time Sharing Declaration, the Management Agreement and other documents. Each section I'm quoting may be supported by similar language in other sections, and, there are other related sections that detail other instances - these three (Marriott-Owned, Fee-Delinquent and Unreserved) are just the three that come immediately to mind. I have no doubt that the docs for every individual resort and the Abound Trust convey similar rights to Marriott/the individual resorts and Trust Boards, across the entire MVC-branded portfolio.
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Barony Beach Club Master Deed / Pages 17 and 18 of 31 / ARTICLE XIII DECLARANT SUBJECT TO MASTER DEED: DECLARANT USE: ADDITIONAL DECLARANT RESERVED RIGHTS
Section 1. General. So long as the Declarant owns one or more of the Units, the Declarant shall be subject to the provisions of this Master Deed and the Exhibits attached hereto. The Declarant covenants to take no action which will adversely affect the rights of the Regime by reason of the establishment of said Regime. Provided, however, that Declarant, as in the case with any other Owner, shall have the absolute right and privilege of leasing or otherwise permitting the use by other individuals of any or all of the units owned by it on a short or long term basis for the uses permitted by this Master Deed. Declarant's lessees, invitees, guests, and any other authorized users of the Unit shall be entitled to all of the privileges and rights, and be subject to the requirements hereunder, of a Co-Owner with respect to the use of the Unit and the Property, excluding voting rights which shall remain with the Declarant. Declarant's original intention developing the Regime is to create a vacation ownership community with first-class and uniform continuing management. Further, Declarant, in an attempt to provide fee simple ownership benefits to individual Owners, has determined to utilize the condominium form of ownership. Typically in a condominium development the developer creates the condominium, constructs and sells the condominium units and, within an identifiable period of time is normally no longer involved with the project. To the contrary, in the instant situation, Declarant will be involved on a long-term basis with the Regime from not only a development perspective with regard to the Future Phase Property which will be developed over a long period of time, but also from a management perspective. For Example, as referenced in the By-Laws and Time Sharing Declaration Marriott Resorts Hospitality Corporation (MRHC), an entity affiliated with Declarant, has entered into a long term management contract with the Association. The overall relationship of Declarant with the Regime is not intended to be burdensome in any way to the Owners. It is for that reason that there are certain reserved rights of Declarant set forth in this Master Deed as well as in the accompanying exhibits to the Master Deed, some of which are specifically set forth in this Article XIII.
Section 4. Declarant's Use For Sales Activities. The Declarant, and its successors and assigns, shall be entitled to use one or more of the Units and/or Common Elements, including the future improvements on the CFB [Central Facilities Building] Parcel, both during the time period that the Phase 1 Property and all or a portion of the Future Phase Property is developed by Declarant and subsequent to those time periods for sales activities, for a sale model, for guest and sales prospect accommodations, for ongoing management and resale real estate services, and similar activities, such services and said activities not necessarily relating or limited to the Property comprising this Regime, but also to any other project(s) or properties developed and managed by Declarant or its affiliated entities or for which Declarant or its affiliated entities serves as a selling or listing brokerage firm. Declarant shall not be assessed any cost for such use of the Common Elements other than as an owner of Units. It is understood that the intent of the Declarant is that said reserved rights do not conflict with the use restrictions described hereinabove. In addition, Declarant may choose to construct a building designated as a Future Phase and yet not annex all or a portion of said Building upon its completion. In the interim prior to annexation, Declarant may use said Building consistent with this Section 4, to house potential purchasers, etc. These guests and sales prospects shall have the rights to utilize the Common Elements, including the recreational facilities.
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Exhibit "E" of the Barony Beach Club Master Deed / BY-LAWS ... / Page 13 of 29 / OBLIGATIONS OF THE OWNERS
Section 4. DEFAULT IN PAYMENT OF COMMON EXPENSES AND TIME SHARE EXPENSES. The Board shall take prompt action to collect any monies due from any Owner which remains unpaid for more than thirty (30) days from the due date for payment thereof. In the event of default by any Owner in paying to the Board the Common Expenses and/or Time Share Expenses (sometimes collectively referred to as a "Maintenance Fee") as determined by the Board, such Owner shall be obligated to pay a reasonable late charge as determined by the Management Agent or Board for any assessment not paid within ten (10) days of the due date, together with all expenses, including attorney's fees, incurred by the Board in any proceeding brought to collect such unpaid Common Expenses and/or Time Share Expenses, and further, any unpaid balance shall accrue interest at the lesser of the highest maximum rate allowable under law or the rate of eighteen percent (18%) per annum. The Board shall have the right and duty to attempt to recover such common expenses, together with interest thereon, and the expenses to recover the same brought against such Owners, or by foreclosure of the lien on such Unit granted by Section 27-31-210, Code of Laws of South Carolina, 1976, as amended. All assessment payments shall be applied first to interest, late fees, costs of collection and then to the assessment payment due. With regard to the subordinate nature of such liens as it relates to mortgages recorded prior to the recording of any evidence of such lien, the provisions of Section 27-31-210, Code of Laws of South Carolina, 1976, as amended, shall be controlling. In addition the the above described rights, the Board shall also possess those rights and remedies specified in the Time Sharing Declaration, including, but not limited to, the prohibition of use by a defaulting Owner pursuant to said Time Sharing Declaration. The Board shall the the right to rent a Deliquent Owner's Use Period and any use rights appurtenant thereto and to apply the proceeds of such rental pursuant to the Procedures for Reserving Usage as promulgated and amended from time to time by the Agent.
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Appendix "A" to Exhibit "G" to Master Deed Barony Beach Club / Pages 23 and 25 of 27 / BARONY BEACH CLUB PROCEDURES FOR RESERVING USAGE
1.4 USE OF UNRESERVED USE PERIODS.
The Declarant may reserve and use any unreserved Use Period beginning seventy-five (75) days prior to the first day of the Use Period. If the Declarant makes use of such Use Period, the Use Period will not be available for reservation or use by Owners.
1.7 GENERAL RULES FOR RESERVATION AND USE.
(b) Failure to request a reservation of a Use Period in a use year, or to receive confirmation of a particular desired reservation, does not relieve the Owner from the obligation to pay all assessments and charges attributable to each Time Sharing Interest owned.
