SueDonJ
Moderator
- Joined
- Jul 26, 2006
- Messages
- 16,686
- Reaction score
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- Location
- Massachusetts and Hilton Head Island
- Resorts Owned
- Marriott Barony Beach and SurfWatch
I gave you the doc language related to three instances of Marriott/the Boards being allowed to take inventory and use it in any way that Owners would be allowed to use it, which includes as rentals.See my comment above. This can be interpreted to mean that Marriott can reserve unoccupied units, even if the developer doesn't possess any deeds or has exhausted all their owned weeks. However, it doesn't specify that this reservation is without cost. I can book a restaurant for example, it does not mean that I do not have to pay for the food. The lack of explicit payment terms, combined with the diffuse ownership structure and the developer's influential position, creates significant ambiguity in the arrangement.
In the first instance, of Marriott-owned (unsold) inventory, the docs specifically say that Marriott won't be assessed any costs "other than as an Owner." Show me where in the docs it says that Owners who privately rent out their intervals must share any profits over and above the MF's with the ownership-at-large, and then I'll grant you that Marriott could be legally-compelled to do the same.
In the second instance, of fee-delinquent inventory, the docs specifically state that it's the individual resort/Trust boards who are granted the rights to rent this inventory, not Marriott the entity (although Marriott as the manager processes the reservations as any other.) The docs also specifically state how the rental amounts must be used, i.e. "payments shall be applied first to interest, late fees, costs of collection and then to the assessment payment due." And presuming that rental rates will cover over and above the delinquency plus late-fees-and-interest plus the MF's, which is a stretch based on how quickly the fees add up, it's again the Boards - and not Marriott the entity - who assumes any profit.
In the third instance, of unreserved inventory within so many days of check-in (in the Barony Beach Club example, 75 days,) the docs concisely and unequivocally state that Marriott has the rights to that inventory AND that Owners of that inventory are still required to pay the MF's on that inventory. It says nothing about any profit derived by Marriott. You seem to think that if legally-challenged Marriott could be compelled to share any of these profits with the ownership-at-large but I don't think that's how a Court would determine, because when it comes to contractual law the Courts generally adhere to what's in the contracts, nothing more and nothing less except in obvious egregious cases wherein the docs don't sufficiently address a situation or address it in contradictory language. Show me where in the docs it says that Marriott is not allowed to gain a profit off this inventory, or again, where in the docs it says that Owners must share profits of private rentals with the ownership-at-large, and then I'll grant you that Marriott could be compelled to do the same.
And now other than really wishing that a few of the TUG lawyers would come in here and tell either you or me that we're so far off base that we're off the diamond and onto the football field, I'm done doing your homework for you. But please let us know when you sue Marriott - I'm always game for the entertainment in those threads.
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