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[ALL DEBATE CONTENT REMOVED FROM ORIGINAL THREAD PLACED HERE] All debate topics stemming from the ongoing Wyndham resort closure actions...

And let's not forget this little ditty, which while secreted away in the Terms & Conditions for Points Protection, doesn't indicate that this definition of "commercial use" is limited to only Points Protection. (To the contrary, it would be weird for Wyndham to use one definition in certain situations and a contradictory definition in others.) In this definition, simply advertising online would fit the definition, and there's no mention of profit.
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Great add here Sarah. I had forgotten about that verbiage. Does it include a definition of the term Permitted User?
 
I don't understand why the off-topic discussion of renting Wyndham points was moved to this thread about the legalities of Wyndham closing the resorts. It's just as off-topic here as it was in the other thread. Shouldn't it be a stand-alone discussion?
 
I don't understand why the off-topic discussion of renting Wyndham points was moved to this thread about the legalities of Wyndham closing the resorts. It's just as off-topic here as it was in the other thread. Shouldn't it be a stand-alone discussion?
Creating a net new thread requires a bit more effort than simply moving offshoots from the main thread over to here. Not saying no - but this debate thread is a destination/placeholder for any/all content that starts in the main thread and needs to be moved to keep that thread on-topic over time.
 
Great add here Sarah. I had forgotten about that verbiage. Does it include a definition of the term Permitted User?
I found the definition in the 2018 CWA POS (I knew I'd seen it somewhere, and fortunately I didn't have to go far down my list to find it lol).
Permitted Users. Means that or those individual(s) who have the right to use the Points assigned to an Ownership (such as, to make a reservation for a Club Accommodation or to use the Points in any way permitted under the Club Instruments). If an Ownership is held in the name of one or more individuals, then all of those individual(s) shall be Permitted Users. If an Ownership is held in the name of a trust, corporation, partnership, limited liability company or other entity, then those individuals designated in the Purchase Agreement or later designated by the Principal Contact in writing to the Association shall be Permitted Users. The Principal Contact is always a Permitted User. The Permitted Users with respect to each Ownership shall be identified in the Club Ownership Register. The Declarant or the Association shall have the right to limit the maximum number of Permitted Users per Ownership.


Interesting that it seems the mention of Permitted Users in the T&C for points protection seems more expansive as "immediate family" with no mention of co-ownership, but this definition seems to limit it to owners, co-owners, or other people authorized to be on the account (which isn't really something we can do as Club Wyndham but I believe it's possible in Worldmark?). And it would cover the "add someone to your smallest contract to get access to the entire account" scenario.

I would guess it's also defined in some document that covers the entire Club Wyndham Plus portfolio (but it's not the SECOND AMENDED AND RESTATED FAIRSHARE VACATION PLAN USE MANAGEMENT TRUST AGREEMENT which is the first place I looked), since the POS is technically just applicable to CWA. But my thought again is that the definition would be fairly consistent throughout the entire club.
 
Although, with a re read, the language of Wyndham specifically says "for a profit". Technically, according to their definition, if I am taking a loss or covering exactly my MFs, that is not "for a profit". But another part of that answer specifically says can only use EH/VS. So I guess even that is still ambiguous. But either way, EH/VS governs in my opinion. Anything else is outside the guidelines.
Agreed. Hence why I kept referring back to the term Commercial Use - because as a general rule a commercial enterprise is engaged "for a profit." Fortunately @paxsarah provided the definition of Commercial Use which was found in the T&Cs for, of all things, Points Protection. Go figure. That said, how does Wyndham determine whether the rental is "for a profit" or not? It's a difficult problem to solve for I would think. That is likely why there is an appeals process for the cease-and-desist letters in the first place, since there will inevitably be false positives since no system is perfect.

I think we unearthed the graphic Sarah shared in the past here on TUG as well. I'll add this to our FAQ item today since this topic comes up on occasion - that way we can refer others to the FAQ on this topic of Commercial Use and rentals. Unfortunately the rental topic is an oft debated item here for various reasons, and it seldom stays productive as the debate ensues as the two emcampments go down what are all too familiar points as the argument ensues. Unfortunately the pattern recognition processes that Wyndham is using don't really appear to take into account "for a profit" outside of identifying public listings for a price that tie back directly to the Wyndham account owner, which is why I've always personally used a points manager on the rare occasion when I rent a reservation to someone that's not F&F. I continue to wish, ever so valiantly, and continue to recommend to Wyndham endlessly, that they create a formal F&F program, however when they polled on this topic, it ran into a brick wall because that's when Wyndham did some real homework and provided the stats I quoted earlier that proved this to very much be a minority edge case overall. That doesn't prevent me from continuing to suggest a F&F program when the opportunity arises, but it falls on deaf ears for the most part. I even wrote up a program proposal and submitted it to Wyndham, and I think I posted it here as well, if I can find it - I'll link back to it in a subsequent post.
 
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I found the definition in the 2018 CWA POS (I knew I'd seen it somewhere, and fortunately I didn't have to go far down my list to find it lol).
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Interesting that it seems the mention of Permitted Users in the T&C for points protection seems more expansive as "immediate family" with no mention of co-ownership, but this definition seems to limit it to owners, co-owners, or other people authorized to be on the account (which isn't really something we can do as Club Wyndham but I believe it's possible in Worldmark?). And it would cover the "add someone to your smallest contract to get access to the entire account" scenario.

I would guess it's also defined in some document that covers the entire Club Wyndham Plus portfolio (but it's not the SECOND AMENDED AND RESTATED FAIRSHARE VACATION PLAN USE MANAGEMENT TRUST AGREEMENT which is the first place I looked), since the POS is technically just applicable to CWA. But my thought again is that the definition would be fairly consistent throughout the entire club.
I've added a new section to the FAQ sticky thread with the graphics included for Rental Related FAQs - it's a WIP at present but it's a start. Thanks for the due diligence on digging up these items. Here's a link to the FAQ page - the Rental Related FAQ is the last section listed in the OP: https://tugbbs.com/forums/threads/s...before-posting-questions-in-the-forum.355645/
 
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And let's not forget this little ditty, which while secreted away in the Terms & Conditions for Points Protection, doesn't indicate that this definition of "commercial use" is limited to only Points Protection. (To the contrary, it would be weird for Wyndham to use one definition in certain situations and a contradictory definition in others.) In this definition, simply advertising online would fit the definition, and there's no mention of profit.
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I would imagine, legally, that since these T&Cs are found in points protection, this definition only applies to points protection. I don't think you can extrapolate it to other uses of the word. That being said, it's been a long time since contracts class at night school law school. Might want to ask @chapjim . Either way, it's a good starting point and pretty amazing that you could pull it up.
 
The tracker on the first page of the other thread lists 14 resorts slated for full or partial exit. All but three have already started bankruptcy proceedings.

The holdouts are Bentley Brook in MA, Bay Voyage in RI, and Shawnee in PA. Note that Ocean Ridge does not have an Omni site listed, but they're out there, one for Sea Palms and another for Sea Oaks.

Several of us have been wondering about the delay. At first I thought it was because they were in the Northeast: all the southern resorts have entered bankruptcy. But then I noticed that a couple of resorts in the Northeast have made some progress.

So I turned to AI for some insights, and one of the suggested reasons was difficulties in getting all the necessary paperwork together including all the accounting details for all the creditors.

Does that sound valid? What are some other reasons for these last three resorts being so far behind? I'm a Shawnee owner and I know we were delayed a bit due to a couple of HOA's having year-round "full interval" owners, but that was cleared up and they voted end of March (or they closed end of March).

There was a meeting of the Shawnee Commons board last week; that's the association for the shared areas and not exactly a Homeowner's Association. As someone posted in the other thread, it was announced that bankruptcy would be filed in two or three weeks... which is exactly what the GM of our HOA said back in June.
 
FoxHunt are a mix of stand alone 2BR Deluxe 2-level condos and split level Duplexes and Triplexes (enter on the ground level / 2nd floor). Second bedroom, kitchen and living spaces are on the 2nd floor, master bedroom is on the (lower) first floor / basement). Lower level also has washer/dryer (it's INSIDE the master bedroom though)
Is Foxhunt at Sapphire Valley still open and a part of Wyndham? It shows in the list of resorts on the website but doesn't allow you to book it. This is under "Resort Alerts" on the website: The resort will remain closed through at least Sunday, Oct. 12, 2024, and may be extended based on local conditions. Currently, most roadways to the property are not accessible.
I tried calling the phone number listed and the outgoing message was "Welcome to Capital Vacations...." So I'm guessing it is no longer part of Wyndham. If so, wonder why it has not been removed from the website.
 
Is Foxhunt at Sapphire Valley still open and a part of Wyndham? It shows in the list of resorts on the website but doesn't allow you to book it. This is under "Resort Alerts" on the website: The resort will remain closed through at least Sunday, Oct. 12, 2024, and may be extended based on local conditions. Currently, most roadways to the property are not accessible.
I tried calling the phone number listed and the outgoing message was "Welcome to Capital Vacations...." So I'm guessing it is no longer part of Wyndham. If so, wonder why it has not been removed from the website.

There are 3 resorts that are part of the "Sapphire Valley" location under Wyndham:
- Wyndham Vacation Ownership at Mountain Laurel, aka "Club Wyndham Resort at Fairfield Sapphire Valley
- Hilton Grand Vacations Club (Formerly Diamond Resorts International) at Fairway Forest
- Capital Vacations at Fox Hunt

At some point Wyndham split out Fox Hunt into it's own bookable selectable location. I don't know why. But it's been like this since the last major webpage redesign in ~2021.

The warning about "2024" likely has to do with the hurricane Helene that flooding affected the area in October 2024 that closed Sapphire Valley area as well as the Wyndham Lake Lure resort, which has a similar setup with multiple ownership interests allowing cross-booking. The resorts weren't damaged really but the road and power infrastructure in some of the areas was wiped out and in some cases affected for MONTHS. I stayed at Sapphire Valley in a Mountain Laurel units in December/January 2025 and the resort was fine.

I don't know about why Fox Hunt isn't bookable, but this location has a lot of fixed weeks and I have seen in the past inventory will be randomly deposited. Keep checking back. I have stayed at Fox Hunt once, they are all 2BR split level units. The unit I stated at had a LOT of steps to get to, and the master BR is down stairs. The Wyndham units if you get a 2B1R LO, the 1BR Deluxe unit is "ground level" and the 1BR Suite is downstairs, just so you know. The Fairway Forest units are upstairs / downstairs too, but I think they are all 2BR units
 
Following up on my own post... I just checked the Omni site, still nothing for Shawnee, but there is a new posting for a completely unrelated real estate venture.

I took a look just to get an idea of what goes into the initial filing. Looks like the bulk of the filings have to do with listing the creditors. I think that's really what the Omni Agent Solutions site is for, someplace to notify the creditors.

Is that what is holding things up??? You'd think they'd know who all the creditors are and how much is owed. Wonder if for some reason it is preferable to pay people off before bankruptcy.
 
Following up on my own post... I just checked the Omni site, still nothing for Shawnee, but there is a new posting for a completely unrelated real estate venture.

I took a look just to get an idea of what goes into the initial filing. Looks like the bulk of the filings have to do with listing the creditors. I think that's really what the Omni Agent Solutions site is for, someplace to notify the creditors.

Is that what is holding things up??? You'd think they'd know who all the creditors are and how much is owed. Wonder if for some reason it is preferable to pay people off before bankruptcy.
Unless I'm mistaken - on average the time between the initial resort closure votes and the actual Omni website page listing anything once the bankruptcy is filed - is approximately 3-4 months. When we look at OIRC - the filing appears to have occurred on 10/23/2025 - and that resort voted at the very beginning of Aug 2025 - so roughly a three month lead time. The larger and more complex the resort - the longer the lead time. In general, we have observed that the resorts that contain whole ownerships - tend to take longer to file due to added complexity - those resorts seem to be averaging 4-6 months. So, Shawnee closed on 3/31/2026 - so we're coming up on five months out - I'd estimate we will see a filing sometime in September timeframe. Just like many other industries - once we hit the summer months - people - yes including judges and clerks and lawyers - burn up vacation time - and this inevitably leads to additional delays within a system that already moves slowly - hence why I'd estimate the we'll see a late September filing for Shawnee - this is merely an educated guess and is just speculation on my part to be clear. Though it is certainly in Wyndham's best interest to have this all go as quickly as is possible - that much is certain - they aren't holding anything up - they want this whole process shored up and done ASAP.
 
When the properties with whole owners shut down, did the whole owners move out? I suspect many are probably still living in their units?
 
When the properties with whole owners shut down, did the whole owners move out? I suspect many are probably still living in their units?
My understanding is the whole owners were offered options - what exactly those options were I am not certain - though IIRC one of the Shawnee owners that has posted into this thread - is actually a whole owner - so perhaps they may see this and respond with more details.
 
I thought there was a Shawnee whole owner here on the forum who commented, maybe they can share their experience.
 
I'm not a Wyndham defender, but I would like to weigh in on some ethical issues.

Adding a resort means an agreement with the HOA for that resort, and possibly notice to current owners that they can have their unit listed for Wyndham points and working out a compensation since that unit will have new conditions the owner should have to agree with.

Removing a resort from the booking system has to again involve the contracts with the HOA and resort owners. For example offering the individual owners a "point swap" for similar value. It also means stopping all new booking from the end date and telling anyone who has a booked reservation what they can do about it, like get back the points and book somewhere else.

If the HOA cannot make a business continuation plan for the resort then it has to be up to the owners to choose the path forward. Wyndham probably has a limited amount of input to that since they have decided not to contribute to the future revenues of that resort.

Please correct me if I have not understood the basics here. I have watched Wyndham for many years and seen resorts both come and go.
 
If the HOA cannot make a business continuation plan for the resort then it has to be up to the owners to choose the path forward. Wyndham probably has a limited amount of input to that since they have decided not to contribute to the future revenues of that resort.

Please correct me if I have not understood the basics here. I have watched Wyndham for many years and seen resorts both come and go.
You have it right, but instead of "limited" above, you probably mean or should mean "significant". If Wyndham has decided not to continue to future revenues at a property they have majority control of the HOA, that spells doom for the property. Wyndham had all the input in what unfolded at these properties, not limited input.
 
If the HOA cannot make a business continuation plan for the resort then it has to be up to the owners to choose the path forward. Wyndham probably has a limited amount of input to that since they have decided not to contribute to the future revenues of that resort.
In the case of the resorts that closed at the end of 2025, the HOAs voted to end timeshare operations and sell the resorts using a bankruptcy process. Wyndham holds a controlling voting majority of the inventory at each of the resorts (through direct ownership of intervals/points and controlling the vote of the PTVO/Club Wyndham Access trust). There is no potential for a business continuation plan and the path forward (closure and sale) was already chosen by vote of the HOA.
 
correction -- "vote of the HOA owners/membership"

The HOA in each resort had no vote; they were just the messenger.
I intended “HOA” to mean the entirety of the membership. It I had meant only the HOA board, I would have said “HOA board.”
 
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