davidvel
TUG Member
- Joined
- May 9, 2008
- Messages
- 10,113
- Reaction score
- 7,016
- Location
- No. Cty. San Diego
- Resorts Owned
- Marriott Shadow Ridge (Villages)
Ko Olina
Carlsbad Inn
No, no U.S. (legacy resort) CC&Rs that I am aware of allow them to "forecast inventory and as long as they allocate enough weeks in the seasons that people own into the weeks system, they they are inside the rules." Simply stated there are no provisions in the CC&Rs that provide for this. There can't be because there was no "Club" when these resorts were built.For my clarification please advise if I have this approx right?
- Its my understanding that they can forecast inventory and as long as they allocate enough weeks in the seasons that people own into the weeks system, they they are inside the rules. They then have the right to remove inventory at 60 days before check-in if its not been reserved.
- Similarly they would decide what weeks inventory actually goes into Abound from owner election, as there's little linkage between ownership that gets elected and the weeks they relate to.
- Weeks conveyed to the Land trust I assume are made available, irrespective of forecasting
- I'm not sure what the rules are for MVC (not Vistana) in putting inventory into II. It might be customary to deposit the week that an owner actually reserves if the owner does the deposit manually.
- Owner rental or Trade for Bonvoy may also be relatively flexible for them to decide.
- Whatever doesn't fall under the above, should be able to shuffled to wherever
The CC&Rs have specific reservation rules for owners of weeks, and those rules do not distinguish between individual owners like us, and MVC (or whatever entity the Club is.) All owners are bound by these rules and neither the respective Boards nor the management company can alter these rules. MVC and its Abound Club must follow the exact same rules as everyone else. I cannot "allocate" the weeks to my liking to myself, and neither can they. Per the governing docs. every owner must fight with every other owner for the best weeks in their season and no one gets an advantage (other than 12/13 rule), by allocating a certain percentage for themselves based on the number of weeks they own.
This is especially true as the respective Boards and the management company owe a fiduciary duty to us lowly individual owners.
In any event, we've been down this rabbit hole many times. Each time I ask anyone if they can find something in the CC&Rs that allows MVC to set up a Club that they sell points in, and place inventory in a trust for, and then as manager for the HOA, to create new reservation rules allowing them to "allocate" inventory as between their new Club and original owners, I'd be happy to review such language.
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