Marriott Aruba Ocean Club Owners Being Ripped Off By Marriott - READ IF AN OWNER

[Zac495]

I will add you to the list. As soon as I speakw ith an attorney and we start this moving forward I will be in touch.

thanks

I think you have me on this list, correct?

 

[autumn]

I find Marksue's postings troublesome. He tried to post these same comments on flyertalk and was told it was not a timeshare forum and to use tug instead. He has already posted his one bedroom ocean club for resale. That's fine, I have no issue with him selling, but I love my marriott timeshare, was informed many months ago about the special assessments with explanations as to why they were needed, spoke with alan directly who also explained the need for the repairs to keep the place in good condition.
All the Marriott timeshare property assessments are going up this year, not just ours. Talk of class action suits at this stage seem unreasonable and just trying to scare our tug members by someone who has just found our site. I will be visiting the Ocean club this week and am looking forward to my home away from home. There needs to be a lot more communicating before lawyers are brought into this discussion. By the way, my husband is an attorney.

 

[timeos2]

No surprise

All this should come as no surprise. This is the Marriott t/s approach. Get big $ upfront, insist on total control, let the resorts slide, demand owners pay their price to fix it up or they walk away. Impede owners rights with ROFR when it suits them. Drop it when it could have benefited owners. Nothing new. The fact that so many owners still think Marriott looks out for THEM is the real surprise to me.

 

[Eric]

Now that you have unmasked them, I am sure sales will drop.

All this should come as no surprise. This is the Marriott t/s approach. Get big $ upfront, insist on total control, let the resorts slide, demand owners pay their price to fix it up or they walk away. Impede owners rights with ROR when it suits them. Drop it when it could have benefited owners. Nothing new. The fact that so many owners still think Marriott looks out for THEM is the real surprise to me.

 

[LJGRASSO]

I find Marksue's postings troublesome. He tried to post these same comments on flyertalk and was told it was not a timeshare forum and to use tug instead. He has already posted his one bedroom ocean club for resale. That's fine, I have no issue with him selling, but I love my marriott timeshare, was informed many months ago about the special assessments with explanations as to why they were needed, spoke with alan directly who also explained the need for the repairs to keep the place in good condition.
All the Marriott timeshare property assessments are going up this year, not just ours. Talk of class action suits at this stage seem unreasonable and just trying to scare our tug members by someone who has just found our site. I will be visiting the Ocean club this week and am looking forward to my home away from home. There needs to be a lot more communicating before lawyers are brought into this discussion. By the way, my husband is an attorney.

In regards to Marksue's comments that your troubled with please realize that he like myself love the resort. The problem is one needs to stand up for one self or get rolled over by the Marriott Machine. Just because we all love Aruba and being at the Ocean Club doesn't mean we all should turn the other cheek & let Marriott slap us around. Don't be blinded by your love for the Aruba Ocean Club and roll over.

 

[marksue]

I do like the Ocean Club and wish I didn’t have to do these posts. But as mentioned by the Ljgrasso, we need to stand up to Marriott as they take advantage of us owners. I love Aruba and just back from Aruba 30 mins ago. If we the owners don’t speak up Marriott and the board will think they can keep screwing us every year.

Autumn, does your husband do class action suits? As for assessments the Surf Club has no assessments, as I own there as well. The Surf Club annual fees went up just over 10%, the Ocean Club 35%. Too bad you weren’t at the annual meeting. Owners tried to have a dialogue with Marriott but, were talked down to, there questions were not answered or they were told if you don’t like it sell your units. Even our treasurer talked down to owners.

Why do you think we are spending so much on repairs? It is because the building was not built properly to start with. The roof was defective, the building was not waterproof and we have been paying for this since day 1. Just think how much money we could have saved with a building that was up to the standards that we thought Marriott provided.

I will continue to post on all boards I can find. And I am trying to rent or sell 1 of my 2 units at the Ocean Club due to the costs. Do I want to sell, no I don’t, but don’t have much of a choice due to Marriott’s taking advantage of us owners. At this time the Surf Club is a much better value then the Ocean club. Over the next 2 years, my annual cost for my 2 bedroom unit in the surf club is lower than the annual costs for my 1 bedroom in the Ocean Club.

I am hoping Marriott stops taking advantage of us owners.

 

[Retired to Travel]

MarkSue--
I can only assume that your name is Mark and that you like to SUE people (dear "guest".) We are happy MAO owners; please sell if you like and then leave us alone.

 

[marksue]

Retired, I am glad you are enjoying. I enjoy it as well but want to be treated fairly by Marriott. I respect your feelings, but I will not stop fighting until thier is fair treatment by Marriott, for ALL owners.

 

[concernedowner]

Aruba Ocean Club

As an owner of both the Surf Club and Ocean Club, I must admit that my preference is with the Ocean Club. As an owner for seven years, I feel like I am returning home when I get to the Ocean Club. Over the last few years, I have noticed that maintenance appears to be slipping and am shocked that my maintenance fees are increasing so significantly. I have also noticed that the staff is not as accomodating as they used to be.
I think we owe it to ourseleves to attempt a reasonable attempt at negotiations before initiating a lawsuit. I do not want a negative perception attached to my Aruba property. Let's try to work with our elected board memebers to reach an end product that will benifit us and not alienate Marriott.
We should know what we are dealing with (costs, deficiencies, etc) before we start screaming lawsuit.

 

[marksue]

As I have stated I would prefer to not have a law suit. My understanding is discussions ont his issue have been going on for quite sometime, without what I would consider a satisfactory resposne from Marriott. I have called Marriott directly with no response.

Having attended the general meeting, it was quite obvious our board is not fighting as they should and the Marriott representitives talked down to the owners. You really needed to be at the meeting. WHy did the majority of the owners walk out of there angry. I spoke to many after the meeting so I know how angry they were.

 

[Zac495]

Exactly. I am torn. Part of me wants to just sell it and get out from the maintenance fees. i realize I would pay them this year - and the assessment. Seems that with the increases, we may be better off renting. That said, Aruba does lock off. But you take the maintenance fee + lock off fee + II fee + trade fee - you're at almost 2000 dollars now. So yes, I realize I'd probably get an AC and 2 trades, but for 2000?

Marriott is screwing us. First the points, now this!

 

[lovearuba]

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[marksue]

I spoke to an attorney friend of mine today and he is setting up a meeting with a class action attorney. I also want to thank those of you who have sent the private messages with support as well as names of class action lawyers they have dealt with in the past.

I will tell you even though a few posts here have been pro Marriott, proabably Marriott employees, the overwhelming response has been fantastic.

There is also an email that is going to be going out to all owners who are renting or selling their units on the Ocean Club site. Please keep spreading the word on this site and lets get more Marriott owners invovled.

I was just out at the Ocean Club Website and noticed all board members have removed thier email addresses from the site. As soon as i can get a hold of those email adddresses I will psot them here. You have to wonder why they removed thier email address from the site. Are they getting too many emails from upset owners?


Stayed tuend for more information

 

[Dave M]

I will tell you even though a few posts here have been pro Marriott, proabably Marriott employees...

Probably not. I think you lose credibility when you make such an unsubstantiated accusation, as it's really insulting to those of us who are pro-Marriott. You haven't been around here long enough to recognize that we do a pretty good job of unmasking Marriott employees when they occasionally post here as though they aren't employees.

Further, although you might find it difficult to believe, the majority of those who post on this forum have been pro-Marriott. See, for example, this unscientific poll, located at the top of the list of topics.

Although it appears you are spearheading a worthwhile cause for some Marriott owners, please don't denigrate others who post here.

 

[marksue]

Dave,

My apologies. No disrespect was intended. I am sure there are many pro Marriott people. Up until this situation I was also pro Marriott.

 

[marksue]

THe board has been telling us they have a good working relationship with Marriott. If this is the case why then on Jan 14 2008 did they threaten to take Marriott to court and even hired a firm in Aruba.

Attached is the resolution that the board posted on the Ocean Club website.


Resolution of the Board of Marriott Vacation Club International of
Aruba Cooperative Association adopted by majority vote cast during a
meeting held by telephone conference on January 14, 2008
==============================================
The Board of the Marriott Vacation Club International of Aruba
Cooperative Association, hereinafter referred to as the Coop, in a
meeting convened by the President and held by telephone conference on
January 14, 20008, with the participation of the majority of the
Members of the Board constituting a quorum for the adoption of valid
resolutions in a meeting;

Whereas, the term “Marriott Affiliated Parties” shall mean: Marriott
Vacation Club International of Aruba N.V., the Developer of the Aruba
Ocean Club (“AOC”), Marriott Resorts Hospitality of Aruba N.V., the
Manager of the AOC, and Marriott Aruba N.V., the entity which has been
contracted by the Manager to actually manage the AOC;

Whereas, the Board has made several attempts to commence a dialog with
the Marriott Affiliated Parties to obtain a satisfactory resolutions
with respect to the issues being discussed in this instrument, but the
Marriott Affiliated Parties have either refused to enter into such
dialog or refused to recognize the unalienable rights of the Coop;

Whereas, the President presented the following issues which need to be
resolved and with respect to which the Marriott Affiliated Parties are
posturing the refusals described in the preceding paragraph:

(i) Register of Members of the Coop: The Coop, as
represented by the Board, is entitled to obtain full access to and
possession of a complete current and updated register of members of the
Coop containing each member’s full names, home addresses, email
addresses;
(ii) Defective building: The Coop, as represented by the
Board, establishes that it has been delivered a defective building by
the Marriott Affiliated Parties. The Coop holds the opinion that the
Marriott Affiliated Parties are liable for the costs and expenses
incurred or to be incurred by the Coop in connection with the
replacement of the metal roof, resolution of flooding occurrences, and
the scheduled replacement of windows and the flat roof;
(iii) S&M Desks in the AOC Lobby: The Coop is entitled to
receive a monetary consideration for the past, current and future
installation and operations of the numerous S&M Desks operated by the
Marriott Affiliated Parties, such without prejudice to the right of the
Coop to exercise its right to terminate, in whole or in part, as the
case may be, the installation and operations of such S&M Desks in the
AOC Lobby;
(iv) Lobby Desk Space Rentals: The Coop is entitled to all
income derived from the grant by the Marriott Affiliated Parties of
concessions and licenses to persons or entities to provide facilities
and services to and within the AOC;
(v) Storage Facilities on AOC’s property: The Coop is
entitled to storage fee in virtue of the fact that the Marriott
Affiliated Parties are using facilities on AOC property for storage
purposes not related to AOC, such without prejudice to the right of the
Coop to terminate such storage use;
(vi) Commercial Space Liability: The Coop, as represented
by the Board, disputes that it should share in the payment of repairs
and maintenance with respect to the Commercial Spaces owned, controlled
and operated by the Marriott Affiliated Parties for commercial purposes
for their sole benefit. As such, the ratio 88/12 being applied
unilaterally and without any explanation by the Marriott Affiliated
Parties with respect to the allocation of the costs pertaining to the
repair of the roof of Commercial Spaces, is unacceptable;
(vii) Breach of security duties and lack of response: The
Coop, as represented by the Board, cannot but conclude that the
Marriott Affiliated Parties have seriously breached their duties with
respect to the security of AOC as the same room has been robbed six
times in less than 12 months. The response by the Marriott Affiliated
Parties in this respect was totally inadequate. The Coop holds the
Marriott Affiliated Parties liable for loss and damages suffered in
consequence of the breach of security duties;
(viii) Management Fee Structure: The Coop, as represented by
the Board, holds the opinion that the application and implementation
by the Marriott Affiliated Parties of the current Management Fee
structure is in violation of the terms of the applicable contract.
(ix) Election process: The Coop, as represented by the
Board, holds that the exclusion by the Marriott Affiliated Parties of
the Coop from the voting and election process preceding, during and
subsequent to general meetings of members violates the applicable
provisions of the Governing Documents of the Coop;
(x) Restriction autonomous power of Coop: The Coop, as
represented by the Board, believes that article 5.7 of the Construction
and Use Agreement, which provides, in short, that articles of
association and bylaws of the Coop cannot be amended without the prior
consent of MVCIA if any such amendment would have an adverse impact on
MVCIA’s interests, is invalid and unenforceable;

Whereas, the President proposes to give the Marriott Affiliated Parties
until the Board meeting of January 28, 2008, the time to resolve the
foregoing issues in a manner satisfactory to the Board;

Whereas, the President proposes for the Coop to engage the law firms of
Aruba attorneys David G. Kock and Antonio A.D.A.. Carlo to immediately
commence the pertinent legal proceedings, be it in summary or ordinary
proceedings, as the case may be, against the Marriott Affiliated
Parties before the Aruba First Instance Court to obtain a final
judicial resolution of the foregoing issues if the Marriott Affiliated
Parties fail to provide the final resolutions as provided for in the
preceding paragraph of this resolution;

NOW, THEREFORE, BE IT RESOLVED, that the Board does hereby approve the
proposal to give the Marriott Affiliated Parties a last chance to
resolve the issues contained in this resolution in a manner
satisfactory for the Board on or before January 28, 2008, the date on
which the Board shall hold a meeting in Aruba; and

BE IT FURTHER RESOLVED, that in the event the Marriott
Affiliated Parties fail to finally resolve the issues as provided for
in the preceding paragraph of this resolution, it shall be proposed in
the meeting of the Board on January 28, 2008, to authorize and consent
to the engagement of the law firms of Aruba attorneys David G. Kock and
Antonio A.D.A. Carlo with the authorization and instruction to
immediately initiate legal actions in the name and for the account of
the Coop, be it in summary or ordinary proceedings, as the case may be,
against one or all of the Marriott Affiliated Parties before the Aruba
First Instance Court to obtain a final judicial resolution with respect
to the issues contained in this resolution or any issue the
aforementioned attorneys deem necessary and pertinent;


These resolutions may be signed in one or more original or fax copy
counterparts, each such counterpart being deemed an original but all of
such counterparts together being deemed a single instrument.

WHEREOF, the undersigned, being all of the members of the Board who
voted affirmatively to adopted these resolutions, have executed this
instrument as of the 14 day of January, 2008.

 

[OCsun]

My two cents worth!

I am currently at the Marriott Ocean Club and while I am enjoying my stay and was willing to pay the two year assessment - the hugh increase in annual maintenance fees is more than I want to take on. I will check with Marriott, while I am here, regarding selling my unit. Sorry TUGGERS who love their units! I have a problem with Marriott on these issues.

One of my other timeshare units, the Westin St. John, is making special assessments for the next three years to replace the kitchens and bathrooms. I need to make a decision which timeshare is a better investment both from a financial and personal enjoyment level.
WSJ wins!

 

[Zac495]

I am currently at the Marriott Ocean Club and while I am enjoying my stay and was willing to pay the two year assessment - the hugh increase in annual maintenance fees is more than I want to take on. I will check with Marriott, while I am here, regarding selling my unit. Sorry TUGGERS who love their units! I have a problem with Marriott on these issues.

One of my other timeshare units, the Westin St. John, is making special assessments for the next three years to replace the kitchens and bathrooms. I need to make a decision which timeshare is a better investment both from a financial and personal enjoyment level.
WSJ wins!

Marriott said they're not buying back Ocean Club at this time. They said they have enough inventory.

As much as I hate this, Seth Nock said they're selling low- lower than I bought it for (and I bought it resale). I'm thinking of waiting even though we'll pay the fees to sell.

If priced right, hopefully we can rent to cover the costs. Very frustrating.

 

[marksue]

If Marriott has too much inventory, then you know that there is a problem, considering the building is sold out and this is all resales. When I was inthe sales presentation last week, the sales person said if a 1 bedroom is turned in they would have it sold in a few days.

I think Marriott needs to get thier stories too match.

 

[Pens_Fan]

The salespeople rarely tell the truth.

We were there in July and our saleswoman told us that the economy wasn't hurting their sales at all. In fact, they were doing quite well.

I took my 15,000 points, my set of towels and told her if I bought another timeshare it would be resale.

 

[marksue]

Since the board members have taken thier email addresses off of the AOC website, an owner sent me the email address of the new president.. As I get the additional email addresses i will post them as well.

[Edited to delete unauthorized e-mail address. Such addresses should not be posted here without the address owner's permission, in part due to spamming considerations. Dave M, BBS Moderator]



I have sent the link to this thread to timeshare today www.tstoday.com

 

[lovearuba]

new president

Hi Mark
I did have the email for the new president and sent him an email last week when all of this was going on and I got no response. I am not surprised.

Dave, I understand your editing Marks message and removing the email address, it really should be public knowledge since it was on the ocean club website but policy is policy and ocean club owners can get it if they need it.

Sounds like the new president is hiding.

 

[marksue]

I understand Dave having to remove Frank's email address. I have the email address for most of the board. Anyone who is intersted in thier email addresses please send me a private message and I will forward it along.

 

[OCsun]

I spoke with Corey Guest yesterday evening.

Owners gathered yesterday for cocktails with the General Manager and staff here at the Ocean Club. I was able to get some time with Corey Guest to bring up some of the concerns listed here on TUG.

-The special assessment is being used to fund complete remodeling of the units bathrooms and kitchens. The unit renovations will take place between June and November 2009. Marriott will front the money until both 2009 and 2010 assessments are collected.
- The roof situation, is another expense which was the result of a 20 year roof lasting 10 years and the annual maintenance fees not yet establishing enough reserve money to cover the replacement. Marriott is covering 43% of the replacement cost and the owners association will be covering 57%.
- Maintenance fees rising are the result of utilities up 40%+, rising cost of water, expense charged by credit card companies since most members now charge their annual maintenance fees rather than send a check. Last but not least Marriott's management fees - he did not elaborate regarding how much they are rising.

Pam's Commentary - Mr. Guest said that the material originally used for the roof was the best at the time and new products are now much better. I guess we would need to prove that Marriott knowingly used poor quality material. We did get 10+ years use out of the current roof, so I am not sure how we can expect them to pay more than 43%. I did express my concern regarding the management being able to properly set aside reserves for capital expenditures.
I also questioned the need to remodel the units. The kitchen looks great to me and the bathroom is a little dated but in no way needs to be replaced. Mr. Guest expressed that my opinion was in the minority since he receives many complaints regarding the kitchen cabinets.
In conclusion, they (Marriott Management and the HOA) decided to just come in and correct everything at once.

I really do not mind paying a one time assessment to correct and upgrade the roof. I do not think the bathrooms or the kitchens need to be replaced or upgraded. I am concerned about such a huge increase in the annual maintenance fees. Has the previous management done a poor job of determining the real costs associated with maintaining Ocean Club? If so, why are we paying Marriott any management fees much less increasing them? Would we be better off breaking away from Marriott all together? If not, show us why our expenses must rise 35% in one year. I hope this information is helpful to those who were in the dark about this situation, as I was. Pam

 

[marksue]

Pam,

I agree with everything you are saying. What MArriott or the board is refusing to address is the fact that the roof and windows have all leaked since day 1 and the owners pay for all the repairs caused by these issues. If we did not have to pay all that we wouldnt be in the situation we are in today.

We the owners are paying 200k to fix the rooms becuase of Omar. This should be Marriotts costs due to the poorly prepared building they purchased.