Why have a third party control your common areas? Because the developer wants it!
This type of arrangement - ownership of common areas by the developer - can occur if it was originally set up that way. It is not a plus for the owners as that means the rights to use those areas do not belong to them - they are not transferred - and thus Marriott holds absolute control over them and can rent them out, sell the rights, etc with no control from the owners Association. A big negative. At some resorts - Bluetree in Orlando comes to mind - a "hostile" takeover of those common areas has actually meant the Association was thrown out of the check in desk and had to build their own new building on the property. It was (and continues to be) a big mess and a great reason to avoid ownership at that resort.
Naturally I prefer a true ownership of the resort by and for the individual owners. To me that should include all common areas. While there is most likely an easement or other usage right granted for some period of time to the developer to allow them to recover their investment through sales activities (which after all is why they build the place to begin with!) there should be an end date spelled out or negotiated at which point ownership and control moves to the Association. Once that happens they can collect rent or use the space for common good - but most importantly the Association has control. When the developer owns it there is an artificial and unnecessary permanent tie to a third party that hangs over the resort operation. As others have noted the potential income from those areas could help keep fees lower but, since the Association doesn't own or control it, instead any income (and to be fair potential losses) goes only to the developer or whoever they assign the use rights to. Not good for the unit owners.
The other problems it creates should be obvious as well. How do things like utility costs and cleaning get apportioned between the developer and the Association? Who pays for improvements and who approves them? How is it operated, what staff? It is a black hole and the answers can create riffs or worse for even the best run organizations. It is too bad that appears to be the setup that was put in place here. It is likely to be a thorn in the Associations side forever more.
So the net on the mystery of the "B" votes, is that Marriott retains ownership of certain common areas (like the Champions sports bar, etc.). So the "B" votes are based on ownership of those areas, and not that they lease them (as was originally reported and did not make sense).
Does anyone else read this differently?
This type of arrangement - ownership of common areas by the developer - can occur if it was originally set up that way. It is not a plus for the owners as that means the rights to use those areas do not belong to them - they are not transferred - and thus Marriott holds absolute control over them and can rent them out, sell the rights, etc with no control from the owners Association. A big negative. At some resorts - Bluetree in Orlando comes to mind - a "hostile" takeover of those common areas has actually meant the Association was thrown out of the check in desk and had to build their own new building on the property. It was (and continues to be) a big mess and a great reason to avoid ownership at that resort.
Naturally I prefer a true ownership of the resort by and for the individual owners. To me that should include all common areas. While there is most likely an easement or other usage right granted for some period of time to the developer to allow them to recover their investment through sales activities (which after all is why they build the place to begin with!) there should be an end date spelled out or negotiated at which point ownership and control moves to the Association. Once that happens they can collect rent or use the space for common good - but most importantly the Association has control. When the developer owns it there is an artificial and unnecessary permanent tie to a third party that hangs over the resort operation. As others have noted the potential income from those areas could help keep fees lower but, since the Association doesn't own or control it, instead any income (and to be fair potential losses) goes only to the developer or whoever they assign the use rights to. Not good for the unit owners.
The other problems it creates should be obvious as well. How do things like utility costs and cleaning get apportioned between the developer and the Association? Who pays for improvements and who approves them? How is it operated, what staff? It is a black hole and the answers can create riffs or worse for even the best run organizations. It is too bad that appears to be the setup that was put in place here. It is likely to be a thorn in the Associations side forever more.