Now Marriott wants to control how owners at the sold out resort exchange their reservations among other Marriott owners in other sold out resorts. I don't see where they have any right to do this. But I'm not a lawyer.
I am a lawyer. In the Imagined MAR Trading System (MTS), Marriott is not controlling how owners exchange their reservations, except within their voluntary system. You have a right to join or not, but can't argue with their terms.
. . .
Hopefully an HOA will decide that Marriott doesn't have that right to interfere with their owner's ability to exchange reservations. But time will tell.
The HOA doens't have to do anything, as the IMTS doesn't affect anyone's trading rights unless they choose to join, which is optional and voluntary. The HOA is only on the hook if Marriott (as its manager) doesn't allow you to reserve your week, in season, 12/13 months out, or allows anyone else to do otherwise.
Perry, you can set up the Perry Trading System (PTS), and allow resale and direct purchasers (or charge direct purchasers more), I suppose. Will you be able to market as well? No. Will you be as big and funded as Marriot (maybe
). But this is why some trading systmes work and others don't. Obviously Marriott would have a huge advantage, but has yet to dive into this area, possibly for anti-trust concerns as you allude to.
The point being (as has been made countless times but forgotten as many), the IMTS is nothing more than another trading option ala II, redweek, RCI, ownertrades, PTS... none of which were guranteed or contractually promised to purchasers, direct or not.