No, these "documents" are irrelevant to resale purchasers because they didn't contract with Marriott to buy their timeshare/condo interest.
This goes to the heart of nearly all my posts and my goal to inform and educate people about what deeded "rights" people have vs. what are simply contractual "add-ons" which Marriott contends it can change at will (ie. bonus MRP points on its egregious loans, trading for points, your personal adviser, etc.)
I would love to see the documents that everyone always refers to which (at least according to all the posts I read from direct buyers) evidence the illusory contract that they entered into with Marriott (ie. Marriott promises things that they can at their own whim change or rescind, etc.) Note: if one side in a contract can change the terms when they want, it is not a contract... but I digress.
Many people often say that resale purchasers "lose the right" to exchange for points, or other perceived benefits. I see it from a different perspective. There are two parts to a Marriott timeshare ownership (the following should be a sticky named YOUR MARRIOTT "RIGHTS" 101):
1.
DIRECT and RESALE BUYERS have equivalent deeded rights
Your rights in your deed=Your right to reserve a week in your season, at your resort, 12/13 months in advance, and use it as you wish (yourself, friend, family, rent out, any exchange program you choose to contract with). MF you pay are up to your HOA (mostly controlled by Marriott but legally distinct.) Marriott doesn't own your TS or project, you do. Any "documents" you signed as a direct purchaser have nothing to do with these rights other than that Marriott had to transfer the deed to you, after which they are done. As a resale purchaser, you got the same deed. The deed and accompanying CCRs, etc. do not distinguish between direct purchasers and resale purchasers.
2.
Other stuff
anything other than 1, above, is (apparently) subject to change at any time at the whim of Marriott or any other vendor. In reality this "other stuff" isn't part of your rights as a "Marriott" timeshare owner, but a "side deal" or deals that may have been promised to you as part of the sale, or something you perceived you were getting. You should not think that this is a "right" that you have.
This other stuff (which may or may not be available to a direct or resale purchaser) includes: right to trade unit for points for round the world trips or weeks in Paris (which of course will never be devalued), glorious promises about trading your unit with II's program (salesman:"You can lock off this mud week and trade the studio for a 2BR in Maui..."), promises in your sales presentation about bonus MRP each year you repay your loan (which of course won't be withdrawn), the new Marriott internal trading program, redweek,
is subject to change, renegotiation, etc.
In fact, few people realize that legally Marriott has no ongoing direct obligation to you at all. They have an indirect obligation as a manager of your resort for the HOA. They don't have any legal obligation as manager to do anything other than 1, above, or what it contracts with the HOA to do, which contract can end. This means that your resort called "Marriott's XXXXX resort" could become "XXXXX resort," once the management contract ends (and this has happened.) This is the leverage Marriott has to demand high management fees (and thus higher MF).
So, hopefully, the above puts all the commentary about what can or can't be done (positive statements), and what should or shouldn't be done (normative staments), in context.
Well, your commentary does not exactly end the matter. I think you have the basic stuff right, as far as rights that might run with a deed of real property (in this case fractional time interests in a condominium) Marriott conveyed to owners, as opposed to obligations anchored in promises that Marriott has made to owners in its contracts.
However, this is a gross oversimplification of whether the owners are entitled to "relief" that extends beyond the rights transferred or promises made. That relief might be grounded in antitrust or consumer protection statutes that might prevent Marriott from engineering the scenario laid out by Perry in post 211. I'm sure there's an enterprising lawyer out there, grounded in antitrust or consumer protection/fair practices law, who thinks that if Marriott has deliberately set up a process that could deflate and manipulate the "resale" market to benefit its ROFR option, to the detriment of existing owners, that this could conceivably violate federal or state antitrust or consumer protection laws.
You all give a lot of credit to Marriott in that many of you believe they have teams of lawyers who must have assuredly have thought out this entire scenario. In many cases that might be true, but I never underestimate the ability of even the most talented and highly paid corporate lawyers and corporate managers to miss something or be clueless about some other area. And it never surprises me that some enterprising lawyer (whether a class action specialist or a government lawyer in the DOJ or the FTC or 50 State AG offices) might come up with a novel way to challenge behavior that is arguably unfair, as Perry and others appear to speculate.