ecwinch
TUG Member
- Joined
- Jun 6, 2005
- Messages
- 3,739
- Reaction score
- 1,126
- Location
- San Antonio
- Resorts Owned
- Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
This is a general question for all the WorldMark (WM) owners that frequent TUG and do not frequent sites where WorldMark issues are frequently discussed. And maybe even a broader opinion on the issue.
As most of you WM owners know, one of the key issues for some owners is the concept of Relative Use Value or RUV. Now this issue is very WorldMark centric, since I am not aware of another timeshare program that has something similar. Relative Use Value is a provision in the Governing Documents for WorldMark pertaining to the Developers right to set the credit allocation for new resorts that become part of WorldMark. Essentially the Developer transfers resort properties to WorldMark in exchange for a number of credits, which they in turn then sell as timeshare memberships. Now this is the provision of the declaration document that discusses Relative Use Value:
3.4(a) Allocation. Prior to recording or filing this
Declaration as to a Phase of the Property, Declarant shall allocate
to each Unit in that Phase the number of Vacation Credits required
for occupancy during different seasons of the year and on different
days of the week. Such allocation shall be based on the relative
use-value of the new Resort compared to existing Resorts, in
Declarant's reasonable discretion. Declarant shall notify Club in
writing of the schedule of Credits allocated to a Unit no later
than when the Unit is conveyed or transferred to the Club. The
total Vacation Credits allocated to each Unit is shown on Exhibit
"A" attached hereto. (emphasis added)
I am trying to figure out if this issue is as polarizing as I think it is. To some, this provision means that new resorts have to come into the system at the same credit allocation as existing resorts. So a brand-new resort should require the same number of credits per unit size and season as a resort built 10-12 years ago. Based on depositions from the Travelshare lawsuit, we know that the developer feels that "reasonable discretion" gives them the ability to set credit allocations based on the cost to build the resort. That if they cannot profitably build the resort, then it will not get built. Since real estate costs have increased faster than inflation, they need to charge more credits for a resort. Some are in the middle.
Just wanting to get a broader perspective. Would rather hear opinions on the issue rather than debating it. That gets done enough on other sites.
Thanks in advance....
As most of you WM owners know, one of the key issues for some owners is the concept of Relative Use Value or RUV. Now this issue is very WorldMark centric, since I am not aware of another timeshare program that has something similar. Relative Use Value is a provision in the Governing Documents for WorldMark pertaining to the Developers right to set the credit allocation for new resorts that become part of WorldMark. Essentially the Developer transfers resort properties to WorldMark in exchange for a number of credits, which they in turn then sell as timeshare memberships. Now this is the provision of the declaration document that discusses Relative Use Value:
3.4(a) Allocation. Prior to recording or filing this
Declaration as to a Phase of the Property, Declarant shall allocate
to each Unit in that Phase the number of Vacation Credits required
for occupancy during different seasons of the year and on different
days of the week. Such allocation shall be based on the relative
use-value of the new Resort compared to existing Resorts, in
Declarant's reasonable discretion. Declarant shall notify Club in
writing of the schedule of Credits allocated to a Unit no later
than when the Unit is conveyed or transferred to the Club. The
total Vacation Credits allocated to each Unit is shown on Exhibit
"A" attached hereto. (emphasis added)
I am trying to figure out if this issue is as polarizing as I think it is. To some, this provision means that new resorts have to come into the system at the same credit allocation as existing resorts. So a brand-new resort should require the same number of credits per unit size and season as a resort built 10-12 years ago. Based on depositions from the Travelshare lawsuit, we know that the developer feels that "reasonable discretion" gives them the ability to set credit allocations based on the cost to build the resort. That if they cannot profitably build the resort, then it will not get built. Since real estate costs have increased faster than inflation, they need to charge more credits for a resort. Some are in the middle.
Just wanting to get a broader perspective. Would rather hear opinions on the issue rather than debating it. That gets done enough on other sites.
Thanks in advance....
Last edited: