Original Message:
Re: Marriott Aruba Surf Club - Lawsuit by Association against owners (by Tim G.):
It is really an interesting letter/threat. In short, skipping the legal mumbo jumbo:
- It's coming from the Association's legal counsel, not Marriott's.
- The Association "has reason to believe that you are using residential units at the Resort for commercial purposes, which is a violation of the Articles of the Association and article 9.1 of the bylaws.
- The attorney wants you to respond by registered letter within 30 days
- Failure to respond and you have waived your rights to be heard, and the Board will initiate an expulsion procedure based on article 10.2 of the Articles of the Association and article 13.2 of the bylaws.
- Upon completion of expulsion, you are no longer an owner and no longer have rights of use and occupancy. Basically, they are taking your property, tough ta ta's.
Now back to the original post. Yes, bizarre.
- Why is the Association taking this action?
- What are the "commercial purposes" that are forbidden? Renting your unit is allowed at every other MVCI property. And even stated by Marriott as part of the sales process.
- Why would the Association open themselves up to numerous costly and onerous lawsuits open what can be deemed a potentially frivolous violation, if it is related to owners renting their units?
I would imagine if an owner replies by registered letter, it amounts to a confession and you'd be expelled more expeditiously.
There must be more to the story and looking forwarding to some official statement and clarification from the Board over the direction of this action.