Marriott Aruba Surf Club - Lawsuit by Association against owners

So timg106, did the guy with the 50+ units get the letter?

I agree with the prior message. But I would like to add a point. Marriott clearly is aware (of course they are as they initially wrote the by laws which have not really changed much since inception) of the fact that the By laws have a clause that refers to commercial use (although no one seems to know what that is defined as). Yet Marriott has always given us the sales pitch that we should buy more weeks. They tell us the more weeks we own the better weeks we can get for use or for rentals. Our Association Board must be aware of both of these facts (that marriott is aware of the commercial use clause and that Marriott still pushes owners to buy multiple weeks to rent). So based on these facts why would the Board go after owners for doing what the rules and Marriott have told us we can and should do. The Board should be going after marriott, not the owners. I hope and expect when this gets into the court system the judges will clearly see the true facts and unltimatley I would expect Marriott (and possibly our Board members for their apparent lack of independence, good judgement and possible breach of fiduciary duties to all owners) to be held accountable for any losses sustained by owners due to this suit.

I some how doubt that those owners of 50+ weeks and even 10+ weeks bought all of the units retail from Marriott. There are a lot of misrepresentations by sales folk and that has never really held up if for no other reason as there is no proof that it was said and the written contract generally super cedes oral promises or representations.

I am ashamed to admit that while what you say (Tracey) might be true for some folks - in that they may have 50+ units, or however many, and they may not have purchased all from Marriott, in my case, and in the case of others I know, who are part of this mess - we were foolish enough to have drank the Marriott Kool-Aid. In other words, we did in fact buy from Marriott - retail - and not on a secondary market. Further, I am one, of a number of folks, who while stupid enough to have allowed MVC to set me on this course, for a handful of units, I was smart enough to keep documentation in the form of emails from MVC Orlando -quite by accident - as I never would have thought it necessary to have to try to prove what everyone else, including Marriott knows. I recognize, only as a result of learning from others on this forum and elsewhere, that there are problems with how some folks make reservations but such problems have nothing to do with me. And for those who are complicit in working the reservation system to their advantage, Marriott can certainly prevent that from occurring any time they wish since they control the system. From the outside looking in, I am amazed that they have not sought that as an easy remedy as a viable alternative to this. Finally, and since I am a fixed weeks owner (all the same week!) and NONE of this reservation stuff pertains to me, it would seem that since the reservation system apparently permits one to take advantage of it, and since the MVC folks instruct people how to maximize their reservations and since Marriott Sales encourages people to buy more and more weeks so that they can enhance their reservation experience - it is not so easy or fair to simply blame the end-user. I cannot speak for others and again being one who only purchased Fixed Weeks and one who has never booked anything other than the Fixed Week I own - I am the victim in this.

Totally agree with Darcy 100000%. You are so on point. Everyone that owns is actually a victim of Marriott's ability to game the system. They do everything to keep the money machine cranking. The points based system that they now have in place is another perfect example of how Marriott has basically screwed owners. It is another way for Marriott to keep selling weeks. The popular resorts (such as Aruba Ocean Club) were sold out years ago yet now new points owners have access to making reservations with points (and these points owners can jump in front of regular owners to book reservations in advance of the one year mark). And our Board of Directors has chosen to attack its owner base for renting out weeks? Makes no sense. I would love to have been a fly on the wall for the Board meetings. The Board seems to be looking at this from the total wrong perspective. They should have Marriott fix the reservation system to make it fair. Don't go after owners for trying to follow the rules of the system. Change the rules if you must.

Any updates???

This is what is in the owner's contract....There are obviously owners who are renting them out for commercial purposes.

B. Residential Use and Prohibition on Commercial Use. Accommodations, Special Benefits, and Use Periods may not be used for any commercial purpose. This prohibition on commercial use includes, but is not limited to, any illegal activity or a pattern of occupancy, rental, leasing, or use by a Trust Owner that Program Manager, in its reasonable discretion, could conclude constitutes a commercial enterprise or practice. In the event a Trust Owner is determined to be reserving or using the Accommodations, Special Benefits, and Use Periods for any commercial purpose Program Manager may immediately cancel any current reservation(s) made by such Trust Owner and may impose such additional penalties or restrictions as determined by Program Manager, in its sole discretion, from time to time. The restrictions of this paragraph do not apply to the Developer, Trust Manager, any Exchange Company, or their affiliates or designees.

Marriott doesn't sell weeks any more, unless you go through re-sales. They only do DP.

So, the last sentence sums it up....

"The restrictions of this paragraph do not apply to the Developer, Trust Manager, any Exchange Company, or their affiliates or designees."

Owners can't rent out their own property. But, Marriott, the property manager or developer can.

It would sure be interesting to see this go to court in the US.

I'll do some research on my end and see if I can find out more information. I honestly don't think it is because people are just renting them out. Marriott knows owners do that and they don't care. It has to be something bigger than that. I will let you know what I find out in the next couple of days. :)

oops

Was there any update to these concerns? We just received a Cease and Desist letter as well from MVW - and we only own three deeded weeks and points.

darcyc9 wrote:

I am ashamed to admit that while what you say (Tracey) might be true for some folks - in that they may have 50+ units, or however many, and they may not have purchased all from Marriott, in my case, and in the case of others I know, who are part of this mess - we were foolish enough to have drank the Marriott Kool-Aid. In other words, we did in fact buy from Marriott - retail - and not on a secondary market. Further, I am one, of a number of folks, who while stupid enough to have allowed MVC to set me on this course, for a handful of units, I was smart enough to keep documentation in the form of emails from MVC Orlando -quite by accident - as I never would have thought it necessary to have to try to prove what everyone else, including Marriott knows. I recognize, only as a result of learning from others on this forum and elsewhere, that there are problems with how some folks make reservations but such problems have nothing to do with me. And for those who are complicit in working the reservation system to their advantage, Marriott can certainly prevent that from occurring any time they wish since they control the system. From the outside looking in, I am amazed that they have not sought that as an easy remedy as a viable alternative to this. Finally, and since I am a fixed weeks owner (all the same week!) and NONE of this reservation stuff pertains to me, it would seem that since the reservation system apparently permits one to take advantage of it, and since the MVC folks instruct people how to maximize their reservations and since Marriott Sales encourages people to buy more and more weeks so that they can enhance their reservation experience - it is not so easy or fair to simply blame the end-user. I cannot speak for others and again being one who only purchased Fixed Weeks and one who has never booked anything other than the Fixed Week I own - I am the victim in this.

I have no idea what happened at the Surf Club. I have read this same clause and was concerned. This is how I found this discussion. I do know that there are some MVC owners that have over 45 weeks. They stay in their own rooms at one resort for most of the year. I think they purchased them when they were actually weeks and not as points. We got one of these rooms once and the location was superb. One of the best views of the property. These people do not rent out their location but they live there. It appears there is a law that does not allow them to stay all 52 weeks. Personally staying at a resort all year long seems like an appropriate use of the property. Expensive, but appropriate. Having a dozen or more weeks and reserving a holiday week only to rent it out does sound like a commercial use to me.