Gordon Jackson purchased a lot at the Fairfield Bay Ozark Mountain Lake Resort & Community, a resort property owned by Wyndham Destinations, Inc. (Wyndham). Upon purchasing his property in the resort community, Gordon was required to join a “club” and pay a monthly fee of $30. In reality, however, Gordon alleges in his complaint that nothing accrues from club membership. Class members pay monthly assessments and receive absolutely nothing of value for their money. When they request an accounting,  accounting is provided. When they ask to withdraw from club membership, they are threatened with ruination of their credit rating if they try.

CASE QUESTIONS

1. What type of property right is Gordon’s club membership? In particular, is it real or personal property? Explain.

2. What if Gordon had purchased a “timeshare” instead of a lot. A timeshare (sometimes called vacation ownership) is a form of property in which ownership or use rights are divided among many owners. What type of property is a timeshare?