Does the Best Western Board have sole discretion in considering membership applications for facilities under construction?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
ant shall not be entitled to Membership until the Board has received proof, satisfactory to it, that all such conditions or contingencies have been timely satisfied. Such final approval, if granted, shall be effective from the date of close of sale or transfer. The Board may direct that customary membership services to the Property remain uninterrupted during any contingency period, upon the applicant's
agreement to timely comply with the stated conditions and pay the established fees, dues and assessments for said period and the cost of all goods or services provided by or ordered through Best Western whether or not the application is ultimately approved. However, in no event shall this continuation of customary membership services be construed as granting Membership status to the Applicant.
D. The Board may act upon other Membership Applications by approving such applications subject to one or more contingencies or conditions imposed by the Board in its sole discretion. If such contingent approval is given, the Applicant shall not be entitled to Membership until the Board has received proof, satisfactory to it, that all such conditions or contingencies have been timely satisfied. Such final approval, if granted, shall be effective from the date the final approval is granted. The Board may direct that customary membership services to the Property may commence during any contingency period, upon the Applicant's agreement to timely comply with the stated conditions and pay the established fees, dues and assessments for said period and the cost of all goods or services provided by or ordered through Best Western whether or not the application is ultimately approved. However, in no event shall this commencement of customary membership services be construed as granting Membership status to the Applicant.
500.7 A.
Source: Item 23 — Receipts (FDD pages 108–413)
What This Means (2025 FDD)
According to the 2025 Best Western FDD, the Best Western Board of Directors has the authority to impose conditions on membership applications at its sole discretion. This applies to applications for lodging facilities proposed for construction. The Board can approve applications subject to specific contingencies or conditions, and the applicant isn't entitled to membership until the Board receives satisfactory proof that all conditions have been met.
Customary membership services may commence during the contingency period if the applicant agrees to comply with the conditions and pay the required fees, dues, and assessments. However, this doesn't guarantee membership approval. The Board's discretion extends to determining what condominium properties may be considered for membership and setting the criteria and standards for these properties.
Furthermore, the Board has the right to resolve conflicts or ambiguities and select appropriate data if there are any issues with the application of the provisions. This broad discretionary power allows the Board to manage membership qualifications and ensure that new members meet the standards and requirements of Best Western.