Below would appear to be the most relevant text from the VGF Public Offering Statement regarding establishment of
point charts and modification rights. Other resort POS's may vary slightly--this just happens to be the most recent I had available. I highlighted a few sections in bold.
My take:
- The idea that the point charts are based upon 2B villas is defined
- The existence of this "lockoff premium" is defined
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DVC's right to increase the "lockoff Premium" is defined
- Each resort has a unique stated rate at which members must be able to book at least 1 night in each villa size; for VGF Studio, the rate stated is 22 points
It kinda sucks...but it's very likely that all of this is legal. The POS language would have passed through many approval stages including the Florida Timeshare Bureau and numerous state licensing agencies. The existence of a lockoff premium should not be in question given that there is more administrative overhead involved in renting a single room to two parties rather than just 1.
I'm going to assume the that some reasonableness standards apply to the lockoff premium. In other words, I wouldn't anticipate DVC being able to charge 30 pts for a Studio + 45 pts for a One Bedroom, yet only 50 pts for the full Lockoff Two Bedroom.
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3.3 Home Resort Vacation Point Reservation Values. A certain number of Home Resort Vacation Points have been or will be established by DVCMC in its sole, absolute and unfettered discretion for the use of each Vacation Home in the Condominium during each Use Day, with variations that will take into account, among other factors, anticipated seasonal and geographical demand factors and the related actual use demand of Club Members experienced in the operation of the Club. The number of Home Resort Vacation Points that a Club Member has with respect to an Ownership Interest will remain fixed and will always be symbolic of the Club Member's Ownership Interest. The Home Resort Vacation Point values established by DVCMC that are symbolic of all Ownership Interests will be based upon the 365 Use Day calendar year containing the minimum number of Fridays and Saturdays distributed through high demand periods (the "Base Year"). During the Base Year the total number of Home Resort Vacation Points required to reserve all Vacation Homes during all Use Days in the Condominium must always equal, and be symbolic of, the total number of Ownership Interests owned by Club Members in the Condominium; provided, however, that for reservation purposes, DVCMC may assign a premium to the separate use and occupancy of One-Bedroom and Studio Vacation Homes that are part of Two-Bedroom Vacation Homes that are lock-off Vacation Homes such that the total number of Home Resort Vacation Points necessary to separately reserve and occupy both the One-Bedroom and Studio Vacation Homes are more than the number of Home Resort Vacation Points necessary to reserve and occupy a Two-Bedroom Vacation Home (the "Lock-off Premium"). Any excess availability that may exist from time to time shall be subject to the Breakage Period priorities set forth in the Home Resort Rules and Regulations.
In order to meet the Club Members' needs and expectations as evidenced by fluctuations in Use Day demand at the Condominium experienced by DVCMC during a given calendar year, DVCMC may, in its sole, absolute and unfettered discretion, increase or decrease the Home Resort Vacation Point requirements for reservation of a given Use Day within a given Vacation Home (including an increase or decrease in the Lock-off Premium) during the given calendar year by any amount not to exceed twenty percent (20%) of the Home Resort Vacation Points required to reserve that Use Day during the previous calendar year; provided, however, that the total number of Home Resort Vacation Points existing within a given Unit (i.e., the amount of Home Resort Vacation Points representing 100% of the Ownership Interests in a given Unit) at any time may not be increased or decreased because of any such reallocation. The twenty percent (20%) reallocation limitation shall not apply to increases or decreases in Home Resort Vacation Point reservation requirements relating to changes in the Lock-off Premium or special periods of high demand based upon Club Member use patterns and changes in Club Member use demand (including, without limitation, use demand during special or holiday seasons), as determined by DVCMC in its sole, absolute and unfettered discretion.
Any increase or decrease in the Home Resort Vacation Point reservation requirement for a given Use Day pursuant to DVCMC's right to make this Home Resort Vacation Point adjustment (other than changes in the Lock-off Premium) must be offset by a corresponding decrease or increase for another Use Day or Days. Except as otherwise provided above, adjustments in excess of twenty percent (20%) in any calendar year will require approval of not less than sixty percent (60%) of all then-existing Club Members at the Condominium. The right to reallocate Home Resort Vacation Points is reserved by DVCMC solely for adjusting the Home Resort Reservation Component to accommodate Club Member demand. However, with respect to the Condominium, each Club Member will always be eligible to reserve at the Condominium, subject to availability: at least one (1) Use Day in a Studio Vacation Home for every 22 Home Resort Vacation Points; at least one (1) Use Day in a One-Bedroom Vacation Home for every 45 Home Resort Vacation Points; at least one (1) Use Day in a Two-Bedroom Vacation Home for every 61 Home Resort Vacation Points; or at least one (1) Use Day in a Grand Villa Vacation Home for every 147 Home Resort Vacation Points. A maximum reallocation of Vacation Point reservation requirements could result in a "leveling" of all seasons, such that Home Resort Vacation Point reservation requirements would have no variation based upon seasonality or different times of the year. Similarly, a maximum reallocation of Home Resort Vacation Point reservation requirements could result in a "leveling" of differences in Vacation Point reservation requirements based upon particular Use Days in the week.