drusba
I went to Iowa once, and it was closed.
- Joined
- Aug 19, 1999
- Messages
- 14,846
I just got off the phone with DVC, and they refuse to tell me any information. They say I can determine it on my own. Not very ethical on their part.
Looking at POS info posted above, it seems they are capable of raising the studio and 1BR rates ad infinitum, subject to the yearly cap, as long as 1 use day remains at 22 points for the studio and 1 use day remains at 45 points for a 1BR. This allows them to require many more points for reservations after a resort sells out giving them the ability to have more rentals. Not good.
As to getting information, I believe you are entitled to learn how the point charts were reallocated for a resort you own and review any hard documents or electronic files relating to that reallocation, but you may need to go a different route than calling MS whose personnel likely do not know what was actually done. The likely route to try is to send a formal letter to the new head of the Disney Vacation Club,Terri Schultz, 1390 Celebration Blvd, Celebration, FL 34747.
The particular DVC entity that is responsible for doing reallocations is the Disney Vacation Club Management Corp. (DVCMC), which manages all the resorts and is in charge of the reservation systems to the extent they relate to home resort reservations. The association appointed DVCMC to be the management company and have all the powers the association has and all the same fiduciary obligations to the members.
Under Fla Stat. 721.13(d)1, any such management company is charged with:
"Maintenance of all books and records concerning the timeshare plan so that all such books and records are reasonably available for inspection by any purchaser or the authorized agent of such purchaser. For purposes of this subparagraph, the books and records of the timeshare plan shall be considered “reasonably available” if copies of the requested portions are delivered to the purchaser or the purchaser’s agent within 7 days after the date the managing entity receives a written request for the records signed by the purchaser. The managing entity may charge the purchaser a reasonable fee for copying the requested information not to exceed 25 cents per page. However, any purchaser or agent of such purchaser shall be permitted to personally inspect and examine the books and records wherever located at any reasonable time, under reasonable conditions, and under the supervision of the custodian of those records."
Other provisions are also applicable. Under Fla Stat. 718.110(12), the applicable association is required to maintain records of the association, a long list is provided, and then there is a catch-all, 718.110(12)(a)15, requiring maintenance of "All other written records of the association not specifically included in the foregoing which are related to the operation of the association." That same statute provides in Fla Stat. 718.110(12)(c)1:
“The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the member or authorized representative of such member.”
Under section 5 of the Property Management Agreement attached to the Declarations of your resort, the association assigns its obligations under the above statute, including that to produce records to members, to DVCMC.
The claim that was made that the information is proprietary seems facetious, both because it sounds ridiculous to assert DVCMC can do a reallocation as long as total points do not increase but can conceal how that is done from the members affected. Moreover, to claim you can do the same calculations yourself is an admission that the information is not proprietary.
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