drusba
I went to Iowa once, and it was closed.
- Joined
- Aug 19, 1999
- Messages
- 14,845
That may be true but I don’t read them that way so I want to investigate how both can be true at the same time.
One paragraph does say increase and decrease in a unit. The other just says increase or decrease in Use Day. It may be implied that it’s unit in the 2nd paragraph I am posting here, but it definitely is not clear because that word unit is omitted the second time.
Hence, why I want these specific paragraphs explained to me by someone other than DVC but from FL timeshare people as to what it means and what rights each one gives DVC. We know DVC believes unit points can be shifted, and before I contact them about this specific issue I want to back it up with some info that I can point to specifically of how paragraph 2 I am posting doesn’t override paragraph 1 I am posting because I can see DVCM trying to make that as the reason they could do what they did.
View attachment 629974
View attachment 629975
You should likely read my post at https://www.disboards.com/threads/f...the-point-charts.3811362/page-2#post-62278348. That maximum reallocation provision is one that actually supports the position that DVCM cannot move points from one room size category to another. Everyone is guaranteed to be able to reserve a treehouse for a night at 42 points even if there is a maximum reallocation of points which sets the points needed for every day of the 365-day year at the same amount.
Based on the info provided by Lorana, there are 60 treehouses with approximately 905,205 total Home Resort points assigned to all ownership interests. That would mean each treehouse has about 15,088 Home Resort points, or 30,176 for the the two treehouse unit. Do a maximum reallocation with that 15,088 per treehouse and you get, for a 365-day year, a nightly cost of between 41 and 42 vacation points. That is where that "42" guarantee in the Management Agreement comes from. As Lorana sets out, as a result of the DVCM increase in 2013, the total Home Resort points applicable to a treehouse are now 16,932. If you do a maximum reallocation with that many points, you would get a daily amount between 46 and 47 points and thus 47 would need to be the guaranteed amount for a day. Therefore, the Management Agreement is wrong (a lie) if the treehouse reallocation was actually permitted.
Also, the SSR's Exhibit A to the Master Cotenancy Agreement (which are other exhibits to the Declarations), sets out how total ownership interests for each vacation home, each unit, and the entire resort are initially determined, and then how total Home Resort points applicable to each vacation home for a base-year are derived from those calculations. Of particular interest is the last sentence of that Exhibit A, which declares that the total Home Resort points determined by the calculations can never exceed the total ownership interests applicable to the units.
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