Commerical Use Policy Update - New Thread!

[Brianstl]

You've made references to where renting covers more than dues being considered commercial too. Why would that be the case if it's not part of the current policy?

Because anything that generates what could be considered a profit fits the legal definition of commercial activity.

 

[lowlight]

Someone got belligerently drunk, who was a DVC owner at beach club. Basically there was a question whether he could be exited from his own resort. About six months later the Florida assembly passed a law that we can be exited from our own resorts for breaking the rules of the hotel.

Oh wow. I'm surprised he wasn't given 3 hots and a cot and banned from Disney World altogether. You can't put your hands on anyone else over seating arrangements...

 

[Sandisw]

You've made references to where renting covers more than dues being considered commercial too. Why would that be the case if it's not part of the current policy?

Something like that wouldn’t be in conflict with the 20 reservations rule if DVC decides to use that in conjunction with it.

Basically, they have said that renting to the degree that is appears to offset dues would not be a violation.

So, if they review an account in which someone has hit the 20, they can then use that to determine if the ones below 20 appear commercial.

But, to be fair, the info I was given about this being the offical policy and all that was in play came after I was given that by MS…so, I posted that I am not sure exactly how that would come in to play.

I know how I reconcile them but no idea if that is how DVC would.

 

[lowlight]

Did anyone else just notice a ton of availability pop up for several months under 7 months? Might be nothing, but I was looking to add on to a rental and there has been nothing available for months until an hour ago, when a bunch popped up at many different resorts.

 

[HyperspaceMountainPilot]

Did anyone else just notice a ton of availability pop up for several months under 7 months? Might be nothing, but I was looking to add on to a rental and there has been nothing available for months until an hour ago, when a bunch popped up at many different resorts.

Ugh, can’t even get into the site right now. It says service unavailable.

 

[Brianstl]

Did anyone else just notice a ton of availability pop up for several months under 7 months? Might be nothing, but I was looking to add on to a rental and there has been nothing available for months until an hour ago, when a bunch popped up at many different resorts.

Was any of the availability in the hardest to book rooms?

 

[lowlight]

Was any of the availability in the hardest to book rooms?

I don’t want to be specific and run afoul of Sandi, some was and some wasn’t. There were some very hard to get dates and rooms and a lot of easier to get rooms at hard to get times.

 

[VGCgroupie]

I don’t want to be specific and run afoul of Sandi, some was and some wasn’t. There were some very hard to get dates and rooms and a lot of easier to get rooms at hard to get times.

More than one resort? I seen one resort

 

[achinforsomebacon]

Because anything that generates what could be considered a profit fits the legal definition of commercial activity.

Can you point me to where this is outlined in the POS or HRR?

From what I've read, it doesn't matter if it's legally a commercial activity. It matters if it fits the definition of a "commercial enterprise, practice, or purpose" as outlined in the POS. And they could amend the defintion to include something regarding renting for more than dues but I don't think that will ever happen.

If something happens and you have to rent all of your points in year, you'll more than cover dues and make a profit but it shouldn't automatically be considered commercial use.

 

[Sandisw]

I don’t want to be specific and run afoul of Sandi, some was and some wasn’t. There were some very hard to get dates and rooms and a lot of easier to get rooms at hard to get times.

Just to clarify…I don’t make any rules. I simply enforce the ones the owners of this site have made.

But I appreciate you not posting real time availability

 

[Sandisw]

When was the Florida law prohibiting to restrict rights to rent without members vote passed?
Can changing how commercial renting is defined go against that law?

2021…FL718.111 is the official statute.

From info I have gotten, it depends on what they try to change in relation to what constitutes a commercial enterprise, practice or purchase for commercial.

Something like renting for more than dues over a period of time may be an example of a change that wouldn’t need a vote because it applies a level of profit to the definition which could fit with a pattern of rental activity that reasonably could be see as a commercial enterprise. Etc.

However, trying to limit rentals to family and friends could well be something that is further limiting our right to rent since it might be hard for DVC to support legally that the relationship to the renter can change an owner’s use to now being commercial.

I may or may not have already sent this specific question to DVC management.

Speculation - I would not be surprised if that law hasn’t played some role in why the 2011 policy was not updated, nor why the language used in the updated T and C simply said “frequent or regular renting of reservations” falls outside personal use.

Not saying it can’t still happen…

 

[zavandor]

2021…FL718.111 is the official statute.

From info I have gotten, it depends on what they try to change in relation to what constitutes a commercial enterprise, practice or purchase for commercial.

Something like renting for more than dues over a period of time may be an example of a change that wouldn’t need a vote because it applies a level of profit to the definition which could fit with a pattern of rental activity that reasonably could be see as a commercial enterprise. Etc.

However, trying to limit rentals to family and friends could well be something that is further limiting our right to rent since it might be hard for DVC to support legally that the relationship to the renter can change an owner’s use to now being commercial.

I may or may not have already sent this specific question to DVC management.

Speculation - I would not be surprised if that law hasn’t played some role in why the 2011 policy was not updated, nor why the language used in the updated T and C simply said “frequent or regular renting of reservations” falls outside personal use.

Not saying it can’t still happen…

To further elaborate: if I am not mistaken, RIV POS say that using a broker or other Internet site to rent point is forbidden. Could they ban it for older resorts saying it falls into commercial activity? I'd say it restricts rights to rent a bit too much to be considered just a change of the definition of commercial renting.