Commerical Use Policy Update - New Thread!

[Mouseforward]

It would be easy to argue they are not acting in the best interest of the community by not enforcing the their own rules that buyer had the expectation would be enforced at the time of purchase and it has created a situation that is detrimental to the class.

Again, find something that says you’re guaranteed a low-cost studio. It’s first come first serve. You have no way to say that there are not providing you with what’s in the contract.

 

[Sandisw]

I don’t think that law restricted other timeshare companies from going after previous owners who rent the in what they determine to be in a commercial fashion in the last few years.

My understanding is that any amendment that is seen as further limiting owners right to rent has to be voted on and then those that don’t vote yes, are exempt.

From that point on, all new owners would be covered. In the case of DVC, I think it will come down to whether they decide they want to say certain actions are now out of bounds and whether those would fall under this.

Until they actually add more definitions to what counts…whether in actual updated documents or through enforcement, owners are still allowed to do all the same things.

 

[xdan0920]

I agree with you. At first I thought they were gearing up for something, but now I don’t think they will enforce a thing. It just doesn’t have anything to do with them not being legally able to. Maybe they realize with Riviera and PIT not sold out, a huge stinker at CFW, and another huge stinker at LSL coming up, they would rather those contracts sell to commercial renters than not at all. It’s a bit like a Ponzi scheme where there has to be constant investment or the product dies, so development can never really stop, except they are running out of desirable locations to plop these things down. Or maybe they are big dummies, that’s also a distinct possibility.

This is where I’ve landed as well. They aren’t acting bc they don’t feel it’s in DVDs best interest to act. Sure it would be in the best interest of the rank and file DVC member, but who cares?

 

[Sandisw]

Again, find something that says you’re guaranteed a low-cost studio. It’s first come first serve. You have no way to say that there are not providing you with what’s in the contract.

To add, when it comes to this topic, DVC has an official policy of what constitutes commercial and that has been in place since 2008, so any owner who has bought since then bought with that policy in place.

We also know how DVC interpreted the policy and enforced the policy in the past.

While there are specific actions people would like to see DVC include in their definitions of what a pattern looks like, so far, it doesn’t seem like DVC is in any rush to add additional metrics for commercial.

And maybe that is the point? They have something to back up their position if owners were to claim they aren’t meeting their obligations?.

I agree that there is plenty of contract language on DVCs side to support that no specific rooms type was ever guaranteed.

 

[muppets3d]

Again, find something that says you’re guaranteed a low-cost studio. It’s first come first serve. You have no way to say that there are not providing you with what’s in the contract.

If it were truly first come first serve, then okay. But it's not. Mega point owners have these rooms locked up in walks almost year-round. I know walking is a separate (but related, at least in my view) issue.

We all bought DVC (or any points-based timeshare) knowing that unless we buy a dedicated week, we're not guaranteed any particular accommodation. But something tells me the DVC guides aren't telling prospective owners about how basically all studios are gone resort-wide at 8AM 11 months before December 1 for example. I even tried to get an AKV studio (Not even a value or club studio - just a resort view studio) - they were gone. It was a bloodbath this year.

 

[mkatsy]

If it were truly first come first serve, then okay. But it's not. Mega point owners have these rooms locked up in walks almost year-round. I know walking is a separate (but related, at least in my view) issue.

Newly released dates are not available to everyone. DVC created this when they began allowing confirmed reservations to extend outside the booking window. Additionally, their failing to enforce the point cap exacerbates the issue by allowing wealthy members to buy privilege.

 

[Brianstl]

Again, find something that says you’re guaranteed a low-cost studio. It’s first come first serve. You have no way to say that there are not providing you with what’s in the contract.

You can keep on screaming this all you want, but you are missing the most important thing in the founding documents. All members are guaranteed that ownership use is reserved for personal use. Now I will direct the jury to dozens of websites that clearly indicate that the board has failed their fiduciary duty to enforce this on the buyers behalf.

 

[Mouseforward]

You can keep on screaming this all you want, but you are missing the most important thing in the founding documents. All members are guaranteed that ownership use is reserved for personal use. Now I will direct the jury to dozens of websites that clearly indicate that the board has failed their fiduciary duty to enforce this on the buyers behalf.

And I will direct you to the parts of the contract that allow renting and say prove it. Prove they are commercial based on an ad. You lose.

 

[Brianstl]

And I will direct you to the parts of the contract that allow renting and say prove it.

Renting is of course allowed. Renting for a commercial purpose has not been allowed ever and has always been excluded from personal use going back to the very first founding document at OKW. Which is the most important document in any case like this.