Could the DVC do this?

[KNWVIKING]

... I believe when they say smoking/non smoking is a request, not a guarantee, they are speaking about the availibility of your specific request, ie,100 smoking units availible,but all are booked, not- well today your allowed to smoke, but in the future we may ban it.

As for damages: I could see DVC having to refund a purchase. Maybe find and purchase an acceptible replacement timeshare,something along those lines.

 

[Dean]

Originally posted by KNWVIKING
If a "smoker" purchased DVC knowing he/she was going to be able to smoke in a designated room,then I don't see how DVC can take that away from him. What if DVC decided to ban alcohol in the rooms.Or no R or X rated videos allow to be played. I understand DVD can make changes to the physical property, but we're talking about human rights,not sofas or pools. Personally, I don't care one way or the other. I'm a non-smoker but cig smoke doesn't bother me in the least. I just think there would be some legal issues if a smoker want to go to court.

As I've said on many occasions, if it's not in the written policies, POS and the like; one has no arguement. What some person assumed or was promised by a guide means nothing. What the mix was at the time of purchase also has no meaning legally. No way DVC would have any liability or legal obligation to a smoker if they made this change, as they would not to a non smoker if they went the other direction. FL is receiving a big push toward all buildings being smoke free, it's already law for Public buildings in general. Restaraunts of sufficient size can only allow smoking in marked areas, if it's not marked, it's technically non smoking. I think that within 2-3 years we'll see smoking banned in all restaraunts except Bars. I doubt we'll see smoking banned in hotels totally and therefore doubt we'll see much from DVC in this area. What may happen over time is the decrease of smoking rooms and buildings making for less availability. I think we will also see stronger laws aimed at those violating the laws and rules. For example, I think we'll see more laws aimed at those who smoke in non smoking areas.

I don't think it would be right for DVC to make all rooms non smoking unless the FL laws require it. If they did, the member would have to decide whether to sell at their own expense.

 

[Mary Ellen]

Being non-smokers, we asked our guide about BWV (our 'home') becoming totally non-smoking. We were told that unless a resort is sold as non-smoking from the beginning, they can NOT change mid-stream. Now, we all know to trust everything a guide says , but this does make sense. She did also say that they were looking into one of the future DVC resorts being non-smoking. VWL and BCV have been built since then so we're not holding our breath.

 

[AEN]

Sometimes the problems with going to non-smoking is that the designated smoking areas are near the major causeways and then walking near that area is treacherous and you smell like you are a smoker.

It is a tough decision.

 

[DeeP]

Making all the units non smoking would be a waste of time because as others have said people will just smoke in the non smoking rooms. I just returned from WDW and was speaking to a guest who had booked a smoking unit and was given a non smoking unit---Disney solved this problem--- they had housekeeping bring them ashtrays to use in their nonsmoking unit! I did notice for the first time, on several occasions during my 2 week stay CMs in the parks going up to guests that were smoking in areas not designated as smoking areas and telling them to move, of course they were not told to put out their cigarettes as they were walking to the designated smoking area! But again as others have said WDW gets too many guests who are smokers especially the very large number of foreign guests to ever make all their resorts whether they be DVC or not totally non smoking resorts.

 

[manning]

DVC is a time share. Time shares have boards and they vote on what can and cannot be done. Disney controls the boards. I say yes.