Once a DVC member pays their hard-earned money, they become current members, instantaneously; just as much as you or me.
I was simply using the term "current members" to refer to those booking on their deeded points as opposed to Developer's Points.
The fact that they are given incentive points because their home resort isn't ready for occupancy yet is not their fault. It's DVD's decision.
The purchase would be made by mutual agreement. DVD is not hiding the fact that the units are not ready for occupancy. If the buyer chooses to purchase under those terms, that is his/her prerogative.
They deserve those points and they deserve them in the current use year. Would it upset you if they took your points away this year? You paid for'em!
In order for something to be taken away, it must exist in the first place. Kidani Village does not exist until May 1, 2009, therefore nothing was taken away.
Additionally, the Developer's Points incentives are not mandated by the fact that some units are not immediately ready for occupancy. There were periods where DVC was selling Jambo units that were readily available to owners and still offered Developer's Points as an added incentive. The same was true of Saratoga Springs.
Offering the DPs may be a way of softening the blow since DVC is selling many products which cannot be immediately used. But they are free to set the usage terms for those incentive points however they wish.
Prior to this recent wave of Developer's Points incentives buyers would regularly purchase ownership in units that were not ready for occupancy. In those cases the member would simply be unable to use their points until their unit was added to the Condo Association. It is pretty straightforward.
I could easily substantiate an argument that incentive points should be able to be used anywhere in the system. DVD's making life easy on themselves by keeping the choices for their use very limited. My bet would be if someone really wanted to press the issue (read: $$ and lawyers), they could use them anywhere they wanted to (as they should be able to IMHO). To be honest with you, it ticks me off that they are limited in any way. I just don't have the inclination to fight it (which is what DVD counts on).
Doubt it. Your deed lists exactly what you are buying--deeded ownership in a specific facility which runs from X to Y. The Developer's Points are not listed on your deed. You do not own them. The fact that the Estimated Occupancy Date of the deeded unit is a future date is neither here nor there. It's certainly not unheard of for individuals to buy property--real or otherwise--that they cannot use / take possession of until a future date.
Developer's Points are a sales incentive, pure and simple. DVD is not bound by any Disney Vacation Club terms and conditions in administering the use of those points.