This seems to be a BCV issue only since BWV kept the jacuzzi tubs that were there before.
The documents the buyers received at time of sale from Disney included the sales contract, product understanding acknowledgement document, the component site public offering document (containing declarations, by-laws, association's powers and duties, member agreements and others) and multi-site public offering document (prinicipally related to the reservation system for use of the multiple resorts).
The documents actually say little about the tub and furnishings in the vacation homes. One provision states that "DVD" (the developer and seller) reserves the right to make substantial design changes to units owned solely by it, implying that it cannot make such changes to units owned by members, but that provision is likely irrelevant because DVD is not the entity that makes repairs or refurbishments of the rooms after they have been sold. The applicable entity is the Association for each resort, which by designation also means the managing agent, Disney Vacation Club Management Company (DVCMC). The association has the duty to operate and maintain the resorts, including collecting dues for that purpose. The documents do not specifically say anything about allowing or prohibiting particular changes during a refurbishment. There are related provisions as to the association's obligations when units or vacation homes in the resort have been damaged and need to be repaired or replaced as a result. In that situation, the rules provide:
"Any reconstruction, replacement, or repairs, must be substantially in accordance with the plans and specifications for the damaged property as originally constituted, or in lieu thereof, according to the plans and specifications approved by the Board of Directors and DVD in accordance with the provisions of the Master Declarations." Declarations §11.2.
That would indicate that the redo would have to remain true to the original designs but that the Board of the association could approve differences via new plans that could have some design changes. In any event, the original plans and specifications for the the resort are included as an exhibit to the declarations and those show the basic design of the 1BR's, including showing an oval shaped tub in the 1BRs, but they do not say it has to be a jacuzzi tub. Other provisions provide that a 1BR has to have one bedroom, a living room, a bathroom, and a full kitchen that includes a stove, refrigerator, microwave, and dishwasher, but no mention of a jacuzzi tub. In fact, the word jacuzzi does not even appear anywhere in the documents.
The above does not completely rule out a possible case. The association is a fiduciary of the members and as such a member can assert that the association cannot make changes that would substantially change the rooms from their basic design as 1BRs, or make changes that are detrimental to the members as a whole such as changes that cause a real decrease in value of the rooms. There is serious question, however, as to whether the conversion to the soaking tub is really something that does that. There is also the potential detrimental reliance claim that purchasers from Disney could make by asserting they relied on the exisitng design of the rooms provided in promotional materials or walk throughs at time of sale, which included that the rooms had and would continure to have a jacuzzi tub. That kind of case would likely depend on the what each different purchaser believed and relied upon, and then also the basic question of whether having the jacuzzi tub was a material factor in deciding to purchase. Likely, that would be a difficult case for the owners.
Bill
. We all have something they've changed recently that we're not happy with.)
