Because DVD, in the original press release to announce it would build Poly 2, stated it would be part of the Polynesian resort, and then repeated that statement at the Dec 2023 annual meeting, many still feel DVC Poly 2 will be made part of the original DVC Poly 1 resort. As I have noted before that is not necessarily true because saying it will be part of the Poly resort could mean only that it will be in the same resort where there is a DVC Poly 1 and a lot of Disney hotel rooms.
Points previously viewed as leaning against adding Poly 2 it to Poly 1 include DVD's likely desire to continue to make future resorts subject to the Riviera resale restrictions, make Poly 2 a full 50-year resort, and have higher per night point requirements than Poly 1 ( and thus have more points to sell to offset costs of building Poly 2.
Having read through the CFW filings, there are now new things of importance that indicate DVD will want to make Poly 2 a separate resort subject to its new trust plan:
A. The "DVC Resort" Use Plan
What is being put into the trust via the current POS documents filed with Orange County Comptroller is an initial set of cabins (appears to be 30) that will be in the Cabins of Fort Wilderness Use Plan. It is noteworthy that "Cabins of Fort Wilderness," is not the named "DVC Resort" being added. Instead the CFW Use Plan itself is identified as the DVC Resort, See, e.g., DVC Resort Agreement. Purchasers of trust beneficiary interests in that plan will be like existing DVC members who reserve at their home resort at 11-months out and others at 7-months out.
DVD can later add more cabins to that plan that will be subject to the same 11/7 limitation of that plan. In addition, as provided in the CFW POS documents, it can create new trust plans that can include CFW cabins, units from other resorts, or entire other resorts owned by the existing trustee, First National. And any such trust plan can be a separate DVC Resort from the current CFW Use Plan and capable of having purchasers who will be able to reserve at 11-months out at any of the resorts put into the new trust plan, and 7-months out at other resorts. To put any cabins into that new plan will require amending the existing CFW documents, but DVD has reserved the exclusive right to make any such amendments. With use of trust plans, DVD could do the same with Poly 2 -- put some units into the plan initially that would have the same 11/7 reservation rights of existing DVC resorts, and then later make additional trust plans/DVC Resorts that include Poly 2, CFW, and potentially other resort units for which the purchasing member would have the 11-month reservation right at all such resorts, and still 7 at others. If it adopts a trust plan for Poly 2, I do not see any way it can make Poly 2 part of the Poly 1 DVC Resort
B. There are Other New Changes That DVD Likely Wants Poly 2 to Have
The change to the trust system is not the only change the CFW POS makes to previous rules applicable to Poly 1 and other existing resorts, and there are at least three other major changes that DVD could not do if Poly 2 is just made part of Poly 1:
1. Fixed Week Interests.
Fixed week ownership interests will exist with the new CFW trust plan and Poly 1 also has them. However, from terms mentioned in the CFW Membership Agreement, it appears there are going to be fixed week owners who will be able to purchase plans that provide for having their week during a "special event," such as a holiday, or possibly even a race event, every year despite annual date changes for the event. e.g., owners could get fixed weeks that would allow them to move their fixed week annually to cover the same event every year such as Thanksgiving, Easter, or even marathon weekend. That allowance for varying the fixed weeks does not exist in Poly 1 or other existing resorts.
2. DVCM's Power to Reallocate Points
Under the rules in the membership agreements of prior resorts, if changes in reservation patterns occur during a year in relation to "use day" demand of a vacation home, DVC could make nightly points lower or higher for given use days in a given vacation home during a future calendar year by an amount not to exceed a 20% change for any given use day. Any increase (or decrease) made had to be offset by another decrease (or increase) for other use days. The clause appeared to require that increases made in one kind of room, such as studios, could be offsetted by decreases in "other days" for the same type of room. That interpretation was supported by other documents provided at time of sale which declared DVD's interpretation of the clause to mean only seasonal point changes could be made in relation to the same of type rooms, and the power could not be used to fix demand changes that occurred between differ sizes of rooms, e.g., raising points year round for studios while lowering them for 2BRs and Grand Villas.
Raising points year round for studios and lowering them for 2BRs and GVs was exactly what DVC attempted to do when it issued the 2020 WDW charts in December 2018. The response by members was vociferous, asserting such a change was not allowed. Before that 2020
point chart went into effect, DVC withdrew it and essentially adopted the 2019 chart to be the 2020 chart.
The CFW membership agreement changes the rules. It says DVCM's reallocation of points can be made across all vacation home types, and point changes made for a vacation home can be offset by changes to other vacation homes. In essence, what DVC could not do in 2020, it can do now when it changes
point charts for a new trust plan resort. Having that power as to the cabins seems somewhat pointless since they will likely have the same point requirements, but undoubtedly DVD wants that change to apply to future resorts.
3. New Rental Restrictions
CFW members, like prior resort owners, will have the right to rent their interests. Under Poly 1 and other prior DVC resorts the only restriction to such rentals was that it was improper for a member to rent for a "commercial purpose," defined as a pattern of rental activity from which the Association, in its reasonable judgment could conclude constitutes a commercial enterprise or practice. Commercial enterprise is actually a legal term found in many statutes and refers to a person or company engaging in the business of doing something. Long ago, consistent with that concept, DVC established a rule declaring that members who did more than 20 reservations in a 12-month period could be presumed to be violating the commercial purpose rule but when challenged could prove otherwise.
The CFW membership agreement creates a much more rental adverse rule. It provides that DVCM will be the party that has the sole power and discretion to determine if a member is using rooms for a commercial purpose, i.e., members found guilty will not even be able to challenge the ruling. Moreover, DVCM can find a commercial purpose violation if the there is any pattern of the member: (a) making reservations for persons other than family; (b) engages in repeated advertising or solicitation for rentals (e.g,. such as on the DIS boards); (c) frequently uses
DVC rental sites; (c) frequently rents already existing reservations; (d) joining with other members, via partnerships, creations of corporations, or otherwise so combined they can own more than the total limit of points allowed a member.