Down the shore many of the beach front condos have update notices posted explaining the stricter dates, some needing guest certificates and others that won’t even accept guest certificates. An owner who rented in the high demand time can say it feels unfair that owners using the condo for personal use during the high demand time and renting out low demand times were not impacted the same as they were.
The changes were made to protect the association/membership from negative impacts brought from the pattern of rentals, so it makes sense the approach includes the problem area.
Not exactly the same, similar to the rooms at BWV. If people are owning Boardwalk just to rent out standard all the time? No. As an owner I’d happily give up my ability to rent Standard View* —if— it meant that somehow DVC enforced commercial use prohibited so that at least those rooms get filled with a higher ratio of owners and their friends/family than they do today. Because as a BWV owner what I really wouldn’t like to know is somebody buying a different resort to use for themselves and the BWV just to rent to pay for the trips at that other resort.
*I realize that wouldn’t actually happen, that there’s no way for them to say one rental crosses a line, but I really would give it up. As long as there were still avenues left for me to rent out excess points on occasion should the need occur that helped offset the cost of our unused points, that is plenty. I could totally live with renting out Pool/Garden. But then again I’m not looking at it from trying to maximize the money possible from renting.
I don’t remember any clarifiers on the original contracts. It’s pretty vague. Does that leave DVC with nothing they can legally use? They don’t mention numbers of rentals or percentages either.
I think I figured a away to explain my understanding…and I realize it could by wrong against what DVC thinks…
The pre RIV resorts usse only the words a “pattern of rental activity that can reasonably conclude one is using their membership as a commercial enterprise.
That is as a business. Since that is the requirement and the only specific way they mentioned was a pattern of rental activity, then those two things must be there when accusing an owner of violating the contract.
Given the right to rent is material to our ownership since it’s a condominium, DVD can’t change the contract unilaterally if it’s a material change to the declaration.
IMO, to rise to the level of being a commercial enterprise there has to be a level of renting happening that one can reasonably conclude makes you one…whether it is number of reservations, number of points, or combination of both, I do believe that how many points are getting rented each year must be high in relation to what you own to reasonable conclude it’s a business…again, I’m addressing pre RIV resorts
And the 2008 interpretation by DVC for owners lends support to that line of my thinking because they identified that if an owner was reaching 20 reservations a year, it was likely they were a business, unless one could prove you were not.
I do think DVC is prohibited from determining whether you have violated the terms because you are renting certain rooms if you don’t also reach that quantitative level that draws a reasonable conclusion you are a business, which I content has to be high in relation to what you own.
For RIV and beyond, because they specifically state they can use other things to determine it’s a business, then for those owners IMO they can legally lower that threshold.
With the pre RIV resorts, where the discretion comes into plays is in not setting a hard and fast rule like the “20” because that can easily be gotten around by someone who is attempting to be a business.
For example, you have 2000 points and you never rent reservations for less than 150 points,,,you’ll never hit that 20 but if you are using most of those points yearly for rentals. it’d say DVC. has a case.
Let’s say that you are one of those owners who has the 4000 points and decide to rent 1000 every year to offset the dues…if you do a lot of one or two night rentals, you might end up with a lot more than 20 reservations but I don’t think it’s reasonable for DVC to conclude you are running a business when that amounts to renting only 25% if your ownership each year.
So, that’s where I think they get to use discretion..,apply different values to each membership based on the actual situation vs a hard and fast,,it’s 20 reservations or it’s not.
But, no matter what they do, for the pre RIV resorts, I do not believe they can lower the standard for determine you are a commercial enterprise because you rent rooms that are high demand, even if every one is a high demand one and every date of the rental falls within a high demand time.
Take a RIV owner,, and it’s different… if they see you setting up say a FB page to advertise a lot of your points they can use that along with how many points got rented.
The threshold for how many points isn’t as critical any longer because the contract defined setting up a website as a qualifier..and they could conclude a FB page fits.
IMO, I believe this was done so they can go after situations like this that they know would get them in legal trouble for the pre RIV resorts.
ETA: to speculate, even further. think that the reasons they have added resources to Yvonne’s team is so that they can reevaluate what quantitative values they can choose to apply to memberships as well as use those resources to ramp up review of memberships and enforcement.
It’s also why I don’t think those owners who have less than 2000 points even have to worry, especially if you own at a pre RIV resort.
But, I admit that if they really want to, they could go after small point owners as well.