You are correct DVCM has technically not done anything illegal.
Just a note to say I do not agree
DVC has necessarily done nothing illegal. Intentionally creating a chart that relies on the change of the Easter date to determine total points for a year, and choosing a base year with an early Easter date to maximize the potential variance in total annual points per year could be found to be violation of its obligation to act in the best interests of the members.
Moreover, everyone is apparently assuming that DVCM, which is the entity with the power to create
point charts, could legally make the change that it did from a 5-season to a 7-season chart that made the floating Easter date of high importance and changing the base year applicable to each resort. That is not necessarily a proper assumption.
If you read the DVC Membership Agreement, DVCM is supposed to pick a base year for the particular resort from which all years are then determined (and BWV and OKW do not even have the base year concept). Nothing says DVCM can change the base year once determined. Moreover, DVCM's power to change the points required for a calendar year is limited to its power to change the points required for each use day in any particular season, and it must always equally lower points in other use days when it raises them. A complete reallocation could result in a "leveling of all seasons," with every use day requiring the same points. But nowhere in the Membership Agreement is DVCM given the power to actually do away with any of the existing seasons or create a new
point chart with different seasons than the one originally created, and the absence of any such express language allowing for the addition of, or a complete change in, seasons could be found to mean DVCM cannot create the 7-season point charts but must always keep the five-season charts that existed, having only the power to shift points among those seasons.
In other words, the very act of adopting the 7-season chart could itself be illegal. DVCM has just taken advantage of the rule that points may increase annually due to "normal" calendar changes by purposefully doing away with the old charts and creating new ones that improperly allow it act like it is doing nothing wrong, but what has really occurred is that DVCM has purposefully acted to greatly increase points for many use days in many years without providing required decreases.
In any event, it is a position that should be reserved and thus members should avoid conceding to DVC that creating the 7-season point chart was legal or even "technically legal,"