DVC T &C Personal Use - Only Thread to Discuss.

Just a comment relating to LLCs, since some have mentioned that some renters have formed LLCs.

If there are members who have set up LLC's to use and increase their rental abilities, then DVC has a way to prevent them from renting that is in addition to any others. The component site public offering statements, which include the Declarations, have a section that appears before the Declarations named Public Offering Statement Text. One provision in that section expressly limits "corporations and other business entities," which would include LLC's, to limiting use of any DVC rooms to that entity's officers, directors, principals [a term that means the main owners who control a business] and employees. i.e., the only people the LLC can possibly rent to are officers, directors, principals and employees of the business entity, see, e.g., BWV POS §III(5)(a)(1)(a).
 
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We (including you, as you were a frequent poster) have hashed this out though, for months. In many previous threads. Both sides disagree with one another on how the contract is meant to be interpreted. There is almost no middle ground to be had here, there are mostly hardliners with a sprinkling of people on the very inside edges of each side. Debate is healthy, but it always devolves the same weird way where the renting side tries to get the non-renting side to agree to some arbitrary number as acceptable. "I don't think renting frequently is ok." "Ok, but what is frequently? I have 500 points, can I rent out 250 points a year?" "No, that's frequently." "Ok, what if it's a percentage of my overall points divided by three years multiplied by my 14 cousins I share my contract with?" "No, that still seems frequently." "Well it doesn't matter, DVC gets to decide what renting is anyhow." And that's the truth- and they don't want to say a number, so we will never know. There's been some really bad takes here, on both sides, even some by lawyers. I fully encourage everyone to use their contract the way they see the contract spelled out. If you think DVC meant that it's ok to rent 250 points out of 500 a year, keep doing it. It's one way to test for sure if you were right, and also to find out if DVC is actually doing anything.
It’s literally the exact same conversation over and over.

“What if I want to gift 63% of my points to my aunts second cousin bc my meemaw fell off the tractor and we can’t use them for the next 22 years?”
 
Which document is this? The property management agreement?
The Condominium Rules & Regulations of the GF in section 1. Personal Use….”The Association has adopted a policy regarding what constitutes a commercial enterprise, practice, or purpose, which policy is a record of the Association and may be reviewed upon request.”
 
It’s literally the exact same conversation over and over.

“What if I want to gift 63% of my points to my aunts second cousin bc my meemaw fell off the tractor and we can’t use them for the next 22 years?”
You're clearly lying. Everyone knows Meemaw hasn't flown since that unfortunate incident in Omaha back in '82. The tractor story is a red herring.
 

Can you say MMB program? I know I have mentioned it but I think the transfer rule expansion of banked and borrowed, will also open up the ability of owners who have extra points to trade amongst themselves more readily.



Just remember that us non-US owners are treated like 2nd class owners and can't buy into the MMB program.

I'd love to trade some points for an annual pass every year.
 
Just a comment relating to LLCs, since some have mentioned that some renters have formed LLCs.

If there are members who have set up LLC's to use and increase their rental abilities, then DVC has a way to prevent them from renting that is in addition to any others. The component site public offering statements, which include the Declarations, have a section that appears before the Declarations named Public Offering Statement Text. One provision in that section expressly limits "corporations and other business entities," which would include LLC's, to limiting use of any DVC rooms to that entity's officers, directors, principals [a term that means the main owners who control a business] and employees. i.e., the only people the LLC can possibly rent to are officers, directors, principals and employees of the business entity, see, e.g., BWV POS §III(5)(a)(1)(a).

And, you have to wonder if this is what they were referring to, in part, when they said that they hoped we wouldn't be in the same situation!

Enforcing this clause alone would shut down, pretty much shut down many of the big time players in today's market.
 
Just remember that us non-US owners are treated like 2nd class owners and can't buy into the MMB program.

I'd love to trade some points for an annual pass every year.
Isn't MMB just the first year after purchase and for direct purchases?

Nevermind, was thinking of something else
 
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