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

Hoping that someone might have had nothing better to do than sit in a quarterly DVC condo meeting...

But who knows, maybe the renting didn't come up at all...

If I had been able to go my issues would have been sharing concerns about replacing furniture sooner when it is worn, getting better mattresses, and ensuring the refurb schedule stays on time.
 
Isn't MMB just the first year after purchase and for direct purchases?

Nevermind, was thinking of something else

I think you might have been thinking about the Magical Beginnings (?) program that let you "rent" back your first years points to Disney when buying direct.

Non-US are not allowed that either!

Oddly enough, there was a point I was about to buy into Club33 and when I got called by the "salesman" and they found out I was Canadian, they said sorry, only for US residents. Thankfully it worked out for the best as COVID hit a few months later and I ended up not being able to go for a while so it saved me a lot of money in what would have been wasted annual fees.
 
Hoping that someone might have had nothing better to do than sit in a quarterly DVC condo meeting...

But who knows, maybe the renting didn't come up at all...

If I had been able to go my issues would have been sharing concerns about replacing furniture sooner when it is worn, getting better mattresses, and ensuring the refurb schedule stays on time.
They may not have had anyone there. The “feels like” temperature was 101 on Tuesday and then there was a violent storm that produced a “wall of water” (those are the weatherman’s words) on the I-4 🤷🏼‍♀️ I didn’t go
 

GeneralTERMS AND CONDITIONS AND RESPONSIBILITY

(Relevant section)
• You agree that any reservations made under your membership are solely for personal use and not for commercial purposes, as required by governing documents for each DVC Resort, including but not limited to the Declaration of Condominium and Membership Agreement.
DVCM reserves the right to interpret personal use and determine if reservations are booked for personal or commercial purposes in its sole discretion. Personal use may include enjoying the benefits of a DVC Membership with family or allowing use of any reserved Vacation Home to friends and family on occasion. Additionally, personal use means that the member does not regularly or frequently rent/sell reservations booked using their membership.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
These terms and conditions are subject to change by Us and notice of such change will be deemed given if and when revised Terms and Conditions for "On-Line Booking for DVC
Resorts" are posted on this website. We shall at no time be liable or responsible in any way for any loss or damages arising out of the use, inability to use or the results of such use of this web site and the "On-Line Booking for DVC Resorts" module.
In addition to these Terms and Conditions, all use of the disneyvacationclub.com website is subject to the Terms of Use and the Privacy Policy of The Walt Disney Company.
• Use of your membership is subject to all of the rules, covenants, conditions, restrictions and limitations set forth in the Multi-site and Component Site Offering Statements for
DVC can easily do just the "low hanging fruit here" and go after anyone using a third party commercial service that rents their points for them. DVC can claim the use of a commercial company to rent an owners points violates the agreement. This wouldn't stop people from renting out points themselves on " wastebook" or any other message board but it would severely cut back on it since people would have to "trust" a stranger and hope not to get scammed. In addition to that most people I would assume pay the commercial sites for the rentals using credit cards so they have some protection and can pay back over time for that vacation but I am sure not many people would or have the ability to accept credit card payments.
 
DVC can easily do just the "low hanging fruit here" and go after anyone using a third party commercial service that rents their points for them. DVC can claim the use of a commercial company to rent an owners points violates the agreement. This wouldn't stop people from renting out points themselves on " wastebook" or any other message board but it would severely cut back on it since people would have to "trust" a stranger and hope not to get scammed. In addition to that most people I would assume pay the commercial sites for the rentals using credit cards so they have some protection and can pay back over time for that vacation but I am sure not many people would or have the ability to accept credit card payments.

I think it would be an uphill legal battle for DVC to do that and not sure why they would even attempt when there is no need for it.

Owners are supposed to be given a reasonable level of enforcement. If DVC enforced the clause that businesses are no allowed to rent to anyone but board and employees…see @drusbas post above…and set a reasonable threshold for volume within the rolling 12 month period, those who have become a business would be easy to spot and hold a accountable.

Not saying that DVC or Disney would be shy to take on legal fights, but if they have options that would limit that, why bother with one that is most surely to be challenged.


My speculation is the vast majority of owners would not want to see this but would rather see common sense thresholds in place.
 
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I think you might have been thinking about the Magical Beginnings (?) program that let you "rent" back your first years points to Disney when buying direct.

Non-US are not allowed that either!

Oddly enough, there was a point I was about to buy into Club33 and when I got called by the "salesman" and they found out I was Canadian, they said sorry, only for US residents. Thankfully it worked out for the best as COVID hit a few months later and I ended up not being able to go for a while so it saved me a lot of money in what would have been wasted annual fees.
That seems short sighted, to limit the membership to US only but I suppose to keep the club locations from becoming crowded they need a mechanism for limiting the number of members. I'd not be very happy if after paying $30+k to join and another $15+k a year only to be greeted with a crowd like those in the park. The club has nice perks and can make sense for large families with the passes and other bonuses it includes. I don't even know that many people never mind inviting them.

Didn't Disney waive/suspend annual dues/fees during the pandemic?
 
I think it would be an uphill legal battle for DVC to do that and not sure why they would even attempt when there is no need for it.

[…]

Not saying that DVC or Disney would be shy to take on legal fights, but if they have options that would limit that, why bother with one that is most surely to be challenged.

While I don’t necessarily disagree with your other comments, I did want to respond to these. Disney hasn’t ever really shown themselves to be afraid of a legal battle. They’re cautious and don’t move until they’re sure they will win, but they don’t avoid lawsuits (they can’t with the business they’re in). They’re going to be challenged either way, and they may prefer to make sweeping changes rather than small incremental ones (similar to what they did with DAS).

While I don’t want to throw this thread into the political conversation, I do think it is worth noting they didn’t do this until after they made up with the Florida state government. While it is still possible that the State AG may look at these policies, I would say it’s more likely that they will not, and therefore any lawsuits would have a lot less “bite” (and as I brought up 60 or so pages ago, few people will feel bad for timeshare owners when a lawsuit is filed, so Disney doesn’t have to fight in the the court of public opinion as well like they did with DAS)
 
I think it would be an uphill legal battle for DVC to do that and not sure why they would even attempt when there is no need for it.

Owners are supposed to be given a reasonable level of enforcement. If DVC enforced the clause that businesses are no allowed to rent to anyone but board and employees…see @drusbas post above…and set a reasonable threshold for volume within the rolling 12 month period, those who have become a business would be easy to spot and hold a accountable.

Not saying that DVC or Disney would be shy to take on legal fights, but if they have options that would limit that, why bother with one that is most surely to be challenged.


My speculation is the vast majority of owners would not want to see this but would rather see common sense thresholds in place.
But why wouldn’t an LLC just put someone local on payroll (or do it themselves if they are actually local) and send that individual over in person to check in as the lead guest. It would legitimize their rentals over the “little guy” that’s in another state. Similar to those moms that were hiring locals with disabilities to cut the lines. (Way before DAS) It seems to me that a voucher system would be more effective. Actually you wouldn’t even need to come all the way inside, just get close enough with remote check in.
 
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I think it would be an uphill legal battle for DVC to do that and not sure why they would even attempt when there is no need for it.

Owners are supposed to be given a reasonable level of enforcement. If DVC enforced the clause that businesses are no allowed to rent to anyone but board and employees…see @drusbas post above…and set a reasonable threshold for volume within the rolling 12 month period, those who have become a business would be easy to spot and hold a accountable.

Not saying that DVC or Disney would be shy to take on legal fights, but if they have options that would limit that, why bother with one that is most surely to be challenged.


My speculation is the vast majority of owners would not want to see this but would rather see common sense thresholds in place.
My question is who would have to sue ( and have a legal right to sue) if they DVC were to enforce this?
Would it have to be owners of DVC? Could third party renters of DVC points (ex. Dav@#d's)? And if DVC were to be sued who pays their legal fees if they were to prevail? Would the owners of DVC have to pay a special assessment?
 















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