I do not agree with this assessment. We were sold a product that was promised to be XY, and definitely not Z. Now it's XYZ. Is material breach of contract not a thing? I remember last year a law firm contacted a bunch of members over a class action lawsuit regarding room availability and third party websites. Obviously nothing came of it, but I don't think it would have gotten to the point of soliciting members to sign on if it was clearly not enforceable.
You know a lot about DVC, so when was the last time DVC formed a special team for anything? Is this a regular thing they do for small issues?
You are glossing over the difference between not being affected at all, and people being affected and not realizing it because they are casual owners.
You said, and I quote, "I’m only dealing with this ‘issue’ because of the current conversations from some on the chat who I think are proposing onerous solutions to many members like me who really aren’t impacted by bots or commercial renting…Or walking for that matter. None of these impact me at all. And although I may not be representative of the bulk of members, I don’t think I’m such a ‘rare’ find that the Smithsonian wants to put me on display!

".
The single quotation marks are yours, and are clearly meant to imply that you don't believe this 'issue' is an actual issue. It's like opening a $20000 freezer full of 10 dollar a pint ice cream while people are struggling to put food on their table and saying "I don't see what the big 'deal' is with the economy, I'm not affected at all except by the people who keep whining about it!".
Read the contract....it expressly gives them the right to fail to enfoce elements of the contract....given they decide the commercial use policy, they can make it whaever they want.....and thus, they are not in breach of anything.....there is no set standard to define it.
You feel they have not enforced the commerical use clause of the contract but you yourself have admitted that all that matters is DVC's definition of it and right now, the only written policy that can be found in the 2008 one...
Context matters and what the board identified at the meeting of commerical renting was only "large point owners who rent and its a frequent occurence" and that they were working to stop that....as best they can.
It was then added that they were devoting resources to that, and that they had a whole team in Yvonne's department focused on going after them....they DID NOT say or even imply this was a new team.....but rather that they would be working to curb commerical renting against those owner who were doing it.
And yes, over the years, DVC has devoted resources to the program in making sure that it functions well...I'd bet this team was also the one who worked on the new rules for transfers, and possibly the ones who came up with the idea about the check box.
So, DVC has defintiely said that they want to stop commerical renting, but they have only publicly identified commerical renters as "large point owners".
Even the the statement "personal use is not...." in the T & C fits against large point owners.
As I have said, I am basing all my opinions on what the board said at the meeting, as someone who was there and engaged with them personally about the issues....and nothing stated in that meeting by the board implied that their definiton of commerical renting applies to anyone but large point owners, or that the resources or teams focus would be against anyone than that.
Could they decide something different? Of course they can...never said they could not....but what they did address, on the record, at the meeting was the group they would be targeting for commerical renting were the "large point owners....frequent occurence" and since then, they have done nothing to indicate the targeted group for enforcement is different.
So, I am basing my position on what was actually stated at the meeting, and the conttext in which it happened and when, or if, they come out and state something different, then my position will definitely change.
To be clear, I am not suggesting that anyone should take my position as their position because DVC has specifically stated in the past that owners are responsible for interpreting the rules of the contract, and with the lack of clarity for what it means to rent "frequently or regularly", it certainly appears to me that they still believe this.
But, if someone else has been in contact with DVC and they have gotten clarity beyond what was actually stated at the meeting, I would love for them to share it here.
I respect that you and I have difference of opinion on what makes something commerical and but the statements made, were the statements made, and I am choosing to take the board statements as fact in terms of where they see this current issue....until they tell us something different.