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- Nov 15, 2008
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My "intel" came directly from DVC and I have called several times and didn't report until I heard it a few times, and when I got it as detailed as I did from the MS supervisor, and confirmed with her this was a recorded line so I can believe what she is saying is 100% accurate, she said yes.I agree that income below dues is probably the minimum you need to avoid being at risk of some sort of enforcement action. I would be surprised if Disney is going to take any sort of claim (even with a purported contract) that you rented your points at a studio at $15/pt on a marathon weekend—even in the very unlikely event it’s true!
I think Sandi is correct here, and is why I would not want to get anywhere close to the line. Assuming Sandi’s intel is correct, my rule of thumb is that the owner should be on the reservation (and actually show up, lol) at least 70% of the time—though if you’re renting very low profitability rooms, it’s probably easier to prove that you’re not in it for profit even if you rent half (or more) of your points. Keep in mind, Disney will see where you used your points and they have a very good idea of the rack rate for the rooms, so, for example, you’d probably need compelling evidence to explain to Disney why you spec rented a BW studio for $90 a night.
I think you might be surprised to see all the ways Disney can prove you weren’t where you said you were…but more likely, it would be on you to prove you were there first.
This seems like a real risk to me, and I suspect Disney has considered it as well, and we will learn more details over time designed to stop this practice (or its fraudulent cousin— writing a contract for $5/pt but actually renting it at $25/pt).
Agree with everything you said. I was just telling a friend that I thought the policy Sandi announced was pretty generous but I would not skirt the line too closely or assume that Disney will take my word for it on rental valuations. I also think the last thing Disney wants is for DVCRM to have even more points to offer for prime studio reservations more cheaply, and the “no more income than dues” would potentially increase the rental market—unless Disney believes/knows that an enormous percentage of total DVC points are owned by exclusively commercial renters—in which case we should expect to see a lot more contracts coming on the market.
I have now seen other reports of people having been shared similar informaton.... if you are .renting to offset your dues, DVC considers it a "no profit" situation...rent above that, and you are violating the rules.
I get people may be disappointed....and are certainly free to not believe it or believe more is coming...but, that is what DVC has landed on.
The statements last year at the meeting were very clear....they would be extremely cautious to making any operatonal changes that they don't see as a better way to do things because of unintended consequences.
In terms of brokers, sorry, people can say what they want and make wild assumptions, but DVC has never indicated they will make things hard for owners to stop brokers.....and continuing to put out the notion that is the reason is misleading because DVC doesn't have the right to do that and as an owner, no one should want them to make decisions other than for the benefit of owners....and I don't expect DVC to hit the average owner with rules that clearly are not better just to put brokers out of business....
This decision allows DVC to enforce the commercial purpose clause in a reasonable way (the standard) and using metrics that many would agree with are "fair" in terms of balancing the rights of owners to rent and preventing those from owning for the sole purpose of becoming a commerical enterprise/practice...
I just don't agree and have never seen any evidence that DVC want's to catch up the average owner in this, nor make such complicated rules that have them try to micromanage every membership to the level that they are "discounting' rental contracts if there is no further behaviors by the part of that owner that they are fake.
I have been clear that we do not know exactly how an account will be flagged for review, but common sense tells us that it will be computerized metric based on something happening in the account...and the only thing that indicates something is a rental is a reservation in the name of others.....which, has been rumored that is what they have done...
It took DVC 6 months to roll out the check back language and I am confident it is because they took that time to review things from a legal standpoint, and to put in place policies of enforcement that will catch the big time players who they are after.
Nothing is going to be 100% full proof against those who try to cheat, but this owner is happy that they appear to have done things that stop those doing what they should not and allowing owners to enjoy the product as intended with the ability to rent to offset the cost of ownership when/if the need arises.
ETA: The good news is that I will be in discussions with someone directly at DVC who is authorized to provide me with the written policy, so I am sure that I will be able to support things with more information when that happens in the next few weeks...
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