It's interesting that when resold, restrictions can apparently apply to using points at Riviera. I would have thought that was part and parcel to the original association agreement for VGF. I find it odd that they can even do that. I get the restrictions on the new association at Riviera. Those were there from the get-go, but I don't see how restrictions can be applied to contracts sold under an association that didn't originally include those restrictions in its charter. I know it will never be pursued, but would it hold up in a courtroom? Then again, I honestly wonder if any of the restrictions against resale owners of the original resorts would hold up in a court of law, but I'm just an armchair lawyer using common sense as my guide.
When RIV entered into BVTC, it entered with different rules for trading into its resort. I know we lump the L14 together as a group, but in reality each resort has an agreement with BVTC on how it will work the trades with others.
So, RIVs language is that only those points direct from each resort,..and those grandfathered…can trade in and in exchange both resorts resale points can’t trade to the other one.
In terms of the changes, the DVC resort agreement does say it. can be amended,,,that’s what deals with the trades…
But since they grandfathered all points prior to adding RIV…those owners are still under the same rules in which they bought…the owners who bought before the change have suffered no harm.
Prior to RIV, there was a clause that mentioned something like all resorts would enter with similar rules…but that is no longer in the multi site POS.
I think that is the piece as to why the restrictions are allowed to stand, but I know others do not, and who knows what a court of law would decide, especially since the change was not retroactive.
I do think it would be very difficult to ever apply them to resorts that never had them and why the grandfathering was done.
The only conceivable way…and I don’t think it would ever happen…it might be done is to dissolve BVTC, have all resorts have no trading, and then create a new exchange company with each resort getting into a new DVC resort agreement with new terms, That is just way too much legal work to simply leave as is and have it apply moving forward to all future resorts.