Home resort booking window - a right or a privilege?

NewEngland47

Earning My Ears
Joined
Jun 22, 2017
Messages
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As Disney seems to be trying to battle the increasing gulf between the direct and resale prices by adding incentives and taking away benefits/incentives from resale contracts I am wondering if they could ever restrict the home resort booking window to contracts purchased directly from DVC? It's possible they cannot - as it may be a right passed by the deed - but if the possibility is up for grabs it would certainly be a game changer. I can't remember if home booking window is presented in docs as something they can change.
 
So I just pulled out my dusty condo docs and from my read it looks they can explicitly add different booking priority categories for booking during the home resort priority period. Plus they reserved the right to amend the docs as they see fit. Because I would assume that they wouldn't want to crush the resale market but rather make buying direct worth more my bet is on the possibility of a tiered home resort booking period someday in the not-too-distant future. But in the interests of full disclosure - I also bought direct so I could just be trying to justify my needless spending of more $$ -- Lol!
 
The POS says that owners of a resort will always have at least a one month booking advantage over those who do not own at that resort. Currently, owners have a 4 month booking priority period.

For the existing DVC resorts, I cannot find anything in the POS or MSPOS that would allow Disney to create different booking criteria based on how the contract was acquired. The "amend as they see fit" does not apply to every section of the contract. Read carefully. :teeth:

I am not a lawyer.
 

No. They cannot differentiate the home resort booking period between direct and resale. They cannot differentiate the ability to book other DVC resorts, either.
 
Not without a fairly significant legal hoo hoo involving the parent condo associations, and that would be a huge mess.
 
No. They cannot differentiate the home resort booking period between direct and resale. They cannot differentiate the ability to book other DVC resorts, either.
What's your rationale for this? I'm asking not intending to challenge or be critical, but to get information. I've participated in a few discussions recently that lead me to believe that they could effectively implement a priority booking process that would give preferred owners an advantage. I don't think that they could prioritize non home resort over home resort (I think the 1 month stipulation mixes that) but within categories I think they could.
 
What's your rationale for this? I'm asking not intending to challenge or be critical, but to get information. I've participated in a few discussions recently that lead me to believe that they could effectively implement a priority booking process that would give preferred owners an advantage. I don't think that they could prioritize non home resort over home resort (I think the 1 month stipulation mixes that) but within categories I think they could.
The ability to book your home resort is based on the deed. Period. The only way someone could get an advantage would be like the fixed-week option. But that's a deeded option and carries forward to any subsequent buyer.

Nothing in the master POS would allow differentiation. Sure, they could amend the POS. But the DVC board is staffed by DVD and Disney executives. And the DVC board has a fiduciary responsibility to members (owners, not customers). So, if those folks decided to make changes that benefit their other organizations but hurt owners, Disney risks losing control of the DVC board and each condo board. And that would be really bad for them.
 
At the end of the day, some of this is dictated by condo law and timeshare law, particularly for the Florida resorts. Every DVC resort is a condo association, and they belong to a parent organization for trading. So it's not trivial to make changes, regardless of anything you hear from a bus driver.
 
The ability to book your home resort is based on the deed. Period. The only way someone could get an advantage would be like the fixed-week option. But that's a deeded option and carries forward to any subsequent buyer.

Nothing in the master POS would allow differentiation. Sure, they could amend the POS. But the DVC board is staffed by DVD and Disney executives. And the DVC board has a fiduciary responsibility to members (owners, not customers). So, if those folks decided to make changes that benefit their other organizations but hurt owners, Disney risks losing control of the DVC board and each condo board. And that would be really bad for them.
Agreed home resort booking is based on the deed and that gives you an advantage over non-home owners trying to book, at least a month. What about when you're trying to book a non-home resort?
 
At the end of the day, some of this is dictated by condo law and timeshare law, particularly for the Florida resorts. Every DVC resort is a condo association, and they belong to a parent organization for trading. So it's not trivial to make changes, regardless of anything you hear from a bus driver.
I didn't think it would be trivial. Who's the bus driver?
 
Agreed home resort booking is based on the deed and that gives you an advantage over non-home owners trying to book, at least a month. What about when you're trying to book a non-home resort?
Each resort is a separate condo association. Each condo association enters into an agreement with the DVC organization to allow them to trade in and others to trade out among the DVC resorts. The only way to limit non-home trades is to withdraw from the club entirely. Which affects everyone.
 
As Disney seems to be trying to battle the increasing gulf between the direct and resale prices by adding incentives and taking away benefits/incentives from resale contracts I am wondering if they could ever restrict the home resort booking window to contracts purchased directly from DVC? It's possible they cannot - as it may be a right passed by the deed - but if the possibility is up for grabs it would certainly be a game changer. I can't remember if home booking window is presented in docs as something they can change.
Realistically probably not. Likely the best they could do would be to give priority for wait lists at 11 months out, change the home resort priority to 11/10 an add pay to play costs to non qualified points and removing them for qualified in some way or another as a VIP system. Now for any new resorts they could create a new DVC II and they could build in such rules if they wanted but it'd be a new system without direct association with the current system. And they could restrict access to crossover for qualified points only. Though this too is unlikely IMO.
 
Totally not to be contentious but I don't agree that the 11 month window is part of the deed - I believe the home booking window is addressed in the "membership agreement" (which explicitly states can be amended in the sole discretion of DVC) - and the agreement provides only that there will always be at least a one month advantage and that they can add tiers - so I believe Disney could - as an example - say folks who bought direct can book at 11 months, other owners at 10 months. I think they can, but that does not mean they will... really depends on whether or not direct sales drop or stagnate enough that it is worth hurting the resale market to drive up demand for direct. We shall see... but I wouldn't say they cannot.
 
Ok, this is got my brain tangled.:teeth: But I am interpreting this as that Disney could give direct buyers a booking time at 11/7 months out, but then give resale buyers a booking time of say 11/6 or 11/5 months out?
 
IMO if anything becomes important enough to Disney, they will take all legal steps to modify everything in their favor.

It all comes down to making more money. I never thought that they would create a resale and direct class of DVC owners.

:earsboy: Bill

 
If they make it difficult for resale buyers to switch they make it hard for direct buyers to switch.
 
Is there a way to put owners into tiers? I'm a resale owner of BLT, if they wanted to could they let a direct purchaser switch before me?
I think they could, but it would still create consequences because those resale buyers would book home resort and not be switching.
 



















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