If our "home" desolves, are we still members?

[imgoingtodisney]

My husband was reading over the contract yesterday. Took about 3 hrs. He read something he wasnt sure about.
If our "home" desolves (fire, etc and is no longer standing) are we still members? Or is our membership not good anymore? So we couldnt use our points at other places?

 

[Dean]

Yes, but unlikely. If major disasters happen, insurance would cover most of the issues. The bigger risk in this scenario is that a special assessment might be needed to cover what's not covered by insurance.

 

[Pluto4President]

Talk about doing research, by the time you're done, you will be the new DVC guru here

Have you closed yet?

 

[imgoingtodisney]

lol pluto4president
tomorrow im off to find a notary and get the papers back to dvc

 

[TnRobin]

This provision allows DVD to not rebuild if it were not feasible. Say fire strikes in 2040, by the time they rebuilt the contract would be over. If this provision were not in the contract, they could possibly be required to rebuild

 

[imgoingtodisney]

I understand the part about not rebuilding. However, would we be able to use our points elsewhere if our "home" is not left standing? Or does our membership stop?

 

[CaptainMidnight]

I think there is a degree, given all the safety nets and ways to get out, Disney has put in the contract, that we purchasers are relying on the integrity of Disney Leadership. I believe that to be well placed.

 

[PamOKW]

The way it is worded...yes, we would not be able to use our memberships during the time that our home resort is unavailable. Disney has to word it that way to cover themselves. If, God forbid, this were to occur chances are that Disney would try to make some arrangements for members. These are the "legalese" that give pause. However, if you keep in mind that Disney is covering every base and that the likelihood of such a thing occuring is low, then you can go ahead and purchase. It's true, a lot is based on faith in the integrity of the Disney Company.

 

[Granny]

From what I recall with some others postings, Florida has some pretty strict time share laws to protect the buyers.

My guess....it's only that....would be that even if DVD has protective language in the contract, they would be hard pressed to keep members from using points elsewhere while the home resort would be out of commission.

Again, I'm not a lawyer, and I don't know Florida law. But I know I've seen some posts from the time share experts (Dean? Werner Weiss?...) about the laws giving a lot of backing to time share owners.

 

[DebbieB]

I questioned my guide on this 2 years ago when I joined. He told me that we could use points at other resorts if ours was closed due to a catastrophe, not to worry about it. But it may be a case like "5 in a 1 bedroom" where the guide wasn't following the exact wording of the contract.

 

[Mdtigger99]

What your guide told you will have no value when and if the time comes. The only thing you can expect is what is in that contract you signed. Remember, there are a lot of members that were told that something would replace the free park passes after the year 2000.

 

[doubletrouble_vb]

The contract seems pretty clear on that point. If the unit to which your points are assigned is destroyed or unusable Disney has the option to terminate its contract with you. I don't believe that this is outside of Florida law in any way. A realistic example would be if some type of funnel cloud meandered through Old Key West.

It is here that you paid a good faith bonus to Disney for your timeshare. We believe that the Disney's, the Marriot's and the Embassy Suites of the world won't take this particular "out" clause. Odds are they wouldn't unless the company were on shaky ground...the bad faith it could generate would be too great and could impact their hotel business.

 

[Cricket2]

Would this effect members differently if individual units at OKW were "blown away"?

JC

 

[Dean]

I'm sure it's not really an issue, at least not at WDW. VB and HH would have a greater risk if something catatrophic were to happen. Even then, unless it were a total and permanent wipe out, I'm sure DVC would allow points usage at other options. I hope we never find out about this issue though.

 

[baileybrad]

I suppose one could or should worry about our homes "desolving" but, today, I choose not to let that be the case.

 

[KNWVIKING]

How can a tornado meander thru OKW ? I didn't see any wheels on the buildings ?

 

[Firefighter Mickey]

IIRC, DVC is required to provide similar or equal accomodations in the event that a resort is destroyed. However, that doesn't mean you can use your points at another DVC resort - to do so would effectively create an overbooking situation in the reservation situation (or an oversell), something that DVC isn't allowed to do.

 

[drusba]

Much of what has been said above is incorrect. Let's assume a resort is partially or wholly destroyed by fire. The following then occurs:

1. The resort must be rebuilt with available insurance proceeds and, if necessary, additional funds from assessments, unless it is not possible to do so. There is no discretion on Disey's part to just not rebuild; circumstances must show it is not possible.

2. If it is in fact not possible to rebuild, the insurance proceeds are distributed to the owners and and you then are no longer able to reserve anywhere.

3. While the resort is out of service and until rebuilt, you can still reserve at other resorts using the 7 month window. That does not violate any rules involving overbooking or overselling a resort (which apply only to the total number of owners; meaning total points sold at the particular resort). The DVD entities can at their option also make available other accomodations (other hotels) while the resort is being rebuilt).