It has beeen a long time since I have seen the 5 in a 1BR debate. Since we need one of those every once in a while, I think we should all start on the correct legal basis:
1. You actually do own a real estate interest in the property. When you purchase you are deeded an interest in a "unit" (which actually consists of several rooms) and you share that interest with all others in the unit. You are then subjected to all the rules in the official documents which render that real estate interest somewhat meaningless (except for tax deduction purposes) because you may never actually stay in the unit you own as the rules of reserving allow any member to stay in any room.
2. You actually do not own points. The documents deem that points shall have no legally recognized value but merely represent your real estate interest in the property and thus you cannot legally "own" them. But, just as your real estate interest is rendered somewhat meaningless by the reservation provisions of the documents, your points become the most important thing because of those same reservation provisions. In other words, under the
DVC system, you actually own an interest in real property but really don't care if you do, and you actually own no interest in points but those are the only things you consider to be of value. Don't worry, the law does those kinds of things all the time.
3. You have no "right" to put five in a room designated for four. Your research needs to take you where it should have started and that is reading the official documents which designate that a 1BR is to sleep four. When you buy DVC, you sign a lot of documents and, though this might be overlooked, everyone of them says you agree to abide by everything in the official documents. So regardless of what your "research" may have shown, there is an enforceable agreement that says the DVC gods can prevent you from putting five in the room. Note, the same documents allow a fifth if under 3 in a crib.
4. The issue has nothing to do with safety. And the Fire Marshalls don't give a hoot. Putting 5 in a 1BR violates no safety laws or ordinances. The rule exists in the documents for one simple reason -- Disney decided to put only a king and pull-out queen in the 1BRs and thus there is bedding only for four. And that baby is allowed as a fifth because Disney also has cribs for the rooms.
5. Those are the rules but then, as is often the case, rules are created to be broken, and, in this case, that can occur as long as the DVC gods allow it. DVC has long allowed members to put 5 in a 1BR with the caveat that it will not provide any bedding for the fifth. As long as it allows it, you can do it -- the DVC gods are the arbiters of the rules. DVC will likely continue to allow it as long as it does not get out hand. However, you should always remember one thing. Those same DVC gods could wake up cranky one day and change their minds and stop allowing 5 in the room, and if that occurs, there will be nothing you can do about it because all DVC will be doing is enforcing already existing and valid rules.
I guess I can tell dd that I found a studio for her and 18 of her closest friends to use for Spring Break since I own it...
