Originally posted by WDWDad
I thought we were trying not to assume things about other people. Now you are stating to us
Not me, I've never had any problem interpreting what someone said. If I misinterpret, they can correct me.
respectfully disagree. I think the question is wide open. I may have failed to see where your opinion has weight . Are you a lawyer in the state of Florida? What basis have you for quoting legal opinions for the laws in the state of Florida.? Or saying how the courts would decide anything. Sounds to me like you are playing both Lawyer and Judge.
Your certainly welcome to disagree. My basis for the opinion is related to a number of issues I've seen in FL and elsewhere where HOA were either able to or not able to prevent individuals from renting, leasing or short term rentals. In every case I've seen, the final test was did the rule apply to every one including the developer and HOA. Ill be glad to listen to a legal opinion from a FL attorney that contradicts my understanding.
If one read the POS objectively, here is what they will find. There are a number of references (maybe 5 or 6) specifically saying that it is OK for a person to rent their points. There is one reference preventing one from running a business out of a
DVC dwelling. There is a reference where DVC is essentially saying they are not representing that an owner can rent and make a profit (this is in reference to timeshare sales lies). And there is a reference where DVC talks about commercial use in Article 12.1 and a PART of that says if they deem one one is repeatedly renting as a commercial venture, in its reasonable discretion. There is no definition and there is no penalty or limit listed. So, IMO, I dont see how a reasonable individual could read the POS and conclude that one can rent only to family and/or friends or for maint fees only else be in violation of the POS. I can see how significant repeated renting would fall into question then the issue is what is the definition.
Your opinion seems to count heavily on us believing your opinion, which at this point seems to be based solely on your experiences and views, and telling us that the argument against you is the one thats not legal. I fail to see how without a law degree you can say either with such a sense of certainty.
I await the letter from a FL real estate attorney. Until they I stand by my opinoin and interpretation. Take it or leave it, your choice as always.
Are you really suggesting that people shouldn't read and study their contract.? Thank goodness we have people here who can tell us the intent of our contract without getting into the actual words. If a contract cannot be read strictly then what good is it.
Quite the contrary. I'm saying read it and understand it. Not read it and assume the type of things many are assuming in this situation. To truly understand, one needs a lesson in timeshare issues, contracts and sales tactics. I'll certainly pit my knowledge in those areas against most people on this BBS.
Herein lies the age old debate which to anyone who has been around these boards for more than a couple of years will recognize. Do we as members owe each other a measure of courtesy ,or are we just strangers with nothing in common other than the fact that we may be assigned an adjoining room?
The " Me Firsters " will say No I do not owe any consideration to others as they are my points to do with as I wish. While a sizable portion of members will acnowledge that they are part of a larger group and that it is only common courtesy to use your points in manner which has the maximum benefit for your family, while causing the least disruption to the plans of your fellow members. This debate has been going on as long as these boards have been around. it has never been solved to everyone's satisfaction and it likely never will.
No one disputes that if you call MS that anyone will tell you renting is not allowed. Obviously MS acnowledges that renting takes place and is even encouraged among members. At what point renting becomes commercial is open for debate. And if deemed commercial is it legal under the POS is also debatable. Don't however take Disney's lack of interest in it at this point as a sign that it is legal. This may only mean it isn't enough of a problem to warrant making an example of someone.
Finally, getting back to the OP issue. We should not assume anything without knowing the renters intentions. As has been stated perhaps plans change and for whatever reason we are at the point we are. What we can judge is a persons history and when you've been around these boards long enough you get a pretty good feeling for who is using the system to their own advantage. You can always anticipate who will be the first to jump up and champion the rights of renters.
The excuses for holding on to a ressie they made, but can't use, are getting thin. And there is usually an equally thin excuse why they coudn't just be cancelled and returned to MS.
Call me a "me firster" with your definition. I think it is unreasonable to tell someone else what they should do with their points. If it means they rent it out and you don't get anything, that's the way the system is set up. This is not an issue of common courtesy, it's one of socialism. To say one who rents their points is being discourteous is a dramatic stretch to say the least.
If it is really important for you to get that prime week you better call day by day, at 9am to get the reservation you want. 
