Owners aren't FL residents?

[mikeymc1115]

Do DVC owners not count as Florida residents? I thought that because you owned a deed in the state you should be eligible for FL res discounts.

 

[SusieQ79]

I believe it has to be your primary residence - i.e., your driver's license says that's the state in which you reside permanently.

 

[DebbieB]

Do DVC owners not count as Florida residents? I thought that because you owned a deed in the state you should be eligible for FL res discounts.

There's specific wording in the contract that DVC ownership does NOT give Florida Resident status.

The DVC annual passes are the same price as Florida Resident AP's. However, other tickets are not discounted.

 

[lesroi]

You are not a Florida resident based on a partial ownership. Now, if you own enough points to stay for 6+ months at a time, then you might have a case.
I'm a Realtor here and I would never in a million years tell someone that a partial ownership in a leasehold condo gives them rights as a Florida resident.

 

[delmar411]

I believe it has to be your primary residence - i.e., your driver's license says that's the state in which you reside permanently.

Exactly. Resident = the place where you reside. Not the place where you vacation.

 

[Cheshire Figment]

I think that in the area of the book about ownership it specifically states that if you attempt to claim domiciliary residency due to ownership in DVC that Disney has the right to cancel all of your points with no refund.

 

[mikeymc1115]

That's odd - I could have sworn or DVC tour guide told us that as DVC owners we receive FL res discounts. Perhaps he meant that owners receive the same AP discount as residents, but didn't use the best wording.

 

[chalee94]

That's odd - I could have sworn or DVC tour guide told us that as DVC owners we receive FL res discounts. Perhaps he meant that owners receive the same AP discount as residents, but didn't use the best wording.

in general, i would not count on DVC guides as the best, most reliable source of information.

 

[twinsouvenirs]

That's odd - I could have sworn or DVC tour guide told us that as DVC owners we receive FL res discounts. Perhaps he meant that owners receive the same AP discount as residents, but didn't use the best wording.

.

That is most likely what they meant-- some discounts are the same or similar.

You can only have one residence in the true legal sense. If you truly want it to be Disney, look into Golden oaks

 

[AmyB2006]

That's odd - I could have sworn or DVC tour guide told us that as DVC owners we receive FL res discounts. Perhaps he meant that owners receive the same AP discount as residents, but didn't use the best wording.

Probably this. Most discounts I've noticed are similar, whether you use DVC, AP, or FL resident.

 

[MiramarQE]

in general, i would not count on DVC guides as the best, most reliable source of information.

They aren't QUITE at the point of telling you anything to get a sale, but the margin to that line is pretty thin in many cases, depending on the guide you speak with. The people at the kiosks aren't even guides, they are not licensed to sell real estate and generally won't answer detail questions, but they do seem willing to make some pretty wild promises from time to time (we talk with them from time to time just to hear the 'line of the day.')

The actual value of Fl resident vs DVC member vs passholder discounts ebbs and flows a little - you won't be too badly off if the only discount you have is DVC.

As many on this board will tell you the discounts are a perk Disney CAN take away at any time - but then, what would they tell the new prospects when they're trying to SELL DVC at their prices?

 

[drusba]

The prohibition reads as follows from the declarations of AKV and you will find the same in other declarations:

"No person or party may enter, stay or dwell on or about the Condominium
Property with the intent or desire to be or become legally domiciled in the State of Florida or any political subdivision
of the State of Florida merely as a result of such entrance onto or occupation of the Condominium Property, and all
such persons or parties waive, release and remise any such intent or desire. No person or party may enter, stay or
dwell on or about a Unit or Vacation Home with the intent that the Unit or Vacation Home be or become that person's
or party's principal dwelling, and such person or party will maintain a principal dwelling at all times at a location other
than within the confines of the Condominium Property."

Contrary to something mentioned above there is nothing that says you will forfeit your points for attempting to establish a domicile. That penalty is unnecessary. Laws of domicile and residency ultimately depend on intent and by agreeing to disclaim any intent to create Florida residency you cannot possibly establish Florida residency even if you stayed all year long at a DVC resort.

 

[Dean]

I think that in the area of the book about ownership it specifically states that if you attempt to claim domiciliary residency due to ownership in DVC that Disney has the right to cancel all of your points with no refund.

As noted above, there is no penalty.

This is an area where semantics come into play. This isn't really an issue of residency but rather of who Disney will offer discounts to. They could chose to offer them or not and have chosen to do so in this format related to FL residence. Even if the state of FL declared tomorrow that all who own timeshares in FL are considered residents, Disney would not have to offer the perks/discounts.

 

[Brian Noble]

The prohibition reads as follows from the declarations of AKV and you will find the same in other declarations:

As an aside, this clause isn't really about Florida residency so much as Reedy Creek Improvement District residency. WDW exists in what amounts to a privately-owned government, complete with two "cities". But, the only legal residents of RCID are Disney employees, so that Disney controls all elections within the District. This is why the land under Golden Oak (and before that, Celebration) was de-annexed from the District before it was developed---to ensure that GO residents could not vote in RCID elections.

http://en.wikipedia.org/wiki/Reedy_Creek_Improvement_District

 

[lorenni]

You can be a resident of only one place at a time - and that's typically the place where you live. You can own a house/property in 12 different states but you'd still only be resident in one of them - and incidentally that is where you would file your state income tax returns.

 

[drusba]

As Dean and Brian key on, the no residency rule is designed to protect Disney not the State of Florida from your being a resident. Disney's rule prevents any member from iusing DVC resort ownership or occupancy to claim any special Florida benefits Disney might create and to prevent anyone from becoming a resident of the Reedy Creek Improvement District with any kind of voting power. There are actual residents now in that district, but they are designated Disney personnel made residents so Disney could have residents vote on things that required such votes. Recently Disney began selling the million dollar homes in Golden Oaks where buyers will become Florida residents. However, before starting that project Disney de-annexed the Golden Oaks area, separating it from the Reedy Creek district, and it just became part of Orange County with an arrangement where Disney will be the managing and operating entity for the community, somewhat similar to what it is now for DVC resorts. I am not sure how well that arrangement will stand up after homes are sold but Disney is apparently buiding protections into the sales and transfer materials.

 

[JimC]

You can be a resident of only one place at a time - and that's typically the place where you live. You can own a house/property in 12 different states but you'd still only be resident in one of them - and incidentally that is where you would file your state income tax returns.

State tax returns are required if you have income subject to a state's jurisdiction and a sufficient amount to trigger a filing requirement. There are lots of people who file multiple state income tax returns. And some who file none if they only have income in a state with no income tax, such as FL.

 

[JimC]

As Dean and Brian key on, the no residency rule is designed to protect Disney not the State of Florida from your being a resident. Disney's rule prevents any member from iusing DVC resort ownership or occupancy to claim any special Florida benefits Disney might create and to prevent anyone from becoming a resident of the Reedy Creek Improvement District with any kind of voting power. There are actual residents now in that district, but they are designated Disney personnel made residents so Disney could have residents vote on things that required such votes. Recently Disney began selling the million dollar homes in Golden Oaks where buyers will become Florida residents. However, before starting that project Disney de-annexed the Golden Oaks area, separating it from the Reedy Creek district, and it just became part of Orange County with an arrangement where Disney will be the managing and operating entity for the community, somewhat similar to what it is now for DVC resorts. I am not sure how well that arrangement will stand up after homes are sold but Disney is apparently buiding protections into the sales and transfer materials.

Can you buy a residence in Golden Oaks for under $2.0m?

Disney has de-annexed portions of its properties before. Celebration is one example. Also some land on the western boundary being developed along 429.

The home owners at Golden Oaks are most likely buying 2nd or 3rd homes and will not establish residency. But they could if they met FL's residency requirements (http://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=38). But they are no longer part of RCID, which as you point out is Disney's special governmental jurisdiction.

 

[lorenni]

State tax returns are required if you have income subject to a state's jurisdiction and a sufficient amount to trigger a filing requirement. There are lots of people who file multiple state income tax returns. And some who file none if they only have income in a state with no income tax, such as FL.

Having income in a state may trigger a filing requirement but it absolutely will not create residency.

 

[Dean]

Having income in a state may trigger a filing requirement but it absolutely will not create residency.

But residency isn't really the issue here, getting the discounts that Disney offers to "residents" is the issue as I'm understanding this. It's not a legal residency question.