I do see where you're coming from in that BRV had recreational facilities declared as a part of the association. Though at least in that case, it's clear that Disney didn't want to have to deal with keeping CCV and BRV separate and exclusive. In some ways, this may be a referendum on if BRV / CCV was a good model at all...
PVB (and probably VGF) were instead granted easements to use the shared areas with 'reasonable access' expectations.
But if any of Poly2 will be exclusive, I think it will require some legal changes to Poly1's agreements due to the impact to the 'shared areas' and 'shared area expenses' portions. Even with Poly1 owners only having an easement interest, Disney will still need to define what Poly1 has access to and what they have to pay for.
It probably goes without saying, but I think an 'expansion' is just easier for Disney - legally, administratively, etc. Especially if the alternative is having to control some access to Poly2 or Poly1. And if it is looking at having 4-5 resorts actively for sale, ease might actually be worth something. But as with everything, all speculation.
I don't think you will see Poly tower exclusive in terms of use in anyway. I think what will happen is the same POS as what PVB currently has with Poly Village resort in that everyone at each has access to everything at the other one and that the expenses that are shared are shared in the same way that they are at all the current hotel/
DVC complexes...
But, here is what it says for PVB in terms of Recreational Facilities:
There are no recreational facilities being declared as a part of the Polynesian Villas & Bungalows. Pursuant to the Master Declaration, Owners will have access to certain recreational facilities and other commonly used facilities that are made available to guests of the Polynesian Resort. Consequently, those facilities will be used by renters and guests of the Polynesian Village Resort, Club Members, their guests, exchangers and renters; by renters of Vacation Homes not yet declared as part of the Polynesian Villas & Bungalows; and potentially by owners of interests in property common to the Polynesian Villas & Bungalows under the Master Declaration or in adjoining properties. A portion of the costs of maintenance, repair and replacement of such facilities will be borne by the Owners and shall be assessed to the Owners, pursuant to the terms of the Declaration and the Master Declaration, There is a lien or lien right against each Ownership Interest to secure the payment of these assessments
It also includes this:
Recreational and other Commonlv Used Facilities located outside the Condominium Propertv, Pursuant to the Master Declaration, Owners and Club Members will have access to certain recreational facilities and other commonly used facilities of Dnney's Polynesian Village Resort made available to guests of Disney's Polynesian Village Resort have access to such recreationalfacilities. Those facilities will be used by renters and guests staying at Disney's Polynesian Village Resort, Owners and Club Members, their guests, exchangers and renters; by renters of Vacation Homes; and by owners of interests in property common to Polynesian Villas & Bungalows under the Master Declaration or in adjoining resort properties.
Access to and use of these recreational and other commonly used facilities may be limited or closed to the Owners and their respective lessees, guests, invitees and licensees (e.9,, restricted access to a limited number of users during specific hours or during high occupancy periods or for special events) or cease at any time and is governed by the terms of the Master Declaration
Based on this, PVB, owners can indeed be restricted from the use of the current recreational facilities of the Poly as long as it follows the rules of the Master Declaration.
I actually don't think it is easier one way or the other because the shared and common expenses, as well as easements assigned to PVB owners via the POS are all things given to them by TWDC as part of being on their property. DVD only controls the easements, etc. related to the areas compromised in the grounds lease (if I am reading the POS correctly).
If Poly tower is to be a new condo association, like CCV , then the POS for this association will be written in a way that defines how everything will be treated. The only real aspect that has to be included would be the pool. If it is declared as part of the condo, then there needs to be language to discuss access to it, and how it is paid....will be it only for tower guests, or all guests of Poly resort, which would include PVB guests.
If it is not declared as part of the condo, like the other Poly pools currently are, then I would assume the language would be similar to what the current PVB POS says (posted above).
Now, if the tower becomes part of PVB, then the POS doesn't need to be amended at all, unless they declare the pool to be a recreational facility of PVB, and then it has to be updated to include a reciprocal use with TWDC, like it does now for the current pools at WL.
I don't see any situation where the pool at the tower, if rolled into the same association, no matter how declared, will be restricted, to any guest. I actually don't even see it being restricted to Poly tower guests under a new association because of its location to the two longhouses for the Poly Village resort.
I think since this has been announced and is being built at the Poly complex, these little things have already been decided in terms of access to guests, because its being built at a shared location, unlike places like RIV, SSR, and OKW which are stand alone DVC resorts.
That is why I have said that the association designation is not going to change the current and future access to everything that is currently at the Poly...it really makes no sense to have Poly tower pool be restricted to Poly tower guests only...no PVB and no cash guests...as then it would make 100% of the costs the responsibility of the running of it (like is currently the case at BLT...and why CR guests are prohibited).
In reality, it can go either way...even though I will be shocked if it is not designated as a new DVC resort....but even if that happens, the impact on PVB owners in terms of what they can and can not use at the resort now will not change.