Frugal Fairy Tales
points are just points
- Joined
- Sep 14, 2021
- Messages
- 541
Yes, totally agree. The pools are soooo overrun.
Thanks for this, which is helpful. Let me ask another dumb question: Given that PVB is already sold out, why would DVC really care about the number of points it takes to use any particular room? Those points have all been sold.Because the bungalows are so point heavy, they could lower the points required to stay there and move those excess points to the new Poly tower because the points have to go somewhere
Even if this was allowed, it would mean that the number of new points for sale at Poly tower can’t be as many because they have to consider what had already been sold at PVB, since total points at the resorts would still need to balance.
If the new rooms at the Poly tower are going to be more points already, it’d be hard for them to start that way if they want to shift bungalow points.
I get this, and I think Disney will do what they want to do. But they have a fiduciary duty to their timeshare owners and must act in good faith. And if dues go up like crazy, they will have to face the consequences. LIke they did with Aulani. It worked out for CCV, but inflation and everything, not sure it'll be the same situation for Poly1 and 2.Maybe a way to look at things is that Poly Village Resort is a landlord. PVB is renting from them right now and part of that rental is use of everything as long as they pay for a certain share.
Thanks for this, which is helpful. Let me ask another dumb question: Given that PVB is already sold out, why would DVC really care about the number of points it takes to use any particular room? Those points have all been sold.
I get this, and I think Disney will do what they want to do. But they have a fiduciary duty to their timeshare owners and must act in good faith. And if dues go up like crazy, they will have to face the consequences. LIke they did with Aulani. It worked out for CCV, but inflation and everything, not sure it'll be the same situation for Poly1 and 2.
Wouldn't the points assigned to the new rooms be predicated on the number and configuration of rooms in Poly Tower? If there are no bungalows in the tower, then why the need to balance?If it’s all one association, that gives 6 million points that have to balance against all rooms at both…assuming reallocation of the points from current PvB can be moved to Poly tower,
Wouldn't the points assigned to the new rooms be predicated on the number and configuration of rooms in Poly Tower? If there are no bungalows in the tower, then why the need to balance?
I get that the POS gives Disney broad latitude, but it doesn't absolve them of their fiduciary duty. If dues on Poly1 go up substantially, owners would sue because it was a breach of fiduciary duty.They do, but it still is all determined by the terms of the current POS.
Right now, PVB owners have agreed to cover their share of expenses for any additional builds or expansions of the Poly Village resort that are considered common and those owners are given access like cash guests.
Even if the hotel had decided to add a third pool and there was no DVC building at all, PVB owners would be on the hook for their share of those of expenses to run that pool.
In the end, I think it could benefit PVB owners to have Poly tower to be its own association for dues purposes
I get that the POS gives Disney broad latitude, but it doesn't absolve them of their fiduciary duty. If dues on Poly1 go up substantially, owners would sue because it was a breach of fiduciary duty.
If it is separate associations, my assumption is they likely will put most of the dues on the new-build on Poly2, similar to what they did with CCV. That is also kind of interesting to speculate on. CCV opened at $7.33 vs. 6.54 for BRV. If an expansion would let them sell at dues around today's Poly dues ($7.39) vs the proportional increase $8.29. I wonder how much dues feed into the guide's sales pitch. Lower dues probably allows them to make a bigger sell of the resort. VGF expansion at $7.01 has to be a selling point vs. Riviera at $8.38.
I'm saying that if Disney does not act in the financial interests of their owners (e.g. breaches their financial duty), then they are subject to a lawsuit. This is a legal requirement per Chapter 721 in Florida, and would supersede any POS. Charging owners for amenities they will not practically use could be that type of breach. Not saying it will pass legal muster or anger enough PVB owners to spur action, but I'm just thinking what Disney's risk's could be. Basically, contract's aren't bullet-proof, and Disney can't really do anything they want. Though they definitely may try.Maybe I am misunderstanding but it sounds like you think that the POS gives PVB owners some say in what happens at the resort and what they can/can not be charged for if it considered a common facility.
But if Disney makes the new tower’s pool available to everyone at PVB, it is indeed an amenity that PVB owners will “practically use,” isn‘t it? You might not want to make the walk but plenty will.I'm saying that if Disney does not act in the financial interests of their owners (e.g. breaches their financial duty), then they are subject to a lawsuit. This is a legal requirement per Chapter 721 in Florida, and would supersede any POS. Charging owners for amenities they will not practically use could be that type of breach. Not saying it will pass legal muster or anger enough PVB owners to spur action, but I'm just thinking what Disney's risk's could be. Basically, contract's aren't bullet-proof, and Disney can't really do anything they want. Though they definitely may try.
As I read the POS, I'm also curious if Disney can really unilaterally decide whether a pool addition is part of the hotel vs. part of the PVB. There is the below clause in the POS. I would think you could make the argument that expansions could belong solely to PVB owners. Not that we would want it, but I'm not sure Disney can really make that judgement call.
If DVD does add recreational or other commonly used facilities to the Polynesian Villas & Bungalows, those facilities will be included as part of the Common Elements of the Polynesian Villas & Bungalows.
I think my ‘interest’ would be a pool closer to PVB that is exclusive to PVB. And in that way, making it the same association could be in my interest. I can stay close to a pool.But if Disney makes the new tower’s pool available to everyone at PVB, it is indeed an amenity that PVB owners will “practically use,” isn‘t it? You might not want to make the walk but plenty will.
And, frankly, I think your concern that somehow PVB‘s dues will skyrocket is a tad unfounded. And with the pools so crowded at PVB, the addition of another water recreation venue sounds like a net gain for PVB owners.
That said, since I’m no PVB fan, I’d be just as happy if they created a separate association, dug a moat between Poly2 and Poly1, and would only lower the drawbridge if you wanted to go to Trader Sam’s. But maybe Poly2 will have an even more fun tiki bar, so then Disney could just stock the moat with piranha so no one on either side could ever get across!
I think all they added at CCV was a pool.I think my ‘interest’ would be a pool closer to PVB that is exclusive to PVB. And in that way, making it the same association could be in my interest. I can stay close to a pool.
My main point is that I’m not certain Disney can 1) Push this through as a separate association without PVB approval. And 2) I’m not sure PVB approval is as easy as it was for BRV. CCV came with a bunch of additional shared amenities is my understanding. If Poly2 is only coming with a pool on the other side of the resort… not sure it’s as easy a sell. Even if Disney tries to force it through anyways.
It was before my time, but Google says CCV came with a lot of refurbishment (that CCV bore the cost of), sports courts, BBQ grills, a movie area, and a community hall. So, IMO the benefits for BRV were more clear-cut.I think all they added at CCV was a pool.
I think you’re regarding PVB as a separate entity to which DVD must somehow plead their case, in order to gain approval for a separate association for Poly2. My understanding is that Disney controls all of these associations.I think my ‘interest’ would be a pool closer to PVB that is exclusive to PVB. And in that way, making it the same association could be in my interest. I can stay close to a pool.
My main point is that I’m not certain Disney can 1) Push this through as a separate association without PVB approval. And 2) I’m not sure PVB approval is as easy as it was for BRV. CCV came with a bunch of additional shared amenities is my understanding. If Poly2 is only coming with a pool on the other side of the resort… not sure it’s as easy a sell. Even if Disney tries to force it through anyways.
I'm saying that if Disney does not act in the financial interests of their owners (e.g. breaches their financial duty), then they are subject to a lawsuit. This is a legal requirement per Chapter 721 in Florida, and would supersede any POS. Charging owners for amenities they will not practically use could be that type of breach. Not saying it will pass legal muster or anger enough PVB owners to spur action, but I'm just thinking what Disney's risk's could be. Basically, contract's aren't bullet-proof, and Disney can't really do anything they want. Though they definitely may try.
As I read the POS, I'm also curious if Disney can really unilaterally decide whether a pool addition is part of the hotel vs. part of the PVB. There is the below clause in the POS. I would think you could make the argument that expansions could belong solely to PVB owners. Not that we would want it, but I'm not sure Disney can really make that judgement call.
If DVD does add recreational or other commonly used facilities to the Polynesian Villas & Bungalows, those facilities will be included as part of the Common Elements of the Polynesian Villas & Bungalows.
I think my ‘interest’ would be a pool closer to PVB that is exclusive to PVB. And in that way, making it the same association could be in my interest. I can stay close to a pool.
My main point is that I’m not certain Disney can 1) Push this through as a separate association without PVB approval. And 2) I’m not sure PVB approval is as easy as it was for BRV. CCV came with a bunch of additional shared amenities is my understanding. If Poly2 is only coming with a pool on the other side of the resort… not sure it’s as easy a sell. Even if Disney tries to force it through anyways.
Would be great for Poly2 owners if its pool were restricted. And it might be odd to buy into the resort, if it is a separate association, only to discover the pool overwhelmed with Poly1 guests.As I shared, and the clause states, that DVD can add new recreational facilities to the condo association and therefore it becomes a common element of that associaiton.
In theory, that means it could be restricted to use by guests staying at that resort, However, if it is a common element and DVD wants to limit it to only those guests staying in the DVC rooms, like at BLT, then the cost to maintain it will be 100% the responsibility of the owners, There would be no sharing of expenses with Poly Village Resorts,
So, if the add Poly tower to the PVB association, and include the new pool to it, then they can decide who gets access to it.
But, since the other pools at the resort, which are owned by TWDC as part of Poly Village Resort, and are shared with DVC owners, it doesn’t make a whole lot of sense that DVD is going to put in a brand new pool and restrict access and have owners pay the whole bill. Giving all guests access means that the costs get shared.
Of course, contracts are not always ironclad, but adding something to the condo association such as a pool does not seem to be a breach of fiduciary, because it is something that enhances the owners enjoyment, whether they choose to use it or not.
I own at SSR and there are pools spread all over the complex that I have to pay for even though not all of them are convenient for me to use when I am staying there...this would be no different.
Being its own association can change things up in that the POS for that resort would define how things are declared and how it will be coordinated with both Poly Village Resort and PVB.
I do think that the way it works with CCV, BRV and WL is a good example of how we would see this play out if it’s a new association.
The more I think about it, I do think the pool will be declared as a recreational facility of the Poly tower, and not be classified as a hotel pool as I mentioned earlier, which means the POS will reflect that as well as reflect the terms for access.
And, if the Poly tower has resale restrictions, and the pool use was restricted to only guests staying at the tower, then PVB owners could not be charged anything for it, since some of its owners would be excluded from using it since they would be locked out of stays at the tower .
Would be great for Poly2 owners if its pool were restricted. And it might be odd to buy into the resort, if it is a separate association, only to discover the pool overwhelmed with Poly1 guests.
Yeah, agreed. I think VDH will have restrictions. I live in LA, and don’t think any of the buyers out here will care.I am sure it would be a nice aspect, but the problem is that it is so close to the current longhouses of the Poly Village Resort that it could be hard to manage that
It works at BLT because that building is far away from the CR tower and garden wing. With Poly tower, it’s right there next to the hotel.
I know if it is restricted to Poly tower guests only, then PVB guests and hotel guests would be upset if the resort pools were not restricted as well for Poly tower guests…and I don’t see that happening either.
But, only those in charge have an idea of how it will all play out! I’m still leaning new association but if VDH doesn’t come out with the restrictions then it’s safe to say, they have changed their long term strategy snd this won’t have them either, which makes it much more likely it will be part of PVB.