Until someone can point me in the direction of a section chapter 721 of the Florida statues, and explain how Disney violated that section, and how that violation effected them......
721.52 is the section that provides some definitions.
8) "Vacation club" means a multisite timeshare plan. However, notwithstanding any other provision of this chapter, the use of the term "vacation club" by a person or entity as part of a company, brand, or product name shall not, in and of itself, subject the person, entity, or product being offered to the provisions of this part unless the product offered otherwise meets the definition of a "multisite timeshare plan" as defined in subsection (4).
4) "Multisite timeshare plan" means any method, arrangement, or procedure with respect to which a purchaser obtains, by any means, a recurring right to use and occupy accommodations or facilities of more than one component site, only through use of a reservation system, whether or not the purchaser is able to elect to cease participating in the plan.
Any resale owners that can’t trade in or out of Riviera are not actual members of a “vacation club” as defined above and should not be marketed as such is my interpretation.
When I read the clause about the word vacation club, IMO, it is simply saying that using the word vacation club in and of itself, does not fall under this statute unless it is in conjunction with a multi site timeshare plan.
For example, I can create Sandi’s Vacation Club in which all members pay a fee to have one person organize trips for them. My use of the word vacation club does not “subject me as a person to the provisions of this part of the statue” because my vacation club is not a multi site timeshare plan.
Owners of RIV can indeed trade through the program as long as they have qualified points. FL timeshare law does not require that resale owners must be given the same rights as those who purchase direct from a developer The statute is for the developer and rules they must follow, includes guidance in what language must be in the POS in terms of resale.
The POS of each timeshare plan is what sets the rules for resale The POS for RIV restricts resale owners from exchanging their points with BVTC…but it does not restrict them from using II or RCI when we traded with that.
The argument by others is that the
DVC resort agreement of the O14 state that new resorts BVTC decides to associate as another DVC resort must have a DVC resort agreement that is substantially similar to those…that wording doesn’t seem to be there for RIV.
Because there are changes for resale owners, some believe that means it’s not..but it is exactly the same for direct and resale owners who Owned prior to RIV
Since the original language of the O14 is substantially similar, it comes down to whether you believe that restricting access to RIV by resale buyers as of January, 2019, makes it different enough when the rest is all the same to be in violation of the contract.
The DVC resort agreements do give BVTC the ability to set the rules and alter them along the way. The POS also allows for changes. So, is the change between O14 DVC resort agreements and the RIV resort agreement in conflict with the contract? Some think yes…some think no.
The POS is referring to your home resort and all owners, resale or direct, including resale RIV are members of the club at their own resort.
ETA: The other aspect that some have questioned is whether RIV can be considered a component site of a multi site timeshare plan (like DVC) when it’s trading rights are not the same for all owners.. All the FL statue says is that a multi site temshare plan is simply a group of sites that allow owners to use the other sites through a reservation system. RIV certainly seems to meet that standard.
The ability to trade through BVTC has nothing to do with being a club member.
Here is all it means to be a club member:
