Technical Question About DVC Governing Documents

[GrnMtnMan]

How does DVC justify denying two particular perks to non-member DVC point renters? Specifically, access to the Top of The World Lounge and Internet access.

Here's my thinking. As an owner, you purchased the right to occupy units in DVC resorts and to use the common amenities owned and maintained by those resorts - like I can use the pool, electricity, water, elevators, TVs, and telephones - why not internet? Is there a clause in your contract that says that certain entitlements will not transfer to occupants other than the owner? Or a clause that separately classifies 'occupants other than the owner for which the owner receives compensation' in a unique category?

Now that the TOTWL is part of the common amenities of the BLT, rather than owned by DVD, shouldn't any access granted to DVC owners be transferred to the occupant of that owner's unit? And shouldn't internet access, which (I've been lead to believe) BLT owners pay for in there maintenance fees, be transferred to whomever a DVC owner chooses to occupy his ownership interest during his/her ownership interval? The only way I could see this being legal is if the original purchase documents have categorization for occupants who compensated an owner. So is there such a clause?

And I understand the difference between perks that DVD offered to people who purchased their DVC interest from DVD.

Background: I own a timeshare at Harborside at Atlantis, and I'm a bit of a real estate wonk (I work in commercial real estate). So I've actually read a good part of my ownership documents. There's clear definition in my documents that whoever I choose to occupy my unity during my ownership interest will be treated as if they were me. This is very important at Atlantis because it means that the access to Atlantis that I am entitled to transfers to my unit's occupants. Which means that when you rent a unit at Harborside, your access to everything at Atlantis is already included.

Thanks if you've read this far. I'm really curious if DVC really has a special category for owners, or if DVD just did a really good job of marketing that idea to DVC buyers.

 

[erionm]

Home Resort Rules & Regulations:
http://advc.disney.go.com/media/dvc...tions/HomeResortRulesandRegulations012011.pdf

See Section V. Member Benefits and Privileges, Sub Section 3. Making Reservations for Non-Club Members (Pages 14-15

 

[wdrl]

The Top of the World Lounge is a commercial Unit that is part of BLT. As a commercial Unit, access, even by BLT Owners, can be limited or restricted. I believe that section 22.1 of the Master Declaration of Condominium has some of the language you are looking for.

I'll let someone else comment on the issue of internet access.

 

[GrnMtnMan]

Thanks to you both.

I had a related pot that started this line of thinking over here.

 

[Deb & Bill]

It's in all the rules. You have rules with your timeshare, right?

It's posted in your other thread.

 

[JimMIA]

How does DVC justify denying two particular perks to non-member DVC point renters? Specifically, access to the Top of The World Lounge and Internet access.

I think the short answer is that those are perks of DVC ownership -- just like the various member discounts -- not perks of the use of DVC points. Different concept.

 

[dmoore22]

"When a Club Member uses his or her Home Resort Vacation Points to reserve Vacation Homes on behalf of a non-Club Member, and the Club Member does not charge any rental or other fees to the non-Club Member for the reservation, the non-Club Member is eligible for all or some of the Club Member privileges and benefits that a Club Member would normally receive during his or her stay in the reserved Vacation Home. If the non-Club Member is renting, it is the responsibility of the Member to notify Member Services when making the reservation. Member privileges and benefits cannot be extended to non-Club Members who rent Vacation Homes from Club Members."

 

[twinklebug]

GrnMtnMan, Sorry if I'm coming across as rude, and I apologize if this is not the case with you, but the DDP thread and folk trying to twist the system to benefit themselves has me worked up.

All the info you needed was posted in that other thread you started. I'm getting the feeling that despite your real estate curiosity that your true motivation is to uncover a loophole that will permit you access to TOTWL and free internet access during your rental stay.

If you want a guarantee that those items will be included with your stay, buy a DVC membership and stay on your points at the resort. There will be no question as to what benefits you're entitled to.

 

[hakepb]

I think internet access is provided by an outside vendor.
If the Kissimee Super Target wanted to provide free delivery to DVC members, would that be prohibited discrimination against renters?

 

[OrangeCountyCommuter]

As a renter you may not get this, but...

DVC's documents give Disney ALL the power. They can basically do ANYTHING they want and the owners don't get to do anything but whine. So if they don't want to give renters free internet etc.. they don't have too.... Posting threads about "I don't think it's right" doesn't change the facts that they have all the control

 

[dmoore22]

If you want a guarantee that those items will be included with your stay, buy a DVC membership and stay on your points at the resort. There will be no question as to what benefits you're entitled to.

 

[GrnMtnMan]

GrnMtnMan, Sorry if I'm coming across as rude, and I apologize if this is not the case with you, but the DDP thread and folk trying to twist the system to benefit themselves has me worked up.

All the info you needed was posted in that other thread you started. I'm getting the feeling that despite your real estate curiosity that your true motivation is to uncover a loophole that will permit you access to TOTWL and free internet access during your rental stay.

If you want a guarantee that those items will be included with your stay, buy a DVC membership and stay on your points at the resort. There will be no question as to what benefits you're entitled to.

This did come across as rude and paranoid. If you look at the date and time of my postings, you'll see they were around the same time yesterday.

I stopped posting on this thread when I saw that the 'bigger' questions I had were being addressed on that other thread. That thread had a specific question about my upcoming trip. This thread had a larger question about how DVC works.

 

[Mommb]

Internet access in DVC resorts is not restricted to DVC members -- anyone can use it. However, anyone other than a DVC member staying on points will need to pay for it, just as people at non-DVC Disney resorts need to pay for internet access.

Free internet access is not a condition of members as covered in the contract, but rather a "perk" that is provided and can be taken away at any time, just like discounts at various restaurants and shops which are sometimes offered to DVC owners.

 

[crisi]

The trick is in how they choose to categorize "member privledges and benefits"

Disney considers free internet to be a member privledge, not infrastructure. They do not consider Magical Express, for instance, to be a member privledge. Heat and air conditioning are not member privledges nor is pool use at the resort you are staying at. Discounts at restaurants are benefits. Pool hopping is a privledge. They do not itemize these things out.

When Disney rolls out something to CRO, we are never really sure whether we will get it or under what terms. We couldn't get the dining plan for a year after its release. When we did, they extended that availability to anyone staying on points - not just DVC Members or Members and Guests.

 

[WilsonFlyer]

Internet access in DVC resorts is not restricted to DVC members -- anyone can use it. However, anyone other than a DVC member staying on points will need to pay for it, just as people at non-DVC Disney resorts need to pay for internet access.

Free internet access is not a condition of members as covered in the contract, but rather a "perk" that is provided and can be taken away at any time, just like discounts at various restaurants and shops which are sometimes offered to DVC owners.

I have seen on these boards the claim that our annual dues pays for internet access and that it is not free at all. If that is the case, I can certainly understand the argument for anyone staying on points since the owning member paid for the privilege of internet on those points.

Having said this,I doubt this is a battle the OP is going to win since it's essentially a battle not worth fighting from a financial standpoint.

 

[dvcterry]

OP I own at Harborside and first off there is nothing for free in the world. Harborside is a different ownership than DVC, they are just about to begin a banking system for owner's points, for years we could not do that, we would lose points. And the cancellation policy, after 24 hours of making a reservation, don't get me started on that one....

So all in all I can continue...yes as DVC members have we lost some perks over the years, yes, but there are some that Harborside owners have never had. It's comparing apples to oranges.

IMO, ownership is still for OWNERS to enjoy.

 

[Sammie]

I have seen on these boards the claim that our annual dues pays for internet access and that it is not free at all. If that is the case, I can certainly understand the argument for anyone staying on points since the owning member paid for the privilege of internet on those points.

Having said this,I doubt this is a battle the OP is going to win since it's essentially a battle not worth fighting from a financial standpoint.

Considering the OP is renting, not sure he has a battle to fight except with the person he rented from.

Certainly not with DVC as he is not the member.

Considering that everyone else at Disney does pay for internet, I would hope renters would pay for it if they have to and not give the front desk a hard time about something they are not entitled to as they are not members.

To me it would be no different if a renter is there during a time when DVC is having a special party such as the Christmas one. Members only. As the POS states some things are not available to someone renting and are exclusive to members.

Seems pretty simple to me.

 

[dmoore22]

Considering the OP is renting, not sure he has a battle to fight except with the person he rented from.

Certainly not with DVC as he is not the member.

Well said. My thought exactly.

 

[dbs1228]

I was told that the reservations I booked for my DD's were with points and they would be entitled to free internet during their stay.(1 already traveled and was not charged) CM said right out if the ressie is booked on points the room will not be charged for internet. I did not give it another thought because the ressie's were for my family. It could very well be handled differently if it is a renter and the CM notes it on the ressie.

 

[rlovew]

My parents own a Westgate timeshare and while they can book a room for us with their timeshare we do not recieve the owner perks unless they are with us. In fact for our last stay they were using their unit and we were using one the traded in with II I think- since they could put everyone stayong in their unit without going over the occupancy they did so we could all go to the member cookouts and such but if we were staying in their unit during their week (so not trade at all done) we would not have recieved the owner perks.

It make sense to me that certain perks are for members only. Many times DVC booked rooms are not charged for internet access but if they are charged you have to take your DVC member card to the desk for it to be taken off- therefore they have determined that it isn't a stay on points but a member card that gives you access to the free internet.

It may not be what a timeshare you own has done but many of them have specific perks that are only for the members and not their guests let alone renters.