The large number of new Aulani resale contracts??

Someone needs to bring up the topic of commercial renting at the Condo Association Mtg...
It has been brought up to higher ups at DVC before via email and the responses received have basically been “we hear you, we are aware and know we have been taking action where it is appropriate and that’s all you need to know” seems to be their standard line whenever the topic is brought up
 
I sent a letter asking questions to clarify commercial use in the context of buying more DVC. Guess the wording was a bit too soft so I ended up with a canned response.

The next letter I send will ask if there is anything legally preventing me from buying AKV resale contracts, running auto-buyers to secure reservations and site scrapers to search availability 24/7, pulling every set of Value studio dates I can find to rent out as confirmed reservations, as long as I don’t go beyond 19 reservations and understand DVC is not an investment and that DVD does not have any responsibility to protect my ability to make rental profits. My kids would like to do that with BWV in a separate membership, will it matter we’re all the same address? :laughing: CC for all.
 
I sent a letter asking questions to clarify commercial use in the context of buying more DVC. Guess the wording was a bit too soft so I ended up with a canned response.

The next letter I send will ask if there is anything legally preventing me from buying AKV resale contracts, running auto-buyers to secure reservations and site scrapers to search availability 24/7, pulling every set of Value studio dates I can find to rent out as confirmed reservations, as long as I don’t go beyond 19 reservations and understand DVC is not an investment and that DVD does not have any responsibility to protect my ability to make rental profits. My kids would like to do that with BWV in a separate membership, will it matter we’re all the same address? :laughing: CC for all.
Keep us posted!! lol
 
I sent a letter asking questions to clarify commercial use in the context of buying more DVC. Guess the wording was a bit too soft so I ended up with a canned response.

The next letter I send will ask if there is anything legally preventing me from buying AKV resale contracts, running auto-buyers to secure reservations and site scrapers to search availability 24/7, pulling every set of Value studio dates I can find to rent out as confirmed reservations, as long as I don’t go beyond 19 reservations and understand DVC is not an investment and that DVD does not have any responsibility to protect my ability to make rental profits. My kids would like to do that with BWV in a separate membership, will it matter we’re all the same address? :laughing: CC for all.
Smoke coming off your keyboard…..
 
I sent a letter asking questions to clarify commercial use in the context of buying more DVC. Guess the wording was a bit too soft so I ended up with a canned response.

The next letter I send will ask if there is anything legally preventing me from buying AKV resale contracts, running auto-buyers to secure reservations and site scrapers to search availability 24/7, pulling every set of Value studio dates I can find to rent out as confirmed reservations, as long as I don’t go beyond 19 reservations and understand DVC is not an investment and that DVD does not have any responsibility to protect my ability to make rental profits. My kids would like to do that with BWV in a separate membership, will it matter we’re all the same address? :laughing: CC for all.

Good luck! I can say that I took it pretty high last year and they simply would not and don’t think they will ever answer other than..here is the contract and what it says and as an owner you are responsible for deciding how to follow it!
 
Even though I am in no hurry to pay 2025 dues, curiosity has the best of me. Figured they’d be out by now.
I’m new to this, but it seems odd that Aulani is all wrapped up and not the others. Should I add this to my list of Aulani conspiracies? 🤣

Also it’s much later than last years release date
 
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Could be, but my understanding was that quite a few of the contracts have delayed closings as late as next September. Not sure how many folks going through a divorce are still planning on keeping a reservation 10 months from now...
If there was a rental agreement signed, would they have a choice?

I.e. large renter going through a divorce.
 
If there was a rental agreement signed, would they have a choice?

I.e. large renter going through a divorce.
There's likely little chance a divorce court is going to allow you to delay divesting a timeshare contract (or any asset) for nearly a year, simply because you have an outstanding reservation that you've already made (in possible violation of your ownership agreement if it's deemed to be commercial activity). Particularly in the light of the ease with which the reservation can be cancelled.

I'm not sure I've ever seen a rental agreement with any type of punitive clause beyond simply refunding the amount already paid, so "You honor, I can't sell my timeshare because I have an outstanding reservation that I "sold" to someone else, and if I cancel it, I'll have to give them their money back" doesn't sound too compelling. Especially if the loss (refund) can offset by deducting it from any profit realized by the sale of the contract.

I'm going to guess it would be like trying to argue you can't sell a car or home, simply because you're upside down on the loan. It might be a hard sell to a judge.
 
There's likely little chance a divorce court is going to allow you to delay divesting a timeshare contract (or any asset) for nearly a year, simply because you have an outstanding reservation that you've already made (in possible violation of your ownership agreement if it's deemed to be commercial activity). Particularly in the light of the ease with which the reservation can be cancelled.

I'm not sure I've ever seen a rental agreement with any type of punitive clause beyond simply refunding the amount already paid, so "You honor, I can't sell my timeshare because I have an outstanding reservation that I "sold" to someone else, and if I cancel it, I'll have to give them their money back" doesn't sound too compelling. Especially if you can offset the loss (refund) by deducting it from any profit realized by the sale of the contract.

I'm going to guess it would be like trying to argue you can't sell a car or home, simply because you're upside down on the loan.

“Your honor, you don’t understand. The renter had an ADR for breakfast at Topolino’s and a MVMCP linked to the rental.”

“You make a compelling argument. Case dismissed!”
 
“Your honor, you don’t understand. The renter had an ADR for breakfast at Topolino’s and a MVMCP linked to the rental.”

“You make a compelling argument. Case dismissed!”
Courts do take into account hardships or other legal issues when dealing with divestiture (like you co-own it with your siblings, etc.), but I'm guessing you'd be hard-pressed to come up with one strong enough to sway the judge.
 
There's likely little chance a divorce court is going to allow you to delay divesting a timeshare contract (or any asset) for nearly a year, simply because you have an outstanding reservation that you've already made (in possible violation of your ownership agreement if it's deemed to be commercial activity). Particularly in the light of the ease with which the reservation can be cancelled.

I'm not sure I've ever seen a rental agreement with any type of punitive clause beyond simply refunding the amount already paid, so "You honor, I can't sell my timeshare because I have an outstanding reservation that I "sold" to someone else, and if I cancel it, I'll have to give them their money back" doesn't sound too compelling. Especially if the loss (refund) can offset by deducting it from any profit realized by the sale of the contract.

I'm going to guess it would be like trying to argue you can't sell a car or home, simply because you're upside down on the loan. It might be a hard sell to a judge.
8,000 points at $20pp is $160k. Perhaps they don’t have the liquidity to refund $160k in canceled reservations. Especially with an $84k dues bill coming up.
 
8,000 points at $20pp is $160k. Perhaps they don’t have the liquidity to refund $160k in canceled reservations. Especially with an $84k dues bill coming up.

The other piece is that some divorces are not contentious which means both could agree to delayed sales.

Courts only need to get that involved when there is lack of agreement. So, again, I can see this as a possibility
 
8,000 points at $20pp is $160k. Perhaps they don’t have the liquidity to refund $160k in canceled reservations. Especially with an $84k dues bill coming up.
That’s assuming that literally every point is tied up in a current reservation.

I’m not saying a divorce is out of the realm of possibility. I’m just saying an individual (or married couple), sitting on thousands and thousands points, all on stripped contracts, and with reservations out to September of next year is probably less likely than a commercial entity.

Regardless of who owns them or why they are being sold, the state of the contracts still reeks of commercial renting.
 
Maybe they got nabbed on the 2000 pt max ownership per resort? Would DVD be nice enough to let them fulfill existing rental obligations before selling off the excess?

Nobody is supposed to be named on more than 2000pts at one resort. If somebody is selling thousands and thousands of points that should’ve never happened in the first place, especially if they are rarely if ever named on the reservations. That reeks of commercial use. We were sold DVC as a personal use system. They really need to do a better job enforcing.
 















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