Originally posted by jimh13432
has anybody seen my potholders?
Originally posted by JLS
I really don't understandd why people get SO upset when this topic is brought up. Point rental ultimately is a function of the free market. DVC points rental is a business transaction that has to involve two consenting parties who agree on a price. I am totally fine renting my points for $10, and in fact, we rented to our friends for $8 per point earlier this year to help them out because they were friends. But if someone wants to charge $12 per point and gets it from renters, I think saying "shame on you" or making them feel like somehow they are bad people for charging what the market apparently will bear is ridiculous. If I wanted to sell my BCV points and someone was willing to pay $88 per point for them, is there something wrong with that? Should I make sure that I don't sell my points at any more than what the lowest person is charging because I shouldn't try to make a "profit" off my DVC points?
If people can get more than $10 for their points, more power to them. Its not as if they can be accused of some kind of illicit price gouging when right there on the rental boards are people advertising their points for less.
There is a lot to be said for mousekeeping everyday,
which is the trade-off that must be made for a refrigerator and microwave in a studio, particularly when we factor in the fact that we don't cook on vacation
Originally posted by eileenfk
I was sure that I read somewhere, that it was against the rules to purchase for the sake of renting out as a business. But I can not remember where I read this, and I can not find it again.
- Eileen
Article 13.2 sets up rules which must be followed for a rental.Originally posted by Shamus
Well maybe it was similar to this:
From the BWV POS
Article XII
USE RESTRICTIONS
12.1 Personal Use. Except for Units owned by DVD, .....(SNIP)...... Use of Vacation Homes and recreational facilities for comercial purposes or any purposes other than the personal use described herein is expressly prohibited. "Comercial purposes" shall included a pattern of rental activity or other occupancy by an Owner that the Association, in its reasonable discreation, could conclude constitutes a comercial enterprise or practice. ...... (SNIP)
Shamus
7.1 it would seem supplies a definition of personal use while there is no definition of Commercial use. It would seem also that as many interpret it, the issues on commercial use and personal use would be in direct conflict. Courts have held in the past, including in FL, that a company cannot prevent an owner of a condo from renting unless the same provisions apply to ALL parties. Courts have routinely sided with the individual when there are conflicts within a contractual document.5.1 Club Member Rentals. A Club Member may make a reservation to use the Vacation Homes for the Club Members own use, make their use available to family or friends or guests, or rent them solely through the Club members own efforts. DVDs approval of a rental by a Club Member is not required after a reservation has been made in the renters own name, and Club Members are permitted to rent their occupancy rights on terms and conditions that they may establish. No rental assistance is being offered by The TWDW Companies. All renters must comply with the rules and regulations affecting occupancy, and the renting Club Member will be responsible for the acts of omissions of the renters or any other person or persons permitted by the Club Member to use the Vacation Home. The TWDC Companies do not in any way represent or promote that a particular Vacation home can be rented, or if it is rented, that any particular rental rate can be obtained for such rental.
Section VII also states.
7.1 ......Use of the Vacation Homes and facilities of the Condominium is limited solely to the personal use of Club Members, their guests, invites, exchangers and lessees and for recreation use by corporations or other similar business entities owning Ownership Interests while staying as a registered guest at the Condominium. Purchase of an Ownership Interest or use of Vacation Homes and facilities of the Condominium for commercial purposes or for any purpose other than the personal use described above is expressly prohibited.
Originally posted by Shamus
A person who is consistantly placing rental ads on E-Bay and subsequently booking the resevations would clearly be in violation. I personally do not believe that the FL Courts would side with the individuals in those cases. I am curious if you agree with that or not as you are much more familiar with Timeshare laws than I am
In summary of my opinion ..... "Casual Rentals" are legal and allowed....."Rentals for purpose of a business" are forbiddin and in violation of the agreement.
We agree more than disagree but I do believe that the sections conflict in the sense that some would like to apply them. I'm also of the opinion that the "commercial use" definition would allow far more rental activity than some of the members here would like to believe. Certainly, if one put out a billboard and opened an office or rented out of an established rental business like are used for condo rentals, we could agree that this would likely be deemed commercial use. I don't think the use of ebay alone or anything similar, could be used to make the determination. As i've said many times, Disney is th proverbial 600# Gorilla so it's entirely possible they could push someone around, that doesn't put them in the right (or wrong for that matter).Originally posted by Shamus
Dean,
The questioned raised by Eileen was if refference to "rentals as a business". Througout the POS are sections setting up the rights and rules regarding rentals. The right to rent your interest in DVC is clearly spelled out and allowed, likewise, Comercial use is forbiddin. The section I quoted is where DVC ties repeated rentals to a Comercial Use at their discreation based upon "Rental Patterns". I believe this is defining "Comercial Use".
I agree that the FL Courts would side with the individual in cases of conflict. I feel that 12.1 is not in conflict with other sections but rather states that the right to rent does not mean the right to "Comercial Use" and goes on to define it. The only questionable part I see is that it is at the Association's discreation as to what "rental patterns" constitiute "Comercial Use".
That being said...........If DVC pressed the issue ....... A person who is consistantly placing rental ads on E-Bay and subsequently booking the resevations would clearly be in violation. I personally do not believe that the FL Courts would side with the individuals in those cases. I am curious if you agree with that or not as you are much more familiar with Timeshare laws than I am
In summary of my opinion ..... "Casual Rentals" are legal and allowed....."Rentals for purpose of a business" are forbiddin and in violation of the agreement.
SHAMUS
Nick, I addressed some of this above but decided to go back and answer you directly. First, I think you guys assume I rent out a lot because I defend the position intellectually, you couldn't be farther from the truth if you think that. When's the last time you saw a post or reply on the rent/trade board or a listing on ebay for a rental? Yes I have a running listing on my webpage and tell people I have NO points to rent out about 20 times a week.Originally posted by Nick@ VB+OKW
I also would like to hear Dean's opinion to the above post.......especially to the owners of DVC that rent out more than they even use...........if they even use DVC at all for themselves.
IMO rentals for purpose of a business, should not be allowed.
I also believe the Florida courts would not side with that individual if they have a long history on E-Bay or the Rent/Trade board.
Originally posted by Dean
First, I think you guys assume I rent out a lot because I defend the position intellectually, you couldn't be farther from the truth if you think that. When's the last time you saw a post or reply on the rent/trade board or a listing on ebay for a rental?
Originally posted by Dean
Is one who rents out half their points to pay for a cruise doing it commercially? Under most who oppose it, the answer is technically yes though many of them wouldn't admit it. B]