If Disney implements a fee that gives preference to some guests over others in being able to use
DVC rooms, they are on thin ice. Room assignment is a core function of using a timeshare. If they make a direct profit from it (preference is given to Disney cash guests, being a
Disney+ member, a $50 room preference fee etc.) I'm quite certain they can't do it. They'd be breaking their fiduciary duty.
Now there might a narrow corridor, if they can argue credibly that the fee just covers the costs they have in considering/handling the room request (but I assume the fee would have to be relatively low for this argument) or the fee for the room preference of DVD rooms (not for Disney hotel rooms) goes to the association (after covering costs). I still think this would be on very thin ice and Disney won't do it.
I still would have to disagree.
While it may make sense at first glance to only charge whatever it would cost to actually do the room assigning, that likely wouldn't work as the fee would be too small. IE if the fee was $5, and everyone did it expecting the best possible room, they would
all be disappointed and the system wouldn't work well at all.
If they did choose to do it in a way that had them charge a fee, the fee would have to be substantial enough to where not all of the members pay it in order for the system to work (or they would have to limit it- like lightning lanes) A fiduciary duty does not prevent the entity with the fiduciary duty from making any money, just that they act in the interest of the other party and do not charge an exorbitant amount that the other party would largely object to.
So if they thought the membership wanted a way to get a better shot at their preferred rooms for a modest fee (even above the labor cost to provide it), they would be within their fiduciary duty to provide it IMO.
----
We are not guaranteed the best room
or even an average room in a category with our membership. We are only guaranteed a room,
any room in fact, in that category, as assigned as DVC sees fit. With today's system, it is completely possible that a member who makes reservations, never makes specific room requests, and never complains about their assigned rooms has gotten substantially worse than an "
average" room in their booking category. Would that member be owed something by DVC or has DVC broken their fiduciary duty to that member now? No, I would argue they have not.
Would it make you feel better if they split every resort into 20 different booking categories with the most requested rooms costing just a few more points? That would seem fair, but it would destroy the availability for continuous stays with so many booking categories. I would much prefer a reward tier option or yes, even a paid option