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- Nov 15, 2008
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Good points, but I think the issue could be viewed even more widely than that.
-I agree that VGC resale owners still hold the 11 mo. vs. 7 mo. booking advantage over owners at any other resort, so that property right remains unaffected by any resale/use restrictions with respect to VDH.
-The issue is that as soon as the 7 month window opens, Disney has effectively opened the door to thousands of people who can access VGC. This, by definition, alters the overall ratio of "owners" to "accommodations" for months 0-7.
-Generally, this ratio is "rebalanced" by allowing people at VGC to access accommodations at the 7-month mark that are equivalent to the number of people who now have access to VGC. (This is why it does not matter if one resort has 25 rooms and another has 250. In the end, so long as owners of either resort have access on the same 11mo/7mo timeline the ratio of owners to accommodations remains equivalent).
-As VDH does not exist to VGC resale owners, it's really no different than Disney giving anyone the like access to the rooms at seven months as far as the VGC resale owners are concerned.
-Disney may try to argue that once those VDH owners resell their rights, that will limit the number of people who can access VGC (or any other resort) and that will help "rebalance" the ratios over time. This argument does not work for numerous reasons, obviously.
I don't know, I'm fully open to the idea that I'm completely off base. I often am. But it seems clear to me that they are toying with the owner/accommodation ratios for marketing purposes and that California B&P Code may present an issue if scrutinized.
I'm not the suing type, but that's how a sizeable percentage of people in this crazy state make their bones.
Again, there is nothing in the contracts or in the law that requires the number of points that are exhchanged to maintain a 1:1 ratio. It applies only to the points sold in relation to rooms in that association. The code you refer does not apply to exchanges, just the actual resort one has an ownership interest in. since the timeshare law language thst I posted and someone else posted is clear that the exchange option and terms are up to the developer.
Matter of fact, the current contracts give BVTC the option to create their own point charts for trades..they never have..which could require non owners to pay more points per night than owners because the rule to keep it balanced does not apply for exchanges.
The only requiements thst must be followed are the rules of the home resort because that is where you own and all you are entitled to by CA timeshare law.
It doesn’t matter how many non owners can trade in. Those who own at any resorts are only entitled to what that law and our contracts give them..and that is an advantage of booking where we own over those who don’t own there. Right now, DVC exceeds the requirement…as I said, we get 4 months.
Even now, more points can trade into a resort than can trade out for many of them.
For example. VGF had sbout 2 million points before BPK. But the number of points eligible for trading in was 5 times thst if you consider all the resorts that exist in BVTC
So, just because VGC and VDH exist as the only DL, ir in CA, it doesn’t make them exclusive as they are both part of a multi site timeshare program.
I get the concern that those who want to stay at these two places could find themselves out of luck but that is diffeeent than what the law and the contracts allow.
Using non home resort points falls under the rules of exhanges and not the rules related to the place one has an ownership.
Where that code you mention comes into play is with the points that are deeded to VDH and VGC..and they can never sell more than matches the 1:1 ratio for use. And why the home resort points chart must maintain that balance for owners of that resort
The law you mention specifically uses the word purchaser…and that is how you know it is applies to those who buy at a specific resort, not those who do not.
Remember, the non home resort bookings that are available is based solely on the availability left after owners book so as long as VDH owners get to book and are only competing against other owners for a set amount of time, they have stayed within that code of 1:1 room to points.
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