VGC New Owner / Use Year Issue

[roberte114]

After reading this in the purchase agreement I don't know if you're correct. The paragraph states "In the year of closing" which would be this year 2009 and ends with "whichever is later, to the end of the calendar year." The end of the calendar year would mean the end of calendar year 2009. Our use year starts in February 2010 and thus does not apply so in my interpretation I have to start paying MFs when the villas open.

 

[forevercruising]

After reading this in the purchase agreement I don't know if you're correct. The paragraph states "In the year of closing" which would be this year 2009 and ends with "whichever is later, to the end of the calendar year." The end of the calendar year would mean the end of calendar year 2009. Our use year starts in February 2010 and thus does not apply so in my interpretation I have to start paying MFs when the villas open.

You are correct that the "year of closing" is 2009; however, the latest of the three options (for Jan. - May UY) written in the contract is "the first day of the [purchaser]'s Use Year".

Quality Assurance verified that "the end of the calendar year," in the contract, refers to the end of the calendar year once my UY begins and I begin paying dues. So, I will get my first points in March 2010 and I will only pay MF from that point until the end of that calendar year, 31 December 2010.

While spending quite a bit of time with one of the most veteran representatives in Quality Assurance, she clearly stated, two or three times, that I, having a March UY will not pay any dues until my UY begins in 2010. I asked, point blank, "So, I won't pay any dues when the property opens, correct?" She said, "Correct." She reiterated that, since I have no points, I will pay no dues; when I receive my first set of points, I will begin paying dues. She also said that I would receive my first dues statement in February 2010.

I can only share what I was told by QA and what I perceive the contract to state.

Perhaps someone else could contact QA and verify with them, as well.

 

[roberte114]

I think that paragraph is written up wrong and needs updated. It specifically refers only to the calendar year in which you purchase an interest and details how the the MFs are prorated for that specific year. I'm sure that probably in the end we will wind up only paying MFs from the start of our use year which is good but the contract isn't written up that way in my opinion.

 

[Scott H]

Having a Feb use year we will not get the 2009 points, OK but can we borrow from the 2010 use year, I would think so, but just what I think.

Anyone asked this of DVC?

 

[ACDSNY]

Having a Feb use year we will not get the 2009 points, OK but can we borrow from the 2010 use year, I would think so, but just what I think.

Anyone asked this of DVC?

I would think you could borrow 2010 points after the opening date of Nov 30th.

 

[tjkraz]

I would think you could borrow 2010 points after the opening date of Nov 30th.

Just to clarify, you can borrow the points for a stay which occurs anytime after the resort opening. Functionally the points can be borrowed as soon as they begin to accept bookings. But the stay cannot occur until after the resort is open to guests.

 

[forevercruising]

I would think you could borrow 2010 points after the opening date of Nov 30th.

Correct!

 

[maburke]

I say those of us with the earlier UYs that won't get 2009 points should get double developer points! (Or double the cruise offer!) I can understand with the resort only open the last two months of the year, they can't give everyone 2009 points, or there wouldn't be enough reservations available to handle it. But I agree that it's not fair that they get the same amount of money from us, at the same time as everyone else, but we get one fewer year of use.

 

[forevercruising]

I say those of us with the earlier UYs that won't get 2009 points should get double developer points! (Or double the cruise offer!) I can understand with the resort only open the last two months of the year, they can't give everyone 2009 points, or there wouldn't be enough reservations available to handle it. But I agree that it's not fair that they get the same amount of money from us, at the same time as everyone else, but we get one fewer year of use.

I absolutely agree; I am glad to know that I am not alone in this thinking! I just wish we would all get an equivalent contract with equal years' use, since we are all paying the same price. Double DP's would be a good idea; they would fill the gap of losing a whole year's points in the same contract which is the same price for all buyers.

 

[JimC]

Although I also thought this to be true last week, this is incorrect.

I spent much time discussing this and the use year issue with both my guide and Quality Assurance, so I'm confident that the verbiage in the contract (Purchase Agreement) is correct, as it states:

"In the year of closing, [purchaser] shall be responsible for [purchaser]'s portion of the Annual Dues, calculated by prorating the Annual Dues from either the date of this Agreement. . ., the first day of the [purchaser]'s Use Year or the date on which [purchaser]s Unit at the Condominium is available for occupancy by Club Members, whichever is later, to the end of the calendar year."

So, I have been assured by Quality Assurance (and the contract) that those of us not receiving points until 2010 will not pay any dues until our Use Years begin, in 2010.

Hope this helps!

I am not disputing what QA told you, but my reading of that paragraph leads me to believe they are referring to 2009 dues only. The key phrase is "in the year of closing..." I interpret that to refer to only how 2009 dues will be handled.

 

[KAT4DISNEY]

I absolutely agree; I am glad to know that I am not alone in this thinking! I just wish we would all get an equivalent contract with equal years' use, since we are all paying the same price. Double DP's would be a good idea; they would fill the gap of losing a whole year's points in the same contract which is the same price for all buyers.

Have you brought this up to your guides?

 

[forevercruising]

Have you brought this up to your guides?

Absolutely. I have had lengthy "complaint" sessions with both my guide and QA; the basic answer is, "That's just the way it is." QA did give me some technical justification for the differentiation between the buyers' contract values, some of which I understood, but, I still feel short-changed. According to my guide and QA, this is just the way it is; in fact, one of them (I can't remember which one) said it's just "luck of the draw" that my use year is not one which receives the 2009 points.

 

[Scott H]

Thanks for the info, I should have been more clear, I would borrow the points for a stay elsewhere.

Bummer on the Luck of the Feb UY draw for us. Oh well.

I do like the double DP idea.

 

[tjkraz]

Absolutely. I have had lengthy "complaint" sessions with both my guide and QA; the basic answer is, "That's just the way it is." QA did give me some technical justification for the differentiation between the buyers' contract values, some of which I understood, but, I still feel short-changed. According to my guide and QA, this is just the way it is; in fact, one of them (I can't remember which one) said it's just "luck of the draw" that my use year is not one which receives the 2009 points.

Like I said, that's pretty consistent with how things have been done in the past. With SSR some buyers got 2003 UY points (resort opened May '04) while most didn't get their first points until the 2004 UY.

I'm pretty sure the same thing happened with AKV.

 

[KAT4DISNEY]

Thanks for the info, I should have been more clear, I would borrow the points for a stay elsewhere.

Bummer on the Luck of the Feb UY draw for us. Oh well.

I do like the double DP idea.

As was previously posted - you cannot borrow your points to use for a stay anywhere until GCV is open. But you are allowed to make the reservation up to 7 months in advance for other properties.
The theory behind Dev. Pts. (as well as being an incentive) is that you'll have points that are valid for immediate stays since your regular points are not.

 

[forevercruising]

that's pretty consistent with how things have been done in the past. With SSR some buyers got 2003 UY points (resort opened May '04) while most didn't get their first points until the 2004 UY.

I'm pretty sure the same thing happened with AKV.

Thanks for reminding me that my situation is not new.

I have been so excited to buy VGC that I just got frustrated when I found out that I won't have points to go "home" as soon as it opens (without borrowing, that is!).

I appreciate the different viewpoints shared in this thread; they are helping to minimize my frustration.

 

[DVC4me4Ever]

I am just glad I have a June UY so I am able to grab some more 2009 points since all of my other ones are gone! I have no idea why June UYs get the points and the months prior to June do not....that is a Disney mystery to me!

 

[squidmo]

I am just glad I have a June UY so I am able to grab some more 2009 points since all of my other ones are gone! I have no idea why June UYs get the points and the months prior to June do not....that is a Disney mystery to me!

I'm thinking the cutoff point is related to banking deadlines- they won't give you points for use years where the banking deadline will have passed before the resort opens.

 

[Robo-Daddy 3000]

I'm thinking the cutoff point is related to banking deadlines- they won't give you points for use years where the banking deadline will have passed before the resort opens.

But now that the opening date is late September that's not the case anymore. I have a March UY and I have until the end of Oct to bank my points. I really should get my 2009 points and be able to bank them. I don't see why that would cause a problem.

 

[malonefamily]

But now that the opening date is late September that's not the case anymore. I have a March UY and I have until the end of Oct to bank my points. I really should get my 2009 points and be able to bank them. I don't see why that would cause a problem.

We were very concerned about wanting 2009 points, so we insisted on a June UY when we added on at GCV. This annoyed our guide since we have a 250 point SSR contract with a Feb. UY. "You'll lose points, you'll never keep it straight." etc. I didn't care, I wanted usable points now (since we were getting the cruise incentive and no developer points). At the moment it's great, since we didn't have to borrow more than a few points for our October trip to Disneyland... hope I don't regret it a few years down the road when I essentially have two completely unrelated DVC memberships to juggle.

I'd almost rather give up the SSR contract and get another June UY contract somewhere else before I'd give up the GCV, why that place isn't sold out is beyond me. Having stayed at the hotel several times, I can say without equivocation that it's by far my favorite DVC location-wise, and with a great theme too.