Walt Disney World Adds Overnight Parking Fee, DVC Exempt applies to resale?

[rothesay]

I just saw on another site that Disney will be charging overnight parking fee for guest stays. However, DVC members are exempt.

Does anyone know if the fee waiver for the parking fee will be applicable to resale owners who does not own any direct points? Thanks!

"Effective with reservations made March 21, 2018 and after, Walt Disney World will charge parking fees to guests staying at its resort hotels. Costs vary by resort category with Value Resort guests charged $13 per night, Moderate guests $19 and Deluxe and Deluxe Villa Resort guests $24 per night.

These fees apply to overnight parking only. Day guests will receive complimentary parking when visiting Disney resorts for dining, shopping, entertainment or recreational purposes.

Additionally Disney Vacation Club owners are exempt from all self-parking fees when using their points or paying cash to stay at a DVC resort or points for a Walt Disney World hotel:

Members will not be charged for standard overnight self-parking when staying at a DVC Deluxe Villa, regardless of whether they use vacation points or another form of payment. Members also will not be charged to park when using vacation points to stay at a Walt Disney World Resort hotel."

 

[_auroraborealis_]

Officially, it's a mystery, but the supposition is that if booked on points, the parking fee will not apply.

 

[KAT4DISNEY]

Parking lot maintenance is part of the annual dues that are paid by all owners. Everyone pays them so they cannot restrict different groups or resale buyers like they can with perks etc that are not specifically paid for thru annual dues.

 

[zavandor]

And there is the precedent of Aulani and GCV where everyone staying cash pay for the parking, but owners and even renters staying on points do not (two parking passes per room). The same should apply at WDW.

 

[pineapplepalms]

And there is the precedent of Aulani and GCV where everyone staying cash pay for the parking, but owners and even renters staying on points do not (two parking passes per room). The same should apply at WDW.

We just stayed at VGC on our points this month and had a car - we were not charged for parking and were not given a parking pass. There was someone at the entry booth confirming we were staying there in order to park in the lot, and supposedly we needed our room key to exit the lot on checkout day but the bar just opened without it. I wonder if they'll standardize how they handle the parking in terms of parking passes since different people seem to have different experiences.

 

[ziravan]

By Florida Law, use of common elements (parking) must be available without additional fees (they can charge for valet for example, but must still have free parking available) to owners, guests and leasees (renters) of owners in their stead (which only means that both the owner and his tenant aren’t entitled to use at the same time - a renter using BCV pool, for example, doesn’t entitle the owner of the points to use it too - unless he’s also staying on points).

In addition, use of common elements, by law, must convey with the deed.

Disney can’t charge owners, guests, renters, or resale buyers (staying on points) to park.

It’s the law.

Disney has decided that owners staying on cash in DVC resorts or on points in the concierge collection is too gray an area and not worth a fight - they’ve extended free parking to DVC members there as well.

My guess is that they can - and will - charge the parking fee to RCI reservations unless the RCI owner is a DVC member as well.

 

[ziravan]

Light reading: Florida Condo Law

http://www.ccfjfoundation.net/condo718statutes.html



718.106 (4) says renters are included.

718.106 (2(b)) right to transfer use of common elements to other owners. (Can’t be restricted via resale). (See also 718.107 below):



The right to use of common elements (in this case parking) cannot be legally separated from the deed upon sale.

 

[_auroraborealis_]

Parking lot maintenance is part of the annual dues that are paid by all owners. Everyone pays them so they cannot restrict different groups or resale buyers like they can with perks etc that are not specifically paid for thru annual dues.

There is an option to remove that line item from dues, though. Kind of like how my municipality took streetlights out of property taxes and now pay for them via "use fees." There are not deeded parking spots, as with many condos, and park g is simply "designated" as common right now. The contracts state explicitly that common elements can change over the 50 year term.

 

[ziravan]

There is an option to remove that line item from dues, though. Kind of like how my municipality took streetlights out of property taxes and now pay for them via "use fees." There are not deeded parking spots, as with many condos, and park g is simply "designated" as common right now. The contracts state explicitly that common elements can change over the 50 year term.

But Florida Condo laws define common elements as non-unit parts of the master declaration. At least on my Poly deed, both parking lots, the main lot and the DVC lot, are part of the declaration. Both are common elements in which DVC owners have a non-exclusive easement to use.

In addition, the Poly declaration specifically grants owners a non-exclusive easement to Poly parking lots, with two reservations:

1. DVC can assign parking (which they do for disability parking - and could go so far as to assign by room if they so choose), and 2. DVC can charge, either as a shared expense or by fee, for valet parking.

DVC cannot use all parking spaces for valet because that would remove the easement granted to owners.

I would disagree with you. Parking spaces are deeded. Maybe not specific spaces (although they could do that), but the right to access parking to a non-exclusive degree is a non-separable part of the deed.

I concede that it’s possible that WDW could remove parking lots from Poly altogether and replace those common elements with something else. But they’d have to do just that: remove all parking lots from Poly. So long as Poly has parking lots within the master declaration that currently includes both lots, owners have the non-exclusive right to use those spots.

 

[ziravan]

But Florida Condo laws define common elements as non-unit parts of the master declaration. At least on my Poly deed, both parking lots, the main lot and the DVC lot, are part of the declaration. Both are common elements in which DVC owners have a non-exclusive easement to use.

In addition, the Poly declaration specifically grants owners a non-exclusive easement to Poly parking lots, with two reservations:

1. DVC can assign parking (which they do for disability parking - and could go so far as to assign by room if they so choose), and 2. DVC can charge, either as a shared expense or by fee, for valet parking.

DVC cannot use all parking spaces for valet because that would remove the easement granted to owners.

I would disagree with you. Parking spaces are deeded. Maybe not specific spaces (although they could do that), but the right to access parking to a non-exclusive degree is a non-separable part of the deed.

Regardless if I’m right or wrong about the law (I’m not), WDW has instituted a policy of not charging DVC that follows the logic of the law.

Just as with Aulani, that will extend to owners, guests, and renters staying on points.

Maybe they’re not charging us as a “perk”.

More likely, the lawyers told the bean counters that their plans had a pretty huge flaw. . .