In the same boat. Is there some kind of audit to make sure they are only selling what they actually own and not members rooms?
There is no audit I am aware of, and the issue is not ownership of particular rooms. DVD and the members for a sold out resort are combined owners of all rooms, i.e., any room you might get is also a room DVD might get to rent. It is more a percentage issue. For example, assume members own 96% of all reservation time for all the rooms. Absent any trade outs, foreclosures, or other actions that give some more of that percent to DVD (which happens often), the members for any given point in time can reserve 96% of the reservation time for the rooms and DVD 4%. If the members have booked their 96% for any given day, DVD still gets to rent 4%.
Moreover, the DVC point sale and reservation system can skew days of the week, type of rooms, and create variances throughout the year. For example, at every resort (other than CFW which has only 1BRs) studios are essentially oversold (legally), Moreover, at CCV that includes 2BRs because most of those points applicable to the cabins at CCV were sold to members buying far fewer points to just get less point-expensive rooms, thus creating more demand for those less costly rooms than it takes to fill them for a year. Result: the cabins are often open even at 60 days out while studios and even 2BRs can sometimes disappear close to 11-months out, and DVD still gets to reserve its 4% of the daily time for those rooms throughout the year. Moreover, you get times of year, like in the Fall, where member demand exceeds demand during other times of the year with the result that rooms that can be reserved by members fill quickly in the 11-month window but DVD still gets its 4% of the reservation time for the same dates. Same can happen for just a special event day, such as Moonlight Magic, where that day fills for DVC members but days around it remain open and DVD still gets to rent its share of that day to the public..
Then you have the 60-day rule where anything open at 60 days or less out can be rented by DVC. But that is not actually a 60-day rule because the statute that covers the issue provides that the developer/owner can actually anticipate, well in advance based on historical reservations, what type and how many rooms will likely be open when that 60-day period arrives and do reservations
before that 60-day period begins for rooms deemed likely to be open at 60-days out.
