- in 3.4, point g where they say they can change the Home Resort Rules and Regulations document. The HRR&R document deals with booking procedures, banking and borrowing, point charts cancellations, wait lists. Did you know this states they can create a Preference lists that can override the first-come-first-serve booking system, i.e create a VIP system?
- in 4.2.b where they say they can increase or decrease the home resort priority period, but it must be at least one month
- in 4.3, they can increase or decrease the breakage period, but no more than 90 days
- in 4.6, they can limit the ability to bank and borrow (this will probably come into force when the resort expiration date will near)
- in 7.2 where they say they can amend the Exhibit G and the HRR&R. Any change has to be notified to the members either direct (mail, email, fax...) or via a newsletter
Every one of these clauses is potentially more problematic and costly for owners than the current changes. In addition to the above, DVMC could:
- Charge everybody fees (throwing in a surcharge for us troublesome foreigners). Instead of the lock-off premium hotly discussed here, would a booking fee/modification fee/non-home resort booking conversion fee/cancellation fee have been more acceptable or preferable?
For Ownership Interests owned by Members outside of the United States, the Management Company reserves the right to charge a surcharge in an amount set by the Management Company from time to time to cover the added costs for postage, personal delivery, increased frequency of and costs associated with long distance and/or international communications, deliveries and so on. [Paragraph 7.b.(2) of this Public Offering Statement]
- Run the resort to the ground and/or remove most of the amenities that make the resorts valuable. There's not much owners can do about it. Volunteer to pay more annual dues?
There is no guaranty that any portion of the Grand Floridian Resort & Spa (including restaurants, bars and other hotel amenities) or the existing monorail system will continue in operation and The TWDC Companies shall be entitled to cease or modify operations of any portion(s) of the Grand Floridian Resort & Spa at any time. Do not purchase an interest in the Grand Floridian Villas in reliance upon the continued operation of the Grand Floridian Resort & Spa. [Paragraph 5.f.(2) of this Public Offering Statement]
- Eradicate the option of exiting with minimal financial impact, which
DVC owners currently enjoy.
Owners attempting to resell or rent their Ownership Interests would have to compete, at a substantial disadvantage, with DVD in the sale or rental of its Ownership Interests. The many restrictions upon the use of an Ownership Interest may adversely affect its marketability or rentability. [Paragraph 7.d. of this Public Offering Statement]
Anything could happen in a timespan of decades. Disney could decide to sell the entire DVC department for a huge profit. Or Disney could go bankrupt in which case no contract in the world offers the owners/creditor satisfactory compensation (unlikely. But a risk to be factored in).
It's understandable for people to be intellectually aware of the potential risks, but nevertheless genuinely surprised and wounded when adverse outcomes happen. This doesn't mean that legal action is justified or likely to yield results though. DVMC should be able to offer plausible explanations such as the ones
@Dean and others outlined, and defend the current changes with ease.
Th
e potential and power for DVMC to do much, much worse has always been there. IMO what's more pertinent for every owner who is unhappy about these changes is to reassess if the DVC discount is worth the risks.