I guess a question to ask is are you seeing a large number of Christmas week rentals for rooms that are actually hard to get if a member attempts to reserve at 11-months out for Christmas time, particulalrly: AKV value and club level studios and 2BRs, BWV standard and boardwalk view studios and 2BRs, BLT standard view studios and 2BRs, VGF studios (but not the Resort Studios), CCV studios, OKW GVs in the near Hospitality House booking category, and. If not, then it appears there would be no real issue to possibly raise, because other rooms at WDW resorts are usually available as long as you book at 11-months out, i.e., unless the reservations are for those rooms, any renters are likely not preventing other members from getting a desired room at 11-months.
The Public Offering Statement for each resort expressly provides that members can "lease" (rent) reservations in the definition of allowed "personal use." The reservation rule is strictly first come first served, and the POS warns that if you delay beyond the given start times for making a desired reservation, you may not get it. Charging fees for making a reservation is legally allowed only if the the POS expressly provides that fees may be charged. The DVC POS of each resort allows such charges only for trade-outs when a member uses points to reserve a non-DVC resort.
Thus, rentals are not prohibited and members cannot be charged for making any reservations at DVC resorts, and DVC cannot create any rule that would provide that such renting members cannot do a reservation right at 11-months to favor those not renting.
The POS prohibits a member from owning DVC for a "commercial purpose." Thus, the only remedy DVC has to possibly prevent a member from reserving to do rentals is to find a violation of that rule. But since renting is expressly allowed in the definition of personal use, members doing rentals even to sometimes make a profit, in and of itself, cannot possibly be a violation of the commercial purpose rule. That commercial purpose rule is designed to prevent members from being in the business of doing rentals, an interpretation supported by the POS's repeated mention of "commercial" units in the POS which are units used for the purpose of doing business, such as restaurants and stores. That is actually an interpretation DVC itself has previously shown it agrees with. In 2007, in response to a rental problem that developed because there were members using many thousands of points to reserve at 11-months out (and then offer for rent on the internet), many hard to get reservations at hard to get times, particularly, at the time, for the first two weeks of Dec and Christmas week, DVC issued a rule interpretation to all members which provided that, though a member could rent, if any member made more than 20 reservations per year, the member would be presumed to be violating the commercial purpose exception, and could not make more reservations in the year unless the member established the 20 rentals were all for personal use.
