From BCV Declaration of Condominium:
Section 6.4: “Membership in the Disney Vacation Club, being a Common Element, is an appurtenance to each Ownership Interest, which is conveyed by virtue of the execution and delivery of a deed, in accordance with and subject to the terms of this Declaration, the Membership Agreement, and the DVC Resort Agreement. Upon recording of the deed, the Club Member is automatically entitled to enjoy the services and benefits associated with membership in the Club.”
(It goes on to say terms and conditions of Home Resort Reservation Component are set forth in and governed by the Membership Agreement. Same for the DVC Reservation Component to DVC Resort Agreement.)
Exhibit H DVC Resort Agreement:
1.7 “Club shall mean the Disney Vacation Club. The Club is not a legal entity or association of any kind, but rather is a service name for the services and benefits appurtenant to and the restrictions imposed upon the use and enjoyment of Ownership Interests. These services presently include, among other things, the operation of a central reservation system consisting of the reservation component for the Vacation Ownership Plan and the DVC Reservation Component.”
Also from Exhibit H DVC Resort Agreement:
(Section 6.1 is the “substantially similar” clause)
Section 6.2.c: “In the event other resorts are associated as DVC Resorts, the addition of the DVC Resort will result in new Club Members who will have the opportunity to make reservations for the use of Vacation Homes and related facilities through the DVC Reservation Component under the same terms and conditions as existing Club Members, including the Club Members at Disney’s Beach Club Villas, and may also result in an increase in the Annual Dues assessed against each Ownership Interest. If other DVC resorts are associated, demand for use may vary among the various DVC Resorts and the level of Club Member demand for a particular DVC Resort may increase over the level of use demand that existed at the time of purchase by a particular Club Member such that the ability of a Club Member to reserve use at a high demand DVC Resort at a particular time may be impacted. However, new Club Members’ reservation requests will also be subject to the Home Resort Priority Period for each DVC Resort, and in no event shall the addition of a DVC Resort result in a greater than “one-to-one purchaser to accommodation ratio,” as that term is defined in Section 721.05(23), Florida Statutes. In addition, the inclusion of new resorts as DVC Resorts will afford existing Club Members with more DVC Resort Vacation Homes and location reservation opportunities and options.”
Section 6.2.d: “BVTC does not anticipate that the rules and regulations governing reservations among the DVC Resorts will be affected by adding additional resorts as DVC Resorts. However, BVTC has reserved the right to amend the Disclosure Document and DVC Vacation Point schedules to take into account the location and anticipated relative use demand of the added DVC Resort as may be necessary and as it deems necessary or desirable in order to enforce the provisions of this Agreement and the Disclosure Document as permitted under Applicable Law.”
(Bold emphases mine)
Here are my interpretations and concerns:
1. Related to the first bold statement of 6.2.c, new club members who purchase Riviera will not have the same terms and conditions as existing club members. I suspect Disney would say that since they imposed restrictions on post-1/19/19 resale buyers as well as Riviera resale buyers, that is the same. I’m not sure it is though, because that is dependent on Riviera’s Resort Agreement and the BVTC Amendment regarding Riviera Resort specifically, not other Resorts.
2. Related to the second bold statement, this is interesting to me because it seems to say that grandfathering prior resale buyers is not just a courtesy; they had to allow all existing members access to the new resort. I think it also implies that since I’m buying resale post-1/19, I don’t have access to Riviera (per that Resort Agreement and Amendment), but for future resorts I will be an existing member by then and should be entitled to those opportunities.
I’m also curious about the “one-to-one purchaser to accommodation ratio” mentioned in 6.2.c, but haven’t had a chance to look up the Florida Statute to see exactly what it means.
3. So 6.2.d is where BVTC reserves the right to amend the Disclosure Document (and within section 6 which refers to adding new DVC Resorts in particular), but I bolded the last part because while BVTC operates under its Disclosure Document, it is also bound by the provisions of our Resort Agreements. I think this places a limit on what types of changes they can make at will.