The Top of the World Lounge —TOTWL for short — and the contiguous Observation Area were the last pieces of real property at Bay Lake Tower to be declared into the resort's Condominium Association. In August 2011, after the declaration was recorded by the
Orange County Comptroller, I
wrote an article stating that “100% of BLT Declared” and that TOTWL is “considered part of the common area belonging to all Bay Lake Tower owners.” The first statement is true but the second statement is not entirely correct.
TOTWL and Observation Area on the 16th floor were declared by Disney as a commercial unit for the Bay Lake Tower condominium. But they were not declared for the timeshare plan for Bay Lake Tower. This is the same approach followed for dining and retail spaces at all
Disney Vacation Clubresorts. The original Public Offering Statement for Bay Lake Tower stated TOTWL and Observation Area were not accommodations or facilities of the Vacation Ownership Plan, as those terms are defined by the Florida Statutes, Section 721.05.
As such, the Bay Lake Tower DVC members have no ownership interest in TOTWL and Observation Area, or in any commercial unit at the resort. Furthermore, DVC owners do not derive any revenue from commercial units.
Since TOTWL and Observation Area are not part of the timeshare plan, Disney can, at its discretion, restrict access to those DVC members who qualify for Membership Extras, i.e.., the blue membership card.