DVC T &C Personal Use - Only Thread to Discuss.

[Sandisw]

I think you fixed it with an edit already lol, but I think my meaning got lost in the replies, I was replying to your reply to someone else when they were mentioning the 6 month/3 time exception that HOAs could still make limits within.

I read it as there is no exception to let Condo Associations make rules for rental restrictions just less than 6 month or less than 3 times per year as well

What I read it is that the FL 718 amendment applies to DVC, which means DVC has to follow it....because there is no exception to the rule for condos.

The HOA's have to follow the FL 720 amendement UNLESS they are eligible for the exception.....if they are, then FL 720 does not apply to them......and they can do what they want.

 

[LoveToDisney]

….With MDE I can't have my name on 2 rooms or it is a freaking nightmare to get a MB to work…..

I always believed this and when I had two reservations in my name, one for myself and another for my sister and her family, I called and talked to MS because I was afraid one of the reservations would be canceled. They said keeping both reservations under my name and control was no problem. In MDE, one reservation would show but in tiny type under the first reservation there was a link to see “all reservations”. When I would click on that the other reservation would appear. I was easily able to make LL reservations and anything else in MDE as usual with my friends and family list.

 

[Genie+]

Going back to what @Brian Noble was saying, all Disney has to do is just enough to collapse rental demand. Cancel a few dozen reservation from the big players, and everyone will be afraid to rent in no time. The same would happen with any crackdown on walking.

They may also want to nip back down all the new spec rental arenas that popped up since covid. Not sure how they can accomplish that but I am sure they have been paying attention all along and have a way deeper grasp than any of us. None of this looks hasty. Looks multifaceted. Makes sense - best to just get this chapter over with and not drag corrections out in stages. Mousekeeping coming to tidy up!

 

[Tatebeck]

What I read it is that the amendment applies to DVC, which prevents DVC from further restricting rentals without the approval of owners and that owners who don't approvate don't have to follow BECAUSE there is no exception like with HOA.

The HOA who qualifies for the exception to the new FL720 amendement CAN make more strict rental rules without owners approval...

Yes this is how I read it. It got weird because its a lack of an exception applying to a law that is limiting what somebody can do. Like a double or triple negative

 

[Mouseforward]

I always believed this and when I had two reservations in my name, one for myself and another for my sister and her family, I called and talked to MS because I was afraid one of the reservations would be canceled. They said keeping both reservations under my name and control was no problem. In MDE, one reservation would show but in tiny type under the first reservation there was a link to see “all reservations”. When I would click on that the other reservation would appear. I was easily able to make LL reservations and anything else in MDE as usual with my friends and family list.

But the magic band would not let me into my room.

 

[Cyberc1978]

I think that is what he was showing....that the exception that HOAs can make more restrictive rules that all owners have to follow if they fall under the 6 month/3 parcel rule DOES not apply to Condo's.

Since there is no expection, then the terms of the amendent stand....they can't make it more restrictive without a vote and those that don't agree, don't need to follow.

The closest document that any owner is going to have to support that the new guidelines are more restrictive is the document from 2008....and even if they could have flagged owners at a threshold lower than 20, but have never did, if that action alone could be seen as the standard?

ETA: I am not passing judgement on whether or not owners would have legal standing to do this.

I don't know but my guesss is that the mega renters who have tons of points across many memberships will get snagged even IF they stayed at the 20 reservations if DVC applies it to all memberships the owner has instead of just individual ones...which is how a lot of these mega renters were flying below DVC's radar through LLC's, etc.

Could it be that Wyndham and Marriott is a HOA and therefore they can apply the more strict rental policy?

 

[LoveToDisney]

I always believed this and when I had two reservations in my name, one for myself and another for my sister and her family, I called and talked to MS because I was afraid one of the reservations would be canceled. They said keeping both reservations under my name and control was no problem. In MDE, one reservation would show but in tiny type under the first reservation there was a link to see “all reservations”. When I would click on that the other reservation would appear. I was easily able to make LL reservations and anything else in MDE as usual with my friends and family list.
Click to expand...

Mouseforward:
But the magic band would not let me into my room.

LoveToDisney response:
You have to stop at the front desk and let them assign your Magicband to the correct room and get a key card for the other room if you need access there.

 

[BeachClub2014]

Condominium Associations and Leasing Amendments

For condominiums, Section 718.110(13) of the Florida Condominium Act states that any amendment which prohibits a unit owner from leasing their unit, alters the duration of the rental term, or limits the number of times an owner may rent their unit during a specified period, only applies to those owners who take title after the effective date of the amendment, or those owners who consent to the amendment. There is no 6-month/3 times per year exception in the Condominium Act."

Since there is no expection, then the terms of the amendent stand....they can't make it more restrictive without a vote and those that don't agree, don't need to follow.

I read this to mean that DVC can change the rental rules as they see fit, but it then only applies to anyone who takes title (purchases) after the amendment or any current owner that agrees to the amendment. I don't think this law stops DVC from changing the rules, it just grandfathers current owners from the changes.

 

[TCRAIG]

But the magic band would not let me into my room.

MB will only work on 1 room - you need to ask for a room key card for the second room.

 

[Sandisw]

They don't now , kinda the issue.

About 1/2 my reservations are in a sisters or nephews name ( I am usually in my own room as I don't share) With MDE I can't have my name on 2 rooms or it is a freaking nightmare to get a MB to work.

Disney IT for the win again.

The reason it doesn't work once you get there is because you can't be checked in to two rooms at once.....all they need to do is uncheck you from the second room when you arrive, if you are still on it.

I do this all the time because I make reservations with me as lead guest and I don't always take myself off because when you do, they ask for all the new addresses and phones, etc.

It is just easier to handle it when I get there and adding the other guests I can do online before we go.

 

[Cyberc1978]

I read this to mean that DVC can change the rental rules as they see fit, but it then only applies to anyone who takes title (purchases) after the amendment or any current owner that agrees to the amendment. I don't think this law stops DVC from changing the rules, it just grandfathers current owners from the changes.

IF that’s the case then many mega renters would have nothing to fear since they been around for longer than 2021

 

[Mouseforward]

The reason it doesn't work once you get there is because you can't be checked in to two rooms at once.....all they need to do is uncheck you from the second room when you arrive, if you are still on it.

I do this all the time because I make reservations with me as lead guest and I don't always take myself off because when you do, they ask for all the new addresses and phones, etc.

It is just easier to handle it when I get there and adding the other guests I can do online before we go.

Yeah, I just go to the desk as well. I usually make sure I’m the first one there and I was trying to fill the fridge with some basic supplies and refillable mugs for them before they arrived and that’s pretty much impossible at Riviera. I had to check myself out of the second room and put my sister as lead at the front desk.

 

[Tatebeck]

IF that’s the case then many mega renters would have nothing to fear since they been around for longer than 2021

But the rules against commercial activity were all there as well. So they cannot limit the number of rentals specifically or outlaw renting completely, but they, per the original contracts, are still able to determine the point at which renting leaves the "personal" realm and enters the "commercial" realm, which has been in the rules the entire time

 

[Tatebeck]

Interestingly because DVC is a points based system I think they could still apply limits in a roundabout way. They cannot ban rentals altogether since they were allowed when the new law went into place. They also cannot specifically put a hard limit on the number of rentals a member can do. They can currently only say that they felt that the member entered the realm of "commercial" activity.

Upon reading that florida law, I think that DVC could still put a limit rentals by limiting the percentage of points a member rents (either in one year or the average over a number of years) that then passes them into that "commercial" realm.

The percentage itself does not limit the number of reservations. A member would be limited by their points. If you buy more points, you can rent more reservations. DVC isn't limiting your number of rentals, you are by not buying more points

 

[Sandisw]

I read this to mean that DVC can change the rental rules as they see fit, but it then only applies to anyone who takes title (purchases) after the amendment or any current owner that agrees to the amendment. I don't think this law stops DVC from changing the rules, it just grandfathers current owners from the changes.

Good catch!

So, if DVC wanted to do this, they could make stricter rules for owners who bought after June 2021.....or ones that agree....

But, all amendents to the POS must be voted on if it is a material change...and rental limitations would seem like it would...so owners would have to be given something beside "frequently or regularly"

Which makes me think that DVC will just do what they have always done and not actual try an amendement.

 

[BeachClub2014]

Good catch!

So, if DVC wanted to do this, they could make stricter rules for owners who bought after June 2021.....or ones that agree....

But, all amendents to the POS must be voted on if it is a material change...and rental limitations would seem like it would...so owners would have to be given something beside "frequently or regularly"

Which makes me think that DVC will just do what they have always done and not actual try an amendement.

Who knows!?! I was picking up on the piece regarding any new amendments that apply to owners who take title after the amendment becomes effective. That piece is quite different from the common understanding here on Disboards that DVC cannot, according to this law, change the rules related to renting. IANAL, but it certainly appears to me that they can.

 

[Cyberc1978]

But the rules against commercial activity were all there as well. So they cannot limit the number of rentals specifically or outlaw renting completely, but they, per the original contracts, are still able to determine the point at which renting leaves the "personal" realm and enters the "commercial" realm, which has been in the rules the entire time

That’s correct unless as @Sandisw mentioned as the old 20 reservations rule which ONLY triggered a review if you had more than 20 reservations could be seen as a standard since DVC did not enforce it

 

[Mouseforward]

Who knows!?! I was picking up on the piece regarding any new amendments that apply to owners who take title after the amendment becomes effective. That piece is quite different from the common understanding here on Disboards that DVC cannot, according to this law, change the rules related to renting. IANAL, but it certainly appears to me that they can.

it would stop the strip and sell group. But most mega point renters have old pre restriction contracts from the sub $100 a point days of DVC .

 

[Sandisw]

Could it be that Wyndham and Marriott is a HOA and therefore they can apply the more strict rental policy?

I don't know but I am not even sure what limitations to rentals were made since 2021....because that is when this law went into effect it.

I posted the info I saw about what their commercial use prohibition policy is:
Guest certificates for a large % of your points
Lots of guests certificates year after year,
Speculative rentals...meaning many reservations are canceled close to the 15 day check in.

 

[Tatebeck]

That’s correct unless as @Sandisw mentioned as the old 20 reservations rule which ONLY triggered a review if you had more than 20 reservations could be seen as a standard since DVC did not enforce it

Once again, it did not say that they only can trigger a review after 20 reservations. It just guaranteed that they would do a review after 20 reservations, while not saying that they were restricted in doing reviews in any other cases.

Those are 2 similar sounding yet very different things.