DVCMC has not attempted any applicable amendment. It is not sending out a written notice to ALL members, as required for an amendment, stating that DVCMC is now going to adjust points on the basis of different demand among sizes of vacation homes and thus, for example, can, in its judgment, raise all the points for a year in a studio and 1BR and lower them for 2BRs because, for no apparent reason, it believes that all room sizes are supposed to have relatively equal demand, a concept contrary to what any hotel or resort would believe is supposed to happen when it has both hotel rooms and 1BR and 2BR suites.
To make that amendment it would have to change the language of the Member Agreement to say it has the right to change not just on the basis of "fluctuations in use day demand," but also on the basis of "fluctuations in demand for the varying sized vacation homes." It would have to remove in reference to "another use day" for the changes. It would also have to change the maximum reallocation provisions, and amounts needed in that situation for trade-outs, because once you accept that DVCMC can continuously make changes by shifting 2BR points to studios until it gets relatively equal demand for both, you have to accept that the existing maximum reallocation numbers are meaningless and either have to be replaced or eliminated.
In other words, to do an amendment, DVCMC would have to create a written document, sent to ALL members, that would appear on the internet in numerous places, that screams: "when we sold you enough points to get studios and told you that changes could be made if there were seasonal variations, and any increases in a vacation home would have to be met by offsetting decrease in another season, we really did not mean that because we were really retaining the power to make any damn change we want to make."
DVCMC has not done that written amendment to ALL members. That would create a high risk of being something that could become internet famous among members and potentially noticeable by many who may consider purchasing in the future. And it would not just be something a disgruntled member is raising on the internet but instead something DVCMC expressly asserts in writing it can do now and in the future. That kind of amendment could have an impact on DVD's current program of charging enormous prices per point for a new resort, having high per night point costs, but getting large numbers to buy 50 or 100 points, so they can get just studios.
So, no, DVC has not chosen the upfront method of doing this via a written amendment (and I would still question its legality if it did) provided to every member. Instead, it has a chosen a backdoor method by first, in the last few years, changing the Product Understanding document given to purchasers, and now has issued new
point charts, and has its front-line personnel, who are dealing with this, act like DVC always believed it could make point changes among sizes of vacation homes. Now, we have active members raising the problems but this is not a universal thing. Most members likely do not even know there has been any change yet; that will simply happen over time and thus DVCMC keeps the battles fairly small at any given time, keeping the odds high that new purchasers will not learn of the dispute or its real impact on their decision to purchase, and allows DVD sales personnel to respond to potential purchasers, if they mention having seen complaints on the internet, that it is just some disgruntled purchasers raising things that do not really impact on the purchaser, and there really is no valid basis for the complaints being made.
