The language for the term "Use Year" is different in the DVC Membership Agreement for the Riviera and Copper Creek then it is in the original versions of some older resorts, such AKV and BLT.
Originally, I thought the Flexible UY concept might allow a Member to have deeds with different Use Years in one Member account. Now, after reviewing the new language for the Riviera and Copper Creek, I'm beginning to believe that Units and their assigned points will no longer be committed to a single Use Year for the life of the resort. Basically, this flexibility may allow DVD to assign a Use Year -- any Use Year -- as it draws points from a Unit. In theory, a Unit could have all eight Use Years represented by its points.
Of course, maybe by tomorrow I'll come up with another idea what Flexible Use Years might mean. So don't believe anything I say on this subject.
By the way, a Unit's Use Year is not part of the declaration. Also, I'm surprised that any deed, including resale deed, doesn't show a Use Year. I can't remember the last time I noticed a resale deed that didn't show the Use year.
Well today I decided to "curl up by the fire with a glass of wine (tea for now) and the membership documents - as recorded in the OCC Master Declarations. I suppose some of this language may have already been revised over the years. But It is interesting to see the iterations of the language defining "Use Year" over the years and resorts.
- OKW started us off simply defining when the UY for a given ownership interest begins -in the month following the month of a given Unit's declaration to the condominium.
- BWV and BRV had the most restrictive language stating that all ownership interests in a given unit shall have the same UY and that any ownership purchased to supplement an existing ownership must have the same UY it supplements.
- Then BCV dropped the supplemental ownership language. BCV's master declaration also had different formatting as though it were prepared by a different agency/firm.
- Then SSR, AKV and BLT had identical language allowing different UY's within a unit and stating any supplemental ownership interests may be in the same UY as existing.
- Then VGF and PVB went minimalist stating only that DVD sets UY month - no language related to Unit UY's or supplemental interests
- Lastly CCV and DRR have identical definitions, also minimalist (DVD sets UY month) except adding that "There may be different UY's for ownership interests in the same unit".
As
@wdrl points out, the notion of "Flexible Use Year" hinges on the definition of Use Year, and there are a bunch of them. My guess is the CCV and DRR language is the new standard for "updated Membership Agreement documents" as it allows DVD to set UY and does not tie a Unit to a given UY. If that is correct the biggest change will be to language at BWV and BRV as I indicated above. Attached is a summary I jotted down as I went through the declarations comparing the definition of Use Year in each resort's DVC Membership Agreement (emphasis mine).
Old Key West: States "Use Year shall mean the twelve month period beginning on the first day of the month following the month in which the Unit in which a Club Member owns an Ownership Interest is
declared by DVD as part of the condominium." No language as it pertains to supplemental ownership interest Use Year.
Boardwalk: DVD designates the UY month. States "All ownership interests in a given unit
shall have the same Use Year" and "Any ownership interest purchased to supplement a Club Member's existing ownership
must have the same Use Year as the ownership it supplements."
Boulder Ridge: DVD designates the UY month. States "All ownership interests in a given unit
shall have the same Use Year. "Any ownership interest purchased to supplement a Club Member's existing ownership
must have the same Use Year as the ownership it supplements."
Beach Club: States "Use Year shall mean the twelve month period beginning on the first day of the month following the month in which the Unit in which a Club Member owns an Ownership Interest is
declared by DVD as part of the condominium." No language similar to older agreements as it pertains to supplemental ownership interest Use Year.
Saratoga Springs: DVD designates the UY month. States "All ownership interests in a given Unit
may have the same Use Year" and "Any ownership interest purchased to supplement a Club Member's existing interest
may have the same Use Year as the interest it supplements".
Animal Kingdom: DVD designates the UY month. States "All ownership interests in a given Unit
may have the same Use Year" and "Any ownership interest purchased to supplement a Club Member's existing interest
may have the same Use Year as the interest it supplements".
Bay Lake Tower: DVD designates UY month. States "All ownership interests in a given Unit
may have the same Use Year" and "Any ownership interest purchased to supplement a Club Member's existing interest
may have the same Use Year as the interest it supplements".
Grand Floridian: DVD designates UY month. No language similar to older agreements as it pertains to Unit Use Year or supplemental ownership interest Use Year.
Polynesian: DVD designates UY month. No language similar to older agreements as it pertains to Unit Use Year or supplemental ownership interest Use Year.
Copper Creek: DVD designates UY month. States "There
may be different Use Years for Ownership Interests in the same Unit." No language as it pertains to supplemental ownership Use Year
Riviera: DVD designates UY month. States "There
may be different Use Years for Ownership Interests in the same Unit." No language as it pertains to supplemental ownership Use Year
Bill
