DVC Owner Legal question

[DOrlo]

So I have a legal question that I've always wondered but haven't tested yet. Since as a DVC owner, you legally own a piece of your home resort. Can Disney ever legally deny you access to your home resort? A scenario that I'm talking about is, say that you don't have a room reservation or a dining reservation. You just want to go to your home resort for any other reason that doesn't have a reservation system (shopping, use the pool, go to the bar, just walk around, etc), can the gate security at the gate legally deny you access to that resort? As an owner, we pay a part of all the expenses at the resort including all the amenities. I do realize there are always ways onto property without driving through the front gate (bus system, monorail, boats, and skyliner) but for whatever reason you can't drive onto property through the front gate. It's almost as though, they just don't want your car there. Pre COVID this was not an issue at most resorts (except probably at Magic Kingdom resorts) but Post COVID, the gate security won't let you drive onto the resort without some sort of reservation. Is there something in our contracts that states that owners are not allowed on property without a reservation? Anyone have any insight on this?

 

[erionm]

Yes, a security guard can deny you access to park at the resort if you are driving and don't have a reservation (room or dining). They will not deny you access if you arrive by Disney transportation.

 

[tjkraz]

There are people better qualified than me to go over the legal specifics.

Suffice it to say that being "owners" doesn't give us unlimited rights to do whatever we want, whenever we want. Disney has to give some consideration to protecting the experience of those who are actually registered guests at the resort. I wouldn't be thrilled if I pulled up to Bay Lake Tower or Boardwalk in a car loaded with luggage, and was told that there's no room for me to park because 300 others played the "I'm an owner so I can park here whenever I wish" card.

Both before covid and after, parking was rigidly monitored at many DVC locations. Those that are most strict include the monorail resorts, Epcot resorts and Riviera. Riviera wasn't open for long before Covid but accessibility of the Skyliner makes it a target for people who want easier access to two theme parks. Same is true of BLT, Poly, VGF, BWV and BCV.

If you don't have a room reservation or a dining reservation and want to visit a resort, best to plan on parking at one of the theme parks and use Disney transportation to access.

 

[Disneycouple99]

Also, cannot use the pool unless you are a registered guest.

 

[Sandisw]

The POS specifically says we have no legal right to access the property simply because we are owners…we have access to resort amenities when we are booked at the resort.

So, yes, they can keep you from the property unless you meet the rules required to be there,

From RIV.

 

[we"reofftoneverland]

So I have a legal question that I've always wondered but haven't tested yet. Since as a DVC owner, you legally own a piece of your home resort. Can Disney ever legally deny you access to your home resort? A scenario that I'm talking about is, say that you don't have a room reservation or a dining reservation. You just want to go to your home resort for any other reason that doesn't have a reservation system (shopping, use the pool, go to the bar, just walk around, etc), can the gate security at the gate legally deny you access to that resort? As an owner, we pay a part of all the expenses at the resort including all the amenities. I do realize there are always ways onto property without driving through the front gate (bus system, monorail, boats, and skyliner) but for whatever reason you can't drive onto property through the front gate. It's almost as though, they just don't want your car there. Pre COVID this was not an issue at most resorts (except probably at Magic Kingdom resorts) but Post COVID, the gate security won't let you drive onto the resort without some sort of reservation. Is there something in our contracts that states that owners are not allowed on property without a reservation? Anyone have any insight on this?

Yes, we were denied entry to RIV and we are owners.

 

[_auroraborealis_]

You are fractional owners. So your usage rights only apply when applying the fractional ownership. And your fractional ownership does not include the commercial spaces.

 

[EdnaMarieMode]

Others have covered it, but I’ll add:
-not allowing someone to park somewhere is not the same thing as not allowing someone to be somewhere. You are welcome to use Disney transportation to get to the resort.
-the main pool, shopping, and bar do not belong to DVC. Using the main pool specifically requires you to be a registered guest but shopping and eating do not.
-well before Covid we were not allowed to park at BC on the evening we planned to stroll the boardwalk. We were staying offsite for a work trip and my husband wanted to show me BC (where he is an owner) and the boardwalk and we were given instruction to park at a park and walk/ use Disney transportation. This was in 2015.

 

[_auroraborealis_]

Your dues pay for fractional use of the parking lot that attaches to your point use. It doesn't mean everyone gets a parking space all year.

 

[CarolynFH]

the main pool, shopping, and bar do not belong to DVC.

DVC members do pay for maintenance of the main pool in the proportion that’s allocated to DVC vs. the cash hotel side. In DVC-only resorts like SSR, they pay all of it. So it’s like the parking lot - it’s a “common area” and DVC owners there own a fractional part of it. Shopping, restaurants and bars are carved out as “commercial space” that DVC owners have no rights over.

 

[EdnaMarieMode]

DVC members do pay for maintenance of the main pool in the proportion that’s allocated to DVC vs. the cash hotel side. In DVC-only resorts like SSR, they pay all of it. So it’s like the parking lot - it’s a “common area” and DVC owners there own a fractional part of it. Shopping, restaurants and bars are carved out as “commercial space” that DVC owners have no rights over.

I understand this, but “pay for maintenance” or “own a fractional part” doesn’t mean “own.” In any case, as PP indicated, fractional ownership only applies when you are applying that fractional ownership.

 

[CarolynFH]

In any case, as PP indicated, fractional ownership only applies when you are applying that fractional ownership.

Yes, that's the important part. Being an owner of a given resort does not entitle us to use those facilities - parking lot or pool - unless we're a guest at that resort at the time.

 

[DonMacGregor]

Yes, you can use the resort and parking lot at any time, based on your points total. For me, I own 500 points at BRV. Since BRV has a total of 1,961,969 points, I own 0.0255% of the resort. That means I can stay at the resort for exactly 133.9471 minutes per year, based on my equitable share of ownership.... I need to use my two hours wisely...

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