What specific provisions of the POS dictate this? Are there specific terms in the Master Declaration that prevent DVC or TWDC/Affiliates from pooling points and reselling the beneficial ownership? Is so, where?
The units declared into the POS must be available to all owners every day and only owners of those units can book them during the home resort period.
So, they exist as resort property as part of the current condo association.
Thst means they exist in one association and there is language that indicates they can’t exist in another plan. Thst is one piece that I think supports they can’t put a fractional ownership of one unit into another.
In addition , read the terms of the trust documents and how that is set up. The FL statues do discuss selling timeshare estates and trust use plan.
As a developer, they are allowed to add property to the trust and must define the property. Thst property then must be activated for sale as part of a trust use plan, and that is what they are selling…access to units that are there for booking by owners of that specific plan.
An example. if they own .00% of Unit 11 in VGF. Thst unit includes 101 rooms. So, what actual property would get added to to trust?
Those rooms can’t be split since they are part of the VGF condo association and sold that way.
That is why I do not read it that they can add a fractional share of the unit because they can’t pull actual rooms to represent their ownership.
Look at how they activated the current 30 cabins. It said how many points and then tied it to the specific resort maps.
So, it’s all of those pieces that would prevent them from adding a unit from a sold out resort thst they don’t have complete ownership of at this point, at least from how I am reading it all.
ETA: Now, any units at a resort that had not yet been declared into the current vacation plan in a resort can be moved without issue. Bit having the same inventory sold in two different vacation plans doesn’t match the wording of our POS…and the way the leasehold condo was set up.