It is a simple issue of common expenses.The common expenses covered in annual dues include the cost of front desk and bell services personnel (our DVC's share of such costs if the resort is a combined hotel and DVC resort). If you are charged annual dues for a service within the common expenses, you cannot be liable for any additional charges for such services, Fl Stats 718.119(1). Those employees are paid an hourly wage and thus dues for those employees services are likely determined on the estimated number of employees times their hourly wages (plus benefits) for the year. If those employees are delivering groceries or luggage, or doing anything else, they get paid the same, so there is no additional cost incurred by Disney upon which to base some "extra" service charge for those employees taking in and delivering grocery orders. If Disney were to hire someone separate just to deliver those groceries and not include the wages and benefits of that employee in dues, it could charge the service fee, otherwise it cannot. That would be the way it could assert that it is an incidental benefit for which it can make an extra charge, but its current claim that it is an incidental benefit is incorrect unless Disney and not your dues are covering the employee costs, because by definition an incidental benefit must be something for which the costs are not covered by dues, Fl Stats. 721.075(1)(b).
It is not even an issue of whether the extra money goes to offset dues because it is a fee that cannot be charged in the first place, but not having it offset dues and just going to Disney as profit just makes it more improper. Based on what we have seen in the last several months, this is just one more example of Disney's current belief that it can do whatever it wants to members regardless of any legal or contractual limitations.
This is far different from additional housekeeping services. Your housekeeping dues are based on charges for replacement items and cleaning services to be provided on the usual DVC schedule for such services. The extra fees for additional services are thus both something not charged in dues and something for which new purchasers are informed there will be a fee in the official documents provided at the time of sale, a fact that is important to determining whether extra fees can be legally charged, Fl. Sats. 718.111(4)