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- Nov 15, 2008
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Just a point, and I could be wrong in my reading, the units are activated into the trust and thr points they add are determined then.I have no doubt the trust offers some additional layer of flexibility for DVC, but I still think it's likely very minor given the completely control the HOA's and trading program for the more traditionally deeded resorts. I think the trust likely gives them a lot more prospective flexibility rather than retrospective flexibility (i.e. I don't think they went this route to make it easier to change things after the fact, I think it allows them more flexibility for each new resort/unit/product they want to launch).
As regards the "percentage of ownership" I think they have effectively the same restrictions. The points in the trust are created by assigning a specific point value to each unit they put into the trust. They can't just up and change that value for an already contributed unit (which means, for already contributed units they are still restricted in re-allocations such that over the year they have to still total to the value of the unit as contributed.
Now, as @Sandisw pointed out, they could set up a whole separate plan and contribute units to that plan at a new value. They could do this for a new tower like reflections, but I don't think there's anything stopping them from doing this at CFW....the could designate each "loop" as a separate plan and ascribe different values if they wanted to (up until they actually contribute units into the trust). But again, this is more about prospective flexibility and less about being able to change the rules after something is already contributed and/or sold (in my view).
I actually don't think the trust is a bad thing generally for the overall health of DVC as a "program". I think it will help smooth some of the "end of life" transitions for the individual resorts. I think DVC has seen that "ending" the 2042 resorts is going to be very messy. Their first attempt to address this with offering "extensions" was a total fiasco. I think a trust gives them more options and flexibility in the future in this regard.
However, there is nothing that I see requires them to keep the point structure the same in future declarations, which is different than current. For example, let’s say they decide to declared 228K to br used for 35 cabins,,..nothing prevents them from saying the next 35 cabins will have 300 K points to use …now, you have 528k points for 70 cabins under the same plan, which can be used to develop the point charts across all of them.
So, yes, they can’t add more points without units, but because the trust can add different component sites under the same plan, there can be shifting differently.
For example, if they put Reflections and cabins into the same plan, and it’s found that the studios are high demand, they could lower the cabins and shift those points directly to the studios because the points are RTU, and not a % ownership to specific units.