House Bill 429: What DVC Members Need to Know

Today, we're discussing House Bill 429, which went into effect here in Florida on July 1, 2024. This bill significantly broadens the power that timeshare companies have when taking action against purchasers, owners, and their guests who behave poorly at the timeshare property. While this discussion focuses on Disney Vacation Club (DVC), it's important to note that this impacts all timeshares, not just DVC.
We believe this is a crucial conversation to have, as this new regulation could affect your timeshare experience. We'll cover the basics in this video, but you can find more detailed information at the links provided below.
READ MORE HERE:
www.flsenate.g...
Join us as we break down what you need to know about House Bill 429, and share your thoughts in the comments!
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[@paulemmalangdon-manning2588]

I understand the bill has been put in place to protect the cast members against verbal/physical abuse and totally agree. What happens if you take family or friends with you (or even rent out your points to someone you don’t know) and they abuse a cast member, where you had no involvement, it could jeopardise your contract. Be careful out there friends, if your friends or family are on Santa’s naughty list, I’d suggest not letting them stay under your DVC contract 🥺

[@2foolishmortals]

I think the main focus of the bill was to better define and clarify that a timeshare is not a person't legal residence; regardless whether or not they are an "owner". . . . which will ultimately result in protecting not only staff, but the other Guests at the timeshare as well. Apparently, since there are laws that prevent residents from being removed from their residence on the books in the US, timeshare companies had their hands tied and were unable to take action against "owners" even when illegal activity was taking place. This bill not only clear that up, but also defines what type of conduct is actionable. . . most of which is like disorderly conduct, possession/dealing of illegal drugs, lewd conduct and so on. That having been said, I'm imagine that how this would actually impact a person's contract/membership would be handled on a case by case basis AND actionable in a way that has already been outlined in the contract itself/terms of use for the timeshare property. I don't necessarily think it would be automatic, especially if we're talking about a smaller infraction [being disruptive to other guests], but would likely be on the table if you're dealing drugs. 🤷‍♀️ Either way, you gotta just conduct yourself approrpately AND be careful with who you let use your membership, 'cause as the owner you're going to be held responsible. . . which was the case even before this bill. 😄

[@gillianessien7417]

Oooh thanks for highlighting this!

[@kltpep]

so, if you are a good person in life and behave yourself, this bill is like gum on the bottom of your shoe. nothing important to worry about.

[@2foolishmortals]

@@kltpep Yup!

[@fbueller]

The bill should have no impact if guests just follow ‘Road House’ rules!!!

[@ChronicleComicArt]

Good video. Good content. That said…. It looks like you’re in a business center in a $60 a night motel

[@fbueller]

😂

[@Dadatdisneyworld]

So people want to ability to abuse cast members and nothing happen to them? That tells you a lot about people lol In many private clubs, country clubs…. You can get banned and arrested for that kind of stuff. Shouldn’t be any different. You hit someone in a 7/11 you get arrested and if 7/11 wanted to ban you they can. It seems like a silly argument to say even if I hit someone on property I can’t be touched. It’s like having diplomatic immunity.

[@2foolishmortals]

People want to be able to do whatever they want with no repercussions. . . . which is. . . . 🙄. . . . amazing is the word I'll go with for today.

[@Dadatdisneyworld]

@@2foolishmortals it makes DVC look bad. I’m a DVC member and I never knew this…. But I figured not abusing cast members would’ve been a given, but yeah wow…

[@edwardschneider6396]

I think time shares fall in the category of leasing a property share. Much like you leasing a car. I owned marriot timeshare in 1990's and that was pretty much my understanding. You are leasing a spot to use the property for a specific time. If you are an owner why can't you change furniture or the drapes?

[@2foolishmortals]

I think that the main challenge is that timeshares fell into a legal gray area. They aren't a hotel, because those who are owners of the timeshare are under contract, just like if you're renting an apartment BUT it's not your legal residence like an apartment. This meant that existing laws tied the hands of timeshare companies preventing them from taking action against timeshare owners & their families/guests. This house bill clarifies that a timeshare is not the same as a legal residence and [in specific cases outlined in the bill] action can be taken against timeshare owners like would be the case at any other hotel.

[@barbarac3879]

Thanks for providing this :)

[@GoatChampJ1]

Ah bummer, there go all my summer plans.... Kidding, of course. This seems like a good thing. I understand the "deeded owner" issue that was a conflict - law enforcement cannot require you to leave the property where you legally reside by contract (ownership or lease). This bill sounds like it clears up the "legally reside" portion by clarifying that ownership in a timeshare does not make it your residence.

[@2foolishmortals]

I know right!? Fun. . . right out the window. 💨 I agree! This definetly sounds like a good thing and, in my opinion, it was a necessary move to ensure the safety and security of ALL who stay in timehare properties here in FL.

[@Onekevmoore]

Big props for addressing this legislation. My first run through seemed that the more profound impacts focused on the VRBOs and AirBNBs of it all. Great points regarding how it could relate to DVC... would tend to agree with your take. Rock on!

[@2foolishmortals]

Thanks! You know. . . I wasn't even thinking about it like that. I wonder how/if this will impact those types of properties. Hm.. .

[@kevinayres6553]

I don’t agree with this if this is true. Assault is a crime. If you want to accuse someone of a crime it must be done in a court of law. They have due process. There are two sides to every story. Disney would remove you by saying you trespassed. I’m assuming as defined in the park ticket wording or the wording on your room reservation agreement. You cannot trespass on a property where you have become an owner. It would be like the bank trespassing you from your own home for some behavior they didn’t agree with. If you commit a crime we already have laws in place for these instances. I haven’t seen the wording of the bill. I’m sure many people will comment on this legislation. You cannot remove property rights from an owner just because you don’t agree with the behavior or their diatribe. I’m not defending the owner’s behavior by making this statement just simply stating a fact. If this is the case most likely this bill was written by a lobbyist for the timeshare industry to limit some behavior that is detrimental to their business model. Tough subject and a good topic. This is the kind of content that will pull more subscribers to your podcast. Continue the good work.

[@brian8928]

😂🤣🤣advise to you don’t do anything wrong and u won’t need to worry about this new law here in Florida u don’t like it don’t own a timeshare or DVC in Florida

[@fbueller]

I was surprised to see the titlle of your new video when it came up since your channel isn’t known for politics. I have to say..:this was a great video providing initial information about an issue I wasn’t tracking. It’s horrible hearing no action was taken against a DVC member who attacked a CM. This is unbelievable! Does Disneyland also have a large number of resort properties like Disney World or is DVC really more of an East Coast program? I don’t hear much about Disney resorts in Cali.

[@2foolishmortals]

@@fbueller Thanks! Ya, politics isn't really something we focus our attention on BUT every now and again it comes up where travel is concerned. This is an example of that. Disney isn't known for letting things like that slide, but I think their hands were tied due to existing laws. [At least in my understanding.] This changes that. No, they don't. Disneyland is a much smaller place in general, but I want to say they have 3 hotels in total with 1 DVC Resort. Disney has over 25 with 12 DVC Resorts.

[@jackshea4470]

Mixed feelings. There was another content Creator, who is a DVC member. He violated a rule and is banned from Wdw property except his timeshare interest. Had this been in effect, at the time the decision was made he may have been banned from his resorts for a non violent issue. As for removing a person from property for assault, there are so many ways to accomplish that ie: simple arrest for assault or domestic violence charge. A law specifically for timeshares is a lot.

[@2foolishmortals]

If the type of conduct that warranted action wasn't outlined in HB429 [s. 509.141 ~ s.509.143, s.509.162] and was at full discretion of the timeshare company without being previously outlined as a "violation of the timeshare instrument", I would probably have mixed feelings as well. Fortunately, there is clear guidance regarding what the timeshare company could take action on and it's very reasonable. Whether or not this would apply to someone who is banned from WDW for violating property rules may depend on the situation; especially because WDW and DVC aren't the same entity. Of course, this is why understanding property rules and doing your best to not violate them is important. I think the biggest challenge is that prior to HB429, based on everything that I've been able to stumble into while looking into this, is that timeshare companies did not have the ability to take action in a way that seems like it would have been obvious. They were straddling a blurred line that sat between being private property and being a hotel. This defines where they stand so that they can take action when necessary in the same way similar properties [hotels] can.

[@matthewscheuer6739]

While in theory, it’s good in those fringe situations, I get leery with Disney getting more and more abilities to exclude guests and us relying that they are going to be using it as intended and not in a self serving way. I think if Disney bans someone from their deeded interest they should be required to acquire the property from the owner (or something like that). Otherwise the banned owner is paying dues on real estate they are never able to use. On the flip side, if people didn’t act ridiculous this wouldn’t need to have been enacted in the first place.

[@2foolishmortals]

It's important to keep in mind that HB429 applies to ALL timeshare properties, not just DVC. It's also important to note that conduct that would warrant this type of action is outlined. . . . . so it's not a matter of people being banned all willy nilly. You're right though! If this wasn't a problem, we wouldn't be in this situation and I think it's much more of a problem than people might realize.

[@tdadp]

I have an issue with this bill for one if someone is drunk and just being loud that would give the management company grounds to remove them permanently or if the guest was that would be grounds to perhaps void the contract

[@jenniferrundle6870]

I don't think anyone has addressed whether it would be a permanent removal or deed revocation. I think we're just talking about a temporary removal. Like she said, easy to avoid. Don't be drunk and loud. It is NOT your house, you are sharing it with other families who have kids sleeping, etc, etc...

[@annlavine3576]

Is the person removed permanently or for a certain period?

[@2foolishmortals]

I'd imagine it would be on a case by case basis. My understanding, reading through the bill, is that it's meant to give the timeshare company the ability to take action at all. How they move forward from there is likely going to be a more complex discussion based on the outlined policies/terms of use for each individual timeshare company.