Heads up to all Disney Vacation Club (DVC) owners as well as anyone planning a trip to stay at a DVC property in Florida? House Bill 429, which recently passed the Florida Senate and took effect on July 1, includes significant changes to the Florida Vacation Plan and Timesharing Act.
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The new law allows the managing firm of a timeshare project to remove guests from the property, similar to how hotel and restaurant operators can eject unruly patrons. This means that Disney Vacation Club can now take decisive action against guests who engage in misconduct.
Key Provisions
- Guest Removal: The managing entity or manager of a timeshare property can remove guests, including deeded owners, for behaviors such as:
- Illegally possessing or dealing in controlled substances.
- Being intoxicated, profane, lewd, or brawling.
- Disturbing the peace and comfort of other guests.
- Failing to make payment or check out on time.
- Engaging in illegal or disorderly conduct.
- Creating a nuisance.
- Notification Process: The operator must notify the guest that they are no longer welcome and request them to leave. This can be done orally or in writing. If in writing, the notice must clearly state that staying after receiving the notice is a misdemeanor.
- Law Enforcement Involvement: If a guest refuses to leave, the operator can call law enforcement. Officers are authorized to arrest and remove the guest, and the guest forfeits any rights to occupy the premises.
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- Civil and Criminal Immunity: Operators and law enforcement officers who detain or arrest a guest in compliance with the law are protected from civil and criminal liability for false arrest, imprisonment, or unlawful detention.
- Handling Of Prepayment: According to the referenced statutes, if the banned guest has paid in advance, the establishment should refund to the guest any unused portion of the advance payment. This refund does not include any days in which the guest was on property for any portion of the 24-hour period, and it is unclear how refunds would be handled for member interests.
What are your thoughts on these updated statutes? Leave us a comment to let us know!
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