I don’t get this - if you paid for 2042 then just exit in 2042. Class action lawsuits etc is a slimy thing to do to game the system on technicalities. Doesn’t our legal system have more legitimate things to litigate than original owners trying to squeeze freebies out of thin air ?
I just don’t think it is that simple…at least in my opinion. DVD took it upon themselves… to actually change the contract to end it in 2057.
Changes to the POS apply to all owners…that is why DVD couldn’t add resale restrictions to the new VGF building because it’s a material change to the contract…and owners requires a vote. Do you think if they had done that that owners would not have complained?
Now, had the contract been amended to say the resort ended in 2042 or in 2057 for some owners, then it would be simple…
But that is not what occurred. They changed the actual contract…there is no such things as an original vs new…the newest version applies to everyone since it’s what legally guides the current rules.
That is also why owners filed a lawsuit back then about being on the hook for additional MFs because those buildings are part of the condo association until 2057. DVD must pay any additional costs to maintain all of its interests and can’t pass on that expense to other owners..paraphrasing here…
I think they expected more owners to pay, and they didn’t. They had to stop hassling people to sign and while it makes sense that the deeds people sign limits the group to sue, I believe it was still required legally and they knew it.
Since they never tried it again, I bet they realize it’s going to be messy…and TBH, by then, the original owner pool might be small enough that DVD does nothing…remember, any owner who continues to own, and pays MFs, benefits DVD even if they never paid anything additional.
We shall see in 19 years.