You would have home owner priority at the Point when making a reservation request. Also, all Trust owners have a 13 month reservation window; owners at the Point not in the Trust have the 360 day window. The salesperson also said Diamond is actively purchasing units and they will be put into the Trust; thereby lowering your chances of getting the unit you want.
Can the Trust weeks be given the 13 month window thereby giving them priority over other owners?
At first glance, this appeared illegal. But as I examined it further, it does appear legal if my first assumption is correct.
The discussion does not pertain to a "fixed" week owner (if any) unless they convert to points.
I am assuming that the "flex/float" owners have a right of first occupancy to the exact week and unit they are deeded to. If so, they can legally reserve that unit/week and give it to anyone they want. By buying Diamond Points, they are saying that they want their exact week and unit every year (legal according to the original deeds) and that each year that unit/week will be given to the Diamond Trust. Since the Diamond Trust knows it will get that unit/week, it can make reservations for that unit/week even before it gets it (13 months out).
If the owner of that unit/week originally always reserved their unit/week and either used it themselves or gave it to II, nothing would change for the other flex/float owners since they never could get that unit/week.
However, I am guessing that most (or many) flex/float owners did not reserve their unit/week as soon as they could and other flex/float owners would have access to it in a month or so. As such, there were more choices for the "early birds". However, if the unit/week is given to the Trust, then the flex/float owners will not have access to it. As more people convert, the more the choices for the non-converters go down.
Please note that all of this is based on the assumption that flex/float owners have a legal right to first occupancy of their unit/week.
In many systems, the actual deed is transferred to the Trust which allows the Trust to really know that they will get that unit/week (ie., no paperwork snafus, maintenance, etc., fees will have been paid on time, etc.)
Is my assumption on first occupancy correct?
Charles