Anyone can sue over anything, but they won't have a leg-to-stand-on.
No booking term is guaranteed. HGVC can rewire the club as they please.
Even to the point of terminating the club. Its set out in the Rules.
First, the rules have to be followed, whatever they are. If a current rule is not followed, and you have damages, you can sue. (*)
Second, here's an excerpt from one of my deeds:
> Grantee has acquired a Type lI Vacation Ownership Interest.
> If Grantee has acquired a Type I, Type lll or Type IV Vacations Ownership Interest, Grantee
> shall be required to make a reservation for a Suite as described below in accordance with the
> provisions of the Declaration.
> Grantee is entitled to utilize a 2 bedroom Suite, with every Year occupancy rights in accordance
> with the provisions of the Declaration.
> Grantee, by acceptance hereof and by agreement with Grantor, hereby expressiy assumes and
> agrees to be bound by and comply with all of the covenants, terms, and provisions set forth in the
> aforesaid Declaration and the rules and regulations made thereunder, including, but not limited to,
> the obligation to make payment of all assessments as provided for therein. Grantee further
> waives the common law right as a co-tenant to nonexclusive occupancy of the Project, and
> acknowledges that ownership of the Vacation Ownership Interest conveyed hereby authorizes
> and entitles Grantee to occupy a Suite in the Project only in accordance with the Declaration,
> including but not limited to the reservation requirements established by Hilton Grand Vacations
> Club ("HGVClub") and other occupancy limitations of the Declaration and any rules and
> regulations promulgated thereunder.
> Grantee, by accepting this Deed, acknowledges that Grantee is required to be a member of
> HGVClub. Each membership shall be appurtenant to Grantee's Vacation Ownership Interest in
> the Project and shall be transferred automatically by conveyance of that Vacation Ownership
> Interest. Ownership of a Vacation Ownership Interest within the Project cannot be separated
> from membership in the HGVClub appurtenant thereto, except as otherwise provided by the
> Declaration, and any devise, encumbrance, conveyance or other disposition, respectively, of a
> Vacation Ownership Interest shall include the Grantee's membership in the HGVClub and rights
> appurtenant thereto, whether or not specifically named in the instrument of transfer.
They cannot "rewire the club as they please". First and foremost, everything that the deed grants to me cannot be infringed upon. If I'm promised a 2 BR, and original rules - at the time of the first conveyance of the deed to its first non-HGV buyer - granted me with exclusive access to 2 BR between 9 and 12 months mark, this right is engraved in stone, and subsequent HGVClub rules can not provide such benefits to non-owners.
Therefore: no, 10-months booking isn't happening. There's no legal way for them to do it, without separating old and new inventories. 12-9 months out home week is here to stay.
(*) - Actually, you have to go to arbitration, as per the rules - but this would only apply to HGV Club rule violation (e.g. unfulfilled points reservation, worse unit provided, etc). Violation of any right explicitly granted to you in the deed could go to court directly.
Even to the point of terminating the club. Its set out in the Rules.
Well...
> Grantee, by accepting this Deed, acknowledges that
Grantee is required to be a member of
> HGVClub. Each membership shall be appurtenant to Grantee's Vacation Ownership Interest in
> the Project and shall be transferred automatically by conveyance of that Vacation Ownership
> Interest.
Ownership of a Vacation Ownership Interest within the Project cannot be separated
> from membership in the HGVClub appurtenant thereto, except as otherwise provided by the
> Declaration, and any devise, encumbrance, conveyance or other disposition, respectively, of a
> Vacation Ownership Interest
shall include the Grantee's membership in the HGVClub and rights
> appurtenant thereto, whether or not specifically named in the instrument of transfer.
Just because? No.
HGVC RESERVES THE
RIGHT TO SUSPEND OR TERMINATE PARTICIPATION OF AN AFFILIATED
RESORT IN THE CLUB
IF THE AFFILIATED RESORT FAILS TO MAINTAIN AND MANAGE THE
ACCOMMODATIONS AND FACILITIES OF THE AFFILIATED RESORT AT THE LEVEL OF QUALITY AND
CUSTOMER SERVICE ESTABLISHED BY HGVC FOR ALL AFFILIATED RESORTS FROM TIME TO TIME. AN
AFFILIATED RESORT’S RELATIONSHIP WITH THE CLUB MAY ALSO BE TERIMINATED OR SUSPENDED IF
THE ASSOCIATION
FILES BANKRUPTCY OR BECOMES INSOLVENT. HGVC SHALL NOT HAVE THE RIGHT
TO TERMINATE THE AFFILIATION OF A CLUB RESORT DURING THE FIRST FIVE YEAR’S OF OPERATION
OR SO LONG AS THE DEVELOPER OF A CLUB RESORT CONTROLS THE OWNERS ASSOCIATION OF THE
PROJECT, AS SET OUT IN THE GOVERNING DOCUMENTS FOR THE CLUB RESORT.
Termination can only happen for a reason. The deed is not just restrictions that apply to your unit. The deed enumerates rights that you are granted as well. You are granted a right to be a member of HGVClub - as long as the HOA complies with their quality requirements. (Heck, owners could sue their own HOA if it would fail to meet HGVC's standards!). They cannot even pick and choose which rules to enforce for which resort - the same rules have to be applied equally to all resorts.