Exactly and they have done it once before...
This is where it gets sticky. Lets say I post that to buy mainly for Marriott reward points is stupid as a general statement and you bought for points. Or I say that to buy from DVC simply for comfort or financing issues alone is stupid but you did just that. I have not questioned your actions, only an action in general that coincidentally happens to apply to your situation. There are reasons to buy retail but they are few and far between for those that are truly informed and may be things like fixed weeks, platinum plus, new resort early pre-construction, and the like. As I noted previously, I have made 3 retail purchases but they were for very special situations. Minimal Bluegreen to convert a boatload of points, smaller DVC contract (4*25) at AKV and Surfwatch pre-construction but also moved 2 resale purchases to retail status in the deal.
It would be legal as long as it were fair and divided up the units and weeks equitably between both the weeks and points groups.
I will point out that Marriott can essentially change the reservation system any way they wish. If you have an older resort that is floating, read your old documents as to the reservation system in place at the onset. The 12/13 month issue has only been around some 10-11 years or so.
They did this with the resort where we owned (MDSV-I). We bought there before the 13 months' reservation window was introduced and 50% of our inventory was no longer available to single week owners just like that.
It made it very hard for us to book the few weeks that we could go to our own resort during March so we finally decided to get rid of it and traded up to a fixed week/unit in Maui so that can never happen again. It was only through TUG that I found out that we should have tried to call later again because some weeks were released by the multi week owners but, by that time, we didn't own there anymore.
I talked to the MVCI and II this week and asked them questions about the new Marriott internal exchange system again but only the higher ups seem to know what is going on. Right now, it is still safe to deposit a week with II and still qualify for trading up or a flexchange in 2010 so that is good to know.
I also heard that the point system in the Orient is not handled by the same department that handles our floating weeks or the fixed week/units in Maui or the platinum plus weeks anywhere else in the USA. The two resorts in the USA that belong to the Orient point system already are completely separate from our system here. They must have allocated them right from the start to this new system so they must have been planning this for quite awhile. There are some clauses in our new contract that may be there for a reason too that they may want to go to a point system as it allows us to go floating from a fixed week. Why else would they put that in there?
If Marriott wants the new internal exchange system to be successful, they are not going to punish present re-sale owners or new re-sale buyers as that would only hurt them to get the new system to be a total success and fast. I only hope that it will be on a voluntary basis only as some people do not exchange or very seldom. There are resorts where people go year after year and stay multiple weeks as it is considered their second home away from home without the headaches of taking care of it. This is how they sold the fixed week/units in Maui to some of the well to do people who could afford multiple weeks so they could stay there without having to move from unit to unit as they had all the weeks one after another in the same condo. I doubt if they would want to go to a floating point system and giving up the benefit of their fixed week/unit, if they own multiple weeks. JMHO.
PS. The MDSV-I is one of the oldest resorts in the system and doesn't even have the ROFR clause in the contract either!