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Kauai Beach Villas - letter from Board Member

DeniseM

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Received this via email:

I am an owner at Kauai Beach Villas. I serve on the Board of Directors. I am up for election. I would like you to cast a vote for me, Trish Harrington, when you receive your ballot.

We are in a critical place at KBV. Dave Walters was the developer and President for many years. Before his passing, he hired a new company to manage our resort-Wyndham Vacation Ownership. They were hired to manage us as well as Ka Eo Kai, The Shearwater, The Makai Club, and Bali Hai Villas. BHV included the purchase of almost half of the units there. From my first visit to KBV after Wyndham took over I could see problems. Things were not the same. Corners were being cut, the units were not what I considered up to par, and the wonderful Aloha spirit was greatly diminished.

As a Board member I tried, along with the other board members (including Karen Blackford, Ross Tilton and Tom Mischley), to effect change, to work with Wyndham to do what we felt was needed. Some things were implemented, most were not. We worked with them for 7 years before researching and hiring a new management company. Through this time, they offered to “buy” our foreclosures and resell them. This was a great solution until we realized they were not reselling them, but keeping them for their own inventory, thus acquiring enough votes to control the election to the board. Last May, after we had told them we were not renewing their management agreement with KBV, they nominated 3 Wyndham employees to the board and had adequate votes to elect all three.

I am one of the two remaining PAHIO board members. I appeal to you to vote for me, or name me as your Proxy vote in this May’s election. Do not let Wyndham take over more of our board positions.

Sincerely,
Trish Harrington
 

uscav8r

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I thought the management change was a done deal. This letter indicates this may not be the case?


Sent from my iPhone using Tapatalk
 

DeniseM

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Management is never a done deal - the BOD can change management - usually at the end of the current contract.
 

davidvel

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Management is never a done deal - the BOD can change management - usually at the end of the current contract.
Except when the Manager controls/runs the board.
 

uscav8r

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Management is never a done deal - the BOD can change management - usually at the end of the current contract.
That's what I meant... that the contract with Wyndham had run its course and was switched by the KBV BOD. Whether or not Wyndham now controls KBV, if the prior BOD really did change to another management company (is this the case?) they cannot legally switch the management back to Wyndham until the contract period expires or if there is some sort of severance clause.


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I note that you may not vote unless you appoint a proxy. In other words, I must assign a proxy to my vote, otherwise, I have to just assign my proxy for either the purpose of having a quorum (with no vote) or I must let the BoD vote for me. Neither is acceptable. Who will be attending that I can give my proxy and my vote to?

I agree with Trish... We do not want to let Wyndham control the BoD! From my last couple of visits, the focus is on Wyndham trying to get me to upgrade my timeshare to add another Wyndham resort. They tell me how valuable it is to own a timeshare in a Wyndham Resort, but when I offer to sell mine back to them (at any price), they have absolutely no interest. My feeling is that Wyndham is merely using KBV as a sales tool for pushing other Wyndham properties, and they are happy to run KBV into the ground in the meantime. If someone believes differently, please let me know.
 

jacknsara

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Aloha,
Last I visited with candidate Twardzicki at KBV (we seem to be there at the same time every year), he was planning to attend the meeting. I'll send him an email and encourage him to log onto TUG.
I may choose to post any comments I have regarding the email sent by Harrington or other election issues in this other thread http://www.tugbbs.com/forums/index.php?threads/pahio-kauai-beach-villas-board-election.240675/ since that is the thread I included in my candidate statement. Regardless of the election outcome, I am hopeful that TUG will acquire a few new readers / participants.
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I am Charles Twardzicki, I agree with most of what everyone writes about Wyndham having too much control of the BOD and that the corporate focus is not in the best interests of KBV owners. My wife, Kathe, and I have been owners almost 20 years and we now visit twice a year around the holiday rush now that I have retired. I have seen the slow decline at the resort when compared to what Wyndham does for its properties, and have expectations that Grand Pacific will continue to demonstrate the superior management abilities exercised so far into this contract. I have read Jack's proposals for changing the costs to owners based on unit size and location and think it just might bring back a portion of the 1/1 units from delinquency and being a burden to the resort. We have had several discussions on not only re-energizing the 1/1 decline but on many other issues that we know of at the resort. I have attended all but one owners meeting held at KBV when at the resort and listen to the complaints and desires of those in attendance.
I do not at this time know how to be a proxy for the TUG members, but I do realize that unless we find a way to get an actual owner and user on the BOD, things won't change in the near-term. We reservations to attend the annual board meeting this year in June and I am willing to act for those unable to attend. Mahalo
 

jacknsara

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Aloha, DeniseM noticed that I am a candidate for the board of KBV and suggested that I post something about it. . . . For a . . . rough draft of my speculations of the long term challenges, please send me an email which includes either or both “KBV” or/and “Kauai Beach Villas” in the subject line. jackgoodstein@hotmail.com I will batch send my response using blind copy (bcc). . . .

. . . I have read Jack's proposals for changing the costs to owners based on unit size and location and think it just might bring back a portion of the 1/1 units from delinquency and being a burden to the resort. We have had several discussions on not only re-energizing the 1/1 decline but on many other issues that we know of at the resort. . . .

Aloha,
I have shared the "proposals" that Charles references only with folks who requested them. I have not posted them directly on the tug forum although as the first quote indicates, it has been offered here before; the offer is still open. It is a 4 page pdf that is somewhat dated. I may eventually update it, but do not intend to do so before the current ballots are due.
Jack
 

ecwinch

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My feeling is that Wyndham is merely using KBV as a sales tool for pushing other Wyndham properties..../QUOTE]

I agree with the premise, but I really dont see how GPR is operating any differently. My email inbox is saturated with their solicitations, and based on Trish's statement on how they handled resales, it seems they operate by the same fiat.
 

ecwinch

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I have read Jack's proposals for changing the costs to owners based on unit size and location and think it just might bring back a portion of the 1/1 units from delinquency and being a burden to the resort.

What in the bylaws gives the BoD the legal authority to set dues on anything other than unit size?

This seems more like a strategy to "tax" those owners who have the best views, subsidizing those owners who chose not purchase a interval with better views.
 

jacknsara

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What in the bylaws gives the BoD the legal authority to set dues on anything other than unit size?

This seems more like a strategy to "tax" those owners who have the best views, subsidizing those owners who chose not purchase a interval with better views.

Aloha,

Currently nothing in the bylaws. The controlling language is in the Declaration of Covenants, Conditions and Restrictions. The logic behind the suggestion is contained in the pdf I previously mentioned. However, that recommendation is an example of a potential solution to a long range risk to the financial stability of the resort. The real point of the analysis in the pdf is that without changes to the governing documents it may be only a matter of time until KBV faces a financial crisis and that consequently a priority challenge for the KBV board of directors should be to persuade a majority of owners to be sufficiently interested in KBV governance issues to vote.

I have been communicating with Kate Solovyan over the last few months to establish a complete set of governing documents in a dropbox for owners who are interested in reading them. While putting together an index to assist in figuring out the current definition of each section after multiple revisions, I discovered a single missing annexation document and missing pages in some others. I planned to wait to share the index until the missing material was acquired, placed in the dropbox and the index was finished.

In the meantime, any KBV owner wanting access to the governing documents should contact Kate at ksolovyan@gpresorts.com

Regarding the specific example recommendation, changes would be required to language in (among potentially others) Article II section 1 as it appears in second amendment to the Declaration of Covenants, Conditions and Restrictions (CCR) dated 2/14/1996 and Article IV section 2 as it appears in fifth amendment to the CCR dated 3/13/1998.

I suggest that before more folks pounce on this particular tangent, that they request the pdf and read it a couple of times.

Jack
 

ecwinch

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Aloha,

Currently nothing in the bylaws. The controlling language is in the Declaration of Covenants, Conditions and Restrictions. The logic behind the suggestion is contained in the pdf I previously mentioned. However, that recommendation is an example of a potential solution to a long range risk to the financial stability of the resort. The real point of the analysis in the pdf is that without changes to the governing documents it may be only a matter of time until KBV faces a financial crisis and that consequently a priority challenge for the KBV board of directors should be to persuade a majority of owners to be sufficiently interested in KBV governance issues to vote.

I have been communicating with Kate Solovyan over the last few months to establish a complete set of governing documents in a dropbox for owners who are interested in reading them. While putting together an index to assist in figuring out the current definition of each section after multiple revisions, I discovered a single missing annexation document and missing pages in some others. I planned to wait to share the index until the missing material was acquired, placed in the dropbox and the index was finished.

In the meantime, any KBV owner wanting access to the governing documents should contact Kate at ksolovyan@gpresorts.com

Regarding the specific example recommendation, changes would be required to language in (among potentially others) Article II section 1 as it appears in second amendment to the Declaration of Covenants, Conditions and Restrictions (CCR) dated 2/14/1996 and Article IV section 2 as it appears in fifth amendment to the CCR dated 3/13/1998.

I suggest that before more folks pounce on this particular tangent, that they request the pdf and read it a couple of times.

Jack

Do you have a legal opinion on the legality of all owners being able to vote to modify the Governing Documents to increase assessments only on a minority group of owners while reducing the assessments on themselves?

Typically a majority vote of the disaffected class is required.
 
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dioxide45

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In many cases, state law mandates how MFs are billed. Often based on square footage only and not also based on season or view.
 

jacknsara

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Do you have a legal opinion on the legality of all owners being able to vote to modify the Governing Documents to increase assessments only on a minority group of owners while reducing the assessments on themselves?

Typically a majority vote of the disaffected class is required.

In many cases, state law mandates how MFs are billed. Often based on square footage only and not also based on season or view.

Aloha,
[edited: at the time I originally wrote this post, I failed to notice a PM in which Eric did request the pdf. I apologize for that error.]
PAHIO at Kauai Beach Villas (KBV) is a timeshare within a condominium. Consequently, there are two sets of regulations that are applicable. To simplify my request that follows, I’ll stipulate that the Timeshare cannot unilaterally change allocations that are defined by the condominium declarations.
As my candidate statement indicates, I spent several (10) years reading government regulations and the law upon which they are based. No matter how many times I may have looked at a section, I am always willing to accept input and consider information that challenges my previous interpretation. I last read the relevant sections of Hawaiian law and regulation in January and my memory is less than perfect. Some relevant links follow. Please point out the specific sections upon which you base your position so that I may study them.
HRS Chapter 514A – Condominium Property Regimes
HRS Chapter 514B – Condominiums
HRS Chapter 514E – Time Sharing Plans
http://cca.hawaii.gov/hawaii-revised-statutes/
http://cca.hawaii.gov/hawaii-administrative-rules/
http://cca.hawaii.gov/reb/condo_ed/condo_gen/condo_bod/
http://files.hawaii.gov/dcca/reb/condo_ed/condo_gen/condo_bod/fiduciary-duty.pdf
Mahalo,
Jack
 
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ecwinch

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Jack,

Thanks for sending me the referenced pdf.

I understand the underlying objective here - to ensure the resort is on firm ground financially. Since like most "legacy" resorts the greatest drag on financial stability is bad debt.

And while I can fully appreciate the strategy of asking those who benefit the most to bear a greater share of the expense load, why do we assume that will be successful beyond the short term? And what "buy-in" do we have the fully owned condo's in such a strategy?

Likewise - is there another timeshare plan that we can "benchmark" the effectiveness of this strategy against? Another similarly situated mixed use timeshare/fully owned condo resort that has successfully executed this strategy.

-ECW
 

jacknsara

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Aloha Eric,

The pdf uses an example to illustrate a point. Unfortunately, I have discovered that almost all its readers have focused on the example rather than the underlying point.

KBV like many timeshares suffers financial challenges that manifest as bad debt. Rentals of IOA repossessed units do bring in funds in the near term but pose other risks. Regardless of the impact of rentals during good economic times, reliance on them is very risky during occupancy downturns. Occupancy downturns can occur due to either general economic conditions or the rate of new accommodation development exceeding the rate of growth of people wanting places to stay.

The proximate cause of high levels of bad debt for many timeshare resorts is the negligible or negative aftermarket value of timeshare units. If this were an easy problem to fix, many timeshare BODs would apply the fix. Consequently, it is a reasonable inference that it is not an easy problem to fix. The percentage of owners returning ballots at most resorts is believed to be barely above the quorum requirement and far below what is required to amend declaration of covenants. From this observation it can be inferred that most boards seek (i.e. have no choice but to seek) solutions within the existing declaration constraints.

There is generally unexplored potential for solutions which implement changes to the declaration constraints. Many folks assume that getting a majority of owners to return ballots is impossible so not much discussion gets posted regarding what might be possible. The pdf I developed used an illustration that was preceded with the first of the following two paragraphs and concluded with the second:

. . .

Are we powerless to develop strategies now to prepare for such eventualities? One premise of my KBV board candidacy is that there are potential strategies to survive such eventualities. To the extent that I have thought about them, at least some would require substantial change to the governance of the resort. Such changes would be inadvisable if not illegal without the buy-in of a substantial majority of owners. Further, some of these changes would need to be enacted a few years prior to the threat/risk occurring. Here’s an example. The numbers were arbitrarily selected to illustrate the concept. . . .

. . .

I do not intend to suggest that changing the MF assigned to the various combined size and view categories is sufficient by itself to address the perception of KBV value in the resale market. This proposal is just one example of changes that would require a majority of owners to approve. In order to implement the hypothetical solution, the majority of owners would have to understand and agree with it. This leads back to the goal and promise of my candidacy: to get an owners’ online community or communication network started.

Mahalo,

Jack
 

ecwinch

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Jack,

I am an owner of 2.5 weeks of at KBV - Ocean Front/2 BR units. I purchased those weeks from owners for virtually nothing, because the owners simply wanted to get out from under the maintenance fees.

At this point I would suggest that the BoD explore converting one or more units/buildings to fully owned condo's. Using the generated funds to address the inherent problem.

I appreciate your willingness to spend time on this issue.

Thanks
 

linsj

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I haven't received any information about the election, either in the mail or email. Is there a link to vote online?
 

linsj

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Thanks, Jack. I'll email her.
 

DeniseM

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Another letter -

Concerned Owners at Kauai Beach Villas
NEWSLETTER
May 2, 2017

Aloha To My Fellow Owners at Kauai Beach Villas:

My name is Jeff Bellin. I am, like you, a traditional deeded owner of a timeshare at Kauai Beach Villas (“KBV”). I am also a contributing writer for the periodical “TimeSharing Today”. You may have read some of my articles.

Today, I bring to your attention a matter of great urgency, a matter that requires, at the very least, your vote by May 25. Thank you for taking the time to read this.

I say “traditional”, because Wyndham Management gets traditional owners to give up their deeds to Wyndham for close to nothing by various means. Wyndham has intentionally made the KBV resort experience go downhill and maintenance fees go up so that our longtime owners will feel that their deed, and their ownership, is worthless. Wyndham then swoops in and offers to take the deed off their hands for next to nothing. By owning the deeds, they use the increased voting power via the board to make decisions that favor their own corporate profits, not the traditional deeded owners. That is their history.

Trish Harrington and Karen Blackford are currently the only two traditional timeshare owners on the KBV Board. Please, re-elect Trish and Karen to the Board. Don't water down or split your voting power. With all due respect to the other candidates, vote for only those 2 deeded owners.

If you wish to cast your votes yourself, there are 4 ways to do so. Regardless of what method you choose to cast your vote, the board needs to receive your vote by May 25th!!:
  1. Vote by Mail – by now, you should have received a ballot in the mail. The ballot is on a pre-paid, pre-addressed postcard:

    Pahio at Kauai Beach Villas Interval Ownership Association
    c/o Grand Pacific Resorts Management
    P.O.Box 4403
    Carlsbad, CA 92018 - 9986

  2. Vote by Email – Scan your ballot and email it to: gprproxies@gpresorts.com
  3. Vote by FAX – Scan your ballot and fax it to: (760) 828-4282
  4. Vote On-Line – Visit http://tinyurl.com/KBVVote2017

    Make sure you type this on the address line, not the search line.
    Enter your personalized password which you were provided.
    Follow the prompts and cast your vote. It’s that simple.

    If you have any trouble with your password, call GPVS @ (888) 477-6967
While the vote for the Board of the Interval Owners Association (IOA) is on June 1, 2017, YOUR vote MUST be received by May 25th if you will not be attending in person.

Alternatively, you may choose me, Jeff Bellin, as your Proxyholder to vote for you. I will be traveling to the resort that week from Salem, Massachusetts to ensure our voting bloc is represented for the June 1st vote.

To make me your Proxyholder, go to the upper left of your ballot, check the 4th boxdown and write my name, Jeff Bellin, into the blank. Again, please submit by May 25th. It's imperative that you either vote for the above candidates directly, or have me vote on your behalf via Proxy. (Please, do not check any of the first 3 Proxy boxes).

Wyndham’s voting power (now approximately 1100 votes) will be cast by Wyndham employees and shareholders for Wyndham's candidates, voting by ballot or nominating from the floor at the annual meeting. At KBV, Wyndham now owns 21% of the deeds; but they control 60% of the board! If the traditional deeded owners do not provide sufficient votes to beat Wyndham, then Wyndham will win and will place another one or two representatives on the board. They will win if we do not act now, and with 5500 potential votes, we have to power to keep this from happening.

The future of our resort rests in the hands of its traditional deeded owners. We need your vote, if we owners are going to control the board, and make the decisions that affect us. We need to keep Trish Harrington and Karen Blackford on the board, to start with.

Over a decade ago, the KBV developers brought in Wyndham Management to manage the resort. The Boards, seeing the resort go downhill, first tried to work with Wyndham to improve the resort, but finally decided to terminate their contract which ended late last year.

In its place, the board hired Grand Pacific Resorts, a fantastic company which has already greatly improved Makai Beach Club after their board had terminated Wyndham. Still, at both KBV and MBC, Wyndham has successfully claimed ownership of enough deeds to do damage to the makeup of the boards, voting off actual traditional owners.

We need YOUR VOTE to help keep Wyndham from replacing the only 2 traditional owners we still have on the board, Trish Harrington and Karen Blackford. Please vote today!

In my next email letter, I will further explain the background of how Wyndham put us in this mess and what they will do if we don't stop them.

Sincerely,
Jeff Bellin
 

Dan Hedman

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Another letter -
We have owned at KBV for almost 15 years and we've never bothered to vote. I am not clear on the "proxy" part of the card I received. Do I simply select one of the candidates on the ballot to be a proxy? I am trying to vote online and it won't let me proceed without checking one of the boxes. I called the Grand Pacific Vacation Services but they didn't know the answer.
 

DeniseM

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I don't know either, but the letter above has specific details for designating a proxy.
 

Dan Hedman

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We have owned at KBV for almost 15 years and we've never bothered to vote. I am not clear on the "proxy" part of the card I received. Do I simply select one of the candidates on the ballot to be a proxy? I am trying to vote online and it won't let me proceed without checking one of the boxes. I called the Grand Pacific Vacation Services but they didn't know the answer.

OK. I think I figured it out now. I got an email from Jeff Bellin. I can select him as proxy and he can vote on our behalf. That sounds like a good way for us to go.

Done.
 
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