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[CONTENT REMOVED FROM ORIGINAL THREAD PLACED HERE] Legal debate thread for the ongoing Wyndham resort closure actions...

Just seems odd that they would want to try to seek court approval when they could distribute it prior. Though perhaps distributing the funds prior to bankruptcy could cause some additional questions. Like if you're filing bankruptcy, you don't have much business dolling out money.

A reminder that Chapter 11 doesn't mean insolvency.
 
Gonna return just long enough to leave this nugget from the 70's.

Because you had to be a big shot, didn't you
You had to open up your mouth
You had to be a big shot, didn't you
All your friends were so knocked out
You had to have the last word, last night
You know what everything's about
You had to have a white hot spotlight
You had to be a big shot last night
 
A reminder that Chapter 11 doesn't mean insolvency.
And according to the board and the law firm handling things (at least at Glade) there is plenty of money to refund 2026 maint. fees and still cover all ongoing expenses until the sale occurs. The biggest fees don't kick in till there is a sale (the 4% to the realty company for instance).
 
Gonna return just long enough to leave this nugget from the 70's.

Because you had to be a big shot, didn't you
You had to open up your mouth
You had to be a big shot, didn't you
All your friends were so knocked out
You had to have the last word, last night
You know what everything's about
You had to have a white hot spotlight
You had to be a big shot last night
Had to have the last word didn't you? couldn't stay away after saying goodbye. The irony is thick. I suggest you actually read the lyrics you posted. It looks to me like you are looking in a mirror with that post. And as I know you will claim this me doing that, actually it is me responding to a direct attack. You are the exact opposite of intimidating.
 
A reminder that Chapter 11 doesn't mean insolvency.
People keep saying that, along with things like Chapter 11 is for restructuring, while failing to recognize the end goal is liquidation.
 
And according to the board and the law firm handling things (at least at Glade) there is plenty of money to refund 2026 maint. fees and still cover all ongoing expenses until the sale occurs. The biggest fees don't kick in till there is a sale (the 4% to the realty company for instance).
Do you think the law firm is working on contingency with their payment coming out of proceeds from the sale?
 
People keep saying that, along with things like Chapter 11 is for restructuring, while failing to recognize the end goal is liquidation.
Liquidation is technically a form restructuring, but getting stuck on that wording misses the point. Chapter 11 is most often used for restructuring. However, using it do an orderly liquidation is an accepted and common use. Many retail chains have wound down using chapter 11. Big lots went out that way. Chapter 11 can be converted to chapter 7 liquidation sometimes, but that only happens if creditors are not getting paid. Such a conversion happens at the request of creditors.
 
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Do you think the law firm is working on contingency with their payment coming out of proceeds from the sale?
Probably not contingency, but it is possible they have a deferred payment agreement. X amount deposit up front, balance of billing on successful closure, whatever they may be (likely sale, but who knows, strange things happen with timeshares)
 
I don't know how they are going to talk people into deeding back weeks. 50+ owners for each unit X quite a few units. It's going to be a nightmare for Wyndham, especially their inept title department. This could take years to unravel, and then the HOA will no longer be solvent.

Hopefully as part of what the HOAs are paying the attorney firm and the other company, they will be handling the deed transfers not Wyndham.

Wyndham is particularly slow, inefficient, and error ridden in transferring the new deed into the Wyndham system, however in these cases that part won't have to be done.
 
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Wyndham is particularly slow, inefficient, and error ridden in transferring the new deed into the Wyndham system, however in these cases that part won't have to be done.
Hopefully they can setup the CWA accounts more seamlessly for those that take the swap. I would expect anyone doing a CWA swap will still have to go through the Docusign process.
 
Quoting from the other thread;
STAY away from Capital Vacations at all costs!!! There is big trouble at a resort they have managed that just came to my attention.
I've never heard good things about Capital Vacations. I would say that any HOA that is considering teaming up with them are actually HOAs that should consider either the bankruptcy route or taking a vote to collapse the timeshare scheme and sell. I think the problem is that many are hamstrung because they don't have enough engaged owners that can accomplish either thing. The Wyndham properties in scope here all have one thing in common. Wyndham controls a majority of the votes, so they can push these through. Any resort considering Capital should talk with Lemonjuice Solutions first.
 
Hopefully they can setup the CWA accounts more seamlessly for those that take the swap. I would expect anyone doing a CWA swap will still have to go through the Docusign process.

If you buy directly from Wyndham it only takes a couple of days to show up in your account. Resale transfers have a "when we get to it" priority. As I used to say to Jim before he retired when he'd tell me he'd get something done, are we talking in my lifetime? 🤣

When it's to their advantage, which no longer having to pay the maintenance fees on those CWA points definitely is, I have no doubt that they'll have a whole team working to get it all done Priority 1, lol. Some of you might recall salespeople using the term Priority 1. Yeah, I'm not as funny as I think I am.
 
Since there's so many of these transfers to do, all at once basically, they will likely outsource or staff aug the whole thing. There's no way they could do this volume of transfers in house.
 
You should have received communications related to the votes for properties where you are an owner. Are you sure your contact information is correct with the HOA? If you get electronic communications, it didn't perhaps go to spam?
Please read my statements prior to posting. I received communications from the HOA as per ballots but no communications from Wyndham and ended saying, " Many folks will make excuses for Wyndham's lack of communications but with Wyndham having full control and knowing the outcome of the vote before it happens it is only courteous common sense to communicate to owners!!!! ". I believe this says it all.
 
Many folks will make excuses for Wyndham's lack of communications but with Wyndham having full control and knowing the outcome of the vote before it happens it is only courteous common sense to communicate to owners!!!! ".
You can call it “making excuses” all you want. The facts are, the HOAs control when the meetings are held, what topics are discussed, what will be voted on, and when those votes will occur. Wyndham will have nothing to say until after the HOA votes are completed. It is a fact that the HOAs and Wyndham are separate entities. Full stop!

Any further discussion along these lines should almost certainly be in the other thread as you are stating an opinion that can be easily refuted with legal facts.
 
Posts debating legal and/or procedural issues are not allowed in this thread - move this conversation to the dedicated thread for this purpose
You can call it “making excuses” all you want. The facts are, the HOAs control when the meetings are held, what topics are discussed, what will be voted on, and when those votes will occur. Wyndham will have nothing to say until after the HOA votes are completed. It is a fact that the HOAs and Wyndham are separate entities. Full stop!

Any further discussion along these lines should almost certainly be in the other thread as you are stating an opinion that can be easily refuted with legal facts.
If Wyndham has 67% of the voting power at a resort the truth is Wyndham has enough votes to elect anyone they want thus Wyndham controls the HOAs.
This is a fact and the result are that indirectly Wyndham controls when the meetings are to be held, what topics are discussed, what will be voted on, and when those votes will occur. Also, I believe some of the boards have an actual Wyndham employee on the boards.
 
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Posts debating legal and/or procedural issues are not allowed in this thread - move this conversation to the dedicated thread for this purpose
The words If and indirectly are extremely important words in your post.

Did Wyndham have enough votes to make the pending Chapter 11 bankruptcy/closures succeed in all 14 resorts? Of course, they did and it's a matter of record.
Did Wyndham have enough votes to control all 14 resorts' elections of HOA members? Of course, they did.



Common sense and truth go together like bread and butter.
 
Posts debating legal and/or procedural issues are not allowed in this thread - move this conversation to the dedicated thread for this purpose
Did Wyndham have enough votes to make the pending Chapter 11 bankruptcy/closures succeed in all 14 resorts? Of course, they did and it's a matter of record.
Did Wyndham have enough votes to control all 14 resorts' elections of HOA members? Of course, they did.



Common sense and truth go together like bread and butter.
Does Wyndham have the same number of votes based on their ownership as every other owner? Yes
Does Wyndham pay maintenance fees on their ownership equal to all other owners? Yes
Is there a legal process being followed to decide the disposition of the property based on the timeshare laws in each state? Yes

You can have the opinion that Wyndham is not, or has not, been providing as much information as you would like. That's fine. It doesn't make what they are doing wrong or illegal. They are following a documented process, both as far as winding down their ownership from a business standpoint and a legal one. Which, to my mind, means they are using common sense in following those processes. To ignore those processes would indeed be illogical, and potentially, illegal.
 
You can call it “making excuses” all you want. The facts are, the HOAs control when the meetings are held, what topics are discussed, what will be voted on, and when those votes will occur. Wyndham will have nothing to say until after the HOA votes are completed. It is a fact that the HOAs and Wyndham are separate entities. Full stop!

Any further discussion along these lines should almost certainly be in the other thread as you are stating an opinion that can be easily refuted with legal facts.
You can reply to these posts in the Legal Debate thread even if they are posted in the tracking thread. Use the +Quote button to multi quote. Then create a new post in the Legal Debate thread and insert the quotes. It will move the discussion there. Continually replying in this main thread makes you just as much the problem as the other person that is posting.
 
Does Wyndham have the same number of votes based on their ownership as every other owner? Yes
Does Wyndham pay maintenance fees on their ownership equal to all other owners? Yes
Is there a legal process being followed to decide the disposition of the property based on the timeshare laws in each state? Yes

You can have the opinion that Wyndham is not, or has not, been providing as much information as you would like. That's fine. It doesn't make what they are doing wrong or illegal. They are following a documented process, both as far as winding down their ownership from a business standpoint and a legal one. Which, to my mind, means they are using common sense in following those processes. To ignore those processes would indeed be illogical, and potentially, illegal.

Your above post has absolutely nothing to do with the fact that Wyndham has made the decision to close these resorts. This isn't my first rodeo with Wyndham's power moves but the fact remains. Why would anyone disagree with the truth? Is it wrong depends on the owners opinion and for Wyndham evidently not. Is it illegal, well that remains to be seen if legal action is taken by anyone or if a governmental agency decodes to investigate the procedures used. This, of course, has nothing to do with the facts below which you failed to prove wrong.

Did Wyndham have enough votes to make the pending Chapter 11 bankruptcy/closures succeed in all 14 resorts? Of course, they did and it's a matter of record.

Did Wyndham have enough votes to control all 14 resorts' elections of HOA members? Of course, they did.

Lastly, did Wyndham have the power and votes to keep all 14 of the resorts open??????
 
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Did Wyndham have enough votes to make the pending Chapter 11 bankruptcy/closures succeed in all 14 resorts? Of course, they did and it's a matter of record.
Did Wyndham have enough votes to control all 14 resorts' elections of HOA members? Of course, they did.
We know that they have the votes today. Since you apparently know all, would you like to tell us when they hit that plateau of ownerships? What year did they get to the point where so many owners had just quit paying their mf’s that Wyndham had to take back the deeds and pay the mf’s themselves because they couldn’t sell them? Also, please tell us why and how long you would keep a resort open that is bleeding money?
 
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We know that they have the votes today. Since you apparently know all, would you like to tell us when they hit that plateau of ownerships? What year did they get to the point where so many owners had just quit paying their mf’s that Wyndham had to take back the deeds and pay the mf’s themselves because they couldn’t sell them? Also, please tell us why and how long you would keep a resort open that is bleeding money?
I agree with you. Wyndham did what they could to keep the resorts open by paying the maintenance fees themselves. They could have put 100% of the points in CWA but that would have hurt CWA. They did try to sell points at these resorts but no one was buying them. This is going to be what happens to every resort eventually. Old resorts need to be replaced and will be either by the cast majority of the resort being owned by the HOA or by the management company. Either was the HOA will eventually vote to sell the resort. The way Wyndham handled this was actually the best for the individual owners.
 
Your above post has absolutely nothing to do with the fact that Wyndham has made the decision to close these resorts. This isn't my first rodeo with Wyndham's power moves but the fact remains. Why would anyone disagree with the truth? Is it wrong depends on the owners opinion and for Wyndham evidently not. Is it illegal, well that remains to be seen if legal action is taken by anyone or if a governmental agency decodes to investigate the procedures used. This, of course, has nothing to do with the facts below which you failed to prove wrong.

Did Wyndham have enough votes to make the pending Chapter 11 bankruptcy/closures succeed in all 14 resorts? Of course, they did and it's a matter of record.

Did Wyndham have enough votes to control all 14 resorts' elections of HOA members? Of course, they did.

Lastly, did Wyndham have the power and votes to keep all 14 of the resorts open??????
I've debated this ad nauseum here on this thread. I too would call the HOA's actions, Wyndham's action. Although I admit that I conflated the two when I wrote my posts here and would call the HOA, Wyndham and visa versa, instead of being specific as to who the actor was, and I just merged them together as a single actor - as a lawyer would likely try to do.

If you read back I had, what I thought was a coherent valid claim of action here. I also agree with you that a lawyer would likely show exactly what you said - that Wyndham, knew what it was doing and stacked the HOA to vote the way it wanted the HOA to vote. Wyndham controlled the HOA membership by taking deed backs and not selling new ownership. Wyndham was then able to vote the HOA however it wanted in its best corporate interests. The HOA's actions would likely be seen as Wyndahm's actions. The question really is, however, is a lawyer really going to take a case against Wynhdam in this action? What's the real damages and is there any money in it for him or her.

So while others don't agree with you, I do. I'm sure I'll get some snarky remarks for giving my opinion and agreeing with you, but, you know, when I read many Supreme Court decisions while I studied for two state bars, they all seemed to have a concurring and dissenting opinion, meaning, many great legal minds can disagree on points of law.
 
I've debated this ad nauseum here on this thread. I too would call the HOA's actions, Wyndham's action. Although I admit that I conflated the two when I wrote my posts here and would call the HOA, Wyndham and visa versa, instead of being specific as to who the actor was, and I just merged them together as a single actor - as a lawyer would likely try to do.

If you read back I had, what I thought was a coherent valid claim of action here. I also agree with you that a lawyer would likely show exactly what you said - that Wyndham, knew what it was doing and stacked the HOA to vote the way it wanted the HOA to vote. Wyndham controlled the HOA membership by taking deed backs and not selling new ownership. Wyndham was then able to vote the HOA however it wanted in its best corporate interests. The HOA's actions would likely be seen as Wyndahm's actions. The question really is, however, is a lawyer really going to take a case against Wynhdam in this action? What's the real damages and is there any money in it for him or her.

So while others don't agree with you, I do. I'm sure I'll get some snarky remarks for giving my opinion and agreeing with you, but, you know, when I read many Supreme Court decisions while I studied for two state bars, they all seemed to have a concurring and dissenting opinion, meaning, many great legal minds can disagree on points of law.
The fact remains, unless the actions taken benefit Wyndham, as an owner more than other owners, ( something we have no reports of) there is nothing remotely illegal about what is happening.Just because Wyndham owns more than everyone else does not make it illegal for them to vote their best interest, as long as all owners receive the same proportional benefit. When you as an owner vote, you vote for what you think is best for you. Wyndham gate the same right. So without proof of special treatment, no court is going to consider Wyndham and the HOA as one and the same. Wyndham has zero obligation to consider the effects of its proposals on other owners The HOA is obligated to do whatever the membership legally votes it to do. As I have stated before just because you don't like the current actions does not a legitimate cause for a lawsuit create. That said I am none to pleased with the closing of a bunch of East Coast resorts, but I don't have the votes to stop it legally.
 
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