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IMPORTANT! We have a Tugger running for the WKORV BOD!

DeniseM

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Greg - It is for WKORV - not WKORVN - is that what you are asking?
 

DeniseM

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Jeff - can you please comment on my post above about how to mark the 3 proxies? It's unclear to me. Since all 3 proxies have different choices, I'm not sure how to proceed.

Jeff has responded and he is clarifying some things with Starwood and will get back to us.

BTW - Jeff thought the directions were unclear as well, and he's even an attorney ;) So it's not just moi! :D
 
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gregb

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Assoc of Appt Owners ORVN proxy "Gotcha!"

I am just reading the proxy for the "Association of Apartment Owners of Ocean Resort Villas North", and I believe there is an "interesting Gotcha!" in it. It says that by signing the proxy I give the board a right to "represent me" ... "unless owners of a majority of the interests in my apartment elect to cast the vote for that apartment themselves." I read this to mean that the only way I get to have a say in how the apartment votes is if I can contact the other 51 owners that were randomly assigned the same unit on their title as I was, and get at least half of them to agree to join my vote. :eek: WOW. How does one even begin to find and contact the other owners of "your unit"? This seems to make it nearly impossible to have a meaningful input via a vote. Has anyone else noticed this?

Greg
 

DeniseM

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I am just reading the proxy for the "Association of Apartment Owners of Ocean Resort Villas North", and I believe there is an "interesting Gotcha!" in it. It says that by signing the proxy I give the board a right to "represent me" ... "unless owners of a majority of the interests in my apartment elect to cast the vote for that apartment themselves." Has anyone else noticed this?

Yes - I believe it is the same on the WKORV Ballot - I don't know if you saw my post above, or not, but I marked it:

Green - √-"I do not want the Vacation Plan Board to cast the vote of my apartment at the Condominium Association's Annual Meeting."
Is that one of your choices?
 

gregb

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Greg - It is for WKORV - not WKORVN - is that what you are asking?

I understand he is running for the South side, so his name does not show up on our proxies for the North side. But he is running for the board of which one of the three South associations? That is, does his name appear on proxy for the "Ocean Resort Villas Vacation Owners Association" (yellow), the "Ocean Resort Master Association" (blue) or the "Association of Apartment Owners of Ocean Resort Villas", (green). (I am inferring the names and colors for the associations for the South side from my proxies for the North.)

These are three separate associations, and so they should have separate boards. They may have the same members on each board, but they should still be separate boards. Notice that the annual meetings are scheduled at different times.

Greg
 

gregb

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Yes - I believe it is the same on the WKORV Ballot - I don't know if you saw my post above, or not, but I marked it:

Is that one of your choices?

Yes. Same choice, but no board member to vote for.
 

jarta

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Greg, ... It's not an "interesting Gotcha!" inserted into the proxy by Starwood. It's part of the Hawaiian State condo law:

"§514B-123 Association meetings; voting; proxies. (a) If only one of several owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one of the owners is present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration or bylaws expressly provide otherwise. There is majority agreement if any one of the owners casts the votes allocated to that unit without protest being made by any of the other owners of the unit to the person presiding over the meeting before the polls are closed."

http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0514B/HRS_0514B-0123.htm ... eom
 

Denise L

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Jeff has responded and he is clarifying some things with Starwood and will get back to us.

BTW - Jeff thought the directions were unclear as well, and he's even an attorney ;) So it's not just moi! :D

Okay, I am just opening the envelopes and getting ready to vote, so I am waiting for the post that tells me how to fill out the forms. My instinct is to vote:

Blue: No proxy holder
Yellow: no clue as to section I (so would leave it blank), Jeff in section II
Green: no clue

Why do they have to make it so complicated? If I am designating the board or vacation plan folks to vote, I want to know what we are voting on!
 

gregb

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Greg, ... It's not an "interesting Gotcha!" inserted into the proxy by Starwood. It's part of the Hawaiian State condo law:

http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0514B/HRS_0514B-0123.htm ... eom

Jarta, Thanks for the comment and the link. What I find interesting is that the Condo rules seem to be written for a residential condo, not for a time share condo. My question remains, do I have to contact the TS owners who were randomly assigned the same unit as I was on my title in order to have any say in the votes for the Green Assoc. of Apts Owners? Or does that text apply only to the people whose names are on my title?

Greg
 

jarta

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Greg, ... I am an Illinois lawyer, not a Hawaiian lawyer. We have nothing similar in Illinois. But, I think the provision is not really determinative regarding timesharing.

It seems right out of Kramer v. Kramer where one named on the deed shows up to vote for one person and another owner whose name is also on the deed shows up to vote for someone else.

But, it's Jeff's election. Maybe he should answer. ... eom
 

j4sharks

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Hi All,

First, it's not "my" election -- it's "our" election. I just volunteered to serve, if elected.

Second, I think the proxies are no model of clarity. I asked Shawn O'Brien of Starwood for instructions on how to fill them out, and his responses did not shed a ton more light (see our email exchange, below). Bottom line seems to be, though, that if you mark an XX next to your chosen candidate on the one ballot that includes the BOD candidates, then you should be ok no matter what box you select form the choices about who will hold your proxy.

Good luck!

Jeff
___________________________________________

If the vote of the board on how to vote proxies (which have not selected limited power is not unanimous then it matters as a majority vote or as a weighted vote.

If the second proxy marks the limited powers it doesn't matter at all because that section directs the proxyholder (including a board held proxy) how to vote the proxy. .

Sent from Blackberry Wireless (its got little itty bitty keys)

----- Original Message -----
From: Hyman Jeff <jnhyman@hotmail.com>
To: O'Brien, Shawn
Sent: Thu Jan 21 17:57:27 2010
Subject: Re: Proxy question

Regarding step 2 in the first two proxies, how does it make a difference based on the option selected? Can any of those options cause the proxy not be voted for the chosen candidate in the BOD vote?

Thanks,

Jeff


On Jan 21, 2010, at 2:50 PM, O'Brien, Shawn wrote:

>
> Jeff,
>
> I did not spec the colors so I cannot guide you by color but I can guide
> you by the entity.
>
> MASTER
>
> Step 1
> In the upper right hand corner select whether your ownership is annual
> or biennial
>
> Step 2
> Select who your proxy holder is
> The first box is a board held proxy and voting the proxy is decided by a
> majority of the board.
> The second is a board held proxy where each board member gets a weighted
> vote (pain in the butt provision
> The third section is for a true proxy holder meaning someone that goes
> to the meeting in your place and votes. This person must be present at
> the meeting and physically have your signed proxy.
> The fourth section allows the proxy to be counted for quorum but not
> voted.
>
> Step 3
> The proxy must be signed and if you own it with your wife she must sign
> it as well.
>
>
> VACATION OWNERS ASSOCIATION
>
> Step 1
> Select Annual or Biennial according to your ownership
>
> Step 2
> Select who your proxy holder is
> The first box is a board held proxy and voting the proxy is decided by a
> majority of the board.
> The second is a board held proxy where each board member gets a weighted
> vote (pain in the butt provision
> The third section is for a true proxy holder meaning someone that goes
> to the meeting in your place and votes. This person must be present at
> the meeting and physically have your signed proxy.
>
> Step 3.
> This is the limiting powers of the proxy. This directs the proxy holder
> to vote in a specific manner in the election. Here you will vote by
> putting an "X" next to the person you are voting for director and also
> has the option for a write in candidate. (if you are voting for yourself
> put an "X" next to your name)
>
> Step 4.
> Sign the proxy and if you own with your wife have her sign as well.
>
> APARTMENT OWNERS
>
> In the upper right hand corner select whether your ownership is annual
> or biennial
>
> Step 2
> Select who your proxy holder is
> The first box is a board held proxy and voting the proxy is decided by a
> majority of the board.
> The second is a board held proxy where each board member gets a weighted
> vote (pain in the butt provision
> The third section is for a true proxy holder meaning someone that goes
> to the meeting in your place and votes. This person must be present at
> the meeting and physically have your signed proxy.
> The fourth section allows the proxy to be counted for quorum but not
> voted.
>
> Step 3
> The proxy must be signed and if you own it with your wife she must sign
> it as well.
>
> The first box is a board held proxy and voting the proxy is decided by a
> majority of the board.
>
> The second is a box denying the VO Board the authority to vote the
> proxy.
> The board held proxy where each board member gets a weighted vote (pain
> in the butt provision.
>
>
> Step 4.
> Sign the proxy and if you own with your wife have her sign as well.
>
>
>
> I hope this helps.
>
 
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jerseygirl

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First, it's not "my" election -- it's "our" election.

Wow -- a version of that quote won a historical election in Massachusetts this week. If you drive a truck, I predict good things! :) Good luck!
 

DeniseM

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Bu-bumping! :hi:
 

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I don't see Jeff on a ballot (in fact, only see proxy material)

TUG's own j4sharks (Jeff Hyman) is officially a candidate for the WKORV Board of Directors!

I have received the proxy mailing for the February meeting, but not any material with specific candidates. Clarify, please, how to place a vote for Jeff.
 

DeniseM

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Do you own at WKORV? Or WKORV-North? Jeff is running for the WKORV BOD.

There are actually 3 boards - WKORV, WKORV-N, and a joint board.

If you own at WKORV - see post #69 on page 3 of this thread, to see how Jeff and I marked our ballots.
 

Ågent99

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I own WKORV-N so I'll send good thoughts to Jeff.

How are some of the -N members filling out their ballots?

To gregb (hello Cupertino neighbor...I'm in San Jose) I own weeks 30 and 11. They split up our "every year" purchase to even and odd years but essentially, we have it every year. I received two separate ballot mailings.
 

DavidnRobin

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This thread deserves a bump.

If SVO/WKORV BOD is reading- I recommend that they be very careful in making decisions that show they are not acting in the best interest of the HOA because the proxy system is set-up to essentially give them total control of decision making.

To the point - a quorum is not achieved, but a high percentage of proxies that were actually turned in voted for a Owner - that the HOA BOD choose to ignore.

It may be time to change the BOD and SVO's risk/reward perception...
 

clsmit

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Isn't the Board meeting today? What happened?
 

DeniseM

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They won't check - please sneak in and see if Jeff gets elected!

BTW - the meeting is probably at the Westin Maui HOTEL, not the TS!
 
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oneohana

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Mini HOA Update

They won't check - please sneak in and see if Jeff gets elected!

BTW - the meeting is probably at the Westin Maui HOTEL, not the TS!

Sorry Jeff, you came in second. They did not give a count total.
Beatrice Case won. They own 13 weeks:eek:

475 weeks are delinquent (4%), 208 which are paid in full. They are talking about a deed back program for those units which are paid. If the owners refuse, they will start the foreclosue process.There is a possibilty of owners purchasing them for the money owed.

Marriott has reached a settlement with the county, but the terms are confidential. At the meeting they said that Marriott funded the tax increase with their reserve funds.

The 2 biggest grips wre communnication and room assignments.

Next HOA meeting will be on 12/16/10.
 

DanCali

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Sorry Jeff, you came in second. They did not give a count total.
Beatrice Case won. They own 13 weeks:eek:

Bummer, but I can't say I didn't expect it.

IMO, Starwood would bend over backwards and do everything (legal) within their means to prevent a resale owner, let alone a TUGger, from geting on the Board.

It'd be interesting to hear Jeff's perspecive on this and how the interview process was.

Can anybody enlighten the rest of us with Ms. Case's profile? I wonder what was in there that made her such a compelling candidate.
 

gregb

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Using fuzzy math, 475 delinquent weeks, times $2500 MF equals $1,187,500 total delinquent MF for the year. 280 units times 51 weeks per unit minus the 475 delinquent weeks gives 13805 total current weeks in the resort. Divide the total delinquency by the number of remaining unit weeks yields about $86 for each owner week to cover the MF of delinquent owners. Now I don't have my statement with me on the road, so what did they charge us per week to cover the delinquent fees?

Greg
 

jarta

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DanCali, ... "Can anybody enlighten the rest of us with Ms. Case's profile? I wonder what was in there that made her such a compelling candidate."

Ok, here goes! What I found from Internet searches.

Beatrice Case lives on the Monterey Peninsula in Pebble Beach, California with her husband, Nelson Case. They list themselves as "retired." He has a link on his Facebook page to the WKORV Facebook page. I hope the links work:

http://www.facebook.com/people/Beatrice-Case/1440465532

http://www.facebook.com/people/Nelson-Case/678161317

Nelson Case and Beatrice Case have given substantial political contributions to mostly Republican candidates and causes:

http://www.campaignmoney.com/financ...&rc=446&prevpage=9&cycle=08&city=Pebble+Beach

I believe Nelson Case is the son of long-time NBC radio broadcaster and Armstrong Circle Theatre host, Nelson Case, who was an acquaintance of the author James Michener who wrote "Hawaii."

http://www.michenermuseum.org/bucksartists/artist.php?artist=46

Beatrice Case was (is?) the Secretary of the Board of the Historic Garden League of the Monterey Peninsula:

http://www.zoominfo.com/Search/Pers...rchBox=Beatrice+Case&personName=Beatrice+Case

Beatrice and Nelson Case are reported to own 13 weeks at WKORV. I get the feeling (my opinion only) that they use them and do not rent them out and are often at the resort.

Jeff Hyman, j4sharks, has a lot of qualifications (I'm not posting them because Jeff seems to be a very private and modest person), mainly with his pro bono work and associations with Apple and Intel.

The existing WKORV board used its discretion to vote the proxies the way it saw fit. That is what happens, by statute, in most corporate elections. To wage a proxy war for a seat on a board and to beat the authority of the sitting board members to vote the unspecified proxies, you must start very early and be very organized. ... eom
 

oneohana

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12/16/10 HOA Meeting

So who's coming? You guys have a little under 10 months to decide. No complaining about having a short notice of when it is.

The owners present were to say the least very passionate. Just like you guys. I'm sure between the two of you, you can make a difference.

It is amazing how many weeks some of these owners own. One owner looked down on people staying "only 7 days" (even owners). I didn't even want to tell her that I used *options to trade into WKORV. I think if I see her around the pool I'll tell her I traded in with II and got a OF unit. That is about the worst thing one can tell an owner here.:D

Come on, you guys just need to buy more weeks.:cheer:
 
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