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2021 KBV BOD Election And Ballot Questions

AnalogJ

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May 8, 2021
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Resorts Owned
Kauai Beach Villas; Samoset Resort, Rockport, ME; The Harborside Inn, Edgartown, MA
Aloha everyone!

It has obviously been a frustrating year for everyone. The timeshare industry has been no different.

With the KBV BOD election coming up shortly, and with the ballot questions for updating the Declarations and Bylaws. I'd like to address all of these separately:

The BOD ballot has names known to us, and one who is likely not familiar. Most owners who are less-informed or not informed at all will just vote for the incumbents. I'm not thrilled with the known candidates, but it is what it is. I certainly hope that in the future we can bring some independence back to the BOD.

Kevin Garner is the one candidate I had never heard of prior to seeing his name on the 2021 ballot. Frankly, his bio on the ballot didn't tell me much of what he would bring to us as a member of the BOD; and after the travesty of George Keeney, who was actually put on the ballot two years ago without actually owning any property (which is against the law in Hawaii and against the bylaws of KBV), I needed to find out more about Mr. Garner before I might vote for him.

I actually tracked him down through some internet research and had a pretty long chat with him. I suggested that he post a more in-depth bio here. Unlike George Keeney, Mr. Garner actually has owned at KBV for 18 years. He hasn't returned here a lot, but the last time he was here, several years ago, he thought it looked tired, and felt that his background in home remodeling might be a good thing to bring to the BOD now that he has largely retired from his company (Garner Remodeling in Topeka, KS). I hope Mr. Garner will post a more thorough bio and answer questions to allow you to consider whether you want to put any of your votes toward him.

Regarding the ballot questions, I hope y'all have taken several minutes to look at the 'red-lined' versions of the proposed Bylaws and Declarations changes. Some of the changes are fine, but some of them post a red-flag for my and my wife (who is a lawyer). I haven't had access to being able to see the proposed changes very long, and I have not had the opportunity to ask questions about the changes as proposed by the current BOD. As a result, my thought is to vote 'NO' to allow some discussion and accountability.

One of the proposals is to change the Hawaii resident requirement law, which used to be on the books in the state of Hawaii requiring that all boards include a native Hawaiian. Two years ago, Larry Warner used that then obsolete law to remove Trish Harrington from the BOD, who actually had enough votes to be voted onto the BOD. (This was the infamous annual meeting where Jack Goodstein acknowledged that I had been right about the BOD being corrupt in Wyndham's favor, and then quit the BOD as a result). Now, the BOD wants to remove the rule. I'm guessing it's because Dani Ramos has been looking to retire and has stayed on as a good soldier. If she gets voted in this time and the Hawaii resident rule is eliminated, the BOD can choose her successor without having to put that seat up for vote by the owners this time around. If she simply resigned without the change in the Bylaws, they'd either have to kick off another member of the BOD, or have to find another Hawaiian resident to take her place.

Anyway, I'm going to vote against the updates. I think we need to discuss them before agreeing to them, my suggestion.
 

Kngarner

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Bali Hai, royal sands, royal Hacienda, Kona Hawaii resort, Kaua’i Beach villas
Aloha Kauai Beach Villa Owners

I wanted to take some time to introduce myself. I am Kevin Garner of Topeka KS. Married To Nancy Jean for 36 years. We have 2 children and 7 grandchildren ranging from 14-3 years old. They are my energy and spark of youth. I am still actively coaching my oldest grandsons baseball team.

My wife and I started a small construction company 36 years ago in our youth. We grew the company to 32 employees and had branched out into an electrical division and a guttering division. During the course of business we transformed into a niche market that was relegated to insurance repairs which required relationships with insurance adjusters, companies and the families we represented. These relationships created the value and customer trust we so needed to expand the business. Our company was 5 times selected as specialty company of the year in the Topeka Market. We were included numerous quarters as a top 10 company in the insurance repair category for the mid-west region. The work we did was the easy part, but the art of negotiation was the skillset that I utilized to be successful.

In 2015 my wife was injured in a head on collision that would change our life. We had to rethink our priorities so as to understand life is short. We have been so blessed that she is alive. It was at this time I made a decision to start the process of selling the businesses. It sold 2 1/2 years ago to my long term employees of 25 years. We are still actively involved in the properties we acquired during our years of business.

My experience on the Board of Directors at the Topeka Home Builders Association started out as a major overhaul of the association. I came in as an advisor for the first year and then served as President and then a board member. This was a 7 year stay until the bylaws required I move on.
At the Jayhawk Area Agency on Aging I was brought in as an appointed board member by the Mayor of the city of Topeka. I am currently still a board of director and past president. Total of 6 years also serving on the finance committee.
I am currently on Garner Remodeling Board and will be until the foreseeable future.
I am the trustee chairman of Lowman United Methodist Church. These terms are for 3 years. It was requested of the Bishop I stay on as the chairman for a total of 8 years. Our church was in much need of repair and updates that were not being done. This is important as we have been able to complete $ 1,000,000.00 plus in remodeling and repairs in this time frame and all the while not depleting or reducing our funds.

I can see Kauai Beach Villas as the premier vacation destination in all of Kauai. The magnificent Beach and the location are spectacular and one of a kind. I would like this property to be your home away from home. We can make Kauai Beach Villas that place.

I would like to thank you for taking the time to read the short version of who I am and what I can bring to the Board of Kauai Beach Villas.

I would like to ask for your vote in the upcoming election and Thank You Kevin C. Garner
 

Larry Nuke

TUG Member
Joined
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Messages
15
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Points
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Resorts Owned
Kauai Beach Villas; Bali Hai Resort
Aloha everyone!

It has obviously been a frustrating year for everyone. The timeshare industry has been no different.

With the KBV BOD election coming up shortly, and with the ballot questions for updating the Declarations and Bylaws. I'd like to address all of these separately:

The BOD ballot has names known to us, and one who is likely not familiar. Most owners who are less-informed or not informed at all will just vote for the incumbents. I'm not thrilled with the known candidates, but it is what it is. I certainly hope that in the future we can bring some independence back to the BOD.

Kevin Garner is the one candidate I had never heard of prior to seeing his name on the 2021 ballot. Frankly, his bio on the ballot didn't tell me much of what he would bring to us as a member of the BOD; and after the travesty of George Keeney, who was actually put on the ballot two years ago without actually owning any property (which is against the law in Hawaii and against the bylaws of KBV), I needed to find out more about Mr. Garner before I might vote for him.

I actually tracked him down through some internet research and had a pretty long chat with him. I suggested that he post a more in-depth bio here. Unlike George Keeney, Mr. Garner actually has owned at KBV for 18 years. He hasn't returned here a lot, but the last time he was here, several years ago, he thought it looked tired, and felt that his background in home remodeling might be a good thing to bring to the BOD now that he has largely retired from his company (Garner Remodeling in Topeka, KS). I hope Mr. Garner will post a more thorough bio and answer questions to allow you to consider whether you want to put any of your votes toward him.

Regarding the ballot questions, I hope y'all have taken several minutes to look at the 'red-lined' versions of the proposed Bylaws and Declarations changes. Some of the changes are fine, but some of them post a red-flag for my and my wife (who is a lawyer). I haven't had access to being able to see the proposed changes very long, and I have not had the opportunity to ask questions about the changes as proposed by the current BOD. As a result, my thought is to vote 'NO' to allow some discussion and accountability.

One of the proposals is to change the Hawaii resident requirement law, which used to be on the books in the state of Hawaii requiring that all boards include a native Hawaiian. Two years ago, Larry Warner used that then obsolete law to remove Trish Harrington from the BOD, who actually had enough votes to be voted onto the BOD. (This was the infamous annual meeting where Jack Goodstein acknowledged that I had been right about the BOD being corrupt in Wyndham's favor, and then quit the BOD as a result). Now, the BOD wants to remove the rule. I'm guessing it's because Dani Ramos has been looking to retire and has stayed on as a good soldier. If she gets voted in this time and the Hawaii resident rule is eliminated, the BOD can choose her successor without having to put that seat up for vote by the owners this time around. If she simply resigned without the change in the Bylaws, they'd either have to kick off another member of the BOD, or have to find another Hawaiian resident to take her place.

Anyway, I'm going to vote against the updates. I think we need to discuss them before agreeing to them, my suggestion.
I'm not sure who this is: Analog J, but I'm guessing it is Jeff Bellin. As is typical of Jeff he doesn't let the facts get in the way of his opinion. Some history is in order here. Long ago Hawaii put into law the requirement to have a Hawaiian Resident on all Time Share boards. Somewhere in the past the requirement was written into the Bylaws of KBV to have a Hawaiian Resident on the Board. Then the state decided to remove that requirement from Hawaiian Law. The new law stated that it was no longer required unless the governing documents of the association required it. The KBV Bylaws currently require we have a Hawaiian Resident on our board.

The election referred to had three top vote getters but none were Hawaiian Residents. Hence we could only seat the top two vote getters and hold another vote for a Hawaiian Resident, whish we did. No obsolete law was used to remove Trish Harrington because she was not one of the top two vote getters nor was she a Hawaiian Resident. Jeff keeps saying his wife is a lawyer, but he must never listen to her because he keeps stating incorrect opinions about Hawaiian law and our governing documents.

I led a two year project to improve the Bylaws and Declaration you have presented to you for a vote. These documents have been reviewed by our legal counsel, parts by our former management company, some by our current management company and many others knowledgeable of time share governance. And now apparently by our own resident expert Jeff Bellin.

Our governance documents were written in a time before there was eMail, Zoom, Web sites and more. We want to allow the association to use these modern tools to the best advantage of the corporation which will improve communications and in some ways save us money (your money) The current documents refer to Hawaii law that has been repealed and replaced, they have provisions for the developer which no longer exists and much more.

Your board of directors endorses the changes to these documents and asks you to vote to approve them.

It was a pleasure to see Kevin Garner submit an application for the board. He has attended every board meeting for over a year. He has first hand learned what challenges are facing KBV and has offered his help to the board. Most of the past candidates came in with a personal agenda and didn't know what they were talking about but they knew how to fix all our problems. I admire Kevin for wanting to understand the issues. We have had board members in the past that didn't know much about time share associations and some of the challenges facing us today are no thanks to them.

Larry D. Warner
President
KBV Interval Owners Association
KBV Association of Apartment Owners
I have stayed at KBV every year but one since 2005.
 

DeniseM

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Hi Kevin - Welcome aboard! As you may already know, there are a lot of hard feelings between owners who supported Wyndham in the last election, and owners who supported Grand Pacific Resorts. My best advice to you (if you get elected) is to stay independent. With that being said, chances are that the election won't have enough votes for a quorum, the sitting board will get to choose whoever they want to be on the board, and they will pick someone who is loyal to Wyndham.
 

Pathways

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I'm not sure who this is: Analog J, but I'm guessing it is Jeff Bellin.
OMG - you read my mind....for a few weeks now I have been thinking "I sure miss Jeff from Salem" and his 'Smoking Gun' stories. How on earth could anyone vote without his direction? ;) ;)
 

Larry Nuke

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Kauai Beach Villas; Bali Hai Resort
Hi Kevin - Welcome aboard! As you may already know, there are a lot of hard feelings between owners who supported Wyndham in the last election, and owners who supported Grand Pacific Resorts. My best advice to you (if you get elected) is to stay independent. With that being said, chances are that the election won't have enough votes for a quorum, the sitting board will get to choose whoever they want to be on the board, and they will pick someone who is loyal to Wyndham.
Denise you should try to understand the bylaws of the association before you make incorrect statements. Your incorrect statements simply confuse uninformed owners such as yourself.
If there is not a quorum (the total of people attending and proxies) then there is no meeting. The only time the BOD can appoint someone to the board is when for any reason a board member leaves the board, someone can be appointed to fill that seat for the remainder of the term of the board member who left.

Presently Hawaii law prohibits association annual meetings from being conducted electronically. The Bylaws we have submitted to the owners for a vote would permit annual meetings to be helf electronically.

The only test we want a candidate to meet is the one of fairness and dedication to the owners of KBV. We adopted a code of conduct some years ago. When I joined the board there were some members who hated Wyndham but they could never explain why, they just hated them. There were some who thought Grand Pacific was really good, but ignored many things GP did improperly.

These statements are my personal opinions and not those of the board of directors.,

Larry D. Warner
 

DeniseM

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Larry - spare me the "code of conduct" baloney. The regulars here are well aware of how the last election was run: It was a hostile takeover by Wyndham. I'm done here.
 

jacknsara

KBV Forum Moderator
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Pahio Kauai Beach Villas, Pahio Shearwater
Aloha,

This thread is a target rich opportunity for response but I don’t want to spend that much time right now.

Beginning with the end in mind:

We will be voting to adopt the revised Covenant, Conditions and Restrictions (CCR). While not perfect, the positives far outweigh the negatives. I encourage all owners to vote to approve the revised CCR. The threshold for a valid decision is 50% + 1 of all the voting power. Wyndham’s ownership alone is not sufficient.

We have not yet decided how we will vote on the revised By-Laws. Wyndham’s direct ownership is either sufficient by itself or pretty close. There is at least one detail within the proposed revision that concerns me. I have no advice for other owners.

Wyndham itself does have enough voting power for the quorum requirement for the BOD vote. Given my prior posts about candidates using this TUG forum to communicate with KBV owners and Kevin’s post, Sara & I will assign all our votes to Kevin.

We’re on travel now. I haven’t decided whether to address many other matters identified earlier in this thread, but even if I do, it may be after the election.

One item for now: Contrary to Jeff’s statement, While I did state that Jeff was correct about Wyndham’s intention to stage a hostile takeover, I have no recollection of ever accusing Wyndham of being corrupt.

Jack
 

Larry Nuke

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Aloha,

This thread is a target rich opportunity for response but I don’t want to spend that much time right now.

Beginning with the end in mind:

We will be voting to adopt the revised Covenant, Conditions and Restrictions (CCR). While not perfect, the positives far outweigh the negatives. I encourage all owners to vote to approve the revised CCR. The threshold for a valid decision is 50% + 1 of all the voting power. Wyndham’s ownership alone is not sufficient.

We have not yet decided how we will vote on the revised By-Laws. Wyndham’s direct ownership is either sufficient by itself or pretty close. There is at least one detail within the proposed revision that concerns me. I have no advice for other owners.

Wyndham itself does have enough voting power for the quorum requirement for the BOD vote. Given my prior posts about candidates using this TUG forum to communicate with KBV owners and Kevin’s post, Sara & I will assign all our votes to Kevin.

We’re on travel now. I haven’t decided whether to address many other matters identified earlier in this thread, but even if I do, it may be after the election.

One item for now: Contrary to Jeff’s statement, While I did state that Jeff was correct about Wyndham’s intention to stage a hostile takeover, I have no recollection of ever accusing Wyndham of being corrupt.

Jack
Remember, under the current bylaws only proxies or owners present at the annual meeting can vote. If you give someone your proxy and they are no in attendance at the annual owners meeting then your vote will not be cast. One of the changes in our governing docs will permit electronic attendance at the annual owners meeting in the future.
 

Kngarner

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Topeka KS
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Bali Hai, royal sands, royal Hacienda, Kona Hawaii resort, Kaua’i Beach villas
Aloha members of the Kauai Beach Villas. I am Kevin Garner you can read my Bio further up on this thread. I am asking for your vote on May 20th 2021. I am running for the Board And hope you will support me with your votes.

When you receive your proxy there is a QR code that you can open your smart phone camera on. This will let you open the information and vote. Very simple, you can also go to the website listed on the card and follow the very easy to use steps.

Vote for Kevin Garner

Thank You
Kevin C. Garner
 

Dalownerx3

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Hi Kevin. Thank you for taking the time to post your bio and introducing yourself.

If elected, what do you want to see happen as a member of the board?
 

Kngarner

TUG Member
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Bali Hai, royal sands, royal Hacienda, Kona Hawaii resort, Kaua’i Beach villas
Great question, I’m looking to improve overall property appearance. I’m not complaining but feel we could make small but impressive changes that would give us a leg up on other properties. This is a beautiful property. This is a property you want to refer to your friends and family so they can share in it’s beauty. I’m hoping that my background will be of use in these areas and many others. I do not expect to come on board and disrupt a platform that is in process and working for the betterment of its members. I definitely do not want to see implementation of new products, processes and/or policies that would be at a cost to its members.

Thank You for your question

Kevin Garner
 

Kngarner

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Topeka KS
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Bali Hai, royal sands, royal Hacienda, Kona Hawaii resort, Kaua’i Beach villas
Thanks Jack and yes I am very new to tug. After the voting I would like to get more familiar with the format and how best to use the tool. Thank you for the link.
 
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