ecwinch
TUG Member
- Joined
- Jun 6, 2005
- Messages
- 3,737
- Reaction score
- 1,124
- Location
- San Antonio
- Resorts Owned
- Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
So this week I received a proxy solicitation for the uncertain election at KBV. The solicitation was from a "company" called the "Timeshare Board Law Group" with a listed address of 645 4th Street - Suite #205, Santa Rosa, CA 95404.
I was going to chuck it, assuming it was just another of those timeshare exit scams I get mailings from all the time. But it was clearly marked as "Important Notice and Proxy Enclosed", so I opened it. As expected, it was a proxy solicitation from the SaveKBV.org group.
Now being a google fu expert, I googled them....
no search results.... hmm
Ok.... let me go to California business search website the CA Secretary of State maintains. The envelope has a postage mailing permit, so I figure they must be an established business.
https://businesssearch.sos.ca.gov/
nope... nothing there either.
Last, but not least, I figured I would use Google maps to see what the business looks like. Below is the photo. I assumed that since it is Suite #205, that is likely the 2nd floor:
Ok - no worries. It is just a business that is using a fictitious business name - these names typically only have to be registered at the local level - so I will likely find some info on the Sonoma County website.
http://sonomacounty.ca.gov/CRA/Clerk-Recorder/Fictitious-Business-Names/
But nope nothing there either. Jo Jo's Resturant & Sushi Bar is there (their bento boxes are 5 star according to Lisa S.).
Now before the pundits jump in with their faux moral outrage, I do want to point out that there is nothing untoward about any of this. But procedurally there are some gaps in their proxy strategy. Because they are having proxies sent directly to Brian from the owners. Which is not the way HOA elections are supposed to be run. The correct process here is get the signed proxies (not some on-line petition where anyone can fill out) to call the special meeting for the purpose of recalling the directors.
Here is what our by-laws say about special meetings:
Nothing in that provision authorizes the members (or the plan manager) to decide where a special meeting will take place. That power rests entirely with the BoD.
I was going to chuck it, assuming it was just another of those timeshare exit scams I get mailings from all the time. But it was clearly marked as "Important Notice and Proxy Enclosed", so I opened it. As expected, it was a proxy solicitation from the SaveKBV.org group.
Now being a google fu expert, I googled them....
no search results.... hmm
Ok.... let me go to California business search website the CA Secretary of State maintains. The envelope has a postage mailing permit, so I figure they must be an established business.
https://businesssearch.sos.ca.gov/
nope... nothing there either.
Last, but not least, I figured I would use Google maps to see what the business looks like. Below is the photo. I assumed that since it is Suite #205, that is likely the 2nd floor:
Ok - no worries. It is just a business that is using a fictitious business name - these names typically only have to be registered at the local level - so I will likely find some info on the Sonoma County website.
http://sonomacounty.ca.gov/CRA/Clerk-Recorder/Fictitious-Business-Names/
But nope nothing there either. Jo Jo's Resturant & Sushi Bar is there (their bento boxes are 5 star according to Lisa S.).
Now before the pundits jump in with their faux moral outrage, I do want to point out that there is nothing untoward about any of this. But procedurally there are some gaps in their proxy strategy. Because they are having proxies sent directly to Brian from the owners. Which is not the way HOA elections are supposed to be run. The correct process here is get the signed proxies (not some on-line petition where anyone can fill out) to call the special meeting for the purpose of recalling the directors.
Here is what our by-laws say about special meetings:
Nothing in that provision authorizes the members (or the plan manager) to decide where a special meeting will take place. That power rests entirely with the BoD.
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