• The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 26 years!

    Join tens of thousands of other owners just like you here to get any and all Timeshare questions answered!
  • TUG has now saved timeshare owners more than $14,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $14 Million dollars
  • Follow the TUG Member Banner as it travels the world on vacation with Timeshare owners! Also sign up to get the banner sent to you so you can submit a photo of your vacation with the banner to share with TUG! Banner Thread
  • Sign up to get the TUG Newsletter for free! Join tens of thousands of other owners who get this every week! Latest resort reviews and the most important topics discussed by owners during the week!
  • Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    Read more Here
  • A few of the most common links here on the forums for newbies and guests!

Concerns about appropriateness of some annual meeting arrangements

bjreichel

Guest
Joined
Apr 2, 2019
Messages
59
Reaction score
20
Points
8
Location
Denver, CO
Resorts Owned
PAHIO at Kauai Beach Villas
Brian.... I am going to disagree, primarily on the basis that the Plan Manager is subject to control of the BoD, and the proper channel would be to report that action to the BoD.
 

bjreichel

Guest
Joined
Apr 2, 2019
Messages
59
Reaction score
20
Points
8
Location
Denver, CO
Resorts Owned
PAHIO at Kauai Beach Villas
Eric- I meant this post to be in response to your post.

The State of Hawaii booklet entitled "Condominium Property Regimes: Owner Rights and Responsibilities," which I referenced in an earlier post, states (at page 32):

"Chapter 514B provides that every managing agent is a fiduciary with respect to the property the agent manages (514B-132(c)). As with board members, the fiduciary duty of the managing agent requires that the agent act with diligence, care, and skill, and make decisions in the best interests of the association."

I can't imagine that a court would interpret this duty to allow a managing agent to be willfully blind to malfeasance it knows to be occurring on the part of an association officer or director.[/QUOTE]
 

ecwinch

Moderator
Joined
Jun 6, 2005
Messages
3,703
Reaction score
1,092
Points
548
Location
San Antonio
Resorts Owned
Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
The State of Hawaii booklet entitled "Condominium Property Regimes: Owner Rights and Responsibilities," which I referenced in an earlier post, states (at page 32):

"Chapter 514B provides that every managing agent is a fiduciary with respect to the property the agent manages (514B-132(c)). As with board members, the fiduciary duty of the managing agent requires that the agent act with diligence, care, and skill, and make decisions in the best interests of the association."

I can't imagine that a court would interpret this duty to allow a managing agent to be willfully blind to malfeasance it knows to be occurring on the part of an association officer or director.
Brian - lets not play the word twisting game. Or course a managing agent should not be willfully blind to malfeasance.

But there is a proper channel for making a report, in keeping with the reference that you cited that the agent act with a duty of care.

And even if you feel that the managing agent is obligated to report such a breach to the owners, why are they making such reports to only a select few owners? Is that how you first learned that Larry is alleged to have acted without the proper authority?
 

bjreichel

Guest
Joined
Apr 2, 2019
Messages
59
Reaction score
20
Points
8
Location
Denver, CO
Resorts Owned
PAHIO at Kauai Beach Villas
Brian - lets not play the word twisting game. Or course a managing agent should not be willfully blind to malfeasance.

But there is a proper channel for making a report, in keeping with the reference that you cited that the agent act with a duty of care.

And even if you feel that the managing agent is obligated to report such a breach to the owners, why are they making such reports to only a select few owners?
I have no idea what policies and procedures are in place for anything, other than what is posted on the KBV owners community web page in the form of the Declaration, Bylaws and House Rules, or to whom reports are and are not being made. And therein lies the crux of a major problem plaguing the Association. I have asked direct questions about policies and procedures on this forum and received no answers. To say that I’m becoming increasingly frustrated with the lack of transparency and apparent willful disregard of Hawaii law and our governing documents by the people entrusted with ensuring obedience to our governing documents and Hawaii law is an understatement. Perhaps my time would be better served not as a board candidate, but rather leading an owners group class action at this point in time....
 
Top