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IMPORTANT: Kauai Beach Villas December Special Election

ecwinch

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Did the accelerated court hearing at KBV-IOA's request occur, or did KBV-IOA just fold? If Wyndham was "cheating," would it not be reasonable to think KBV-IOA and saveKBV.org would want a court to weigh-in on the matter? Or was KBV-IOA worried about the court finding for Wyndham?

The hearing occurred on the 17th. As noted on the SaveKBV.org website, on Dec 12 SaveKBV.org announced they were "postponing" the meeting:

"Not wanting to drag GPR into our dispute with the KBV Board, the KBV Owner group that arranged for the Special Meeting felt, under the circumstances, it would be best to postpone the meeting until after the first of the year."

That announcement preceded GPR's announcement on Dec 13th (post #32 above) that neither the IOA or GPR would be holding the meeting.

So with both SaveKBV.org having "postponed" the meeting and GPR taken the position that they - as Plan Manager - would not recognize the results of said meeting, there really was nothing for the court to rule on. In court, GPR asked that the suit be dismissed. On Dec 19th, the IOA withdraw the lawsuit.
 

sjsharkie

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That is how I read the KBV election. So the only question left to answer is, "Was Wyndham really that smart, or did Wyndham just take advantage of the opportunity presented to them?"

jmo

They're that smart and they did take advantage of the opportunity presented to them.

My opinion:
They used their voting power to ensure that they had employees on the board once the previous board voted them out. And their 20%+ voting power block is much larger because we all know that most of the 80%- remainder does not vote. They used that power and their knowledge of the bylaws to appoint board members that were Wyndham friendly, so that when employed board members were forced to resign, they would have a board that would provide them with the contract.

Not surprising really. They had employed people working on this effort for several years (note: this is not conjecture... employed personnel were members of the board for part of the GPR period and we know from the smoking gun memo that there was at least one meeting held to strategize) -- much different than a volunteer grass roots group that is savekbv. The maintenance contract is worth big $$$ to them, not to mention a bigger opportunity to sell more timeshares to guests coming in.

-ryan



 

ecwinch

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The humorous aspect is the contention that SaveKBV.org did not want to "drag GPR into the dispute".

The court filing by KBVIOA clearly is in conflict with that statement. The timeline is as follows:

9/25/19 - KBVIOA BoD votes to sign management agreement with Wyndham, by a vote of 4-0, with Danielle Ramos abstaining.

10/1/19 - KBV owners are informed of this decision in an email

11/1/19 - SaveKBV.org announces plan to call a special meeting by members petition and to remove the BoD.

11/14/19 - SaveKBV.org begins asking members to endorse a electronic petition to call a special meeting.

11/18/19 - SaveKBV.org announces over "400 members" have endorsed the petition, and that they will be moving forward.

11/22/19 - Richard M. Bone the Attorney for Ms. Harrington, emails GPR COO Nigel Lobo alerting him that Ms. Harrington has delivered to GPR the members petition for a special meeting, and requests the meeting be held on Dec 18, at the Oakland Hilton. He explains that the petition is being delivered to GPR as Club website does not indicate who the BOD Secretary is. In regard to the required notice to KBV members, Mr. Bone states that "This Notice MUST BE MAILED no later than NOVEMBER 26, 2019."

11/25/19 - GPR notifies BoD President (Larry Warner) that they have received the members petition and as Plan Manager are calling the meeting for Dec 18 at the Oakland Hilton.

11/25/19 - BoD President notifies GPR to not call the meeting until the BoD can meet with counsel. He further requests that GPR provide the BoD with "copies of all documents provided to GPR"

11/27/19 - Nigel Lobo notifies the BoD that he is "unable to stop the special meeting" and that GPR is acting "under our obligations as Plan Manager".

11/27/19 - BoD Attorney Max Koppler delivers a demand letter to Nigel Lobo, again asking for the supporting documents previously requested and that the meeting not be called.

12/3/19 - BoD Attorney Christian Porter delivers another demand letter to Nigel Lobo, demanding that GPR retract the special notice by Dec.5; as the members petition is defective (i.e. no signatures) and the meeting location was not selected by the BoD, both requirements under the By-laws and Hawaiian law.

12/6/19 - KBVIOA files motion for preliminary injunction against GPR.

12/7/19 - GPR emails the members that As you would expect, GPR will "address the Complaint as due." and "GPR is not in a position to comment on the validity or non-validity of the meeting ".

12/13/19 - GPR emails the members the "Retraction of Notice of Special Meeting".
 
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CO skier

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They're that smart and they did take advantage of the opportunity presented to them.

My opinion:
They used their voting power to ensure that they had employees on the board once the previous board voted them out. And their 20%+ voting power block is much larger because we all know that most of the 80%- remainder does not vote. They used that power and their knowledge of the bylaws to appoint board members that were Wyndham friendly, so that when employed board members were forced to resign, they would have a board that would provide them with the contract.​
So Wyndham outplayed the opposition based on superior knowledge, not because the election was "rigged." Most of the 80% of owners must not care one way or the other.
 

CO skier

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The humorous aspect is the contention that SaveKBV.org did not want to "drag GPR into the dispute".
Dragging "GPR into the dispute" is the only way saveKBV.org could advance their agenda, because only GPR could take the actions saveKBV.org wanted. It makes no sense.

GPR tried and failed due to the inconvenient bylaws. That, at least, is the way I see it.
 

ecwinch

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This is the common narrative in these owner causes..... that they are at a disadvantage because of the sizable % of members who do do not vote, and if more people did vote - then the outcome would be different. Or so they hope.

Unfortunately hope is not a plan. Perhaps more people would support "the cause" if they outlined a clear plan for addressing the challenges confronting the KBVOIA. And one that had the support of the largest shareholder, rather than one designed to cast that shareholder as the "evil empire" and anyone who does not agree with them as "puppets".

I always find it ironic that grass-roots owner groups tend to form because they feel their dissenting voice is not being heard by the BoD. Then faced with potential supporters who question the factual basis of their positions or ask for a clear commitment to what they will do if elected, act in the same manner as those they wish to replace.

So perhaps some members would rather just keep the status quo, rather than handing control over to a group that cannot tell them what will be different.
 

CO skier

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This is the common narrative in these owner causes..... that they are at a disadvantage because of the sizable % of members who do do not vote, and if more people did vote - then the outcome would be different. Or so they hope.
Voters vote their pocketbook in any election. Wyndham buys defaulting ownerships and pays the dues, like they do in my HOA, and promotes the reduction in future maintenance fees; who would not vote for that? That is a positive financial plan.

Wyndham opposition offers what as a plan??

Knowing what I know, I would definitely support the Wyndham plan. It only makes $en$e.
 
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