KAUAI BEACH VILLAS-ONE NIGHTMARE AFTER ANOTHER....!!!!

[WaikikiFirst]

Is it fraudulent or just morally reprehensible to sell a KBV timeshare with these and other poison fruits hanging from the KBV trees?

of course it is, but people do what ...

 

[schreff]

of course it is, but people do what ...

It will be only a matter of time until the folks that sold these properties without full disclosure will be either charged by the Hawaii AG/DCCA or direct legal action will be pursued by the buyer. Those buyers should immediately file with both agencies along with the FTC.

 

[schreff]

That's nonsense. Wyndham's goal is clearly to wind this property down, and do it sooner rather than later. Both of these moves serve that goal, in that they limit the damages available to the whole owners. That will hopefully have the effect of bringing their suit to a more timely end. From where I sit, the lawsuit was already a longshot, and now that the upside is significantly lower, the whole owners may decide to stop throwing good money after bad.

This all seems to be in my best interests as an owner. This resort is a dead man walking thanks to the significant defects during original construction. There is no saving it, and the termination process is being held up by the lawsuit. The faster that can be dispensed with, the better.

I don't think Wyndham is doing this because they care about me. But, in this instance, it appears that our incentives are aligned. They want out, and so do I.

Thanks for your opinion but I don't think the issues that I discussed are " nonsense". Perhaps either you or another forum contributor can help owners like me in answering the questions both Wyndham, Wyndham Resort Management and the Board refuse to answer. What evidence is there that Wyndham wants the resort closed as you assume? Is the astronomical special assessment still pending or is it moot? What are the short and long term plans of Wyndham and the Board for KBV? Were there any loans sought from financial institutions by the BOD or Wyndham prior to considering the huge assessment decision? Is it fact or fiction that Wyndham has a controlling interest in KBV? Does the BOD have immunity when KBW incorporates? Some of the whole owners are still living in the buildings that are structurally problematic, are these units safe for habitation? Why is incorporation in the best interest of owners?

l do believe that it is " nonsensical " to not prudently seek all the facts which have been hidden from owners by not only Wyndham but by our own Board of Directors. It's a matter of common sense.

 

[bnoble]

My evidence is that Wyndham understands "money." The cost of remediation is on the order of the value of the condos themselves. You do not spend $300K to save a $300K house. You sell it as a tear-down hoping to salvage whatever value you can from the land, because it is a tear-down. Furthermore, the AOAO (which is controlled by Wyndham) proposed the partition vote. No sane person proposes a vote to terminate the resort unless they want to terminate it. "Here's this vote, we hope it doesn't pass and nothing changes" makes much less sense than not proposing the vote in the first place.

The large SA has not yet been billed, but the Board has not withdrawn it as far as I know. The short term plan appears to be to bring the whole-owner suit to an end so that the partition vote can succeed---because they want the partition vote to succeed for the reasons I've already articulated. There is no long term plan other than to shake the dust of LIhue from their sandals. I suppose it is possible that Wyndham will bid for the property at auction, but that does not fit with the current "asset-light" strategy, developing in Kauai county is a nightmare, and IMO they don't need more Hawaiian inventory.

The units are posted as unsafe for habitation. Wyndham has chosen not to attempt to remove the people who remain in the building. At least, not yet. We'll see what happens when the plywood fencing goes up. I've already shared why incorporation is in my best interests---it limits the reach of the whole owner lawsuit, and the faster that ends, the faster I can be done with this place. I'm an owner. I make no claims if that is also in your interests, but I don't have to vote your weeks, so that's fine.

Now, is Michael Brown going to put this in writing for you? Nope. But it does not take a rocket scientist to see what's going on here. Any other conclusion strikes me as jumping at shadows that aren't even there. But that hasn't stopped you so far.

 

[CO skier]

The short term plan appears to be to bring the whole-owner suit to an end so that the partition vote can succeed---because they want the partition vote to succeed for the reasons I've already articulated.

... and predicted in 2023 from the beginning of the whole owners' lawsuit debacle.

KBV: The Truth Please

If that's a question for me, I don't. Sorry for the confusion. My reply post and question above is directed to magmue and others who think there is some secretive Wynham agenda to "ram through the Special Assessment." I quoted your post because it makes sense, in contrast to magmue's...

tugbbs.com

 

[schreff]

My evidence is that Wyndham understands "money." The cost of remediation is on the order of the value of the condos themselves. You do not spend $300K to save a $300K house. You sell it as a tear-down hoping to salvage whatever value you can from the land, because it is a tear-down. Furthermore, the AOAO (which is controlled by Wyndham) proposed the partition vote. No sane person proposes a vote to terminate the resort unless they want to terminate it. "Here's this vote, we hope it doesn't pass and nothing changes" makes much less sense than not proposing the vote in the first place.

The large SA has not yet been billed, but the Board has not withdrawn it as far as I know. The short term plan appears to be to bring the whole-owner suit to an end so that the partition vote can succeed---because they want the partition vote to succeed for the reasons I've already articulated. There is no long term plan other than to shake the dust of LIhue from their sandals. I suppose it is possible that Wyndham will bid for the property at auction, but that does not fit with the current "asset-light" strategy, developing in Kauai county is a nightmare, and IMO they don't need more Hawaiian inventory.

The units are posted as unsafe for habitation. Wyndham has chosen not to attempt to remove the people who remain in the building. At least, not yet. We'll see what happens when the plywood fencing goes up. I've already shared why incorporation is in my best interests---it limits the reach of the whole owner lawsuit, and the faster that ends, the faster I can be done with this place. I'm an owner. I make no claims if that is also in your interests, but I don't have to vote your weeks, so that's fine.

Now, is Michael Brown going to put this in writing for you? Nope. But it does not take a rocket scientist to see what's going on here. Any other conclusion strikes me as jumping at shadows that aren't even there. But that hasn't stopped you so far.

Trusting that Wyndham and the BOD will do the right thing is ludicrous. We have been through the Wyndham experience for over 30 years and know this is fact. So putting our faith in Wyndham or this BOD is like seeing if the clock in a time bomb that is attached to you is 100% accurate. It is a waste of time.

Of course, I hope your analysis is correct but I haven't seen any true evidence to back it up factually so I remain a worried skeptic. I am no rocket scientist or jumper at shadows but I do have a great deal of common sense.

 

[DeniseM]

While speculation is interesting, we are never going to get the truth out of Wyndumb or this board, so we stopped worrying about it months ago. After we visited the resort in person last fall, it was clear to us that the resort is on life support, and they are going to suck as much money out of owners as they can before pulling the plug.

 

[benoma88]

While speculation is interesting, we are never going to get the truth out of Wyndumb or this board, so we stopped worrying about it months ago. After we visited the resort in person last fall, it was clear to us that the resort is on life support, and they are going to suck as much money out of owners as they can before pulling the plug.

• Apr 15, 2025

Jeff Belin said, "So, from the Annual Meeting, Larry Warner gave a strong impression that the attempt to remediate is going forward (and they're close to making buildings G and H, at the very least, safe to use). They've engaged a contractor."
...Does not sound like speculation...remediate, not dissolution.

 

[DeniseM]

Talk is cheap... And besides, the ENTIRE resort needs to be completely rebuilt - not just the G & H lanais, so what they do to the lanais means nothing in the big scheme of things.

 

[benoma88]

Talk is cheap... And besides, the ENTIRE resort needs to be completely rebuilt - not just the G & H lanais, so what they do to the lanais means nothing in the big scheme of things.,

'Tis true, the resort needs much rehab, possibly incurable, but What am I missing? The Vice- President speaks at an annual IOA meeting to interval owners and minutes are recorded; cannot be merely cheap talk? Board of Directors proposes an attempt at remediation... really not sure where (we) owners stand now?!.
Linda Lee Kolstad – President,
Larry Warner – Vice President
Troy Spalding – Treasurer
Dani Ramos – Secretary

• Trish Harrington - Director

 

[DeniseM]

Have you SEEN Bldg. G & H lately? The entire buildings have been completely neglected since the lanai problems developed & now they need a lot more work than just lanai repairs. The board is in Wyndham's pocket, and they are just milking owners for every dime they can get until they close the resort.

Here is my first hand report with pictures: https://tugbbs.com/forums/threads/just-visited-kbv.368616/

 

[tango]

'Tis true, the resort needs much rehab, possibly incurable, but What am I missing? The Vice- President speaks at an annual IOA meeting to interval owners and minutes are recorded; cannot be merely cheap talk? Board of Directors proposes an attempt at remediation... really not sure where (we) owners stand now?!.

What I think is missing is that, in order to remediate, they are going to have to come up with big money. This is money to the tune of 10’s of thousands of dollars from timeshare owners, and hundreds of thousands from the whole owners. Not to mention millions from Wyndham itself. Those who think that it’s not going to happen, simply do not think it will be possible to raise that amount of funds, no matter what the board says.

 

[schreff]

What I think is missing is that, in order to remediate, they are going to have to come up with big money. This is money to the tune of 10’s of thousands of dollars from timeshare owners, and hundreds of thousands from the whole owners. Not to mention millions from Wyndham itself. Those who think that it’s not going to happen, simply do not think it will be possible to raise that amount of funds, no matter what the board says.

True but the hard boiled fact is that after the court case, the ball is in the Court of Wyndham which includes the BOD. The danger is what is financial good for Wyndham is not in most cases what is good or affordable for timeshare and whole owners. And now the BOD may have a fiduciary responsibility out with an incorporation that we, the owners, paid for.

Also, I would guess that the figures we have seen so far are not only outdated but also low. And if so, who pays the difference? Another special assessment with no guarantees that another defect will not be found or another catastrophic flood might not occur? Scary thoughts but this is a roll your dice situation.

 

[M & D]

Does anyone receive the Newsletters? I received one in 2024 after several requests. I don't often look at this site, guess I get very disappointed but this is the only place where I can find any updates as to what is going or not mostly not going. I was hoping to be done with this timeshare by now. Voting has been a waste. I just saw the pictures that were posted of the resort and it was very disappointing. I agree our maintenance fees should be less and not more. Our timeshare is in building F but we haven't been there in several years. We paid that extra $600 plus they billed us for and nothing seems to be done and they certainly don't update timeshare owners and we can't unload it.

 

[jacknsara]

Does anyone receive the Newsletters? I received one in 2024 after several requests. I don't often look at this site, guess I get very disappointed but this is the only place where I can find any updates as to what is going or not mostly not going. I was hoping to be done with this timeshare by now. Voting has been a waste. I just saw the pictures that were posted of the resort and it was very disappointing. I agree our maintenance fees should be less and not more. Our timeshare is in building F but we haven't been there in several years. We paid that extra $600 plus they billed us for and nothing seems to be done and they certainly don't update timeshare owners and we can't unload it.

Aloha,
The newsletters are few and far between but (at least some if not all) are posted here: https://kauaibeachvillasresort.com/owners-community/communications/
Jack

 

[schreff]

It seems quite clear that Wyndham, Kauai Beach Villas and the Board of Directors have not given owners the information needed to make informed decisions regarding KBV ownership. It is also clear that the Board appears to be in violation of their fiduciary duties under Hawaii law. Here is information on how to contact the proper authorities to file a formal complaint.

In Hawaii, you can file complaints about timeshares with the Regulated Industries Complaints Office (RICO) of the Department of Commerce and Consumer Affairs. This office, part of the Department of Commerce and Consumer Affairs, handles complaints related to regulated services, including timeshares, and can take action against licensees who violate regulations.


Here's a more detailed explanation:

• RICO as the Complaint Authority:
  The RICO is the designated agency for handling complaints against licensed professionals and businesses in Hawaii, including timeshare developers.
• How to File a Complaint:
  You can file a complaint with RICO either through their website, by mail, or by phone.
• RICO's Role:
  RICO investigates complaints, can pursue legal action against unlicensed individuals providing regulated services, and can take disciplinary action against licensed professionals.
• Beyond RICO:
  You may also consider consulting with a lawyer specializing in real estate or timeshare law, especially if you are dealing with a foreclosure or want to cancel a timeshare.
• Other Resources:
  The Hawaii Real Estate Commission and the Better Business Bureau also provide information and resources related to timeshares.
• Hawaii's Timeshare Laws:
  Hawaii has specific laws regarding timeshares, including a rescission period (cooling-off period) for buyers, which allows you to cancel your purchase within a certain timeframe.

 

[DeniseM]

@schreff - I appreciate your efforts, but I'm not spending another cent on this place, or giving it another thought.

IMNSHO - the sooner it closes, the better.