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KBV: Ballots on their way

tango

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I wonder what this lawsuit means for an interval owner? The unit owners are seeking relief through the courts which is their right. If they were to prevail, what actions would it motivate the defendants to undertake? Would it speed the process of liquidation of the property, or would it facilitate remediation of the whole property, or only the owner involved units? Should the defendants be forced to fix the property and pay damages, would that result in increased charges to the interval owners? Would it even be feasible for interval owners to initiate their own action in the courts?
 

bnoble

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From where I am sitting, the only thing it means is that the partition vote is delayed. I don't think this would lead anyone to think it is more likely that the resort should continue operations. But, that's just me. The most likely outcome of this is whether or not there is some payment to the whole owners, and hopefully the mediation process will determine that. If anything, a payment to the owners is likely to be contingent upon their approval for partition--at least, that's what I would ask for.

Any other outcome seems very very unlikely.
 

bnoble

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I'm at Shearwater this week. When I checked in, I mentioned to the body-snather that we owned a couple of KBV weeks, and we were looking at a $20K special assessment, so there was no way I would even consider an update for any amount until that was resolved. He volunteered that his SO was a whole-owner (in Building A) and they though it was all manufactured and made up to force them out.

My response: "No, I think she's just screwed." I hope the whole owners do get something to help reduce the pain, but still. They are screwed.

The suit progresses. Apparently as part of the mediation process the plaintiffs want more testimony from Larry Warner via deposition; that notice was filed a couple days ago.
 

TheHolleys87

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I'm at Shearwater this week. When I checked in, I mentioned to the body-snather that we owned a couple of KBV weeks, and we were looking at a $20K special assessment, so there was no way I would even consider an update for any amount until that was resolved. He volunteered that his SO was a whole-owner (in Building A) and they though it was all manufactured and made up to force them out.

My response: "No, I think she's just screwed." I hope the whole owners do get something to help reduce the pain, but still. They are screwed.

The suit progresses. Apparently as part of the mediation process the plaintiffs want more testimony from Larry Warner via deposition; that notice was filed a couple days ago.
I’m following this for my brother, who was given the KBV ownership by my dad. Thanks for the update. Please refresh my memory - who is Larry Warner?
 

jacknsara

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I’m following this for my brother, who was given the KBV ownership by my dad. Thanks for the update. Please refresh my memory - who is Larry Warner?
Larry is president of both the timeshare IOA (100% positive) and the 150 unit AOAO (pretty sure)
 

bnoble

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And I suspect it is in his latter capacity that he is being depo'd. I suspect the IOA's motion to dismiss was based on "We have nothing to do with the whole owners, why are we part of this?" Even though that (presumed) motion was denied, the underlying justification is also not wrong. In fairness, I think part of the whole owners' claim is that the IOA improperly influenced the behavior of the AOAO, so there's a reason to keep them around.
 

magmue

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who is Larry Warner?
In April 2019, when he made his first post to TUG while running for reelection to the board (username Larry Nuke), he was "Vice President of the KBV IOA BOD and Treasurer of the KBV AOAO BOD".
 

jacknsara

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In April 2019, when he made his first post to TUG while running for reelection to the board (username Larry Nuke), he was "Vice President of the KBV IOA BOD and Treasurer of the KBV AOAO BOD".
Aloha
per web page inside official KBV community page https://kauaibeachvillasresort.com/owners-community/bod/
Board Members
Larry D. Warner, President
Charles Twardzicki, Vice President
Danielle Ramos, Treasurer
Lou Columbo, Secretary
George Keeney, Director

I have not found a web listing of the current officers of the Kauai Beach Villas association of apartment owners (AOAO - the total of the 105 timeshare units and 45 wholly owned units) so I cannot currently confirm what I know used to be true (that Larry is also the president of the AOAO in addition to the timeshare IOA)
 

schreff

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In April 2019, when he made his first post to TUG while running for reelection to the board (username Larry Nuke), he was "Vice President of the KBV IOA BOD and Treasurer of the KBV AOAO BOD".
Does Larry Warner have any direct or indirect affiliation with Wyndham? I have emailed him at his listed email and never received a response. He sure is not acting in the interest of owners or meeting his fiduciary responsibility in my opinion.

This mystery is smelling more and more like a skunk. I am wondering if any owner has contacted the Hawaii AG and/or filed a complaint?
 

DeniseM

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Larry has been personally named in the lawsuit - he is not going to say anything, until it is settled.
 

schreff

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It would be good to get opinions, especially from those of you familiar with the fiduciary laws and case law, to see if this EXCUSE would let you circumvent your legal duties as a fiduciary. Personally, I don't think so.

Also and again, is Larry or any other BOD members, directly or indirectly affiliated with Wyndham? I would seem that any direct or indirect conflict of interest would necessitate them recusing themselves from voting on anything that would benefit Wyndham and/or possible hurt their duties to all members as per mentioned under my previous description of fiduciary responsiblities. Tricky, balancing act???????
 

bnoble

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Apparently as part of the mediation process the plaintiffs want more testimony from Larry Warner via deposition; that notice was filed a couple days ago.
Not sure if that deposition has happened yet or not, but there has been notice filed a week ago that Plaintiffs want to (have) depose(d) Linda Kolstad (again?). For those unfamiliar, her Linked In profile is here: https://www.linkedin.com/in/linda-kolstad-1bb2a3a/
 

bnoble

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Updates!

It looks like the IOA won a partial dismissal, but it was not granted in its entirety. There was an amended complaint filed and responded to. However, the big news is that there is a jury trial scheduled---for approximately one year from now, mid-to-late September, 2024.

So, unless something else happens between now and then, it looks like the resort will continue at least through (most of) 2024.

I paid for copies of the order granting partial dismissal, the amended complaint, and the response to same. I will upload those after I get a chance to read them.
 

schreff

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Just received an updated Newsletter here it is:


KBV IOA Newsletter Volume 1 2023 October 10, 2023
Aloha Kauai Beach Villas Interval Owner,
On behalf of your Interval Owners Association (IOA) Board of Directors, we hope that you and your family are doing well. Much has transpired in Kauai and at the resort since we last wrote to you. KBV IOA Newsletter Volume 3 2022 presented many details of the building issues the Association of Apartment Owners (AOAO) is dealing with.
Board Changes
In June, board Vice President Mark Twardzicki resigned after serving for the past three years. Mark’s background as a member of the Army Corps of Engineers made him a valuable contributor to board deliberations in the decision-making process. Mahalo to Mark for his committed service to the association.
Following Mark’s resignation and in accordance with the association’s bylaws, the board appointed owner Kevin Garner to fill the remainder of Mark’s term. Kevin has attended most of the board meetings over the past several years and helped draft some of the association’s newsletters. Kevin’s knowledge of the current association business made him a good fit for the board. Please welcome Kevin to the KBV IOA Board when you see him.
Long-time board member Dani Ramos, who served for many years as the association’s Treasurer, resigned her board seat at the end of August. Fortunately, since Dani is Wyndham Destinations’ Regional Controller, she continues to be available as a resource to the board and association members, sharing her extensive knowledge of the history of KBV along with her financial expertise.
The board appointed Linda Kolstad to fill the remainder of Dani’s term. Linda, who is both an IOA owner and Wyndham associate, previously served on the IOA Board from 2016 to 2018. In the interim years Linda has continued to provide support to the board in her professional capacity as Director of Association Governance for Hawaii. Please join us in welcoming Linda back to the board.
Budgeting
As we are budgeting for 2024, we want to share some of the challenges in our current environment. While inflation rates have slowed with year-over-year inflation percentages in the U.S. coming down compared to recent years, we are still experiencing increased costs in many areas that are directly impacting association (and personal) budgets, such as the cost of household paper goods like paper towels and toilet paper — which are currently running more than 7% higher than last year. Property Insurance premiums have increased 30% and with recent fires within the state, 2024 will be another challenging year. The Kauai Island Utilities Coop, an electricity provider, has asked the Hawaii Public Utilities Commission for an approximate 9.42% increase in rates.
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Page 1 of 2
Resort Update
The AOAO Special Owners meeting in May was postponed to a later date yet to be determined. The postponement allowed for the parties to the AOAO lawsuit to focus on mediation efforts, which are currently taking place.
The IOA is taking reservations for 2024, however, we are not able to guarantee you will be in a specific building. G & H buildings are still closed. The AOAO is working with their project manager, The Hardy Group, to repair the buildings so they can be occupied until a remediation plan for all the buildings is developed and funded.
Management continues to refresh the units in cost-effective ways.
• Replacement of old fixtures in bathrooms – All fixtures to include towel racks, toilet paper holders, sink, shower and tub faucets, etc.
• Kitchen – Refinishing cabinets, adding handles and knobs to all cabinet doors and drawers, replacing faucets
• Adding and replacing baseboards throughout
• Replacing all electrical outlets, plugs and switches from beige to bright white
• Adding plugs with USB capabilities to the kitchen seating area
• Replacing lamps
• Adding art pieces as needed
AOAO & Building Update
The AOAO is in the process of obtaining current estimates of building remediation costs, updating the reserve study, and identifying funding sources.
Pursuant to the recommendations of the AOAO’s engineers, the AOAO’s board has approved a project to repair the soffits of buildings F, G & H. Wiss, Janney, Elstner Associates (WJE), the AOAO’s retained third-party engineering firm, is designing rigid covering. The AOAO’s project manager, The Hardy Group (THG), estimates this project will cost $250,000. The AOAO board has directed THG to seek bids and proceed with this project.
The AOAO board has a list of items required to be remediated to reoccupy Bldgs. G & H. This list from the AOAO’s professional engineers, WJE, has been given to THG, the AOAO project manager. They estimate that the cost for this project is approximately $2.5M. The AOAO board has approved this project and is seeking funding. AOAO reserves are approximately $1M. The AOAO board anticipates a special assessment will be needed to fund this project as the financial institutions contacted are declining to fund the project. The AOAO board plans to review the project and the loan efforts by the end of October, and if such a loan cannot be obtained, then at that time the AOAO will have to determine the special assessment needed. The assessment will be billed following approval by the AOAO board.
Aloha,
Your Kauai Beach Villas IOA Board of Directors

Strange things occurring without a full sharing as to why these decisions have been made. I must be missing something as this newsletter has a great deal of new news in it along with many unanswered questions. Why the resignations at such a critical time? Who is Kevin Garner and what are his qualifications other than those mentioned to be on the BOD? And it appears that one Wyndham employee resigned from the BOD and another Wyndham employee was appointed? What is a Director of Association Governance for Hawaii? Why are the financial institutions declining to fund the AOAO project? Another AOAO special assessment? How many more and is this just wasting owner's dollars? I'm confused has remediation been approved with the BOD given carte blanche? Doesn't it seem like there is a missing link or is it just me? I know there are two BODs and one is in the midst of a legal action but is this a leading indicator of what will occur with the IOA and if not, why not?
 
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sforgues

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Pursuant to the recommendations of the AOAO’s engineers, the AOAO’s board has approved a project to repair the soffits of buildings F, G & H. Wiss, Janney, Elstner Associates (WJE), the AOAO’s retained third-party engineering firm, is designing rigid covering. The AOAO’s project manager, The Hardy Group (THG), estimates this project will cost $250,000. The AOAO board has directed THG to seek bids and proceed with this project.
The AOAO board has a list of items required to be remediated to reoccupy Bldgs. G & H. This list from the AOAO’s professional engineers, WJE, has been given to THG, the AOAO project manager. They estimate that the cost for this project is approximately $2.5M. The AOAO board has approved this project and is seeking funding. AOAO reserves are approximately $1M. The AOAO board anticipates a special assessment will be needed to fund this project as the financial institutions contacted are declining to fund the project. The AOAO board plans to review the project and the loan efforts by the end of October, and if such a loan cannot be obtained, then at that time the AOAO will have to determine the special assessment needed. The assessment will be billed following approval by the AOAO board.

My question is, these two projects total $2.75M and there is $1M already in reserve. This is a far cry from the $56M price that was mentioned in earlier communications. I've not gotten in the weeds on this, but does this mean the "remediation" is now going to cost $1.75M in special assessments. I thought I saw that there were 5,300 or so intervals, so that would mean a $330 special assessment. Anyone with more familiarity that can interpret this?
 
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JD Martinez

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My question is, these two projects total $2.75M and there is $1M already in reserve. This is a far cry from the $56M price that was mentioned in earlier communications. I've not gotten in the weeds on this, but does this mean the "remediation" is now going to cost $1.75M in special assessments. I thought I saw that there were 5,300 or so intervals, so that would mean a $330 special assessment. Anyone with more familiarity that can interpret this?
I agree with what has been stated thus far on the "communication". A few of take aways from the communication, 1 - be prepared for a significant increase in the annual fees. 2 - be prepared for an assessment, if it turns out to be $300 I'll be surprised. 3 - I also agree on getting details on the bank(s) declining the requests for loans. Full disclosure is needed for all of us.
 

tango

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For those who do not know, there is a IOA BOD zoom meeting today at 1:00 pm. I can’t attend.
 

Attachments

  • 10.11.23 KBV IOA Board BOD Mtg Owners packet.pdf
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pafuson

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I attended this afternoon's Zoom OA Board meeting. Really there were just a few pieces of news that were gained. The board stated that there was little they could comment on regarding the legal issues. They stated that there are 1 firm of lawyers representing the IOA board and another firm representing the AOAO board. They are working with a mediator to try and resolve the issues. The plaintiffs are 17 whole owners. There was no mention of Wyndham at all. They did report that the use of the pools next door will continue under the new ownership of Outrigger Resorts. They detailed many of the upgrades that are ongoing that they described as a refresh. They said they will update with a newsletter with new information.
At the end of the meeting they allowed questions and I was a little surprised there were so few attending.
 

DeniseM

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How about new furniture? - the old furniture is so shabby!
 

bnoble

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They stated that there are 1 firm of lawyers representing the IOA board and another firm representing the AOAO board. They are working with a mediator to try and resolve the issues. The plaintiffs are 17 whole owners. There was no mention of Wyndham at all.
I don't think Wyndham is a defendant--in part because they act at the direction of the IOA, and the whole owners are not members of the IOA and have nothing to do with Wyndham except that they are the property manager for the timeshare component. The updates to the overall property are the AOAO's responsibility, not Wyndham's--the claim is that the AOAO is improperly acting in the IOA's/interval owners' interests to the detriment of the whole owners. Whether or not that's true is a different question. I haven't gotten around to reading the amended complaint, and will try to do that ASAP, and then post it.

I am not sure how optimistic I would be about mediation given that a trial date has been set, but maybe that's partly a mechanism to apply pressure to the parties to come to some mutual agreement and avoid the expense (and risk) of a trial.

How about new furniture? - the old furniture is so shabby!
I'm not sure I want them to spend a lot on stuff that's meant to last years given the lifetime of the resort might only be another year or two. I think the current approach of doing low-cost things that make the space feel a little nicer is a good compromise between "do nothing" and "spend a lot of money on a thing that is probably going away soon."

While the resort is open, it makes sense to do these little things plus whatever is absolutely necessary to the existing buildings habitable. But once the lawsuit is resolved we can get on with the business of either liquidating or spending the (serious!) money it is going to take for structural remediation. It all depends on how that AOAO vote comes out once we can finally execute it.

--------------------
I think one lesson I am taking away from this is that I will think very hard before buying a timesahre interest at a property that includes whole owners in the mix. There are lots of places like this that we like. Smugglers' Notch comes to mind as one, and some of our favorite Northern Lower Michigan resorts are on that list too. But, owning at these sorts of places seems to carry at least some additional marginal risk.
 

tango

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“I don't think Wyndham is a defendant--in part because they act at the direction of the IOA, and the whole owners are not members of the IOA and have nothing to do with Wyndham except that they are the property manager for the timeshare component.”
And yet, isn’t it true that the IOA BOD is made up of a majority of individuals predisposed to Wyndham. How does that not involve Wyndham? Also I’m not clear on how involved Wyndham is in the AOAO.
 

bnoble

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True, but those people are expected to have fiduciary duty to the IOA in the context of their actions on behalf IOA; in that role, the are not acting as Wyndham employees. Same with those on the AOAO. That doesn't mean Wyndham isn't involved, but it might mean there is no legal way to get to them.

Plus, I'm just guessing. I have no idea if Wyndham is still a defendant. They were at one point. Once I read the amended complaint I will see if the Plaintiffs have dropped htem or not.
 

schreff

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True, but those people are expected to have fiduciary duty to the IOA in the context of their actions on behalf IOA; in that role, the are not acting as Wyndham employees. Same with those on the AOAO. That doesn't mean Wyndham isn't involved, but it might mean there is no legal way to get to them.

Plus, I'm just guessing. I have no idea if Wyndham is still a defendant. They were at one point. Once I read the amended complaint I will see if the Plaintiffs have dropped htem or not.
Wyndham possibly has a clear conflict of interest. How can an employee of Wyndham act for the benefit of the IOA which is the owners and not consider the benefit to their employer, Wyndham? If not a conflict, clearly an appearance of conflict. In this day when folks can manipulate the judicial branch in many ways, common sense has died.

Just to refresh the old furniture without buying new, has remediation died? Have the structural problem suddenly disappeared? If not, has the cost changed and if so by how much? Why have banks and possibly other financial institutions withdrawn from financing anything with regards to KBV? Why and how can the BOD keep owners in a legal action which affects all the owners in the dark about virtually everything? When are we going to know? Is it fair for those owners to pay another years maintenance fee and special assessment? These folks may be on the tightrope to let their timeshare foreclose due to a possible $56M plus possibly other SAs. When will this nightmare in paradise end?
 
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