PAHIO (David Walter) was not the original developer. The original developer was in financial distress as unit sales were sluggish. Walter bought all the unsold units. The history is documented in the documents section of the owners community at https://kauaibeachvillasresort.com/owners-community/documents/
Thanks but the many actions and inactions of Wyndham, Wyndham management, and the BOD after the fact is the legally questionable. The problem is who is going to pursue the matter? Being an old geezer isn't conducive to starting a movement against Wyndham with their herd of attorneys.
The whole unit owners at KBV filed a lawsuit on exactly these claims and others. The court absolved Wyndham of responsibility.
So many questions, so few answers. I have been on quite a few BODs in the past and have never not been totally forthcoming with full disclosure to those to whom the Board was acting on behalf of. This was my fiduciary responsibility and I was always totally aware of it.
We did have a deed at KVB untill January one. We were not offered the point buy back option. We will get what ever the courts give us. The points are gone on our owners list along with the maintenance fee's with the cost for them. Not too upset about loosing KBV points and maint. fee's but the initial buying costs for the 8 years I had them was a bit much. so if I replace it down the road with something else it won't be at a meeting! We are still gold members but that doesn't do much for extras anymore anyway.
There is no appearance of a conflict of interest here, it is a blatant conflict. I have sent numerous communications to Larry Warner, president of the BOD, over the years with not a single response. Who is Larry Warner? If the lawyers are getting $ 600,000.00 of our monies who are they representing and why? Something is not right! These high priced attorneys should check in brach of fiduciary responsibility.
I agree. There are many mysterious questions which remain unanswered which should be answered by OUR BODs. I asked them but received no response. It is incumbent upon we, the owners, to let the Court know this by responding to the Court's request as per the documents presented above by Magmue.
I believe the pragmatic (i.e. maximizing size of potential residuals) is to not complain to the court. Lawyers will have to spend time and our money responding to such complaints with no possible source of additional funds pouring in.
Being pragmatic in the past has put the owners in a untenable position. I agree that complaining will prolong the matter and additional high legal fees and babysitting fees will result but when do the increased cost end and how many special assessments will be needed to pay for " additional work " and " legal fees " etc. ? Reread and think about " anticipated expenditures of legal fees in April of $ 600,000, " additional work, if needed " of ?????? " no maintenance fee increases at this time " and Wyndham and other baby sitting fees of ?????, There was no budget by the BOD for 2026 just a " rolling over of the 2025 budget ". Words matter. The $ 2,6 million dollars of our reserve money will be GONE in no time and that additional special assessment could occur.
AFAIK Wyndham did not send out MF invoices for 2026. Our account was up to date for 2025, but did not get a 2026 invoice.
My gut says that all of that talk was intended to lay the groundwork for Motion #2 with the bankruptcy court. That's the motion that will allow the board (with Wyndham's help) to tap into the $2.6 million in reserves. The timeshare version of a golden parachute. And if owners object, we have been warned that by slowing down the process, we risk them running out of reserves money and needing to reach into our pockets yet again to cover their expenses. Um, I mean our expenses.