Look at the bright side, at least owners will have a front row seat to this proceeding. Hopefully they will provide popcorn, because the price of admission will not be cheap. As to the central question:
Are the demands made in the demand letter reasonable and within the authority of the BoD?
By what authority can a newly elected BoD, invalidate the election conducted by a prior BoD?
For instance is this a reasonable demand?
- Pass a resolution authorizing Grand Pacific Resorts to retain independent legal counsel(s) on behalf of the Association to investigate and make recommendations to all Members about:
1. Any possible civil claims or criminal conduct regarding Wyndham Vacation Ownership, Inc. (including any of its subsidiaries, affiliates, agents and employees), and any past or present officer, director, attorney, accountant, employee or agent of KBVIOA;
- Now isn’t GPR - as Plan Manager - an employee or agent of the KBVIOA?
- If the investigation is to review the conduct of past directors, are the circumstances regarding the 2016 termination of the mgt contract something that might be within the scope of said investigation?
- Is it reasonable to believe that GPR might have an inherent conflict of interest given the BoD has voted to terminate their mgt contract?
And more importantly, who and heck is going to pay for this investigation and how do we manage that cost?
Or is the demand letter just legal theater and a waste of association resources? I think someone might just be playing to the crowd. It will be interesting to see what a court thinks.