KBV: The Truth Please

[schreff]

The time for a law suit is far behind us now. What we need is an avenue to get rid of our weeks and move on. Whoever gets the property may build something wonderful and we would come back as individuals and not owners.

When something doesn't smell right it usually is tainted. In the case of KBV, the BOD cancelled the meeting but without the proper notification to owners had the meeting a day or so later I have finally been informed through email. The vote was delayed but what is that terrible smell which tells me that like a iceberg we the owners have been only given 10% of the truth while 90% has been hidden from us. I paid my entire 2023nmaintenance fee but your statement about " the time for a law suit is far behind us now " is wrong. The smell now is more prominent and smells like misfeasance or malfeasance by the BOD and/or Wyndham (in multiple capacities). Also, there could be some relief through a complaint to the Hawaii AG, the FTC or some other state or federal agency who has oversight.
I am not an attorney but have served in the capacity of a pension fund treasurer/trustee who had a fiduciary responsibility and learned exactly what the scope of that fiduciary responsibility was. I can assure you that legal action is not too late. After over a year, I have finally received the audits and other misc. info but the smell previously mentioned is still here.


COMMUNICATION on May 9, 2023 from

KBVAOAO​

​

KBVAOAO@gmail.com
Aloha Mr Schreffler,

We do apologize you weren't able to attend the KBV IOA Virtual Annual Owners Meeting on Friday. The Partition Vote was delayed due to a pending lawsuit against the AOAO. I have attached previous years audits as well as the Box Address below containing all reports.

I do suggest that all concerned KBV owners stand up and be counted. You should contact the above email address and ask your questions, get copies of the audit and be proactive in letting your voices be heard. It is just common sense that as John3825 so eloquently stated a single year maintenance fee should not cost more than what Jill can rent that same week for online and that the prorated share of a biannual week can't be the same special assessment fee as an yearly owner. Don't forget those requesting information they did not receive prior to their payment of the 2023 maintenance fee actually paid this amount under protest for someone's negligence.

 

[John3825]

Anyone who has access to the internet has access to a "Class Action lawyer". Why do you not lead the charge to fix whatever issues?

Funny how every post in social media calling for a class action lawsuit always involves "someone else" initiating (and paying) for the lawsuit.

Thanks for your support. I work a blue collar job for the Fed Gov. Happy to give of whatever time I can, but I am in no position to be the Point.

 

[bianchicycle]

There is a built in problem with class action law suits. Decide the number of owners' weeks but whatever amount you are asking and it does not come up to very much each.. as for me, I would like a way out of my 5 weeks without any more maintenance fees or assessments.

 

[schreff]

If it is anything like the old Wyndham Plantation Tara III, it's a dead end no matter what. The Georgia resort was managed by Wyndham until the cost became unsustainable for the resort (according to the Board president), next it moved into the abyss of closure with the sale managed by the Court, and last we did receive something for our two weeks there after the sale was completed. It ended up that we lost a great deal of money and benefits not only considering the purchase cost and conversion to Wyndham point fees but also the fact that we dropped from Founders to Platinum overnight. Wyndham decided not to recognize the weeks owned at Tara III and now it would cost us more than $ 20,000.00 just to regain our Founders status. The Wyndham shell game never ends and now Wyndham again is in the middle of the fiasco of KBV. When is it going to stop? Does anyone want my KBV for free knowing that the SPECIAL ASSESSMENT now mentioned could only be the beginning of more future special assessments? If so, you can have it.

 

[John3825]

where can we read the results of the latest board meeting?

 

[bnoble]

You can find meeting minutes here:

Board of Directors | Kauai Beach Villas

Here, is where you will find minutes from Board of Director meetings.

kauaibeachvillasresort.com

There is a login for the owners community--if you don't have the password, I suspect if you call the resort they will help you after verifying your ownership.

 

[mortifried95]

Hello: I am new to this forum. I have been trying to get information on a vote regarding Pahio remediation costs. If I recall, I cast a vote last March against remediation, and was told that a meeting would be held on zoom. That meeting was never scheduled, and I have been having an impossible time getting appropriate information on why the meeting was cancelled, what happened with the vote, and what the way forward is. I wrote to the board (an acronym KBV??) to get some shred of information and all I received was a response that said that all proceedings were on hold because the board was being sued by its owners. (No wonder!) Does anyone have more details? Is this a class action suit? Why were interval owners never informed? The level of legal incompetence seems beyond the pale. Added to that, we have been dramatically disappointed with Pahio , RCI, and the entire time share situation, along with 99 percent of time share owners who are still holding the proverbial bag. Of course, we are embarrassed to have ever fallen for the Timeshare circus. Too late and too bad on us. Now, of course, corruption, VRBOs, and market oversaturation have put the final nail in the Time Share coffin. In the future, Timeshares will increasingly become victim to foreclosures, defaults, and the simple paper work that we naive parents must fill out to ensure our children do not inherit this debacle. But before that happens, is there any possibility that we can unload this entire complex when 75% vote to do so, or are we looking at the possibility of paying $8,000 in maintenance fees in 2024? Anything that anyone knows and can share would be greatly appreciated, including how I can become an activist in the fight to dislodge Pahio/Whyndam's claws from our necks.

 

[jacknsara]

Aloha Mortifried95

If you spend time perusing several threads within this forum and not just this thread, you should find answers to most of your questions.

I'm pasting in an extract from a post I made in another thread https://tugbbs.com/forums/threads/t...how-are-you-going-to-vote.351002/post-2918266

The issues facing KBV have been discussed for many months in several threads. I encourage newcomers to skim through several links from the last half year at https://tugbbs.com/forums/forums/kauai-beach-villas-ioa-public-square.61/

Here are a couple of other TUG links that KBV owners new to this forum might find interesting.

Welcome Message for KBV Owners Visiting This Site for the First Time https://tugbbs.com/forums/threads/w...visiting-this-site-for-the-first-time.291693/

Ancient history but just in case one is curious: Why this forum for (PAHIO at) Kauai Beach Villas (KBV) exists https://tugbbs.com/forums/threads/why-this-forum-for-pahio-at-kauai-beach-villas-kbv-exists.282380/

Jack

 

[tango]

I’ll try and summarize for you the situation as far as we know it. The law suit being talked about is by owners of whole condos at KBV. These are not time shares, but people who own the whole unit. There are a number of them, and they are suing Wyndham and the Board. Why, because it is alleged that upkeep was not done to prevent the current state of disrepair. So because of construction faults, it has been estimated that bringing the buildings up to code would cost over $50 million and probably more. So for those whole owners, it would probably cost $450,000, which has been estimated to be what they are worth now on the market. Imagine having to pay that much and really not get anything out of it. Anyway that is why the vote was not held, and who or why that was decided, I don’t know. Only that it was decided not to hold the vote while the law suit was on going. Probably because the whole owners are trying to get compensated in a way that they would not need to be at risk for the remediation. If they win it probably could have ramifications for the timeshare owners as well. It was probably easier for the whole owners to get together as a group, than for the timeshare owners to do so. Personally, I suspect that the whole owners will not win. At any rate, no one is happy with the communications from Wyndham and the Board, but what can you do. If they were forthcoming about information, it would either be: A. We will be proceeding with remediation and we expect that a special assessment of $xxxx.xx will be charged. Or B. We have decided to liquidate the property. I suspect that Wyndham has the votes necessary to do what ever it wishes. It will be up to Wyndham to decide whether or not spending the money on rebuilding is worth it to them. In either case, I think that there is little the individual timeshare owner can do about it. I would like to think that enough timeshare owners voted to just sell the property, that it would happen that way, or maybe we would just provide some input to nudge Wyndham one way or the other. The whole owners really have the most to lose in this whole situation.
The maintenance fee is not $8000. The special assessment has not been decided yet. If and when that is decided, I suspect that there will be many defaults. We have decided to just pay the regular MF for next year when it comes, and use our week as quickly as possible, we still like going there. Anyway, this is my understanding, I’m sure I‘ll be corrected for the parts that I’m off.

 

[mortifried95]

I’ll try and summarize for you the situation as far as we know it. The law suit being talked about is by owners of whole condos at KBV. These are not time shares, but people who own the whole unit. There are a number of them, and they are suing Wyndham and the Board. Why, because it is alleged that upkeep was not done to prevent the current state of disrepair. So because of construction faults, it has been estimated that bringing the buildings up to code would cost over $50 million and probably more. So for those whole owners, it would probably cost $450,000, which has been estimated to be what they are worth now on the market. Imagine having to pay that much and really not get anything out of it. Anyway that is why the vote was not held, and who or why that was decided, I don’t know. Only that it was decided not to hold the vote while the law suit was on going. Probably because the whole owners are trying to get compensated in a way that they would not need to be at risk for the remediation. If they win it probably could have ramifications for the timeshare owners as well. It was probably easier for the whole owners to get together as a group, than for the timeshare owners to do so. Personally, I suspect that the whole owners will not win. At any rate, no one is happy with the communications from Wyndham and the Board, but what can you do. If they were forthcoming about information, it would either be: A. We will be proceeding with remediation and we expect that a special assessment of $xxxx.xx will be charged. Or B. We have decided to liquidate the property. I suspect that Wyndham has the votes necessary to do what ever it wishes. It will be up to Wyndham to decide whether or not spending the money on rebuilding is worth it to them. In either case, I think that there is little the individual timeshare owner can do about it. I would like to think that enough timeshare owners voted to just sell the property, that it would happen that way, or maybe we would just provide some input to nudge Wyndham one way or the other. The whole owners really have the most to lose in this whole situation.
The maintenance fee is not $8000. The special assessment has not been decided yet. If and when that is decided, I suspect that there will be many defaults. We have decided to just pay the regular MF for next year when it comes, and use our week as quickly as possible, we still like going there. Anyway, this is my understanding, I’m sure I‘ll be corrected for the parts that I’m off.

Thank you for your reply. I appreciate the time you took to share your insights.

 

[schreff]

I’ll try and summarize for you the situation as far as we know it. The law suit being talked about is by owners of whole condos at KBV. These are not time shares, but people who own the whole unit. There are a number of them, and they are suing Wyndham and the Board. Why, because it is alleged that upkeep was not done to prevent the current state of disrepair. So because of construction faults, it has been estimated that bringing the buildings up to code would cost over $50 million and probably more. So for those whole owners, it would probably cost $450,000, which has been estimated to be what they are worth now on the market. Imagine having to pay that much and really not get anything out of it. Anyway that is why the vote was not held, and who or why that was decided, I don’t know. Only that it was decided not to hold the vote while the law suit was on going. Probably because the whole owners are trying to get compensated in a way that they would not need to be at risk for the remediation. If they win it probably could have ramifications for the timeshare owners as well. It was probably easier for the whole owners to get together as a group, than for the timeshare owners to do so. Personally, I suspect that the whole owners will not win. At any rate, no one is happy with the communications from Wyndham and the Board, but what can you do. If they were forthcoming about information, it would either be: A. We will be proceeding with remediation and we expect that a special assessment of $xxxx.xx will be charged. Or B. We have decided to liquidate the property. I suspect that Wyndham has the votes necessary to do what ever it wishes. It will be up to Wyndham to decide whether or not spending the money on rebuilding is worth it to them. In either case, I think that there is little the individual timeshare owner can do about it. I would like to think that enough timeshare owners voted to just sell the property, that it would happen that way, or maybe we would just provide some input to nudge Wyndham one way or the other. The whole owners really have the most to lose in this whole situation.
The maintenance fee is not $8000. The special assessment has not been decided yet. If and when that is decided, I suspect that there will be many defaults. We have decided to just pay the regular MF for next year when it comes, and use our week as quickly as possible, we still like going there. Anyway, this is my understanding, I’m sure I‘ll be corrected for the parts that I’m off.

Thanks for your post. You are definitely on target with your opinions but I would like to add some caveats along with an expanded perspective. First, I agree we are at the mercy of Wyndham's wishes. We have owned Wyndham (Fairfield et al) for over 30 years and have seen that they cannot be trusted to do what was promised and what is best for their owners. This is why total control of the BOD along with their so-called independent management contracts definitely appears to be either be a conflict of interest or a conflict of their legal fiduciary responsibilities (perhaps both). Second, if they do decide upon a special assessment how can owners be sure that this is a one and only special assessment needed and the BOD do not follow with another special assessment a year or two later? Third, how do we know that what we are being told is the full truth. For example, I have been told that these structural problems were known for years and long before we owners were informed of them. Also, if not, why not? Someone certainly opened the walls during that period of time. Were there no inspections done during the interim and during construction. Fourth, why have things been delayed and why haven't those with fiduciary responsibility been more open to us? I posed numerous questions in writing to be entered into the minutes of the last meeting and requested that the BOD answer said questions but they fell upon deaf years. Last, if this isn't resolved soon why should owner's pay their future maintenance fees not knowing if they will receive any benefit from them. In other words, what kind of games is the BOD and Wyndham playing with their owners? Perhaps a full and complete independent investigation should be done by a trusted government agency to assure owners aren't being taken advantage of.

 

[b2bailey]

I happen to be staying in Bldg F Wyndham KBV at the moment.
I am a Wyndham owner.
I found this thread (after searching) to answer my question of -- what is happening in Buildings G and H.

My first day onsite I walked around the site, and my first observation was to note that Buildings G and H appear to be "closed" -- specifically due to signs that said "Do not enter", and an obvious sense of neglect / disrepair. But then I observed a housekeeping person who was dressed in Wyndham attire enter Bldg. H. Over the next couple of days I was aware there were people staying in both buildings.

Personally I would be uneasy about being inside the Buildings, for a variety of reasons.

 

[dmetzel63]

We just got our first special assessment for a little over $600.00. This is the first assessment. The second one will be the big one we we cannot afford either. The board does not give us all the information, just what they want to. You can't even give back the units for free, which means that the deeds are not worth anything, but they are expecting us to pay to fix their problem. I say just sell KBV and get the timeshare owners out of this mess they made.

Is it worth going to the annual meeting in May?

 

[bianchicycle]

We just got our first special assessment for a little over $600.00. This is the first assessment. The second one will be the big one we we cannot afford either. The board does not give us all the information, just what they want to. You can't even give back the units for free, which means that the deeds are not worth anything, but they are expecting us to pay to fix their problem. I say just sell KBV and get the timeshare owners out of this mess they made.

Is it worth going to the annual meeting in May?

I don't think any unit cost that much unless you have multiple ones like I do. As for the meeting, etc....... hello, there are two openings for the BOD!

 

[schreff]

Just to add a few facts along with some speculation, it is a fact that the original vote that was caste but not recognized would have stopped all the mystery and failure of the BOD to fulfill their fiduciary duties to us. It is a fact that foreclosures have occurred since the original vote which gives Wyndham more power and control. Was it fair to those owners who made the decision to not pay maintenance fees, etc. and lost their property rights due to the first vote being tabled? Who was on the BOD at the time of the vote and why did two of them leave? Has anyone ever heard of a completed vote of the owners being tabled by the BOD after votes have been fully caste? If so, was the vote against the wishes of possible BOD members who wanted it to go the other way? Fact, a new vote for or against remediation will be different than the old vote which. was tabled. Is this legal? There is too much going on which in general seems to smell, look, and taste like a conflict of interest and if not, why have we, the owners, who are represented by the BOD been kept in the dark? Fact, the BOD's decision to prolong a remediation vote doesn't benefit the owners in anyway. In fact, the longer it goes on with negative cash flows, owners being unable to pay their maintenance fees and small special assessments and owners passing on benefits no lone except possibly Wyndham. Things are certainly not getting better.

I am sure their is a Kauai government agency that has the legal authority to investigate the actions and inactions of the BOD. This would help assure the owners whether the BOD and Wyndham are acting in our best interest. If we, as a group, were to ask this agency to investigate what would this hurt. Your thoughts are appreciated. Thank you.