*** New Thread: KBV Vote for Chapter 11 Bankruptcy

[DeniseM]

The instructions are in the top right corner. KBV owners have been able to vote online for years:

 

[jmdidion]

Anyone who owns KBV intervals---whether in the form of points or floating week(s)---owns one or more deeded weeks. If a week has been converted to points, the conversion contract is written such that the original owner retains ownership of the underlying week, but assigns the usage rights connected to that week to the Wyndham trust in exchange for points. And so I believe any owner, whether floating week or points, should eventually get one of these letters, provided that the AOAO has your correct address, etc.

My package arrived today. I am still digesting it, but the TL;DR is we each have three options. One: consent to the "plan" of selling the property as a single, undivided piece of property and distributing the proceeds according to some future order of the Bankruptcy Court. Two: object to the "plan" and respond to that effect within 30 days. Three: do nothing, which will be treated as equivalent to Option One. The point of Option One is to have fewer steps required to deal with the thousands of individual deeds tied to the various Apartments.

I am not going to scan my letter, because I would have to redact the password for filing consent online and that's more work than I want to do.

We received the same package yesterday and I think your summary of the options is correct. I have never received a response from Wyndham regarding the CWA conversion offer despite multiple calls and emails. I do have a case # now but this is about all.

 

[pafuson]

Hi the directions for online voting is on the ballot page just above your owner number.

 

[bnoble]

I have never received a response from Wyndham regarding the CWA conversion offer despite multiple calls and emails. I do have a case # now but this is about all.

I suspect they are just backlogged. A friend of mine who owns a week got the "we are working on it" email. I did not, but wrote that contact and was told I'm in the queue for what it is worth.

 

[tango]

So, there are 2 mailings that are being discussed here. One for changes to online voting, and the other to authorize the inclusion of my property share in the bankruptcy sale. I received the latter mailing with instructions to vote and return with enclosed envelope, but there was no enclosed envelope and I didn’t see a return address. So, I responded online. Is it clear, the percentage of yes votes in order for the sale to proceed? Is it 70%?

 

[bnoble]

That second one isn't a vote. It's just whether or not you consent to the proposed plan and are willing to have your ownership interest included. Unless something goes very sideways, that's exactly what is going ot happen, no matter how many people don't like it.

 

[gps60255]

Thanks for the help. I read the front page X'ed the second page without really looking at it and sealed the envelope. I'm sure it wont make a difference except for all the costs adding up. Hope we are not in the rears when its all done after the auction in August.

 

[Flocamp]

We received our legal documents today and noticed that our unit number was incorrect in the document and we questioned the interval so we sent an email to the attorney listed at the email listed. The email is not valid. Please advise. Thanks.

 

[Lowry]

We received our legal documents today and noticed that our unit number was incorrect in the document and we questioned the interval so we sent an email to the attorney listed at the email listed. The email is not valid. Please advise. Thanks.

 

[Lowry]

We also received the legal documents, wasn’t sure how to proceed. the wording stated all pages needed to be returned .. will spend more time reading documents, and I believe it stated that you could do an online response which we would prefer

 

[DeniseM]

see post #276

 

[Rsiggy]

I started a new thread for this topic to keep the posts together. DeniseM

--------------------------

We just received a ballot from the KBV IOA to authorize the AOAO to 1) file Chapter 11 bankruptcy and 2) acquire a unit prior to filing, in conjunction with a special meeting of the AOAO on September 19. This seems like a good thing, but can anyone explain in plain English what a vote for these proposals means? That is, if all interval owners were to vote in favor, does that mean they are done with KBV and free of future assessments and maintenance fees? Also, does Wyndham have enough ownership to block this, if they wanted to, even if 100% of the other owners vote yes?

I'm trying to understand if a yes outcome on this vote represents a final resolution to this saga or just another step in an ongoing unpleasant process. After all, we've already voted twice not to remediate the place and yet neither had any impact as those votes were called off.

Thanks to anyone who can offer insight!

We didn't receive the "Consent Judgment Attached" package until July 10th. After reading it a couple of times, we are not sure of the implications as an EOY owner who has been in arrears.

 

[joyful]

7/12/26. I only recieved the ballot for the AOAO amendment to their
Bylaws for use of Electronic communication!
Will I receive the other ballot with the three options? Did that have a 7/13 deadline as well? If not, how can I obtain one? I definitely will vote #1. I don't want any more delays.

 

[jacknsara]

7/12/26. I only recieved the ballot for the AOAO amendment to their
Bylaws for use of Electronic communication!
Will I receive the other ballot with the three options? Did that have a 7/13 deadline as well? If not, how can I obtain one? I definitely will vote #1. I don't want any more delays.

Aloha,
The other mailing is not a ballot. It is titled a Consent Judgement. Each owner gets a customized letter with a unique to that owner password. Given the staggered arrival times reported already on TUG, I'm guessing that its taking many days for all the outgoing mail to get processed. For people who disagree with the relief sought in the Complaint (aka option 2) (generally the whole owners who are suing Wyndham et al)) the deadline to respond is 30 days from the date of the letter (in my case July 1).
A Status Conference has been scheduled by the Court for September 11.

 

[jacknsara]

We didn't receive the "Consent Judgment Attached" package until July 10th. After reading it a couple of times, we are not sure of the implications as an EOY owner who has been in arrears.

Aloha,
There are only two choices. 1) Agree or 2) disagree and engage an attorney (or perhaps join the lawsuit in progress or represent yourself in court) to dispute the proposed sale.
I don't "know" the implication to owners in arrears but some of us Tuggers suspect that whatever payout such owners might get would be reduced by the arrears.
I do not recall ever seeing mention of a treatment difference between every year and every other year ownership other than what is in the KBV governing covenants.

Edited to add: I found this linked document https://cases.stretto.com/public/X494/14198/faqs/1fbd1b95-f6b1-4afa-b354-ca3ed662c536.pdf that contains some preliminary information about potential distribution of funds from which I am pasting in just a tidbit: . . . Any distribution to Members may be determined by each Member’s percentage of ownership ofthe Property and may be adjusted based on any outstanding obligations for maintenance fees orspecial assessments due to the KBV Condominium Association.

I was going to post the link to governing documents https://kauaibeachvillasresort.com/community/ but discovered that those web pages have had access removed.

 

[Hflatt]

Pertaining to the consent for judgment Kbv docs…I attempted to sign utilizing the online instructions/provided web anddress and the web page comes up stating “this document no longer exists”. There’s no option to enter the provided password and submit signatures. Anyone else have a different experience?

 

[jacknsara]

Pertaining to the consent for judgment Kbv docs…I attempted to sign utilizing the online instructions/provided web anddress and the web page comes up stating “this document no longer exists”. There’s no option to enter the provided password and submit signatures. Anyone else have a different experience?

I'm not sure what happened to you, but it took me some time to find the right link. Its just above the dark area below the white bar at the right edge of the screen image below.

then

then type in your customized password. It took my a few tries since the page does not let you see your typing. If I were doing it again, I might try typing into a document, proffing that, then pasting it into the passord box.

Good luck

 

[Hflatt]

I'm not sure what happened to you, but it took me some time to find the right link. Its just above the dark area below the white bar at the right edge of the screen image below.

View attachment 127145

then


View attachment 127146

then type in your customized password. It took my a few tries since the page does not let you see your typing. If I were doing it again, I might try typing into a document, proffing that, then pasting it into the passord box.

Good luck

Ahhh! Thank you so much for the screen shot! Appreciate the help!

 

[Flocamp]

Aloha,
The other mailing is not a ballot. It is titled a Consent Judgement. Each owner gets a customized letter with a unique to that owner password. Given the staggered arrival times reported already on TUG, I'm guessing that its taking many days for all the outgoing mail to get processed. For people who disagree with the relief sought in the Complaint (aka option 2) (generally the whole owners who are suing Wyndham et al)) the deadline to respond is 30 days from the date of the letter (in my case July 1).
A Status Conference has been scheduled by the Court for September 11.

How do we get access to the September 11 call?

 

[slabeaume]

Do the "consent for judgement" forms apply to those who are looking to swap their weeks for points in Club Wyndham Access?

 

[jacknsara]

Do the "consent for judgement" forms apply to those who are looking to swap their weeks for points in Club Wyndham Access?

Aloha,
Technically I don’t know. In reduced words, the choice is to accept what Wyndham is doing to promote the sale or sue Wyndham to stop the sale. My hunch of an answer is yes.

 

[bnoble]

Do the "consent for judgement" forms apply to those who are looking to swap their weeks for points in Club Wyndham Access?

My take on this: Until and unless the swap actually happens, I'm still an owner, and so will still participate in my part of the process.

 

[joyful]

Aloha,
Technically I don’t know. In reduced words, the choice is to accept what Wyndham is doing to promote the sale or sue Wyndham to stop the sale. My hunch of an answer is yes.

 

[pafuson]

Hi KBV owners.
I was unable to attend this meeting below earlier today. I wondered if anyone who attended might share if there was any new information.

Thanks Pam

Aloha Owners,

Please see the attached Notice of Special Telephonic Board of Directors Meeting scheduled for Friday July 17, 2026, at 9:00 a.m.
Administrative Assistant I
Kauai Beach Villas

Travel + Leisure Co.
4330 Kauai Beach Drive
Lihue, HI 96766
office: 808-241-1000
Email: Liane.Henderson@travelandleisure.com

 

[schreff]

The instructions are in the top right corner. KBV owners have been able to vote online for years:

View attachment 127088

Denise, I seem to recall a vote on the massive remediation amount which we voted on without ever hearing the results. Is this accurate or????Am I really getting that old?