So I am sure I understand, can someone put in easy language what transpired on this decision. Thanks
Sadly, I agree with Perry on this one. I don't see the ruling as a victory for owners.Wow, I can see all the focused efforts of fighting Wyndham now focused on fighting fellow WM owners with different plans for the club.
Will it now be WM owner fighting WM owner - that's my guess.
Sadly, I agree with Perry on this one. I don't see the ruling as a victory for owners.
1) You have a developer controlled board that is taking specific steps to ensure that that they remain in power.
2) They have the ability to solicit proxies from owners at no cost (proxy solicitation is included in HOA mailings).
3) They vote those proxies to negate the votes of the general membership.
4) They in turn attempt to block access by other BOD candidates to membership lists to solicit support/proxies. Access that is granted in the by-laws.
5) Forced with a weak legal position, they offer to grant access on a cost prohibitive basis
6) And then they illegally modify the By-Laws to attempt to block access.
Effectively they have taken action to ensure that the HOA is NOT a representative organization of the members.
And as members the BOD, they repeatedly make decisions on issues regarding their employer that they have inherent conflict of interest with.
How is this action not in our best interest. It puts on the path to a representative BOD. I will gladly put up with a few more spam e-mails, if it leads to a BOD that represents the interests of the membership, and is not beholden to the developer on multiple levels.
Without this step, the only way WM will have a representative BOD is when Wyndham decides they want us to have one.
We will long for the day of the heavy hand of Wyndham keeping order.
I personally want WM completely independent of ANY developer and want a CEO who answers to the BOD, a management team, and hundreds of WM employees acting in WMs best interests.
I like things Black and White and hate Gray
Eric,Wow! Really? <snip ...>
There is nothing in the ruling that says the list must be PROVIDED but that an owner, or his representative, can SEE it and copy if they wish. 260,000 emails? Who is going to copy THAT? It's a good ruling but doesn't open any floodgates IMO. it does start to establish some real owners rights (Yeah!) so thats a good start and may get Wyndham/Worldmark nervous (and they should be). The good old boys opeartions should have ended years ago with real owners taking over.
WorldMark Bylaws said:7: RECORDS AND REPORTS
7.1(a) Members. The Articles, Bylaws, Declaration,
Rules, Membership register (including mailing addresses and
telephone numbers) or duplicate Membership register, the books of
account and minutes of proceedings of the Members, the Board and
any committees, and all other records of the Program maintained by
the Club or its Manager, shall be made available for inspection and
copying, upon written demand and reasonable notice, by any Member
or his duly appointed representative, at any reasonable time and
for a purpose reasonably related to his interests as a Member. The
Club may restrict the use of information from the Membership
register by requiring Members to sign a written agreement not to
use or allow use of Membership information for commercial or other
purposes not reasonably related to the affairs of the Club. An
original or copy of the Articles and Bylaws, as amended to date,
shall be kept at the principal office of the Club and shall be open
to inspection by the Members at all reasonable times during office
hours. The records shall be made available for inspection at the
office where the records are maintained. Upon receipt of an
authenticated written request from a Member along with the fee
prescribed by the Board to defray the costs of reproduction, the
Manager or other custodian of records shall prepare and transmit to
the Member a copy of any and all records requested.
Access to inexpensive communication opens Pandora's box.
I am, right now, watching a similar story play out at my favorite resort.
Current time is Saturday, 11:30a ... and I'm attending an Owner's Forum in the Lodge rather than getting my haircut (had that scheduled), horseback riding (had that scheduled, too) or soaking in the hot springs (no schedule required).
Two different things altogether. Regular meetings and company business are one thing. The difficulties raised by the special interests are another. There is much truth in the old saying, "One bad apple spoils the barrel."So I am assuming that you are doing so to protect your equity investment in that resort. That is the responsibility of ownership. If you do not want to accept that responsibility then you can just accept the decisions that are made for you - i.e. not question the mf you are charged each year and go do these things....
7: RECORDS AND REPORTS
There are 260,000+ WM owners – If I were Wyndham/WM I’d follow the bylaws to the letter.
Simply print each WM owner’s name, address, and eMail on a separate sheet of paper and make the WM owner come in and sign each sheet. You know, a thousand words stating the owner won't let the document out of their sight and heavy penalties to those owners who lose control of the documents; this would be underneath the data on each page.
Then a notary republic might be needed to verify the person signing is who they say they are - that would be a $3 - $5 charge per page. There are notaries in the lawyer's office. Who knows, maybe the law office offers quantity discounts and $500,000 in notary fees would be a bargain.
I am, right now, watching a similar story play out at my favorite resort. Current time is Saturday, 11:30a ... and I'm attending an Owner's Forum in the Lodge rather than getting my haircut (had that scheduled), horseback riding (had that scheduled, too) or soaking in the hot springs (no schedule required). The purpose of this meeting is to discuss details of two offers from outside parties to purchase the resort in entirety.
About 3 years ago certain owners petitioned and gained access to the membership list for mailing. There were restrictions on that access similar to the wording in the decision linked above restricting commercial interests, etc. However, the list was misused ... personal interests expressed ... owner confusion spun up ... (fees paid for the misuse) ... leading to, in my observation, an exhausted BOD, increases in legal costs, increases in ownership fees, and a thoroughly exasperated membership.
In any community, there are an amazing number of personal agendas. Some of these intentions are for the group's good ... but there are also, likely, a few wolves hiding in sheep's clothing until the right moment. Access to inexpensive communication opens Pandora's box. From what I've experienced in these few short years -- even the best personalities and purposes have a limited threshold for attacks. The communications that may follow aren't simply a few extra spam email messages -- it could become an ugly and costly battle.