THIS POLL IS FOR KBV OWNERS ONLY! How are you going to vote?

[bnoble]

If this is accurate, it looks like the limit is 10 years in Hawaii.

Hawaii Law – Kasdan Turner Thomson Booth LLLC

Sometimes, crappy things happen, and no one else will fix it, make it better, or make up for it. This seems like it might be one of those times.

 

[jacknsara]

Aloha,

I notice several newbies are joining this KBV owners forum. Welcome to TUG.

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/

TUG is often the target of scammers; the TUG community is pretty effective at sniffing them out within hours. While I am not going to pursue it, I am pretty sure that any valid Wyndham email would be at something resembling xxx @ wyn.com I find The @gmail address fishy. With all the legal actions reported to be ongoing or pending, I sincerely doubt that either Wyndham or the KBV IOA board of directors are behind it. I have no facts but would not be surprised to discover a new enterprising scam focused on KBV’s special circumstances.

I’m listing a few 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

 

[loufeinberg]

We've owned at KBV since 1997. Over the years we've seen the property deteriorate. Check-in were hellacious under Wyndham. The time we stayed with GPX it was a pleasure. Unfortunately, they were replaced again with Wyndham and now we find ourself in this mess.

We voted YES. Wyndham owns thousands of shares and I doubt they will want to pay millions to keep KBV going.

 

[schreff]

So many unanswered questions with future financial ramifications which the BOD has not addressed thus making us vote in the blind. I am voting with my gut: TO NOT PROCEED and TO INITIATING TERMINATION.

That being said does anyone know how many votes Wyndham controls and if over 50% then all other votes would mean nothing. The result is now MOOT if Wyndham's vote is to proceed?

Even if you already voted, I would highly suggest that you register and participate in the actual ZOOM meeting on May 2, 2023 at 10:30AM. The specific information was enclosed in my voting information.

 

[CO skier]

I debated with myself about how "anonymous" the poll truly is, since any board member - or the CEO of Wyndham for that matter - could register for TUG, vote, and see the total. I decided that what is anonymous is who has voted.

I did not vote in the poll, yet I can see 21 votes (100% at the moment) voted AGAINST the Special Assessment. Does anyone think Michael Brown, Wyndham CEO, or anyone at Wyndham cares how a couple dozen people (or even a couple thousand, if there was that much interest) vote in a TUG poll? It is just a conversation piece.

 

[magmue]

D'oh! Thank you for restating the obvious.

 

[Jonbet96]

Very nice letter Benoma88. I would like to add a few extra questions that my wife and I have. We hope someone from the board will see your letter and mine and answer some of these questions. Incidentally, I just now joined this forum and this is my first post, also.

1. How many and which units are impacted?
2. Can everyone still be accommodated in units during the project?
3. Is the assessment in the chart sent to us payable immediately in one lump sum, or is it divided over the years of reconstruction?
4. Where will funding come from if all owners do not pay the assessment (a near certainty, I'm afraid)?
5. Same question as #4 in the case of cost over runs.
6. Similar to your curiosity, Ben, what about the people that own units and live in them. They don't belong to our IOA. They belong to the AOAO. I'm sure it is impossible for us to sell places that they own. The mix of full time owners and timeshare owners could really complicate a sale and degrade the value to a prospective buyer.

I feel the odds of getting 75% of the owners to vote, regardless of their position, is extremely low. My wife and I plan on voting as you. We will vote YES to not proceed with remediation. Pretty awkward wording!

Another thing we consider, that maybe some of the other owners should, also, is that we are getting old enough that 5 yrs takes a big bite out of our potential use. If this gets off to a slow start and then takes an extra year or two, that would be a disaster for us. Also, we are every other year owners, so the first year of re-open might not be our year to come.

Like you we owned every other year however, all the information that has come out has said that we would pay the same as a person that wanted yearly however, we would not be receiving the same benefits, so why would we be paying the same amount as someone that owns the villa every year I have attempted to contact the board with this question four and five times letters emails nothing is ever answered so in order to vote I really need this information is our board just not responding

 

[bnoble]

I think you can assume that an EOY owner would pay half, because the two owners together own one annual week.

I’m not sure that would change my vote though.

 

[schreff]

Like you we owned every other year however, all the information that has come out has said that we would pay the same as a person that wanted yearly however, we would not be receiving the same benefits, so why would we be paying the same amount as someone that owns the villa every year I have attempted to contact the board with this question four and five times letters emails nothing is ever answered so in order to vote I really need this information is our board just not responding

This is obviously illegal under any common sense definition along with legal contracts 101. The more I learn about the entire chain of events, the more this whole KBV situation smells fishy and is being manipulated by the BOD and Wyndham. Where's the full disclosure by the BOD who has the fiduciary responsibility to provide owners with all information available and where is the Wyndham management we, the owners, pay a premium for and should also have legal responsibility of supplying the information requested to the owners and/or the BOD? So many questions and so few answers.

 

[TeriZ]

First time posting.

 

[TeriZ]

Trying that again. We voted yes. Mailed it in.

 

[Karenbuch]

We received the update regarding our condo possibly being removed from KBV. We never heard or read the outcome of the last board meeting. How can we get an update? What should we do about dues and trading?

 

[DeniseM]

No one knows - the board is MIA.

 

[bnoble]

Until the resort is closed it is open. I plan to continue on as is until that happens.

 

[Karenbuch]

Welcome to TUG!

Here's what I gathered from the letter that accompanied the ballot.

If the motion succeeds, the resort will be sold at auction as a single entity. This will be a court-ordered sale--it will not require any further approval by any of the owners, and all owners individual interests will be terminated by this process. Any proceeds from the sale, plus any insurance payout (and presumably any leftover funds in any IOA/AOAO accounts) will be distributed back to the owners in proportion to their ownership. However, if any owners have unpaid debts, those would be paid first from those proceeds.

From my perspective, this is better than I had hoped, and by a lot. I don't expect much back, but anything is basically found money. The intervals had no value on the open market well before the full extent of the problems was known. Even the 2BR oceanfront weeks were being given away for the cost of transfer fees, and those deals often included a free year of use as well. More importantly, because the auction is court-ordered, we don't have to spend time and money chasing down unresponsive owners to get them to sign over deeds or go through foreclosure to clear them--something that some other resorts have had to go through as part of their termination process.

Do you have any updates -it has been 3 + months and I have not received anything and don’t know who to call or email.

 

[bnoble]

The vote was tabled, presumably pending the outcome of a lawsuit by (some of) the whole-unit owners. You can read something about that starting here:

Post in thread 'KBV: Ballots on their way'
https://tugbbs.com/forums/threads/kbv-ballots-on-their-way.350984/post-2939291

 

[DeniseM]

I reserved 3 weeks for 2024 with no problem by using the standard email address. I requested the ground floor facing the lagoon - I believe these are the units that have been renovated because of flooding a few years ago.

 

[bianchicycle]

Going on for some is just great but I own 5 weeks in G-1 and it can not be used! I do not want to have to pay for maintenance for any useable unit but I do not want to screw up my credit by not paying. Has anyone talked to an attorney about this. Thos who live there all year have one problem but that should not delay a vote by the timeshare owners..

 

[DeniseM]

I own 4 Oceanfront weeks too, so my situation is no different from yours. You can definitely reserve other buildings, since yours is not available. It's a hot mess, and I'm just trying to get some value out of it.

Added: At this point I think the future of resort will be decided by the full-time owners & their lawsuit, and Wyndham. I'm not willing to spend money on an attorney, etc, because, I think it's hopeless.

 

[bnoble]

Exactly. Oceanfront owners (we also own two so we are in a smaller version of your boats) can reserve in the other buildings. It’s not as wonderful, but it’s still a great location on the island.

 

[bianchicycle]

I agree, to a point! My reason and pleasure was sitting on my patio and watching the water... not a Logoon.

I also wonder if it will hurt us in the future if Wyndam can say, "Hay, the property is still usable, look at the Ocean front people who are just using the rest of the property.

just playing devils advocate. And.... lawsuits can take YEARS to even get court date

 

[DeniseM]

Everybody has to make their own decision. But early on, resort management said that only owners who were up to date on their maintenance fees would receive any proceeds, so we plan to keep paying the maintenance fees and getting some value out of our weeks, as long as we can. I just don't think that owners can change the course of this train wreck, and throwing money at a lawyer won't change that. YMMV

 

[bnoble]

I also wonder if it will hurt us in the future if Wyndam can say, "Hay, the property is still usable, look at the Ocean front people who are just using the rest of the property.

I don't think Wyndham wants this albatross any more than I do--and my reading is that's why the AOAO Board came up with the Partition idea.