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Westin St. John [Master Thread]

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islandguy

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Received my proxies for the election of board of directors for the Virgin Grand Villas. 35 owners want to be elected to the 2 available positions (SPG appoints 3 of the 5).

Way too many to pick from -- Are there any tugers on the list? Odds the two that are currently on the board will get reelected (Walter DeCastro & Melissa Brookes) usless a block of votes go to one or two of the 35.

Comments...

Island Guy
 
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olivias dad

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Anyone here have any new pics of the Hillside Villa renovations? I've been to the new buildings during our "Owner Updates". When we were there last August, they were renovating bld. 33
 

GeneNWendy

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I have recommendation

Received my proxies for the election of board of directors for the Virgin Grand Villas. 35 owners want to be elected to the 2 available positions (SPG appoints 3 of the 5).

Way too many to pick from -- Are there any tugers on the list? Odds the two that are currently on the board will get reelected (Walter DeCastro & Melissa Brookes) usless a block of votes go to one or two of the 35.

Comments...

I and a group of 200 people are standing behind Philip Schrag and Bob Werbel.
 

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Tom is voluntarily withdrawing in favor of Philip Schrag and Bob Werbel (but I'm not sure that word is going to get out to anyone not in the owner's group).

I'm considering assigning Tom my proxy with full powers. That way, if a last minute change in strategy is needed, he can cast my votes accordingly.

Hoping Gene will come along and address this particular strategy. He posted the following on a different thread:

GeneNWendy said:
Please check out the following link for a recommendation on who to elect in the May 17, 2010 election.

http://www.stjohnvirgingrandvillaown...c.php?f=8&t=28
 

GeneNWendy

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Regarding Tom DeClemente

What about Tom DeClemente, who has filed suit against these thieves? He's got my vote.

Tom DeClemente, Steve Dixon, Clay Peters, and Harry Vollmer have all withdrawn from the election to support the two candidates that I mentioned in my previous post. Most of us agree that Tom is a great asset to our group, but that his efforts will be best used working with the board on the outside once we get a couple of good members in. A lot of people, believe it or not, are against the attitude of "Sue, Sue, Sue" which could make it difficult for Tom to get elected. However the 2 people we are standing behind (including Tom) are attorneys with tremendous experience. I can't go into detail here, but Phil Schrag did some legal research and found some possible flaws between the USVI Condo Act (which governs all condos and timeshares) and our by-laws at Virgin Grand Villas. This info needs to be confirmed by a USVI attorney. However, if Phil's research is correct, the by-laws of Virgin Grand Villas would be considered "flawed" and legally have to be re-written much more in favor of the owners (as opposed to the developer). This could turn things around 180 degrees for us. I like the fact that Phil has done his homework and is very pro-active. Also, as a law school professor at Georgetown U, he will have time (or be able to make time) to attend all Starwood meetings of Board Members. Bob Werbel also has a legal background having worked for 40 years in the profession, many of those years as an attorney for the SEC. I believe he would work well with Phil in implementing change. Being that he's retired (or semi-retired) he also has time to attend any Board meetings.

I wish I could be more specific, but this is about as much as I can reveal at this point.
 

GeneNWendy

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Regarding our strategy

Tom is voluntarily withdrawing in favor of Philip Schrag and Bob Werbel (but I'm not sure that word is going to get out to anyone not in the owner's group).

I'm considering assigning Tom my proxy with full powers. That way, if a last minute change in strategy is needed, he can cast my votes accordingly.

Hoping Gene will come along and address this particular strategy. He posted the following on a different thread:

Hi JerseyGirl,

We are in the process of trying to get Starwood to notify people that Tom is withdrawing from the election as well as the other people I mentioned. BTW, I didn't put it on Tug yet, but everyone in agreement with me should put down Tom DeClemente as the proxy holder on line 2. He will be at the meeting. Also, everyone should select Limited Powers as opposed to General Powers.
 

GeneNWendy

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GeneNWendy ... Sorry for the mistake about the ferry fee.

I'm just a newbie to WSJ who might consider being your co-association member. But, I'm concerned about the acrimony going on. I understand the MF are high, but if the $1K SA is removed from the mix, the MF for a 3-br pool villa (2,850 sq. ft.) at WSJ will be about $300 less than I now pay at Harborside for my 3-br lockoff (1,446 sq. ft.).

Four questions about your interest in the fight you are organizing against Starwood:

1. How did you vote on the special assessment questions?
We voted "yes" not realizing it would result in doubling our fees for nearly 3 years
2. Would you like to return to running the Hillside association without a reserve fund (or is Starwood lying about the lack of a reserve fund)?
Absolutely not. We were under the impression (looking at the reverse side of MF invoices in the past) that there were $2 million in reserves back in 2002 and have only grown since then.
3. Would you rather WSJ be managed by Starwood or have someone else manage it and deal with Starwood without Starwood having a fiduciary obligation to Hillside owners in negotiations for access to hotel amenities?
We would prefer to have WSJ managed by Starwood if possible but with a majority control of owners (not Starwood employees) on the board since we do own 88% of the units at this point. However, if Starwood continues to act in bad faith, we might consider another management company.
4. How many unit/weeks do you own and how many do you use yourself or and how many are rented out?
My wife and I own 2 weeks, one in the Spring and one in the early part of summer. We usually use one week and rent one out. However, in 2011, we plan to rent both weeks out to offset the high MF's still in place. Supposedly they will go down in 2012 after the upgrades are complete. I'll beleive it when I see the invoices for that year.

TIA. ... eom

Hi Jarta,

I put answers next to each of your questions above.
 
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jarta

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Just took a look. Schrag & Werbel certainly look like good candidates for the WSJ board. ... eom
 

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This is my just my honest opinion - i think those that actually expressed the current concerns of the majority look like the best votes on paper... hopefully the votes are heard and the right people get elected in and make a difference...

:clap:
 

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I am supporting Philip (Philip Schrag) and Bob (Robert H. Werbel). Philip is a long-time Tugger. I have met him a few times while at WSJ. He helped me when I bought my 1st WSJ villa with a legal search I was doing on the purchase (eBay) - and went out his way to answer my questions and concerns (in true Tugger form) - and I have attempted to Pay It Forward since then. Definitely a stand-up guy and very bright.

I had the chance to speak with Bob during our discussions with other concerned WSJ Owners about attempting to gain Owner control of our wonderful resort. Also, a very qualified Ownerto be on the BOD (along w others).

Many listed on the ballot are much more qualified than me to be on the BOD and why I choose not to run. However, I am extremely proud knowing my efforts helped pave the way for a true SVO Owner first (hopefully) - by getting so many Owners involved - but I realize this is only the first step.

Got to catch a flight - more later.
 
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DavidnRobin

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Sorry - tough to edit on an iPhone

As I was trying to write...
Please cast your votes as you see fit - I am supporting Philip Schrag and Robert H. Werbel

I am sure their are other qualified candidates on the ballot, but I believe it is important to have a concerted effort to put votes towards 2 qualified candidates that represent what I believe to be the most important issues (I think about half of the candidates had the same concerns as most of the owners that care about transparency and communication - and of course skyrocketting MFs). Because of the potential dilution of votes - and that there are owners who do not care to send in proxies (less now than in the past I am sure considering the outcry) - it is important that we put our efforts in support of these 2 qualified candidates.
 
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ctbt

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Why I am running for the Board

Since my name has been mentioned in several posts, let me clarify why I am running (along with Bob Werbel) for the Board of Directors of the Owners Association at the Westin St. John. I am, by the way, a long time member of TUG. My full bio is at
http://www.law.georgetown.edu/faculty/facinfo/tab_faculty.cfm?Status=FullTime&ID=324



1. Unit owners own 88% of the hillside property (Starwood still has not sold 12%). But Starwood claims the right to appoint 3 of the 5 members of the homeowners association, and as for the other two members, the bylaws permit it to cast 4 times as many votes for each of its units as owners are allowed to cast for theirs (although it has waived its right to do so for the current election). This strikes me as unfair.

2. Maintenance and special assessments have been rising at an extraordinary rate. Maybe this is justified by necessary repairs. But the homeowners association has been remarkably uncommunicative to its constituents about the justification for the increases. We have, I think, had one email from them in three years. And when I tried to reply to the email, my reply bounced -- it was not accepted. I re-sent it to Board relations, and it went through but was unanswered.

3. One of the reasons for the increases may be defaults by some owners -- the losses get passed on to those of us who do pay their fees. So I repeatedly passed on to Greg Gray a suggestion that I read on TUG: that units with unpaid maintenance be offered for use to existing owners who would pay the maintenance (or perhaps some fraction of it -- a win/win proposition). He said that he passed the idea along to higher-ups in Starwood management, but I never received an answer, and perhaps he didn't either -- another example of non-responsiveness.

4. By the way, I voted FOR the special assessment both times it was put to a referendum. I am not against spending money to keep up this great resort. But the assessment was defeated both times, and yet it was imposed. To my knowledge, the Owners Association never explained to unit owners how it accomplished this feat despite the defeat of the referendum.

5. Some people would like to replace Starwood (or its subsidiary) as the manager. I hope that this does not become necessary. I think that this will be a less likely outcome if the Owners Association is truly independent and therefore able to deal with Starwood from a position of greater independence.

6. Finally, I think that the Owners Association should create and encourage a password-protected web-based system through which all owners could communicate with each other for purposes both of governance and swapping weeks. The TUG exchange board is great, and I've made use of it, but only a small percentage of St. John owners are TUG members. A couple of people have tried to set up Westin St. John - only boards, but they haven't worked well. I hope that the Owners Association could bring in a lot of people who don't know about TUG.

Philip Schrag
Delaney Family Professor of Public Interest Law
Georgetown University
(Institutional affiliation listed for identification purposes only)

P.S. As a previous post in this thread noted, if you agree with these sentiments, send an email to Gene at cruisingemj@gmail.com Gene is amassing the list of owners who want to make the owners association more responsive.
 

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As you can see above ^^^^ - Phil has a good sense of priorities and is practical.

As many know - I am a proponent of an Owner-to-Owner (O2O) website - and one that is different than TUG (for a variety of reasons). IMO - transparency of the HOA BOD is of key importance to get this resort up to the standards that we all expect, and O2O communication would help create and maintain this transparency.

I was somewhat disappointed with the number of people running for the WSJ-VG BOD - I worry that it may dilute the votes and we will be left with the status quo (lack of transparency/communication) that has gotten this resort in a downward spiral over the last few years with a doubling of our MFs.

Hopefully, with a successful vote and new Owner representatives on the BOD that can work with both SVO and other concerned Owners we can all work together to get this resort back on a positive track.

Like Phil - we also voted for the refurbish - mainly because conditions had gotten so bad. However, as stated very nicely by Phil, it was the existing boards fault that this was not successful (for a variety of reasons), but can be boiled down to being unresponsive and lack of O2O communication - that needs to change.

Walter DeCastro and Melissa Brookes - the current 'Owner' representatives on the BOD have failed the HOA on many levels. If these individuals get re-elected to the BOD (essentialy by SVO controlling the voting) - I am seriously considering selling our 2-weeks at WSJ. Luckily for us - we paid about as much as the going resale price - so it would not be a large loss. However, considering the extremely high MFs - and for that same price (or less) you can rent a private pool villa on STJ - it would be a cost savings. It would be unfortunate because we realy enjoy our 2-weeks on STJ and at WSJ, but can no longer stand to be used by SVO as a cash cow for them.
 

jarta

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ctbt, ... In the Virgin Islands, it seems the Bylaws are King. Not many other restrictions.

Virgin Islands Code, Title Thirteen (Corporations), Chapter 3 (Non-Profit Corporations), Sec. 495:

"§ 495. Bylaws; adoption; contents

Before transacting any business or acquiring any property the persons constituting the membership of the corporation shall meet and adopt bylaws. The vote of a majority of all the members in good standing of the corporation shall be necessary to the adoption of such bylaws and when adopted the same shall be written in a book kept by the corporation, to be duly signed by all persons thereafter becoming members of said corporation so formed under this chapter. The corporation may by its bylaws provide for the time, place and manner of calling and conducting its meetings; the number of directors, managers or trustees, the time of their election, their term of office and the mode and manner of their removal; the mode and manner of filling vacancies on the board of directors, managers or trustees caused by death, resignation, removal or otherwise; the power and authority of the directors, managers or trustees; the compensation of the directors, managers or trustees or of the officers; the mode and manner of conducting business; the mode and manner of conducting elections; the qualifications for membership; the manner in which membership shall cease; the mode and manner of expulsion of a member; the termination of a member's interest in the corporate property under the cessation of his membership, and whether he shall be remunerated therefor, and, if so, in what manner; the amount of membership fee, and the dues, or other charges which each member may be required to pay, if any; the charges which may be made for services rendered or supplies furnished the members of the corporation by it; the manner of collection or enforcement of membership fees, dues or charges, and the method of forfeiting the membership interest, for nonpayment; the method, time and manner of permitting the withdrawal of a member, if at all, and how such withdrawing member's interest may be ascertained and payments made therefor, if the corporation decides he should be reimbursed therefor; the formation of a surplus fund and the manner and proportion in which such surplus fund shall be distributed, either upon the order of the corporation or upon its dissolution; and generally, all such other matters as may be proper to carry out the purpose for which the corporation was formed."

http://www.michie.com/virginislands/lpext.dll?f=templates&fn=main-h.htm&cp=vicode

Also, for condos, see Title Twenty-Eight (Property), Chapter 33 (Condominium Act), Sections 902 (Horizontal Property Regimes) and 919 (Books of Receipts and Expenditures):

"§ 919. Books of receipts and expenditures; availability for examination; annual audit

The manager or Board of Directors, as the case may be, shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred. Such records and the vouchers authorizing the payments shall be available for examination by the apartment owners upon reasonable notice in advance at convenient hours of week days. An annual audit by an independent auditor shall be made of the books and records."

Has any owner ever asked for a copy of the annual independent audits at WSJ? Inspection of the audits should disclose whatever happened to any reserve fund (if there was such a thing) and at least what general categories of expenses exist. The audits normally would compare each year the budgeted and actual income and expenses and, in the notes, would indicate the terms of the management agreement, related transactions and give a pretty good indication of the percentage of delinquencies.

Even if the election does not result in your election, you certainly have (and always have had) the right to get a copy of the annual audit. Good luck in the election.

I was at the resort about 2 weeks ago. First trip. It's a very appealing place - assuming the infighting calms down a little. ... eom
 

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Excerpts from WSJ-VG Letter re: BOD Vote

For those interested - excerpts from WSJ-VG concerning the upcoming BOD vote.

Virgin Grand Villas - STJ Condo Owners Assoc (aka WSJ-VG HOA) Meeting is on May 17, 2010 at 11AM EST in the Asia 5 Conference Rm at the Walt Disney World Dolphin, 1500 Epcot Resort Blvd., Lake Buena Vista, FLA

Two Owners to be elected to the WSJ-VG HOA BOD. Term is for 3 years. Votes can be cast by proxy (or by attendence).

Pursuant to the Bylaws - The Declarant (SVO) retains the right to appoint 3 of 5 members to the HOA BOD until SVO has sold all of its interest in WSJ-VG.

Currently, SVO owns and pay MFs for ~12% of the VOIs at WSJ-VG. SVO will not participate in the voting for Owner representation to serve on the BOD, but has advised that it will allow its voting interest to be counted in order to obtain a quorum to hold the election the election at the meeting.

Please take time to review the enclosed biograhies of the candidate owners. Each was submitted by the respective candidate. The BOD and teh Manager have not edited or verified teh accuracy of the candidates statements, and do not endorse any candidate's positions. The Manager reserves the right to correct misstatements of fact at a later date.

By completing the proxy - you are exercising your right to vote on issues that properly come before the Members during the meeting. The proxy contains both general and limited powers. You can elect either or both.

By choosing to grant your proxy holder general proxy powers you are giving them the power to vote at their discretion on any issue that properly comes before the members at the meeting, including the election. There is no anticipation that any voting issues will arise at the meeting except the election of the 2 owner representatives to serve on the BOD.

By choosing to grant your proxyholder limited powers you specifically direct the proxyholder how to vote as to that particular issue, in this case you will direct your proxyholder to cast cast the votes for the candidates you select.
By choosing both general and limited powers - your proxyholder must vote the limited powers as you specifically direct and the proxyholder can vote at their discretion as it relates to any other issue that properly comes before the members at the meeting.

The proxyholder MUST be present at the meeting to vote. If not present - your vote will not be counted. If your proxyholder is unable to attend in person they can execute the Substition of proxyholder section of the proxy to give the voting power who is attending the meeting.

Only properly executed original proxy forms will be accepted (not faxed or emailed copies) If you choose the Assoc Secretary can serve as your proxyholder.

Everyone is encouraged to vote through the use of limited powers to make certain your vote is counted for specific candidates. If you grant the general proxy powers to the Assoc Secretary - the BOD has agreed that it will instruct the Secretary to cast those votes in the same manner as the majority of the Owners voting in the elections. The BOD will not influence the outcome of the election and the 2 candidates who receive the most votes from the Owners will be elected.

35 Owners submited their names and biographical information (included). You wil have 2 votes to elect 2 candidates - cumulative voting is not permitted.

An Owner who is delinquent more than 60 days in any payment due to HOA will not be eligible to vote.

Proxy votes sent in advance will be scanned by a 3rd independent party - votes submitted at the meeting will be counted by the BOD. The results will be made available to all owners as son as possible after the meeting is concluded.

Proxies must be received by the time/date of the meeting. It is recommended that teh proxy is mailed as soon as possible, but not less than 1 week before the meeting. If you own more than one VOI - you will receive a separate proxy for each VOI.
 
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DavidnRobin

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I also have to say that after almost 10 years as a Starwood owner, this appears to be the most transparent and fair election solicitation I've ever received from them. I won't speculate on what's behind it -- but it's a huge improvement from my perspective.

Starwood has pledged not to influence the vote for the owner members. As stated above, they will not be casting their votes ... and, for owners who designate the Assoc Secretary as proxy, the votes will be cast "in the same manner as the majority of the owners voting in the election."

Of course, they still hold 3 seats so I guess they can afford to be generous ... but this is a huge step in the right direction.


I will speculate - a good bet that it is due to the recent WSJ-VG Owner uprising. SVO has been getting pressure from all sides. There are a lot of very influencial WSJ owners (both in politics and with connections within Starwood), and add to that the many concerned owners that have banded together - and Starwood decided perhaps it was time to listen and respond (vs. generic letters). The upcoming vote (w/o SVO involvement) is an excellent example of this - and kudos to SVO for changing their practice of proxy control. Of course as jersygirl stated - they will still have at least 3 SVO employees on the BOD, but it is a start in the right direction.

There has been a lot of behind the scene activities - please make sure you are following the WSJ Thread for updates. Contact Gene (Tugger: GeneNWendy) for more details regarding the upcoming votes - and the efforts the united WSJ-VG owners have been persuing in order to get our voices heard.

The united WSJ-VG Owners (including me) are favoring Philip Schrag (Tugger)and Robert H. Werbel as the candidates of choice.
 

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You might want to check your bylaws to see if they allow cumulative voting. If they do, you may want to consider cast all of your votes for a single candidate instead of voting for the two or three. Just a thought.

Greg
 

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You might want to check your bylaws to see if they allow cumulative voting. If they do, you may want to consider cast all of your votes for a single candidate instead of voting for the two or three. Just a thought.

Greg

The letter clearly states that you cannot have cummulative voting - whether correct or not by the Bylaws. At this point - the request is to vote for Philip Schrag and Robert H. Werbel - at least by those who agree with our efforts.
 

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The By-Laws for WKORVN allow cumulative voting. You might want to check the By-Laws for WSJ to see if they do as well. If they do, considering how many proxies you get, you may want to consider casting both of your votes for a single candidate to ensure you get at least one candidate on the board. Just a thought.

Greg
 

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Greg - I appreciate your comments - if true, it is just too late to inform people - besides we are voting for 2 people and want both on the BOD
 

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Open Letter to WSJ-VG Owners

Dear Westin St. John Villa owner:

You have just received your ballot(s) (called “proxies”) for the election of two owner representatives on the five-member Board of Directors of the owners association. (Starwood currently appoints the three other members).

We are a group of owners, just like you, who want to have our interests more vigorously represented and reported to us. (Our current Board representatives have not kept in touch with us or updated us regularly during their three-year terms). Maintenance fees have skyrocketed, not only costing us more each year but also decreasing the market value of our units -- and we have to pay higher fees because of the unpaid obligations of owners who default.

We are therefore uniting to try to elect the two candidates listed below, who will stay in touch with owners and represent their interests. This does not mean knee-jerk opposition to expenses that are necessary to maintain and improve the property. But our representatives should work with management to keep expenses down as much as possible, eliminate unnecessary ones, and figure out a better way to make up for the losses caused by those owners who don’t pay their maintenance fees. For example, when owners don’t pay their fees, their units should be made available to other owners who will make up some or all of the arrears. We also want to amend the by-laws to give owners majority control. Starwood employees should advise but not dominate our Board. Also, the Board should set up a password-protected website for owners so that they can swap weeks with one another.

If you are not personally attending the meeting of the owners association on May 17 in Florida, we urge you, therefore, to fill out your proxies as follows:

1. Do not fill in the circle to appoint Pauline Carter as your representative. She is a Starwood employee, and the owners’ interests may not be her first priority. Instead, we recommend you fill in the second circle and designate Tom DeClemente to be your proxy holder. He is an owner and member of our group who will attend the election meeting.
2. Then check the box giving Mr. DeClemente “limited powers” and check the appropriate boxes, next to the names of candidates, to instruct Mr. DeClemente to vote for the election of the following two candidates to the Board of Directors:

Philip Schrag
Robert H. Werbel

(The personal statements of these candidates were included in the mailing that accompanied the proxy form).

3. Sign and date the proxy – not in the very bottom line on the page, but on the line above the word “signature” that appears in bold letters.
4. Mail it, in the envelope that Starwood sent you, no later than May 10.
5. If you own more than one unit, follow this procedure on a separate ballot for each unit.

Thank you for your attention to this important election for directors who have the duty of protecting your interest in our wonderful resort.

Tom DeClemente*
Stephen C. Dixon*
Gene Jaspan**
Cathleen Noland
Clay Peters*
Philip Schrag
Robert H. Werbel

* Nominated candidate who is withdrawing his candidacy in favor of electing candidates Philip Schrag and Robert Werbel

** Sender of this email. If you have questions or know of others who should receive this email, you may contact Mr. Jaspan at cruisingemj@gmail.com
 

DavidnRobin

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WKORV OFD (Maui)
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WSJ-VGV (St. John)
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Is anyone else planning on attending this meeting in person?

Jim

Not sure - might want to ask Gene
Perhaps James will go - since he is located in Orlando (but dont think he owns WSJ)
 
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