WPORV BOD Meeting October 8

[duke]

I received the Notice of Annual Meeting for WPORV.

I would like to request (or know why) the question of removing the fee for use of the Princeville Hotel - 1 Hotel Hanalei Bay is not on the agenda.

They had sent out a questionnaire months ago and this cost should be discontinued.

Can someone bring it up at the Board meeting and vote to discontinue?

WPORBOD@vacationclub.com

 

[dioxide45]

I received the Notice of Annual Meeting for WPORV.

I would like to request (or know why) the question of removing the fee for use of the Princeville Hotel - 1 Hotel Hanalei Bay is not on the agenda.

They had sent out a questionnaire months ago and this cost should be discontinued.

Can someone bring it up at the Board meeting and vote to discontinue?

WPORBOD@vacationclub.com

Does it need a vote to discontinue? Perhaps it is just up to the BOD to decide to drop the amenity? Did you ever hear what the result of the survey way?

 

[daviator]

Does it need a vote to discontinue? Perhaps it is just up to the BOD to decide to drop the amenity? Did you ever hear what the result of the survey way?

I have been to several annual meetings (though not for WPORV, because I don't specifically own there) and I have never seen them take a ownership vote on anything at the meeting. The meetings themselves are always very formulaic: approval of last year's minutes, announcement of the election results, maybe another pre-ordained board vote or two, then adjournment. The more interesting part is after the formal meeting when they will usually take questions from owners in attendance.

I agree that if owners voted to discontinue the relationship with the Princeville Hotel, the board should have done so, but I wouldn't expect it to happen at the annual meeting and I don't think they even allow "new business" to be introduced there.

 

[dioxide45]

I have been to several annual meetings (though not for WPORV, because I don't specifically own there) and I have never seen them take a ownership vote on anything at the meeting. The meetings themselves are always very formulaic: approval of last year's minutes, announcement of the election results, maybe another pre-ordained board vote or two, then adjournment. The more interesting part is after the formal meeting when they will usually take questions from owners in attendance.

I agree that if owners voted to discontinue the relationship with the Princeville Hotel, the board should have done so, but I wouldn't expect it to happen at the annual meeting and I don't think they even allow "new business" to be introduced there.

I know in Florida there are two separate meetings. The annual meeting and a budget meeting. For Grande Vista the budget meeting is usually the day before the annual meeting but for Vistana Villages the annual meeting is a month or more before the budget meeting.

 

[daviator]

I know in Florida there are two separate meetings. The annual meeting and a budget meeting. For Grande Vista the budget meeting is usually the day before the annual meeting but for Vistana Villages the annual meeting is a month or more before the budget meeting.

I don't think owners are welcome at meetings other than the official annual meeting. We have no visibility into how the sausage is made!

 

[dioxide45]

I don't think owners are welcome at meetings other than the official annual meeting. We have no visibility into how the sausage is made!

I know for Grande Vista, owners are invited to the BOD (budget) meeting. I've gone on two occasions. I beleive under Florida law that an owner can attend any regular scheduled meeting.

 

[daviator]

I know for Grande Vista, owners are invited to the BOD (budget) meeting. I've gone on two occasions. I beleive under Florida law that an owner can attend any regular scheduled meeting.

Interesting. I don't own at any Florida properties. I have never received any notice about any meeting other than the annual meeting at the properties I do own (California and Hawaii.) So perhaps the requirement to allow owner attendance does not exist in every state.

 

[dioxide45]

Interesting. I don't own at any Florida properties. I have never received any notice about any meeting other than the annual meeting at the properties I do own (California and Hawaii.) So perhaps the requirement to allow owner attendance does not exist in every state.

I looked up Hawaii and owners are supposed to be allowed to attend the regular meetings. The problem is that notices about regular board meetings usually only have to be posted on property. At Grande Vista there is a hallway behind the checkin desk where they have a small board. I've seen those notices posted there. So unless you see those, you have no idea when or how to attend. The annual meeting is always sent out via mail/email.

 

[daviator]

This is another reason, I’m sure, why MVC encourages folks to trade in their weeks and buy Abound points. Abound owners only own shares in the trust and don’t have any right to attend board meetings of the properties themselves.

But you are probably right, MVC provides the minimum legally required notice of meetings, which is probably an obscure bulletin board somewhere, thereby making it impossible for most owners to ever learn about meetings.

 

[Ken555]

Interesting. I don't own at any Florida properties. I have never received any notice about any meeting other than the annual meeting at the properties I do own (California and Hawaii.) So perhaps the requirement to allow owner attendance does not exist in every state.

Well, I learned something new for California. Timeshares have certain exclusions from the Davis-Stirling Act, including the right of owners to attend every regular meeting.


## Answer: Limited Rights for Timeshare Owners Under the Davis-Stirling Act

**The Davis-Stirling Act does NOT generally permit timeshare owners to attend every HOA board meeting because timeshare plans are largely exempt from the Act’s provisions.**

## Key Legal Provisions:

### 1. General Rule for HOA Members

Civil Code Section 4925(a) states: “Any member may attend board meetings, except when the board adjourns to, or meets solely in, executive session.”

### 2. Timeshare Exemption from Davis-Stirling Act

Business & Professions Code Section 11211.7(a) provides that “Any time-share plan registered pursuant to this chapter to which the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code) might otherwise apply is exempt from that act, except for Sections 4090, 4177, 4178, 4215, 4220, 4230, 4260 to 4275, inclusive, 4500 to 4510, inclusive, 4625 to 4650, inclusive, 4775 to 4790, inclusive, 4900 to 4950, inclusive, 5500 to 5560, inclusive, and 5975 of the Civil Code.”

**Critically, Section 4925 (the open meeting provision) is NOT listed among the exceptions**, meaning timeshare plans are exempt from the open meeting requirements.

### 3. Limited Application to Timeshares

The exemption does apply Civil Code Sections 4900 to 4950 (which includes the Open Meeting Act provisions) to timeshares , but this creates a complex legal situation where timeshare governance may be subject to some meeting requirements while being exempt from others.

## References:

1. **California Civil Code Section 4925** - Member attendance at board meetings
- Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=4925
- FindLaw: https://codes.findlaw.com/ca/civil-code/civ-sect-4925/
1. **Business & Professions Code Section 11211.7** - Timeshare exemptions from Davis-Stirling Act
- Source: https://findhoalaw.com/business-pro...11-7-timeshare-exemptions-davis-stirling-act/
1. **Davis-Stirling Common Interest Development Act** (Civil Code Sections 4000-6150)
- Primary source: California Civil Code, Part 5, Division 4
- Reference: https://findhoalaw.com/davis-stirling-act/
1. **Civil Code Section 4900** - Open Meeting Act title provision
- Part of the Davis-Stirling Act’s Open Meeting Act provisions
1. **SB Liberty v. Isla Verde case (2013)** - Confirmed that meeting attendance rights extend only to members
- Referenced in Orange County Register article as establishing that “The court confirmed the law only gives the right of attendance to members.”

## Conclusion:

While the Davis-Stirling Act’s Open Meeting Act provisions (Sections 4900-4950) do apply to timeshare developments, the specific attendance rights in Section 4925 must be interpreted within the context of timeshare-specific regulations and the governing documents of the particular timeshare association. Timeshare owners should consult their specific timeshare documents and consider seeking legal counsel for definitive guidance on their particular situation.

 

[dioxide45]

This is another reason, I’m sure, why MVC encourages folks to trade in their weeks and buy Abound points. Abound owners only own shares in the trust and don’t have any right to attend board meetings of the properties themselves.

But you are probably right, MVC provides the minimum legally required notice of meetings, which is probably an obscure bulletin board somewhere, thereby making it impossible for most owners to ever learn about meetings.

For the first time that I can recall, this year, Marriott actually provided a date, time and location of the annual meeting for the MVC Trust. It was posted in a thread in the Marriott forum recently. I don't know if owners could attend, but I suspect they could if they communicated the date, time and place.