Ka'anapali Beach Owners Check Here

Please add my e-mail to your list. garybodine@juno.com Thanks

Saw the posting and suggestions for who should get the owners' votes for the 2010 meeting (I plan to vote for the two suggested). We are Platinum owners and would like to make sure owners have a say in the resort. Please add us to the mailing list:

RAirdDengler@msn.com

Mahalo!

We were just at KBC this past week and attended the update presentation. We were told by several employees that Bill Burns (not by full name but I figured it out) was in a few months earlier and he opted to convert to the trust. I, too was on his emails and took his suggestions to heart. This appears to completely reverse his prior stance, so I would like to see if anyone knows if this is true as we are unable to contact him. My only concern is that the trust documents say that until the owners have 80% or more of the available points, the company has 3 votes per point whereas the owners have 1 vote per point. Please also add me to the email list arozines@qwest.net. Mahalo!

What is going to happen to us as owners? Is DRI going to make it so that we have to convert to the Trust in order to secure our weeks? Does anyone know how much of the resort actually is still deeded to individual owners?

I wouldn't give up your deeds to be a part of the trust for any reason. Look at resale value alone. At least you can still sell your weeks for something. Try selling your points in the trust!

Considering that MF's have increased almost 100% in the last five years, our timeshare investment continues to decline in value, even on the secondary market. Resale value will continue to decline as long as MF's keep going up!

I wouldn't believe a word the employees said. They have a vested interested (their job) to say whatever Diamond Resorts wants them to say. I cannot tell you how many times we have been "lied" to by the employees, especially those in sales. It's more of a deliberately mislead, or a "I'm pretty sure that" rather than an outright lie, but we've been given a lot of misinformation. I think they are just trying to scare everyone into buying into the trust. Don't be fooled. I think if you look at one of the Red Week rentals, it is from Bill Burns. If you find it, maybe you can ask him, but I sincerely doubt he went with the trust and the rest of us shouldn't either. What a scam.

I have no interest either in converting to the Trust; however I am concerned as to how high DRI will continue to raise our MF's, and whether those in the Trust will be given a better opportunity in securing the choice weeks and the better room(s) we have had as owners under previous management companies. And why is our timeshare investment continuing to decline in value? Have some chosen foreclosure in lieu of paying the grossly inflated MF's?

Add my name to the contact list: jwandrych@gmail.com

Concerning our investment dollar...does anyone know if there is a year end calculation of where one is at with ownership value ?

Are you a weeks owner or Trust owner?

one week...deluxe ocean view

gary769 wrote:

I'm sorry, I thought about that after I replied. I don't have my ballot anymore because I sent it in. I thought that box was in regards to a proxy vote in case you didn't want to choose your self, but mayber not.

If I recall correctly, if you do not name a proxy and specifically the name of an owner attending the meeting, the board automatically becomes your proxy.

A proxy is someone who is attending who should vote as you directed, but they are not required to vote what you have designated.

Thus, even though you vote for a non affiliated DRI person to be on the board, if you leave the proxy blank or name a proxy who does not attend the meeting, the DRI controlled board will have the power to honor or overide your vote.

In retrospect, I would designate "Ron Wade" as your proxy on the ballot as her is the only board member I know or that is not a DRI employee.

Is Ron Wade still on the Board - I did not see his name on the Ballot. We as deeded owners definitely need to support the same candidates.

I will be supporting the two candidates suggested in other topics on this forum, just because we need to all vote for SOMEONE who is not associated with DRI.

Those would be Kirkpatrick and Woodford.

It seems pretty clear that no matter who your proxy might or might not be, if you have choosen a nominee, your vote will be cast for them.

"If a completed ballot is submitted with your proxy, the proxy holder will vote in accordance with the ballot on issues presented in the ballot."

"If I/we do not designate candidates below, I/we hereby authorize my/our proxy to vote as he/she may determine. As the owner of one or more intervals in the Ka’anapali Beach Vacation Owners Association, I cast my vote(s) as follows:"

Only if you DO NOT cast a vote may the proxy vote as they wish.

"In the event that a specific person other than the Board of Directors is designated as the undersigned’s attorney and agent as aforesaid and that person is neither present at the aforesaid meeting nor has appointed a substitute in writing, then the undersigned constitutes and appoints the Board of Directors as the undersigned’s attorney and agent to act in the undersigned’s name, place and stead for the purpose of establishing quorum only, and for no other reason."

So, reguardless of who is your proxy, whether it be the board or a person, it is "for the purpose of establishing quorum only, and for no other reason".

Unless of course you do not submit a vote, SO VOTE!

Hi, Bill. I know that you are retired and hope that you and your wife are doing well. As an owner since 2001 under KBC/Embassy, I appreciated all your efforts and wondered if you could recommend an owner to vote on the board this year. We need a concensus (majority vote) to get more owners on this board!!

Thanks, Ann

I think Richard Gray could also be a good candidate, as well as Kristen Kirkpatrick and Lawrence Woodward. However it is important that we choose the same ones - any reason for the preferred selection of candidates? We don't have too long to decide now.

Ann, Do you have a contact for Bill Burns ? I have been trying to contact him as I think he has a owners list. I have set myself up as an owners contact person and have been getting e-mail adresses from owners reading this site. It looks like many of us are voting for Kristen Kirkpatrick and Lawrence Woolford. It looks like Ron Wade is the only owner on the board now but this has not been confirmed by another person on this site. It is good that the owners are now using this site to look into the board election and about the resort in general. Let me know if you know how to contact Bill Burns. David losd@cox.net

Well, I can't find my KBC voting and proxy form, but the others I looked thru have this caveat:

"... hereby authorizes: (Insert one name, not your own) to use this Proxy to vote on my/our behalf at the ANNUAL MEETING and any adjournments thereof with full power of substitution..."

I apologize for not having this year's document any longer and if I am incorrect on this matter. But last year a letter from Bill Burns was forwarded to me from Larry Enns, and a copy of the 2009 proxy is included. Bill's letter stated "Your proxy-holder must be present at the meeting in order to vote your proxy". Further, in Bill's letter the proxy text begins "I THE UNDERSIGNED, DO HEREBY CONSTITUTE AND APPOINT THE Board of Directors of the Associations so listed above, or (print name) to act as my attorney and agent, with full power of substitution for me and in my name...".

I'm very uncomfortable naming the board as my proxy when terms such as "as my attorney and agent" and "with full power of substitution for me" are included. Regardless of the text "proxy holder will vote in accordance with the ballot", I feel the other terms allow my "agent" the option to change their mind.

Bill's letter does identify Larry Woodford as a non DRI affiliated owner. Bill's 2009 letter does encourage specifically voting for non DRI owners, by name. He also specifically asks to be named as your proxy. Don't name him this year as we have not heard from him. Name a non-DRI affiliated owner who is attending the meeting. I mention this because since he felt strongly you should name a non DRI affiliated owner as your proxy, you should also.

Of importance is the quote "for the purpose of establishing quorum only, and for no other reason". Please be critically aware this quote may indeed mean the board can't vote your proxy if you name an owner as your proxy who doesn't attend. But it also means if you voted to replace board members with non DRI affiliated owners and your proxy is not present, not only will your vote not count towards people you want to be on the board, it will possibly help assure there is a quorum to the benefit of the DRI affiliated owner.

On one critical point Brian says "reguardless of who is your proxy, whether it be the board or a person, it is for the purpose of establishing quorum only, and for no other reason". I believe this to be incorrect because if you carefully read the text, it only applies if the proxy you named is not present. If you name the board as your proxy I am certain they will be present. As such they will vote your proxy and I still feel strongly they have an option to vote different than your direction.

And finally, Bill's letter last year said "I will start by advising you that I received a letter from Diamond’s legal department VP demanding that I 'immediately cease and desist...' ". Since Bill has not commented on this thread for over a year and his website forwards to DRI I suspect he has come to agreement with DRI to no longer support or respond to owners. I don't say this in disrespect. I say this due to what I believe based on people being notified by DRI whom no longer participate to support owners or respond to owner inquiries. I saw Gary mentioned two weeks ago Bill resigned due to health reasons ... in my opinion stress from interacting with DRI could contribute to health issues. I feel I have suffered a fair amount of depression in regard to my interaction with them over the last year myself.

I apologize for being paranoid. But in my experience, it appears DRI has a lot of flexibility in interpreting what a document says can be done. In many cases what I think a written document means has been interpreted and applied very differently by DRI. As such, any document which says the proxy may act as my attorney and agent, then later says the proxy holder will vote in accordance with the ballot, is a document which gives me a warm fuzzy my proxy will vote as I designate. But in my opinion allowing someone to act as my attorney and agent gives them the opportunity to change their mind.