June 12, 2019 Email
Please read the following Important Letter from KBV Owner, Brian Reichel
(Dear KBV Owners, this is an urgent communication regarding your KBV Ownership. As you know, SaveKBV supported candidates Trish Harrington and Brian Reichel in the recent election of KBV Board Members. According to Brian, who attended the May 16th election at KBV, what took place during the election was “a sham”. As a result, Brian, a career attorney, is pledging his time and expertise to pursue this matter legally. Please take a few minutes to review the following letter from Brian and click the link to read his Demand For Action by the KBV IOA Board.)
Dear Fellow KBV Owners,
You are receiving this email because you are a timeshare owner at Kauai Beach Villas (KBV).
I have been a KBV owner since 2005. For the past 28 years I’ve been a commercial litigation attorney in Denver, Colorado, where I’ve owned and operated my own law firm since 1998. Over the course of my legal career, I’ve had occasion to defend, as well as sue, officers and directors of corporations. I’ve also had the experience of arguing a high profile civil rights case before the United States Supreme Court.
On May 16, 2019, I attended the annual meeting of members at KBV and witnessed first-hand what I consider to be a sham election. Thereafter, I spent a great deal of time conducting my own investigation into the inner-workings of the KBV Interval Owners Association (IOA), which is structured as a Hawaii non-profit corporation. Based on my review of the information I was able to obtain from various sources, substantial evidence exists that for several years now Wyndham-affiliated entities and persons have been operating a fraudulent scheme, some of which involves possible criminal activity, to take total control of KBV and deny members such as us our rights as owners. Consequently, it appears that immediate legal action on the part of KBV owners is necessary to halt this illegal activity and reclaim KBV for its owners.
Just as shareholders are considered the “owners” of a for-profit corporation, you as a KBV timeshare owner are considered a “member” of the KBV IOA non-profit corporation. As such, you have certain rights under Hawaii’s Non-Profit Corporation Act, including the right to sue on behalf of KBV IOA to enforce owner rights and seek equitable and monetary relief against the perpetrators of the fraudulent scheme. This requires at least 50 members to be involved. Before filing suit, however, Hawaii law requires us to demand that the Board of Directors take action to deal with the on-going illegal conduct being perpetrated by Wyndham-affiliated persons and entities. I, with the assistance and input of Karen Blackford, Trish Harrington and Larry Geiger, have drafted a Demand For Action letter (which you can click here to review) and intend to serve it on the Board of Directors through our current management company, Grand Pacific Resorts.
We would greatly appreciate your support by simply authorizing us to include your name on the letter. Please note that we are NOT seeking any financial support at this time; by authorizing your name to be included on the demand you are NOT obligating yourself to any monetary contribution should the retention of Hawaii litigation counsel become necessary. If you wish to have your name included on the demand, simply click on this link (Include My Name), type in your name as it appears on your timeshare deed and click on the “Submit” button.
Thank you, we appreciate your support.
Brian J. Reichel
Kauai Beach Villas Owner