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Re: Ka'anapali Beach Owners Check Here

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 DiamondÂ’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.