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Original Message:
Re: Important Update Affecting Resale Purchasers (by Sr E.):
I disagree with Brett. There are more choices than just the three which Eric suggested. A possible alternative is to have each person who is upset or opposed to the imposition of the 'refurbishment' fee contribute a percentage of the 'refurbishment' fee, let's say a $100? to a fund to retain a lawyer to commence a derivative action. A derivative action is defined at www.nolo.com as "a lawsuit brought by a shareholder against the corporation's directors, other shareholders of the corporation, or a third party for failure of management or fraud. The suing shareholder sues on behalf of the corporation..." (http://www.nolo.com/dictionary/derivative-action-term.html). It allows a minority shareholder to obtain relief against the oppressive actions of a board of directors or majority shareholder. If Brett is correct that Starwood is the majority shareholder then the court is able to examine the conduct and to determine if it is not only reasonable but also whether it was properly authorized.
Has anyone asked for a copy of the Minutes of all the meetings where the refurbishment fee was discussed? Has anyone requested details of the vote in favor, and against, the motion to impose the fee? Many of the postings here are perceptions and assumptions and estimations but what is needed are facts. I think everyone here wants transparency and knowing the facts would go a long way to establish that.
The Vistana Boards and Starwood should provide an opportunity for owners to communicate with one another. Many other associations, including other timeshares and interval ownerships, have a secured members area where they can post their opinions, comments and concerns, similar to this website's forum. Of course, such a forum could possibly run counter to the interests of Starwood, which is exactly why it is in the best interests of the owners and should be supported, and implemented, by the Vistana Boards. I would not oppose a nominal additional amount included in my annual fees for the expense of running such a website. We would not run into the difficulties of trying to discuss this among the thousands of owners as we seem to be having now. I suggest that if you support this idea that you send an email to your Association Board requesting that an owner's forum be created.
I do feel that Brett is right in one thing - that the refurbishment is going ahead regardless of the way any of us feel. But I also believe that will not put an end to it. There will still be resentment, and questions, about how it was handled.