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Worldmark Olympic Village Inn California [important info for owners]

geist1223

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Worldmark the Club has ZERO Employees. You are still confusing Wyndham and Worldmark. The sign may say Worldmark by Wyndham. But Worldmark has no employees. Any workers on site will be Wyndham employees - hired, trained, paid, subject solely to Wyndham control, etc. WM does not even have any control over where Wyndham develops new properties (either built new or already built but purchased and modified) and placed/dumped into Worldmark Inventory. The WM Vacation Planning Center, WM Owner Care Section, etc are all Wyndham Employees. The Resort Managers, Front Desk Personnel, Maintenance Workers, House Keeping, etc at all Worldmark Resorts are Wyndham Employees. Worldmark has no control over any of the employees.

I had to Post above and then back out so that I could look up the actual language concerning Worldmark. Worldmark the Club is a "California nonprofit mutual benefit corporation" established under and subject to California law.

Many people are confused by and do not understand the legal relationship, etc as between Wyndham and Worldmark. To include many Worldmark Members.

The Club consists of approximately 229,000 Members, the Resorts, and the Worldmark Board of Directors. Wyndham bought the Development Rights from "Trendwest." Actually Cendant bought them but then there was a Corporate breakup and Wyndham came into being as the Developer. Worldmark has no say or control over the Developer. As a separate legal matter the Worldmark Board of Directors retained Wyndham as our Day to Day Manager of the Worldmark Resorts. Wyndham as the Day to Day Manager for Worldmark The Club provides Wyndham Employees to Manage Day to Day. The Worldmark Board of Directors has no say or control of Wyndham as the Developer. They can not even reject Resorts Wyndham places into the Worldmark Inventory (As discussed above Worldmark did not need two under performing Resorts in Blaine, WA.) While it is legally possible for the Worldmark Board of Directors to stop contracting with Wyndham as the Day to Day Manager the reality is that it will never happen. The Majority of the Worldmark Board of Directors are beholden to Wyndham for their original election and subsequent Re-election. Several of them are previous employees of Wyndham and one is a current Vice-president for Wyndham.

So your fight needs to be directed at Wyndham.
 
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crystal413

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Worldmark the Club has ZERO Employees. You are still confusing Wyndham and Worldmark. The sign may say Worldmark by Wyndham. But Worldmark has no employees. Any workers on site will be Wyndham employees - hired, trained, paid, subject solely to Wyndham control, etc. WM does not even have any control over where Wyndham develops new properties (either built new or already built but purchased and modified) and placed/dumped into Worldmark Inventory. The WM Vacation Planning Center, WM Owner Care Section, etc are all Wyndham Employees. The Resort Managers, Front Desk Personnel, Maintenance Workers, House Keeping, etc at all Worldmark Resorts are Wyndham Employees. Worldmark has no control over any of the employees.

I had to Post above and then back out so that I could look up the actual language concerning Worldmark. Worldmark the Club is a "California nonprofit mutual benefit corporation" established under and subject to California law.

Many people are confused by and do not understand the legal relationship, etc as between Wyndham and Worldmark. To include many Worldmark Members.

The Club consists of approximately 229,000 Members, the Resorts, and the Worldmark Board of Directors. Wyndham bought the Development Rights from "Trendwest." Actually Cendant bought them but then there was a Corporate breakup and Wyndham came into being as the Developer. Worldmark has no say or control over the Developer. As a separate legal matter the Worldmark Board of Directors retained Wyndham as our Day to Day Manager of the Worldmark Resorts. Wyndham as the Day to Day Manager for Worldmark The Club provides Wyndham Employees to Manage Day to Day. The Worldmark Board of Directors has no say or control of Wyndham as the Developer. They can not even reject Resorts Wyndham places into the Worldmark Inventory (As discussed above Worldmark did not need two under performing Resorts in Blaine, WA.) While it is legally possible for the Worldmark Board of Directors to stop contracting with Wyndham as the Day to Day Manager the reality is that it will never happen. The Majority of the Worldmark Board of Directors are beholden to Wyndham for their original election and subsequent Re-election. Several of them are previous employees of Wyndham and one is a current Vice-president for Wyndham.

So your fight needs to be directed at Wyndham.

BUT they are still trying to force a WRDC person on to our OVI board, which is against our CC&R's, and a conflict of interest. Even though they are separate companies, they share the same address and are therefore owners at OVI, and can't be on the board.
 

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IMO and without giving any Legal Advice just because two or more Companies share a mailing address does not legally make them a single legal entity. I do not remember where Wyndham is incorporated but Worldmark as I said earlier Worldmark is a California nonprofit mutual benefit corporation formed under California law and subject to California law. Worldmark the Club's official address is 9805 Willows Road, Redmond, Wa 98052. Worldmark addresses for financial matters are in Las Vegas. There are 3 different P.O. Boxes. In that Worldmark does not have any employees and that Worldmark contracts with Wyndham to provide a variety of services as the Day to Day Manager it makes sense that financial matters would be handled/coordinated by Wyndham.
 

JohnPaul

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All we own is "a winter week". They are not fixed weeks. That means we have to call 2 years in advance to book our "winter week". All the intervals are in the same pool. So WM owners can call and book weeks that would otherwise be available to OVI owners. That makes it much harder for us to get a specific week, when they own 400 intervals. they are not separated into WM weeks and OVI weeks, all in the same pool. None are dedicated WM weeks.
please read https://saveovi.org/about/ and the other tabs, for a clearer understanding of the situation.


This argument makes no sense. OVI has xxx amount of weeks. OVI has xxx amount of owners. There can't be more weeks owned than weeks available. What makes a WM owner booking a week any different from the same week being owned by someone else that reserves it.
 

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All we own is "a winter week". They are not fixed weeks. That means we have to call 2 years in advance to book our "winter week". All the intervals are in the same pool. So WM owners can call and book weeks that would otherwise be available to OVI owners. That makes it much harder for us to get a specific week, when they own 400 intervals. they are not separated into WM weeks and OVI weeks, all in the same pool. None are dedicated WM weeks.
This is simply not true. WorldMark owners will not be calling in to OVI to reserve whatever week they want. Wyndham will pre-reserve weeks throughout the year, then those weeks will appear as inventory on the WorldMark Vacation Planning calendar for WorldMark owners to reserve according to the WorldMark reservation guidelines.

A few years ago, Wyndham initiated a program similar to the OVI purchase in an HOA where I own. Wyndham offered to buy all the foreclosed intervals in return for an exclusive right to purchase all future foreclosures. It has worked great for the owners in the HOA, because there is essentially no more bad debt, and maintenance fees no longer need to increase beyond normal mf increases to cover the missing mf from the non-performing intervals.

Some of these weeks have been transferred to WorldMark the Club. Wyndham uses the acquired intervals to reserve weeks throughout the year, and these weeks appear on the WorldMark Vacation Planning Calendar. Wyndham does not reserve all the "good" weeks; they are spread fairly evenly across the entire year.

If Wyndham owns 400 intervals out of 4590, that is less than 10%. It may be easiest to think of OVI now as a shared resort (probably half of Wyndham resorts are shared Club Wyndham/WorldMark resorts; it works fine) with 10% now a WorldMark resort and the other 90% still the OVI resort it has always been.
 

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Please read https://saveovi.org/about/ and the other tabs, to understand the situation.
I read the information at the link with an open mind. My general impression is that it is authored by some conspiracy theorists with an axe to grind.

There were a few good points, one of them being the lack of board meeting minutes since October, 2016, which does violate the governing documents. HOA Board Meeting minutes are notoriously uninformative, so I am not sure that having them would be of much value. The lack of board meeting minutes does provide fodder for the conspiracy theorists.

I also skimmed the OVI Governing Documents and Purchase and Sale Agreement that were linked on the saveovi site.

OVI is incorporated as a non-profit California corporation, just as WorldMark is. It is easy to understand why Wyndham would think OVI foreclosures would be a good addition to WorldMark.

I found the Purchase and Sale Agreement to be the most interesting reading. There are a few hundred thousand WorldMark and Club Wyndham owners who wish this excerpt were in our governing documents:

"However, if any Village Inn member requests not to be solicited any further after an initial solicitation by Buyer or its designee, Buyer or its designee shall honor such request and shall cease solicitation of such Village Inn member during the remainder of such Village Inn member’s stay. If the Board receives complaints regarding Buyer’s marketing activities, the Board and Buyer shall work in good faith to resolve any concerns regarding such marketing activities."


To me, that statement sounds like the current OVI Board is looking out for the interests of OVI owners.
 

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BUT they are still trying to force a WRDC person on to our OVI board, which is against our CC&R's, and a conflict of interest. Even though they are separate companies, they share the same address and are therefore owners at OVI, and can't be on the board.
I am guessing that "CC&R's" means the OVI Governing Documents? I could not find anything in the OVI Governing Documents that prohibits a WRDC person from serving on the Board of Directors.

WorldMark is a non-profit California corporation just like OVI. The WorldMark Governing Documents require that every Board Director be a Club member/owner.

What is written in the Purchase and Sale Agreement between OVI and Wyndham may be what you are referring to:

"Section 5.8 Board Nominations. Buyer shall not nominate, or solicit any other person to nominate, a candidate for the Seller’s Board of Directors for a period of one (1) year following the Closing Date. Commencing one (1) year from the Closing Date the Buyer shall be entitled to nominate one (1) director to the Seller’s board of directors. As the Buyer acquires additional inventory in increments of 15% of the total number of Shares in the Village Inn Property, the Buyer will have the right to nominate an additional director to the Seller’s board of directors. By means of example and not limitation, upon acquisition of an additional 15% of the total number of Shares in the Village Inn, Buyer is entitled to nominate a second director and, upon acquisition of another additional 15% of the total number of Shares in the Village Inn Buyer is entitled to nominate a third director. No candidate nominated by Buyer pursuant to this Section shall be an employee of Buyer, or any affiliate of Buyer, for so long as the Management Agreement is in effect. The Buyer may nominate candidates pursuant to this Section that are members of WorldMark, the Club, so long as such members of WorldMark, the Club are not an employee of affiliate of Buyer."


The Wyndham nominated candidate(s) still have to stand for election. Wyndham controls less than 10% of the voting power. If OVI owners do not want Wyndham candidates serving on the OVI Board of Directors, they have a 9:1 voting power advantage to prevent it.

Wyndham owns almost 10% of the non-profit OVI corporation. They have invested $1,250,000 to improve that corporation. If I were in that situation, I would expect to appoint someone to the corporate Board of Directors.

To me, the fact that Wyndham can only nominate candidates for Board positions and not appoint BOD members leads me to the conclusion that the current OVI Board negotiated the Purchase Agreement with the interests of current OVI owners in mind. Section 5.8 seems like a negotiated compromise that favors current owners.

So, long story short, employees of Wyndham or its affiliates may not serve on the OVI Board, but members of WorldMark, who are not employees of Wyndham or its affiliates, may serve on the OVI Board.
 
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ecwinch

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As a WM owner, I only have a small dog in this fight. While I can understand the OVI membership not wanting to see Wyndham "take over" the resort, I think OVI is on a dangerous course. You cannot accept the benefits of a contracted bargain and not expect the other party to exercise their rights under that bargain. I see Wyndham suing OVI down the road. If I was an OVI BoD member I would start to prepare for how a $1.25mil+ judgement would be addressed. Which creates an ironic situation if you think about it.


This argument makes no sense. OVI has xxx amount of weeks. OVI has xxx amount of owners. There can't be more weeks owned than weeks available. What makes a WM owner booking a week any different from the same week being owned by someone else that reserves it.

I think the concern is that shares/intervals that Wyndham bought - which was foreclosed inventory held by the Club - will be more active in booking desirable inventory. That is the trade-off - more dues paying shares, but also more shares chasing desirable weeks.
 
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I've got no stake in this one, but I wonder what Homeowners Association of sound mind would associate themselves with Wyndham, or would retain Wyndham as a management company? I think the baby was thrown out with the bathwater at Olympic Village Inn, when (1) the timeshare interests were sold to Wyndham, and (2) Wyndham was retained by OVI as their management company.

What a shame, as Olympic Village Inn used to be such a nice place.
 

ecwinch

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It's always easy to 2nd guess the decisions of a BoD AFTER a decision has been made. This is the reason that under most circumstances a court will normally avoid 2nd guessing the BoD under what is known as the business judgement rule doctrine.
 

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STILL worried sick about WM taking over our OVI resort. we now have a slate of 4 folks running to try and oust the old board and WM. Please listen to this informative talk by our lawyer (also owner) about what is happening. Vote in October. Still worried SICK!

 

geist1223

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I started to write something inappropriate to crystal413. Took a deep breath - hold - release slowly. Where were all these Owners as OVI's financial situation worsened to such a degree that the BOD felt it was necessary to go outside to get the financial support it needed.
 

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Well, for one thing, that WASN'T the case. We have 90% of our intervals owned, and only 10% in inventory. I'm told that is GREAT for a non-profit timeshare property. We were misled by our board that was offered $$ to let WM in with a purchase & sale agreement. If the owners had been told, we would've gladly bought some more inventory~
PLEASE listen to Robert Bone's interview above. Then feel free to comment!
 

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I am guessing that "CC&R's" means the OVI Governing Documents? I could not find anything in the OVI Governing Documents that prohibits a WRDC person from serving on the Board of Directors.

WorldMark is a non-profit California corporation just like OVI. The WorldMark Governing Documents require that every Board Director be a Club member/owner.

What is written in the Purchase and Sale Agreement between OVI and Wyndham may be what you are referring to:

"Section 5.8 Board Nominations. Buyer shall not nominate, or solicit any other person to nominate, a candidate for the Seller’s Board of Directors for a period of one (1) year following the Closing Date. Commencing one (1) year from the Closing Date the Buyer shall be entitled to nominate one (1) director to the Seller’s board of directors. As the Buyer acquires additional inventory in increments of 15% of the total number of Shares in the Village Inn Property, the Buyer will have the right to nominate an additional director to the Seller’s board of directors. By means of example and not limitation, upon acquisition of an additional 15% of the total number of Shares in the Village Inn, Buyer is entitled to nominate a second director and, upon acquisition of another additional 15% of the total number of Shares in the Village Inn Buyer is entitled to nominate a third director. No candidate nominated by Buyer pursuant to this Section shall be an employee of Buyer, or any affiliate of Buyer, for so long as the Management Agreement is in effect. The Buyer may nominate candidates pursuant to this Section that are members of WorldMark, the Club, so long as such members of WorldMark, the Club are not an employee of affiliate of Buyer."


The Wyndham nominated candidate(s) still have to stand for election. Wyndham controls less than 10% of the voting power. If OVI owners do not want Wyndham candidates serving on the OVI Board of Directors, they have a 9:1 voting power advantage to prevent it.

Wyndham owns almost 10% of the non-profit OVI corporation. They have invested $1,250,000 to improve that corporation. If I were in that situation, I would expect to appoint someone to the corporate Board of Directors.

To me, the fact that Wyndham can only nominate candidates for Board positions and not appoint BOD members leads me to the conclusion that the current OVI Board negotiated the Purchase Agreement with the interests of current OVI owners in mind. Section 5.8 seems like a negotiated compromise that favors current owners.

So, long story short, employees of Wyndham or its affiliates may not serve on the OVI Board, but members of WorldMark, who are not employees of Wyndham or its affiliates, may serve on the OVI Board.


Sorry... members of WorldMark, who are not employees of Wyndham or its affiliates, may NOT serve on the OVI Board. OVI governing docs state that anyone running for the board MUST BE on OVI owner, which they are NOT.
 

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Sorry... members of WorldMark, who are not employees of Wyndham or its affiliates, may NOT serve on the OVI Board. OVI governing docs state that anyone running for the board MUST BE on OVI owner, which they are NOT.
Please cite where you find that "anyone running for the board MUST BE on OVI owner". This seems reasonable, but I just spent (wasted?) a half-hour looking for it and can't find it (not to say it does not exist, there is a lot to the governing documents).


We both might be right. There is nothing to say that someone who is an OVI owner and a WorldMark owner may not serve on the OVI Board. So, a Wyndham non-employee who is also a WorldMark owner, or not, buys one of the Wyndham owned OVI weeks. Presto, they can run for a Board position.


Is there no comment on how current OVI owners still have a 9:1 voting advantage over Wyndham? I surmise there are very few OVI owners on TUG, and definitely not in the WorldMark forum. You need to reach your OVI ownership base.

Just so you know, WorldMark members do not decide what resorts are added to our system (posting in the TUG WordMark forum does nothing to advance your agenda). If we could, the OVI floor plan is just plain weird, and there is no question the majority of WM owners would reject adding OVI to our system. But as noted before, the OVI floor plan could work for a couple, and I am sure that couples, not families, will be the most frequent WorldMark visitors to OVI.
 
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It's past time for the WM owners to stop hijacking this thread. If an owner at OVI wants to try to organize other owners to try to prevent Wyndham from taking over, let them. It has been pointed out that it is Wyndham and not Worldmark so let them get on with the business of organizing existing owners. They know more than outsiders about how their resort/club works so butt out. As a longtime WM owner who has watched Wyndham devalue WM, I don't blame anybody for doing everything they can to keep from doing business with Wyndham.

Sue
 

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Then they should get out of the Worldmark area and go to the Wyndham area or go to all Others. It is with Wyndham they have their fight. Worldmark did not spend 1 penny on buying into OVI and had not spent 1 penny in updating any OVI Units.
 

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Then they should get out of the Worldmark area and go to the Wyndham area or go to all Others. It is with Wyndham they have their fight. Worldmark did not spend 1 penny on buying into OVI and had not spent 1 penny in updating any OVI Units.

That point was made in post #22. It doesn't have to be made over and over and over again. So an outsider confuses Worldmark with Wyndham; so what? Give it a rest. If they can keep Wyndham off the Board by organizing, then more power to them.
Sue
 

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I have a naive question, why does this thread not get moved to the Wyndham thread?

The players here strike me as Walmart and K-Mart (neither Wyndham or WorldMark an asset to Olympic Village Inn), so why not transfer this thread over to the Wyndham thread, since this appears to this naive reader, to be a Wyndham issue...........or is it really a "Western States Timesharing" issue?
 
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JohnPaul

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The post started as a clear WM issue.
 

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Who did the OVI Board of Directors sell the weeks to? Answer Wyndham. Who did the OVI hire as the Resort Manager? Answer Wyndham. The OVI Members' fight is with their BOD and Wyndham. If the Members of OVI that are upset with the decisions made by their BOD and Wyndham's encroachment on OVI can not process the legal differences between Wyndham and Worldmark then they are in for a very up hill battle. Also as I understand it OVI Members still have 90% of the Voting Power. So if the OVI Members are united it should be very easy to elect a new BOD. What the new BOD does after that is up to them.

Why don't you simply start an OVI Thread under all other Timeshares?
 

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I have a naive question, why does this thread not get moved to the Wyndham thread?

The players here strike me as Walmart and K-Mart (neither Wyndham or WorldMark an asset to Olympic Village Inn), so why not transfer this thread over to the Wyndham thread, since this appears to this naive reader, to be a Wyndham issue...........or is it really a "Western States Timesharing" issue?

The Wyndham thread is intended to discuss issues/questions/etc related to Club Wyndham - a timeshare program. Wyndham in context of this thread is referring to Worldmark By Wyndham - the developer for Worldmark The Club.

Since Club Wyndham has no involvement with OVI - I do not see why it should be moved to that thread. I would agree that there are few posts that probably would be better served by being in the Western States forum.
 

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geist1223

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Worldmark Members are not hijacking this thread. It started as a discussion among Worldmark Members about whether or not OVI was a good addition to Worldmark. It was OVI Members that then hijacked the thread. There was already a thread in Western States about the upcoming OVI BOD Elections.
 
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