How Can Everyone Get Perspective?
Some of us get it. But most don’t. There’s 22,000 Embarc owners around the world, but how many of those have heard, read or even been invited to see a different perspective to that of the Manager, the Declarant, the Developer?
We get it. We know that every communication from the Board of directors does not come from a group of individuals who operate only for what is best for the 22,000 private individuals. It comes from a board that is controlled by the Declarant, the Developer, the Manager. So, we get it, us, 2,000 (ish) people on the Facebook group. All those volunteers who have spent days, months, coming up to a year of work on this, we all get it. Some other people get it too – Gretchan Morgenson gets it – she even wrote an in-depth exposé for the New York Times at the beginning of the year. (http://www.nytimes.com/2016/01/24/business/diamond-resorts-accused-of-using-hard-sell-to-push-time-shares.html?_r=0) Jacob Bercu, an owner at Tahoe Beach and Ski Club, and now a director on their board – a board that no longer has DRI management on it, gets it.
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So if we all get it, we all see the other perspectives, see that there are downsides to DRI controlling the Board. Downsides to the people awarding the contract (the Board of Directors) being controlled by DRI, awarding the contract to DRI. Downsides to DRI controlling the board, and therefore being able, whenever they choose, to change the rules by which our club is run. Why is DRI not changing its behaviour? Why, now that the ‘game is up’ – the sham is over, the gravy train that allows them to unscrupulously make money without adding value is now out in the open, why does it still go on? Surely, if you customers know they are being screwed, they’ll all leave, and you won’t have a business anymore. Except, we signed a contract in perpetuity - so leaving is not straightforward. And if we do leave (at our expense) DRI just sells our points to new people who don’t get it. Who don’t know what they are REALLY buying.
We need a way to make sure all 22,000 owners have all the perspectives. So that all owners have a chance to make up their own minds. To decide for themselves - not have us or DRI tell them what to do. We need to contact everyone on the member list.
Article 18.3 of the Master Declaration states that the member list along with all board and committee minutes shall be available for inspection by any member for a proper purpose related to his or her interest as a member.
18.3 Inspection of Books and Records. The Membership register, books of account, and minutes of meetings of the Members, of the Board of Directors and of Committees of the Board of Directors shall be made available for inspection and copying by any Member of the Club, or by his or her duly appointed representative, at any reasonable time and for a proper purpose reasonably related to his or her interest as a Member, at the office of the Club or at such other place as the Board shall prescribe. The Board may restrict the use of information from the Membership register by requiring Members to sign a written agreement not to use or allow use of Membership information for commercial or other purposes not reasonably related to the affairs of the Club. The Board shall establish reasonable rules with respect to, i) notice to be given to the custodian of the records by the Member desiring to make the inspection, ii) hours and days of the week when such an inspection may be made, and iii) payment of the cost of copying documents requested by a Member. Every Director shall have the absolute right at any reasonable time for a proper purpose to inspect all books, records, and documents of the Club and the physical properties owned or controlled by the Club.
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Two members arranged to go to the HQ of Intrawest Resort Club Group (the organisation that managed our properties, and was in the process of being sold to DRI) in V