Welcome Aboard! TBMA We’re leading the way in education – resources - solutions No resort should Operate in a vacuum Special Thanks: TBMA Advisory Team Board Members Resort Managers Management Companies Exchange Companies Industry Professionals Our Sponsors You are making a difference. What every resort needs Effective governance & planning Happy dues paying owners and.. new, younger visitors Worry, fear and frustration are the results of inaction. Let’s now continue on our path of positive, forward-thinking planned action. THE PILLARS REINFORCING BOARD MEMBERS FIDUCIARY DUTIES Brian Heller – Tricom Management L E G A L A U D I T S F I N A N C I A L R E C O R D S I N S U R A N C E D I S C L O S U R E R E S E R V E S T U D Y • F U N D N O N O W N E R C O M M U N I C A T I O N S A S S S E S S M E N T R E V E N U E The Eight Pillars of Fiduciary Duties The Pillars: Are a guide for responsible board member resort management. As a fiduciary – a board member is someone who has undertaken to act for and on behalf of another with the duty to make decisions regarding financial matters on behalf of the others. The Eight Pillars of Fiduciary Duties 1. Legal: Board members should act – “Based on the advice of legal counsel…” Qualified timeshare legal counsel The Eight Pillars of Fiduciary Duties 2. Audit: Board members should – Engage a qualified CPA firm to conduct an annual audit. A firm with experience in timeshare financials The Eight Pillars of Fiduciary Duties 3. Financial Records: Should include • Operating Account (detailed) • Reserve Account (based on Reserve Study) • General Fund (if supportable) • Accrual-basis Accounting (required for Audit) The Eight Pillars of Fiduciary Duties 4. Insurance – Every Resort needs D&O policy * General Liability Policy Reviewed by an experienced timeshare insurance agent The Eight Pillars of Fiduciary Duties 5. Disclosure: Boards should provide Transparency & Disclosure; to its owners consistent with the governing documents and subject to “advice of legal counsel” The Eight Pillars of Fiduciary Duties 6. Reserve Study: Boards should Engage a qualified third party to conduct a through Reserve Study Update on an annual basis Fund it The Eight Pillars of Fiduciary Duties 7. Communications: Board members should– Establish a system of; • • • Consistent, Ongoing, Quarterly owner communication Communicate Special Situations as needed Determine the medium(s) that is connective with the ownership demographic base The Eight Pillars of Fiduciary Duties 8. Non-assessment Revenues: Board Members should - • Explore, Plan and Implement sources of non-Assessment • Rentals, Re sales, Space Rentals, Special Events • Consult with a 3rd Party Learn, Expand & Improve, You will Enjoy! being a board member.