$5,893.32 special assessment for Diamond's Point at Poipu

[MadOwner Junior Member Find all posts View Profile Close MadOwner]

Yes a matter of public record but the only info available is name. I assume if we were willing to pay $10-$20 for every file, we may get that info. Doesn't seem like a strong possibility. Anyone local?

[bigfrank Administrator Find all posts View Profile Close bigfrank]

When I heard about this special assessment I about flipped.

If anyone is looking to get out of this. Give me a call.

We help people get out of unwanted timeshares. Email me or give me a call to set up a 20 min phone appointment. Offer only lasts until the end of the month. After that, there isnt alot we can do.

Hope to hear from you!!

Ed

Is there a charge for your services?

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

Yes a matter of public record but the only info available is name. I assume if we were willing to pay $10-$20 for every file, we may get that info. Doesn't seem like a strong possibility. Anyone local?

really, just names?

You can't pull up the document?

You can't pull up tax records?

For Florida, again as an example, you can see every owner of every property, with their home mailing address.

[skawt1983 Junior Member Find all posts View Profile Close skawt1983]

Get Rid of your Poipu resort before you have to pay this....

If you would like help getting out of your timeshare contract contact me via email at XXXXXXXXXXXXXXX and I can go over our program. We can only do this through Oct. 31st and after that we will not be accepting this resort anymore. Good luck for all owners as this 6k special assestment as we all know is an outrage. We do not require any upfront fees and we are not a re-sale company for timeshares. We releive you the same day from your contract and any responsibilities. Thank You and good luck

[bigfrank Administrator Find all posts View Profile Close bigfrank]

When I heard about this special assessment I about flipped.

If anyone is looking to get out of this. Give me a call..

We help people get out of unwanted timeshares. Email me or give me a call to set up a 20 min phone appointment. Offer only lasts until the end of the month. After that, there isnt alot we can do.

Hope to hear from you!!

Ed

If you would like help getting out of your timeshare contract contact me via email at XXXXXXXXXXXXXXX and I can go over our program. We can only do this through Oct. 31st and after that we will not be accepting this resort anymore. Good luck for all owners as this 6k special assestment as we all know is an outrage. We do not require any upfront fees and we are not a re-sale company for timeshares. We releive you the same day from your contract and any responsibilities. Thank You and good luck

I was about to let one post pass but then you send another worker here to post for free ads well lets just say it will not happen again. Your posts were both edited and you both have receieved an infraction. 1 more add and your all gone. Do your selves a favor do not try sending 1 more.


Members please look here http://www.timeshareforums.com/forum...companies.html

[island77 Junior Member Find all posts View Profile Close island77]

Special Poipu assessment - options and actions??

I am an every week owner and got hit with the $5983 also. The paperwork says the problem is due to "water envelope technology" materials used when the resort was originally built that failed. The "water envelope" technology did not work as it was supposed to. This should mean a lawsuit against the original builder, and I have heard of that happening with siding in a condo complex in Seattle. The paperwork says the "board" voted not to pursue legal action against the builder because of "the expense and time involved." Well for $65 million dollars, I think it is well worth pursuing a lawsuit against the builder or whoever sold the builder this "water envelope technology." To me, a proper legal action would be the owners coming together and somehow forcing the board to reverse itself and pursue this legal option. If you built a $65 million home, would you just eat the cost and rebuilt if the building materials that were "state of the art water envelope technology" failed? No. They are just trying to take a fast way out.

I called the resort and wanted to surrender my unit. It is fully paid for and I have already paid my 2012 maintenance fees and deposited the week into RCI. They said I couldn't. surrender. They said I would have to pay the $6000 to even transfer ownership privately now that is has been assessed. Apparently if you are a deeded owner (not points), and you don't pay, they will go after you for fines, delinquent fees, collection agency costs, lawyer fees, and foreclosure legal fees. This could be the beginning of a very bad legal nightmare. Even if you don't care about your credit, you could be hassled into eternity.

My concern is that if I pay this fee, it will only be the beginning. As other people default I think they will do more assessments because the costs are shared between fewer people. There is an organization for owners that we, as owners, need to get active again. It is the website: CDOPP Home Page

Nothing has been posted on there about this - let's get this website going again and active. I emailed the person listed as president. If enough people contact them, we could get owner names put together and pursue some legal action. I am also contacting attorneys privately because I don't want to wait for a class action suit.

I would do anything to just walk away from my unit. At this point, I think even paying the fee and then selling would be difficult because of Diamond's reputation. Whoever posted the "I will get you out of this" ad - feel free to contact me by email. There is one similar organization I talked to that has had so many calls about Poipu that they are hosting multiple webcast sessions a day to give iinformation and answer questions. I am registered for one at 4 pm tomorrow.

More on Diamond Resorts. When Diamond took over we were heavily pressured to convert from weeks to points. We attended an informational session to learn more. We chose not to convert, because they said with the point level we would be at, we could not get an oceanfront unit. They offered to sell us more points so we could reserve oceanfront. It did not make sense to convert, when we could get oceanfront now as a deeded owner if we reserved in advance (and were guaranteed that when we bought). Even just last April we still got an oceanfront unit when we reserved well ahead. When we declined the offer to convert to points we were actually yelled at by the sales rep who got extremely upset, and kept ranting and saying "You sure are hung up on oceanfront!" She got so upset she actually left the table we were at after yelling at us. Another manager type had heard her yelling and came over and tried to smooth things over, but we will never forget it. Talk about high pressure tactics. Now I wish we had converted, beause apparently if you have points you can surrender your unit because it is not deeded.

Anyway, I don't believe this is a "normal" assessment. In any condo you were part of, you would have more power to vote on things than we do. The owner controls the board and the everyday members have no power. This assessment is equivalent to $312,0000 per unit when multiplied by 52 weeks.

LB

[T. R. Oglodyte Moderator Find all posts View Profile Close T. R. Oglodyte]

I am an every week owner and got hit with the $5983 also. The paperwork says the problem is due to "water envelope technology" materials used when the resort was originally built that failed. The "water envelope" technology did not work as it was supposed to. This should mean a lawsuit against the original builder, and I have heard of that happening with siding in a condo complex in Seattle. The paperwork says the "board" voted not to pursue legal action against the builder because of "the expense and time involved." Well for $65 million dollars, I think it is well worth pursuing a lawsuit against the builder or whoever sold the builder this "water envelope technology." To me, a proper legal action would be the owners coming together and somehow forcing the board to reverse itself and pursue this legal option. If you built a $65 million home, would you just eat the cost and rebuilt if the building materials that were "state of the art water envelope technology" failed? No. They are just trying to take a fast way out.

You might think that it's well worth pursuing, but take a step back and consider that the Board would have certainly pursued that if it were a realistic option. You can assume that they are complete idiots and morons and it's a wonder that they can even put on a matched pair of socks in the morning. Or you can entertain the notion that perhaps they are people of at least normal intelligence and any ideas that might occur to you and I might have also occurred to them. In my 60+ years of life, when confronted with those two options, I've found that the second is almost invariably closer to reality.

And, if you read the materials provided you will find that the Board did consider legal action, and realized it was not feasible because you at this point in time you can't sue the builder. Hawaii, like 48 of the 50 states, happens to have a statute of repose that strictly bars lawsuits against builders after a certain period from completion of construction. Hawaii's statute of repose runs for ten years, which is actually more generous to owners than most states in that regard.

Similar consideration applies with insurance coverage, where the board was commencing litigation against the insurer before dropping the action on advice of counsel. In my experience attorneys are generally chomping at the bit to litigate something; after all that's how they make money. When a knowledgeable attorney tells you that you don't have a case and it's not worth hiring him to to take on the case, that's worth serious consideration.

Although I haven't seen the policies the resort has I would be surprised if they weren't like my personal homeowners policy (and probably yours as well), which provides coverage against sudden and accidental events (earthquakes, floods, hurricanes, and other acts of God types of events) and specifically excludes gradual types of events.

For example, your homeowners policy will likely provide coverage in case your roof blows off during a rainstorm. It probably won't cover you if part of your foundation is below ground, causing your sills, sheathing, and stud walls to rot over a period of ten to twenty years.

[island77 Junior Member Find all posts View Profile Close island77]

Legalities...

You may be right about the lack of legal options for suing the builder. I question however, how they can collect $65 million up front for a project that is edtimated to take 5 years. Even with the payment plan, they are asking fir 33 percent in year one. The cost should be spread over the construction period - or at least 4 years for paying ahead. How much interest do you think they will make from the money they collect in year one? And you cannot even reserve ahead for 2013 unless you pay the $2K for that year. They get that money a year ahead of time. We always pay and reserve a year ahead. That would be 66 percent of a 5 year project being paid next January.

I am not a lawyer but I plan to get one. I want to find out if it is true that they can prevent you from selling unless you pay the whole $6k first. You can sell if you haven't paid off your unit, so that does not make sense to me. Although who would buy it with that assessment hanging over them?

At this point I think the best option is to engage a private lawyer to help you walk away. Even if that involves paying the $6k and lawyers fees. Best case is paying the first year of $2k and walking away. But I think staying in this resort will result in a long downward slide that gets worse and more expensive every year. Between defaults and unavsilability of units for rentsl during the repair period, costs are going to continue to grow. Maybe that is what they hope we will do so they can get all that money and get the units back - as someone else suggested. Diamond has a very bad reputation among lawyers, I am finding. And I just started researching today.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

This sounds like a PCC, which are big cons. They will end up wantiong as much from you as this SA.

When I heard about this special assessment I about flipped.

If anyone is looking to get out of this. Give me a call..

We help people get out of unwanted timeshares. Email me or give me a call to set up a 20 min phone appointment. Offer only lasts until the end of the month. After that, there isnt alot we can do.

Hope to hear from you!!

Ed

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

The MO is clear, and you clearly are one of those scamming PCC's. You will charge your victims nearly as much as this SA, and then they will no longer have a timeshare to enjoy. Yes the SA is an outrage, but scammers like you are a bigger outrage.

If you would like help getting out of your timeshare contract contact me via email at XXXXXXXXXXXXXXX and I can go over our program. We can only do this through Oct. 31st and after that we will not be accepting this resort anymore. Good luck for all owners as this 6k special assestment as we all know is an outrage. We do not require any upfront fees and we are not a re-sale company for timeshares. We releive you the same day from your contract and any responsibilities. Thank You and good luck

[T. R. Oglodyte Moderator Find all posts View Profile Close T. R. Oglodyte]

You may be right about the lack of legal options for suing the builder. I question however, how they can collect $65 million up front for a project that is edtimated to take 5 years. Even with the payment plan, they are asking fir 33 percent in year one. The cost should be spread over the construction period - or at least 4 years for paying ahead. How much interest do you think they will make from the money they collect in year one? And you cannot even reserve ahead for 2013 unless you pay the $2K for that year. They get that money a year ahead of time. We always pay and reserve a year ahead. That would be 66 percent of a 5 year project being paid next January.

I am not a lawyer but I plan to get one. I want to find out if it is true that they can prevent you from selling unless you pay the whole $6k first. You can sell if you haven't paid off your unit, so that does not make sense to me. Although who would buy it with that assessment hanging over them?

At this point I think the best option is to engage a private lawyer to help you walk away. Even if that involves paying the $6k and lawyers fees. Best case is paying the first year of $2k and walking away. But I think staying in this resort will result in a long downward slide that gets worse and more expensive every year. Between defaults and unavsilability of units for rentsl during the repair period, costs are going to continue to grow. Maybe that is what they hope we will do so they can get all that money and get the units back - as someone else suggested. Diamond has a very bad reputation among lawyers, I am finding. And I just started researching today.

Actually the payment does extend out over more than three years. People who own multiple weeks get their payments stretched out over a longer period. The project is still front-end loaded, as it needs to be, but it's not entirely pain in in over the first three. Actually given the project schedule that they've proposed, the timing of the payments doesn't seem unreasonable to me.

There certainly are some significant issues that are unexplained or troublesome about the situation and the proposed project. But IMHO, the decisions about not litigating with the builder or the insurer and the timing of collections for this project are not among them.

Frankly my biggest question personally has to do completing the project in five years as proposed, since that is what drives the annual assessments so high.

I also hope this spurs enough of the 90% of owners who historically haven't bothered to proxy to care enough about their vote to elect someone other than DRI's puppets to the Board. That may be the biggest good that can come out of this mess. I do confess to a bit of frustration about all of these people who have suddenly come out of the woodwork complaining about mismanagement when it's likely that most of them either historically haven't proxied or if they have, have signed their proxies to the existing board.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

It is required under corporate law, as the HOA is a non-profit corporation. The AG's office is unlikely to enforce this themselves against a dictatorial scofwlaw like DRI. The ''protecting privacy'' argument is absolute garbage. What this is really about is maintaining a developer dictatorship in the HOA.

There is a way to enforce it, but it will require getting a Hawaii attorney and going to court. If you have one of the homeowners who is a Hawaii attorney, their threat to go to court may be enough to force these DRI tyrants to back down. In some states, you may be able to recover your legal costs for having to go to court. In North Carolina, for example, you can do that by including an Unfair Business Practices count.

On the OBX, a shady management company once tried this same routine using the same excuse, but one of the Concerned Owners leaders was an NC lawyer, and he simply gave them a deadline to either produce the list or they would be in court. He also said he would proceed under the Unfair Business Practices statute and would also seek injunctive relief to shut down the election of new directors until management complied with the law and turned over the list.

Renegade outfits like DRI who thumb their nose at the law which protects homeowner democracy are a disgrace to timesharing, but they are not the only scoflaws out there on this subject. This is a huge red flag and I would never, never, never buy at a resort controlled by a devloper, and especially not at one controlled by an anti-democratic developer like DRI.

DRI will NOT release the owner's names. This has been sought after by many and a group went to the Attorney General's Office who stated that while it is required, there is no way to enforce it. They told me that they had to protect the owner's personal contact info. Seems like just a great way to keep themselves in power!

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

For those thinking of bailing out, this post on another site might be interesting:

Diamond resorts allowing any member to leave if they want to, - Timesharetalk

[timeos2 Senior Member Find all posts View Profile Close timeos2]

I am an every week owner and got hit with the $5983 also. The paperwork says the problem is due to "water envelope technology" materials used when the resort was originally built that failed. The "water envelope" technology did not work as it was supposed to. This should mean a lawsuit against the original builder, and I have heard of that happening with siding in a condo complex in Seattle. The paperwork says the "board" voted not to pursue legal action against the builder because of "the expense and time involved." Well for $65 million dollars, I think it is well worth pursuing a lawsuit against the builder or whoever sold the builder this "water envelope technology." To me, a proper legal action would be the owners coming together and somehow forcing the board to reverse itself and pursue this legal option. If you built a $65 million home, would you just eat the cost and rebuilt if the building materials that were "state of the art water envelope technology" failed? No. They are just trying to take a fast way out.

What is so tough to understand - things wear out, somethings don't last as long as expected & yes materials outright fail. Nothing is guaranteed forever. Sometimes there is no one else to pay except those that derive the value from the item.

It wouldn't be a lawsuit instead of $65 million in repair's - it would be $65 million PLUS the high cost of a likely failure of a lawsuit. The Board is doing what they have to. Act to protect the resort for the owners they represent. Sure its a blow but thats life. Assume you have to pay what you owe by your agreed ownership you've enjoyed & hopefully will continue to enjoy. Its time to stop looking for someone else to blame or to have them pay. Get over it.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

Since a couple of PCC's have posted here trollling for clients, it is important for owners to understand what a PCC is and how it operates. PCC is an abbreviation for Post Card Company, a term based on the way these outfits started soliciting business.

PCC's often imply in the beginning that they are going to buy someone's timeshare, but the gist of their business is that you pay them ~$4,000 per week to take your timeshare out of your name. How, exactly do they do this? Some of them get the owner to sign a POA giving the PCC the right to convey their timeshare. All too often, the timeshare owner down the road finds that the PCC never used the POA to convey anything and the timeshare is still legally in the original owners name.

The more common approach now is to deed the timeshare to an LLC which has no other assets than timeshare weeks deeded to it. Sometimes there is an intervening step in the deeding, but usually not. A PCC usually has multiple LLC's going for this purpose at the same time, with names like (and these are actual ones) Van Drivers Consulting LLC and Ludders Wine LLC. The deed goes into this entity. Whatever weeks they can sell, they do so and deed those out of the LLC. Eventually, they just cut the LLC adrift with whatever unsellable weeks left are in it. This situation often takes extra effort and expense for the HOA's to foreclose for non-payment of m/f's. Those who ultimately end up holding the bag are the remaining owners at your resort who have to absorb this expense.

Anyone tempted by this scam should be aware of growing pushback by HOA's and management companies. A recent issue of Timesharing Today magazine had an article about several major timeshare management companies which were gearing up to start suing their members who participated in the PCC scams for fraudulent conveyance. Then the timeshare owner who used the PCC scam would end up still owning the timeshare and owing by now larger fees and also be out the ~$4,000 he paid the PCC.

If DRI is smart, and indeed if they are competent managers, they will do exactly this to anyone using the PCC's to try to dump their timeshare weeks. That is especially true with the amount of money involved in this situation.

PCC's are not reliable exit strategies.