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

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

Wow! Real names and phone numbers posted on the Internet.

I guess some folks have not been through what others of us have.

[delta916 Junior Member Find all posts View Profile Close delta916]

The board voted for the assessment and the payment terms so you can't blame Diamond Resorts International.

That would be correct if the election and board meeting were conducted correctly. Unfortunately, it appears that DRI engage in multiple improprietes including denial of owner addresses to opponents, running a DRI Vice-President's relative as an owner without disclosure of the potential conflict, and changing the number of directors claiming dubious authority. Whether or not the facts can be proved, it is clear that DRI is attempting to control the actions of the board to the detriment of the owners.

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

Two questions to be answered so DRI can be held accountable

IMHO there are two key questions that DRI will not want to answer truthfully:

(1) When did DRI and the DRI controlled Board know of the potential financial impact to the owners of the water intrustion at the Point of Poipu resort, and when did they make that disclosure public to the owners and to potential buyers?

(2) When Cleana Dean was "elected" to the Board, was the fact that she was the mother of Linda Riddle, a DRI VP, made public as part of the election process, and was there not a direct conflict of interest with her as a board member?

Judge Judy where are you ?

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

How's this going?

Any feeling for how many are going to bail?

[odaddy Gold Contributor Find all posts View Profile Close odaddy]

I can't access the video you are referring to. It's marked as private.


The board voted for the assessment and the payment terms so you can't blame Diamond Resorts International.

Your board members can call a special meeting and change the terms.

The objective should be to call the Board members and tell them what a crappy decision that they made and your owners are ticked off.

Point at Poipu Association

Woody Cheeks 907-696-2771
Jacalyn Anderson 651-486-7423 or 651-295-8252
Troy Magdos - Jason Toste - Kathy Wheeler

There was a post earlier that one of the board members in both associations may have resigned - a Diamond Resorts International employee. That would leave the boards somewhat even and the remaining board members could recall this assessment until a better plan is worked out.

I had missed this post, funny stuff, I actually have seen a puppeteer at work, the puppet is actually controlled by a real live person behind the screen. Hard to lay blame on the puppets.

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

Hmmm! A claim for directors liability should be investigated.

IMHO there are two key questions that DRI will not want to answer truthfully:

(1) When did DRI and the DRI controlled Board know of the potential financial impact to the owners of the water intrustion at the Point of Poipu resort, and when did they make that disclosure public to the owners and to potential buyers?

(2) When Cleana Dean was "elected" to the Board, was the fact that she was the mother of Linda Riddle, a DRI VP, made public as part of the election process, and was there not a direct conflict of interest with her as a board member?

Judge Judy where are you ?

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

kauai vacation rentals classifieds - craigslist

To put this into perspective, the SA (just the SA itself) is as much as it would cost for several weeks of rental of similar accomodations. As much as 10 weeks for the prudent shopper.

At what point does common sense enter the picture? When it comes to timeshare, never?

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

VOVA Board Resume

There is an election for VOVA board - so I submitted a 100 word "resume" as below:
"I am a ten-year owner of two weeks at Poipu Point and like most of you were shocked with the abrupt and heavy-handed announcement of the special assessment for water intrusion. Worse is the “snap membership forum” announced by DRI and lack of alternatives. If elected, I will focus on three things: Move the annual meeting to mainland and webcast it for as many owners to participate, make sure all of the documents about the water intrusion are made available to any owner, seek to end the role of DRI as manager of Poipu Point."

This is what DRI "permitted to go out with the ballot:
I am a ten-year owner of two weeks at Poipu Point If elected, I will focus on two things: Move the annual meeting to mainland and webcast it for as many owners to participate, make sure all of the documents about the water intrusion are made available to any owner.

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

That censorship is reprehensible. It would make Stalin blush. This shows the crying need to get the membership list so that members are not censored by a repressive and self-interested Big Brother in their electoral communications.

Has anyone sent DRI a copy of the judgment in Worldmark v. Miller where the California Supreme Court let stand a lower appellate court ruling that required Worldmark to turn over the membership list, including postal addresses and email addresses, to Worldmark timeshare members who had demanded them? These developer dictators need to get a clue! It is time for an Arab Spring in timeshare governance.

There is an election for VOVA board - so I submitted a 100 word "resume" as below:
"I am a ten-year owner of two weeks at Poipu Point and like most of you were shocked with the abrupt and heavy-handed announcement of the special assessment for water intrusion. Worse is the “snap membership forum” announced by DRI and lack of alternatives. If elected, I will focus on three things: Move the annual meeting to mainland and webcast it for as many owners to participate, make sure all of the documents about the water intrusion are made available to any owner, seek to end the role of DRI as manager of Poipu Point."

This is what DRI "permitted to go out with the ballot:
I am a ten-year owner of two weeks at Poipu Point If elected, I will focus on two things: Move the annual meeting to mainland and webcast it for as many owners to participate, make sure all of the documents about the water intrusion are made available to any owner.

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

Oop's looks like I should have done a bit more homework as I booked a week here through RCI, only 2 weeks ago, for November. Is it still going to be an operational timeshare resort by then?

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

Would they care?

I am not sure that DRI would care about a California Supreme Court case.

That censorship is reprehensible. It would make Stalin blush. This shows the crying need to get the membership list so that members are not censored by a repressive and self-interested Big Brother in their electoral communications.

Has anyone sent DRI a copy of the judgment in Worldmark v. Miller where the California Supreme Court let stand a lower appellate court ruling that required Worldmark to turn over the membership list, including postal addresses and email addresses, to Worldmark timeshare members who had demanded them? These developer dictators need to get a clue! It is time for an Arab Spring in timeshare governance.

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

Oop's looks like I should have done a bit more homework as I booked a week here through RCI, only 2 weeks ago, for November. Is it still going to be an operational timeshare resort by then?

Sure. Why not?

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

I am not sure that DRI would care about a California Supreme Court case.

A case from another state is not controlling legal authority, but it is persuasive authority in the Courts. It increases the odds of getting the same result in your state although it certainly does not guarantee that outcome.

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

A case from another state is not controlling legal authority, but it is persuasive authority in the Courts. It increases the odds of getting the same result in your state although it certainly does not guarantee that outcome.

Also, unlike Hawaii, the California Administrative Code does not specifically allow timeshares HOAs to withhold names and addresses.

So in Hawaii I think you would first need to get a ruling from the court that the Department of Real Estate has not interpreted the law correctly in adoption of regulations to implement the statute. That's a tougher battle because courts tend to grant agency deference in creating implementing regulations.

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

Also, unlike Hawaii, the California Administrative Code does not specifically allow timeshares HOAs to withhold names and addresses.

So in Hawaii I think you would first need to get a ruling from the court that the Department of Real Estate has not interpreted the law correctly in adoption of regulations to implement the statute. That's a tougher battle because courts tend to grant agency deference in creating implementing regulations.

That may vary by state, and I am not sure of the attitude of Hawaii courts. Having worked for a number of years in a position in state government that dealt heavily with administrative rules, I can tell you that the NC courts do not typically take the position you assert. Indeed, I have also seen it from the courtroom side with Superior Court judges stating explicitly in open court how little weight they gave administrative rules.

In any event, if management is allowed to act as an agent for the owner, then owners need to get the courts to enforce their obligation in the agent - principal relationship to pass on such communications intact and in a timely manner to the principal (member). Heck they might even force DRI, in effect, to pay their postage! It would serve the scoflaws right!