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

[tonyg Goomba & Super Moderator Find all posts View Profile Close tonyg]

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

They allowed me to resubmit

DRI allowed me to resubmit my qualifications to run for the board - with no editorializing of my "platform"

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.

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

DRI allowed me to resubmit my qualifications to run for the board - with no editorializing of my "platform"

Hooray!!!!!! Thanks for sharing.

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

Great. I am sure they are monitoring this board. Their lawyers probably comprehended that the damage their actions would do to their attempt to defend their illegal actions in denying the lists far outweighed any harm that allowing you the freedom speech you deserve posed to them.

I strongly suspect that if you had never posted here, the censorship would have stuck.

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

Great. I am sure they are monitoring this board. Their lawyers probably comprehended that the damage their actions would do to their attempt to defend their illegal actions in denying the lists far outweighed any harm that allowing you the freedom speech you deserve posed to them.

I strongly suspect that if you had never posted here, the censorship would have stuck.

Yep. I think it's likely that the person monitoring the Board here is in a different position inside DRI that is more sensitive to potential liabilities.

*******

Also, as the Miller vs. Worldmark case has often been mentioned, each case often turns on its own facts. And in the Worldmark case the behavior was particularly egregious. Their "generous" offer to have a snail mailing done by a third party probably scuttled their case, as they simply set themselves up for a quite effective argument that their alternative was not at all reasonable. Their deliberate obstructionism to cause deadlines for notice to be missed was patent. And then the collusive court ruling in Florida!!!

They left themselves wide open for a judge to have no sympathy, which they didn't get. Either a case of very bad lawyering, or a client who refused to listen to what counsel was saying an insisted that the lawyer prepare and implement an ill-fated course of action.

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

the lawyer prepare and implement an ill-fated course of action.

Oh . . . my (former) lawyer.

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

New Bill From DRI

So now DRI wants to collect an additional $1,000 for the odd year water intrusion fee. After sending them $2353.32 in December for the even year water fee and assessment - they claim I am past due because I owe $1,000 for the odd year water fee (2013?). Man - that one-week stay in Hawaii is getting expensive. By my rough calculation - that's $479 a night! You could get a pretty nice hotel for that! And on top of that - they didn't even mail it or post it on their website - I was only informed when I was told I couldn't run for board because I was past due for 2013!

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

Man - that one-week stay in Hawaii is getting expensive. By my rough calculation - that's $479 a night! You could get a pretty nice hotel for that!

Post # 292.

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

the lawyer prepare and implement an ill-fated course of action.

Oh . . . my (former) lawyer.

Thinking of some situations I've been in where a quite reasonable and competent attorney is giving good advice to our client, and the client won't accept any of it. The client announces that he has no interest in pursuing that course of action and demands that attorney follow another course - usually that means continuing to litigate (and run up even larger fees for the attorney and my firm) when the case really isn't that strong.

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

Thinking of some situations I've been in where a quite reasonable and competent attorney is giving good advice to our client, and the client won't accept any of it. The client announces that he has no interest in pursuing that course of action and demands that attorney follow another course - usually that means continuing to litigate (and run up even larger fees for the attorney and my firm) when the case really isn't that strong.

Sometimes attorneys don't listen to their clients. No one knows the specifics of a case better than the parties involved, the plaintiff and the defendant. Unless the attorney listens to the client, they don't know how to proceed or prepare.

In my case, our attorney was having some serious legal probelms of his own, the extent of which he failed to reveal. He asked us to intervene in them, an ethics violation.

Over the course of a year, he never did let me fully explain our case, always cutting me off, scolding me in front of my wife, telling me not to micromanage him, telling me just to shut up and let him do his job. He said we would never go to trial.

Then, he asked me to prepare for trial , and we met two days before. I started to present the 23 points I thought the plaintiff would present. He cut me off after three or four, yelled at me, called me paranoid, etc., but I left him all my preparations in writing. I had linen up expert witnesses, ones actually directly involved in the case.

In court, the plaintiff presented the exact 23 points I had outlined, mostly lies that my witnesses could prove were lies.

Our attorney asked for a recess.

We stepped outside and he said to me, "I am so sorry!" Because he had not prepared anything, he said, "They (the court) are going to nail you for as much as they can. I need to see if we can still settle (for the amount I had already agreed with the plaintiff to settle for and that the attorney had undone.)"

We never presented any of my side. The expert witnesses never testified. The attorney never finished the case, never showed up for a final hearing.
He billed me $6000.

I was one step away from bringing him up before the state board.

All water (intrusion) under the bridge.

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

Sometimes attorneys don't listen to their clients. No one knows the specifics of a case better than the parties involved, the plaintiff and the defendant. Unless the attorney listens to the client, they don't know how to proceed or prepare.
...

No question about that. That's the first and most important factor I listen for when I'm in a situation with an attorney. In my mind, the first mandatory hurdle the attorney needs to surmount is to be able to repeat back the situation to the client in the attorneys own words and have the client agree that the attorney's understanding is full and complete.

Until the attorney can do that, it's too early for the attorney to start dispensing advice.

[Brogers92026 Member Find all posts View Profile Close Brogers92026]

That may vary by state, and I am not sure of the attitude of Hawaii courts.

I am not a Diamond owner but am with Consolidated with a timeshare on Maui. We have a very similar situation with the mgmt company putting their own people on the board and basically refusing to provide names and legitimate addresses to outside candidates. But Consolidated (CRM) is a Nevada corporation. I'm not sure if the Vacation Club is a Hawaii or Nevada corporation.

I am wondering, if in the case of filing a lawsuit, if the case could be filed in Nevada rather than Hawaii. Anyone with a legal background who could opine?

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

we feel incredibly stupid and duped. They will not get another cent out of us. The costs they've assessed for this whole 'project' are completely unreasonable and the additional charges will never end. Water damage is like a cancer and unless they demolish the buildings and start over it will continue to give them reason to issue these 'special assessments'. Water deteriorates EVERYTHING and what else will be found wasn't up to code when they start peeling back the layers. The best thing everyone could have done was refuse to pay!!!

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

unless they demolish the buildings and start over it will continue to give them reason to issue these 'special assessments'.

It seems like someone suggested that way up yonder in this thread.

Actually, the suggestion was to determine how many owners want to continue owning at PP, bulldoze what's there, and rebuild only as much as is needed for owners wanting to stay, plus what the developer wants for selling, with them paying that portion.

Rebuild it as state of the art, rather than an expensive cobbled fix.

It seems like there would be whatever number of owners wanting to do that, and it would be cooperative rather than hateful and combative.

Why does everything in timeshare have to be onerous, threatening, etc. to the owners?

If the work has not started yet, it is not too late to do this.

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

It would be so great to have one of the major news networks do a story on the cost of this, it would be pure entertainment watching the spin.