Ka'anapali Beach Club Owner's Problem

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

3 Question DRI Will Not Answer.

There are 3 question that DRI will have to answer, either to me, to the State of Hawaii, and/or in a possibe Law Suit. My lawyer gave DRI a deadline of May 25, 2009 to answer my questions. I will be filing a complaint this week. I am a deeded owner of a Deluxe Ocean Front Unit and not a "Club" member so I do not fall under the rules of "The Club" which appears to allow DRI to do anything they want. As a Deeded Weeks Owner I feel I have a right to have answers to my questions.

Here are the questions. Do you think there are any questions here that DRI should not answer?

1) Why do they have the right to put me in an unit that was listed as an Ocean View Unit and NOT an Ocean Deluxe Unit in my Disclosure and call it an Ocean Deluxe Units now? They wanted to put me in Unit 415 which was clearly listed as an Ocean View Unit in my Disclosure.

2) Since 72% of the units are own as Deeded Weeks and no more than 35% of the Deeded Units could be sold as Fixed Weeks, it would appear than on any given week 65% of the 72% deeded weeks should be available for Float week use. According to my Disclosure, Fixed Weeks come first and then the Float Weeks reservations are filled in the order that they are received. I made my reservation and paid my MF in Jan. 2008 for my Ocean Deluxe Unit vacation reservation in Jan. 2009. This was one full year in advance. What do you think is the chance there was no Ocean Front Unit avaiilable for my reservation one full year in advance of Jan. 2009. Why didn't I get an Ocean Front Unit? Could it be because there is a power play going on between the Deeded Owners and The Club? Could it be that DRI is giving The Club members the Deeded Weeks reservations as upgrades? I don't know. I just want to know why I didn't even get an Ocean Deluxe Unit on arrival at the KBC. (To the credit of the reservation manager of KBC; KBC did put he in an Ocean Front Unit 6 days after my arrival. But had I not had a 2nd exchanged week at KBC I would have not gotten an Ocean Front Unit.)

3) And I would like to know why DRI thinks they have the right to ban me from use of my Unit.

I dare Mr. Clookbeck to post his emails to me and my lawyer dated Feb. 12 and Feb 18, 2009 on this Forum and on TUG.



Also Doug, you wrote,

" Now DRI seems to be following the letter of the contract agreement, which they believe allows for any unit with a 70% view of the ocean to be appropriate for Deluxe Ocean View.

No where in my Disclosure does it state this percentage.
EXHIBIT ''1''

UNIT TYPES AND UNITS IN THE PROGRAM

There are currently a total of 106 units in the program. There are also cunently five types of units in this Program, as follows:

One Bedroom Units:

Type 1A: Scenic View: One bedroom, with sleeping accommodations for up to four (4) and a view of the countryside.


Type 1B: Ocean View: One bedroom, with sleeping accommodation for up to four (4) and a Partial ocean view.

Type IC: Deluxe Ocean View: One bedroom, with sleeping accommodations for up to four (4) and a deluxe ocean view.

I could live with an Ocean Front Unit or a unit on pool side in the Ohana Tower as stated in my Disclosure as Ocean Deluxe Units. But units on the North Side of the building are not listed as Ocean Deluxe units in my disclosure. I don't feel I should be placed in them just because DRI thinks "The Club" rules apply to everyone.

Walt

It appears to me that DRI has said all they're going to say on the matter. Continuing dialog when they're not going to budge is a waste of their time. If I were in DRI's position, I wouldn't be answering any of your E-mails, phone calls or letters either. If you intend to persue this, it's time to either take action or leave it alone. You'll have to decide which way you need to go.

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

Walt - it will be very interesting to see how they respond.

I have one comment on your recitations - see below.

2) Since 72% of the units are own as Deeded Weeks and no more than 35% of the Deeded Units could be sold as Fixed Weeks, it would appear than on any given week 65% of the 72% deeded weeks should be available for Float week use.

This would be true if the 35% limitation were applied on a per week basis. You should check the documents closely to see how this is applied. Based on what I have seen in similar documents, I suspect that there is no seasonal or weekly restriction about how this determination.

Lacking any such restricitons, this could be met by taking the gross number of unit weeks available at the resort and ensuring that no more than 35% of that number were sold as fixed week. That is, if the resort has 100 units available for 51 weeks per year, the limit would be complied with as long as the total number of fixed week units sold were less than 1785 (i.e., less than 35% of 51*100).

Interpreted that way, the resort could be essentially sold out as fixed week during ceratin periods (such as Christmas and New Years) while still meeting the general stipulation that no more than 35% of units are sold as fixed week.

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

II Travel Demand Index

I understand what your are saying and I think it is 35% of the total with some weeks having more than 35% fixed weeks than others.

According to the II Travel Demand Index, (Which may or may not be the same as to the weeks owners bought) Week #2 (Jan. 10) is a Hawaiian Market Average week. Week #5 and Week #31 are the highest demand weeks at 130% of Average. Weeks #51 is 110% of Average and #52 is 120% of Average.

What is interesting is the Summer Weeks have the highest demand index as a season. Fall weeks until Week #51 to Week #52 are below Market Average.

Outside of Week #4 which is 90% of Market Average, Jan is near Market Average. Feb. above Average (105% to 120%). March just above Average (105%)

Walt

Walt - it will be very interesting to see how they respond.

I have one comment on your recitations - see below.

This would be true if the 35% limitation were applied on a per week basis. You should check the documents closely to see how this is applied. Based on what I have seen in similar documents, I suspect that there is no seasonal or weekly restriction about how this determination.

Lacking any such restricitons, this could be met by taking the gross number of unit weeks available at the resort and ensuring that no more than 35% of that number were sold as fixed week. That is, if the resort has 100 units available for 51 weeks per year, the limit would be complied with as long as the total number of fixed week units sold were less than 1785 (i.e., less than 35% of 51*100).

Interpreted that way, the resort could be essentially sold out as fixed week during ceratin periods (such as Christmas and New Years) while still meeting the general stipulation that no more than 35% of units are sold as fixed week.

[Karilynn57 Junior Member Find all posts View Profile Close Karilynn57]

[I]Sunterra, the former developer of this resort, never seems to have actually issued a deed with the words "ocean front."

Precisely my point.........I read deeds all day long and I've yet to read one with Ocean Front.......A couple months ago a couple owning 14 weeks at a Kona resort, were splitting up their weeks post divorce. Since the resort was built they always stayed in the same unit - for 14 weeks. He was on the Board.

When I got a hold of their deeds, and notified them that the unit they OWNED (by way of deeds) was not the unit they said they stayed in every year for 14 weeks.

Needless to say, they were irate and were referred back to the resort. The resort basically told them 'too bad'---this is the unit you bought--which sadly had a view of a roof top.

I don't know how far they took this but I wouldn't be surprised if nothing has been done.

Sales people will say anything to buyers...A-N-Y-T-H-I--N-G.

good luck.

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

That is True!

[I]Sunterra, the former developer of this resort, never seems to have actually issued a deed with the words "ocean front."

That Statement is True!

Since you seem to be in the timeshare business, how would you defind;

Ocean View:

Ocean Deluxe View:

This is What my Disclosure States.

EXHIBIT ''1''

UNIT TYPES AND UNITS IN THE PROGRAM

There are currently a total of 106 units in the program. There are also currently five types of units in this Program, as follows:

One Bedroom Units:

Type 1A: Scenic View: One bedroom, with sleeping accommodations for up to four (4) and a view of the countryside.


Type 1B: Ocean View: One bedroom, with sleeping accommodation for up to four (4) and a Partial ocean view. What Does This Mean?

Type IC: Deluxe Ocean View: One bedroom, with sleeping accommodations for up to four (4) and a deluxe ocean view. What Does This Mean?

According to my Deeded Float Week I own week 51, Unit 611. This is an Ocean Front Unit and Week 51 would be a prime week. I should be getting a like unit when I use my week.

I understand that this assignment is for recording reason only.

But do you think if they listed the unit as unit 415 on my Deed (which according to my Disclosure is an Ocean View Unit), would I have still have bought what I thought was an Ocean Front Unit?

Sun Terra honored my use of an Ocean FRONT unit in 2002, 2003, 2005, and 2007. I had no problem get an Ocean Front Unit In Jan. and even the first week in Feb. during the years listed above.

It is only since DRI took over did I have a problem. This is the only thing that changed. I asked for an Ocean Front Unit in Jan. in 2009 just like I did in the other years.

According to my Disclosure Unit #415 is an Ocean View. According to my Deed I bought an Ocean Deluxe View. And according to DRI records I own an Ocean Deluxe View. So Why did they try to put me in Unit #415?

I am not the only Deeded Float Weeks Owner that thought they bought an Ocean Front Unit at KBC. Even the 2 Owners that are on the KBC Board thought they bought an Ocean Front Unit.

Were we Misled by Sun Terra (They honored giving me an Ocean Front) or is DRI putting pressure on the Deeded Owners to join The Club for $19,000 to $33,000? Do you really think I didn't understand what I was buying?

You tell me.

Walt

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

UpDate On This Subject.

With the help of my lawyer: DRI, to their credit, has answered all of my questions to my satisfaction.

Walt

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

Don't leave us hanging

You can't tease us like that. So do you have ocean front going forward? No more check-in problems?

[d0ugie_fresh Member Find all posts View Profile Close d0ugie_fresh]

Great news!

You can't tease us like that. So do you have ocean front going forward? No more check-in problems?

I'd also like to know the answers to your questions. Are they secret?

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

No Secret

I'd also like to know the answers to your questions. Are they secret?

I now have a letter that states that I own an Ocean Deluxe View one bedroom unit which is deeded. (A type IC Unit.) That the vacation ownership is exactly the same as what was sold to me in 2001. That I an entitled to book one of the Deluxe Ocean View units as listed in my Disclosure document that I got at the time of purchase, or an equivalent unit, every time I book at the KBC. This would mean that I will not get a North Side Unit as an Ocean Deluxe Unit. Like the Unit #415 which was given to me upon check in. My Disclosure states unit #415 is an Ocean View unit.

I still could get a pool side unit in the Ohana Tower. I could live with this.

Was I, and other, sold a Ocean Front Unit. The answer is Yes. But the Disclosure states I bought an Ocean Deluxe Unit. And that is what I have to live with unless the KBC BOD owner representative are able to prove otherwise.

I need to get my reservations 12 months out and ask for Ocean Front. Since I like going the 2nd week of Jan. to the 2 week in Feb., the chances are good that I can get an Ocean Front Unit 12 months out.

And I have an email saying I was not ban from use.

Walt

[Laura0882 Junior Member Find all posts View Profile Close Laura0882]

Week and Room #

If you made a reservation for Week 51, Room 611 would they have to honor your request? How far in advance do you have to call?

[taffy19 Gold Contributor Find all posts View Profile Close taffy19]

Walt, I am glad that it worked out for you and I hope you'll get your favorite oceanfront units from now on. Personally, I still like the idea of a fixed unit and fixed week. No worries ever about making reservations at your home resort plus you can exchange just the same as everyone else but it will always cost a fee as for example with the Marriott. Peace of mind alone is worth that extra fee.

Timeshare buyers were brainwashed by the developer that floating weeks are more flexible. They are flexible but the real reason is that it is easier for the developer to sell all the less desirable weeks and units. It is to their advantage mainly!

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

KBC owners can sit on their thumbs or get involved

I'm glad Walt took DRI to task. It seems like legal action appears to be the best remedy with DRI. You can never get the same answer twice from the DRI employees ( except for the resort employees who I think are doing a great job having to follow Diamonds BS).

Two Things:

Number One : kbcowners.com is up and running for KBC owners.
Bill Burns website has been taken over by Diamond and directs you to their page

Number Two: Please help us get in touch with Bill Burns so we can continue where he left off.

Poipu Point also has a website for owners Poipuowners.org