Board of Directors

When we bought out units, we got deeds with County registration stamps on them. There must be a public record of these transactions someplace.

I am not where I can access the paperwork this week, but will check as soon as I can.

Hawaii Bureau of Conveyances would have those records.

This is what I have from a legal document dating back to 2005 which includes the document numbers:

--LP

=== Condominium Project known as “POIPU POINT”, established by the Declaration of Condominium Property Regime of Poipu Point dated January 19, 1994, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 94-047021, as amended, and as shown on Condominium Map No. 2009. === Said Declaration of Condominium Property Regime was amended by instrument dated May 26, 1994, recorded on May 27, 1994 at said Bureau as Document No. 94-090495, Second Amendment to Declaration of Condominium Property Regime of Poipu Pointe dated May 5, 1995, recorded May 16, 1995 at said Bureau as Document No. 95-065205, by Third Amendment to Declaration of Condominium Property Regime of Poipu Pointe dated May 25, 1995, recorded May 30, 1995 at said Bureau as Document No. 95-071382, and by Fourth Amendment to Declaration of Condominium Property Regime of Poipu Pointe dated December 30, 1996, recorded January 7, 1997 at said Bureau as Document No. 97-003148 (as amended, the “Condominium Declaration”).

24. By-laws of the Association of Apartment Owners of the Pointe at Poipu dated January 19, 1994, recorded on May 17, 1994 at said Bureau as Document No. 94-047022. Said By-laws were amended by instrument dated May 3, 1995, recorded May 16, 1995 as Document No. 95-065206 at said Bureau.

25. Poipu Point Vacation Ownership Program Declaration of Covenants, Conditions and Restrictions dated May 25, 1995, recorded on May 26, 1995 at said Bureau as Document No. 95-070527. Amended and recorded June 13, 1995 as Document No. 95-077344. Said Declaration was further amended by instrument dated June 16, 1995, recorded June 23, 1995 as Document No. 95-082776 at said Bureau.

We also have two recorded documents: Warrenty Deed and Special Power of Attorney for our timeshare purchase in 2004. I called County of Hawaii and they only list Poipu Resort Partners, LP as the owner; they have no list of timeshare owners. You can check it out at: www.kauaipropertytax.com by using ID # 280210010075. It also shows that our property taxes have remained very consistent for 4 years now. I tried the Bureau of Conveyances, State of Hawaii and left them an e-mail. Go to: http://hawaii.gov/dlnr/divisions and you will see their contact info. Unfortunately, the list could be very expensive at $1 per recording to get it on a DVD. What might we estimate for all the timeshare sales, $30,000+?

Very interesting is article 19 of the Special POA document. It says that Poipu (I assume Diamond today) has the right "to appoint one director to the Board as long as Poipu continues to own an Ownership Interest in the Program." So how can they legally try to fill more Director positions with their own employees?

Also, interesting is that the Program dissolves on Decemer 31, 2015. That is only 6 years away, so I assume that Diamond will aggressively try to get a majority ownership before then to maintain control the property.

If anyone is going to the Board meeting, I'd sure like to know why Diamond is ignoring the intent of article 19 in our contracts.

They have effective majority ownership now since they vote the units they own (and in the trust) as a block and we have no organization. The other interesting thing that happens in 2015 is that they loose the right of first refusal and the market for re-sales becomes totally open.

Yesterday, I sent an e-mail to the general manager at Poipu, Christopher Gampon. I asked him several questions. One is "How many of the 10 Board positions are currently occupied by Diamond employees?" I also asked for a current copy of the By-laws. I'll let you know, if I get a response.

Today, I received a return phone call from the Bureau of Conveyances. The DVDs are just lists of all document numbers they file each day. It would take forever to sort through all the documents. For sure, the Bureau is not the way to go to get a list of current timeshare owners. The Bureau recommends that we ask Diamond. Ouch!

I agree with your complaints about Diamond Resorts having too much representation on the Board - and also am appalled at how our maintenance payments are going up (am paying in Canadian dollars to make it worse!). Would be happy to add my name to any action you take to change things. Pat. D.

I voted for Robert Halems, because we need to band together and he says that he is not affiliated with Diamond. If Mr Halems goes to the Board meeting next week, I'd like him to ask the Board to ask all the owners if they would favor converting this resort to a point system. Even though we all bought weeks, I don't believe there is any reason why the VOA Resort owners (the majority of us) couldn't operate on a point system. This would enable better trading opportunities in RCI and other exchanges, and would allow all of us to come any day of the week and stay for as many points as we have and would like to use. Why pay Diamond thousands of dollars and be limited to their few resorts?

My experience with the Points System is that you need to reserve your space in Kauai at least 1 year in advance to be certain of your reservation... If you are unable to plan that far in advance, your points are worthless if you want to visit the Island... I think maybe if we can get an organization together so that you with Fixed Weeks would trade those weeks for those of us with Points, we can accomplish what you suggest... Diamond Resorts is trying to gain control of more weeks from the old system of Fixed Weeks, but they want to charge you @$ 8,000 for that privilige, but it only helps those wishing to exchange for other locations around the world... I am going to be at the meeting Feb 20 at the Grand Hyatt... I am not happy with the management of Diamond Resorts or their manner of representation or calculation of the annual fee's... They are not trying to manage the Resort for the benefit of their members but for the benefit of their management... By stacking the Board with members who are affiliated with the management they continue to raise our costs and their benefits... Call me if you have questions to ask.. Michael at 503 643 9816 as I am leaving 2/18.. Or email me at migueldd45@aol.com

We have voted for Robert Helms as well, mainly because of reading these posts certainly not because of his bio on the voting sheet. We are fed up as well with the condition of the resort given our maintenance fee. But I would not want to convert to points. That is another rip off from the owners of all resorts. My sisters resort converted to points and now she has to buy more points to be able to get into gold level resorts (which her timeshare was originally). Management just keeps raising the number of points needed to get into the better resorts. But Red Weeks has a solution for week holders. If you get a week assigned at your resort, Redweeks will convert its value, based on time and location to points for you. And then let you spend the points in there system. This gives you some added flexibility. I would ask those who are actually going to the meeting to post the results for those of us still in the snow.

Thank you all for your comments. There is a second forum going in Redweek under "rants". I posted a message there, suggesting those people look at this "Board of Directors" forum. I too hope that those attending the Annual Meeting for Point of Poipu (at the Hyatt this year) will share the highlights with the rest of us.

We just voted online after a lengthy phone conversation with the GM Chris Gampon. The meeting is being held at the Hyatt because we don't have anywhere on property to accommadate the expected crowd. The GM said 100 people attended last year. He said the Hyatt 's price was most reasonable. We own five traditional weeks, visit every year, and haven't been favorably impressed since Diamond has gotten involved. Thanks for running, Robert Halem--we voted for you for VOA

Many thanks to all who have expressed support. Now we just have to hope that enough people know about and read this forum.

Here it is.... I was at the Board of Directors meeting this afternoon at the Grand Hyatt Kauai... The meeting began after an informal get together in the Grand Hyatt Ballroom where I had the oppurtunity to taalk with Diamond Resorts new Vice President Shaun Erickson of there Resort Operations... He was a nice person and ndid take an interest in my problewm with the manner of which the sales personel misrepresented the product they where selling... Beyond my singular problem with DiAMOND RESORTS, the actual Board meetingh was rather bland... There were many members there who were to put it mildly, upset with Diamond Resorts management for maany reasons, among them the rising annual costs and a bit more with the way management seemd to dismiss the concerns of the general membership, ie the Board and its conflicts of interest. The Board Meeting ended with not much discussion of those issues, as the format was designed to keep those issues off of the annual minutes of the meeting.. But then the discussion was opened to Q & A.... Fireworks, almost a unanimous upwelming of dissatisfaction and conflict with the manner in which this Board Meeting was held... The Conflict of Interest that seemed apparent to the attendees boiled over when one member started to challenge the makeup of the board. The manner in which they were presented and elected the new board member, who is a Diamond Resorts Employee... Then there was a unanimous agreement that the impression of the Diamond Resorts management was that they were trying to stack the Board with those who would go along with the present direction of management against the interests of the members... Those last 5 minutes where the most important moments for the members and the future of those who want to enjoy this facility... The Board is now made up 3 members who are INDEPENDENT owners, and two two who represent Diamond Resorts.

I will add another section after this that will explain where we go from here

Where we go from here,,,,, The consences of those who attended is that The Diamond Resorts Management needs to be ejected from the Resort. I am not sure that is possible, but it is the agreement of those who attended that Diamond Resorts does not represent the best interest of its members... I am trying to be pragmatic here in that I cannot believe that Diamond would accept that as the end game, and maybe some where in the middle represents the best interests nof the members... What I can say with certainty is that we have made a great start in getting the Resort management we would like.. I would appreciate everyone to emaail me and add themselves to our list and we will move forward with an action plan in the nnext year before the next annual meeting to answer your questions and make this work for all of US. miigueldd45@aol.com or call me after March 21 at 503 643 9816

Sorry for the incorrect email address... My notebook computer screen is so small its hard for these tired eyes... migueldd45@aol.com please excuse the error

google HAWAII BUREAU OF CONVEYANCES....and peck around.......if you need help, contact me at karilynn57@gmail.com

"Peck around" is an understatement, if you are thinking about getting the names of current owners. How do you intend to sort through the State database for all property transactions and collect the names of likely over 10,000 current timeshare owners over a span of many years since the condominium first opened? I suggest a better way might be to talk to as many people as possible and spread the word every time we each visit the resort.

Also, if we provide our names to anyone building a list, I think the list should be shared with all so we all have equal access to everyone's e-mail address when it comes time for annual elections. We definitely need to vote as a block.

If you haven't already, please add me to you list of names.

My contract says Diamond gets one position on the Board, not two or more. Any thoughts about filing a class action law suite?

I suspect that their one seat is a grant. Their second is by election since they own and vote a block. They will never be ousted until we can get the "real" owners to actually take the time to vote.

I think that if the owners could take control, there could be open bidding on things like maintenance contracts and not an automatic assignment to Diamond.

Robertm: I wasn't aware that "halems" was looking for lists of all timeshare owners.......in his opening he refers researching the timeshares he just bought.........clearly, if anyone one looking to pull up a list of all owners FORGETIT. It'll never happen.