I have copied a dialog between Diamond resorts international and myself.
It is all self explanatory,
Dear Poipu Time share Owners, we are all victims to what Diamond Resorts International has done. I have recently received a letter stating that all of my owner rights (I do own the timeshare) has been taken away from me as well as interest is being applied... Etc. Wow... in the United States!
To: Isaak
Begin forwarded message: From: Billing Help Diamond Resorts
Date: November 22 10:03: 57 AM PST
Subject: Re: Your Diamond Resort HOA Statement is available. (KMM7283626I15977L0KM) Dear Isaak Thank you for contacting Diamond Resorts International. The Poipu AOAO Board and management company have been aware of the problem, but only learned about the extent of the damage approximately two years ago. At the annual meetings held in 2010 and and in the maintenance fee letters sent in 2009 and owners were provided with preliminary information about the water intrusion problems. Although minutes for the Informational Meetings are not yet available, the presentations can be viewed by logging into DiamondResortsHoa.com. Once logged in select "Water Intrusion Project" located on the top right corner of the page, this will then redirect you to a new page where you may select the from various links to view Minutes. Please note, at this time Diamond Resorts International does not offer a buy back, relinquishment, or resale program, and is not affiliated with any companies that aid in the resale of vacation ownership.
In order for the ownership to be sold, it must be done independently. You may contact a real estate agent, or search your local directory for timeshare resale companies. We would however, recommend reviewing www.arda.org and www.bbb.org for tips, feedback and forums discussing timeshare resale to ensure the utilization of reputable and reliable companies. Additionally, for your convenience, we have included the resale procedure applicable to your ownership once a buyer has been established. Hawaiian properties managed by Diamond Resorts International maintain First Right of Refusal. Once a buyer is established, you must fax a copy of the purchase offer to the developer at 1-702-765-8740 or call 1-702-823-7175, if you prefer to speak with a representative. If you do not have a formal purchase offer, you may send the following information to the same numbers: Owner information, Name (s), current address, phone number, fax number or other contact numbers. If you have a buyer please include Name (s), purchase price, usage beginning year and any other relevant terms. The Developer will then have 30 days to respond. If you are not contacted within 30 days, your offer has been declined, and the ownership must be sold independently.
Once the sale is approved by the resort, the original owner must complete a Quit Claim Deed (which can be purchase online or at any Office Supply Store etc - Diamond Resorts International does not provide one) Send completed and notarized Quit Claim Deed to: Mailing Address: State of Hawaii Bureau of Conveyances P.O. Box 2867 Honolulu, HI 96803 1-808-587-0154 Physical Address: Kalanimoku Building 1151 Punchbowl Street Honolulu, HI 96803 1-808-587-0154 Once you have received the Recorded Deed from the State of Hawaii, the new owner would need to send Diamond Resorts International a copy of the First Right of Refusal, the recorded deed and a check or money order to cover the $250.00 transfer fee to: Diamond Resorts International Attn: Reconveyance 10600 W Charleston Boulevard Las Vegas, NV 89135 Please make Transfer Fee payable to: West Maui Resort Partners L.P. If Maintenance Fees are due, send a separate check payable to: Poipu Point VOA Poipu Resort Partners, LP Attn: Katherine Bozeman 1613 Pee Road Koloa, HI 96756 1-808-587-0154 Please keep in mind processing time is generally 3-8 weeks from receipt of recorded deed. Should you have further questions regarding this or any other matter, you may reply to this email or contact our staff at 1-877-374-2582 from the US or 0800-028-3857 from the UK. Thank you for your request, and we look forward to serving your future vacation needs. Sincerely| Direct Guest Correspondent | Diamond Resorts International | Tel: 877.374.2582
Original Message Follows: & Dear Ms. Xxx, Please forward to me the BOD minutes as well and all other details that resulted in this decision to mandate costs to the shareholders. To reiterate, I have never heard, seen or read anything regarding this issue until recently Billed the $2,000.in fact, in the Billing there was zero explanation and or any details as well. It would seem that no one of you at least as I am concerned bothered to inform me of anything assuming I had no rights anyway. That's frankly wrong. I would simply end this by my selling the property back to your company at a fair price. You as well have first rights to refusal as you know. Regards, Isaak
On Nov 10, at 2:47 PM, Billing Help Diamond Resorts wrote:
Thank you for contacting Diamond Resorts International. Diamond Resorts International understands that the timing of this additional financial responsibility is unfortunate, and is aware that during these unstable economic times, difficult decisions must be made. The Board of Directors for the Association of Apartment Owners (AOAO) of Poipu Point reviewed the need for essential repairs and replacements and approved the Water Intrusion Project and Assessment to responsibly address the problem. At the Point at Poipu, over time, conditions such as water intrusion have occurred, impacting corrosion of metal screws, bolts, strappings, and tie downs, in addition to the breakdown of certain wood components. Non-payment of the Water Intrusion Project and Assessment may result in late fees, interest charges, collection action and board action, as outlined in the Assessment Billing and Collection Policy included with your invoice. In addition, no transactions can be completed on your account until payment has been submitted. You will not be allowed to make reservations and will suffer suspension of use rights of your Ownership/Membership. Exchange requests of any type will not be confirmed and previously confirmed exchanges or reservations are subject to cancellation, including existing reservations for early 2012. Please note, an assessment of this nature is a one-time expense. While Diamond Resorts International did not request this assessment, as the management company for the Point at Poipu, we both support and agree with the decision made by the Board of Directors, as being in the best long-term interest of the resort and our Members. It is important to note that the Developers own a significant amount of inventory and will also pay the Water Intrusion Project and Assessment on inventory they own. The Developers share of this assessment is estimated at approximately $7.5 million.in addition, all Hawaii Collection Owners with Diamond Resorts International are considered Owners at The Point at Poipu.in fact, they are the largest single Owner at the resort and will pay their allocated share of the Water Intrusion Project and Assessment, along with all traditional Owners. The Hawaii Collections share of the assessment is estimated at approximately $26 million. Should you have further questions regarding this or any other matter, you may reply to this email or contact our staff at 1-877-374-2582 from the US or 0800-028-3857 from the UK. Thank you for your request, and we look forward to serving your future vacation needs. Sincerely, xxx| Direct Guest Correspondent | Diamond Resorts International | Tel: 877.374.2582
Original Message Follows: & Dear xxx, This is the first I have been notified of this matter, furthermore the date to have joined a meeting is past tense. I am a odd year owner and due to family issues have not used my property for the last Four years. In addition I can not afford this since I have been unemployed and am a primary care giver for my disabled son. I frankly can't understand the logic or legality of what the BOD has agreed to and in my opinion should let the property simply be foreclosed as anyone else would do when something is not affordable anymore. This seems a very desperate and legally questionable decision that I am sure will end up in the courts. I do not need to hear about what attorney advise that has been given or contracts... Since at the end of the day only a Judge and jury can decide. This would be a very interesting news piece on the Fox channel... Etc... Don't you think. Please confirm that you will drop this issue as well as this so called Bill. It would be a cheap and smart way to avoid conflict. Regards, Isaak
On Oct 30, at 4:13 PM, Billing Help Diamond Resorts
Wrote: Thank you for contacting Diamond Resorts International. With ample and careful consideration, the Board of Directors at the Point at Poipu has decided to move forward with a required Water Intrusion Project and Assessment in order to make essential repairs to the resort. The time frame for the project will occur between as it is necessary to be completed in phases, to ensure a successful renovation schedule and continued use of the resort by ourtaker Owners/Members. These repairs will include the following necessary renovations: Repairing damage to the wood framing? Replacement of structural ties, straps and fasteners? Updating all structural enhancements based on current building codes At the time of groundbreaking in 1991-1992, construction included state-of-the-art building-envelope technology for waterfront construction. As is the case in waterfront properties built in that period, over time, the material deteriorated and water intrusion developed into an unseen, but serious structural issue for the resort. The Association of Apartment Owners of Poipu Point (AOAO) Board of Directors has been working with structural engineers and expert consultants for several years to determine the cause of the deterioration, what repairs will be required and the subsequent costs. Investigations were conducted to assess damage and determine a course of action, which included filing an insurance claim. Ultimately, the insurance claim was denied, and with litigation highly uncertain, waiting an indeterminate amount of time for repairs would result in greater damage and increased costs. The total amount of the Water Intrusion Project and Assessment is approximately $66 million. Please note, the assessment is separate from and in addition to maintenance fees that are assessed annually, and is a one-time expense. The Water Intrusion Project Assessment for contract 1474996 is $2000. Payment can be submitted to the address provided on your statement, or online at www.DiamondResorts.com, using our preferred method of payment, electronic debit, or by credit card. This can also be completed over the phone via our automated system or with a Customer Service Representative directly by calling 1.855.624.4390 (Deeded Owners)/1.855.624.4391 (Points Members). We have made several options available to keep Owners/Members completely informed about the Water Intrusion Project Assessment and project progress. We encourage you to visit your Association? S website at www.DiamondResortsHOA.com for all important updates.in addition, the following Owner and Member Meetings will occur to discuss the project and provide further clarification: Wednesday, October 19 Southern California Thursday, October 20 Northern California Tuesday, October 25 Hawaii Collection Annual (Las Vegas) Tuesday, March 20 Poipu Annual (Kauai) For those unable to attend, the presentation from the informational meetings will also be posted on the website, as well as all other related information pertaining to the Water Intrusion Project and Assessment. Should you have further questions regarding this or any other matter, you may reply to this email or contact our staff at 1-877-374-2582 from the US or 0800-028-3857 from the UK. Thank you for your request, and we look forward to serving your future vacation needs. Sincerely, xxx| Direct Guest Correspondent | Diamond Resorts International | Tel: 877.374.2582
Original Message Follows: & Hello, spoke to you one of your reps a few weeks ago, hopefully it is recorded in your history file. He was to provide me with key information regarding this bill and I have not received nor heard anything. I am not aware of the justifiction for this Bill, how it was determined, who authoriized it etc. Surely you know where to send bills and therefore, know where to send key information such as the apparent planning and work that occured prior to this biling. I beleive this bill is an error and will treat it as such and have every intention to understand what is going on. regards, Isaak
From: Diamond Resorts Sent: Wednesday, October 5 4:28 PM Subject: Your Diamond Resort HOA Statement is available. Oct 5 - Statement for account number 000001474996 This is a notification that your statement for account 000001474996 is ready for payment. You currently owe $2000.00, and you should pay your bill by Jan 1. To view this statement, please click the following URL, or copy and paste it into the address field of your browser
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