# Concerned Deeded Owners Pt @ Poipu



## Kauai Kid (Mar 9, 2011)

Here is a recent email from the Concerned Deeded Owners:

Hello Sterling  I have spent hundreds of hours trying to effect DRI's treatment of the staff at the point and the owners. The problem is DRI controls 6400 proxy votes.  Our group only has 600 votes. DRI refuses to give us the list and without the list we can not contact the rest of the owners. RICO's attorney is not moving forward with the case, even with personal eye to eye contact from members of our group. If you have any useful constructive suggestions I am open.   Roger K. Veach




----- Original Message -----
From: "Sterling Hartman" <sterling.hartman@sbcglobal.net>
To: rkveach@comcast.net
Sent: Monday, March 7, 2011 6:14:57 PM
Subject: Point @ Poipu Concerned Deeded Owners



Great job to you and your staff.

I'm an owner, I sent you $100, and you and your staff are so incompetent you couldn't even let me know who I should vote for with the board of directors recent election.

Talk about a scam,

Sterling Hartman


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## Kauai Kid (Mar 9, 2011)

Useful Constructive Suggestions:

1.  Join the Time Share Users Group and let the Point at Poipu deeded owners know what you are doing to help their interests. Be sure and include your email and phone numbers with each posting.

2.  Communicate with those owners on a regular basis via email or postings on TUG. Let the 600 know who they are by sharing all their emails.  

3.  Appologize to individuals like me who have sent you funds and NEVER received any information about what is going on with the Point @ Poipu Concerned Deeded Owners.

4.  Let the 600 know who they should contact in the Hawaii State Government about Diamond Resorts misdealings.


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## Kauaigrl00 (Mar 10, 2011)

So I am curious, what happens to the money that "was" collected?  Yes we also donated I believe $250.  It's like the website that was created is now dead in the water.

My concern now is not with Diamond but with RCI.  Diamond got me right in on the dates I wanted for next year - RCI will not let Diamond assist in our deposited weeks anymore - so of course I am on a waiting list for my back to back week - I think it is time to unload it as much as I love it there


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## dougp26364 (Mar 10, 2011)

Despite their concerns, from what you've posted, I'm not certain this is a group I'd want taking over, running or even choosing a management company to run a resort where I own.


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## dougp26364 (Mar 10, 2011)

Kauaigrl00 said:


> So I am curious, what happens to the money that "was" collected?  Yes we also donated I believe $250.  It's like the website that was created is now dead in the water.
> 
> My concern now is not with Diamond but with RCI.  Diamond got me right in on the dates I wanted for next year - RCI will not let Diamond assist in our deposited weeks anymore - so of course I am on a waiting list for my back to back week - I think it is time to unload it as much as I love it there



Do you have the option to use Interval International instead of RCI? How about the option of joining THE Club? We paid the joiner fee a couple of years ago with some reservations but, have been very happy with that decision since that time. We were able to join THE Club and keep the deeds to our week. 

THE Club allows you to make reservations directly with DRI for DRI managed and affilitated resorts without additional exchange fee's and, THE Club dues includes membership in Interval Gold. 

It's understandable if you don't want to pay the joiner fee ($2,995 last I knew) for THE Club access. DRI favors Interval and has a better working relationship with Interval. I believe you'd have better luck and easier access through Interval than RCI becuase of this situation.


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## Kauai Kid (Mar 10, 2011)

Kauaigrl00 said:


> So I am curious, what happens to the money that "was" collected?  Yes we also donated I believe $250.  It's like the website that was created is now dead in the water.
> 
> My concern now is not with Diamond but with RCI.  Diamond got me right in on the dates I wanted for next year - RCI will not let Diamond assist in our deposited weeks anymore - so of course I am on a waiting list for my back to back week - I think it is time to unload it as much as I love it there



The money that was collected is in escrow.  None has been spent.

Even with the best of intentions I truly wonder if Concerned Deeded Owners (David) can succeed with their overthrow attempt against Diamond. (Golliath)

I also wonder how much the special assessment will be to repair the water intrusion in some of the buildings.  Hey I thought it was located in sunny Poipu.


Sterling


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## Kauaigrl00 (Mar 11, 2011)

dougp26364 said:


> Do you have the option to use Interval International instead of RCI? How about the option of joining THE Club? We paid the joiner fee a couple of years ago with some reservations but, have been very happy with that decision since that time. We were able to join THE Club and keep the deeds to our week.
> 
> THE Club allows you to make reservations directly with DRI for DRI managed and affilitated resorts without additional exchange fee's and, THE Club dues includes membership in Interval Gold.
> 
> It's understandable if you don't want to pay the joiner fee ($2,995 last I knew) for THE Club access. DRI favors Interval and has a better working relationship with Interval. I believe you'd have better luck and easier access through Interval than RCI becuase of this situation.



I honestly don't think my husband would give any more monies for this timeshare.  We are paid up with RCI until like 2014.  I guess if I was a trader it would be fine - all I want is to go to my home resort!  I pay for it every year! (BIG TIME)


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## Kauaigrl00 (Mar 11, 2011)

<<I also wonder how much the special assessment will be to repair the water intrusion in some of the buildings. Hey I thought it was located in sunny Poipu.


Sterling>>

OH YEAH the water intrusion!  I wonder if they fixed all the soffits that were literally falling down last year.

Not happy not happy at all for what I spend between the maintenance fees and RCI fees, I could stay in a nice condo on the island.


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## T_R_Oglodyte (Mar 11, 2011)

Kauaigrl00 said:


> <<I also wonder how much the special assessment will be to repair the water intrusion in some of the buildings. Hey I thought it was located in sunny Poipu.
> 
> 
> Sterling>>
> ...



The reason that the soffits hadn't been fixed is because they were in a legal dispute with one of their insurers as to whether not repair of the damage was covered under the policy.  Had they gone ahead and repaired the soffits their legal position with the insurer would have been greatly weakened if not eviscerated.

So they were faced with two choices:

Defer the soffit repair so that the insurance claim could proceed and thereby lessen the amount of the special assessment ultimately charged to owners,

Proceed with making the repairs, to get the repairs done quickly but also gutting the possibility of having the repairs covered by insurance.

Personally I support the board's decision to follow option 1 for as long as insurance recovery seemed viable.


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## lv_maui (Sep 19, 2011)

*Update on Poipu pointe issues?*

Does Anyone know where they are on 

1.  the soffitt issues

2.  The Group that wants the owners list 







T_R_Oglodyte said:


> The reason that the soffits hadn't been fixed is because they were in a legal dispute with one of their insurers as to whether not repair of the damage was covered under the policy.  Had they gone ahead and repaired the soffits their legal position with the insurer would have been greatly weakened if not eviscerated.
> 
> So they were faced with two choices:
> 
> ...


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## Fisch (Sep 19, 2011)

lv_maui said:


> Does Anyone know where they are on
> 
> 1.  the soffitt issues
> 
> 2.  The Group that wants the owners list



Soffits are all fixed.  There was a quarterly newsletter that came out about a month ago.

No word on getting the owners list.

Al


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## Kauai Kid (Sep 20, 2011)

I own at the Point and have never got a newsletter, quarterly or whatever.

How do  you sign up.

Mahalo,

Sterling


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## Poobah (Sep 20, 2011)

*Newsletter*

Sterling,

I received an email some time ago that the newsletter was on the P@P website. 

We'll be there in March and will be attending the Owner's Meeting.

Cheers,

Paul


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## T_R_Oglodyte (Sep 20, 2011)

From e-mail sent Feb 27, 2009 to all owners with addresses on record 



> The Point at Poipu Owners-Only
> Website Goes Live
> 
> 
> ...


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## Kauai Kid (Sep 20, 2011)

Mahalo for the info Steve

I'll be at the Point for 2 weeks in December and will keep TUG informed with my opinions.

By the way, I asked for a return of the monies I had sent to the concerned deeded owners and  promptly was refunded my money.  I didn't see they were doing anything.

Sterling


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## Fisch (Sep 20, 2011)

*Link to Newsletter*

https://docs.google.com/viewer?a=v&...Y2Q4Mi00MmQ2LTlhNjYtNjcyZDQ4MzgwZjgw&hl=en_US

I "shared" the newsletter in Google Docs.

I'll be there in two weeks 

Al


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## Kauaigrl00 (Oct 1, 2011)

All monies are going to be returned.  I just received and email.


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## Kauai Kid (Oct 2, 2011)

Fisch said:


> https://docs.google.com/viewer?a=v&...Y2Q4Mi00MmQ2LTlhNjYtNjcyZDQ4MzgwZjgw&hl=en_US
> 
> I "shared" the newsletter in Google Docs.
> 
> ...



Let me know please if the grills by the adult hot tub are functioning properly.

Last time we were there no one could get them lighted.  Maintenance was called, EVERY SINGLE NIGHT for two weeks, and those good folks always got the grills started.

Our lanai looked out on the area and after a few frustrating attempts everytime I'd see someone struggling with the &&^%%$$#* grills I'd just call the front desk and out would come 2 or 3 grills lighters.
 

9 weeks and we'll be there too.   

Thanks, Sterling


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## Fisch (Oct 2, 2011)

Kauai Kid said:


> Let me know please if the grills by the adult hot tub are functioning properly.
> 
> Last time we were there no one could get them lighted.  Maintenance was called, EVERY SINGLE NIGHT for two weeks, and those good folks always got the grills started.
> 
> ...




I will let you know.  We had the same issues last year with those same ones.


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## T_R_Oglodyte (Oct 2, 2011)

Kauai Kid said:


> Let me know please if the grills by the adult hot tub are functioning properly.
> 
> Last time we were there no one could get them lighted.  Maintenance was called, EVERY SINGLE NIGHT for two weeks, and those good folks always got the grills started.
> 
> ...



I have found the grills at the Embassy Poipu to be no better or worse in that regard than our overall experience at all resorts.

The problem typically is abuse/misuse of the grill by guests, and the most common problem is non-working burner valves caused by people who have stripped the knobs by trying to twist the knobs out of the "off" position without pushing in the knob before turning it.

The second most common problem is overuse of the igniter element to the point where it doesn't work anymore.  This is often caused by people trying to ignite grills when there is no gas flowing to the grill due to either failed burner valves (see above) or a closed tank supply valve (see below).  I've watched people hold down an igniter for three or four minutes, waiting for a grill to ignite.  Then they fiddle with the grill and repeat, and all the while the reason the grill doesn't ignite is no gas.

The third most common situation is people not understanding that tank supply valves are reverse-thread, open counter-clockwise and close clockwise.  When I was in Poipu in August there was a pretty fit guy in his late 30s trying to grill one night who couldn't get his grill lit, and in the process of testing valves had forced the tank valve shut with about as much strength as he could muster.  He didn't believe me when I told him he had shut the valve, until I demonstrated with the unit I was cooking with.  He was then barely able to get the valve unstuck.


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## Dollie (Oct 3, 2011)

*Grills Replaced*

According to the summer 2011 news letter:


Gas grills: Ten new gas grills were purchased and installed throughout the property.
Tableware: Tableware including flatware, glassware and utensils is currently being replaced. Dining sets will increase from six to 10 sets.
Soffits: All of the soffits have been repaired.


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## Kauai Kid (Oct 3, 2011)

According to the newsletter, all the grills have been replaced so that might not be an issue this time.

I do hope they have replaced those miserable stainless steel skillets.  They were so bad we ended up buying a teflon skillet to use.

Sterling


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## Kauai Kid (Oct 3, 2011)

T_R_Oglodyte said:


> From e-mail sent Feb 27, 2009 to all owners with addresses on record




If you are a member of the club things are automatic.

If you are a deeded owner you have to jump through additional hoops to get "on the record".

But, I'm on the record (I hope) after spending 20 minutes on the phone with Diamond.


Sterling


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## Dollie (Oct 3, 2011)

Kauai Kid said:


> I do hope they have replaced those miserable stainless steel skillets.  They were so bad we ended up buying a teflon skillet to use.
> 
> Sterling



As I mentioned in my update posting of 9/28/2010 and which was also referenced in other Newsletters: 

•	Pots & Pans - Each suite has a new 17-piece pots and pans set. There was no problem with sticking when using the frying pans and lots of pots to cook with.


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## T_R_Oglodyte (Oct 3, 2011)

Kauai Kid said:


> If you are a member of the club things are automatic.
> 
> If you are a deeded owner you have to jump through additional hoops to get "on the record".
> 
> ...


Not sure what to say Sterling.  I was regularly receiving communications from the resort via e-mail before we joined the Club.  After joining the Club we continued receiving those, as well as additional e-mails from the Club.


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## andyoo (Oct 5, 2011)

*Water Intrusion Assesment*

I just got my bill for the Water Intrusion assesment.
I am an every other year owner.
My share is $2946.66
WTH!!! That is close to 20% of what I paid for my unit!

Is there anything we can do about this?


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## tvandyke (Oct 5, 2011)

*Water intrusion*



Kauaigrl00 said:


> <<I also wonder how much the special assessment will be to repair the water intrusion in some of the buildings. Hey I thought it was located in sunny Poipu.
> 
> 
> Sterling>>
> ...



I just got an assessment, no explanation, for $3500.  I have 4 weeks every other year and this is for the water intrusion problem and is due Jan 1st. 

I hate this place.  The maint. fees have nearly doubled since I bought the place in 1999.  They screwed up my fees one year and sent me a bill for twice as much as I owed.  It took from November to February for them to send me a corrected invoice.  Along with it they stuck me with a $1,000 late fee.  They have no resale value and the best deal I can find is to sign over my deeds and walk away from the $50k I originally paid.....


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## tvandyke (Oct 5, 2011)

andyoo said:


> I just got my bill for the Water Intrusion assesment.
> I am an every other year owner.
> My share is $2946.66
> WTH!!! That is close to 20% of what I paid for my unit!
> ...



How many weeks do you have?


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## wilma (Oct 5, 2011)

I have 1 week, and just received 2 emails with bills for $2353 and $1000. There's no explanation and I can't log into my DRI account, I just get an error message.


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## brriguy (Oct 5, 2011)

*water intrusion my you know what*

I just got my bill and yes $2000 charge for a so called intrusion. Googled and found this page. Now I am posting my riffs with the resorts also.
Water from where???  No tsunami hit Kauai and the resort is elevated high/far enough from sea level to get any type of damage.  Does anyone know what happened exactly???  Or is this another way the Fk'd up board makes decisions to put more money in their pockets???


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## Kauaigrl00 (Oct 6, 2011)

wilma said:


> I have 1 week, and just received 2 emails with bills for $2353 and $1000. There's no explanation and I can't log into my DRI account, I just get an error message.



So they send us a bill and don't let us access the site - figures!  I got the same email yesterday for $3353.32 - that's for one week a year for oceanfront.  Gotta really unload this place!  The least they can do is send us a letter explaining things!


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## artringwald (Oct 6, 2011)

*Water Intrusion*

For those Poipu owners that can't log in, here's a PDF file with the DRI explanation of the problem. It should be arriving soon by snail mail:

http://tinyurl.com/3cdw68d


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## MadOwner (Oct 7, 2011)

*Are they nuts?*

[Deleted at request of poster]


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## timeos2 (Oct 7, 2011)

MadOwner said:


> I am a one week owner who was just billed an additional $2,000 due in 90 days with no advance notice!!!  We can not pay it and will be charged a late fee, interest and then be foreclosed on. Note our annual maint. fees were already paid in advance in monthly payments. I had no idea the level of corruption within the assoc responsible for representing the owners!!!! How do we get rid of DRI?  Has anyone contacted the property tax office to get the names of deeded owners?  That is a matter of pubic information. I am not a conspiracy person but I am left to wonder if they are simply crazy demanding an additional $2,000 in a 90 day time frame or if they are smart and know that they can get their grubby little hands on a large number of deeded owners property. Seems to me there is a strong financial gain coming to DRI!!!



You'll not find me defending developers or large organizations very often but in this case it appears the fault is not DRI or the BOD - instead it is an unfortunate result of a bad purchase decision of Argosy/Sunterra, with partner Embassy, to buy a failed full ownership condo development and make it a timeshare. Similar to what happened to Marriott when they bought out an abandoned building & refurbished it but now find a myriad of issues costing owners a lot of money.

Who knows who originally dropped the ball - the designers, the inspectors or the builder (or all of them) but none apparently are around these many years later to hold reponsible. So the Board & developer /management have to do what they can to fix it. Unfortunately it will cost owners but that is the risk you have with any property ownership. This time it happens to be a very expensive lesson of what can occur.  No one expected it but there it is. You have to deal with it best you can. Any type of lawsuit against the resort is suing yourself & Just adds more expense.  There are no winners.


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## MadOwner (Oct 7, 2011)

[Deleted at request of poster]


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## LisaRex (Oct 8, 2011)

What a bite.  I, too, would be appalled.  The letter from the HOA just reeks of arrogance, right down to the threat of foreclosure if the payment isn't received on time.  What will really stink is that when people walk away, and many will, the remaining owners will be stuck with an even larger bill.  

I'm not familiar with this property.  What are the MFs normally?  And what were these units selling for on the resale market prior to this SA.


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## ondeadlin (Oct 8, 2011)

I think it is highly, highly likely that there are so many defaults at this property because of the assessment that the Point at Poipu is forced into bankruptcy.  In this economy people just aren't going to pay this.  It's a horrible decision by the board.


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## teepeeca (Oct 9, 2011)

Maybe the HOA should contact ALL of the regular timeshare owners (NOT DRI ownership) and give them a vote on whether to pay the special assessment, or to close the resort.


I would be willing to bet that most of the owners would vote to close the resort, and "walk away" from that ownership.  Of course, DRI, with its large ownership of units, would try to stop "regular owners" from bailing-out and closing the resort, BUT, closing the resort might be the proper solution.

Isn't the "elected" HOA supposed to look out for the BEST INTEREST of the owners???  Again, "my feelings" ---close the resort with it's "money pit" mentality.

Tony


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## Poobah (Oct 10, 2011)

*HOA*

The HOA Board is essentially made up of DRI employees and relatives, so they are a rubber stamp to anything that DRI chooses to do. Owners are not represented on the Board.

There is and on-going attempt to get a list of the P@P owners, but DRI is refusing to disclose it.

The intrusion situation has been know for years. It was brought up at an Owners Meeting when the resort was owned by SunTerra. The situation would have had to been disclosed when DRI took over SunTerra. I assume it has taken so long to take action is because DRI was looking for someone to sue. All that has done is allow the problem to get worse. 

As I posted on another thread, PR with its owners is not DRI's long suit; particularly where bad news is concerned. Full transparency is needed here.

Cheers,

Paul


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## Kauai Kid (Oct 10, 2011)

tvandyke said:


> I just got an assessment, no explanation, for $3500.  I have 4 weeks every other year and this is for the water intrusion problem and is due Jan 1st.
> 
> I hate this place.  The maint. fees have nearly doubled since I bought the place in 1999.  They screwed up my fees one year and sent me a bill for twice as much as I owed.  It took from November to February for them to send me a corrected invoice.  Along with it they stuck me with a $1,000 late fee.  They have no resale value and the best deal I can find is to sign over my deeds and walk away from the $50k I originally paid.....



Amazing:  I called Diamond on Oct 7th and they said none of the special assessment had been mailed yet.  Allegedly mailed over the weekend.

Sterling


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## venomjim (Dec 15, 2011)

*Join the Concerned Owners Group*

Lots of people here are all in the same boat. We are trying to get a list of owners from DRI (per State Law), but have been unsuccessful. Two links below I would recommend checking out.

Group stands at about 500 now, but we are trying to get the word out to ALL Poipu Point owners. It will take a coordinated group of individuals to take on the giant called DRI.

When you go to the second link below, check out the action tab for some things that you can do.

Jim Adams

https://www.facebook.com/pointatpoipu

http://poipuowners.org/Home_Page.php


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## california-bighorn (Dec 15, 2011)

*Agree with Tony*



teepeeca said:


> Maybe the HOA should contact ALL of the regular timeshare owners (NOT DRI ownership) and give them a vote on whether to pay the special assessment, or to close the resort.
> 
> 
> I would be willing to bet that most of the owners would vote to close the resort, and "walk away" from that ownership.  Of course, DRI, with its large ownership of units, would try to stop "regular owners" from bailing-out and closing the resort, BUT, closing the resort might be the proper solution.
> ...



I haven't been following this unfortunate situation for a while, but this morning I found these comments from Tony.  I agree with Tony.  Since the water intrusion issue isn't new, couldn't the resort stay open for a couple of more years without major repairs, then sell the property when (hopefully)the economy is a little better and real estate prices have stabilized?  Wouldn't the owners get something from the sell of the property?


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## singlemalt_18 (Dec 15, 2011)

teepeeca said:


> *Isn't the "elected" HOA supposed to look out for the BEST INTEREST of the owners???*  Again, "my feelings" ---close the resort with it's "money pit" mentality.



Removing the DRI Trust issues for the sake of discussion, it is important not to confuse what the mandate of the governing boards actually is.  In very broad strokes, they have NO FIDUCIARY DUTY to consider or protect the individual and personal financial interest of ANY owner or group of owners.

Their obligations are to protect and maintain the property itself;* it is assumed that doing so is also in the interest of the owners*.  This is a case where what is in the best interest of the property is in direct conflict with the individual interests of some owners, either personal or financial.

Someone may have a technical argument with my general description here, but the distinction needs to be made between the competing interests in play.


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