You recently received a packet in the mail outlining a proposed second amendment to your association Declaration.
Maui Timeshare Venture, LLC (“Developer”) and the entire Hyatt Residence Club team remain committed to the quality of Hyatt Residence Club Maui, Ka’anapali Beach (“HKB”), and the timeshare experience the existing HKB owners have come to count on.
Below are answer to questions we have been receiving related to the proposed Second Amendment to the Declaration.
Your feedback is important to us. Please use the form enclosed in your packet (or download here) and send in your vote by 10:00 a.m. Hawaii Time on Tuesday, August 1, 2017.
Should you have questions, please feel free to contact me directly via phone at +1 727.803.9497 or email at
lisa.trosset@hyattvoi.com.
Sincerely,
Lisa Trosset
Vice President - Compliance, Closing, and Loan Administration
Questions & Answers
1. Why is the amendment being proposed?
We have received many requests for more flexibility from potential purchasers who loved the resort but could not commit to vacationing there during the same week each year. The proposed amendment is being offered as an alternative for these purchasers. The proposed addition of the float use plan will not affect the guaranteed reservation rights that our existing HKB owners enjoy under the current use plan.
2. What does the proposed amendment do?
The proposed amendment creates a new use plan for 33 two-bedroom units which are built, but not yet included, in the HKB Vacation Owners’ Association. None of the interests in these 33 units have previously been offered for sale, so there are no reservation rights for these units today. Purchasers in the new use plan will be able to book their week stay reservations on a floating basis rather than a fixed week program. These purchasers will be owners of the HKB Vacation Owners’ Association and members of Hyatt Residence Club on the same basis as our current fixed week owners.
3. Do I have a right to vote on this amendment if I own a 1- or 3-bedroom unit?
Yes, all owners have a right to vote.
4. Can the Developer change the use plan on the interval that I have already been deeded?
No. Your fixed week rights are protected by the timeshare declaration which provides that the timeshare plan documents may not be amended without the written consent of an Owner to materially diminish an Owner’s ownership rights or to change an Owner’s fixed week rights.
5. Will my annual assessment change as a result of the change?
Your assessments will not change as a result of the new use plan. The annual HKB Vacation Owners’ Association budget is divided equally among all timeshare interests in the same resort unit type, regardless of the specific use plan.
6. How will units be assigned if the amendment is approved?
Units today are reserved by owners during their Home Resort Preference Period and are based on the fixed week and resort unit type owned (resort unit types are based on the type of unit and the floor band). When assigning a unit for an owner’s use, we give consideration to the order in which reservations are made and any special requests. This process will not change as a result of the new use plan.
With the addition of the 33 units, there will, of course, be more units available for reservations, but also additional owners seeking reservations. The proposed amendment sets aside the number of reservations required in each resort unit type to fully accommodate such fixed week owners’ reservation rights. Section 3.6(d) of the proposed amendment provides that all fixed week owners will continue to be able to make a reservation for their fixed week during their Home Resort Preference Period by restricting the number of reservations available to floating timeshare interest owners during this period.
7. How can I transfer my ownership from my current fixed week product to the new float week product?
There will be some availability for owners to transfer from the fixed week use plan to the new float week use plan, if they find it to be more desirable. For specific information, please contact the Sales Department at +1 808.662.4700
8. Is there a plan to sell HKB to another developer?
There is no plan to sell HKB inventory to another developer.
9. Is the intent to create this new use plan so that the 33 units can be put into the new Hyatt Residence Club Portfolio Program?
No. The Developer has designed the new use plan to respond to the many requests we received from interest purchasers who loved the resort but could not commit to vacationing at the resort during the same week each year. We intend to sell these new timeshare interests to new purchasers at the HKB property’s, who will be owners of the HKB Vacation Owners’ Association and members of Hyatt Residence Club on the same basis as our current fixed week owners.
10. If the amendment is approved, which units will go into the new use plan?
Please is a list of the unit numbers and locations for the 33 units:
8 units on Floor 4 (3404 - 3411)
4 units on Floor 7 (3708 - 3711)
9 units on Floor 8 (3803 - 3811)
4 units on Floor 11 (4115 - 4118)
8 units on Floor 12 (4121 - 4128)