$10.7 MILLION Refund for WKORV/N Owners !!!

[DavidnRobin]

For those not reading 2020 Maintenance Fee thread...
WOW!!!

 

[TUGBrian]

dang! thats a hefty sum!

 

[DavidnRobin]

dang! thats a hefty sum!

$635 for our VOI (WKORV Deluxe)

This is brutal for Maui County municipalities (if they accounted for this money - which they probably did...). I wonder what repercussions Maui county has in store for us TS Owners?

 

[DannyTS]

I am very happy for all the Tuggers that are WKORV/N owners!

 

[vacationtime1]

This is excellent news, but in typical Vistana fashion, questions remain:

If the settlement was $10.7M, why does the MF credit total only $6.879M?

If "the County's appeal will be dropped" (as the memo states), then what remains before the Hawaii Supreme Court to be heard in 2020? Perhaps the only thing that was settled was the retroactivity of the tax which was imposed on WKORV/N for challenging the palpably unfair property classifications -- leaving the tax classification before the court.

Why did the HOA take so long to give us good news? I was at WKORV for two weeks in November and neither saw nor heard a bit about this.

 

[pedro47]

Sounds like good news for now; but let's and see what happen by January 31, 2020 by Maui County?

 

[DavidnRobin]

I think what is left to rule on by HI Supreme Court is the remaining issue of the unfair taxation of Timeshares (Property Tax rate).

I am surprised this was not picked up by Maui newspapers. I follow a couple on Facebook - nothing. A loss of 12.7MM is huge to Maui County.


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[dioxide45]

Did Maui County ever actually account for this money? Wan't is placed in to an escrow account pending the litigation?

 

[PamMo]

Wow! Thanks, David. That is indeed good news for owners. I finished paying MF's for my other timeshares today, and am just waiting on my WKORV, WKORVN, and HRA bills to post.

You're right about it being a blow to Maui County. I suspect they'll double down on defense of the high timeshare tax rate, because it's not only a financial but a personal vendetta against timeshares by some members on the council.

 

[YYJMSP]

If the settlement was $10.7M, why does the MF credit total only $6.879M?.

I'm going to guess that is the WKORV share, and the rest is WKORVN... if I could actually download my WKORVN statement, i'm sure it has a similar last page for the other $3.821M

 

[Fredm]

Did Maui County ever actually account for this money? Wan't is placed in to an escrow account pending the litigation?

I was concerned it would be handled this way. Unfortunately, many owners who paid the emergency assessment won't get repaid.
WKORV-N&S Emergency Assessment [Retroactive Taxes]

Yes, the money was placed in an escrow account.

 

[YYJMSP]

looking back at the Jul 2016 assessment, the numbers match for both properties.

looks like we got back the entire amounts...

 

[DavidnRobin]

Did Maui County ever actually account for this money? Wan't is placed in to an escrow account pending the litigation?

I recall WKORV/N putting this in ESCROW - not sure about Maui Co.


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[DavidnRobin]

@Syed was aware of this in Late August, and gave text from Maui News (which I read, but missed)


https://advantagevacation.com/maui-county-ordered-to-refund-10-7m-to-timeshare-taxpayers/


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[PamMo]

I was concerned it would be handled this way. Unfortunately, many owners who paid the emergency assessment won't get repaid.

That's true, but other owners had to pay the retroactive tax for years they didn't own the units. It was a major screw up all around.

 

[DavidnRobin]

Wow! Thanks, David. That is indeed good news for owners. I finished paying MF's for my other timeshares today, and am just waiting on my WKORV, WKORVN, and HRA bills to post.

You're right about it being a blow to Maui County. I suspect they'll double down on defense of the high timeshare tax rate, because it's not only a financial but a personal vendetta against timeshares by some members on the council.

I think that the delay in the WKORV/N MF statements for 2020 were delayed because they wanted to account for it in the 2020 fees. The MF statement date is Nov 15 (iirc)

I read somewhere that there was a 30 day period since the Oct 15th court action date.

Anyway - some kudos go to VSE and WKORV/N HOA for fighting this as it was specific to these resorts only.

Unlike the challenge of the property tax tiers affecting TSs - currently being discussed in Maui Legislative committees.


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[PamMo]

Anyway - some kudos go to VSE and WKORV/N HOA for fighting this as it was specific to these resorts only.

Absolutely. It was a gutsy call.

 

[DavidnRobin]

I was concerned it would be handled this way. Unfortunately, many owners who paid the emergency assessment won't get repaid.
WKORV-N&S Emergency Assessment [Retroactive Taxes]

Yes, the money was placed in an escrow account.

Hi Fred - thanks for the link. So much info on this forum. I recalled predicting this unfair taxation would not hold in court.


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[CalGalTraveler]

This is great news. It's nice to see an HOA working for it's owners.

FWIW...We own WKORVN and have received zero communication - not even this letter. Although we started to pay down the anticipated fee we still have not received any communication and it shows our payments as a credit balance.

Has anyone received their statement yet?

 

[jabberwocky]

This is great news. It's nice to see an HOA working for it's owners.

FWIW...We own WKORVN and have received zero communication - not even this letter. Although we started to pay down the anticipated fee we still have not received any communication and it shows our payments as a credit balance.

Has anyone received their statement yet?

I can view mine online for our EOY. No separate letter though.

 

[DavidnRobin]

This is great news. It's nice to see an HOA working for it's owners.

FWIW...We own WKORVN and have received zero communication - not even this letter. Although we started to pay down the anticipated fee we still have not received any communication and it shows our payments as a credit balance.

Has anyone received their statement yet?

The statement is on the Vistana/Dashboard/HOA site - it can be downloaded - the letter is part of the statement (it is multiple pages).
I just took snapshot of letter - these should be in mail soon.

 

[Mulege]

I looked at my online statement and there was no refund/credit on my details page. I paid the special assessment. Any idea when or where it will post? MF is due 1/02/20.

 

[DavidnRobin]

I looked at my online statement and there was no refund/credit on my details page. I paid the special assessment. Any idea when or where it will post? MF is due 1/02/20.

Are you saying your 2020 payment is more than your 2019 payment?
Probably not...

The refund is not specifically listed on the statement - it is accounted for in the line “2020 VO ASSESSMENT INCLUDING TAX CREDIT”.

It was not a Special Assessment per se - it was a underpayment of Tax claimed by Maui County and overturned by court.

Discussion of the original Tax Assessment is discussed in FredM’s post.



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[Negma]

We own two EOY. Both 2 bedroom lock off, one island view one ocean view. Last year on OV we paid 1402, this year 1301. IV last year was 1350, this year 1249. Based on the detailed bill, it said the average was around $200.

 

[DavidnRobin]

We own two EOY. Both 2 bedroom lock off, one island view one ocean view. Last year on OV we paid 1402, this year 1301. IV last year was 1350, this year 1249. Based on the detailed bill, it said the average was around $200.
View attachment 15179

The last page (at bottom) states “Biennial Unit Week fees are one-half of those shown above “ from table showing tax refund by unit type.

My statement is for WKORV. Not sure what WKORVN Statement states, but the amounts are different between the 2 resorts. They have different tax rates (and Villa types) and perhaps a difference is also due to north resort opening later than the south.


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