The Point at Poipu

Board of Directors

Nov 01, 2011

Not an easy task.


Keith P.

Last edited by kpaul5257 on Jan 29, 2012 02:50 PM

Nov 02, 2011

Re: Obama and the DRI corporate officer.

Obama gets introduced by lots of people. Do you actually think that gives DRI any help in a legal issue?


Tom V.
Nov 02, 2011

Exactly to the point! He does, however, probably relish the perception...


David L.
Nov 02, 2011

kpaul5257 wrote:
Michael414 when CDOPP (www.poipuowners.org) was originally formed, it was assisting "deeded" owners. That was changed awhile ago and they are hoping to assist both types of ownership. The name will probably change within the next few weeks to drop the word "Deeded" from the title as it does reflect that the group is exclusive to deeded owners. When the Poipu group started, there seemed to be a divide. The deeded owners were getting less than they were accustomed to (and less than they paid for) and the points owners seemed to be enjoying the new program. Now that the ponzi scheme has caught up, the points owners realize that they were taken advantage of and we are all in the same ship with Captain Hook and his pirates. Deeded owners were also purchasing points so they were hit with a double whammy. Today, I think it is safe to say that both ownership groups are looking for a cure. It is time to get together and see if we can make some changes. Not an easy task. If you have not registered on the website because of old information regarding the deeded ownership, I would encourage you to register.

What happened to Richard Batchelder, I have emailed him several times and he has not responded... I helped Richard when they first began after the February 2008 meeting at the Grand Hyatt Kauai, and compiled a list of some 30 plus Deeded Owners that I gave to him to help build your organization... Its nice to hear that you are now expanding to include the "Points Owners", what happened to your legal action to have the "Member list" made available, because without that, reaching the members (both Deeded & Points) is the only way to get enough votes to unseat the 3 Diamond Board Members... I have been very vocal on this site and with your founders to push a legal action, and when you have that going, you can get the information through "Discovery" in depositions, force this issue... migueldd45@aol.com


Michael D.
Nov 11, 2011

We need ALL owners to register at www.poipuowners.org Only with a set of clear goals and grievances can we move forward. We need to present a united front with clear and concise points presented in a consistent manner. Registered owners will be getting several very important emails this weekend laying out our FIRST round strategy. If you are NOT happy, register now!


David L.
Nov 17, 2011

Not an easy task.

What happened to Richard Batchelder, I have emailed him several times and he has not responded... I helped Richard when they first began after the February 2008 meeting at the Grand Hyatt Kauai, and compiled a list of some 30 plus Deeded Owners that I gave to him to help build your organization... Its nice to hear that you are now expanding to include the "Points Owners", what happened to your legal action to have the "Member list" made available, because without that, reaching the members (both Deeded & Points) is the only way to get enough votes to unseat the 3 Diamond Board Members... I have been very vocal on this site and with your founders to push a legal action, and when you have that going, you can get the information through "Discovery" in depositions, force this issue... migueldd45@aol.com

Rich worked his butt off and it was time to get some new energy involved. His real life finally had to take priority over beating his head against a wall dealing with some of the government officials in Hawaii.


Keith P.

Last edited by kpaul5257 on Jan 29, 2012 02:52 PM

Nov 18, 2011

I have not seen the governing documents that are specific to this property. There will be an area concerning a special election to recall the Board of Directors. Normally, the percentage required to sign a petition for a recall is small - like 15% of the owners. From reading all the posts in this column, I'm pretty sure the 15% could be satisfied without a complete Owners List. I have had personal experience as a Board President of a very large HOA regarding Recall Elections.. Once the Petition is sent to the Board they HAVE to respond according to the By Laws and honor the request. If the request includes a current list of Owners they HAVE to provide it. That way every Owner can be contacted in writing explaining why we want the Board recalled and who is running (including the current Board Members if they wish) for the election. Immediately, after the election the new Directors can terminate the management contract - usually within 30-days and probably cancel any existing contracts associated with the reconstruction. Then the Board could seek new bids for any work deemed necessary. Poipu doesn't exist in a bubble (even though DMI would like everyone to think they do). Board recalls happen all the time in Corporations across the country. The process is pretty cut-and-dried. It is a "back door" method to taking control when issues like the current one come up and are mishandled. Please add my contact information to your list. We own (1) deeded week that we purchased about 10 years ago.


Michael E.
Nov 20, 2011

ATTN: All Poipu Deeded & Points owners

COPP is presenting some thoughts about the situation we all find ourselves in...

There is strong evidence of water damage at our resort. That is an unfortunate fact. DIAMOND RESORTS INTERNATIONAL has stated definitively and repeatedly that anyone currently affiliated with our resort is responsible for their share of the "Water Intrusion Assessment," or approximately $5,800 per interval owned.

DIAMOND RESORTS INTERNATIONAL has stated that failure to pay your assessment will result in foreclosure on your interval. HOWEVER, they have also indicated that they will pursue, through means including collections, your portion of the water intrusion assessment even after foreclosure. In other words, as it stands right now, only by paying your assessment can you avoid collections action.

Fast Answers: There have been internet postings where an owner at Poipu has been told by a company that if they paid them, they would take their interval and file a class action lawsuit to relieve them of their responsibility for the assessment. Our advice is to remain sceptical. They will have your deed and you are still responsible for the assessment. Remember, IF IT IS NOT IN WRITING, YOU HAVE NOTHING! Even then, it might only be worth the paper it is written on. Another owner posted that he was told by DIAMOND RESORTS INTERNATIONAL that if they were to walk away he would not be held responsible for his maintenance fees. Remember, your "MAINTENANCE FEE" is different from your "WATER INTRUSION ASSESSMENT." If you walk away now, you will lose your deed and yet you are still responsible for the water intrusion assessment. Pay attention to the details! We have seen emails forwarded to COPP by other owners, that if you pay $8,960.00 you can purchase points and GIVE THEM YOUR DEED! The down payment is $2,900.00 (more than your first installment on the assessment!) and a monthly payment of $227). Now you no longer OWN A DEEDED PROPERTY. BUT, you are now liable for almost half again as much as the assessment AND, they have your deed!

Suggestions: Monitor the internet for information regularly. Check out RedWeek.com and you will see that there are points owners being assessed just like the deeded owners. Make certain that you understand that there is no guarantee that you will not be hit with an assessment in the future AND you will also see lots of points owners being rocked by enormous increases in their annual fees. www.poipuowners.org is your website – make sure your register! This will put you on our mailing list and give you the most recent information on what is happening. Follow discussions regularly at the following: https://www.facebook.com/pointatpoipu https://blog.poipuowners.org


David L.
Nov 20, 2011

Blog link doesn't work...


Robert H.
Jan 07, 2012

Whoever reads this and is an angry owner of Point Timeshare, Kauai please sign up at www.Poipuowners. org to join the grwoing group of we owners to find a way to save our time at point, Clare West owner


Clare W.
Feb 01, 2012

After watching CEO Stephen J Cloobeck on the Undercover Boss, I can understand why I have to pay the water intrusion bill for the Point at Poipu. How else can he afford to fly around to different resorts throughout the United States on a private Lear jet. How else can he afford the nice clothes and expensive cigar, while sipping a cocktail next to a pool at his mansion overlooking the Pacific Ocean. I just attended a presentation at the Point this past week and was encouraged to bump up my points from 21,000 points to 30,000 points so that I could be a Gold member. It was only going to cost $18,000 which was a small cost to the benefits I would receive according to the Diamond Resorts Salesman. My wife and I lit him up about the water intrusion bill and told him we could no longer afford to buy points in the Hawaiian Trust as long as Mr. Cloobeck spent our money on perks for him


Robert S.
Feb 01, 2012

If you haven't already done so, go to www.poipuowners.org and register.


David L.
Feb 03, 2012

I am an owner of 4 weeks worth of deeded time and or points at Poipu. I am confused as to which, but what I am not confused about is WE ALL must unite, the sooner the better, and somehow make enough owners, is it 15% of owners aware of this petition for recall of the board directors and encourage any and all Poipu owners to sign the petition to recall. Next the petition is presented to the Poipu Board of Directors and they as a body must give to those who started and presented the petition,that's our group, the list of names of owners at Point. Next step would be for our group to notify all owners of the recall to be held and the water intrusion issue if they are unaware of it(how could this be??)We must alert all owners to vote for the candidates who our group informs us will be people we want on the board. Assuming this all happens and those voted onto the board are our fair and open candidates we then pay close attention as this new board first cancels any work contracts on the table and begins to address the issue of the water intrusion with a fresh start. At this time I do hope the issue of building insurance is looked into deeply, any responsibility of the current company there? Now this is a good plan, but I am very nervous because if we do not get this happening soon next fall will come, our high maintance fee bills will come along with the water intrusion bill and i will not be able to pay again since I hardly could pay this past Dec./Jan. And again I will probably be told, no pay, no use of your points which equals no vacation on Diamond properties...someone with knowledge tell me this plan we have will work before next fall...Clare West frankankay@gmail.com and how can I help this cause??


Clare W.
Apr 10, 2012

Here is the announcement for which we have all been waiting! The lawsuit has been filed! It was filed Friday in Federal District Court in Hawaii. COPP will be mailing out a note with the lawsuit attached. It will also be going up on our website. I think that we will have DRI's attention now! What did Mr. C say? Yes, that's right, there are "10" unhappy customers. We'll see...


David L.
Apr 10, 2012

davidl712 wrote:
Here is the announcement for which we have all been waiting! The lawsuit has been filed! It was filed Friday in Federal District Court in Hawaii. COPP will be mailing out a note with the lawsuit attached. It will also be going up on our website. I think that we will have DRI's attention now! What did Mr. C say? Yes, that's right, there are "10" unhappy customers. We'll see...

Congratulations, I was doubting that it would get to a filing... The only way to make any positive changes to the way DRI operates is to take them to court... As I have not seen the the filing I can only hope that the issues presented are significant, and that having taken your time with this filing I hope the issues are well thought out.. There is a lot riding on this for DRI, and they will do anything to win this, but first they will spend as much time on delay, delay, obfuscation and more delay.. They will challenge every dotted 'i' and every crossed 't' along the way.. This will be a long drawn out struggle, I do hope you are in it for the long haul, as that is what it will be... Good Luck and I will be cheering you on..


Michael D.
Apr 11, 2012

I have now read the Federal Class Action lawsuit filed by the lawyers on behalf of COPP and its members... Congratulations, this is a well thought out complaint, very well documented as to the claims of all of those concerned.. I want to publically thank Kieth Paulsen and the COPP board of directors for a job very well done... I believe that if you have the staying power, you will be successful as the truth will support its success... It will be a long struggle as DRI will stall and obfuscate, they will delay and challenge at every junction of this journey, but in the end this will shed a huge light on the Time Share Industry... Thanks from all of us who doubted


Michael D.
Jan 28, 2013

Proxy Alert Update - IMPORTANT On Jan 24/13 we sent out a Newsletter regarding Proxies (see copy at the bottom of this email), and since Proxy Ballots have started hitting our email and snail mail inboxes, we would like to provide the following update: First and foremost, is that you should be aware of the following: do NOT assign your proxy vote to the existing Board of Directors (this essentially gives your vote to DRI) NOTE THAT if you leave the first question blank, then you have essentially assigned your vote to DRI!!! do NOT either fail to vote yourself or, in lieu of voting yourself, assign your Proxy to someone who will vote as you wish your ballot to be cast. COPP has some recommendations for you if you elect to assign your proxy. Note that if you do NOTHING, then your proxy will fall to the current Board of Directors and DRI Because we like to confirm the number of Proxy votes being assigned to COPP endorsed candidates, we would ask that all COPP members follow this procedure:

IF YOU ARE VOTING YOURSELF (either via ballot or the web) Please do one of the following: We recommend that you read all of the BIO's very carefully and if you agree with COPP's recommendations of HALEMS & CUMMINGS, then please vote for HALEM & CUMMINGS for the respective Boards they are candidates for. If you are voting via the web, and ONLY if you have voted as requested above, please take a moment to send an email to roke_email@yahoo.com and confirm with him. Alternatively, you can send an email to 18775516887@poipuowners.org with the details - please send with the SUBJECT = Proxy Ballots - 2013 If you are voting via the snail-mail Ballot you received, and prior to mailing your "hard copy" Ballot, and if you have voted for COPP endorsed candidates, can you please FAX a copy of your completed ballot to 1-877-551-6887 IF YOU ARE ASSIGNING YOUR PROXY (either via ballot or the web) Please do one of the following: We recommend that you read all of the BIO's very carefully and if you agree with COPP's recommendations of HALEMS & CUMMINGS, then please ASSIGN your Proxy to RICH OKE who will attend the Annual Meeting and vote all Proxies in a block for our endorsed candidates. If you are voting via the web, and ONLY if you have voted as requested above, please take a moment to send an email to roke_email@yahoo.com and confirm with him what you have done. If you are ASSIGNING your PROXY via the snail-mail Ballot you received, and prior to mailing your "hard copy" Ballot, and if you have voted for COPP endorsed candidates, can you please do one of the following: FAX a copy of your completed ballot to 1-877-551-6887 Alternatively, you can scan your Ballot and send an email to 18775516887@poipuowners.org with the Ballot attached, this will also work. Please send with the SUBJECT = Proxy Ballots - 2013 IMPORTANT - if your assigning your Proxy to Rich Oke, and after faxing or otherwise emailing us, you STILL need to complete your Ballot either via on-line web or, completing an emailing it back to the required address.

NOTE: All Ballot voting or Proxy assignment must be completed prior to Feb 22/13 otherwise your vote will not count.

IMPORTANT - after sending COPP what you intend to do, you actually have to send your Ballot before the deadline or, complete the on-line Ballot option. COPP does not forward your intentions - we are merely trying to track them.

We respect the fact that your views might differ from those of our association (COPP) and this is fine. However, we do encourage you to express your thoughts and make an intelligent choice for our Board of Directors as it will be this group, that will be challenged to serve all of our collective interests. So, PLEASE VOTE. If this is all very confusing and if you need to chat with someone who can talk you through the process, you can contact Claire (one of our owners) to assist at either of the following: Phone Claire @ 303.646.3188 eMail Claire at savagecbob@q.com We will have additional information (and a picture of a Proxy Ballot) on our website at www.poipuowners.org soon so please check there for more details.


Robert H.

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