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May 5, 2009
Dear West Molokai Resort AOAO Homeowner,
The Draft minutes for the Board of Director’s meeting of
March 20, 2009 are posted on the Special
Events Page. It was a great meeting with positive participation
by many homeowners. Our property looks outstanding as a result
of our crew’s extra effort and the moist blessings of Mother
Nature. Unfortunately, the Hotel common areas have not improved.
The only news to report on the legal front is the arbitration
hearings are now scheduled. There is a hearing in May on our Motion
for Summary Judgment which we hope will at least start the process
leading to reopening the swimming pool.
It’s possible Summary Judgment could be granted outright
but more likely the arbitrator will provide partial relief and
carry forward with the process. There are
various discovery deadlines in June and July all leading up to
the two day arbitration on July 27 and 28, 2009. I will keep you
posted of any major developments. (If you haven’t provided
me your e-mail addresses…please send me a message at
jeffkent@interlube.com.)
The internet committee is still working on a package deal for
internet and cable service but at least 50 people must sign up
as a block and the exact terms and billing process are not yet
fully known. Hopefully we will have more to report next month.
Important Dates: The fall Board of Director’s meeting will
be on Friday, November 13, 2009 and the Homeowner’s annual
meeting will be Saturday, November 14, 2009. Mahalo to everyone
for your support and patience during the past few months of challenging
surprises. Your Board has been very busy and we remain committed
to preserving and enhancing our shared piece of paradise.
Aloha,
Jeff Kent
President, West Molokai Resort AOAO
February
23, 2009
Dear West Molokai Resort Homeowners,
We have reported to you on numerous occasions that the Ranch,
aka Molokai Properties Limited (MPL), has breached the Cross Easement
Agreement currently in place with our association. Recently the
Ranch has become increasingly belligerent and on February 3, 2009
they took another step toward confrontation by closing our swimming
pool in the Kaluakoi common area. The Department of Health had
required a backwash system installation and our AOAO agreed to
pay for our share per the Cross Easement Agreement. Instead of
paying their share the Ranch unilaterally closed the pool.
The AOAO Board immediately volunteered to take over maintenance
of the pool and bring it into compliance with the DOH. The Ranch
refused this offer and hardened their position even further by
declaring they were no longer willing to participate in any cost
of maintaining the swimming pool or the surrounding common area.
In fact, now the Ranch has taken the position that our association
has no right to use the pool, even if we maintain it ourselves.
The Cross Easement Agreement between the AOAO and the Ranch clearly
and absolutely grants us access and use rights to the pool and
all the Hotel Lot common areas.
The AOAO Board of Directors have been forced to make a major
decision...either accept permanent closure of the swimming pool
and abandonment of the common areas or file suit and force the
Ranch into compliance with the Cross Easement Agreement. The Board
voted unanimously to file suit in the form of a declaratory relief
action. This occurred in Circuit Court on Maui, February 17, 2009.
While this dispute works its way through the court system, the
AOAO will continue to do everything possible to gain access to
the equipment and facilities to re-open and maintain the pool
ourselves.
There have been rumors about the pool being drained and filled
with sand. That is our greatest concern and we are taking every
action possible to stop that from happening. Hopefully we can
convince the Ranch management that letting us reopen and maintain
the pool will be easier and less costly than the damages they
will incur by continuing their current strategy.
We will continue our efforts and try to keep everyone informed
as events unfold.
Sincerely,
Jeff Kent
President, West Molokai Resort AOAO
Important Notice:
The next AOAO Board Meeting
will be March 20, 2009 on Kepuhi Beach Resort Property.
Time and location will be
posted the week prior.
February
3, 2009
Dear West Molokai Resort Homeowners,
Today the Molokai Ranch took another step toward confrontation
with our association by closing our swimming pool in the Kaluakoi
common area. The Department of Health had required a backwash
system installation and our AOAO agreed to pay for our share per
the Cross Easement Agreement. Instead of paying their share the
Ranch unilaterally closed the pool.
Our Management Board and attorneys are looking into our options
and planning our response.
Please understand that we know how important the common area
and swimming pool are to our owners, guests and rental partners.
The AOAO will do what ever we can, as quickly as we can, to bring
our pool back into use.
Sincerely,
Jeff Kent
President, West Molokai AOAO
January 12, 2009
Dear West Molokai Resort Condominium Homeowners
Hau’oli Makahiki Hou!
(Happy New Year)
As we wave goodbye to the challenging year of 2008 and look forward
to a better 2009 let’s all remember what a special place
we own together and recommit ourselves to further enhancing our
shared piece of paradise.
Your AOAO Board of Directors have a variety of activities planned
for 2009, including:
• Increased building maintenance and repairs.
• Increased grounds maintenance and property beautification.
• Develop and institute a comprehensive utility conservation
program.
• Improve property signage in parking lots and pool area.
Resolve the Cross Easement dispute with the Ranch and improve
the condition of our common areas.
Our relationship with the Ranch continues to be very difficult.
Improvements in landscaping occurred during October, November
and December. However, recent correspondence from the Ranch has
been aggressive and unyielding. The swimming pool requires a structural
upgrade per the Department of Health which the Ranch is unwilling
to participate in. Their position is in direct conflict with our
legally binding cross-easement. The AOAO Board will continue to
remain firm in our negotiations to insure compliance with the
cross easement.
Enclosed are minutes from the November Annual meeting and the
Board of Directors meetings.
Sincerely,
Jeff Kent
President, West Molokai Resort AOAO
AOAO Board
Mike, Ellyn, Jeff, Barb, Dale, Bob
AOAO Crew
Chris, Reuben, Franklin, Mike, Hermie, Rodney
P.O. Box 58, Maunaloa, Molokai, Hawaii, 96770
Telephone 808.552.2313
www.kepuhibeachresort.com
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