Meeting results

Summary of Special Board Meeting on 11/26/13

The Board agreed to waive notice of the meeting.

 Mickey Sanders was elected to a 6 month term to fill the vacancy left by Board Member, John James. Sanders will step down in May.  In May, there will be an election to fill the year term left vacant by James' resignation.

Executive Session Report

The Board agreed to accept the Settlement offer by the Trust. Miller will fine tune the agreement with the Trust this week. This means that the litigation over the Phase II lease redetermination is at an end.

Marianne Thesken

Business Manager

Kiahuna Plantation

2253 Poipu Rd | Koloa, HI  96756

(808)742-3521

Special teleconference of AOBO Board of Directors

Dear Homeowners,

There has been a slight change to the agenda for the  Special Teleconference of the AOBO Board of Director’s on Tuesday, November 26, 2013 at 4:30 PM PDT / 2:30 PM HST.

The Board will be discussing the resignation of Board Member, John James and the Phase II Landlease Redetermination Settlement, Board response to the 11/21 email  titled Owner Communication - KPR Pool  (Twin Bridges)  

They will adjourn to Executive Session once the meeting is called to order.

Attached is the meeting notice with call-in information.  A summary of the call will be sent via email following the call. The summary of the meeting will also be posted on the blog http://kiahunaowners.blogspot.com/ and the Association website. http://www.my-condo-info.com/Aloha-and-Welcome!~145288~14794.htm.

Should you have any questions, please do not hesitate to contact me.

Aloha,

Marianne Thesken

Business Manager | Kiahuna Plantation Resort

2253 Poipu Road  Koloa, HI  96756

(808)742-3521 direct line | (808)742-9015 fax

 D

AOBO response to homeowners' concerns re Twin Bridges pool

Dear Phase II Homeowners:

You recently received a letter from concerned owners in regards to the Twin Bridges Pool location vote. With all due respect to the owners of this letter we believe there are several errors and\or misunderstandings reflected in the letter.

1. This vote does not constitute permission to build a pool. In order to build a pool it will be necessary for another vote by all homeowners (67%) to approve both the actual location and the cost of building the pool as well as a vote (50%)authorizing the borrowing of money. This could be financed through a bank loan and/or a resort fee. The current vote does not give the Board carte blanche to build the pool. The vote is intended to determine if an alternative location in Phase II has the necessary approval of the Phase II owners to incur the cost of getting specific engineering, plans, and cost estimates.

It is true that if permission is received from Phase II to proceed with consideration of locating a pool in the Twin Bridges area there will be another vote which will include all Phases, not just Phase II. That vote will require approval of 67% of all members. It will not require approval of 67% of only Phase II owners.

2. No Board member owns a unit in Phase IIIA.  There is a Phase IIIB owner on the Board.

3. At the Board meeting there was a discussion of an advisory vote on a location in the twin bridges area. Ben spoke against it that saying that it would delay the process since we ultimately would have to get Phase approval of a location. That vote requires 67% approval. If this was a straw vote there would have been no statement about the necessary approval level and the fact a non-vote is a negative vote.

4. The straw vote was not how it was left at the conclusion of the meeting. All the Board members believe the motion was made and approved to seek Phase II permission to for an alternative pool site in the twin bridges area. The motion was to take this out as a vote of the Phase II owners not a straw vote. The goal was to know whether we could pursue a location in the twin bridges area before we incurred the expense to determine the exact location, its design and its costs. It was the Board's intent that we would probably solicit designs and costs for the base yard and for a twin bridges pool and then make a decision as to which one option to present to the owners. All of the Board members, Rental Committee Chairs and our two onsite rental agents reviewed the letter that was sent to Phase II owners and revisions were made based on their input.

5. Please keep in mind the objective is to find the best location that optimizes the return to all owners for the investment of time, disruption, and money to be invested in a pool construction project.

Sincerely,

The Board of Directors of the Association of Beachhouse Owners of Kiahuna Plantation

Ben Miller	Scott Tiraschi	Bill Falkenhainer	Kay Carey	Craig Price
President	Pool Committee Chair	Vice President	Secretary	Treasurer
Alan Hart	Roger Mullenhour	John James	Randy Nordstrom	Mickey Sanders
Director	Director	Director	Director	Ex Officio

Resignation

It is with deep regret that we must inform you that John James has submitted his resignation from the Board of Directors for personal reasons.

 We, the Board, are all sorry to see him go. He brought many new ideas to the table and was a tireless worker.  He has, fortunately, expressed a desire to continue to be available to the Association in a different capacity, for which we are very grateful.

We all wish John the very best.

Ballot

BALLOT OF PHASE II BEACHHOUSES REGARDING TWIN BRIDGES LOCATION SWIMMING POOL ON PHASE II

Ballots due before December 31, 2013

_______      I consent to the modification of the common elements of Phase II

                  to permit the construction of a swimming pool in the Twin Bridges

area of Phase II.

_______      I do not consent to the modification of the common elements of

Phase II to permit the construction of a swimming pool in the

Twin Bridges area of Phase II.

Unit #          ________            

Signature     ________________________________

Date            ____________________

Please mail to 2253 Poipu Rd Koloa, HI  96756, fax to 808-742-9015

or e-mail marianne.thesken@outrigger.com

Twin Bridges for the on-site pool?

Aloha Phase II Owners,

TWIN BRIDGES POOL LOCATION

YOUR PROPMPT ATTENTION AND VOTE

IS REQUESTED

The issue of having an on-site pool has come to a head.  Consistently, there has been overwhelming homeowner support for having a pool on the property.  When the lessees of the Kiahuna Swim and Tennis Club terminated their operation of the Club, the need for an on-site pool has been dramatically demonstrated. Efforts to obtain a temporary solution have so far been unsuccessful. We would still not have a pool on-site, even if that had worked out.

Efforts to achieve a long-term solution with the Swim and Tennis Club have shown that the costs would be prohibitive and would not address the need for an on-site pool. In addition, we would be subject to the vagaries of a third party as to the operation and maintenance of the pool and tennis club.

The Phase II owners approved locating a pool in the base yard in 2009.  That approval is currently in effect.  Nonetheless since that time, many people have expressed dissatisfaction with the base yard location, suggesting that a more central location would be a better alternative. 

There seems to be a universal objection to having the pool in the front lawn area close to the beach; that attribute seems to be a very unique and valuable aspect of Kiahuna allure.  That means that we need to consider other locations.

The lagoon was one such suggested area.  However, when we drained the lagoon for repairs, we discovered that there is saltwater intrusion into the lagoon, which presents significant problems in constructing a pool in that location. In addition, homeowners who voted on that possibility overwhelmingly rejected the pool in the lagoon.

As a result we are requesting that you consider voting for locating a pool and jacuzzi within the area of the Twin Bridges location. Precise location will depend on engineering design yet to be accomplished. The location is central to the property and it does not change the character of the great lawn fronting on the ocean.  Hours of operation and other rules should mitigate concerns regarding activity around a pool and jacuzzi.

According to the on-site rental agents, a centrally located on-site pool may give rise to an increase in room night rentals of 5-10%.  Location of the pool in the base yard would likely have a much less significant impact.

Enclosed are conceptual drawings to allow you to visualize what a feature pool and jacuzzi in this location might look like.  A final decision as to where to locate a pool either in the Twin Bridges area or the base yard and whether to construct a pool will be dependent on a final design and the cost of proposals and approval of two-thirds of all association members.  We will not incur these design expenses for a Twin Bridges location unless we have your permission to construct a pool and spa in that area. 

In our 2009 vote for a base yard pool, we estimated the cost of construction, landscaping, etc., would be approximately $1.5 million for a 2500 square foot pool.  Constructing a pool in the twin bridges area would allow for a larger pool, if we so choose.  The cost of a larger pool at Twin Bridges will be greater than the base yard estimate.  We do not have an estimate of the cost at this time on any pool size or design.  

The Board, the rental committees and the major rental companies all endorse the location of a feature pool in the Twin Bridges location.

We do not want to delay the construction of a pool, so we are requesting your approval of the twin bridges area as an alternative.  This vote needs to be received by December 31, 2013, so that we can focus our efforts on the design, approval, planning and the construction of an on-site pool without unnecessary delay.

Approval of a pool location requires an affirmative vote of two-thirds of the owners in the phase where the pool is proposed to be located. This vote does not authorize the construction of a pool or a final location, but it is necessary so an alternative location to the base yard can be considered.

PLEASE VOTE.   FAILING TO VOTE IS THE SAME AS VOTING NO ON THE PROPOSED TWIN BRIDGES AREA LOCATION.  .

Your prompt consideration and vote is requested.

Sincerely,

Benjamin F. Miller	William Falkenhainer	Kathryn Carey	Craig Price	Mickey Sanders
President	Vice President	Secretary	Treasurer	Ex Officio
Alan Hart	Roger Mullenhour	John James	Randy Nordstrom	Scott Tiraschi
Director	Director	Director	Director	Director

Denise Hart                Chris Gampon             John Nabors       Roy Thompson

RAB Chair                 GM Outrigger              ORC Chair         GM Castle

Pool site?

The Board voted unanimously to request a vote of Phase II owners for an additional pool location in the Twin Bridges area.  The letter, ballot and a pool concept drawing will be distributed this month for your vote.  When you receive the pool ballot, please promptly vote and return the ballot on this critical issue.

Any questions? Email Scott.Tiraschi@gmail.com

Scott is spearheading the Board's efforts for an on-site pool.

Thanks,

Randy

More meeting results

One of the other important topics of conversation at the AOBO meeting on Saturday was from Craig Price regarding the Finances.

There are some changes to the balance sheet necessitating an increase in the monthly dues.  There will be an increase of $69/month.  Primarily this is to compensate for the loss of income from Phase I towards their landscaping needs.  In addition, there was a reallocation of expenses between the AOBO and the rental hours by Outrigger, resulting in higher payments to Outrigger.

Pest Control expenses have also risen because there will be spraying on a monthly basis in the summer months when there seem to be more critters around!

Contact Craig Price (cepricenca@gmail.com) for any Finance questions.

The committee reports were very informative.  The AOBO has contracted for an infrastructure study of the entire property.  Scott Tiraschi (Scott.tiraschi@gmail.com) is overseeing this project.

Roger Mullenhour (roger@spencer-n-ross.com) has been extremely busy taking care of the installation of an additional barbecue, drainage issues on the property, new lighting and the parking problem along Poipu Road (parking close to the East entrance is prohibited).  He has also been investigating hybrid water heaters.

Alan Hart (alan.hart@comcast.net) has been monitoring insurance claims and has arranged for the renewal of our insurance policies.  He is encouraging owners to review their own personal coverage.  There is a copy of the recommendations on the AOBO web site:
 http://www.my-condo-info.com/Aloha-and-Welcome!~145288~14794.htm

There are also proposed changes to the House Rules regarding washer/dryers and other items considered high-risk.  I will scan the proposals and post them on the blog. I encourage everyone to submit their comments to Ben Miller. BMiller450@aol.com

I would like to let you know that the Trustee, John Horwitz, attended the AOBO meeting as well as the pot luck.  It was a great opportunity to meet someone from the Trust in person!

The next AOBO meeting is scheduled for Feb. 7-8 in San Francisco.

There are also three positions open on the AOBO Board, for election in May. Ben Miller and Bill Falkenhainer are retiring so their spots are open.  Scott Tiraschi is up for re-election.  There will be a Nominating Committee to try to solicit people to run.  Please consider running for the Board.  You can make a difference!

Please let me know if you have any questions or comments.

Randy Danto Nordstrom
Randy@kiahuna39.com

Pool update

The Trust has been negotiating with a couple of entities in an effort to arrive at a viable alternative for a pool at the KSTC location.

Most recently, the businessman John Suh (of Legal Zoom fame) offered to open the pool on a 12 month basis with an upfront cost of $50K for new furniture etc.  The monthly fee offered was approx. $160/month.  The costs would be re-evaluated after six months.

Mr. Suh was hoping to have the pool open by Dec. 15.

The AOBO Board took a vote and 4 board members were against opening the pool under these arrangements (Tiraschi, Mullenhour, Falkenhainer, Price).  Three members were in favor of opening the pool (Hart, Carey, Nordstrom).

So as of now, there are no plans to open the pool.  An inquiry is underway to evaluate other possible locations on the property, aside from the Baseyard. More information to follow.

Phase II Settlement

The AOBO Board met today and there were many important decisions.  I wanted to give you the first one that was resolved.

The Trust had offered to settle any and all remaining Phase II land lease redetermination issues, and the AOBO Board voted to approve the settlement.

The provisions of this settlement are that:

(1) As to all homeowners who pay or have paid the past due rent by January 10, 2014, the Lessors will waive all interest. They had previously requested an award of interest dating back to January 2012.

(2) As to all homeowners who have not paid the past due rent in full on or before January 10, 2014, the Lessors have offered a payment plan.  The details will be distributed to all Phase II homeowners who have yet to pay their past due balances.

(3) In exchange for the Trust waiving claims on interest for amounts paid by January 10, 2014, the AOBO will dismiss all pending legal appeals and/or motions with prejudice (which means that they will be dismissed permanently) arising out of the Lease redetermination.  No claims will be made for the payment of legal fees by either party.

(4)  The Trust will dismiss with prejudice any and all pending legal proceedings arising out of the Lease redetermination.

(5) There will be a full waiver of any and all claims by both sides relating to the Lease redetermination.

The AOBO feels that this is a fair resolution and that it is in everyone's best interest to put the legal proceedings to an end regarding the Phase II redetermination.

Please direct any questions to Ben Miller at bmiller450@aol.com

Randy

EFT for Landlease payments

Aloha Phase II and IIIB Owners,

Please note that Outrigger will no longer be billing monthly for landlease. Coupons will be used. Your EFT will continue as  usual.

·        The 2014 Coupons will be mailed to you in December.

·        Payments will be due on the first of every month.

·        Payments must be received in the Administration Office by the 15^th day of the month.

More information will follow as we get closer to the changeover. If you have any questions, feel free to contact Marianne.