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June 14, 2010
Dear Kepuhi Beach Resort Homeowner,
Enclosed are rough drafts of two documents the Board of Directors
have been working on.
The first is an AOAO lanai policy that was developed after gathering
the thoughts, opinions and suggestions of our homeowners through
the lanai survey conducted earlier this year. From those results
it was quite clear that the association membership overwhelmingly
want the lanais more controlled than they have been but not as
much as the rules currently call for. The Board has spent an enormous
amount of time trying to find the right balance that will protect
the appearance of the property but allow for homeowner’s
personal expression and enjoyment of their individual lanais.
The Board was very careful to tailor the policy so nearly all
items the membership majority wanted restricted are restricted
and those items the majority wanted permitted are permitted. Please
take the time to compare this draft lanai policy to the survey
results (also enclosed).
The second document is an updated set of House Rules. Most rules
are unchanged but some needed updated language to reflect changes
in AOAO policies as well as state and federal law.
Important: These two documents are only drafts. The Board has
not adopted either. We want to first get your feedback before
moving forward. Please carefully review and consider them, then
mail or email the Board with your comments and/or suggestions.
All input must be received by July 15, 2010 in order to be considered
before production of the next draft.
Mahalo in advance for your input!
Sincerely,
Aloha,
Jeff Kent
President, West Molokai Resort AOAO
Click
on the link below to see the Lanai Policy Draft
Lanai
Policy DRAFT
May
18, 2010
Dear West Molokai Resort Homeowner,
The Board of Directors held their spring meeting on Molokai on
April 12th. During that meeting we set a goal of making our property
look 15 years younger by this November’s annual meeting.
Most of the Board were on property for extended stays and a lot
of work was accomplished.
• Many new plants were installed, replacing the old and
dying throughout the property. This included 4 new fruit trees.
• The entire grounds were fertilized.
• The parking lot sign project was completed.
• The entire irrigation system was tested, adjusted and
repaired.
• An Automated External Defibrillator was purchased and
installed on the AOAO office lanai (unit #1171).
The minutes for the April 12th meeting with attachments are enclosed.
The most striking information to report is the incredibly strong
financial position of our AOAO. Our reserves are now 100% fully
funded and we continue to run surpluses nearly every month. Add
to this the $75,000 award from the arbitrator and full reimbursement
of our legal fees and we are in a very healthy situation.
The down side is the swimming pool has not yet reopened. The strategy
is still to reopen it on a temporary basis for 4 or 5 months while
permitting for the full restoration is working its way through
the county. Unfortunately, even the temporary permit is taking
longer than expected. Currently we are waiting for the Department
of Health to give the plan their blessing. That could come any
day and once achieved it shouldn’t take more than 30 days
to reopen. The Hotel Lot landscaping restoration is progressing
slowly but surely. I will be returning to Molokai in mid June
to offer face to face encouragement for MPL to fulfill their common
area obligations.
There are a lot of improvements underway and many more planned.
Please join us the second week in November at the annual homeowner’s
meeting during which we will celebrate our rejuvenated and restored
shared piece of paradise.
Aloha,
Jeff Kent
President, West Molokai Resort AOAO
January
22, 2010
Dear
West Molokai Resort Homeowner,
It has been a month since our stunning arbitration victory, and
we are beginning to see small indications of activity around
the Hotel Lot. We have yet to receive any firm plan or commitment
on time frame so we are likely looking at a long
restoration process. Obviously reopening the pool is our primary
objective and MPL has started to clean it up.
It is still unknown what repairs will be needed and how long that
will take. I will be on property the first week of February
to investigate the situation and begin a photo catalogue to document
the restoration process. A lot of you have been
writing with questions that I can not answer yet. I hope to know
more soon so please be patient with me for a little while longer.
Attached are the draft minutes of our November Board of Directors
meeting. Since then we
have undertaken a lot of activity.
• Ellyn has initiated a new crew task list and a process
for monitoring quality and project completion.
• New signage for the parking lots has been purchased and
will be posted in the next few weeks.
• New B.B.Q. grills and “rocks” have been installed
and a more thorough cleaning procedure has been instituted.
• A new clothes dryer and hot water boiler have been installed.
• 38 of the Ranch coconut trees which hang over our common
areas were trimmed (paid for by private donation).
• A Sun shade was installed on the internet hotspot lanai.
• The Board has instituted an owner notification system
for utility outages where power or water will be turned off for
more than 24 hours. Mike Jennings will notify Ellyn Dooley and
she and Barbra Kyte will call the owners
in that building to inform them of the situation.
• The Board drafted a long list of repairs in November which
is well on its way to completion including; lights,
B.B.Q., building, plumbing, and ground repairs.The Board continues
to investigate and work on various
homeowner suggestions made at the annual meeting and we expect
to report more on those in the coming months.
A lot of great things have happened and many more are coming soon.
The rebirth of our resort is beginning
and we all share a brighter future in paradise.
Aloha,
Jeff Kent
President, West Molokai Resort AOAO
September
10, 2009
Aloha West Molokai Resort Homeowners:
Re: Annual Meeting of your Association (November 14th, 2009).
To update you on the litigation between the Ranch and the AOAO,
the arbitration hearing occurred without further continuance on
August 31st, September 1st, and September 3rd. Both sides presented
their cases through five witnesses each and hundreds of exhibits
that were entered into evidence. The formal proceedings are now
over but closing arguments will occur during the next few weeks
through a series of written filings back and forth. Once those
are submitted, the judge will likely take up to three weeks to
issue a ruling so we are looking at sometime early to mid October
for the final result.
The hearings went as well as we could have hoped. Our case came
out very strong where the Ranch’s case was weak and convoluted.
Jeff feels hopeful that a victory is coming for the AOAO but how
big a victory is still being decided. A full report on our success
will be provided sometime in October with further discussion at
the Homeowner’s Annual Meeting in November.
Those planning on attending the Board and Homeowner’s Meetings
in November will be pleasantly surprised by a few changes mostly
as a result of requests made at last year’s Homeowner’s
Meeting. First, the board has purchased nice Adirondack chairs
placed strategically on the grounds as a beginning toward resort
enhancement. A new, large aesthetic bench will have been installed
in between cottages 5 and 6 so owners and guests who are unable
or prefer not to walk to the beach for sunset can sit and enjoy
the view. Those attending the meeting may be able to participate
in discussing other ideas that will be presented to ‘beautify’
our grounds in addition to offering enhanced opportunities for
socializing, outdoor game areas, and more.
Another item implemented from last year’s meeting is the
opening of the internet hotspot on the lanai of the AOAO office
(1171). Two tables with several chairs have been set up with plug-ins
available for several computers. Quiet hours must continue to
be observed. To keep noise to a minimum, Skyping or other loud
conversation will not be allowed. This will be disruptive to the
surrounding neighbors. How to get set up and access the system
will be described later.
Most importantly at this time, please find enclosed the information
for the board meeting, homeowner’s meeting, and additional
events’ calendar. We hope you are planning to attend. If
so, enclosed are reservation forms for the various events which
must be returned timely. However, if you are unable to attend,
also enclosed are proxy ballots which can be returned as described
in the self addressed, stamped envelope. The board thanks you
for all your support throughout a most difficult year and looks
forward to seeing as many of you as possible at the annual meetings
in November.
Mahalo nui loa,
Kepuhi Beach Resort Board
July,
2009
Dear West Molokai Resort Homeowners:
The Board, along with Mike and the crew, has been very busy over
the past month. As you know, we have been keeping
you apprised of the ongoing Cross Easement litigation with MPL.
In June, the Judge ruled in our favor on two critical
points: that MPL must maintain the Hotel Lot and that MPL must
give access to the AOAO to all of the Hotel Lot which
includes the pool. However, missing from the results of the hearing
was to what degree MPL must maintain the property
(including the pool) and when we would be allowed access. Both
sides are gathering documents and scheduling
depositions in preparation for the arbitration hearing set for
the end of July. As expected, MPL is doing all that it can to
complicate the process, however we remain optimistic that we will
achieve our goal of reopening the pool and restoring the
Hotel property to a respectable condition for all to enjoy. With
the hearing scheduled so late in July, we expect to be
apprised of the results in late August.
Barbara Kyte will serve as an interim director on the West Molokai
Association Board of Directors representing the AOAO
and joining the other representatives from the west end to serve
our interests in the discussions regarding water, sewer,
access, and more.
In response to the Internet Services questionnaire, which was
sent to all homeowners, we collected the following results:
Number of owners who want the package: 37
Number of owners who prefer a hot spot: 20
Number of owners who prefer to pair up: 7
There was insufficient interest to pursue the Oceanic Internet/Cable
TV option as we needed 2/3 of the owners to subscribe.
Those owners who would like to share services can contact each
other to make those arrangements. The Board will
continue to discuss the hotspot option, taking into consideration
the comments returned on the questionnaire.
All fire boxes are now fully outfitted and equipment obtained.
If you have not participated in a fire drill or orientation to
the fire boxes, please make time and arrange to do so with Mike
during your next visit. You will not regret doing so! In
addition, work continues on painting, stair replacement, new plants
for the grounds, and light timers to conserve energy.
The coconut palms have been trimmed and new BBQ components installed
as well as a new washer and dryer in building
16.
Due to a change in the late fee amount that was instituted by
a former Board, we have updated the Collection Policy to
reflect that change. After presenting this at our March 20 Board
meeting, we recognized the need to do some “wordsmithing.”
Our attorneys have reviewed and approved this revision. Enclosed
is the updated Collection Policy effective
August 15, 2009 for your review and records. This document will
be included with all late notices that are sent to owners.
Reminders: Reports are coming in that some of the lanais are not
conforming to the House Rules – please be mindful about
keeping extraneous items off the lanais. In addition, if you are
in the process of starting a remodel, please check the
guidelines on the web site or contact a Board member for the required
process prior to beginning the work.
We will continue to keep you informed of Board actions and the
Cross Easement Arbitration as there is news to report. We hope
you all had an enjoyable holiday and are having a great summer.
With aloha,
Your AOAO Board
PS We would like to take the opportunity to thank
Jeff Kent for his undying
support and tireless hours working on the Cross Easement Litigation,
including a recent 4 hour deposition in Honolulu!
SAVE THE DATES!
November 12, 13, and 14
HOMEOWNER’S POTLUCK, BOARD
MEETING, AND ANNUAL
HOMEOWNER’S MEETING
ENTERTAINMENT, GAMES, FUN, AND
GOOD TIMES WITH OTHER
HOMEOWNERS
MARK YOUR CALENDARS, MAKE
YOUR ARRANGEMENTS NOW!
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, Franklin, Mike, Hermie, Rodney
P.O. Box 58, Maunaloa, Molokai, Hawaii, 96770
Telephone 808.552.2313
www.kepuhibeachresort.com
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