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Kaanapali vote to offer 33 units as float

taffy19

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Why are they sending this to us if it doesn't affect the 1 or 3 BR condos? I would like to know.

Are they hoping that the 1 and 3 BR condo owners are going to send these proxies back too so that they will reach the quorum that they need? We are not sending anything in because we do not want our original purchase changed in any way.
 

taffy19

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Walnut I think the struck through section of the amendment that made he believe we'd lose fixed weeks on sale was added back in 3.2(d)- see the attached.
Can someone please explain what these clauses mean in simple English?

I have tried to read them over and over again and especially the text in the image on the right? Thank you. :confused:

PS. See post #105 where the images are visible.
 

Bill4728

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Everyone seems to believe that all owners will have the same voting rights (ie one vote per week owner) BUT as I saw in the Club Intrawest (CI) vote last year there may be things in the master agreement which vastly favor the developer. In the case of the CI vote where more than 90% of the resorts were sold. the master agreement allowed any developer votes to be counted as 15 times more than plain owner votes. So the developer was able to vote in a "new developer" basically without the support of the owners.

I'm not sure if this is what is happening at the Hyatt but these master agreements are written to favor the developer.
 

WalnutBaron

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Does anyone have the numbering for the units at Ka'anapali?
Kal, see post #122. Hopefully gdonner can forward it to you.
 

Kal

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I'm actually looking for the numbering convention so I can determine the locations of those units.
 

taffy19

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Everyone seems to believe that all owners will have the same voting rights (ie one vote per week owner) BUT as I saw in the Club Intrawest (CI) vote last year there may be things in the master agreement which vastly favor the developer. In the case of the CI vote where more than 90% of the resorts were sold. the master agreement allowed any developer votes to be counted as 15 times more than plain owner votes. So the developer was able to vote in a "new developer" basically without the support of the owners.

I'm not sure if this is what is happening at the Hyatt but these master agreements are written to favor the developer.
Thank you, Bill, but how do we get a hold of the Master Agreement? I don't even know what it is exactly because I have no legal background or enough timeshare knowledge but I have always trusted that American timeshare developers do things legally and are upfront with us but my trust has gone out of the window when they sold us something that they were in the process of selling to another company but didn't disclose it or mentioned it.

I wonder too if they changed the purchase documents afterwards, when the sale was completed, so can do these things legally but do not tell us all the changes that they are planning already to make. The more people are warned, the better!

Why did we have to send our proxy in if we are supposedly not affected at all in the 1 and 3 BR condos? This doesn't make sense to me unless they wanted to get as many proxy forms back from the people who do not read the fine print. I am so suspicious now that we will get another big surprise later.
 

ocjohn

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just received this
 
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ocjohn

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You recently received a packet in the mail outlining a proposed second amendment to your association Declaration.

Maui Timeshare Venture, LLC (“Developer”) and the entire Hyatt Residence Club team remain committed to the quality of Hyatt Residence Club Maui, Ka’anapali Beach (“HKB”), and the timeshare experience the existing HKB owners have come to count on.

Below are answer to questions we have been receiving related to the proposed Second Amendment to the Declaration.

Your feedback is important to us. Please use the form enclosed in your packet (or download here) and send in your vote by 10:00 a.m. Hawaii Time on Tuesday, August 1, 2017.

Should you have questions, please feel free to contact me directly via phone at +1 727.803.9497 or email at lisa.trosset@hyattvoi.com.

Sincerely,

Lisa Trosset
Vice President - Compliance, Closing, and Loan Administration

Questions & Answers

1. Why is the amendment being proposed?
We have received many requests for more flexibility from potential purchasers who loved the resort but could not commit to vacationing there during the same week each year. The proposed amendment is being offered as an alternative for these purchasers. The proposed addition of the float use plan will not affect the guaranteed reservation rights that our existing HKB owners enjoy under the current use plan.

2. What does the proposed amendment do?
The proposed amendment creates a new use plan for 33 two-bedroom units which are built, but not yet included, in the HKB Vacation Owners’ Association. None of the interests in these 33 units have previously been offered for sale, so there are no reservation rights for these units today. Purchasers in the new use plan will be able to book their week stay reservations on a floating basis rather than a fixed week program. These purchasers will be owners of the HKB Vacation Owners’ Association and members of Hyatt Residence Club on the same basis as our current fixed week owners.

3. Do I have a right to vote on this amendment if I own a 1- or 3-bedroom unit?
Yes, all owners have a right to vote.

4. Can the Developer change the use plan on the interval that I have already been deeded?
No. Your fixed week rights are protected by the timeshare declaration which provides that the timeshare plan documents may not be amended without the written consent of an Owner to materially diminish an Owner’s ownership rights or to change an Owner’s fixed week rights.

5. Will my annual assessment change as a result of the change?
Your assessments will not change as a result of the new use plan. The annual HKB Vacation Owners’ Association budget is divided equally among all timeshare interests in the same resort unit type, regardless of the specific use plan.

6. How will units be assigned if the amendment is approved?
Units today are reserved by owners during their Home Resort Preference Period and are based on the fixed week and resort unit type owned (resort unit types are based on the type of unit and the floor band). When assigning a unit for an owner’s use, we give consideration to the order in which reservations are made and any special requests. This process will not change as a result of the new use plan.

With the addition of the 33 units, there will, of course, be more units available for reservations, but also additional owners seeking reservations. The proposed amendment sets aside the number of reservations required in each resort unit type to fully accommodate such fixed week owners’ reservation rights. Section 3.6(d) of the proposed amendment provides that all fixed week owners will continue to be able to make a reservation for their fixed week during their Home Resort Preference Period by restricting the number of reservations available to floating timeshare interest owners during this period.

7. How can I transfer my ownership from my current fixed week product to the new float week product?
There will be some availability for owners to transfer from the fixed week use plan to the new float week use plan, if they find it to be more desirable. For specific information, please contact the Sales Department at +1 808.662.4700

8. Is there a plan to sell HKB to another developer?
There is no plan to sell HKB inventory to another developer.

9. Is the intent to create this new use plan so that the 33 units can be put into the new Hyatt Residence Club Portfolio Program?
No. The Developer has designed the new use plan to respond to the many requests we received from interest purchasers who loved the resort but could not commit to vacationing at the resort during the same week each year. We intend to sell these new timeshare interests to new purchasers at the HKB property, who will be owners of the HKB Vacation Owners’ Association and members of Hyatt Residence Club on the same basis as our current fixed week owners.

10. If the amendment is approved, which units will go into the new use plan?
Please is a list of the unit numbers and locations for the 33 units:
8 units on Floor 4 (3404 - 3411)
4 units on Floor 7 (3708 - 3711)
9 units on Floor 8 (3803 - 3811)
4 units on Floor 11 (4115 - 4118)
8 units on Floor 12 (4121 - 4128)
 

vacationtime1

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If nothing else, Hyatt is skimming units located on high floors for this floating weeks program.
 
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Tucsonadventurer

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You recently received a packet in the mail outlining a proposed second amendment to your association Declaration.

Maui Timeshare Venture, LLC (“Developer”) and the entire Hyatt Residence Club team remain committed to the quality of Hyatt Residence Club Maui, Ka’anapali Beach (“HKB”), and the timeshare experience the existing HKB owners have come to count on.

Below are answer to questions we have been receiving related to the proposed Second Amendment to the Declaration.

Your feedback is important to us. Please use the form enclosed in your packet (or download here) and send in your vote by 10:00 a.m. Hawaii Time on Tuesday, August 1, 2017.

Should you have questions, please feel free to contact me directly via phone at +1 727.803.9497 or email at lisa.trosset@hyattvoi.com.

Sincerely,

Lisa Trosset
Vice President - Compliance, Closing, and Loan Administration

Questions & Answers

1. Why is the amendment being proposed?
We have received many requests for more flexibility from potential purchasers who loved the resort but could not commit to vacationing there during the same week each year. The proposed amendment is being offered as an alternative for these purchasers. The proposed addition of the float use plan will not affect the guaranteed reservation rights that our existing HKB owners enjoy under the current use plan.

2. What does the proposed amendment do?
The proposed amendment creates a new use plan for 33 two-bedroom units which are built, but not yet included, in the HKB Vacation Owners’ Association. None of the interests in these 33 units have previously been offered for sale, so there are no reservation rights for these units today. Purchasers in the new use plan will be able to book their week stay reservations on a floating basis rather than a fixed week program. These purchasers will be owners of the HKB Vacation Owners’ Association and members of Hyatt Residence Club on the same basis as our current fixed week owners.

3. Do I have a right to vote on this amendment if I own a 1- or 3-bedroom unit?
Yes, all owners have a right to vote.

4. Can the Developer change the use plan on the interval that I have already been deeded?
No. Your fixed week rights are protected by the timeshare declaration which provides that the timeshare plan documents may not be amended without the written consent of an Owner to materially diminish an Owner’s ownership rights or to change an Owner’s fixed week rights.

5. Will my annual assessment change as a result of the change?
Your assessments will not change as a result of the new use plan. The annual HKB Vacation Owners’ Association budget is divided equally among all timeshare interests in the same resort unit type, regardless of the specific use plan.

6. How will units be assigned if the amendment is approved?
Units today are reserved by owners during their Home Resort Preference Period and are based on the fixed week and resort unit type owned (resort unit types are based on the type of unit and the floor band). When assigning a unit for an owner’s use, we give consideration to the order in which reservations are made and any special requests. This process will not change as a result of the new use plan.

With the addition of the 33 units, there will, of course, be more units available for reservations, but also additional owners seeking reservations. The proposed amendment sets aside the number of reservations required in each resort unit type to fully accommodate such fixed week owners’ reservation rights. Section 3.6(d) of the proposed amendment provides that all fixed week owners will continue to be able to make a reservation for their fixed week during their Home Resort Preference Period by restricting the number of reservations available to floating timeshare interest owners during this period.

7. How can I transfer my ownership from my current fixed week product to the new float week product?
There will be some availability for owners to transfer from the fixed week use plan to the new float week use plan, if they find it to be more desirable. For specific information, please contact the Sales Department at +1 808.662.4700

8. Is there a plan to sell HKB to another developer?
There is no plan to sell HKB inventory to another developer.

9. Is the intent to create this new use plan so that the 33 units can be put into the new Hyatt Residence Club Portfolio Program?
No. The Developer has designed the new use plan to respond to the many requests we received from interest purchasers who loved the resort but could not commit to vacationing at the resort during the same week each year. We intend to sell these new timeshare interests to new purchasers at the HKB property, who will be owners of the HKB Vacation Owners’ Association and members of Hyatt Residence Club on the same basis as our current fixed week owners.

10. If the amendment is approved, which units will go into the new use plan?
Please is a list of the unit numbers and locations for the 33 units:
8 units on Floor 4 (3404 - 3411)
4 units on Floor 7 (3708 - 3711)
9 units on Floor 8 (3803 - 3811)
4 units on Floor 11 (4115 - 4118)
8 units on Floor 12 (4121 - 4128)
Interesting because I was told directly by some regional sales manager at Pinon Pointe, who was in the process of going through training on the portfolio program, that Hawaii would later be added to the program after most of the units were sold. Unless he said that to entice us to join the portfolio program. Hmmm, no wonder this is confusing.
 

lizap

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Interesting because I was told directly by some regional sales manager at Pinon Pointe, who was in the process of going through training on the portfolio program, that Hawaii would later be added to the program after most of the units were sold. Unless he said that to entice us to join the portfolio program. Hmmm, no wonder this is confusing.

HKB was never intended to be a part of the portfolio program. Sounds like the PP salesperson was trying to make a sale.
 

taffy19

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You recently received a packet in the mail outlining a proposed second amendment to your association Declaration.

Maui Timeshare Venture, LLC (“Developer”) and the entire Hyatt Residence Club team remain committed to the quality of Hyatt Residence Club Maui, Ka’anapali Beach (“HKB”), and the timeshare experience the existing HKB owners have come to count on.

Below are answer to questions we have been receiving related to the proposed Second Amendment to the Declaration.

Your feedback is important to us. Please use the form enclosed in your packet (or download here) and send in your vote by 10:00 a.m. Hawaii Time on Tuesday, August 1, 2017.

Should you have questions, please feel free to contact me directly via phone at +1 727.803.9497 or email at lisa.trosset@hyattvoi.com.

Sincerely,

Lisa Trosset
Vice President - Compliance, Closing, and Loan Administration

Questions & Answers

1. Why is the amendment being proposed?
We have received many requests for more flexibility from potential purchasers who loved the resort but could not commit to vacationing there during the same week each year. The proposed amendment is being offered as an alternative for these purchasers. The proposed addition of the float use plan will not affect the guaranteed reservation rights that our existing HKB owners enjoy under the current use plan.

2. What does the proposed amendment do?
The proposed amendment creates a new use plan for 33 two-bedroom units which are built, but not yet included, in the HKB Vacation Owners’ Association. None of the interests in these 33 units have previously been offered for sale, so there are no reservation rights for these units today. Purchasers in the new use plan will be able to book their week stay reservations on a floating basis rather than a fixed week program. These purchasers will be owners of the HKB Vacation Owners’ Association and members of Hyatt Residence Club on the same basis as our current fixed week owners.

3. Do I have a right to vote on this amendment if I own a 1- or 3-bedroom unit?
Yes, all owners have a right to vote.

4. Can the Developer change the use plan on the interval that I have already been deeded?
No. Your fixed week rights are protected by the timeshare declaration which provides that the timeshare plan documents may not be amended without the written consent of an Owner to materially diminish an Owner’s ownership rights or to change an Owner’s fixed week rights.

5. Will my annual assessment change as a result of the change?
Your assessments will not change as a result of the new use plan. The annual HKB Vacation Owners’ Association budget is divided equally among all timeshare interests in the same resort unit type, regardless of the specific use plan.

6. How will units be assigned if the amendment is approved?
Units today are reserved by owners during their Home Resort Preference Period and are based on the fixed week and resort unit type owned (resort unit types are based on the type of unit and the floor band). When assigning a unit for an owner’s use, we give consideration to the order in which reservations are made and any special requests. This process will not change as a result of the new use plan.

With the addition of the 33 units, there will, of course, be more units available for reservations, but also additional owners seeking reservations. The proposed amendment sets aside the number of reservations required in each resort unit type to fully accommodate such fixed week owners’ reservation rights. Section 3.6(d) of the proposed amendment provides that all fixed week owners will continue to be able to make a reservation for their fixed week during their Home Resort Preference Period by restricting the number of reservations available to floating timeshare interest owners during this period.

7. How can I transfer my ownership from my current fixed week product to the new float week product?
There will be some availability for owners to transfer from the fixed week use plan to the new float week use plan, if they find it to be more desirable. For specific information, please contact the Sales Department at +1 808.662.4700

8. Is there a plan to sell HKB to another developer?
There is no plan to sell HKB inventory to another developer.

9. Is the intent to create this new use plan so that the 33 units can be put into the new Hyatt Residence Club Portfolio Program?
No. The Developer has designed the new use plan to respond to the many requests we received from interest purchasers who loved the resort but could not commit to vacationing at the resort during the same week each year. We intend to sell these new timeshare interests to new purchasers at the HKB property, who will be owners of the HKB Vacation Owners’ Association and members of Hyatt Residence Club on the same basis as our current fixed week owners.

10. If the amendment is approved, which units will go into the new use plan?
Please is a list of the unit numbers and locations for the 33 units:
8 units on Floor 4 (3404 - 3411)
4 units on Floor 7 (3708 - 3711)
9 units on Floor 8 (3803 - 3811)
4 units on Floor 11 (4115 - 4118)
8 units on Floor 12 (4121 - 4128)
Thank you ocjohn but we didn't receive this in the mail or by email either but we do not own a 2 BR condo so it will not affect us, supposedly, but why did they send the proxy form to us to send back to them? They needed a quorum so they wanted our votes too. Read what is posted in post #129 in this thread as we may end up with some other big surprises later.

Some of us understood that 33 condos (last Phase) were going to be sold as floating condos but it looks to me like they are the highest floors in most bands so it are the present 2 BR condo owners who are going to be losing the opportunity to request these higher floors in their own tower where they bought, I believe.

If they want to go during another week but still want to end up in a higher floor, they will have to give up their choice week but may end up in a lower floor here or convert or exchange to the new floating week program. How is that going to be handled? I still believe that the end goal is, even at this resort, to belong to the new program that they are rolling out slowly.

Those type of plans have different tiers of owners and some can reserve much earlier if they own more points and request the best views too even in our tier of 1 BR condos, I believe.

Read what some VSE owners are complaining about already that they cannot occupy the 1 BR condo in Nanea that they recently purchased so have to use star options to occupy a 1 BR next door. I am aware that not all 1 BR condos are built yet but the competition seems to be fierce already for 2 BR owners to stay longer and downgrade to a 1 BR condo to stretch the points and there aren't enough 1 BR condos. We may get the same problem in our resort too in the 1 BR condos.

I also would like to know why this information wasn't shared with us before what floors are going to end up in the floating week program? Some owners may have decided not to send in their proxy form if they were aware of that fact but now it is too late if they sent it in already.

John and later owners may not have received a copy of the first amendment either because you weren't owners yet at this resort but we never received it either unless this paperwork is the first amendment? We bought long before it was built by a different developer. I asked the other day why the first amendment wasn't sent to us and the answer was that it wasn't necessary because we didn't have to vote on it. We don't even know if that was before or after the sale of the HRC. I asked this person to send me a copy of it and he promised to do so two weeks ago. We didn't even know that there was a Board nor did we get anything about the "old business" either. I believe that we received two newsletters in total so far.

Please, read this old thread that TUGBrian posted over two years ago and you may not be so trusting anymore either that they cannot touch you if you own a fixed week/unit once their plan is to go ahead with the Hyatt Residence Club Portfolio Program.

New florida bill SB932: non-consumer friendly Timeshare law changes
House Bill 453 / Senate Bill 932 seems to have a good bit of contentious issues within it as it relates to timeshares.......

Thread by: TUGBrian, Mar 12, 2015, 80 replies, in forum: US - Florida Timesharing

Once this new program owns 50% of the trust, they can amend the CC&Rs just like they are planning to do at our resort in Maui and have a new set of rules to make reservations for everyone. I believe that this is the goal of all the big timeshare developers all along so they have total control over what we own and ARDA was a big help to them trying to get these bills passed.

This is even my worry next door at the Marriott now too where we own a fixed week/unit. One good thing for you is that they are about eight years ahead of you so you don't have to worry about it yet.
 
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ocjohn

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Hyatt Residence Club Incline Village (Lake Tahoe)
Vidanta Kingdom of the Sun (maybe, someday), Grand Luxxe now
From: Adam Alexander <Adam.Alexander@hyattresidenceclub.com>
Date: Tue, Aug 1, 2017 at 2:58 PM
Subject: Hyatt Residence Club Maui / Floating Plan Update
To:


Aloha Hyatt Residence Club Maui Owner,


The proposed amendment to release the remaining unsold 33 2-bedroom units as floating units was approved by a majority of the Maui owners. Next, these 33 units will be registered with the State of Hawaii, and then they will be released for sale.

The floating plan will not affect a fixed week owner's guaranteed reservation or guaranteed view category. There are no changes to the fixed week reservation plan. Fixed week owners will continue to reserve their guaranteed Maui week during their Home Resort Preference Period (HRPP) - 12 to 6 months prior to their guaranteed week.

Please feel free to contact me with any questions.

Aloha,


-------------------------------
Adam Alexander
Sales Operations Manager
Ka'anapali Beach - A Hyatt Residence Club
180 Nohea Kai Dr, Lahaina, HI 96761
tel. 808-662-4706

http://kaanapalibeach.hyatt.com
 

lizap

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From: Adam Alexander <Adam.Alexander@hyattresidenceclub.com>
Date: Tue, Aug 1, 2017 at 2:58 PM
Subject: Hyatt Residence Club Maui / Floating Plan Update
To:


Aloha Hyatt Residence Club Maui Owner,


The proposed amendment to release the remaining unsold 33 2-bedroom units as floating units was approved by a majority of the Maui owners. Next, these 33 units will be registered with the State of Hawaii, and then they will be released for sale.

The floating plan will not affect a fixed week owner's guaranteed reservation or guaranteed view category. There are no changes to the fixed week reservation plan. Fixed week owners will continue to reserve their guaranteed Maui week during their Home Resort Preference Period (HRPP) - 12 to 6 months prior to their guaranteed week.

Please feel free to contact me with any questions.

Aloha,


-------------------------------
Adam Alexander
Sales Operations Manager
Ka'anapali Beach - A Hyatt Residence Club
180 Nohea Kai Dr, Lahaina, HI 96761
tel. 808-662-4706

http://kaanapalibeach.hyatt.com

Oh well...
 

WalnutBaron

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Very sorry for all Hyatt Ka'anapali owners, as well as those of the rest of us who may have wanted to trade in. I'm afraid the conclusion was foregone, so this outcome is no surprise.
 

taffy19

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I had no idea that timeshare resorts in the USA are as corrupt as in Mexico but now I know. Don't believe a word of what they tell you at a timeshare presentation EVER!!!! Rescind while you have time to rescind so you save yourself a lot of money and heartache too.
 

taffy19

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From: Adam Alexander <Adam.Alexander@hyattresidenceclub.com>
Date: Tue, Aug 1, 2017 at 2:58 PM
Subject: Hyatt Residence Club Maui / Floating Plan Update
To:


Aloha Hyatt Residence Club Maui Owner,


The proposed amendment to release the remaining unsold 33 2-bedroom units as floating units was approved by a majority of the Maui owners. Next, these 33 units will be registered with the State of Hawaii, and then they will be released for sale.

The floating plan will not affect a fixed week owner's guaranteed reservation or guaranteed view category. There are no changes to the fixed week reservation plan. Fixed week owners will continue to reserve their guaranteed Maui week during their Home Resort Preference Period (HRPP) - 12 to 6 months prior to their guaranteed week.

Please feel free to contact me with any questions.

Aloha,


-------------------------------
Adam Alexander
Sales Operations Manager
Ka'anapali Beach - A Hyatt Residence Club
180 Nohea Kai Dr, Lahaina, HI 96761
tel. 808-662-4706

http://kaanapalibeach.hyatt.com
I received this email too but we never received the Q&A email or letter in the mail yet nor did I receive the copy of the 1st Amendment that was promised to be sent to me.

If the email address didn't work, what stopped them from sending this by regular mail like they did with the first request to send the proxy form back? They were hoping that we would fall for the feature of floating weeks and they succeeded.

They are not upfront with anyone of us who bought during the time that the sale was pending. IMO, you were suckers who sent the proxy form back in because you have no leg to stand on now.

I am going write the Attorney General in Florida unless they come up with a good explanation why this is beneficial to us. The best views of every band have gone to the floating weeks but they are most likely the worst weeks that they weren't able to sell.

It is a total SCAM, IMO! Everyone is going to be scammed who is going to buy in the new system because it all depends on "if available" and that may not be the case but you can keep on "dreaming".
 
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