Owners at Poipu Point Resort on Kauai, Hawaii, faced with a special assessment in excess of $5,000 per week for reconstruction to correct water intrusion damage to the buildings, have rebelled against the assessment by filing a lengthy class action Complaint against Diamond Resort International, its CEO Stephen Cloobeck and several directors.In 163 paragraphs within the 52-page Complaint, the plaintiffs have detailed allegations of intimidation against recalcitrant directors and other methods to gain control of the board of directors by installing Diamond employees as directors. Once in control, according to the Complaint, the Diamond directors increased the management fee paid to Diamond to more than ten times prior levels and imposed the special assessment in violation of the Poipu Point governing documents.
Among the allegations is a claim that the water intrusion damage was known to Diamond before they acquired the resort from Sunterra and that Diamond delayed taking any action until they gained control over the board. Further, Diamond is alleged to have sold points in its collection of Hawaii resorts without disclosing the water intrusion damage and impending assessment.
The Complaint points out that the $65 million total assessment works out to more than $300,000 per unit, and charges that much of the money will be used for renovations unrelated to the water intrusion problem.
Plaintiffs allege the directors committed breaches of their fiduciary duty in assisting CEO Stephen Cloobeck to gain control of the board, voting on matters when they had a conflict of interest and authorizing the water intrusion assessment knowing it was invalid under the governing documents.
Diamond Resorts and Stephen Cloobeck are alleged to have committed consumer fraud and deceptive trade practices in seeking to collect the invalid assessment.
Plaintiffs seek to have the water intrusion assessment declared invalid, all payments already made to be refunded and damages.
Source: Timesharing Today Express






