Comments on: On the definition of timeshare, difference from hotels etc

By: nancy mueting

nancy mueting — Mon, 14 Dec 2009 02:06:16 +0000

Olga and owners,

Pertinent info. from Morris Esq. opinion of Ilikai time-share 3/09;

We must amend our governing documents as soon as possible to disallow further time-share.

Despite our low count of hotel rooms, a judge could rule us a hotel by his own definition outside of the L.U.O. If so, our governing documents would not need to specify timeshare it could be allowed. “Apartment use does not seem to disqualify time-share.

By: nancy mueting

nancy mueting — Fri, 11 Dec 2009 21:11:38 +0000

Dear Olga,

The reason the Board may be reluctant to fine our Time-Share:

If they are seeking judicial assistance for an answer that proves they are not sure whether a fine is justified. Our Time-Share and association attorney can therefore show resistance to impose fines.

It is a complicated matter where several aspects are up for consideration. They decided to seek ultimate help with rendering an answer that involve interpreting state law, legislative history and planner decisions.

By: Olga

Olga — Thu, 10 Dec 2009 09:16:48 +0000

I agree. Of course, they are timeshare. Some owners seem to have this misconception that Shell’s timeshare is this “special” type, points-based. Common, folks. This is not 1980s when most timeshares were for fixed weeks, same week, same place every year. These days, almost all timeshare is points-based. Also, deeded or not deeded – still timeshare, as per Hawaii timeshare law, HRS 614E. I encourage folks to attend a timeshare presentation, it is an eyeopener. I’ve attended a few, and always left thinking, “What a total scam.” (Why do I attend them every now and then? – To educate myself about them.)

By: Lee

Lee — Thu, 10 Dec 2009 05:00:00 +0000

It seems pretty clear to me that Shell Vacations Club is operating a timeshare at Ilikai.