Can someone reset the "Aulani Problem"

[TisBit]

Does anyone? Found this site on Hawaii TS laws. Who can figure out this gibberish, other than a real estate lawyer? How could anyone legally get to the point of selling TSs, and comply with all these restrictions? Especially confounding is chapter 514E-11. And what is that squiggly thing in front of the 514E?
hawaii.gov/dcca/pvl/hrs/hrs_pvl_514e.pdf

The squigly line is for a section of the law. So timeshares are governed by Section 514 of State of Hawaiin Law (not sure how they break theirs down, but in Maryland it would be Annotated Code of Maryland Section 514)

514E11 Paragraph 8 is the only one that I could see really being an issue with DVC.

(8)
Receive from any prospective purchaser any money, property (including but not limited to a credit card), or other valuable consideration prior to signing a contract or reservation agreement for the purchase of a time share plan or unit; provided that this paragraph shall not apply to sums paid by a purchaser or prospective purchaser for a tourist activity or for any other product or service offered to induce attendance at a time share sales presentation;

I know at Pasadena they were accepting deposits without having signed contracts/agreements. But, I think this is more applicable to Hawaii sales presentations and most likely not enforceable in another state. Usually, it is the law of the state the sale is happening that takes presendence, unless otherwise annotated. And this would not hold up sales, they would just need to cease and desist and face the consequences for the already sold contracts. Still believe this is more of a legal issue that is more than just a bad practice (as in POS needs to be rewritten, etc)

 

[DisneyFan68]

I went to the DVC kiosk at Ala Moana Center tonight and spoke with one of the CMs. I asked when they would be able to sell points for Aulani again and he said that they can sell them now. I asked a few other probing questions and he said "I don't know anything about that."

I will be going to the resort itself tomorrow (Sunday) and I'll ask the people at the kiosk there and see if I get the same answers.

How was your visit to the resort today? Were you able to ask anyone if they are now selling Aulani points?

 

[been2marceline]

How was your visit to the resort today? Were you able to ask anyone if they are now selling Aulani points?

I was at the DL sales center yesterday - no Aulani sales as of 12:00 noon PST.

The model rooms looked great! The DVC cast member who walked us through, Matt, was fantastic and also gave us a walk through of the remodeled rooms in the "Adventure" tower at the DLH, very nice!

 

[Lisa Anne Colling]

Someone asked if there is anyone here who has bought Aulani? Has DVC contacted you in any way about this issue?

We bought last fall. I have not heard anything about this. I did just receive my deed last week. The cover letter was dated June 20 and we just got it. The deed has the official Hawaii stamp on it. It says it was recorded Dec 14. So at this point Hoping all is well and that exsisting sales are fine.

 

[Breyean]

Someone asked if there is anyone here who has bought Aulani? Has DVC contacted you in any way about this issue?

We bought last fall. I have not heard anything about this. I did just receive my deed last week. The cover letter was dated June 20 and we just got it. The deed has the official Hawaii stamp on it. It says it was recorded Dec 14. So at this point Hoping all is well and that exsisting sales are fine.

Lisa, I hope so, too. I've already used all my 2011 Aulani points on an upcoming vacation, so I REALLY hope this doesn't become an issue.

 

[dis-happy]

So if the rooms are built but no new points are being sold, does this become the golden time when non-owners can get reservations???

 

[Brancaneve]

Someone asked if there is anyone here who has bought Aulani? Has DVC contacted you in any way about this issue?

We bought last fall. I have not heard anything about this. I did just receive my deed last week. The cover letter was dated June 20 and we just got it. The deed has the official Hawaii stamp on it. It says it was recorded Dec 14. So at this point Hoping all is well and that exsisting sales are fine.

HI Lisa! We bought a contract of 110 points while on the Disney Dream cruise in early June. A few weeks later, we received the "Welcome Home" packet with all of our documents and sat down to sign everything. We called Quality Assurance to let them know that we received the package and to ask a question about one of the documents. The CM told us to NOT fill anything out! She said that they had to include a document and that they were going to send a whole new set of paperwork. Meanwhile they charged the wrong credit card for the balance on our contract. They refunded it but have not charged us again. We waited and waited for our new documents. I called MS to inquire about the documents and changing our contract from 110 points to 125. The CM said that "they're not even having that conversation right now."

I just called two guides today(original and new) and once again they are sailing on a cruise ship. Maybe all the guides are being held hostage by DVC or there has been some sort of Hawaiian curse a la Brady Bunch?

Now I hear that Jim Lewis has been fired. All in all, this whole thing is a little fishy.

 

[Lisa Anne Colling]

I just got an email tonight about a replacement for Jim. Claire Bilby. Let's hope with this announcement, another announcement will be following shortly about the status of Aulani! Hopefully fears and rumours will be put to rest and we can all rest easy!
Positive thoughts!

 

[BeccaG]

This may provide some background on the Aulani stuff as it was unfolding....http://www.disboards.com/showthread.php?t=2761564