Class Action lawsuit Filed against Diamond Resorts

[drianswers]

As a former employee of the company, I hope that they do badly in this. The costs are ridiculous and the way the owners have been treated throughout the process is totally unfair.

I sat in the briefing 12 months ago when this was explained to employees and we were told not to say a word to any customers about it.

[bebod]

"The timeshare disclosure documents - going back to the mid-1990's were actually quite clear and explicit that there was little chance of owners ever effecting a change in management and that the developer was going to call the shots at the resort."


As I understand it those docs (Poipu) do provide for the owners list to be made available to candidates for the BOD for the purpose of soliciting proxies. The AOAO BOD, under DRI's control, has refused to release that list. If that list were made available at least the individual owners would have a fighting chance to determine who manages their resort.

[bebod]

As a former employee of the company, I hope that they do badly in this. The costs are ridiculous and the way the owners have been treated throughout the process is totally unfair.

I sat in the briefing 12 months ago when this was explained to employees and we were told not to say a word to any customers about it.

In what capacity were you employed by DRI?

[Carolinian]

Personally, I always buy at member-controlled resorts, and that is one thing I look for in the beginning. The three resorts I own at currently in three countieis are all member-controlled. At one of them, the annual m/f and any special assessment are even required to be put to a vote by the membership.

Internal rules or contract terms are hardly decivise in a Consumer Protection lawsuit, as the rules or contract terms themselves may be what the court determines to be ''unfair or deceptive'' and thus stikes down.

I have read them and I actually read them before I bought. Just as I read the documents for our first purchase (at Marriott Kauai Beach Club) during the rescind period and rescinded because of what I read.

I bought at Poipu resale and I obtained a copy of the documents before I started scouring for a resale. I knew what I was getting into.

The timeshare disclosure documents - going back to the mid-1990's were actually quite clear and explicit that there was little chance of owners ever effecting a change in management and that the developer was going to call the shots at the resort.

That's why much of this lawsuit essentially comes down to - "silly me. I really didn't read the documents at the time I purchased even though I signed a piece of paper that said I had. I know that was stupid of me. Please bail me out of my stupidity."

[Jasonb334]

I have read them and I actually read them before I bought. Just as I read the documents for our first purchase (at Marriott Kauai Beach Club) during the rescind period and rescinded because of what I read.

I bought at Poipu resale and I obtained a copy of the documents before I started scouring for a resale. I knew what I was getting into.

The program documents for Poipu are quite simple and actually give some rights to the owner/member. I was referring to "The Club" documents and the "Hawaii Collection" documents. Have you actually read those? I have a copy if you would like me to email them to you. They are nothing like the program documents 14+ years ago.

That's why much of this lawsuit essentially comes down to - "silly me. I really didn't read the documents at the time I purchased even though I signed a piece of paper that said I had. I know that was stupid of me. Please bail me out of my stupidity."

T. R.... I don't think the lawsuit will come down to "silly me" or "shame on me for not doing my due diligence". The complaint touches on the subject but the real thrust deals with the manipulation that has gone on with the board and the issues at the resort. I really think it may come down to "shame on you" and "your actions are a blatant attempt to screw the consumer".
Based on your comments, I'm not sure you have read the actual complaint.
This is the only place that I could find a copy of the actual filing and the site has links to TS4MS so it's safe to include the link here

http://www.poipuowners.org/uploads/Lawsuit.pdf

Board members and ex-employees have jumped ship and based on the complaint and the rumors on the street, I can only speculate on which ship they jumped into.

It's probably better to let this be handled in a court of law instead of all of us playing Perry Mason and Judge Wapner on TS forums and you can always send me a pm.

[JLB]

In what capacity were you employed by DRI?

snitch?

[Carolinian]

snitch?

Maybe timesharers need more of those!

[JLB]

Maybe timesharers need more of those!

Yeah, I know, snitches from the other side are cult heroes . . . because they appear to confirm what we want them to confirm.

The only thing we know about them for sure is that they don't honor their employment agreements or loyalty, whichever.

The only way they might be of value would be in a court of law, or if they were reporting to a regulatory agency, rather than an Internet forum.

[Jasonb334]

The only thing we know about them for sure is that they don't honor their employment agreements or loyalty, whichever.

That's a pretty tough call....not really. Are you going to stand around and let your employer supervise illegal activity or do you stick to your ethics/morals, get up and quit? Easy decision for me....and I would not worry about being called a snitch if I uncovered "possible" or "probable" illegal activity that was affecting thousands of consumers. I would contact the law firm handling the case and offer up what I know.... but hey, I'm just here to help!

The only way they might be of value would be in a court of law, or if they were reporting to a regulatory agency, rather than an Internet forum.

I would contact the law firm handling the case and offer up what I know. A subpoena would nullify any employment contract regarding confidentiality (in most cases and surely this one).

This is the second "possible" ex-employee that has stepped forward on this forum and a 3rd on another forum. I wonder how many more will surface now that the lawsuit is public information.

[singlemalt_18]

As a former employee of the company, I hope that they do badly in this. The costs are ridiculous and the way the owners have been treated throughout the process is totally unfair.

I sat in the briefing 12 months ago when this was explained to employees and we were told not to say a word to any customers about it.

That's a pretty tough call....not really. Are you going to stand around and let your employer supervise illegal activity or do you stick to your ethics/morals, get up and quit?

Just to be clear, unfair is not to be confused with illegal.

I'm not surprised by what is in the complaint. It appears to be a "kitchen sink" approach to throwing everything you can against the wall in the hope that something sticks. (It reads like a Christmas wish-list or a best-of anthology for all the "angry faces" over on the book.)

If the complaint is to be believed, then you must subscribe to the Big Evil DRI Conspiracy theories that assume this has all been some elaborate scheme deliberatley hatched and embarked upon... count me in the camp that is not willing to go down that road.

Caveat Emptor.

There will be no winners... except for the lawyers.