News:
January 28, 2012
We have just received our proxies, agenda, candidate statements, and the proposed By-Laws amendment from the Managing Agent, Consolidated Resorts Management. Article 6.2 of the Club By-Laws require the Presiddent of the Club to form a Nominating Committe at least ninety days before the election. The Nominating Committee did not contact us. Once again this year we were not notified about the meeting date until the minimum time (thirty-five days) before the election. We were proactive and in anticipation of the meeting in March, we submitted the name of Charlie Johnson as a candidate for election. It is our strong recommenation that you vote only for Charlie.
The proxy does not allow you to designate anyone except the Sands of Kahana Vacation Club as the proxy holder. This prevents you from exercising your right to have someone trusted carry your proxy and vote in your best interest. As we did last year we have prepared a revised proxy, exactly the same except it assigns your proxy to Charlie Johnson. You may download a copy of the revised proxy by clicking here.
The SOKCO Committee recommends a vote to Approve Item #2 - Resolution on Assessments.
The SOKCO Committee recommends a vote to Not Approve Item #3 - Amendment to the Club's By-Laws - Annual Meeting of Members. The Board tried to illegally pass this amendment at last year's meeting. They finally withdrew the amendment. This amendment will allow the Club to set the meeting date whenever they want. This is a commonly used tactic to prevent a proxy fignt opposing the Club's management. This keeps us from knowing when the annual meeting will be held. This will seriously harm anyone who opposes the Club management. Curremtly, the meeting is required to be March. We can anticipate and plan our travel in order to attend the meeting. In order to reserve a unit at the Sands we need to call almost one year in advance.
Please vote only for Charlie Johnson. Vote to Not Approve Item #3.
The SOKCO Committee strongly recommends that you print the proxy, complete your owners' information accurately, and before February 28, 2012, fax your completed proxy to Charlie at (760) 269-3150.
IIn past years CRM has sent additional proxies. If you send in a second proxy it will nullify your first proxy.
Do not be fooled! Only send in your revised proxy once!
September 2011
The members of the Sands of Kahana Concerned Owners Committee are sad to announce the passing of our founding member, Carol Nelson. As many of you know Carol was tireless in her efforts to protect our beautiful resort. She gathered a few of us together to form our SOKCO Committee. She was tenatious in her work to have the Sands of Kahana Vacation Club Board of Directors listen to us. As a result of her work, they certainly know about us. Unfortunately, for the most part they still ignore us. Our Committee remains committed to the work Carol started many years ago.
September 2011 - Sad News from Marc Nelson
September 25, 2011
Dear SOK Vacation Club Owners,
It is with a great deal of sadness in my heart that I tell you of the passing of my wife Carol Nelson. As some of you know Carol was diagnosed with Multiple Myeloma (cancer of the blood) in January of 2010. In March of 2011, the Myeloma became very aggressive and our Oncologist in June told us that there was no more that could be done for Carol. Eleven days later Carol passed away peacefully. Carol and I were married for 51 plus years and I consider myself to be a very lucky man to have had Carol for my best friend and partner for so long.
Carol was a very strong advocate for all the vacation club owners. She loved Hawaii and wanted the Sands of Kahana to be the very best resort for the owners. In my opinion, her advocacy and watchdog efforts helped keep the Sands (for the most part) a pleasant resort to spend one's vacation days.
Carol several years ago formed a committee called the Sands of Kahana Concerned Owners. She and the other committee members have worked very hard to uphold the financial investment that all owners have in the vacation club. One of the original committee members Tom Podl also passed away this year due to complications from kidney problems. Tom also worked diligently for the vacation club owners.
There is still work to be done and the resources of the Sands of Kahana Concerned Owners have dwindled. If you are so inclined a memorial gift (1) to the Sands of Kahana Concerned Owners in Carol's name or Tom's or both would be a tribute to their efforts on behalf of the vacation club owners. You can send your gift to:
Charlie Johnson
11433 Buttemer Road
Phelan CA 92371
The Sands of Kahana Concerned Owners committee will again have Charlie Johnson running for the Vacation Club Board of Directors. Charlie will fairly represent the vacation club owners and I ask for your support of Charlie. Carol and Tom would be very pleased to see Charlie elected to the board.
Thank you very much for your support in years past of Carol in her efforts to attain a seat on the board. I know how deeply she appreciated all of you that supported her and her efforts to make the Sands truly a vacation club owners resort.
I wish you all the very best and hope to see many of you during March of 2012 when I plan to be at the Sands of Kahana.
Sincerely,
Marc Nelson
1. Any donations to Sands of Kahana Concerned Owners are voluntary, and are not tax deductible.
March 2011
2011 Annual Meeting (click for the Agenda)
The meeting began with the Roll Call and Establishment of a Quorum. During this agenda item it was announced that an astonishing, unprecedented number of proxies were returned. They stated that forty-seven and a half percent (47.5%) were returned! Many owners we spoke to were very surprised at this turnout and expressed their doubts. There is no way for anyone to verify this statement. All of the proxies were processed in the Consolidated Resorts Management offices in Las Vegas. We were handed slips of paper with the number of intervals that were assigned to us to vote. The number of votes assigned to us was 160 less than the number we had compiled. Along with our attorney, we met with Richard Rodriguez and the SOK Vacation Club attorney, Mr. Ekimoto and discussed this discrepancy. It is unclear if there is a procedure to challenge the proxy count. They claim the By-law provision for a secret ballot takes precedent. During the meeting we stated our request to challenge the vote if it would change the outcome.
Mr. Blair announced the officers of the Board are: Kevin Blair, President; Glenn Stockton, Vice President; and David Lint, Secretary/Treasurer.
Mr. Blair gave an informative presentation of the improvements and upgrades made to our resort during the past year. We requested a copy of the presentation from Mr. Blair so that we could share the information with you. He has still not responded to this request, nor has this been published by the Club.
The SOK Vacation Club Auditor presented a report on the audit of the SOK VC Audit for the year ended December 31, 2010. (Click to view the Report.)
Two owners were appointed as Inspectors of Election. One was one of our SOKCO Committee members. He reported that during the tallying of the votes they were handed slips of paper, which indicated how many votes were cast for each candidate. No evidence was given for how the number of votes was determined.
The Election was held and Charlie Johnson was nominated from the floor. The official candidates were; Incumbents - Glenn Stockton, Johnnie Santiago, and Chris York; and Charlie Johnson. The candidates were allowed a few minutes to discuss why they wished to be on the Board. Only Mr. Stockton and Mr. Johnson spoke. Ms. Santiago and Mr. York were nat at the meeting. Mr. Stockton stated he wished to continue the work that had been done. Mr. Johnson discussed his background, and stated he wanted more transparancy of the operations and the costs of maintaining our resort, and to involve the owners in the decision-making of the SOK Vacation Club.
The results of the election are: Mr. Stockton, 3,057; Ms. Santiago, 2,949, Mr. Lint, 2,836, and Mr. Johnson, 1,511,5.
The New Business regarding the Tax Rollover Resolution passed.
Glenn Stockton stated he had another item to be discussed under New Business that was not on the Agenda. He wanted to make a motion to amend Sections 5.1 through 5.3 of the SOK VC By-laws. (Click to see the motion.) The motion proposed three changes: 1) That the meeting need not be in Hawaii (Section 5.1); 2) That the meeting not be in March, but at a date selected by the Board (Section 5.2); and 3) That a Special meeting could be called by fifteen percent (15%) of the voting power, which is raised from the current five percent (5%). Some, who are familiar with owners who may oppose management, have said that these three items make in much more difficult to solicit proxies because the meeting date and location are uncertain, and, clearly, tripling the requirement to call a Special meeting is more difficult.
Mr. Johnson challenged the motion by calling for a Point of Order (under Roberts Rule of Order). He stated that this was not on the Agenda sent to the owners, nor was it on the Agenda distributed at the beginning of the Annual Meeting, and that it was in violation of the SOK VC By-laws, Section 5.4. Section 5.4 states, in part, "The written notice of all meetings of the Members (whether an organization, annual, or special meeting) must state the place, date and hour of the meeting and whether it is an annual or specia~ meeting and must also list the items on the agenda for that meeting and contain a brief statement of the business proposed to be transacted at it (including all matters that the Board expects to present or expects others to present)." (Emphasis in bold and blue added.) Many of the owners present stood and yelled their angry disapproval of this motion. A lengthy, angry discussion ensued by the owners. Mr. Blair asked to recess the meeting for five minutes for the Board to discuss this motion. The meeting was recessed. The meeting was called back to order after a much longer than five minute period. At that time Mr. Stockton rose and announced that he was withdrawing his motion.
There being no further business, the meeting was adjourned.
Results of the Hearing on the Motion to Compel
Judge August rule in the favor of the SOK AOAO.
Update on Member Roster Case
The Association of Apartment Owners (AOAO) has provided a list of the timeshare owners and their addresses. However, they listed ALL of the addresses as 4299 Lower Honoapiilani Road, Lahaina, HI 98761. This is the address of the Sands. Judge August specifically told them NOT to do this in his last ruling. This is a delay tactic, of course, and unfortunately, it is working. Bill Vinson's attorney has filed a Motion to Compel, which requests that the AOAO be held in contempt of court. Further, the motion requests a fine of $500 per day be charge to the Directors, personally, until the current list is provided. The motion specifies that this may NOT be reimbursed. This motion was heard on February 17, 2011. Judge Joel August denied the motion.
Other Activities
The members of your committee are actively pursuing every avenue to obtain the list of owners. Thanks to your generous donations (keep them coming), we have purchased 3,000 documents of changes in ownership going back over ten years. We intend to obtain even more. We are busy converting the names and addresses to a mailing list.
WE WILL NOT GIVE UP ON THIS!
If necessary, we will call for a Special Meeting to recall the Directors and elect our candidates. The year 2011 will be the year we succeed in our efforts.
Thanks you for your continued support! Come back soon to this website for further information.
