Todays Board Mtg

[Jerry Doman]

Anyone know if any information came out in the meetings about the explosion , or is it all discussed in executive session , and no information for the owners .

Jerry

[Jodine Warfle]

I agree, we’re owners for 24 years and totally agree there are secrets we never hear about.
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On Mar 14, 2025, at 6:19 PM, Jerry Doman <jgd...@centurionlumber.com> wrote:

 Anyone know if any information came out in the meetings about the explosion , or is it all discussed in executive session , and no information for the owners .

Jerry

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[Janet]

We also would appreciate any information from the board and its’ meetings. Mahalo and best wishes to all those involved in the tragic event.
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> On Mar 14, 2025, at 7:58 PM, Jodine Warfle <ejwa...@gmail.com> wrote:
>
> I agree, we’re owners for 24 years and totally agree there are secrets we never hear about.

> To view this discussion visit https://groups.google.com/d/msgid/whalerowners/4300727F-9ABF-425E-AF3D-17F0B4A70EC6%40gmail.com.

[Mark570]

Here is what I heard yesterday as I tried to take notes. 

In the Presidents opening comments he hopes that the victims all fully recover.  He hopes everyone contributes to the GoFundMe account set up by Doug.  No investigation results have been released yet.  The Whaler has sent flowers and a card to the victims.  The grills were designed by a licensed architect, inspected and approved by the County.  Tower 2 BBQ's will reopen as soon as they are inspected.  Tower 1 BBQ will be rebuilt once they are released from the investigation. 

In other business no motions or money requests for anything relating to the explosion.  The Board approved a motion to raise their reimbursement pay to attend meetings from $1000 to $1500 up to 3 times a year.  That will have to be passed by the owners in May.  They also voted to increase owner fines for any violation of house rules from $100 a day to $250 and for proxy statements or solicitation of proxies to be limited to a single page and only one side of a page.  All statements due by April 14.    They discussed giving DMI the right to censor all proxy statements that disparaged or said negative things about the AOAO, but they couldn't make up their minds.   They approved $150,000 for all new pool and deck furniture, $10,000 for new tennis court furniture, $128,000 for new cooling tower equipment, $42,000 for new automatic doors on Tower 2 beach entrance, $25,000 to strip and reseal the pool decks.   HEI will lease the spa area for one year for $1000 a month, the spalling repair people found more things to fix so approved using the contingency to keep going.  I think they said another $50,000 worth.   Next meeting May 22. 

From what I have been told privately the Board is having all substantive discussions about the explosion in Executive Committee under the protections of attorney client privilege.  The Board members have been told to stay silent.  I don't completely agree with this approach.  I think an emergency subcommittee or an official spokesperson should have been immediately appointed (or hired) on day one, and regular communication with the victims, families, and owners should have been happening.  Flowers and a card aren't going to cut it.  A couple of press releases is totally inadequate.  This is Crisis Management 101 for any corporation, and the lack of regular communication is only going to add to the anger and uncertainty about the explosion, which will lead to larger potential damage claims from the victims.

That's about all that I can recall right now.  It would be nice if the Board would allow audio recording of the meetings and let owners listen when they have time. Hopefully that answers some of your questions. 

Mark 570

  

[Cindy]

Thank you for the recap Mark. I agree on your points. I understand about not having board members talk however there should be a PR point person. No communication is a recipe for failure in my opinion. 

Cindy Bigeh

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[Kevin Surace]

It’s standard procedure to have discussions which may have legal consequences in executive session and those have to remain confidential.

While that seems like some kind of back door secret thing going on, it’s really standard in any situation similar to this.

Nothing nefarious. 

We need our board to represent the association with our attorney appropriately. And the insurance company.

I’d expect to hear very little unless or until an investigation report is released to the public from Maui. And even then how that is handled will be very driven by attorneys, which also means in secret. 

Patience is a virtue in this case. And required.

It’s likely this particular situation may drag on for many years. 5, 7, even 10. So years of patience.

Kevin

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On Mar 15, 2025, at 6:25 AM, Cindy <cbi...@gmail.com> wrote:



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[Cindy Johnson]

I hope the committee picks out comfortable furniture and also not the light weight furniture that would blow around in the wind like we had! 

Cindy Johnson 

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On Mar 15, 2025, at 10:07 AM, 'Kevin Surace' via WhalerOwners <whaler...@googlegroups.com> wrote:

It’s standard procedure to have discussions which may have legal consequences in executive session and those have to remain confidential.

To view this discussion visit https://groups.google.com/d/msgid/whalerowners/933CBB1B-59BB-435E-883E-9326F2DBE1A5%40surace.com.

[Mark570]

Time is not really on our side.  I am hopeful the Board can get this resolved much faster than 5 years.  The longer this goes on the longer we have a disclosure issue.   I can only speak for myself, but if I were contemplating selling our unit I would feel the need to disclose this accident to a potential buyer.  Likewise any buyer contemplating purchasing at the Whaler is going to ask about any future financial obligations they might incur.  I asked an AI program to give me an example of a legal disclosure for this accident.  This is what it came up with:

Disclosure Statement Property Address: [Insert Address] Date: [Insert Date]

Dear [Buyer’s Name],

As the seller of the property located at [Insert Address], I am providing this disclosure to inform you of a past incident that occurred on the premises.

On [Insert Date of Incident], a BBQ grill explosion took place on the property, resulting in serious and life-threatening injuries to several individuals. While the specific circumstances leading to the explosion have been addressed to the best of our ability, such as [briefly describe actions taken, e.g., inspecting the grill and removing or replacing faulty equipment], there remains the potential for legal claims, judgments, or settlements arising from this incident.

Please be aware that the potential liability associated with this incident could exceed the existing insurance coverage for the property. Documentation related to the incident, including any repairs, insurance policies, or ongoing legal matters, is available upon request.

I am providing this information to ensure full transparency regarding the history of the property and any associated risks. Please feel free to reach out with any questions or requests for additional details.

Sincerely, [Your Name]

[Kevin Surace]

It’s not so easy however and not controlled by our board.

The insurance company usually leads the case with our attorney.

If sued (IF) the insurance company may offer to settle out of court. If that is accepted by all then things might wrap up this year.

If someone holds out and takes their chances in a court case that will take years to be heard, ruled on, appealed and so on.

We don’t really control that timing at all.

Yes you would disclose this is an ongoing case that may last many years. And could have a material impact on things like special assessments or even the association filing for bankruptcy. Of course we have no way to know today. Other than it’s a very sad situation all around. But 99% for the poor souls who were there at the time. We are hoping for a full recovery for all. 

K

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On Mar 16, 2025, at 10:24 AM, 'Mark570' via WhalerOwners <whaler...@googlegroups.com> wrote:

Time is not really on our side.  I am hopeful the Board can get this resolved much faster than 5 years.  The longer this goes on the longer we have a disclosure issue.   I can only speak for myself, but if I were contemplating selling our unit I would feel the need to disclose this accident to a potential buyer.  Likewise any buyer contemplating purchasing at the Whaler is going to ask about any future financial obligations they might incur.  I asked an AI program to give me an example of a legal disclosure for this accident.  This is what it came up with:

To view this discussion visit https://groups.google.com/d/msgid/whalerowners/2d5be0ed-8c0e-4b29-91c5-a6bb3be1251bn%40googlegroups.com.