In the Civil Case No. CV 12-00183 DAE BMK Settlement Agreement, we hereby petition the court to order the Defendants to release the Owner's List (deeded and points) for the following reasons:
1. Hawaii Revised Statutes 514A-83.3 - Membership List states in part that "The list shall be maintained at a place designated by the board of directors and a copy shall be available, at cost, to any member of the association as provided in the declaration or by-laws or rules and regulations or, in any case, to any member who furnishes to the resident manager or managing agent or board of directors a duly executed and acknowledged affidavit stating that the list:
(1) Shall be used by such owner personally and only for the purpose of soliciting votes or proxies or providing information to other owners with respect to association matters, and
(2) Shall not be used by such owner or furnished to anyone else for any other purpose.
2. The Defendants have consistently denied owners who were seeking election to the Board of Directors, access to this list. This action by the Defendants provides them with a distinct advantage in their efforts to elect BOD members that will represent their interests first and as a result, all other interests are subjugated.
3. As many of the owners (both deeded and points) at The Point at Poipu are elderly and may also not be either technically or legally gifted, we believe that Exhibits B and C as currently worded, will pose as a threat to such owners, and this option as such, will not be exercised sufficiently to allow for the Plaintiffs to be granted equal access to other owners not currently known to them.