Kaluakoi pool drained over easement dispute.
By Sean Aronson
part,” says George. “This will affect more than the home owners at Kaluakoi Villas. We will have fewer visitors at our condos which mean fewer dollars spent on Molokai.”
The ranch owns the land on which the pool and resort sit. Since the shutdown of operations in early 2008, the Kepuhi Beach Resort Association has operated the pool with little incident. An easement, or right of way, was granted to the Association more than 30 years ago allowing residents the right to use the pool, even though MPL still has title to the land.
A few months ago, a resident inquired about the filtering mechanism of the pool, says Mike Jennings, maintenance manager for the Association. When it was determined that upgrades were required to the filter system, MPL got wind of the situation and decided there could be health hazards, says Jennings.
Citing potential liability concerns, MPL decided the best course of action was to shut the pool down. Lawyers for both sides are working on a compromise, says Jennings. But that could take a few months or longer.
Association President Jeff Kent is confident the pool will reopen. In a statement, he says, “We are very confident of winning this dispute because our rights to full access and use of the Kaluakoi Hotel common areas are so clearly and absolutely spelled out in binding legal contracts.”
In the meantime, residents are left with swimming in the winter surf as their only option. Consequently, they will have a more difficult time getting tenants to rent according to residents.
Dale Matlock is a resident and sits on the board of the Association. “Now we’ve got no golf course and no pool, not much of a resort,” says Matlock.
He says the issue is of ‘great concern’ and will be addressed at the board meeting on March 20.
Lawyers for MPL and the Association could not be reached for comment.