Charles Nahale spent days sleeping in his car and whatever chairs that he could find after fleeing for his life from the Lahaina fire that razed the old Hawaiian family compound where he rented an ohana unit on Front Street.
The Native Hawaiian wedding officiant and professional musician said it was five days after the Aug. 8 fire before he started to get his rhythm back after securing a unit at Kahana Sands, which he was told had a contract with the American Red Cross to provide temporary shelter to Lahaina evacuees through Oct. 31.
That peace of mind came to an end Sept. 11 when Soleil Management sent him a letter ordering him to move out of his unit by Sept. 30. Nahale called alternate Soleil- managed condominiums but was unable to secure housing there, either.
Nahale checked with Kahana Sands’ front desk on Sept. 29 and was told that he didn’t have to move out Sept. 30. However, his situation is still uncertain as he does not know how long he can stay or where he can go next. He said Friday that he had spoken with the American Red Cross earlier last week and that they had hinted that he might have to leave by Oct. 18, and asked him whether he had found new accommodations. He said they called again Thursday and asked him how long it would take him to find new housing.
“I just don’t know the answer,” he said.
Nahale said he has made repeated calls to Soleil Management, but they have never answered. The Honolulu Star-Advertiser was not able to reach the company, either.
The stress of the situation, which he believes is tied to the reopening of West Maui tourism, prompted him to file a complaint with the Hawaii Civil Rights Commission.
“They wanted me and others to leave to prepare West Maui for tourists,” Nahale said. “Given my observation of the demographics, the net impact is to clear the property of minorities and local families.”
He also is claiming that since the Kahana Sands unit is his only home, he is a resident and therefore should be entitled to protections under the Hawaii Residential Landlord-Tenant Code.
Nahale said he knows of other Lahaina evacuees in West Maui who are facing displacement.
He said Kahana Sands recently posted a sign saying, “Due to the Governor reopening this section of the Westside on October 8th, I am not able to extend the Kahana Falls closure. If you do not already have alternate housing arranged, please contact the Red Cross immediately for relocation to a property in the Kaanapali area.”
Those staying at the timeshare were advised to reach out to the Red Cross by Tuesday. The website for Capital Vacations, which manages Kahana Falls, said the timeshare was reopening to tourism Wednesday; it also said that the Kuleana Club timeshare would reopen Friday.
A communications representative sent the Star- Advertiser the following response Saturday on behalf of the Kahana Falls Resort board of directors: “In response to the wildfires in early August, Kahana Falls voluntarily provided 60 housing units for displaced residents. We’re proud to have supported our community during this challenging time. In early October, the Red Cross met with those housed at Kahana Falls and assisted them all in finding replacement housing.”
The government has been asked to intervene in another nuanced situation at the luxury Honua Kai Resort & Spa, where owners were recently told by the Honua Kai Condominium Association board of directors in an email from HKCA board of directors President Stuart Mumm that they are liable for any violation of the condominium’s governing documents, including a 60-day limit on stays, and should contact property managers to ensure American Red Cross leases fall within that time frame.
The Red Cross, through contracts with three property management companies, has placed more than 1,400 Lahaina evacuees at the site.
Mumm told the Star- Advertiser in an email Thursday that the board of directors is now willing to grant forbearance of the 60-day provision provided that the rental ends on or before Dec. 1.
Mumm said the board of directors also passed a motion to “ask property managers and the (American Red Cross) to provide information and transparency to allow HKCA to manage the resort in the interest of all owners, in particular operational issues such as occupancy, safety, security, parking and animals.”
He added, “It is critical for us to be able to effectively manage the property, and be able to provide for the safety of everyone on property. In order to do so we need current and accurate information on what properties are occupied, the number and location of people on property, number of dogs and other pets, and number and location of cars and other vehicles on property.”
Mumm said the board is asking owners that do not have extensions to voluntarily comply with Honua Kai’s governing documents. “If owners breach the covenants, the board will meet and decide on a course of action that is consistent with its duties and in the best interest of the association, as a whole,” he said.
A complaint has been filed with the state Office of Consumer Protection, alleging that the board of directors’ decision constitutes an unfair and possibly unlawful business practice. The complaint also alleges that Gov. Josh Green’s emergency proclamation that contains a moratorium on all tenant evictions through at least Nov. 6 supersedes Honua Kai’s prohibition on rentals longer than 60 days.
William Nhieu, spokesperson for the state Office of Consumer Protection, said the office has opened an investigation but, since it is still pending, declined to comment on specifics.
Carl Hu, who is among the Honua Kai owners getting paid by the American Red Cross to house evacuees, expressed concern about the HKCA invoking the 60-day limit on stays for wildfire survivors.
Moreover, he said earlier requirements set by the board of directors for procuring a Dec. 1 extension disincentivized renting to evacuees by requiring owners to address the loss of rental income experienced by owners who were not receiving disaster relief funds and the impacts that long-term rentals would have on association operations.
Hu said HKCA has since removed those requirements, which will be “welcome news to the 1400+ at Honua Kai who now know they can stay through at least Thanksgiving, one which is undoubtedly very special given the immense losses they have experienced.”
Considering continued disaster housing needs, Hu said he hopes that the government will step in with swift enforcement action to “stop the impending wave of evictions which will soon hit West Maui.”
“I know they could have used this warning ahead of the fires, so I hope to stop a second humanitarian tragedy from playing out resulting in thousands of fire survivors being kicked to the curb to make room for tourists,” he said. “Unlike the fires, this is a disaster which is entirely avoidable if the government now lives up to its promises and takes the necessary action to back it up.”
Maui County Council member Keani Rawlins- Fernandez mentioned Honua Kai critically in an Oct. 6 speech in support of stopping the phased reopening of tourism to West Maui from beginning Oct. 8. Council unanimously voted for a resolution seeking to delay the reopening.
“We all received testimony from Mr. Hu, who leases a unit to Red Cross for shelter, while his other non-Maui resident unit owners at Honua Kai, who would rather maximize their profit, (are) pushing for Honua Kai to be, and I quote, ‘100% refuge free,’” Rawlins- Fernandez said.
Honua Kai owner Chris Burns told the Star-Advertiser on Friday that Honua Kai owners have been unfairly portrayed.
Burns said he has partnered with the Harvest Kumulani church, the Honua Kai board and Nick Ware, general manager of Duke’s Restaurant, to organize and hold events at Honua Kai for displaced families. During an ice cream social, he said, they served 600 ice cream sundaes and hosted face painting, balloon animals and games for the displaced kids.
Burns said only owners who were represented by one of three property management groups — Outrigger, Maui Resort Rentals and KBM — that secured contracts with the American Red Cross could rent units for disaster relief, and reportedly got more money than they would for a normal tourist season.
He said other owners in the transient resort property were not allowed to rent their units because the governor had strongly discouraged nonessential travel to West Maui. Burns added that many board members, who did not have Red Cross contracts, have provided units to displaced families free of charge.
He said the HKCA board of directors is not wanting to “evict” anyone. Burns said recent actions by the board of directors are an attempt to maintain their fiduciary duty to manage according to governing documents, and gain clarity about the process to transition Lahaina evacuees from Honua Kai, which is a resort, to more affordable longer-term housing.
“People will not be displaced from shelter,” he said, but added that the lack of transparency from the government and the American Red Cross has made evacuees nervous.
“Not only here, but at all the different places, because they don’t know where they are going next. They don’t know because the governor and the American Red Cross has not given them options,” he said.
He said it has been so challenging to get enough suitable housing units that he has been advocating for Green to use eminent domain.
The complications at Kahana Sands and Honua Kai come at a time when the state is urging owners of vacation rental units and unoccupied homes to put them in the disaster housing pool. State Business, Economic Development and Tourism Director James Kunane Tokioka, who heads the state Joint Housing Task Force, made a plea for units Oct. 2 at the Hawaii Tourism Authority annual conference, which was attended by about 500 visitor industry members.
As of Friday there are 1,360 property listings, of which 931 have been verified in the Hawaii Fire Relief Housing Program. Of the total property listings, approximately 57% are on Maui, 27% are on Oahu, 12% are on Hawaii island, 1% are on Kauai and 3% are out of state.
Tokioka told the Star- Advertiser that the state is aware that condo contracts may be expiring.
“For Honua Kai, the Joint Housing Task Force was able to confirm that no one will be displaced as the condo association was able to get the short-term restriction resolved for the time being,” he said. “As for Soleil Management, we are working with them to ensure longer-term stability for the survivors.”
Nahale said clearer answers are needed soon. He said the precariousness of his housing situation has resulted in panic, anxiety and trauma.
“It’s like reliving the day of the fire,” he said. “It’s heartless to order me and many others out of our only home.”