OK all i will admit I AM RETARDED. I figured it out last night. It had nothing to do with the charging system or the battery. God im suck a moron. It was so simple too. The fuel filter was clogged. Thats it $3.88 and about 4 minutes worth of time. Thought it was the battery cause apparently when thses things are hot the dont like to start all that well and espcially when theres no fuel....... See MORON. o well live and learn. i just bought the bike. and never changed it. Again to all that have tried to help me.
THANK YOU.
I learned to always start my Max in neutral and it has far less problems with hot start issues. The starter doesn't have to turn the tranny or fight the clutch that way.