Be Carefull What You Wish For (update on HPPOA lawsuit)

[Tutu808]

OMG, do NOT write the judge.  He will never see it.  It will be just as embarrassing as when the Board VP and defendant Jeff Finley actually told the Board supporters on FB to “storm the courtroom” thinking that THAT would influence the judge LOL.  Instead, spend your time writing to the HPPOA Board, or better yet go to the Board and Membership meetings.  I cannot believe how many hours Hilo Julie has put into her “forensic” analysis of the court filings, including things that have ZERO effect on these scheduling conference statements.

[Punatang]

I really expected at least one Haiku.  Any good predictions for The Superbowl?

[HiloJulie]

Is that legal?  Aren’t judges supposed to rule on what’s presented in the courtroom and not outside influences?  Trying to influence a jury is called tampering, wouldn’t it be the same for a judge?  I’m asking in all seriousness.

Writing to a judge is perfectly legal, but no, you can't petition a judge and have them disregard the law. I can't believe the suggestion was even made, but there it is for all to see. Any letter to a judge will go through the court clerks, and the judge will likely never see any letter.  It would be a complete waste of time.

OMG, do NOT write the judge.  He will never see it.  It will be just as embarrassing as when the Board VP and defendant Jeff Finley actually told the Board supporters on FB to “storm the courtroom” thinking that THAT would influence the judge LOL.  Instead, spend your time writing to the HPPOA Board, or better yet go to the Board and Membership meetings.  I cannot believe how many hours Hilo Julie has put into her “forensic” analysis of the court filings, including things that have ZERO effect on these scheduling conference statements.

OK then, FINALLY I see some are paying attention!

I put the letter writing paragraph in there to see what responses I would get.

And yes TomK, it’s there for all to see!

Obviously, judges cannot accept ex-parte communications, and it could be illegal.

I am a bit shocked that the OP never retorted to my letter writing paragraph, but oh well.

So, yes, DO NOT WRITE LETTERS.

I am really finding it interesting about the consistent comments some like to make about “how much time” I have spent discussing this case. I don't need anyone to worry about how I spend my time! Further, when I read someone saying "I cannot believe how many hours Hilo Julie has put into..." I frankly find it to be as much of a hypocritical statement as one could make when you consider the entire waste of time this lawsuit is.

Having said that, YES, the best course of action is to get HPP residents involved. Attend meetings. VOTE.

Elect YOUR Board with thousands of votes, not tens of votes.

There are 20 plus years of history here on PunaWeb about HPP and its Board dysfunction. Has there EVER been a Board of Directors of HPP that HAS NOT been “illegal” “corrupt” “dumb” “stupid” “greedy” or any other term EXCEPT being a good, functional, “looking out for HPP and its residents” elected? 
EVER? EVER? EVER?

Talk about HOURS of wasted TIME. 

And now talk about a 50 plus million-dollar taxpayer funded park for what clearly appears to be a totally dysfunctional group of people that, as hard as it is to believe, actually make the County of Hawaii look competent.

Its time you HPP residents SHIT or GET OFF THE POT!

And Tutu, I’ll manage my time as I see fit, but you should always make sure you properly DATE any legal statement, motion or declaration and make sure they are filed on time.

---

I really expected at least one Haiku.  Any good predictions for The Superbowl?

Amazing what one can see when they open a closed mind!

Don't bother with the Superbowl.

Watch the Puppybowl instead!

Puppy Bowl 2025 | Discovery

[Patricia]

If the lawsuit, as some want to say, is a waste of time and money, then it is ALL the fault of the HPPOA board.

[HiloJulie]

Julie - ”…on the 5% issue, my opinion is that I think it is unwinnable for the Plaintiff as the bylaws do clearly allow for “up to 5%” to be transferred for non-road use and they really have no specificity as to what the 5% can be used for in any and all non-road matters. Again, that’s MY opinion.”

Bylaws have to have legal foundation or they are null and void.  I can’t stress this enough.  It’s amazing how many people don’t get this and think that they can make law in the boardroom.  I believe Plaintiff has quoted another section of the bylaws that says that the road funds are for roads only.  So there is a conflict within the bylaws.  I wondered about this, and why she didn’t just go straight to the road fee judgment for foundation for her argument.  That judgment is strictly for roads, nothing else, and to my knowledge there has never been any modification or additions to it.  So MY opinion is that Defendants will have a difficult time showing legal foundation for the 5% rule.
I agree, going to court is a “crap shoot”.  I think the judge is more likely to rule on points of law, which would favor the plaintiff and Watamull.  It’s harder to guess what a jury might do.

From what I have seen, the “5%” rule has been in the HPP Bylaws since 2004. Further, I can tell, by the formatting used when the 2004 Bylaws were written, that a lawyer wrote them. So, I would assume, there is somewhat of a legal ground that would allow for a portion of the fees collected to go to non-road use. It appears that and according to the 2004 bylaws, the “fee” for non-road use items was started at $24,000.00 and then capped at 5% each year thereafter.

But then, just EXACTLY what is “non-road” versus “road” use? How does one define that? Do “road” use fees collected and then only to be used for “roads” cover the cost of an office? A copy machine? A postage meter? BOD election ballots? A water cooler?

None of those items pave one inch of road. So, to me, this is trying to split a hair 10 different ways. And if anything, it’s not really an argument based in law, it’s an argument based upon the order of words. What makes one paragraph about road fees being used for roads only the “law” and another paragraph that allows for a portion to be used for non-road use “illegal?” Confusing, yes, indeed. It’s been in effect with the HPP Bylaws for 21 years now and no one has legally challenged that clause until today?

At any event, yes, this entire case is a crap shoot. And a ridiculous one at that! And unfortunately, as you say, no one knows where the jury is going to go, but my gut feeling is that this entire matter is going to cost HPP dearly. In terms of cold hard cash. And lots and lots of it.

If the lawsuit, as some want to say, is a waste of time and money, then it is ALL the fault of the HPPOA board.

And the Board prior, and then the Board prior to the prior Board and then the Board prior to the prior Board...

But then again, the Board is a "reflection" of the HPP residents. They were elected.

And as we see more that ever today, you get what you voted for!

[Obie]

"Has there EVER been a Board of Directors of HPP that HAS NOT been “illegal” “corrupt” “dumb” “stupid” “greedy” "

Therein lies the problem.

It seems there is a group of board haters , the members have changed over the years but according to them there has never been a good board.

Here is a statement from the latest face and voice of that group.

"If the lawsuit, as some want to say, is a waste of time and money, then it is ALL the fault of the HPPOA board."

The current board has followed the directions of at least 3 previous law firms and then to make sure they were doing the correct thing they hired a law firm from Oahu.
The lawsuit has now become a quest by the board to see this through to the end.
Lawsuits by a disgruntled group of haters need to be controlled.

HRS 421J is the blueprint to end this and will be held to be legal.
Under 421J the loser in a lawsuit has to pay all lawyer fees and court costs.

[MyManao]

it is ALL the fault of the HPPOA board.

I find that when a person repeatedly blames others, it is, invariably, their fault.

[Punatang]

"Has there EVER been a Board of Directors of HPP that HAS NOT been “illegal” “corrupt” “dumb” “stupid” “greedy” "

Therein lies the problem.

It seems there is a group of board haters , the members have changed over the years but according to them there has never been a good board.

Here is a statement from the latest face and voice of that group.

"If the lawsuit, as some want to say, is a waste of time and money, then it is ALL the fault of the HPPOA board."

The current board has followed the directions of at least 3 previous law firms and then to make sure they were doing the correct thing they hired a law firm from Oahu.
The lawsuit has now become a quest by the board to see this through to the end.
Lawsuits by a disgruntled group of haters need to be controlled.

HRS 421J is the blueprint to end this and will be held to be legal.
Under 421J the loser in a lawsuit has to pay all lawyer fees and court costs.

Elections have consequences. People love democracy until the majority of their group disagrees with them on who should lead them to achieve the priorities of the majority. Sadly, instead of working to find common ground, many of the losers tend to close their minds and flail about with ad hominem attacks.

[Patricia]

they hired a law firm from Oahu.

And there-in lies one of HPPOA's many problems. Because hiring an attorney from Oahu, who does not know or understand the first thing about substandard subdivisions in Puna (which are NOTHING like condominiums, planned communities, time-shares, or even subdivisions on Oahu) has created a massive cluster of HPPOA mistakes. Mistakes that could have been avoided. But now that those mistakes have been made, HPPOA, as Obie has pointed out, is going to take their misguided "quest" and "see this through to the end." And their numerous attorneys, it seems (all PAID for as long as this cluster drags out) are there to bang coconuts, gallop behind them, and sing HPPOA new "advice and opinion."

HPPOA may as well have hired attorneys from Kansas ("I dont think we're in Kansas anymore...")

421J states explicitly and DEFINITIVELY that membership must be automatic, binding, and NON-SEVERABLE. HPPOA does not fit that definition. I and other HPP Owners are PROOF of that. AS we have relinquished our membership and it has been accepted and documented by HPPOA. Because HPPOA MUST accept and document ANY request for relinquishing. 

Membership in HPPOA is SEVERABLE.

As for "hating" anyone. That is a strong term and emotion. And while I may be passionate, about what I believe and do not believe, I do not "hate." The problems every HPPOA (formerly PHH) board seems to have had, since their messy lawsuits, is that they; lost their way, forgot their purpose, grew too big too fast and had no clue what they were doing, became greedy, wanted more, tried to rewrite their history, tried to make themselves into something they are not, and have been allowed to "rule" without any oversight or consequence for decades. I do not "hate" the board. However, after reading decades of meeting minutes and other docs, it is OBVIOUS that the vast majority of HPPOA board members, who have served over the past 40 plus years, had/have no clue what has occurred before them, where they are supposed to be going, or why. The ignorance is jaw-dropping, but does not make me "hate" them.

The HPPOA board's incompetence is not a reason for "hate." But it should be a loud call for CHANGE.

[MyManao]

HPPOA may as well have hired attorneys from Kansas..

Who is your attorney, Pat?