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+--- Thread: HISTORY AS PROMISED (/showthread.php?tid=23434)
RE: HISTORY AS PROMISED - My 2 cents - 10-18-2024
Thank you, I got in.
Who is paying for all these defense attorneys, D&O insurance or HPPOA?
Either way, what a waste. If all of this time and money could be spent on forcing the county to correct their wrongdoing none of this would be necessary. Now and forever.
RE: HISTORY AS PROMISED - Obie - 10-18-2024
"What?
A lot of people volunteer- not just board members- and they aren't being sued.
Not following you."
She personally named the president and vice president along with HPPOA in her court action.
She is suing them for Breach of Fiduciary Duty.
Are you sure Nicole wants her name and all of her personal information posted on Punatalk ? It's all in the court case records. Phone numbers, addresses here and in California and her extensive court records.
RE: HISTORY AS PROMISED - Chas - 10-18-2024
She is also suing them for violating Fair Housing Act 42 for discriminating against her and those hard of hearing during BOD and membership meetings and public events.
Since she doesn't even live here she must attend these via Zoom.
RE: HISTORY AS PROMISED - Obie - 10-18-2024
(10-18-2024, 10:44 AM)My 2 cents Wrote: Thank you, I got in.Yeah, what a waste. Patricia's group of HPP haters found an attorney from California who owns a property in HPP. She is suing HPPOA and our President and Vice President.
Who is paying for all these defense attorneys, D&O insurance or HPPOA?
Either way, what a waste. If all of this time and money could be spent on forcing the county to correct their wrongdoing none of this would be necessary. Now and forever.
A Go Fund Me Account is paying her bills and the group of HPP haters are funding it.
Owners association fees are paying the deductible amount and insurance will pick up the rest.
This group of haters are going to end up paying whether they win or lose.
RE: HISTORY AS PROMISED - Patricia - 10-18-2024
(10-18-2024, 05:24 PM)Obie Wrote:---------------(10-18-2024, 10:44 AM)My 2 cents Wrote: Thank you, I got in.Yeah, what a waste. Patricia's group of HPP haters found an attorney from California who owns a property in HPP. She is suing HPPOA and our President and Vice President.
Who is paying for all these defense attorneys, D&O insurance or HPPOA?
Either way, what a waste. If all of this time and money could be spent on forcing the county to correct their wrongdoing none of this would be necessary. Now and forever.
A Go Fund Me Account is paying her bills and the group of HPP haters are funding it.
Owners association fees are paying the deductible amount and insurance will pick up the rest.
This group of haters are going to end up paying whether they win or lose.
Aloha, My 2 Cents. Yes it is a waste. And it is one of the concerns that owners presented to the court decades ago- that any oversight owners have over HPPOA (formerly Paradise Hui Hanalike) to force them to comply with court orders and law, would require owners to sue, costing them much time and money. But Stuart Oda, who was HPPOA's lawyer at the time, waived that off as nonsense and convinced the court it was nothing to worry about. Years later, after lawsuit after lawsuit occurred, owners would request that the Court order that Paradise Hui Hanalike (now HPPOA) would have to use association money (their dues) and not restricted road fee money to pay for their legal costs- buy again, the courts blew off owners.
The current lawsuit is the result of board overreach and telling owners, literally to, "Bring it on!" I was at last year's April board meeting when this was yelled out by the VP. The lawyer to whom Mr. O refers, is a CA lawyer, who is a property owner, divides her time between HPP and CA, and was fed up with the board's "We can now do whatever we want," attitude. No one hired her and she donates much of her time and efforts (tens of thousands of dollars worth). She does have a Go Fund Me, which she set up to help defray her costs. You can look it up. The amount she has collected is less than $5,000. People are wary to contribute, because they do not want to be targeted by the board or their followers. I have never contributed and was still targeted by the board, who had their attorney send me a "Notice to Preserve Evidence." I have attached it, if your are interested in reading it.
I cannot speak for anyone else, but I do not hate anyone. At one point, in fact, I was pretty friendly with the current president and VP and I and others who Mr. O. now, apparently, thinks are "haters" spent a lot of our own time and money to help them get where they are (I am still kicking myself about this).
Currently owners in HPP pay HPPOA $435 dollars a year (for every, 1 acre or less, lot they own). The HPPOA board has the ability to raise that amount by 10% every year. If they decide, once again this year, to raise the amount due for 2025, owners will be paying $480 per every 1 acre or less lot they own. The board and their supporters feel this is justifiable, given that HPP is such a large place and there is "so much more" than roads which HPPOA and their followers want. However, HPP owners are only obligated to pay for road maintenance not whatever else the board and their supporters want, which is why there is a lawsuit.
If you noticed, reading the docket, parties have been added to the law suit. These parties are legal counsel who represent the Watumull's. They are involved in the lawsuit, because HPPOA brought them in to "clarify" what the deed restrictions "mean" for the 4 parcels HPPOA has used for mailbox sites. The deed restrictions state the land can be used for Parks, Schools, and Recreation. Before the mailbox sites were built, HPPOA never got a release, regarding the deed restrictions. Instead, they have tried to smooth that over using the term "mail parks." If you look that term up on Google, you will not find it used anywhere, except in conjunction with HPPOA business.
I apologize for the length of this, but felt Mr
O's inaccuracies need to be addressed.
Mahalo for your interest and patience.
Aloha, My 2 Cents. Here is the letter from one of the HPPOA attorneys. I could not get it to attach to my earlier reply.
Mahalo again-
RE: HISTORY AS PROMISED - Patricia - 10-18-2024
(10-18-2024, 05:12 PM)Obie Wrote: "What?----------
A lot of people volunteer- not just board members- and they aren't being sued.
Not following you."
She personally named the president and vice president along with HPPOA in her court action.
She is suing them for Breach of Fiduciary Duty.
Are you sure Nicole wants her name and all of her personal information posted on Punatalk ? It's all in the court case records. Phone numbers, addresses here and in California and her extensive court records.
The court case is public record. Another reason why some of us admire her for doing what she is doing. She is truly putting herself out there. And she is volunteering her money (not HPP Owner money) and her time to do this.
In addition, Nicole's "extensive court records" have to do with traffic infractions- nothing criminal or untoward. And if you look up some of the board members you can see their "extensive court records" too.
RE: HISTORY AS PROMISED - My 2 cents - 10-19-2024
Patricia - Did they ever subpoena you? That letter sounds to me more like an attempt to intimidate you and quiet you down than anything else, but please don’t let my words influence your actions in any way. I expect that you’ve probably already turned it over to Ms. Craig, I’m curious what she had to say about it.
I’m also curious about what you meant by “adopting 421J”. Did HPPOA actually change their bylaws or charter or any other documents to reflect this? Or are they just trying to use it in court as a defense and hoping it flies?
Obie - A few pages back you said: ”If you want paved roads, water. sewers, move somewhere that has those things.”
I agree with you 100%. Now, if I were to say: ”If you want to live in a community governed by a 421J Planned Community Association, you should move somewhere that has that”, would you agree with me?
RE: HISTORY AS PROMISED - Patricia - 10-19-2024
(10-19-2024, 09:12 AM)My 2 cents Wrote: Patricia - Did they ever subpoena you? That letter sounds to me more like an attempt to intimidate you and quiet you down than anything else, but please don’t let my words influence your actions in any way. I expect that you’ve probably already turned it over to Ms. Craig, I’m curious what she had to say about it.-----------
I’m also curious about what you meant by “adopting 421J”. Did HPPOA actually change their bylaws or charter or any other documents to reflect this? Or are they just trying to use it in court as a defense and hoping it flies?
Obie - A few pages back you said: ”If you want paved roads, water. sewers, move somewhere that has those things.”
I agree with you 100%. Now, if I were to say: ”If you want to live in a community governed by a 421J Planned Community Association, you should move somewhere that has that”, would you agree with me?
Aloha, My 2 Cents. Yes, that letter was exactly that intimidation. In addition, I received a lot of ugly from the board's supporters, which is why I eventually closed my social media pages (I just recently opened a public page- very small group- on FB again.) There was a lot of info on my old pages that took a lot of work to find. So, HPPOA's loss. They never subpoenaed me and I never worked for HPPOA or had a contract with them. Therefore, no obligation to do anything for them. If you Google Barron Oda and his history with the Bishop Museum, his letter isn't surprising. Just his operating M.O.
HPPOA adopted 421J at a board meeting last April (2023). They did this, using a resolution and in violation of bylaw. After doing this, they illegally dissolved an owner/members bylaw committee that was elected (as per bylaw) by owner/members, and replaced it with a board run (3 board members and 2 of their supporters) committee. They are now in the process of amending bylaw to "compy with" 421J.
RE: HISTORY AS PROMISED - Obie - 10-19-2024
My 2 cents
Instead of believing Patricia's explanation perhaps you would like to read our board's well written explanation.
You can find it here :
https://www.hppoa.net/executive-information/hrs-421j/
RE: HISTORY AS PROMISED - Patricia - 10-20-2024
(10-19-2024, 10:40 PM)Obie Wrote: My 2 centsAloha, Mr. O.
Instead of believing Patricia's explanation perhaps you would like to read our board's well written explanation.
You can find it here :
https://www.hppoa.net/executive-information/hrs-421j/
---------
Please show me where there is any mention of Owners Associations (not Home Owners Associations).
A Planned Community defined by 607-14 a vague reference (referred to in one sentence in another lawsuit) which states, "obligations running with the land." While maintaining an easement may be an obligation that runs with the land, shared easements do not constitute a Planned community.
There are no declarations or restrictions (no CC&Rs) recorded in HPP owners deeds (other than for some of us, roads/easements).
HPP Owners may be made automatic members BUT HPP Owners may sever and relinquish their membership at any time- something that some on the board are desperate to change. Hence, bylaw amendments.
Also, about those attorney's, in addition to Anna, those attorneys do not understand that HPPOA is a voluntary association. Neither do the HPPOA auditors the board hires, the USPS, our County reps, or many of the HPP owners themselves. They do not understand, because they have not read the history and court orders, and HPPOA has been very thorough in making sure those are not discussed and that a lot of that history is forgotten.