HPP Biz

[caveat emptor]

I see, your last 2 sentences when you were replying to Mermaid were actually relating to the arbitration effort by the 4 members. Well, what I said in response to you is still applicable to them. In their case the arrogant and ignorant majority on the BOD ignored all (and repeated) requests to discuss any of the issues. Didn't they!?! Leaving the members to seek arbitration on their own. And, the BOD continues to go merrily down that path of destruction and chaos for the Park.

[Kenney]

I'm wondering why the ongoing Arbitration is not on the agenda for Membership meeting this month. Does anybody know why it's being ignored? There is a time limit (which has already passed) to respond. This seems like an issue Members have a right to be informed about.

[flyingsurfer]

The By laws are very clear on how to appoint members to the finance committee. As well as how to resolve a disputed issue. Resorting to name calling, does not help your cause.

[mermaid53]

Kenney, you're right. I think the board is going to claim that this is "legal" biz and therefore can't be discussed. The membership has a right to know what's happening.

flyingsurfer:
Mermaid: a simple call or stopping at the office you would have found the she resigned from the HR committee. The board gave the GM the go ahead to hire and fire. Just as the former GM Scott had.

It's evident you still don't know your bylaws, and should also check your facts before you post flyingsurfer.

The GM has no authority to hire and fire w/out full board involvement. There are NO provisions in our bylaws to allow that period. The majority board has to change the bylaws before they can give complete control to the GM to hire and fire. The board's involvement is in the bylaws for an important reason: checks and balances.

Article VIII Board of Directors Sec 8 Powers and Authority (f) "Employ, supervise, and dismiss such personnel or independent contractors as may be necessary for the maintenance and operation of the Association and its committees, and prescribe such duties for them as are consistent with law, the Articles of Incorporation, and these bylaws."

Where does it say the GM, the Exec Committee or the HRC has any authority alone to make these decisions? Note the language of consistent with law and the Articles of Incorporation as well.

The FULL board didn't hire the HRC person, who for a fact was still on the HRC when she was hired for the temp position, AND the FULL BOARD didn't hire the HRC person for the admin position that the flower/chocolate lady was terminated from. So the whole thing started off illegal and is still illegal and a conflict of interest. It's a fact that the full board was not aware of any of these actions.

The HRC person was hired w/out full board approval as a paid temp to fill in for a few wks while the delinquent road fees girl was away on emergency leave. She wasn't an employee, had no benefits, so this WAS NOT an in house promotion. Advertising that position, taking applications, interviewing and then board vote was the legal way to fill the position. Since none of this happened, all actions should be null and void.

As for Scott, the previous GM...I don't know where you got your info from flyingsurfer. Had you attended years of board meetings during his tenure you would've recognized false info when whomever gave it to you. He NEVER hired or fired w/out FULL BOARD authority. It's against our bylaws. I attended those meetings so I'm speaking first hand.

HRC biz was discussed at open board mtgs, as HRC biz IS NOT SECRET. HRC isn't listed w/all the other committees and there's no minutes or reports. Why not? The membership pays the employees so they have every right to know what positions there are and how many employees we have. I was told by someone that they recently saw an ad in the paper for a road crew person/s. Did the FULL BOARD authorize this?

FYI, and on another note, I heard that a lot owner came forward at the board mtg and told the board that the chip seal project is a fraud. He claimed that chip seal was an inferior product. Definition of Fraud: deceit, trickery, an act of deceiving or misrepresenting. All this non transparency says a lot.

From HPP's financial data, the GM has been spending way less than the normal amt of monies budgeted for real road maintenance since July 2015. Way less. Why? Which means that some of us who may need material on our roads aren't getting it for some reason??? Is that material being saved for the chip seal project???? If so, do you mind them holding back this info and material from you?

We've all been paying for asphalt all these years. Therefore, it's the membership's right to make the decision to change from asphalt to chip seal, not an inexperienced 9 member volunteer board's. Many of us will be affected greatly by this majority board decision for many years to come outlasting their board terms. At least one board member's house is on the market.

Chip seal IS an inferior product to asphalt as the lot owner stated. I've been paying for asphalt all these years. All the homes on asphalt roads have higher property values and sell faster per real estate agents I've spoken with.

Whomever, whenever someone gets a contract to CS all our roads will stand to make a lot of $$$$$$. And we probably won't see asphalt laid on the remainder of our roads again bc all the monies will be going into CS and maintaining it every few years. The time to speak up is now if you're against it OR you want them to give us that presentation we voted for and a right to vote yay or nay. Attend the membership mtg 2/28 @ 3PM.

[flyingsurfer]

My Mom and Dad lived on a road that was chipped sealed about 30 years ago. It is still fine. The Board gave the GM in writting to be able to higher and fire.

[mermaid53]

flyingsurfer, again, the board isn't allowed to change our bylaws w/out going through an amendment process. PERIOD. They are breaking our bylaws by giving full authorization to the GM.

CS is not an option for HPP per an engineer's assessment in the past.

Edited to add: The board cannot change the bylaws. The membership does.

[Obie]

This is the part of your bylaws that gives the board authority to do what ever they want to do.Unless there is a bylaw that specifically forbids it they can delegate hiring and firing as they see fit.There is no bylaw that states that by the way!

"(t) The board shall further have additional powers as necessary for the administration of the affairs of the Association and may
act accordingly as not prohibited by law, the Articles of Incorporation, or these bylaws."

Here are a couple more sections you must have never read or don't understand.

(b) Conduct, manage, and control affairs and business of the Association, and make policies and procedures not inconsistent
with law, the Articles of Incorporation, or the bylaws.
© Maintain, repair, replace, restore, improve, and protect the common property, including, but not limited to, subdivision
roadways, real property, buildings, equipment, and any additional improvements and alterations thereto. The board shall act as a committee of the whole with respect to maintenance of said subdivision roadways, be responsible for road maintenance
activities, and ensure that road maintenance funds are used for road maintenance activities exclusively.

Meaning that if they decide to chipseal every one of your roads,they can do it.

Your annual meetings and all of you committee's are advisory and the board does not have to follow any of their recommendation.

[Kenney]

Road Maintenance funds are being used left and right to meet with lawyers who advise the BOD on how to disregard member votes and circumvent the Bi laws.

[caveat emptor]

Mermaid, the BOD has already discussed the arbitration in the last board meeting. I wouldn't think they would now try to squelch the discussion by using an absurd deflection like "legal biz".
But, then again, they are arrogant and ignorant which, by the way, isn't name calling if it is being used to describe actions and statements witnessed by hundreds of people.

[mermaid53]

Obie: This is the part of your bylaws that gives the board authority to do what ever they want to do.Unless there is a bylaw that specifically forbids it they can delegate hiring and firing as they see fit.There is no bylaw that states that by the way!

WRONG! AND you are missing the point of the debate. There are no provisions in our bylaws period. And I have read those other sections in the bylaws. YOU don't understand them. You need to study HPP's bylaws better. And since you brought it up, they are not maintaining HPP's properties as they are supposed to. That's why we have illegal driveways popping up all over HPP's main drags, encroachments that aren't being addressed and main drags w/little to no center dividing line. (all big safety concerns).

You also have been advocating for CS on this thread but it doesn't affect you in any shape or form, nor in the wallet since you don't live in HPP.

The board is breaking this bylaw under Objects and Purposes (e) To foster an atmosphere of cooperation and harmony that encourages the participation of lot owners in the mgmt and operation of the association." This isn't supposed to be a dictatorship. The term "representative" is exactly what it means, they are supposed to represent the membership..not dictate, not retaliate against, not overturn their voting power, not treat w/disdain.

They're breaking the bylaws w/their non transparency of our monies. Why all this energy expended to go against us instead of using it to "represent" US? Why all the spending of our monies consulting w/attorneys then? Something's to be lost or gained here in a personal agenda perhaps? It makes no sense otherwise.

It's our subdivision and our money they're spending, not your's Obie! Hard earned money I might add w/every attorney they consult to see if they can go against the membership. They are a liability to the association. Hence, the arbitration in process.

To think some of them have another year and half or more to go ...