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I went to the orchidland.org website today and found the transcripts of the most recent hearing:
http://orchidland.org/pdf/legalinfo/June...script.pdf
And a statement about the legal status:
http://orchidland.org/pdf/legalinfo/Lega...earing.pdf
This case is now entering its 3rd year and there is no end in sight. The judge has named the 2 sides "Arthurs Group" (plaintiffs) and "Wirick Group" (defendants). Works for me.
A "Special Master" will be assigned to investigate the governance, operations, and financial situation of OLCA. I think the biggest task for the SM will be to determine which of the 2 groups is the real board. The judge can't seem to figure it out.
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determine which of the 2 groups is the real board
...instead of paving the roads, or taking the fight to County.
What a wonderful use of resources!
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It is obvious one group does everything the Arthurs group does absolutely nothing except of course bring lawsuits and cost us all money
Kw
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If the Arthurs group loses do they have to pay court costs, lawyers fees, and compensation to the defendents? Otherwise it seems there is no penalty for this type of harassment...
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The Wirick group sent me a bill with a note saying 'the membership' approved a $200 fee this year. I seriously doubt it.
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The acting board , The one doing actual work on the roads,(The Wirick Group). BTW also the one on the insurance policy and being represented by an attorney from that company speaks volumes as to which group is bonafide right from the start.
One Thing I can always be sure of is that things will never go as expected.
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Also the one violating the bylaws and pushing this fee increase (which I have neither received notice of, nor did I get anything previously about there being a vote to approve it).
Frankly NEITHER of them deserves any confidence from anyone. We need a clean election run by an outside group, with more candidates than there are seats on the board (unlike the "elections" each side held to put themselves in power). But it seems like both are afraid of that.
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The Arthur's group lawsuit seeks "receivership" which means a court-appointed outside group runs the road association in a manner that is only in the best interests of Orchidland residents. Since nobody seems to know who is really in charge of the board, I'm not sure how this can be a bad thing. At least temporarily until stuff can be worked out.
ETA: content
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Midnight Rambler: "... pushing this fee increase ( which I have neither received notice of, nor did I get anything previously about there being a vote to approve it). "
I also have not received anything regarding this fee increase.
The Wirick group took control of the board by using unauthorized and unvalidated ( and in my opinion unethical ) proxy votes. The Arthurs group want the court to put Orchidland into receivership to straighten out the situation.
The by-laws in effect at the time were silent in regards to proxy votes. The Wirick group used the legal loophole that the Hawaii Revised Statutes state that if by-laws are silent, proxies are allowed. They ignored the fact that proxy votes had been discussed several times at previous general membership meetings, and voted down each time. Unfortunately, this was never incorporated formally into the by-laws. They ( the Wirick group ) showed up at a meeting with handfuls of what they claimed were legal proxies, even while admitting no third party was involved in either the mailing or counting to ensure an unbiased process.
I am assuming the current increase was also authorized by proxy votes.
Orchidlandowner: " It's obvious one group does everything..."
That also includes abandoning the paving plan that had been previously approved and voted on by the general membership: Ilima was next in the sequence for pavement, and had been totally prepped for asphalt using Orchidland funds. Instead, all that was left to deteriorate, while a stretch of another road ( coincidentally in front of a Wirick group member's house ), was paved instead. The prep was not adequate, and that stretch is in poor condition as a result.
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Instead, all that was left to deteriorate, while a stretch of another road ( coincidentally in front of a Wirick group member's house ), was paved instead.
Which also had the effect of tripling the traffic on that stretch of road, and greatly increasing the access for thieves.
And yeah, I'm waiting for the first really big rain to see how it holds up. There still hasn't been a serious 20"+ storm that got the river really flowing since it was paved. There's a reason they had stopped at that point.
