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Thank you for the report, Mermaid. Sounds like progress and a good start on some overdue reform.
Although the mediation with the DOH on the dust issue has merit, I almost wish the HPPOA had countersued, making the County of Hawaii a co-defendant. It was, after all, the county's approval of this (and other) subdivision's creation with substandard roads that led to the whole issue.
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wish the HPPOA had countersued, making the County of Hawaii a co-defendant
I'm sure HPP wouldn't want any "freeloaders" benefitting from "their" lawsuit that "they paid for".
Snark aside, that countersuit is a perfect example of "taking the fight where it belongs".
the county's approval of this (and other) subdivision's
In violation of the very "rules and laws" ... on the books at the time ... would be very interesting in court...
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There's a pretty detailed unofficial report on Facebook's HPP Next Door page about yesterday's membership meeting. Consensus was it was the most civil meeting in memory. Lots of interesting votes were passed including Lack of Confidence in GM. Group is here:
https://www.facebook.com/groups/HPPnextDoor/ If you live in HPP and are not a member of this group, you are missing some vital info. It's a very civil group with over 1300 members.
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I want to thank you as well Mermaid. I hear a few things here and there and try to keep abreast with what is happening but it is hard as I am still scattered and spread to thin. I count on hearing from you here. Sounds like things are taking a turn for the better and I am going to add that it is way overdue. Is it not amazing that when a majority of the board learns, knows and respects the bi-laws and follows them and Roberts Rules everything is better. I did see that Tsar Jo is still trying to cause trouble from afar as well as Randi who does not even live in HPP. Do they still own property here? It is blatantly apparent that they never wanted to learn the rules or follow them. They have a superiority complex thinking rules are only for everyone else. Sad they are such mean spirited beings. Ruth has lived here for a long, long,long time and she still has no clue what the bi-laws are. These trouble makers just never learned respect. Any way, for my sake, keep up the good posting as I count on it. Sincerely I do.
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Thanks for your report, Mermaid! I posted about the one on FB before I saw yours. Between the two of you, I'm guessing everything was well covered. I'd repeat their post here, but I don't have permission, so I suggest everyone read both reports. There's no discrepancies, just add'l info. Things are looking up! We even had our dead-end street's easements mowed a few weeks back.
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"The new board has asked for information from the office and has been denied."
By what authority can the office deny the Board?
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This has happened before. It appears as if they think they work for and owe fidelity to the Manager and not the Association, which pays all their checks.
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Stop paying them, tell them they need to find another job.
Fire them.
Make it clear who's in charge.[
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Highlights of the HPP board mtg 15 Nov 2017
Forensic Analyst Dirk Von Guenthner gave the board information on his work experiences and explained how he conducts his investigation. He starts w/all the bank statements and would then focus on the disbursements. (The FC has asked to see bank statements for a year and a half now w/no luck until they got support w/this new board) He would look at all the receipts etc. He was asked if he could look for specific items i.e. CS project, and he said yes. He would look at what was contracted vs what was done. He was asked if he could look to see if expenditures match board approved expenses. Mr Von Guenthner replied yes and that he can see whether the budget is met or not. He said he has a good nose if something smells as he's been doing this for 34 yrs now.
If there's a case to be made, he will inform the board whether it's worthy to pursue. If so, he will line everything up and put a case together to take to a prosecutor. He charges $275/hr and $85/hr for his paralegal.
The Treasurer told him HPP will go back 10 yrs bc that's what the membership wanted. The motion the membership voted for didn't have that language in it and he was reminded twice about that by the board pres. The forensic analyst said we can't put the investigation into a tight timeline box either because it doesn't work like that. He would start investigating and see where it starts heading.
(Oftentimes, businesses have a forensic analysis every 3-5 yrs. HPP has never had one done. The annual audit HPP has is only as good as what info the GM gives them. For the past 2 yrs, the auditor hasn't been given what they normally have been given in past years of svc to HPP. The GM recommended at the board mtg to change the auditor out for another one next year.)
President's Report: She clarified that her motion at the previous Special board mtg to null and void all illegal votes that were adverse to our bylaws passed by previous boards, was voted down. She looked for the motion log in the ofc and there's nothing AFTER 2009. (A HUGE concern) She motioned to post draft mtg minutes on the website which the membership voted for. Motion failed.
GM's Report: He proposed another product for our roads. He suggested it in 2015 and that board wasn't interested. He thought this board may want to take a look at it. He said there was 1 mile left of CS to go and the Grasshopper contract (main drag easement maint) expires in Dec.
Committee Reports:
The Path Committee asked the board for 5 signs @ $60.00 ea. The board approved it upon confirmation of whether our insurance company will cover liability for the paths. The committee is looking for volunteers...weed whacking etc.
The Equity Committee is seeking approval for a test road using cement. The board wishes to research this further, i.e. health risks during application, speak w/an engineer etc. first.
Finance Committee: they advised the board to not finish the last mile of CS and save HPP $90,000 since the contract is illegal. Some board members thought we'd get sued if we didn't fulfill the contract. An FC member researched this and we aren't required to fulfill the contract if it's illegal. Also the GM signed the contract which is against our bylaws and Corporate Policy. They advised the board not to renew the Grasshopper Contract expiring in Dec, for similar reasons and the GM signed that contract as well. (At 2 previous FC mtgs, the GM said he only did what the previous boards told him to) The FC advised the board to consider doing the forensic analysis, not just because it's in the best interest of HPP, but bc the membership voted unanimously for it.
Community Resource Report: The Food Pantry has extended their help to the military veterans. They are seeking Christmas donations for keikis 0-12 yrs old and there are 230 of them this yr. The 1st week in December a grp will be coming to speak w/the Emergency Response Team about their experiences w/the recent hurricane in Puerto Rico.
Old Biz:
Road fee increase: The FC advised rounding it out to $318/lot. During discussion, treasurer Chris Anderson Dist 8 stated they should raise the road fees 10% every year to pay off the bond faster. Some board members stated it doesn't work that way, but he was insistent, which dragged out the discussion for 30 min or more. Dist 8, Dist 2 (Mizuba) and Dist 4 (Olson) voted for a 10% increase. Vote didn't pass. Then Dist 2 (Mizuba) motioned $328/lot. Motion passed. Dist 5 (Pres Laucik) and Dist 7 (Blyth) voted no.
New Biz:
Vote for HR Committee: 2 volunteers have come forward. Leslie Blyth had already been appointed back in Aug 2017 as the rep on the HR. Dist 2 rep Mizuba said she didn't want someone on there that was connected to the arbitration (wife of). The pres told her she was speaking inappropriately and to stop. Long story short, a few reps (who aren't qualified) want qualifications for the HR and stonewalled the vote going through until the 2 volunteers are vetted by the board. Yes, this is an important committee. BUT certain employees and specific reps said they don't want just "anyone" on the HR. These aren't my words..(The timing is interesting as the membership voted for the board to consider replacing the GM)
Forensic Accountant Discussion: The pres made a motion to accept moving forward to have a forensic analysis bc the membership voted unanimously for it, despite the talk of the costs, members thought the $ would be well spent vs not knowing what's been going on w/their $ for yrs. It got voted down pending what it would cost. The pres reminded them that the membership already had that discussion about the money at the membership mtg but still voted unanimously for it. Her motion didn't pass. Dist 2 Mizuba didn't think the board should have to do what the membership votes for at a membership mtg. (It's state law and Mizuba has a habit of dismissing this specific state law. As long as there was a quorum voting, it becomes "the acts of the membership".) Old reps mentioned they don't have to do what the membership wants.
Nominating Committee: Volunteers came forward near the end of the membership mtg while people were leaving so the members weren't able to vote for the NC. They volunteered since no one else came forward and most are individuals who are on other committees. The board voted to allow this ad hoc committee to get started on the duties of the NC so the election process doesn't get delayed. The ad hoc committee will report to the members at the Feb membership mtg, and will be requesting to be legally voted in.
People, if the board tries to thwart having the forensic analysis as the membership voted, you should come forward and demand it. It was a unanimous members vote. No one is saying there was fraud but these obstructionist behaviors mimic someone who has something to hide. If anything, you'd think they'd want to prove all is G and allow the forensic analysis to proceed.
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President's Report: She clarified that her motion at the previous Special board mtg to null and void all illegal votes that were adverse to our bylaws passed by previous boards, was voted down. She looked for the motion log in the ofc and there's nothing AFTER 2009. (A HUGE concern)
P. S. For timeline purposes, prior to Jul 2014, witnesses say the motion log folder could be found in the ofc.
