HPP BIZ: Part the second

[leo]

Posted on HPP Facebook today with reminder of the board meeting tonight

Bylaws Article VII Sec 3 "The acts of a majority of the membership present at any membership meeting at which a quorum, as per Article V, Sec 12, is present shall be the acts of the Association except as otherwise provided herein." and Hawaii Revised Statutes 414D-112 (a) "Unless this chapter, the articles, or the bylaws require a greater vote or voting by class, if a quorum is present, the affirmative vote of the votes represented and voting (which affirmative votes also constitute a majority of the required quorum) is the acts of the members."

The votes cast far exceeded our quorum of 30. It was a unanimous vote for the forensic analysis. According to legal opinion paid by HPP lot owners, the Acts of the Membership is binding, is not subject to the board's approval and the board must take action for the members.

It's been over a year since we voted for the forensic analysis. They should show us there's nothing to hide and have the forensic analysis. Unless there is something to hide. It's been several months since the bylaw ballots were voted on at the members meeting in February this year, and we haven't yet received the ballots in the mail for an association vote. The majority board will be violating our state statutes and our bylaws if they vote No or road block this at the board meeting.

We need to attend and speak up at the meeting this Wednesday. Tell the board to vote Yes for both forensic analysis and the bylaw ballots that were passed by us. If they won't, it's time we get some answers. Something stinks, time to find out why. Might be time to recall some of those board members so watch how they vote. We can use those votes to recall them.

[mermaid53]

Mahalo Leo for getting this information out there.

Aloha,

What I'd like to add to this is that the board already voted for the forensic analysis at the last board meeting. It was late, 2 of the majority vote had left, and the vote came down to a 4/3 split in OUR favor.

My motion was this: D5 is to contact Mr Guenther to move forward with the forensic analysis. Motion carried.
Yes D7, D5, D2 and D9. No D3, D6 Abstain D4

So with that, Mr Guenther was contacted and he drew up a Service Agreement with a $5000 fee that is similar to what an attorney would request as a retainer.

The majority board is unhappy that the motion carried. Two of the majority were absent at the time the vote took place. Some want to back peddle it now w/their majority vote. If they truly represent the membership and respect and follow the bylaws in regards to the Acts of the Membership, approving the funding for the forensic analyst shouldn't be an issue, right? Simple as that.

As for the ballots.... my motion was: "Pending an affirmative legal review that the proposed bylaw changes are compliant with state law, the board will approve the League of Women Voters to do the ballot counting for $600 and approve $3000 to get the ballots printed by Hawaii Printing Corp." Yes D7, D2, D5 and D9. No D3, D4 and D6. Motion carried. It appears they want to back peddle this as well.

And yes, D7 and I are slated to be removed as officers in exec session. Both D7 and I have requested it be done in open session.

Yes, agree with the FB post above, please attend the board meeting tonight and let your voice be heard during owner input, or if anything witness how your reps vote.

Mahalo....

[Obie]

"(l) Designate or appoint committees, which shall report and make recommendations to the board"

From your bylaws,it says recommendations .

[kalakoa]

From your bylaws...

I thought the problem was that nobody followed the bylaws? (Again, yet, still, ever.)

[Old Croc]

quote:

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And yes, D7 and I are slated to be removed as officers in exec session. Both D7 and I have requested it be done in open session.

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Give 'em hell, mermaid!

[Old Croc]

Truly, it's time to bring pitchforks and torches to the next HPP Members meeting.

[mermaid53]

Thanks for the encouragement Old Croc []

Obie: "(l) Designate or appoint committees, which shall report and make recommendations to the board"

From your bylaws,it says recommendations ."

What does this have to do with anything? Absolutely nothing.

[dan d]

Thanks again mermaid. If you need any help please ask me. Im there for you.
Dan


HPP

[Old Croc]

mermaid, I suspect Obie's meaning is that the Board is not obligated to act on the annoying recommendations of these annoying committees.

[Katarina]

I'd say "say it isn't so" but I know it is. I have learned that the majority board removed the president and V.P. and did not replace them. Then they tried to pull a "special" board meeting again without the 7 day notice, When they got caught again.... they called for a "urgent" meeting for tonight. When a sane person reads the bylaws, they can't help but understand that "urgent" means "urgent" like is as it can't wait; there is eminent danger etc. not that they decided to not finish business. And this business can wait. We can see their writing on the wall. They want to control the upcoming Membership Meeting. They want to bury the forensic analysis, bylaw amendments, membership committees etc. etc. They want the Treasurer to fully control the Finance Committee reporting. It is crystal clear she has no clue what the words mean that come out of her mouth. Another GM bobble head. Thought things were awful before? Well I am sure the GM is giddy. His cash cow has been protected again. The select few will get to do what they want and the rest will be shut out. So much for the new board members promises of transparency and reflecting the members wishes. The tide washed that away in a hurry. Their arrogance is nauseating.