HPP BIZ: Part the second

[kalakoa]

Why not get rid of the districts altogether

Same reason Puna is split D4 / D5.

[mermaid53]

8fingers - HPP is too huge. To make it manageable we have to have 9 districts. Bc there are 9 districts, each district votes in their own rep and only the districts can remove their own rep. The smaller subdivisions don't have districts so they can vote for or get rid of their reps at a membership mtg. We have 850+ lot owners in each district w/over 8,800 lot owners total in HPP and 137 miles of roads. Over 12,000 people live in HPP. It's possible half of the lots or nearly half are unimproved lots.

dad d, thanks for signing up for the Nominating Committee. We got our 5 minimum and I look forward to working with the 4 that signed up. They are all law abiding members and we will try our best to have a clean election this year. Hopefully we won't have a repeat of the last election when the former board president and his majority board took away the Nominating Committee duties and took over the election. His district 6 is up for election next year.

Fortunately the uproar at the mtg between whomever didn't happen until the very end. Most of the people had left by then.

Here is a portion of Dist5 rep's forensic analysis report that many missed. Thought you might like the information:

"I was given permission to speak on behalf of Bruce B. who made a motion at the membership mtg in Oct 2017 to have a forensic analysis. The membership voted for a forensic analysis, not a forensic audit. The intent of requesting a forensic analysis was so the membership if needed, could recoup their monies and prosecute if anything serious was discovered. Mr Von Guenther is the only forensic analyst on the island and his work takes him statewide. He also has been hired by big corporations in the mainland. Mr Von Guenther has a resume going back 40 years.

Our annual audit is only based on the information given and it only looks at balancing the numbers in the accounting and bookkeeping procedures and they will flag things in their report if they discover any irregularities. The board can either do something about it or do nothing when items are flagged. That is as far as they take it, hence the forensic analysis.

After the membership voted unanimously for a forensic analysis, then former president at the time, Lori L. (one of the most competent and balanced presidents I've ever known) brought it to the board for discussion. Seeking 3 bids was discussed back then by Dist7 rep, but they concluded there was only one company on the island that does a forensic analysis. Mr Von Guenther's fees are less than many attorneys in Hilo.

Dist7 and Dist5 reps contacted Mr Von Guenther after a board vote in Sep 2018 was passed to contact him "to move forward" w/the forensic analysis. We discussed what his services entailed. He drew up a service agreement requesting $5000 down for his basic service. He thought it best to do the forensic analysis in increments so the membership could control the costs. That it may not be advantageous for us cost wise to go back a decade and could put us in an unnecessary and binding 10 yr contract. Going back 4 yrs was discussed and depending on what he discovers, and what he advises, it would then be brought back to the membership for vote if you want him to go back further. Dist7 and Dist5 reps intent in our discussion w/Mr Von Guenther was for the membership to be involved in these decisions since it's your money and it was the Acts of the Membership that voted to have the forensic analysis.

Mr Von Guenther said if we wanted to lower costs, we could have Finance Committee members and/or association members assist him in the paperwork. Dist7 and Dist5 reps are willing to volunteer in this effort. He said within 3 weeks he would be able to assess if we have irregularities. If the membership wanted, he could also include service at a later time to assist us in improving our financial procedures as a proactive measure for future HPP business.

Per our bylaws and state law, The Acts of the Membership is a majority vote taken at a membership meeting. Per legal opinions, the Acts of the Membership is binding, is not subject to board approval and the board must act upon it. Therefore the board was supposed to carry out the forensic analysis which you voted unanimously for in Oct 2017. A year later Dist7 and Dist5 reps took it as far as we could with the majority board until we hit a solid rock wall of resistance. Why?

Mr B. wanted to express to the membership that he still wants the membership to proceed with the forensic analysis. The question is what do you want to do at this point? Do you want the board to sign the service agreement with Mr Von Guenther and issue payment of $5000 so he can start the forensic analysis process right away? It's up to the membership to act now."

[mermaid53]

P. S. There has been great controversy on the motion made by Bruce B. for the forensic analysis. There was no time frame stated in the motion but many have been misinformed thinking the motion stated 10 yrs. NOPE. An office employee discussed wanting it to go back 10 yrs. That was not in the motion...you can look for yourselves. Dist4 rep stated as recently as the mtg yesterday that it was supposed to go back 10 yrs. NOPE...

[dan d]

Thanks for the info. I would have liked to stay later,but after 3 loud arguments, the last screaming one before yours was tooo much for me( and after 2.5 hours my back couldnt stand the sitting. )

I WILL bring a more comfortable chair to the next one and maybe a bunch of pizza to make the proceedings more friendly? I dont have your contact info ,so its up to u to let me know when to meet with your committee.
Aloha


HPP

[EightFingers]

quote:

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Originally posted by kalakoa

Why not get rid of the districts altogether

Same reason Puna is split D4 / D5.

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Care to elaborate?

[Kenney]

quote:

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Originally posted by Kenney

Mermaid, Leo, Katrina, I too am stunned at the nasty people always getting and maintaining control of HPP “Association”. Once they do their harm, they quickly disappear, presumably to avoid the repercussions of their illegal and immoral actions, leaving us with the mess.
Every time we get honest people on the BOD, they are run out by the nastys. I couldn’t believe that of all people being deposed by the BOD, it was Leslie and Mermaid who were removed from Pres. and VP positions, and were replaced by a person who can’t even bring himself to attend a meeting, much less run one. If anyone should be deposed or recalled, it should be the person who was disqualified for a Board position by the Nominating Committee, yet he remains on the BOD. Even more distressing and ridiculous is the effort to recall Mermaid, who besides Leslie, is the only person on the BOD who wants the Association to be representative of the residents, as intended.
Obviously our roads are a shambles. Mermaid (and others) has been working tirelessly, for YEARS, to get our roads up to standards which would provide safety to drivers. We have no stripes, reflectors, signage. We have not had our roads maintained for years, yet the BOD keeps finding excuses to raise the road fees, while ignoring recommendations of Committees who have put a lot of effort into research and reporting. That is why I will no longer join any Committees here. It is a waste of time if the BOD dismantles or ignores the Committee recommendations as they constantly do.
Employees think they run HPP, and the BOD and GM encourages this disrespect from Employees. One Employee stood at the mike and would not leave even after her question was answered repeatedly, then continued to hog the center stage and stall while she “read the Bylaws” or at least the part she thought supported her position. If the Bylaw Committee ever gets a foothold, I hope they change the Bylaws to require that all Employees are NOT residents of HPP so they learn to keep their mouths shut at meetings, and show some restraint and respect towards Members.
We voted no confidence in the GM, yet he continues his rampage on our Community. This man is totally unqualified to manage any Subdivision,
We voted unanimously for the Forensic Audit, yet it has been over a year and it still hasn’t happened. If there is nothing to hide, why not just do it? We spend a lot more than 5k on Attorneys opinions (to cover the backside of BOD Members and Staff over and over again) and DOH fines!. That’s our road money!
The Audit the Membership wanted was on “old business” on the Agenda. That’s a great way to insure that there will not be a quorum by the time it’s brought up in a meeting. People get so sick of the disfunctional, hate filled meetings, they just leave. It is old business, already voted on by the Membership. What more is there to discuss? Just do it!
The Day Lum Owner was a Godsend. Finally there is someone who knows our History, Bylaws, finances and roads and has the skills and experience to Manage HPP as she did in the late 80’s through the mid 90’s. The roads were maintained then regularly and the cost wasn’t breaking our backs. She did a excellent job far more effeciantly than any BOD or GM , before or after her time managing HPP, with less staff and at far less cost to us.
She made it very clear that she does not need us. We need her. She also made it very clear that the reason HPP was put into Court Ordered Management was because Road Fees were being used for things other than roads AS THEY ARE NOW. She also made the point that BOD Members both individually and as a group could be sued for their illegal actions. (Which is why I believe so many past BOD Members leave the state after they do their harm)
If Day Lum doesn’t manage HPP, I fear we are all in a heap of trouble.

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[mermaid53]

Mahalo Kenney for your spot on analysis and thoughts about HPP's issues.

One more clarification between our annual audit vs a forensic analysis...

A forensic analysis goes much deeper into the finances. As an expert they know what to look for. Then he can provide all the data necessary to present to a prosecuting atty if this is what the corporation, any corporation wishes to do when/if there is undeniable evidence. Since the vote came from the membership to have this forensic analysis, the membership would have to be in the loop w/his reports...total transparency.

The bottom line as many have said and believe, if there is nothing to hide prove it and have the analysis conducted once and for all. It is the will of the membership, after all, you voted for it UNANIMOUSLY at the Oct 2017 membership mtg.

[dan d]

So where do we go from here?


HPP

[EightFingers]

quote:

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Originally posted by dan d

So where do we go from here?


HPP

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Attend the board meetings. The more people there, the more uncomfortable the board gets. Apathy is the fuel of a dysfunctional board. Right now, the best we can do is be present at the meetings.
Again:
Apathy is the fuel of a dysfunctional board.

[Old Croc]

quote:

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We need her. She also made it very clear that the reason HPP was put into Court Ordered Management was because Road Fees were being used for things other than roads AS THEY ARE NOW. She also made the point that BOD Members both individually and as a group could be sued for their illegal actions.

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Seems to me HPP should use Day Lum as an advisor to accomplish this again.