HPP BIZ: Part the third

[Obie]

"You need to read the entire lawsuit Larry Kawaauhau has filed against Mayelin Stillwell, Leslie Blythe AND HPPOA, not just the judge’s comments "

I paid for all of the transcripts of the court proceedings !

[KPHawaii]

quote:

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Originally posted by Stillwater

KP - Katherine Patton Hall You may refer to me as KP or Katherine, since you don’t have the rest correct.

when addressing me you stated you are not making any decisions but clearly you are. What decisions do you think I was making. I didn’t say I would never try to figure things out that affect us moving forward. I just don’t want to try to make decisions based on things that happened before my time.

The directors terms were not at their end only Mr creeley’s was the others had at least 2 more years of service. You’re correct.

You are regurgitating the beliefs of mermaid. Please stop being condescending and trying to insult me. As you well know, I’m old enough to draw my own conclusions. I’m not afraid to disagree with anyone, including Mayelin or you.

Mr. Creeley did not even swear in to his new term so how could he resign a position he wasn’t even sworn into? That’s not for me or you to decide. I don’t purport to be a legal expert, but there are cases that directly address the same situation.

You addressed Tomk stating people’s names but not all the ones involved. I wasn’t trying to say who everyone is just the ones I referred to using initials. While you’re at it, please tell is a bit about yourself.

Mermaid the district 3 rep District 5

Maylynne stiillwell looking into website minutes has been in constant conflict with the association, staff, and boards for YEARS ! easily accessible through the years of minutes on the website. I attended a meeting in the early stages of the last elected board 2018 when 3 of the new directors -( all women )revealed private meetings with mermaid and the other director .was this to manipulate the voting of the board ? Supposedly they were saying there was proof of these meetings. The way I view that is she was a watchdog and trying to make sure everyone was following the rules. Would you fault anyone who believes the rules were being bent or broken from trying to keep everyone above board?

TomK is absolutely correct in his opinion this is child’s play! According to mermaid every election and everything people don’t agree on with her is illegal and corrupt!! To some, and I’m one of them, rules and integrity are important.


414D-138b if a director is elected by a class, chapter, or other organizational unit, or by region or other geographic grouping the director may be removed only by the members of that class, chapter, unit, or grouping.
Article 8 section 2 part d- terms of the board commence immediately following adjournment of the June membership meeting at which the election results are announced
Sect 2 part e- board members elected or appointed must be sworn in and sign the oath of office before assuming their positions ( this does not say anyone must be present or witnessed by directors or members to have known of this)
So if mermaid and the other director decide he is not a director that is law? No. That is why the courts must decide. No one can agree.

Leo maybe seeing as you voice the former directors to be held accountable legally please referTo 414D-155
Reni if I were a director or former director what you say may or even may not make sense

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KP

[KPHawaii]

quote:

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Originally posted by TomK

Thank you, KPHawaii - the conversation has suddenly become much more civil. Much appreciation for helping to make that possible.

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Thanks Tom. I’m trying.

KP

[KPHawaii]

quote:

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Originally posted by Obie

"You need to read the entire lawsuit Larry Kawaauhau has filed against Mayelin Stillwell, Leslie Blythe AND HPPOA, not just the judge’s comments "

I paid for all of the transcripts of the court proceedings !

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I’m not sure why you’re telling me that. I’m saying there is more in the law suit than what you posted.

KP

[Stillwater]

KP- apologies-Katherine hall-Patton

Actually I believe you have made your decisions already without all the pertinent information needed for a fair decision making process- not being condescending

Not being condescending or trying to insult you

No it is for you or me to decide that is possibly the reasoning for the President’s lawsuit thus putting it in the courts hands.

Lk, CC, are initials
Tell is a bit about myself? I am a property owner in HPP and that is all that matters

My mistake you are correct D5 Maylynn Stillwell


The way you view that is that she was a watchdog trying to make sure everyone was following the rules . Would you fault anyone who believes the rules were being bent or broken from trying to keep everyone above board?
Would you fault anyone for stacking the BOD for The majority vote which blatantly breaks not bends the rules?

I too believe rules and integrity are important

Yes the court does need to make this decision as to mr Creeley being an official director but 2 official directors have “acted on their own” having made the decision themselves.

[mermaid53]

Fortunately we all have the power of choice and if you don't want to read my post you don't have to. I'm reposting this for those who hadn't read it before. Most of it is still current information. An important fact with real time evidence is that the plaintiff, the GM and lot owner Crelly have taken HPP hostage in a hostile takeover. They are controlling ALL HPP business and Association monies.

Some of your other questions may be answered here, or in a follow up post.

(Originally posted on HPP part the second on 4 Nov 2019)

Aloha,

We know it's been difficult for members not having information about plaintiff, Larry Kawaauhau's lawsuit and HPP business for over four months now. We have an update for HPP members that was authorized by HPP's legal counsel. We apologize for communicating with you via social media. We would've preferred to use the HPP website but it's unavailable to us. This is just for your information and we apologize that we are unable to take any questions at this time.

1) Employees aren't authorized to act as spokespersons for HPP regarding lawsuits. From 21 Jun 2019 the GM, Don Morris, and office staff relayed false information to D5 director and to the HPP community that there was NO board after the mass board resignations of five. The GM was informed 21 Jun that the HPP bylaws and 414D Hawaii Revised Statutes state the remaining board of three is a legal board who can conduct business.
2) There's been NO LEGAL process thus far in which Craig Crelly could be considered a seated director. The only sure thing about the board make up at this point in time is that there are three directors. When Crelly resigned on 19 Jun, he resigned his director and secretary seat, therefore the info currently posted on the HPP website is false and wasn't approved by the board.

Larry Kawaauhau, District 1 director, filed a lawsuit on 12 July 2019 against the Association and two directors. He has been uncooperative with the two directors since the mass resignations occurred. HPP has an attorney representing HPP and the directors. The GM, and former director Crelly, are supportive of Kawaauhau's lawsuit against HPPOA and two directors, and they are very involved in the lawsuit. Kawaauhau wasn't/isn't legally authorized to cancel ANY Association meeting, yet has canceled four board meetings and the 27 Oct 2019 membership meeting to date. (since Nov 2019, the Feb 2020 membership has also been cancelled). This action has blocked the existing legitimate board of three from conducting any HPP business for four months. (Now eight months) Two of the three directors has been shut out of all HPP business. The GM is suing a director so this is another lawsuit affecting HPP business.

Kawaauhau and the GM are acting independently and are NOT authorized to control the HPP website, conduct business for HPP or spend Association monies that are beyond day to day business...i.e. employee salaries, monthly bills etc. They are in violation of Article VIII Sec 12 Acts of the Board. i.e. There is NO contract between HPP and the contractor working on 1st Rd and there was NO board authorization to expend monies to the contractor for the road paving project. On 1 Jul 2019 Dist 5 and 7 directors asked the GM to see the paving contract, the GM replied that there was no contract. Therefore, the road paving work had no board authorization.

There has been two phone hearings in which the judge declined the plaintiff's request for receivership. There was a court hearing for the partial summary judgment regarding Crelly's resignation and the court has yet to determine whether he's a director. There will be an evidentiary hearing coming up in the near future in which a judge will determine Crelly's resignation, and in the meantime Craig Crelly's director seat is in limbo. Crelly claims he resigned on 19 Jun 2019 in solidarity with the other 4 directors who resigned. (Resigning in solidarity is an act of dereliction of duty and a breach of the directors oath that resulted in harm to the Association)

The judge and the attorneys for plaintiff and defendants recently agreed that a trustee will be assigned soon, chosen by the judge, to manage HPP business. This is a positive thing for HPP as this will put an end to the era of a few people managing HPP without legal authorization. (Having a trustee will bring transparency and order and the defendants welcome this. The judge who was assigned to this case as stated in this Nov communication agreed to appointing a trustee, and has since retired in Dec 2019. The negotiation of the stipulations for a trustee is in the plaintiff's lap. HPP's attorney has stipulated that the trustee have the power to hire/fire and act as a board during the lawsuit time frame. This stipulation exposes the GM to termination since the GM position could be obsolete in a receivership or trustee situation.)

Mahalo for your patience,

District 5 and 7 Directors

I will post additional information as an update shortly.

[reni]

Mermaid posts above, "Mahalo for your patience, District 5 and 7 Directors"

Mermaid, I would like to thank you for yours !

K.P. posts "! To some, and I’m one of them, rules and integrity are important. "
Ditto, K.P.

[Obie]

The latest from the court !

03/02/2020 Order Denied
ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE RESGINATION OF FORMER DIRECTOR OF CRAIG CRELLY FILED ON AUGUST 20, 2019

From Mermaids last post :

"There was a court hearing for the partial summary judgment regarding Crelly's resignation and the court has yet to determine whether he's a director. There will be an evidentiary hearing coming up in the near future in which a judge will determine Crelly's resignation"

Now what Mermaid ??

[Stillwater]

Thanks for that update Obie
so this would then mean there are 4 legal board directors in place and no opinions other than that matter. Which would also mean the bogus meeting the two directors held appointing their stacked board is null and void!
I hope our funds are replenished also when the escapades of mermaid and company is over! HPP road dues should not be utilized for legal fees for their entertainment of their thought of intelligence. I pray the attorney asks for them to pay for all services rendered!

[mermaid53]

Aloha HPP members,

I would advise you to proceed cautiously with any information that Obie or Stillwater posts here. Their agenda is clear. They are here to discredit and smear me, and deflect their own fears.

They claim they aren't connected to any former board member through marriage, were never on the board, so everything they say is hearsay, propaganda, alternate facts, rumors, disinformation and misinformation.

FACT: This order is based on the Judge’s decision on 3 October 2019 at the hearing where the judge denied the defendants motion for partial summary judgment and also denied Plaintiff’s cross-motion for summary judgment on the same issue. Both decisions were made without prejudice, and the court did not decide the issue either way. It is nothing new.

Therefore, Crelly is NOT a 4th director and it still stands that there has been NO legal process that would make him a legitimate 4th director of the board at this time. He is in legal limbo.