08-04-2014, 03:30 PM
quote:
Originally posted by Fredrick Karstens
Ms. Pueo wrote: [copied from above]
This all started when I purchased my property in Fern Acres in the 80's. At that time there was no legal official association recognized by the county or this state.
NOT TRUE
Marge Claybourne wrote: [copied from above] The Fern Acres history page on fernacres.org clearly states that there was an association created in 1963 and it was legally chartered by the State of Hawaii in 1967.
I am happy to report that Ms. PUEO was able to find the 33 year old court documents that substantiate her claim to being instrumental in the formulation of the Charter and By-laws which include language for clarity and fairness. This was when the Fern Acres Assoc. filed a class action suit against itself for the purpose of having the right to assess mandatory road maintenance fees in the early '80's. This was not part of the original Fern Acres Assoc of the '60's.
The reason the suit was necessary, according to the FAA was because it could not locate all of the property owner's names and address in order to notify them directly of the proposed road maintenance fees. By filing a class action suit, FAA as able to win a judgment that would legally allow them to assess fees without notifying property owners in advance and gaining their acceptance.
I will publish her full statement shortly and if anyone wants to see the scanned court documents, she will oblige by sending them through email.