08-28-2015, 01:49 PM
[quote]Originally posted by mermaid53
We do have provisions for arbitration in our bylaws:
Article XV - Alternative Dispute Resolution discusses arbitration.. "In the event of disagreements between the board, its committees, employees, volunteers of the Association, or any of the lot owners of the Hawaiian Paradise Park subdivision arising from or relating to the interpretation or implementation of the provisions of these bylaws, the parties shall pursue dispute resolution by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and Chapter 658A of the Hawaii Revised Statutes, as amended. Arbitration shall be binding on parties to the controversy. Any judgment and/or award rendered by the Arbitrator may be entered into any court having jurisdiction thereof."
I guess you really don't get it! This Article, XV, is for disagreements not the removal of a director, for this information you must go to HRS 414D, which states the judicial removal route.
We do have provisions for arbitration in our bylaws:
Article XV - Alternative Dispute Resolution discusses arbitration.. "In the event of disagreements between the board, its committees, employees, volunteers of the Association, or any of the lot owners of the Hawaiian Paradise Park subdivision arising from or relating to the interpretation or implementation of the provisions of these bylaws, the parties shall pursue dispute resolution by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and Chapter 658A of the Hawaii Revised Statutes, as amended. Arbitration shall be binding on parties to the controversy. Any judgment and/or award rendered by the Arbitrator may be entered into any court having jurisdiction thereof."
I guess you really don't get it! This Article, XV, is for disagreements not the removal of a director, for this information you must go to HRS 414D, which states the judicial removal route.