12-23-2015, 10:26 AM
Flyingsurfer, one of the reasons I posted my previous comment was to give any board directors, who might read that post, reason to pause and examine what they have seen and heard themselves and to read the bylaws and HRS 414D. And hopefully to find out that these laws are being broken and to fix the problem so that members do not have to go to court. A member said in his 3 minutes during the last BOD meeting that the BOD should remove the 2 offenders from their officer positions. That would solve the issue in a proper way according to the bylaws. No one else in our park is creating such havoc. Here is what the Treasurer said during her Treasurers report at Nov. BOD meeting and taken from the Associations web site;
"At the last general membership meeting, one of the members made a motion to add two new members to the finance committee. Per bylaws page 18, article x section 1 item 2– They, technically, broke the bylaws by trying to elect these two people, and at least one of the two people is a witness for the Plaintiffs in the lawsuit against the HPPOA, and our Association attorneys have labeled them hostile witnesses since they are testifying against the association; therefore, per the attorney advisement, they should not acquire ANY financial information that could be handed to the opposing side. This is definitely a conflict of interest and thus, these two people cannot be on the finance committee and the Board should nullify this decision by the membership vote. Janice Ashford (District 7) (the Treasurer) moved to nullify the decision that June Conant and Joan Galante be added and that they cannot be added to the finance committee at this time. Dr. Jo Maynard (District 5) (the VP) seconded the motion.”
Flysurfer you will notice, sorry, I mean let me point out to you what a part of this statement made by the Treasurer actually means by asking you a question. DO you actually think that an attorney would suggest to any one that they break state law let alone the bylaws? I have a strong suspicion that Janice and Jo where probably lying about what the attorney might have said to them. Why? Obviously the attorney would have to also be excluding everyone in the park from getting their hands on the financials and the audit. The bylaws allow any one that owns property here to get those documents on demand. Any one of us could get those docs and hand them over to the supposed “hostile witnesses”. It’s a blatant lie from 2 pathological liars.
I will also point out to you the first lie Janice stated when she tried to use (actually the word is abuse) the bylaws against the 2 membership elected FC members when she stated that “Per bylaws page 18, article x section 1 item 2– They, technically, broke the bylaws by trying to elect these two people, ...”. This bylaw says in part that “...and shall be elected by the membership at the June membership meeting.”. This bylaw has nothing to do with filling vacancies in a membership committee by the membership; even you should be able to reason this out. The June meeting by the membership is to vote in new FC members from the membership who volunteer at that meeting and thus create the number of members who make up the FC for that fiscal year. If these 2 miscreants hadn’t been so ignorant of the bylaws they might have had a better chance to fabricate an abuse of the bylaws by using Art. X Section 4. Vacancies. Two sentences state the procedure for filling vacancies but, it takes a person with some literacy skills to arrive at the intended meaning. So be careful when you read those 2 sentences.
Here is a bylaw that should shut down the confusion and chaos; hopefully a director will read this.
Art. X – Committees; states in part “...or the membership, by resolution adopted by a majority of members present at a membership meeting at which a quorum (see Article V, Section 12) is present, may designate and appoint one or more committees, which committees shall have such scope and authority as shall be delegated to them by the appointing body through said resolution; provided, however, that actions and decisions of such committees shall be subject to the approval of the appointing body. Committee actions and decisions shall be consistent with the resolution and subject to these bylaws and Association policies and procedures. In any event of conflict between the appointing body and its committees, the decision of the appointing body shall prevail. The designation and appointment of any such committees and the delegation thereto of any authority shall not relieve the Association, the board, or any individual thereof, of any responsibility imposed by law.”
If the BOD does not resolve this soon, I think it can be guaranteed at the Feb. membership meeting that this issue will come up and not in favor of the BOD or the 2 miscreants. I hope board members read that carefully, it does not allow for the Board to make decisions for membership committees let alone annul their votes.
"At the last general membership meeting, one of the members made a motion to add two new members to the finance committee. Per bylaws page 18, article x section 1 item 2– They, technically, broke the bylaws by trying to elect these two people, and at least one of the two people is a witness for the Plaintiffs in the lawsuit against the HPPOA, and our Association attorneys have labeled them hostile witnesses since they are testifying against the association; therefore, per the attorney advisement, they should not acquire ANY financial information that could be handed to the opposing side. This is definitely a conflict of interest and thus, these two people cannot be on the finance committee and the Board should nullify this decision by the membership vote. Janice Ashford (District 7) (the Treasurer) moved to nullify the decision that June Conant and Joan Galante be added and that they cannot be added to the finance committee at this time. Dr. Jo Maynard (District 5) (the VP) seconded the motion.”
Flysurfer you will notice, sorry, I mean let me point out to you what a part of this statement made by the Treasurer actually means by asking you a question. DO you actually think that an attorney would suggest to any one that they break state law let alone the bylaws? I have a strong suspicion that Janice and Jo where probably lying about what the attorney might have said to them. Why? Obviously the attorney would have to also be excluding everyone in the park from getting their hands on the financials and the audit. The bylaws allow any one that owns property here to get those documents on demand. Any one of us could get those docs and hand them over to the supposed “hostile witnesses”. It’s a blatant lie from 2 pathological liars.
I will also point out to you the first lie Janice stated when she tried to use (actually the word is abuse) the bylaws against the 2 membership elected FC members when she stated that “Per bylaws page 18, article x section 1 item 2– They, technically, broke the bylaws by trying to elect these two people, ...”. This bylaw says in part that “...and shall be elected by the membership at the June membership meeting.”. This bylaw has nothing to do with filling vacancies in a membership committee by the membership; even you should be able to reason this out. The June meeting by the membership is to vote in new FC members from the membership who volunteer at that meeting and thus create the number of members who make up the FC for that fiscal year. If these 2 miscreants hadn’t been so ignorant of the bylaws they might have had a better chance to fabricate an abuse of the bylaws by using Art. X Section 4. Vacancies. Two sentences state the procedure for filling vacancies but, it takes a person with some literacy skills to arrive at the intended meaning. So be careful when you read those 2 sentences.
Here is a bylaw that should shut down the confusion and chaos; hopefully a director will read this.
Art. X – Committees; states in part “...or the membership, by resolution adopted by a majority of members present at a membership meeting at which a quorum (see Article V, Section 12) is present, may designate and appoint one or more committees, which committees shall have such scope and authority as shall be delegated to them by the appointing body through said resolution; provided, however, that actions and decisions of such committees shall be subject to the approval of the appointing body. Committee actions and decisions shall be consistent with the resolution and subject to these bylaws and Association policies and procedures. In any event of conflict between the appointing body and its committees, the decision of the appointing body shall prevail. The designation and appointment of any such committees and the delegation thereto of any authority shall not relieve the Association, the board, or any individual thereof, of any responsibility imposed by law.”
If the BOD does not resolve this soon, I think it can be guaranteed at the Feb. membership meeting that this issue will come up and not in favor of the BOD or the 2 miscreants. I hope board members read that carefully, it does not allow for the Board to make decisions for membership committees let alone annul their votes.