12-12-2016, 04:46 PM
Reni wrote:
Mermaid,
Thanks for posting road information. Do you know if anyone actually went thru with the threat of arbitration? Do you know what it was for specifically? And if there was actually a request for arbitration, at what stage is this proceeding as of this month?
Mahalo and Mele Kalikimaka to you and your family. R
_______
Reni, Mele Kalikimaka to you and your family as well.
Regarding the arbitration....The arbitration is pau. The arbitrator and atty fees have been finalized. The fees were basically cut down the middle to be shared by both parties which was the only thing fair about the entire arbitration process. Initially the claimants tried to sit down and negotiate w/the board before filing with an arbitrator. They wanted to discuss several board bylaw violations w/them. The board disregarded the request. Please note that the arbitration didn't involve the men on the current board as the arbitration issues stemmed from violations during the 2014-2015 and 2015-2016 terms.
What was supposed to be a mediated situation hence "arbitration", turned into what looked and smelled like a lawsuit after the board decided to hire their lawsuit attys, both of them, to represent the case. That's what wracked up the arbitration costs. The claimants were at great disadvantage not having atty representation while the board had 2 attys working on the case financed by the association. The claimants decided to withdraw the last demand from the 6 arbitration "issues" to keep from going on to hearings...they wanted to cut the costs which was recommended by the arbitrator.
There were several items in the arbitration.. Here is a summary of some of the issues and demands for correction made by the claimants:
1. The composition of Finance Committee. Dist 5 rep was illegally seated on the FC. There are no board minutes showing she was ever apptd yet she was voting as a committee member.
2. Illegal business conducted in exec sessions. Our bylaws are very specific...only 3 items can be discussed in exec sessions. Personnel issues, matters of litigation, or matters of atty/client privilege. The board was conducting regular board business under the cloak of exec session=non transparency.
3. Termination of the road crew supv by Dist 5 rep w/out board approval. The GM was out of town at the time and instructed the road crew supv to do what he thought was best in regards to the DOH warning of our road crew using oil leaking equipment on the roads. When he returned from purchasing required items to fix the equipment, the road crew was back on the road w/the leaky equipment. The rep had undermined the road crew supv's directives to his road crew. She handed him his termination papers the next day w/out a paycheck...day before Thanksgiving. The road crew supv gave a written statement of these events to the claimants. I read it myself.
4. Failure of the board treasurer to comply with trust indenture. I don't have the details on this one but maybe someone else may know and can fill you in. I think it had to do w/being delinquent.
5. Failure to enforce our restricted driveway policy. We now have several illegal driveways on main drags since this particular incident was brought to the GM's attention last year springtime.
6. Conflict of interest in regards to the hiring of Dist 5 rep's niece without a board mtg, board vote and other bids.
Per Robert's Rules 11th Edition P 343: "Motions that conflict w/the corporate charter, constitution, or bylaws of a society, or w/procedural rules prescribed by nat'l, state, or local laws, are out of order, and if any motion of this kind is adopted, it is null and void." P 125 "An assembly can ratify only such actions of its officers, committees, delegates, or subordinate bodies as it would have had the right to authorize in advance. ...nor can it ratify anything done in violation of procedural rules prescribed by nat'l, state, or local law, or in violation of its own bylaws..."
Thank you Rob for providing HPP members a forum to communicate w/each other.
Mermaid,
Thanks for posting road information. Do you know if anyone actually went thru with the threat of arbitration? Do you know what it was for specifically? And if there was actually a request for arbitration, at what stage is this proceeding as of this month?
Mahalo and Mele Kalikimaka to you and your family. R
_______
Reni, Mele Kalikimaka to you and your family as well.
Regarding the arbitration....The arbitration is pau. The arbitrator and atty fees have been finalized. The fees were basically cut down the middle to be shared by both parties which was the only thing fair about the entire arbitration process. Initially the claimants tried to sit down and negotiate w/the board before filing with an arbitrator. They wanted to discuss several board bylaw violations w/them. The board disregarded the request. Please note that the arbitration didn't involve the men on the current board as the arbitration issues stemmed from violations during the 2014-2015 and 2015-2016 terms.
What was supposed to be a mediated situation hence "arbitration", turned into what looked and smelled like a lawsuit after the board decided to hire their lawsuit attys, both of them, to represent the case. That's what wracked up the arbitration costs. The claimants were at great disadvantage not having atty representation while the board had 2 attys working on the case financed by the association. The claimants decided to withdraw the last demand from the 6 arbitration "issues" to keep from going on to hearings...they wanted to cut the costs which was recommended by the arbitrator.
There were several items in the arbitration.. Here is a summary of some of the issues and demands for correction made by the claimants:
1. The composition of Finance Committee. Dist 5 rep was illegally seated on the FC. There are no board minutes showing she was ever apptd yet she was voting as a committee member.
2. Illegal business conducted in exec sessions. Our bylaws are very specific...only 3 items can be discussed in exec sessions. Personnel issues, matters of litigation, or matters of atty/client privilege. The board was conducting regular board business under the cloak of exec session=non transparency.
3. Termination of the road crew supv by Dist 5 rep w/out board approval. The GM was out of town at the time and instructed the road crew supv to do what he thought was best in regards to the DOH warning of our road crew using oil leaking equipment on the roads. When he returned from purchasing required items to fix the equipment, the road crew was back on the road w/the leaky equipment. The rep had undermined the road crew supv's directives to his road crew. She handed him his termination papers the next day w/out a paycheck...day before Thanksgiving. The road crew supv gave a written statement of these events to the claimants. I read it myself.
4. Failure of the board treasurer to comply with trust indenture. I don't have the details on this one but maybe someone else may know and can fill you in. I think it had to do w/being delinquent.
5. Failure to enforce our restricted driveway policy. We now have several illegal driveways on main drags since this particular incident was brought to the GM's attention last year springtime.
6. Conflict of interest in regards to the hiring of Dist 5 rep's niece without a board mtg, board vote and other bids.
Per Robert's Rules 11th Edition P 343: "Motions that conflict w/the corporate charter, constitution, or bylaws of a society, or w/procedural rules prescribed by nat'l, state, or local laws, are out of order, and if any motion of this kind is adopted, it is null and void." P 125 "An assembly can ratify only such actions of its officers, committees, delegates, or subordinate bodies as it would have had the right to authorize in advance. ...nor can it ratify anything done in violation of procedural rules prescribed by nat'l, state, or local law, or in violation of its own bylaws..."
Thank you Rob for providing HPP members a forum to communicate w/each other.