02-09-2017, 08:31 AM
Reni wrote: (taken from HPP road maint thread)
... have been debating the "mail box assessment" and most likely will even pay this..under protest... if this latest nonsense passes.
Will someone please tell me , WHERE IN OUR BYLAWS, our board has the legal right to represent us with the USPS and bill us for mail boxes? I think they overstepping their rights with this one which could result in a class action law suit. What do the rest of you think?
After further thought on your question, I believe that the mailbox project would come under Article IV Objects and Purposes (a) "To ascertain the needs and desires of lot owners of the Hawaiian Paradise Park subdivision and represent those needs and desires as appropriate. (d) To serve as a representative of lot owners of Hawaiian Paradise Park to government agencies, officials, and community organizations on issues affecting or arising from Hawaiian Paradise Park."
And: Article VIII Board of Directors Sec 8 Powers and Authority "Except for the limitations set by the Articles of Incorporation and by these bylaws as to actions to be authorized or approved by the membership and subject to the duties of the directors as prescribed by the bylaws, all corporate powers and affairs of the Association shall be exercised or controlled by or with authority of the board. The directors shall have such power and duties as may be necessary or proper including, but not limited to the following: (a) Prepare short and long-range plans to support the Association Objects and Purposes as per Article IV. (b) Conduct, manage, and control affairs and business of the Association, and make policies and procedures not inconsistent with law, the Articles of Incorporation, or the bylaws.
Let's now skip to (k) of same above Article VIII Sec 8: "Ensure that finances are protected and managed to the best interests of the Association. To accomplish this purpose, the board shall establish reasonable formulas, policies, and procedures by which administrative costs are to be divided between restricted funds and the non-road fund. Such policies may include but are not limited to issuing checks drawn on separate bank accounts as budgeted by the board. Nothing in this section shall be interpreted in such a way as to relieve the board of the responsibility to account for all road funds separately in accordance with generally accepted accounting practices nor to empower the board to expend road maintenance funds for any purpose other than road maintenance activities."
(Road Maint Activities includes collecting, accounting for, administering, and protecting road maint funds, and managing, operating, maintaining, and protecting road maint property.)
Article V Sec 2. Road Maintenance Funds "Any money collected for road maintenance activities including, but not limtied to, any late penalties, interest paid on road maintenance assessments, lien fees, transfer fees, and interest and dividends paid by banks or other financial institutions on road maintenance funds."
Article V Bylaw Definitions Sec 3 Special Assessment. "An assessment approved by the membership for the purpose of extraordinary road maintenance outside of the scope of day-to-day operations."
Article XI Assessments Sec 3 Compensation for use of Non-Road Maintenance Assets. (the board skipped over this section and went straight to Sec 8) I already posted this in this thread but here goes again: "The road maintenance funds are restricted funds and shall be used exclusively for road maintenance activities. A portion of road maintenance funds shall be exclusively used to compensate the Association General Fund for the use of the Association's non-road maintenance assets for road maintenance purposes. The amount of compensation shall be determined annually by the board and shall not exceed 5% of road maintenance funds collected in any given year."
Sec 8 Special Assessments (which the board quoted in the mailbox ballot: "In addition to the annual mandatory road maintenance assessment, per Sec 2, above, the Association may make special assessments for any road maintenance costs only upon the affirmative majority of mail-in vote of not less than 600 members in good standing. Any ballot for special assessments shall include the terms of payment and specify an effective date."
(Mail in vote, meaning not a vote done at a membership mtg to ensure the entire membership votes)
IMO, Emphasis on IMO, both mailboxes and CS should be treated the same, which is both projects should first be approved by the membership by ballot vote, (w/3rd party receiving and counting ballots) and handled as Capital Improvement projects. Both projects affect the membership and our roads in a profound way, therefore justifies a mandatory MEMBERSHIP VOTE.
... have been debating the "mail box assessment" and most likely will even pay this..under protest... if this latest nonsense passes.
Will someone please tell me , WHERE IN OUR BYLAWS, our board has the legal right to represent us with the USPS and bill us for mail boxes? I think they overstepping their rights with this one which could result in a class action law suit. What do the rest of you think?
After further thought on your question, I believe that the mailbox project would come under Article IV Objects and Purposes (a) "To ascertain the needs and desires of lot owners of the Hawaiian Paradise Park subdivision and represent those needs and desires as appropriate. (d) To serve as a representative of lot owners of Hawaiian Paradise Park to government agencies, officials, and community organizations on issues affecting or arising from Hawaiian Paradise Park."
And: Article VIII Board of Directors Sec 8 Powers and Authority "Except for the limitations set by the Articles of Incorporation and by these bylaws as to actions to be authorized or approved by the membership and subject to the duties of the directors as prescribed by the bylaws, all corporate powers and affairs of the Association shall be exercised or controlled by or with authority of the board. The directors shall have such power and duties as may be necessary or proper including, but not limited to the following: (a) Prepare short and long-range plans to support the Association Objects and Purposes as per Article IV. (b) Conduct, manage, and control affairs and business of the Association, and make policies and procedures not inconsistent with law, the Articles of Incorporation, or the bylaws.
Let's now skip to (k) of same above Article VIII Sec 8: "Ensure that finances are protected and managed to the best interests of the Association. To accomplish this purpose, the board shall establish reasonable formulas, policies, and procedures by which administrative costs are to be divided between restricted funds and the non-road fund. Such policies may include but are not limited to issuing checks drawn on separate bank accounts as budgeted by the board. Nothing in this section shall be interpreted in such a way as to relieve the board of the responsibility to account for all road funds separately in accordance with generally accepted accounting practices nor to empower the board to expend road maintenance funds for any purpose other than road maintenance activities."
(Road Maint Activities includes collecting, accounting for, administering, and protecting road maint funds, and managing, operating, maintaining, and protecting road maint property.)
Article V Sec 2. Road Maintenance Funds "Any money collected for road maintenance activities including, but not limtied to, any late penalties, interest paid on road maintenance assessments, lien fees, transfer fees, and interest and dividends paid by banks or other financial institutions on road maintenance funds."
Article V Bylaw Definitions Sec 3 Special Assessment. "An assessment approved by the membership for the purpose of extraordinary road maintenance outside of the scope of day-to-day operations."
Article XI Assessments Sec 3 Compensation for use of Non-Road Maintenance Assets. (the board skipped over this section and went straight to Sec 8) I already posted this in this thread but here goes again: "The road maintenance funds are restricted funds and shall be used exclusively for road maintenance activities. A portion of road maintenance funds shall be exclusively used to compensate the Association General Fund for the use of the Association's non-road maintenance assets for road maintenance purposes. The amount of compensation shall be determined annually by the board and shall not exceed 5% of road maintenance funds collected in any given year."
Sec 8 Special Assessments (which the board quoted in the mailbox ballot: "In addition to the annual mandatory road maintenance assessment, per Sec 2, above, the Association may make special assessments for any road maintenance costs only upon the affirmative majority of mail-in vote of not less than 600 members in good standing. Any ballot for special assessments shall include the terms of payment and specify an effective date."
(Mail in vote, meaning not a vote done at a membership mtg to ensure the entire membership votes)
IMO, Emphasis on IMO, both mailboxes and CS should be treated the same, which is both projects should first be approved by the membership by ballot vote, (w/3rd party receiving and counting ballots) and handled as Capital Improvement projects. Both projects affect the membership and our roads in a profound way, therefore justifies a mandatory MEMBERSHIP VOTE.