03-04-2018, 07:28 PM
On the home page of the OLCA website, http://orchidland.org there is a summary of the agreement that was reached between the 2 groups at the March 1st hearing. It is provided by the Wirick group. I have no reason to doubt the accuracy of it, but as it is a summary there may be some additional important details. It may take a few days to a few weeks for the actual complete ruling to come out. I haven't been able to find any statement from the Arthurs group. Here is the Group W statement:
In brief, the Court Hearing held on Thursday, March 1, 2018 was in favor of the Defendants including OLCA Board members and the Orchidland Community Association.
OLCA is NOT being ordered into receivership!
The OLCA Membership elected Board of Directors: President Steve Lyon, Vice President Donald Stoner, Secretary Frederic Wirick, Treasurer Tegen Greene, Road Chair Gerald Akana and Directors: Sky Platt, Doug Anderson, Jermai Cann, Steve Baca and Paul Imaizumi were listed on the State of Hawaii DCCA/ BREG business registration on March 1, 2018.
The March 1st Hearing was lengthy, a few hours, most discussion took place behind closed doors with the attorneys in the Judge’s chambers, and after consulting with the clients, an agreement was reached and approved by the Judge.
Summarized terms of agreement as stated at the end of the March 1st Hearing:
(Actual Court order being prepared by OLCA Defendant’s attorney, Michele Luke, next week)
— Unfreezing of OLCA accounts, these funds have been frozen since March 2016 and total over $120,000. These bank accounts, records and statements will be handled by OLCA’s book and record keeper, Ken Ah Lo of Data Processing Services, Inc.
— OLCA Mandatory Road Maintenance Assessment fees are to be made out to Orchidland Community Association, Inc. and sent to Data Processing Services, Inc. c/o Ken Ah Lo.
— No use of unlicensed contractors for road improvements. Since July 2015, only licensed contractors have been used for OLCA road improvements.
— Former SM, Nancy Cabral would monitor but would not interfere with operations or dictate management of: OLCA financial accounts by DSP, Ken Ah Lo; monitoring of the upcoming ballot count/ election process; and transparent consulting with the Judge for legal guidance.
— Lift of discovery, discovery or dispositive motions Hearing May 8, 2018. With the final filing due by April 20th, and final response April 30th.
— New Court date is March 21, 2019.
_______________
This mostly seems positive. The fact that receivership was not ordered makes me assume that all of the financials were in order and the association is functioning acceptably in the court's eyes. Not sure why the continued monitoring. I'd like to know who is paying for that.
I also see that the court date for the remainder of the claims has been pushed back a whole year to March 21, 2019. A few details would be helpful here as well.
In brief, the Court Hearing held on Thursday, March 1, 2018 was in favor of the Defendants including OLCA Board members and the Orchidland Community Association.
OLCA is NOT being ordered into receivership!
The OLCA Membership elected Board of Directors: President Steve Lyon, Vice President Donald Stoner, Secretary Frederic Wirick, Treasurer Tegen Greene, Road Chair Gerald Akana and Directors: Sky Platt, Doug Anderson, Jermai Cann, Steve Baca and Paul Imaizumi were listed on the State of Hawaii DCCA/ BREG business registration on March 1, 2018.
The March 1st Hearing was lengthy, a few hours, most discussion took place behind closed doors with the attorneys in the Judge’s chambers, and after consulting with the clients, an agreement was reached and approved by the Judge.
Summarized terms of agreement as stated at the end of the March 1st Hearing:
(Actual Court order being prepared by OLCA Defendant’s attorney, Michele Luke, next week)
— Unfreezing of OLCA accounts, these funds have been frozen since March 2016 and total over $120,000. These bank accounts, records and statements will be handled by OLCA’s book and record keeper, Ken Ah Lo of Data Processing Services, Inc.
— OLCA Mandatory Road Maintenance Assessment fees are to be made out to Orchidland Community Association, Inc. and sent to Data Processing Services, Inc. c/o Ken Ah Lo.
— No use of unlicensed contractors for road improvements. Since July 2015, only licensed contractors have been used for OLCA road improvements.
— Former SM, Nancy Cabral would monitor but would not interfere with operations or dictate management of: OLCA financial accounts by DSP, Ken Ah Lo; monitoring of the upcoming ballot count/ election process; and transparent consulting with the Judge for legal guidance.
— Lift of discovery, discovery or dispositive motions Hearing May 8, 2018. With the final filing due by April 20th, and final response April 30th.
— New Court date is March 21, 2019.
_______________
This mostly seems positive. The fact that receivership was not ordered makes me assume that all of the financials were in order and the association is functioning acceptably in the court's eyes. Not sure why the continued monitoring. I'd like to know who is paying for that.
I also see that the court date for the remainder of the claims has been pushed back a whole year to March 21, 2019. A few details would be helpful here as well.