01-26-2020, 07:12 PM
Yes your district rep and another director did call a meeting and appointed their choice of replacement directors with a meeting recorded by a secretary that is not in contract with HPP and was not approved by the board and when a property owner asked for her to be introduced the said directors refused transparency this is troubling on its own there was no officer ie secretary that was a legitimate official volunteer or contracted for an official swearing in process in my opinion.
FACT: The HPP recording secretary did NOT witness an "official or legal" swearing in process of Crelly on 3 Jul 2019. D1 rep didn't call a special board meeting to swear in Crelly. He also cannot act as a board of one to conduct any business per our bylaws...that's an abuse of power. D7 and I had absolutely no idea Crelly was sworn in until 13 Jul 2019 (10 days later) when we and the Association were served Larry Kawaauhau's lawsuit. D1 rep had EVERY opportunity to be transparent but made the decision not to tell the board, even when he was asked via email to confirm after D7 and I heard these rumors. NO response= no confirmation.
FACT: It's normal and prudent practice when there's urgent board business to be conducted, to hire another recording secretary when the HPP recording secretary is unavailable. The HPP recording secretary has no contract w/HPP and was unavailable even with several days advance notice. HPP's recording secretary should work for HPP and the full board, not only one director.
For the temporary recording secretary's safety, we made the decision not to release her identity because of two former board directors' intimidating and disruptive behavior at the 9 Jul 2019 special board meeting. The recording secretary was appreciative of our decision.
This meeting then closed and proceeded into executive session the question is was the golden rule of the bylaws broken with the sharing of executive business?
FACT: At the 9 Jul 2019 special board meeting, after the adjournment of the executive session meeting, an open session resumed and the names of the new officers were announced.
Most alarming is you state the district rep had consulted with an attorney - who’s attorney? A director is never allowed to act on their own neither consulting an HPP attorney or otherwise without board consent please enlighten when this permission was given for 1 director to contact an attorney.
FACT: D1 rep Larry Kawaauhau/plaintiff acted on his own as the board didn't approve that he could: 1) File a lawsuit against the Association 2) Hire an attorney 3) Choose which attorney he could hire. This appears to be a personal lawsuit against the Association and he's controlling HPP's money and business.
Why no board meetings? I’m not going to pretend I know the answer to all the questions because I truly don’t .. I am only sharing what I am sure of . I would have to think there are no BOD meetings due to the animosity within the board ( which by the way in my opinion is personal which personal emotion should not be a factor as a board director each director should be keeping the entire community ‘s interest as priority.
FACT: That is a rumor. This has nothing to do with animosity. D7 and I have been willing to work with D1 rep but he has avoided communicating with us since the resignations in Jun 2019. When the 5 directors resigned en masse, they absolutely did NOT have the best interests of the Association in mind. There have been no board meetings because D1 rep, Larry Kawaauhau, is illegally acting as a board of one cancelling meetings since Jul 2019 with NO legal justification. He is conducting business and money is being spent w/out board oversight.
FACT: On the board of 3, D1 rep is in the minority and has a minority vote. Question: Is he cancelling all the board meetings because 2 of the 3 directors has more voting power? If this is the case, he broke his oath and abandoned his fiduciary duties.
FACT: Cancelling board meetings for several months now and Oct 2019's membership meeting is detrimental to the Association. Now lot owners may not pay their road fee monies until a trustee or legal board is up and running. Hopefully we'll have a trustee appointed by 1 April, the deadline to pay. Some are choosing to open an escrow account until a trustee is appointed and/or board is up and running.
FACT: When D1 the plaintiff cancelled the membership meeting in Oct 2019, he put HPP into default w/our district elections. This was the meeting when a Nominating Committee should've been voted for by the members. Because this didn't happen, HPP won't be having an annual district election for the first time in it's history. There are rumors being spread by a lot owner on FB that there will be an election. This is ABSOLUTELY FALSE. The court will have to decide how to remedy this AFTER a board is up and running and/or a trustee is appointed. We are waiting for a trustee and it's not the defendants who are stalling. Why the stall? Because it would bring about transparency?
FACT: The HPP recording secretary did NOT witness an "official or legal" swearing in process of Crelly on 3 Jul 2019. D1 rep didn't call a special board meeting to swear in Crelly. He also cannot act as a board of one to conduct any business per our bylaws...that's an abuse of power. D7 and I had absolutely no idea Crelly was sworn in until 13 Jul 2019 (10 days later) when we and the Association were served Larry Kawaauhau's lawsuit. D1 rep had EVERY opportunity to be transparent but made the decision not to tell the board, even when he was asked via email to confirm after D7 and I heard these rumors. NO response= no confirmation.
FACT: It's normal and prudent practice when there's urgent board business to be conducted, to hire another recording secretary when the HPP recording secretary is unavailable. The HPP recording secretary has no contract w/HPP and was unavailable even with several days advance notice. HPP's recording secretary should work for HPP and the full board, not only one director.
For the temporary recording secretary's safety, we made the decision not to release her identity because of two former board directors' intimidating and disruptive behavior at the 9 Jul 2019 special board meeting. The recording secretary was appreciative of our decision.
This meeting then closed and proceeded into executive session the question is was the golden rule of the bylaws broken with the sharing of executive business?
FACT: At the 9 Jul 2019 special board meeting, after the adjournment of the executive session meeting, an open session resumed and the names of the new officers were announced.
Most alarming is you state the district rep had consulted with an attorney - who’s attorney? A director is never allowed to act on their own neither consulting an HPP attorney or otherwise without board consent please enlighten when this permission was given for 1 director to contact an attorney.
FACT: D1 rep Larry Kawaauhau/plaintiff acted on his own as the board didn't approve that he could: 1) File a lawsuit against the Association 2) Hire an attorney 3) Choose which attorney he could hire. This appears to be a personal lawsuit against the Association and he's controlling HPP's money and business.
Why no board meetings? I’m not going to pretend I know the answer to all the questions because I truly don’t .. I am only sharing what I am sure of . I would have to think there are no BOD meetings due to the animosity within the board ( which by the way in my opinion is personal which personal emotion should not be a factor as a board director each director should be keeping the entire community ‘s interest as priority.
FACT: That is a rumor. This has nothing to do with animosity. D7 and I have been willing to work with D1 rep but he has avoided communicating with us since the resignations in Jun 2019. When the 5 directors resigned en masse, they absolutely did NOT have the best interests of the Association in mind. There have been no board meetings because D1 rep, Larry Kawaauhau, is illegally acting as a board of one cancelling meetings since Jul 2019 with NO legal justification. He is conducting business and money is being spent w/out board oversight.
FACT: On the board of 3, D1 rep is in the minority and has a minority vote. Question: Is he cancelling all the board meetings because 2 of the 3 directors has more voting power? If this is the case, he broke his oath and abandoned his fiduciary duties.
FACT: Cancelling board meetings for several months now and Oct 2019's membership meeting is detrimental to the Association. Now lot owners may not pay their road fee monies until a trustee or legal board is up and running. Hopefully we'll have a trustee appointed by 1 April, the deadline to pay. Some are choosing to open an escrow account until a trustee is appointed and/or board is up and running.
FACT: When D1 the plaintiff cancelled the membership meeting in Oct 2019, he put HPP into default w/our district elections. This was the meeting when a Nominating Committee should've been voted for by the members. Because this didn't happen, HPP won't be having an annual district election for the first time in it's history. There are rumors being spread by a lot owner on FB that there will be an election. This is ABSOLUTELY FALSE. The court will have to decide how to remedy this AFTER a board is up and running and/or a trustee is appointed. We are waiting for a trustee and it's not the defendants who are stalling. Why the stall? Because it would bring about transparency?