02-22-2020, 07:41 AM
Fortunately we all have the power of choice and if you don't want to read my post you don't have to. I'm reposting this for those who hadn't read it before. Most of it is still current information. An important fact with real time evidence is that the plaintiff, the GM and lot owner Crelly have taken HPP hostage in a hostile takeover. They are controlling ALL HPP business and Association monies.
Some of your other questions may be answered here, or in a follow up post.
(Originally posted on HPP part the second on 4 Nov 2019)
Aloha,
We know it's been difficult for members not having information about plaintiff, Larry Kawaauhau's lawsuit and HPP business for over four months now. We have an update for HPP members that was authorized by HPP's legal counsel. We apologize for communicating with you via social media. We would've preferred to use the HPP website but it's unavailable to us. This is just for your information and we apologize that we are unable to take any questions at this time.
1) Employees aren't authorized to act as spokespersons for HPP regarding lawsuits. From 21 Jun 2019 the GM, Don Morris, and office staff relayed false information to D5 director and to the HPP community that there was NO board after the mass board resignations of five. The GM was informed 21 Jun that the HPP bylaws and 414D Hawaii Revised Statutes state the remaining board of three is a legal board who can conduct business.
2) There's been NO LEGAL process thus far in which Craig Crelly could be considered a seated director. The only sure thing about the board make up at this point in time is that there are three directors. When Crelly resigned on 19 Jun, he resigned his director and secretary seat, therefore the info currently posted on the HPP website is false and wasn't approved by the board.
Larry Kawaauhau, District 1 director, filed a lawsuit on 12 July 2019 against the Association and two directors. He has been uncooperative with the two directors since the mass resignations occurred. HPP has an attorney representing HPP and the directors. The GM, and former director Crelly, are supportive of Kawaauhau's lawsuit against HPPOA and two directors, and they are very involved in the lawsuit. Kawaauhau wasn't/isn't legally authorized to cancel ANY Association meeting, yet has canceled four board meetings and the 27 Oct 2019 membership meeting to date. (since Nov 2019, the Feb 2020 membership has also been cancelled). This action has blocked the existing legitimate board of three from conducting any HPP business for four months. (Now eight months) Two of the three directors has been shut out of all HPP business. The GM is suing a director so this is another lawsuit affecting HPP business.
Kawaauhau and the GM are acting independently and are NOT authorized to control the HPP website, conduct business for HPP or spend Association monies that are beyond day to day business...i.e. employee salaries, monthly bills etc. They are in violation of Article VIII Sec 12 Acts of the Board. i.e. There is NO contract between HPP and the contractor working on 1st Rd and there was NO board authorization to expend monies to the contractor for the road paving project. On 1 Jul 2019 Dist 5 and 7 directors asked the GM to see the paving contract, the GM replied that there was no contract. Therefore, the road paving work had no board authorization.
There has been two phone hearings in which the judge declined the plaintiff's request for receivership. There was a court hearing for the partial summary judgment regarding Crelly's resignation and the court has yet to determine whether he's a director. There will be an evidentiary hearing coming up in the near future in which a judge will determine Crelly's resignation, and in the meantime Craig Crelly's director seat is in limbo. Crelly claims he resigned on 19 Jun 2019 in solidarity with the other 4 directors who resigned. (Resigning in solidarity is an act of dereliction of duty and a breach of the directors oath that resulted in harm to the Association)
The judge and the attorneys for plaintiff and defendants recently agreed that a trustee will be assigned soon, chosen by the judge, to manage HPP business. This is a positive thing for HPP as this will put an end to the era of a few people managing HPP without legal authorization. (Having a trustee will bring transparency and order and the defendants welcome this. The judge who was assigned to this case as stated in this Nov communication agreed to appointing a trustee, and has since retired in Dec 2019. The negotiation of the stipulations for a trustee is in the plaintiff's lap. HPP's attorney has stipulated that the trustee have the power to hire/fire and act as a board during the lawsuit time frame. This stipulation exposes the GM to termination since the GM position could be obsolete in a receivership or trustee situation.)
Mahalo for your patience,
District 5 and 7 Directors
I will post additional information as an update shortly.
Some of your other questions may be answered here, or in a follow up post.
(Originally posted on HPP part the second on 4 Nov 2019)
Aloha,
We know it's been difficult for members not having information about plaintiff, Larry Kawaauhau's lawsuit and HPP business for over four months now. We have an update for HPP members that was authorized by HPP's legal counsel. We apologize for communicating with you via social media. We would've preferred to use the HPP website but it's unavailable to us. This is just for your information and we apologize that we are unable to take any questions at this time.
1) Employees aren't authorized to act as spokespersons for HPP regarding lawsuits. From 21 Jun 2019 the GM, Don Morris, and office staff relayed false information to D5 director and to the HPP community that there was NO board after the mass board resignations of five. The GM was informed 21 Jun that the HPP bylaws and 414D Hawaii Revised Statutes state the remaining board of three is a legal board who can conduct business.
2) There's been NO LEGAL process thus far in which Craig Crelly could be considered a seated director. The only sure thing about the board make up at this point in time is that there are three directors. When Crelly resigned on 19 Jun, he resigned his director and secretary seat, therefore the info currently posted on the HPP website is false and wasn't approved by the board.
Larry Kawaauhau, District 1 director, filed a lawsuit on 12 July 2019 against the Association and two directors. He has been uncooperative with the two directors since the mass resignations occurred. HPP has an attorney representing HPP and the directors. The GM, and former director Crelly, are supportive of Kawaauhau's lawsuit against HPPOA and two directors, and they are very involved in the lawsuit. Kawaauhau wasn't/isn't legally authorized to cancel ANY Association meeting, yet has canceled four board meetings and the 27 Oct 2019 membership meeting to date. (since Nov 2019, the Feb 2020 membership has also been cancelled). This action has blocked the existing legitimate board of three from conducting any HPP business for four months. (Now eight months) Two of the three directors has been shut out of all HPP business. The GM is suing a director so this is another lawsuit affecting HPP business.
Kawaauhau and the GM are acting independently and are NOT authorized to control the HPP website, conduct business for HPP or spend Association monies that are beyond day to day business...i.e. employee salaries, monthly bills etc. They are in violation of Article VIII Sec 12 Acts of the Board. i.e. There is NO contract between HPP and the contractor working on 1st Rd and there was NO board authorization to expend monies to the contractor for the road paving project. On 1 Jul 2019 Dist 5 and 7 directors asked the GM to see the paving contract, the GM replied that there was no contract. Therefore, the road paving work had no board authorization.
There has been two phone hearings in which the judge declined the plaintiff's request for receivership. There was a court hearing for the partial summary judgment regarding Crelly's resignation and the court has yet to determine whether he's a director. There will be an evidentiary hearing coming up in the near future in which a judge will determine Crelly's resignation, and in the meantime Craig Crelly's director seat is in limbo. Crelly claims he resigned on 19 Jun 2019 in solidarity with the other 4 directors who resigned. (Resigning in solidarity is an act of dereliction of duty and a breach of the directors oath that resulted in harm to the Association)
The judge and the attorneys for plaintiff and defendants recently agreed that a trustee will be assigned soon, chosen by the judge, to manage HPP business. This is a positive thing for HPP as this will put an end to the era of a few people managing HPP without legal authorization. (Having a trustee will bring transparency and order and the defendants welcome this. The judge who was assigned to this case as stated in this Nov communication agreed to appointing a trustee, and has since retired in Dec 2019. The negotiation of the stipulations for a trustee is in the plaintiff's lap. HPP's attorney has stipulated that the trustee have the power to hire/fire and act as a board during the lawsuit time frame. This stipulation exposes the GM to termination since the GM position could be obsolete in a receivership or trustee situation.)
Mahalo for your patience,
District 5 and 7 Directors
I will post additional information as an update shortly.