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Roads Are Easements Not Planned Communities Or HOAs
(01-20-2025, 11:59 PM)Patricia Wrote: The designation and appointment of any such committees and the delegation thereto of any authority shall not relieve the Association, the board, or any individual thereof, of any responsibility imposed by law.

No argument from me, KP. As per the LAW, the past board and this board are required to follow the process as outlined in the bylaws.

"If a membership passed a motion at a meeting that, according to the bylaws, should have been carried out by the board but was ignored, this constitutes a violation of the bylaws and could potentially lead to legal action against the board members, as bylaws are legally binding documents that govern the organization's operations."

The 2018 bylaw amendments were passed by a 2/3 (even MORE) majority of the owners/members in 2018. 
The bylaws committee then, following the bylaws, took those bylaw amendments, put together a ballot, presented it to the board, had EVERYTHING ready, as per the bylaws for those amendments to be mailed out for owner/member approval.
But the HPPOA board has REPEATEDLY (even now) IGNORED the acts of the Association, regarding the 2018 bylaw amendments and in so doing has IGNORED THEIR RESPONSIBILITY AS IMPOSED BY LAW.

Again, the ultimate responsibility of everything implemented falls on the board, per the bylaws. If there was something the board felt was not right and they voted on it and maybe even got attorney advice from your friend Hamano, it is their duty and obligation to do what’s right for HPPOA. How many times have you said that “a few owners making decisions for everyone, is not right.” You can’t have it both ways.


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KP
“When your hate is louder than your love, your words have no meaning!”
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RE: Roads Are Easements Not Planned Communities Or HOAs - by KPHawaii - 01-21-2025, 12:57 AM

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