OLCA lawsuit

[kalakoa]

you can hit the pavement

(Not available all areas. Actual model may differ from photo.)

[My 2 cents]

quote:

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Originally posted by Obie

Proxy voting is covered in " Roberts Rules of Order " !

Our subdivision uses proxy votes so we can achieve a quorum ! It's no different than getting a bunch of neighbors together to vote a certain way.

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In researching the best I could (my books are old and the online versions vary a bit) it seems that under Robert's Rules proxy voting is not allowed unless it is specifically allowed in the bylaws or charter. And State law says exactly the opposite, i.e., it is allowed unless specifically disallowed in the bylaws.

OLCA's bylaws say to follow Robert's Rules unless the bylaws state otherwise. OLCA's bylaws are silent on proxy voting.

My interpretation of this is that since our bylaws are silent, proxy voting is allowed under State law, and since our bylaws are silent, we must follow Robert's Rules, and under Robert's Rules since our bylaws are silent proxy voting is not allowed. Whew.

I'm open to hearing other interpretations, but to me it seems that the best thing to do would be to get it into the bylaws, one way or the other, to clear up any ambiguity. The added advantage of this would be that it would be decided by the membership and not just the board's interpretation whether we should have this or not.

[randomq]

http://www.robertsrules.com/faq.html#10

[Gourmet]

quote:

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Originally posted by My 2 cents

"The Wirick group took control of the board by using unauthorized and unvalidated ( and in my opinion unethical ) proxy votes."

Completely agree. However, let's not forget who the President was at the time....Bob Arthurs. As President and Presiding Officer at that meeting, what is his responsibility? As if the waters aren't murky enough already.

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[Gourmet]

The use of proxies was originally instituted by Richard Greever at the Special General Membership Meeting of November 22, 2014, and NOT your current board Barbara Arthurs is suing for using proxies. The very same Richard Greever who also holds the mortgage on the Arthurs' Orchidland Neighbors community lot. Guess who motioned to accept the use of proxies at the November 22, 2014 meeting because it is allowed by Hawaii State Law? Go ahead and guess! (drum roll please) None other than Barbara Arthurs! [see page three of the minutes here, http://www.orchidland.org/pdf/minutes/Ge...22_Special UNAPPROVED.pdf].

So Barbra Arthurs MOTIONS to accept proxies because it is lawful, then six months later sues your new board for receivership because they used proxies. Maybe you now know where to direct your anger over the colossal waste of your monies.

My interpretation of this is that since our bylaws are silent, proxy voting is allowed under State law, and since our bylaws are silent, we must follow Robert's Rules under Robert's Rule since our bylaws are silent proxy voting is not allowed. Whew.

Robert's Rules is just a handbook to be used as a general guidance and it never trumps State law or Bylaws.

quote:

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Originally posted by Gourmet

quote:

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Originally posted by My 2 cents

"The Wirick group took control of the board by using unauthorized and unvalidated ( and in my opinion unethical ) proxy votes."

Completely agree. However, let's not forget who the President was at the time....Bob Arthurs. As President and Presiding Officer at that meeting, what is his responsibility? As if the waters aren't murky enough already.

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[kalakoa]

Maybe you now know where to direct your anger over the colossal waste of your monies.

To the County who created this mess by approving illegal subdivisions, without which none of this "dueling boards" nonsense would be required?

[My 2 cents]

The extra sad thing about all of this is that for all the time and money spent on this pissing contest we could have been well on our way to holding the County and State accountable, and eliminating the source of all the pissing.

Here's a question: Can someone come up with a scenario, or a way that this plays out where we will be able to look back at it and say "It was well worth it. We're better off now"?

[terracore]

Yes. Receivership. JMHO.

[randomq]

So receivership fixes all problems? Except you have to pay them salaries, and they will probably do the same job or worse than the volunteer board, and may not even live in or care about the neighborhood?

[My 2 cents]

In all fairness Terracore, your answer is a little vague. Can you further opine?