HPP BIZ: Part the second

[kalakoa]

1 board 1 set of bylaws just have to follow them

Good one.

[reni]

"You’re drowning mermaid decide fish or man."

No, our association is.

[Frank]

@ stillwater.."The board legally has 4 directors 2 of which are acting on their own having a meeting and illegally establishing quorum as 2 it is 3 no matter how you stretch your imagination or don’t like the truth."

What are you trying to say here?

My understanding is that the Board had 3 Board members. So now there's noise that a swearing in of Craig ( he did resign) occurred without informing the other board members, aside from Larry possibly . Certainly not promulgating this info to our Association, right?
add this to
No effort to post our past membership meeting by Larry? No effort by Larry or Craig to organize or attend a special BOD meeting for the purpose of installing newly elected officers and filling vacancies ?
And we are supposed to believe that this is conducting Association business in good faith?
And we are supposed to believe that YOU are in possession of our current financial information? And everything is just fine?
No, Brah, kaatoons already

[TomK]

quote:

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Originally posted by Stillwater

??How can anyone even begin to believe HPP has two boards 1 board 1 set of bylaws just have to follow them.. a director can’t be sworn in by a director they must be sworn in by the secretary or recording secretary there is no secretary only a president that is still active, never resigned, sworn in and will hold the position until the board elects to replace (yep that’s in the bylaws ask mermaid) My understanding of this past get together mermaid was attending the other director present attempted the swearing in of property owners none of which read the oath only said their names the Director read the oath????WTH???? The board legally has 4 directors 2 of which are acting on their own having a meeting and illegally establishing quorum as 2 it is 3 no matter how you stretch your imagination or don’t like the truth. It’s up to everyone to like or not like someone but if the district reps you speak of have followed the bylaws and the others have not then the actions they are taking on their own without board approval it’s absurd to make any assumption there are 2 boards...there are just 2 directors doing exactly what they have been doing acting on their own which is grounds for removal!! Orchidland did win but HPP has policy’s and procedures in place so nope sorry don’t think anyone that shouldn’t be will be accessing the bank funds like Orchidland..

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I feel as though I've just drunk five pints of strong lager followed by a couple of whisky chasers and then took a roller-coaster ride.

[My 2 cents]

"I am quite up to date on the Orchidland issues and have been seeing as I’ve lived here Forever so I don’t have the need to be schooled on Orchidland."

"don’t think anyone that shouldn’t be will be accessing the bank funds like Orchidland.."

Apparently you do need to be schooled. Plaintiffs just spent 4 years and several hundred thousand dollars trying to prove that OLCA funds were mismanaged and they failed on all counts. OLCA is now going after the plaintiffs to recover their attorneys fees and for other sanctions, so the already astronomical costs of this endeavor may soon skyrocket out of orbit. All for nothing.

I don't have a dog in your HPP race but there might be some pertinent lessons to be taken from the OLCA lawsuit. Plaintiffs were trying to hold the directors accountable for improprieties and put OLCA into receivership. Sound familiar? I'm sure that the plaintiffs in this case went into it thinking that their case was overwhelmingly solid, that it would be quick and easy, a couple of months and a few thousand dollars and they would have their win. They couldn't have been more wrong. So you might want to consider what just happened here in Orchidland before embarking on a similar action in HPP.

It's very sad that it is so difficult to hold directors accountable for improprieties. While other businesses can simply be reported to RICO and get attention right away, associations are allowed to run amok. Non-profits are supposed to be held to even higher standards, but there is no agency in Hawaii that they can be reported to or that will take any action. If there was I'm sure that the improprieties would be drastically reduced.

I have 2 avenues to suggest:

1. Clean house. Fill up the board with people who are able to interpret and follow the laws and get a new GM if necessary. Don't laugh, I'm serious.

2. If you must throw money at it, go after the county instead of your neighbors. It's a much more winnable case with all-around better and more permanent results.

[Chunkster]

"While other businesses can simply be reported to RICO and get attention right away, associations are allowed to run amok."

This is not entirely the case. Associations are required by the IRS to maintain certain levels of financial transparency, conflict of interest controls, and adherence to statutory regulations in order to maintain their tax exempt status. Badly operated home owners associations have been brought down by complaints to the IRS that resulted in investigations and sanctions.

[My 2 cents]

Yes, and the state has many of those same requirements. The problem is getting them to act. But, point taken. Has anyone tried reporting the current complaints to the IRS?

[leo]

Plaintiffs were trying to hold the directors accountable for improprieties and put OLCA into receivership.

It's the resigned directors and General Manager who are in question of improprieties. The two sitting directors at the recent General Membership Meeting are being targeted by the rats who jumped ship. That was obvious after attending the General Membership Meeting.

Stillwater, aren't you one of the directors who jumped ship? You keep saying there's four directors but won't say when Creely was sworn in. Just hearsay.

Associations are required by the IRS to maintain certain levels of financial transparency, conflict of interest controls, and adherence to statutory regulations in order to maintain their tax exempt status. Badly operated home owners associations have been brought down by complaints to the IRS that resulted in investigations and sanctions.

Conflict of interest? A neighbor was at one of the recent BOD meetings said the treasurer got the paving job. Now she quit the board. At another BOD meeting it came out that HPP documents are missing. Executive Session Meeting Minutes. It's been going on for awhile. That could screw HPP's non profit status. Creely's been an officer for years. He should be able to shed some light?

[Stillwater]

There you have it the answer receivership that’s exactly what needs to happen peace out done with the reindeer games.

[Old Croc]

Member apathy overpowers house cleaning.