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quote:
Originally posted by DanielP
Having been on a board in the past, I feel that a letter from the BOD is inappropriate in this case.
You certainly are right Dan, the BOD has nothing to do with this issue and should refrain from being involved. (Please note that I'm speaking purely from a legal point of view, I don't know anything about SPACE and I'm not passing judgment on the project.)
Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
(This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)
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If anyone would like to see the draft of the amendment to our Special Use Permit, here's a link to a download:
http://www.hawaiispace.com/newsletters.php
Aloha,
Jenna Way
Executive Director, Hawaii's Volcano Circus
SPACE Performing Arts Center
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Wow, I noticed that too - that their draft includes a letter from the neighborhood BoD listed as an exhibit. Maybe there was a preveous letter? Is it wishful thinking or... a done deal?
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quote:
Originally posted by DanielP
Having been on a board in the past, I feel that a letter from the BOD is inappropriate in this case.
You certainly are right Dan, the BOD has nothing to do with this issue and should refrain from being involved. (Please note that I'm speaking purely from a legal point of view, I don't know anything about SPACE and I'm not passing judgment on the project.)
[quote from John Rabi]
+the fact that one of the residents has a lawyer (according to
Akahai) to appose this letter.
___________________________
Whatever you assume,please
just ask a question first.
___________________________
Whatever you assume,please
just ask a question first.
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"Exhibit A – Community Petition in Support of the proposed activities (977 signatures)".
A couple of?? for Jenna (and others with first-hand knowledge):
1.How many signatures are from the homeowners of Seaview?
2.How many from people who actually live in Seaview(renters included)?
3.When the petition was signed?
4. A new PW member(Stinkbug) raised a question.Could you comment on it,please?
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Whatever you assume,please
just ask a question first.
___________________________
Whatever you assume,please
just ask a question first.
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It is almost funny reading the application.
In one part it is stated that 150 people will attend the farmers market,later there is a statement that there be 200 cars there ( did 50 cars drive there by themselves ? ) and later it is stated there are 116 parking places ,so there is plenty of off street parking.
Huh ???
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The other fifty were driven by the aliens from space[  ]
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Whatever you assume,please
just ask a question first.
___________________________
Whatever you assume,please
just ask a question first.
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quote:
Originally posted by wyatt
Bob, there is a reason for a difference in the past and present Board of Directors position on this type of issue. It was unclear, up until recently if our board was restricted exclusively to park maintenance or not. Our articles of incorporation and Hawaii State law have made this issue more clear. While the board would rather not have this issue put before it; S.P.A.C.E. asked for this letter of endorsement. S.P.A.C.E. is a member of our association and has the right to request this of the board.
So can you explain what changed between February 2010 when a member raised an issue over SPACE and its negative impact but the BOD stated it was not the concern of the association? Wasn't the person who raised the concern also a member, yet the BOD decided it's not association business?
Now June 2010, there is some new clarification that allows the BOD to claim it's now association business. What clarification was there? I mean if the By-Laws limits the BOD to specific duties, what in the articles of incorporation granted a power to the BOD that the By-Laws did not? And for that matter what state law over rode the association’s by-laws to grant additional duties not specified in the By-Laws?
As for SPACE being a member and thus “has the right to request this”, what happens if a member comes to the Board and ask the BOD for a letter opposing the application; wouldn’t they also have a “right” to expect the BOD would issue a letter opposing the application? I take it that if BOD action is based on membership, if any MGS ask the Board to oppose the application, you could not issue one in support because a MGS has requested a letter not supporting the application.
But if you take sides, that would pit MGS against MGS and the Board, opening the Association to a civil lawsuit. And if the By-Laws are upheld as limiting the duties of the Board to only what is authorized in the By-laws, the association is going to be making some attorneys rich. Of course, the Board can take the same position they did in February 2010 and say this is not association business and stay out of the tug-o-war.
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Sorry guys, as I stated before, I don't know much about this issue. How is SPACE a member of the home owner association? Do they own property in KSE?
Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
(This is what I think of the Kona Board of Realtors http://KonaBoardOfRealtors.info)
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Bob asks:
"what happens if a member comes to the Board and ask the BOD for a letter opposing the application; wouldn’t they also have a “right” to expect the BOD would issue a letter opposing the application?"
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I think the person would have a "right" for the board to vote on it.
I suspect that if the board in Seaview supports SPACE, it's because the majority of residents support SPACE and recognize it as an asset to the community.
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I'm not a lawyer, nor do I live in Seaview. I am however, a non payed volunteer member of my neighborhood board.
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