Roads Are Easements Not Planned Communities Or HOAs

[Obie]

PATRICIA PLEASE GO AWAY !!!

[Patricia]

Obie, if you do not like this thread and have nothing informative to contribute, please feel free to ignore.

[Obie]

PATRICIA PLEASE GO AWAY !!!

[Patricia]

Obie, please move on and find another thread more to your liking.

But while you are here...
I found some bylaw for you.

Article VII Section 3
Acts of the Association. The acts of a majority of the membership present at any membership meeting at which a quorum, as per Article V, Section 12, is present shall be the acts of the Association except as otherwise provided herein.

Article VIII Section 8k
Nothing in this section shall be interpreted in such a way as to relieve the board of the responsibility to account for all road funds separately in accordance with generally accepted accounting practices nor to empower the board to expend road maintenance funds for any purpose other than road maintenance activities.

Article X Section 1
Bylaws Committee. When the membership decides that the bylaws need to be reviewed or specific changes to the bylaws need to be considered, it shall at that time elect a committee consisting of not fewer than five members. The Bylaws Committee shall:
a. Present proposed bylaws amendments and recommendations at a subsequent membership meeting.
b. Assist with the preparation of ballots containing the proposed amendments and revisions of the bylaws document.
c. Ensure the approved bylaws changes are signed by the secretary and notarized.
d. Ensure approved bylaws changes are distributed to the membership.


Article XIV
Section 1
Amendment to Bylaws. 
(a) These bylaws may be altered, amended or repealed and new bylaws may be adopted by not less than a two-thirds majority vote of the membership voting by mail-in ballot. 
(b) Mail-in ballots representing at least 600 votes must be returned by the membership to constitute a valid election on a bylaws amendment. © Notwithstanding any provision to the contrary herein, no amendment will alter the membership status, right-to-vote or the road maintenance obligations appurtenant to a lot without the express written consent or joinder of all owners of such lots.
(d) These bylaws shall be subject to Chapter 414D, Hawaii Revised Statutes, as amended, and in case of any conflict, State law shall prevail.
(e) Amendments shall be effective upon approval by the Association membership.

Section 2
Bylaws Committee. As per Article X, there shall be a bylaws committee of the membership. Subsequent to its being elected, the committee shall make recommendations to the members at a membership meeting.
Any proposed amendments to the bylaws to be sent to lot owners for a vote shall first be passed by a two-thirds vote of the members present and voting at that or a subsequent membership meeting.

[KPHawaii]

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"I don't really have obsessions."

I just spit my coffee on my Chromebook screen !

Me too Obie. Me too. Hilarious! 

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[Kiana]

"PATRICIA PLEASE GO AWAY !!!"


Patricia will go away when she makes a post and receives zero comments. Might take a while, but zero attention is it.


Can't believe she's gotten 45 pages of attention on this thread from just a handful of Punawebbers, much of it her own long windedness.


I miss the old Punaweb days and can understand why Rob had to step back and hand it over to new moderators.

[KPHawaii]

"PATRICIA PLEASE GO AWAY !!!"


Patricia will go away when she makes a post and receives zero comments. Might take a while, but zero attention is it.


Can't believe she's gotten 45 pages of attention on this thread from just a handful of Punawebbers, much of it her own long windedness.


I miss the old Punaweb days and can understand why Rob had to step back and hand it over to new moderators.

You are exactly right but it’s sooooo hard to ignore her blatant hate for our community and the board. And I cannot sit back when she twists the truth or outright lies. But, your observation is 100% correct.

[Patricia]

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.

[Obie]

You left this out :

Section 6. Acts of the Committee. The acts of a majority of the members present at a meeting at which a
quorum is present shall be the actions of the committee. The chair of each committee shall seek prior
approval by the board for the actions of the committee.

Can you understand the last sentence ?

That's what the bylaw committee failed to do. Got the cart before the horse. Should have never been introduced at a Membership meeting.


PATRICIA PLEASE GO AWAY !!!

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HPP General Membership Meeting Minutes - October 28, 2018

Nancy Cabral, a lot owner, was allowed to speak as Owner
and Broker of Day-Lum Management company. Gave a brief bio of herself, what she does including managing
about 12 subdivisions. Also manages 17 condo HOA’s, over 600 rental houses, many in HPP, and over 300
commercial locations and 5 subsidized housing development properties. Has 26 employees. IN 1998, she was
called by Judge Nakamura to be the Court Appointed Management during the receivership. The committee
contacted her and she was willing to come out and chat. She understands the bylaws and helped rewrite them
during the court receivership. We re-wrote the bylaws, cleaned up and clarified some problems.

There was a question about whether the Chair went to the board to get approval before presenting it
to the membership. A loud cacophonous discussion ensued because it was felt by the committee, that no
approval of Board was required to call for action, but the bylaws actually did seem to require it, although the
member was not opposed to the presentation, she wanted it noted that just as the Board needs to follow bylaws,
it should mean that the committees need to follow the bylaws, too. Nancy Cabral knew of and then read the
bylaws for clarification that the appointing body (the Board) has the final decision-making powers regarding any
committee recommendations. Any committee actions, whether Board appointed or Membership appointed, all
are advisory to the board, and the Board must decide all approvals.

Can you read and understand that the person who wrote the bylaw, explained it to the Membership.

[KPHawaii]

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.