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I knew I could count on you to defend the abusers. According to you, we should all just do nothing and let the psycho's in charge run us farther and farther into the ground.It is people such as yourself that help make matters worse instead of better. I do stand corrected. I made a huge error and should have proof read my last comment. You are a very dim light bulb and we are all sick of your D___A__ comments. you get all hot and bothered and yell stupidity and we have be polite and endure because we have manners.
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quote:
Originally posted by Katarina
Exactly the comment we'd all expect F.S. Everyone who has read your posts or had to endure your speaking at an HPPOA meeting knows you are not a dim light bulb. We know you can not grasp the by-laws because if you could you would see how many are taken straight from State laws. But even if you could, you'd argue. You are loud and vulgar and obnoxious but we have all found a way to roll our eyes and chuckle at your absurd loud XXL self. You are a fool who has willfully been manipulated. You are still the dumb kid in school just overfed. I'd rather be right and lose than wrong and fooled or the one who is abusing the law for their own twisted needs. I am sure you can find happiness in being manipulated.
quote:
Originally posted by Katarina
... we have be polite and endure because we have manners.
I [am] having [a] difficult time reconciling these two posts.
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we should all just do nothing and let the psycho's in charge run us farther and farther into the ground
No, step aside and take a new front, like amputating a limb because the gangrene is just too deep.
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Flyingsurfer, one of the reasons I posted my previous comment was to give any board directors, who might read that post, reason to pause and examine what they have seen and heard themselves and to read the bylaws and HRS 414D. And hopefully to find out that these laws are being broken and to fix the problem so that members do not have to go to court. A member said in his 3 minutes during the last BOD meeting that the BOD should remove the 2 offenders from their officer positions. That would solve the issue in a proper way according to the bylaws. No one else in our park is creating such havoc. Here is what the Treasurer said during her Treasurers report at Nov. BOD meeting and taken from the Associations web site;
"At the last general membership meeting, one of the members made a motion to add two new members to the finance committee. Per bylaws page 18, article x section 1 item 2– They, technically, broke the bylaws by trying to elect these two people, and at least one of the two people is a witness for the Plaintiffs in the lawsuit against the HPPOA, and our Association attorneys have labeled them hostile witnesses since they are testifying against the association; therefore, per the attorney advisement, they should not acquire ANY financial information that could be handed to the opposing side. This is definitely a conflict of interest and thus, these two people cannot be on the finance committee and the Board should nullify this decision by the membership vote. Janice Ashford (District 7) (the Treasurer) moved to nullify the decision that June Conant and Joan Galante be added and that they cannot be added to the finance committee at this time. Dr. Jo Maynard (District 5) (the VP) seconded the motion.”
Flysurfer you will notice, sorry, I mean let me point out to you what a part of this statement made by the Treasurer actually means by asking you a question. DO you actually think that an attorney would suggest to any one that they break state law let alone the bylaws? I have a strong suspicion that Janice and Jo where probably lying about what the attorney might have said to them. Why? Obviously the attorney would have to also be excluding everyone in the park from getting their hands on the financials and the audit. The bylaws allow any one that owns property here to get those documents on demand. Any one of us could get those docs and hand them over to the supposed “hostile witnesses”. It’s a blatant lie from 2 pathological liars.
I will also point out to you the first lie Janice stated when she tried to use (actually the word is abuse) the bylaws against the 2 membership elected FC members when she stated that “Per bylaws page 18, article x section 1 item 2– They, technically, broke the bylaws by trying to elect these two people, ...”. This bylaw says in part that “...and shall be elected by the membership at the June membership meeting.”. This bylaw has nothing to do with filling vacancies in a membership committee by the membership; even you should be able to reason this out. The June meeting by the membership is to vote in new FC members from the membership who volunteer at that meeting and thus create the number of members who make up the FC for that fiscal year. If these 2 miscreants hadn’t been so ignorant of the bylaws they might have had a better chance to fabricate an abuse of the bylaws by using Art. X Section 4. Vacancies. Two sentences state the procedure for filling vacancies but, it takes a person with some literacy skills to arrive at the intended meaning. So be careful when you read those 2 sentences.
Here is a bylaw that should shut down the confusion and chaos; hopefully a director will read this.
Art. X – Committees; states in part “...or the membership, by resolution adopted by a majority of members present at a membership meeting at which a quorum (see Article V, Section 12) is present, may designate and appoint one or more committees, which committees shall have such scope and authority as shall be delegated to them by the appointing body through said resolution; provided, however, that actions and decisions of such committees shall be subject to the approval of the appointing body. Committee actions and decisions shall be consistent with the resolution and subject to these bylaws and Association policies and procedures. In any event of conflict between the appointing body and its committees, the decision of the appointing body shall prevail. 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.”
If the BOD does not resolve this soon, I think it can be guaranteed at the Feb. membership meeting that this issue will come up and not in favor of the BOD or the 2 miscreants. I hope board members read that carefully, it does not allow for the Board to make decisions for membership committees let alone annul their votes.
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Trying to use the possibility that the "hostile witnesses" could hand Association financial information to the opposing side in the lawsuit by the three terminated employees to remove them from the Finance Committee has no merit.
One of the Plaintiffs is a member of the Association in good standing and no one can prevent him from obtaining that same information himself. Moreover, what does information about the Association's current financial situation have to do with the lawsuit? The Plaintiff's involvement with HPPOA ceased on 18 July 2014.
The rest of that attorney's opinion is equally worthless, because, as reported here, it advises his/her "clients" to break State law HRS 414 D. Whoever paid that attorney just threw that money down a rat hole.
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Our bylaws state that arbitration is the path when there is a dispute between the membership and the board.
This is the membership's only way of getting proper and fair representation in a bylaw dispute. Attorney's work for their client, the board (using our monies). If members want to hire attorneys to represent the membership we'd have to cough up more money. This is why arbitration is in our bylaws for the membership to use.
The membership needs to stand up and insist upon this. It is our right. Otherwise, this board will continue to hire attorneys whenever they want to overturn the membership votes. Why should we vote on anything or attend membership meetings if the board thinks they can overturn whatever the acts of the membership are?
The board is supposed to represent the membership, hence the name board "representative".
As we move through time, the goings on behind the scenes with the board deepens with concerns. This is serious and members need to come forward and speak up at board meetings, membership meetings and writing their district reps to do something with the offending board members.
We have audit and other financial information being denied to members. The treasurer and VP have attempted the ousting of 2 finance committee members who were voted on by the membership back in July 2015. They have requested financial information and never gotten it. They are also denying 2 new members a seat on the FC that was voted on by the membership at the Oct 2015 meeting to fill the 2 vacant FC seats, and are not recognizing them as members. The VP and treasurer have instead brought in another member, their pick, in order to get their majority voting power. The vacant seats were already filled by the 2 voted in Oct 2015, so their adding another member isn't legal.
The VP wasn't ever appointed by the board to be on the FC. So that would make any vote she has made null and void going back to July 2015 up to now. The ousting of the 2 FC members is null and void as is denying the 2 newest members a seat. Why all these maneuvers if there's nothing to hide??? I'm not saying something illegal is going on with our monies, but there sure is a lot of energy being expended in these illegal maneuvers.
Another termination (the Road Crew Supv) has occurred without full board approval and was done by the VP. The officers of the board still think they're entitled to make decisions on their own, hence the current lawsuit we're in. The Pres was not aware of the termination, or the GM upon his 1st day back to work. There is a pattern that keeps going on and on by a particular board member. Hopefully this recent termination will not end up in another terminated employee lawsuit against the association.
What prompted the termination? The employee had permission from the GM to do what he thought was right when a DOH hazardous waste disposal agent showed up at the warehouse asking questions about the leaky equipment on HPP roads. He was instructed by DOH to not allow the equipment back on the road until they were fixed.
The GM was out of town during this event. The Road Crew Supv made the right and ethical decision to fix the equipment despite the VP telling him to never mind what the DOH agent said.
When he came back w/supplies in the morning to fix the equipment after telling the road crew to not take the equipment out on the road, the road crew was on the road using the leaky equipment. The VP had instructed the road crew to get out on the road.
All these events were read aloud at the last board meeting by a member so this is not a secret and not rumors. There are members who've been in touch w/the DOH and verified the information. There was talk of a possible $20,000 fine. The member who brought this event out in the open has also stated that the offending board members should pay the fine if we are issued one, not the association, since the VP went rogue and made a bad decision.
The VP undermined the GM and the Road Crew Supv with their employees. You don't instruct employees to break the law. And most importantly, why in the heck is she telling employees what to do????
She is a VP of the board....and the VP is supposed to be the least powerful officer on the board...read the bylaws. The bylaws doesn't give any kind of power or entitlement to the officers above the other board members. Only the President has innate power when they are supposed to ensure the board follows our bylaws.
Edited to improve word flow.
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any vote she has made null and void going back to July 2015 ... officers of the board still think they're entitled to make decisions on their own ... talk of a possible $20,000 fine ... another terminated employee lawsuit ... a lot of energy being expended in these illegal maneuvers ...
Again? Yet? Still? Somehow not getting cleaned up, despite the repeated airing of dirty laundry? Something must be done! There ought to be a law! HPP is giving all of Puna a bad name!
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"another terminated employee lawsuit". Please be careful Kalakoa, I didn't say there was another lawsuit. Your post alludes to that.
The Finance Committee had a secret meeting last month. There was no advertisement of their meeting, and excluded everyone but the Treasurer, VP (not appointed by the board), one lot owner (who was voted in by the membership July 2015) and one lot owner who wasn't voted on the committee legally. FC mtgs are supposed to be open to the membership. And with the questionable things going on in this committee, you'd think they'd want to prove members wrong by providing more transparency and giving members the financial information they requested.
The two board members on the FC said the membership can't add any members other than at the July membership mtg as one reason to deny the two we added at the Oct 2015 membership mtg, yet it's ok for them to add this lot owner of their choice in the month of Nov/Dec.
It has come to my attention that there is a window of opportunity coming up very soon for the Bond to be refinanced. A former board Pres has been pushing the board to take care of this, who seemed to be clueless about this upcoming opportunity. The former Pres is also one of the 2 FC members we voted on the FC in Oct 2015 that is being denied a seat. There won't be another chance to refinance our Bond and there's lots to do to make it happen. Hopefully it'll get taken care of by knowledgeable members.
Many lot owners don't live in the park. We have no Conch newsletter anymore, or timely postings of board or general meeting minutes (some are intentionally inaccurate per my and other reliable sources), a lack of policies posted which is required by our bylaws, and the VP removes history off our website w/out board approval = the dark ages. HPP is huge and this is one way for HPP lot owners to communicate with each other. Our size also makes it difficult to come together to fix problems. Thank you Rob for providing this venue so interested HPP lot owners can share information and concerns.
I don't believe "nothing's being done" to fix some of our problems.
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I didn't say there was another lawsuit.
It's basically inevitable, consider this a fortune-telling, gratis.
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"Another termination (the Road Crew Supv) has occurred without full board approval and was done by the VP. The Pres was not aware of the termination, or the GM upon his 1st day back to work."
Then it is not a valid termination. If what is posted is truthful,
It is up to our Board and especially our President to over rule this insanity......not the members of our association.
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