OLCA lawsuit

[randomq]

I predict no matter who runs the board, and how good the roads are, there will still be people on here alleging theft and bylaw violations. Every mistake will be gross negligence. Every reimbursement will be graft. Every stretch of road paved will be near some board member's property...

[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.

[My 2 cents]

I've tried to remain neutral. With all of the rule breaking by both groups, it's hard to support either one. But when I look at each group's intentions.....

The Wirick group seems to be focused on getting more road work done with less money. I believe they have done this, but they have had to break some serious rules in the process.

The Arthurs group has a clear intention of wanting to have things THEIR way, regardless of what the membership wants. When they were in control of the board, they sent out a ballot with a threat attached to it. Vote the way we want you to (double the fees) or we will put the organization into receivership. The membership voted 'no' to this extortion ballot, so now they are calling it "a vote for receivership" and they are following through with their threat. They are also asking the court to limit the voting rights of the membership. I find this desire to be the Dictators of Orchidland much more disgusting than any of the other crap.

I don't think the Special Master will be able to choose which group is the real board. To do so, he would have to say that it's ok for one group to break the rules, but not the other. I don't think the judge would buy that. I think the best way is to have a new election as Midnight Rambler described.

[kimo wires]

When Jerry Gardner was president he kept advocating for dissolving the board and starting over from scratch. I guess he saw the writing on the wall.
Its exactly what needed to be done. But alas that ship has sailed...

[Orchidlandowner]

I think the proxy vote is only fair to all ,if you pay you should get a vote.

[KeaauRich]

I think the main concern about the original proxy vote was that the only people who were aware that proxies would be accepted were people who agreed with one faction' s position. I agree that Bob Arthurs should have prevented it but apparently he was blind sided as well as didn't want to rock the boat when his fellow board members sprung their surprise.

[My 2 cents]

I am in favor of almost anything that gives the property owners more voice, but I want it to be done correctly. I could ask: How many proxies can one person collect? Does the person collecting proxies have to be a member? Does the authorization have to be notarized? How long is such authorization good for? Answers to these and any other questions about proxy voting are purely anecdotal, because there is (STILL!!) no policy in place that describes the procedures, in writing, that can be referred to to insure that the rules don't suddenly change on a whim.

[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.

[kalakoa]

Proxy voting is covered in " Roberts Rules of Order "

What does Robert's say about forming a second, competing Board?

[randomq]

http://law.justia.com/codes/hawaii/2009/...d-0113-htm

Seems clear enough, and I see no requirement for a notary.

You can whine about proxies used, you can audit the proxies looking for proof of alleged fraud, or you can hit the pavement and get some supporters and proxies of your own.