HPP BIZ: Part the second

[kalakoa]

Treat the whole thing as a breach of contract. File suit against the board. Once they have been served, put all road dues into escrow pending outcome of the suit.

[leo]

Treat the whole thing as a breach of contract. File suit against the board. Once they have been served, put all road dues into escrow pending outcome of the suit.

Yes you're absolutely right. It is a breach of contract and that is a viable option. Time for people to step up and do speak up and do something. I plan to get involved. There's a General Membership Meeting coming up this Sunday.

[Chunkster]

Leo, don't waste your time going to another meeting unless you plan to collect money and/or support for a lawsuit. (And they'll probably throw you out if you do that openly.) The clique in control will ignore any measures voted on and continue to convince themselves that they are entitled to do as they please. Only two things will stop them, and those are a court order or the removal of their funding through an escrow dues diversion. Lawyers cost money, and one will be needed for either of the measures that kalakoa so correctly suggests. Get a group together and post an email address here. I am willing to contribute to a serious and reputable effort to do this. And don't suggest arbitration. That has been tried and the process is skewed to the Association's advantage.

[kalakoa]

a court order or the removal of their funding through an escrow dues diversion

Exactly. Along the way there should be some juicy discovery (or possibly sanctions if the rogue board is found to have destroyed evidence and/or failed to keep required records, which evidence of wrongdoing would be helpful).

For an extra added bonus, go for class-action status, I'm sure "the residents of HPP" more than qualify. A good lawyer can probably get non-owner residents included in the class.

Ideally, structure the suit so it can be used as a blueprint for suits against other HOAs and possibly the County's handling of FTR.

[dan d]

I agree to both,and am willing to put in the time to help.


HPP

[mermaid53]

Mahalo dan d for your support... please hang in here as there is a lot of important info below that HPP lot owners may wish to know about...for transparency.

Dist7 rep and I, Dist5 rep, were removed at the Oct 2018 board meeting. It was done in open session as we had requested so members could see how their reps voted.

The board meeting opened w/2 board members attending the meeting via phone and counted as quorum. Last month Dist8 rep attended via phone counted as quorum and voted on motions. His situation is warranted for the time being and there was a repeat at this month's board mtg. Dist1 L. Kawaauhau, followed suit attending and counted as quorum and voted on motions at this month's board mtg via phone. Dist3 who was managing Dist1 on the phone said Dist1 was at work. For over 2 yrs now, Dist1 left almost every board meeting around 8 PM. I joked that maybe we all should attend via phone from here on out. I can sit back w/a glass of wine at home and invite anyone I want to sit and listen, heck even listen in during exec session mtgs w/out anyone knowing otherwise.

The majority board led by Dist3, K Shaw, for the 2nd board meeting in a row, butchered the board meeting agenda, to maneuver it to fit their agenda. This is two months in a row this has occurred because they want to go into an executive session meeting. Last month it was so they could swear in Dist6 C. Crelly. This month it was for the board to handle legal business that got backed up from last month that had a timeline attached. I saw no urgency when all was said and done that exec session had to supersede the regular board mtg.

Regular board business is back logged two months now because of these majority board maneuvers. This is not in the best interests of the association. Two of the items being heavily affected is the forensic analysis (1 yr delay now) and the bylaw amendment ballots that were supposed to be mailed out in March/April 2018. **Both items currently have business people on hold, in limbo, bc the majority board continues to stall** Every tactic to stall, roadblock and bullying is being exercised towards me.

People, you need to step up like never before at the membership mtg this Sunday at 3 PM and ask this board WHY all this obstruction....8 mos to 1 yr's worth of obstruction...WHY? If there's nothing to hide, prove it by stopping all the obstructions and road blocking. The forensic analyst is waiting for signatures for his service agreement.. The printing company for the ballots is waiting for an excel spreadsheet mail merge list and 50% down payment before they begin printing the ballots. They are in limbo right now and it sure isn't because of Dist5 or Dist7. Two board members can't do it all alone.

The Conch newsletter has been completed ready to go since last month and posted on the website but this is also being obstructed. Because I was the editor w/help from a member, the rules have changed in the process of approving and posting it. The newsletter also announces that the forensic analysis was voted on and the ballot mail out process voted on....could be why you aren't getting to see the Conch.

Back to the board mtg...The president and chairperson stood her ground to control the meeting....to stick to the agenda in the best interests of the association as we had a lot of regular business to take care of, two months worth now. I supported her in this effort to no avail. Dist6 C Crelly said it was not her decision to make alone. Dist3 K. Shaw they have the majority vote.

While this was going on, Dept of Transportation Don Smith was sitting in the peanut gallery waiting to speak to the board about the upcoming roundabout to be located at Makuu. He watched this dysfunctional embarrassing majority board make a mockery of HPP's business. I could see he was agitated at what he was witnessing. When he got up to speak, thank God he was placed intentionally near the beginning part of the agenda so he could leave early......he appeared shell shocked (along w/most in the peanut gallery) and was there to discuss placing a cross walk near the round about. Because it would impede on our easement he wanted to speak w/the board. Dist8 via phone asked, "what are we going to get out of this?" to which the peanut gallery gasped. Mr Smith graciously replied that Dist8 had a right to comment. In the end Mr Smith said he wished to speak w/the board further in the near future and left his business cards and was on his way.

After Mr Smith exited Dist2 rep resigned as board secretary effective Nov 1. Then came the removal of myself as VP and Dist7 president. We both spoke on our defense and having this process done in the open revealed to the peanut gallery how each of the board reps voted on this matter. Dist1 (via phone), Dist3, Dist4, Dist6, Dist8 (via phone) and Dist9 voted to remove us as officers.

Dist7 rep, in my observations, is the only one who is competent to be president of the board w/her business knowledge and experience, and deserving to be an officer as she truly understands what it means to "represent the best interests of the association". In every thing she says or does makes that 100% evident. I vote NO CONFIDENCE in any of the others ability to be in charge of HPP for various reasons I can't disclose here.

Dist7 as president, myself as Dist5 rep and Dist2 rep have been castrated from the start in carrying out our fiduciary duties as officers, which includes overseeing the GM, who has resisted from the word go and w/support of board reps has succeeded. It'll be interesting to see if the GM is just as uncooperative w/ the new president and VP and resistant to board directives.

Funny kalakoa would bring up "failure to keep required records". This was brought out in open session at the Aug 2018 board mtg that Dist6 rep had not turned over exec session mtg minutes to the current board president. Only the current president per our bylaws is supposed to be in possession of executive session mtg minutes. The majority board wanted him sworn in and to take an oath to follow the bylaws, whilst being in a serious violation of the bylaws being two months overdue in turning over this important document. He was held off for another month of being sworn in and by Sep 2018 board mtg, Dist3 K.Shaw butchered the board mtg agenda to insert exec session mtg to take precedence over all regular board mtg business so they could swear in Dist6 in on the board. It was no secret as it was on the reg board mtg agenda to move this action to exec session. It's no longer a secret as he is obviously sitting on the board and voting at board meetings. Dist6 still had not turned over the exec session mtg minutes but that was not an issue as evidenced when only Dist's 5, 7 and 2 voted no to swear him in. At the Oct 2018 board mtg in open session, it was brought out by a rep that there are important HPP documents missing, and this is in violation of our bylaws, state law and federal law. That this board needs to take action to fix this.

Mahalo for your time.

[mermaid53]

P. S. I forgot to add that Dist8 rep via phone cussed and then later laughed when Dist7 rep mentioned her ill mother. You could hear both things clear as day. The peanut gallery gasped. I told Dist4 rep to turn the phone off, as it would be similar to ordering a rep out of the room for this level of disrespect. Dist7 also concurred. Dist4 rep wouldn't shut the phone off and Dist6 rep said that we had no authority to act on our own. Does this come off as condoning this behavior?

Today at 5:30 is an Urgent board meeting to install new officers. It's not closed to the public if you wish to observe this process.

[Kahunascott]

[quote]Originally posted by kalakoa

Treat the whole thing as a breach of contract. File suit against the board. Once they have been served, put all road dues into escrow pending outcome of the suit.


No merit in your argument there is no contract, and who's going to pay for the lawyer???

[kalakoa]

No merit in your argument there is no contract

I'm sure the residents of HPP will be overjoyed to learn that they are no longer obligated to pay their road dues.

[dan d]

I vote no confidence in the entire association. How do we hire an attorney to support us.
I vote that we do a class action suit.should we start with a petition? How do we do this?
There has to be a legal representation person in the audience to help us.
Thanks in advance.
Aloha


HPP