Post by jessherzogc403 on Oct 13, 2023 20:51:05 GMT
FROM A PREVIOUS OWNER AND MSS BOARD MEMBER
Date: Thu, Oct 12, 2023 at 3:36 PM
Subject: Re: Surfside
Aloha Jess:
Bless you for daring to step onto the Board. The Managing Agent has contempt for owners and low respect for Board members. They only ‘suck up’ to the President.
Most Boards are manipulated by Managing Agents through their abuse of Proxies, an item which they receive back from most owners. Investors, mobility challenged people, and those who simply cannot attend a meeting in person, are deprived of the right to cast their own vote. This curious rule was written by a ‘deputized’ (appointed) group of lobbyists, mostly attorneys, for the property management companies. They were impaneled by the Real Estate Commission to overhaul the condominium/HOA statute 514a in 2002. At the end of 2003 they submitted their ‘work’ to the Legislature which passed it putting that ‘industry’ in a position of power over their HOA clients.
Specific to Makaha Surfside, for many years Robert Benson (retired Navy submariner) and Phil Fernandez (a WWII Navy Veteran) would ask me to step onto the Board, which for a great many years I resisted.
Finally, after retiring from Pearl Harbor Naval Shipyard in 2006 I began to give it some thought. We had a bully Resident Manager who was really vile, a dictator. I started a Petition to remove the entire Board of Directors in Oct of 2007 as they gave him 100% power with no supervision. He turned the complex into Waianae community ‘prison’. Well, time went by and it was too hard to get 25% of owners informed about our efforts (I hosted 3 off site meetings attended by a total of 100 owner at Waianae Sacred Hearts Church).
With the help of a small core group, we put out 3 newsletters to owners. For the 2008 Annual Meeting we had the majority of Proxies and I got onto the existing Board along with another ‘insurgent’ candidate, Stephen Mead.
Attorney Philip Nerney was hired, basically to stop us. Hawaiiana Property Manager Joanne Eugenio had sent us an email to ‘stop’ sending letter to the incumbent Board and instead send them to attorney Nerney. At our 2008 meeting, he said, “If you get onto the Board, Dale Head, I will resign as your condo attorney’, which he did.
Our crazy Resident Manager (he was an unapprehended killer from Utah), abandoned his job, went to Waianae Comp, complained he was suffering from PTSD, got a slip from the doctor to stay off work, then found an ‘extortion’ attorney to sue me and 3 others, plus the HOA. That distraction took 2 years of my time. Eventually, he got a $40,000 ‘settlement’ to withdraw the Tort. Two years later he was caught in a DNA match for the murder of elderly Ward Wolverton (who was beaten to death with bricks in 1996 in Salt Lake City).
As Hawaiiana had ‘circled the wagons’ to protect Alan Lee Marx (former Board President) and the Board, it was my mission to fire them. The company got attorney Milton Motooka to send us a letter that we missed a cut off date to inform Hawaiiana of their proposed termination, and that as they had a 5 year contract with a built in rollover date, we were stuck with them for another 5 years.
However, I had sent several emails to Joanne Eugenio to send us a fresh bid to compare with other companies. She waited until the stroke of midnight, just hours before our regular Board meeting to send it, leaving insufficient time for the Board to study it. This was unacceptable. Our contract with Hawaiiana also read that they could be terminated at any time ‘for cause’.
Hawaiiana had attorney Milton Motooka sent us a letter that we failed to provide them with timely Notice of intent to terminate, therefore we were stuck with them for another 5 years, or, we could ‘buy them out’. No fricking way…..
As they knew of the likelihood of being canned, at our next regular Board meeting they sent Vice President Phyllis Kacher along with Joanne Eugenio to attend. First Ms. Kacher tried a threat, that they had a legal contract we could not break without buying them out. That did not intimidate the Board. Then she tried a ‘guild trip’ psychology, saying, “You are a big account. If you release us, we will have to lay off an employee”. Uh, nope, that was a bad argument.
I had Stephen Cruz (a US Postal Service employee, who was born in Manila), make a Motion under New Business to terminate them). It was a unanimous vote by the Board to fire them.
I had our attorney send their President, Emery Bush, 2 letters that they were being fired for their intentional refusal to provide a timely bid, when requested to.
We next tried Hawaii First, founded by Richard Emery, who later sold that firm to Associa, of Dallas, TX. We had them for 8 years and it was never ending intrigues. Fired them in 2016 and tried Hawaiian Properties. This one was more trouble than Associa.
About Russel Doane. Once I confirmed how he was hijacking our elections to keep the Board ‘stacked’ with his stooges, blocking, wrongfully, people from being seated who had more owners support, I confronted him at several Board meetings. Then I sent an email letter about it to Dass Ramadass, owner of Hawaiian Properties. No answer, of course. Russell was infuriated. Later he demanded a Letter of Censure on Dale Head and was supported by his majority of stooges. Then Russel mailed out the smear letter to all owners, under his signature. Meanwhile, apparently, the Makaha Surfside monies were being embezzled.
Letting Hawaiiana back in the door was insanity.
Mahalo,
PS - Feel free to share.
When Marx was appointed to the Board, he was not an owner. His wife Jannie was the exclusive owner. A Waianae Realtor warned the Board he was ineligible. She was ignored and suffered many acts of retaliation. Hawaiiana remained quiet, in order to keep the Board happy. He was wrongfully made President displacing Mary Ellen Lovelace. She sold her place and fled MSS, later buying a house near Pokai Bay. I met her at a Waianae Neighborhood Board Meeting. After I addressed attendees she spoke with me for several minutes.
Marx got control of the Board after bullying 3 of the members into resigning. [ That he was not a property owner is astonishing.]
Two of them were Don Maxwell and Sharon Fountain. They too sold and fled. I believe the 3rd person was Blaine Higa, who worked as a Crane Operator at Pearl Harbor Naval Shipyard.
Mahalo,
PS- Hawaiiana is very bad news
Nerney, hired to keep me off the Board in 2008. He is on the CAI LAC (Community Associations Institute - Legislative Action Committee), and opposes all Bills written to give due process and voting rights to HOA members.
www.followthemoney.org/entity-details?eid=10090982
********
This monster was protected by Hawaiiana and their stooge Board at Makaha Surfside. And, the 2023 Board let them slither back in. Appalling!!
Mahalo,
www.sltrib.com/news/courts/2015/01/30/man-who-admitted-1997-utah-beating-death-robbery-gets-up-to-life-in-prison/
Date: Thu, Oct 12, 2023 at 3:36 PM
Subject: Re: Surfside
Aloha Jess:
Bless you for daring to step onto the Board. The Managing Agent has contempt for owners and low respect for Board members. They only ‘suck up’ to the President.
Most Boards are manipulated by Managing Agents through their abuse of Proxies, an item which they receive back from most owners. Investors, mobility challenged people, and those who simply cannot attend a meeting in person, are deprived of the right to cast their own vote. This curious rule was written by a ‘deputized’ (appointed) group of lobbyists, mostly attorneys, for the property management companies. They were impaneled by the Real Estate Commission to overhaul the condominium/HOA statute 514a in 2002. At the end of 2003 they submitted their ‘work’ to the Legislature which passed it putting that ‘industry’ in a position of power over their HOA clients.
Specific to Makaha Surfside, for many years Robert Benson (retired Navy submariner) and Phil Fernandez (a WWII Navy Veteran) would ask me to step onto the Board, which for a great many years I resisted.
Finally, after retiring from Pearl Harbor Naval Shipyard in 2006 I began to give it some thought. We had a bully Resident Manager who was really vile, a dictator. I started a Petition to remove the entire Board of Directors in Oct of 2007 as they gave him 100% power with no supervision. He turned the complex into Waianae community ‘prison’. Well, time went by and it was too hard to get 25% of owners informed about our efforts (I hosted 3 off site meetings attended by a total of 100 owner at Waianae Sacred Hearts Church).
With the help of a small core group, we put out 3 newsletters to owners. For the 2008 Annual Meeting we had the majority of Proxies and I got onto the existing Board along with another ‘insurgent’ candidate, Stephen Mead.
Attorney Philip Nerney was hired, basically to stop us. Hawaiiana Property Manager Joanne Eugenio had sent us an email to ‘stop’ sending letter to the incumbent Board and instead send them to attorney Nerney. At our 2008 meeting, he said, “If you get onto the Board, Dale Head, I will resign as your condo attorney’, which he did.
Our crazy Resident Manager (he was an unapprehended killer from Utah), abandoned his job, went to Waianae Comp, complained he was suffering from PTSD, got a slip from the doctor to stay off work, then found an ‘extortion’ attorney to sue me and 3 others, plus the HOA. That distraction took 2 years of my time. Eventually, he got a $40,000 ‘settlement’ to withdraw the Tort. Two years later he was caught in a DNA match for the murder of elderly Ward Wolverton (who was beaten to death with bricks in 1996 in Salt Lake City).
As Hawaiiana had ‘circled the wagons’ to protect Alan Lee Marx (former Board President) and the Board, it was my mission to fire them. The company got attorney Milton Motooka to send us a letter that we missed a cut off date to inform Hawaiiana of their proposed termination, and that as they had a 5 year contract with a built in rollover date, we were stuck with them for another 5 years.
However, I had sent several emails to Joanne Eugenio to send us a fresh bid to compare with other companies. She waited until the stroke of midnight, just hours before our regular Board meeting to send it, leaving insufficient time for the Board to study it. This was unacceptable. Our contract with Hawaiiana also read that they could be terminated at any time ‘for cause’.
Hawaiiana had attorney Milton Motooka sent us a letter that we failed to provide them with timely Notice of intent to terminate, therefore we were stuck with them for another 5 years, or, we could ‘buy them out’. No fricking way…..
As they knew of the likelihood of being canned, at our next regular Board meeting they sent Vice President Phyllis Kacher along with Joanne Eugenio to attend. First Ms. Kacher tried a threat, that they had a legal contract we could not break without buying them out. That did not intimidate the Board. Then she tried a ‘guild trip’ psychology, saying, “You are a big account. If you release us, we will have to lay off an employee”. Uh, nope, that was a bad argument.
I had Stephen Cruz (a US Postal Service employee, who was born in Manila), make a Motion under New Business to terminate them). It was a unanimous vote by the Board to fire them.
I had our attorney send their President, Emery Bush, 2 letters that they were being fired for their intentional refusal to provide a timely bid, when requested to.
We next tried Hawaii First, founded by Richard Emery, who later sold that firm to Associa, of Dallas, TX. We had them for 8 years and it was never ending intrigues. Fired them in 2016 and tried Hawaiian Properties. This one was more trouble than Associa.
About Russel Doane. Once I confirmed how he was hijacking our elections to keep the Board ‘stacked’ with his stooges, blocking, wrongfully, people from being seated who had more owners support, I confronted him at several Board meetings. Then I sent an email letter about it to Dass Ramadass, owner of Hawaiian Properties. No answer, of course. Russell was infuriated. Later he demanded a Letter of Censure on Dale Head and was supported by his majority of stooges. Then Russel mailed out the smear letter to all owners, under his signature. Meanwhile, apparently, the Makaha Surfside monies were being embezzled.
Letting Hawaiiana back in the door was insanity.
Mahalo,
PS - Feel free to share.
When Marx was appointed to the Board, he was not an owner. His wife Jannie was the exclusive owner. A Waianae Realtor warned the Board he was ineligible. She was ignored and suffered many acts of retaliation. Hawaiiana remained quiet, in order to keep the Board happy. He was wrongfully made President displacing Mary Ellen Lovelace. She sold her place and fled MSS, later buying a house near Pokai Bay. I met her at a Waianae Neighborhood Board Meeting. After I addressed attendees she spoke with me for several minutes.
Marx got control of the Board after bullying 3 of the members into resigning. [ That he was not a property owner is astonishing.]
Two of them were Don Maxwell and Sharon Fountain. They too sold and fled. I believe the 3rd person was Blaine Higa, who worked as a Crane Operator at Pearl Harbor Naval Shipyard.
Mahalo,
PS- Hawaiiana is very bad news
Nerney, hired to keep me off the Board in 2008. He is on the CAI LAC (Community Associations Institute - Legislative Action Committee), and opposes all Bills written to give due process and voting rights to HOA members.
www.followthemoney.org/entity-details?eid=10090982
********
This monster was protected by Hawaiiana and their stooge Board at Makaha Surfside. And, the 2023 Board let them slither back in. Appalling!!
Mahalo,
www.sltrib.com/news/courts/2015/01/30/man-who-admitted-1997-utah-beating-death-robbery-gets-up-to-life-in-prison/
