Post by Admin on Oct 16, 2023 18:28:38 GMT
form.jotform.com/mssowners/petition
Your information will be kept confidential until the petition is ready for delivery with 25% ownership participation.
Please feel free to share this far & wide to ensure justice for us all at Surfside!
Mahalo,
MSS Owners for Change
#Justice4Surfside UPDATE October 30, 2023
Aloha Surfside Owners for Justice,
After this weekend's meeting many owners want action, they are upset, they see the board ignoring the owners & denying accountability for financial losses yet to be rectified. Here are some thoughts based on research of the situation in Hawaii and past efforts by owners to face the same corruption we face today.
LEGAL REPRESENTATION:
This is for informational purposes only, it is not a suggestion nor call to action, but rather a step in educating us as owners so we can make the best use of our time and finances.
Forming a collective of individual owners to hire an attorney and sue a board of directors for mismanagement of the association involves several crucial steps. Here is a general guide on how this process can be initiated:
Collective Agreement: Ensure that a significant number of individual owners are interested in pursuing legal action against the board of directors. It's essential to have a consensus among the group on the course of action and to establish a clear understanding of the objectives and desired outcomes.
Leadership and Communication: Appoint a group representative or establish a leadership team responsible for coordinating efforts, communicating with the owners, and managing the legal proceedings. Clear and effective communication within the group is vital to maintain unity and focus.
Legal Consultation: Seek consultation from a specialized attorney with experience in real estate or association law. A legal professional can provide guidance on the viability of the case, the legal options available, the potential costs involved, and the steps required to initiate legal action against the board of directors.
Documentation and Evidence: Gather all relevant documents, such as association bylaws, meeting minutes, financial statements, and any other records that demonstrate the board's mismanagement. Compile a comprehensive dossier of evidence that supports the claims of mismanagement or any other legal violations by the board.
Financial Planning: Develop a financial plan to cover the costs associated with hiring an attorney and pursuing legal action. This may involve assessing the financial contributions that each member of the collective is willing to make to fund the legal representation and related expenses. Consider volunteer time to the effort from those with fewer liquid assets.
Legal Representation and Lawsuit Filing: Upon selecting a suitable attorney, the group representative or leadership team should work closely with the legal counsel to draft a formal complaint outlining the allegations of mismanagement. The attorney will file the lawsuit *likely to be sent to mediation on behalf of the collective, initiating the legal proceedings against the board of directors.
Court Proceedings and Resolution: Actively participate in the legal process and follow the guidance of the legal representative during the court proceedings. Maintain open communication with the attorney and regularly update the group members on the progress of the case. Be prepared for potential negotiations, settlements, or court hearings as the lawsuit progresses.
Remember that legal procedures can be complex and time-consuming, so it's crucial to remain patient, dedicated, and persistent throughout the entire process. It is advisable to follow the advice of the attorney and adhere to all legal requirements to maximize the chances of a successful outcome.
OTHER NEWS
PETITION CHANGES:
After recent information was shared with this group, a portion of the petition was updated to better reflect the primary grievances, which are financially based - not personal. The first point of the petition now draws attention to the misuse of legal counsel and lack of movement to recover damages for the contract breach and non-performance by Hawaiian Properties over the past 7 years. WE have paid them over $500,000.00 and should not let them keep all of it!
MANAGEMENT DAMAGES:
Secretary Kerklo has worked on an estimation that projected over $275,000.00 in restitution from Hawaiian Properties. But the Board takes no action and continues to delay addressing the issue. Repeatedly claiming "we have been made whole". That is a false claim as were their accusations that the Treasurer "cost the association interest income". The board promised the owners that the funds would go into an FDIC insured account and twice HP delivered accounts for review that did not meet that standard. The Board took no action after the Treasurer requested the information on the insured sweep account and it was not supplied by the HP representative in a timely manner.
LEGAL CHALLENGES for OWNERS:
Here is a paraphrased response from someone well experienced with the corruption and plight of AOAO members in Hawaii when asked what are our next steps:
1. Clarify the pursued objectives and intentions of the group.
2. Consider the involvement of the Honolulu Police Department (HPD) and/or the Federal Bureau of Investigation (FBI) in light of the public attention garnered by the theft.
3. Note that civil actions often undergo mediation by the presiding judge, with serious concerns about the fairness and neutrality of these proceedings, as shared by colleagues.
4. Recognize the flaws within the justice system and express agreement with the preference for an out-of-court resolution, if viable.
5. Exercise caution when selecting legal counsel, avoiding those associated with the condo trade industry, and approaching the matter with prudence.
"As for attorneys, I'm sorry, I do not recommend any, but if I know that an attorney is a member of the condo trade industry, I do caution the owner who inquires. I have not heard anything negative or positive about the firm or attorneys you mentioned" [redacted]
ACTION STEPS:
AFFIRM OUR OBJECTIVES:
"Recover funds from Hawaiian Properties for contract breach, nonperformance and interest income that was lost over the past 7 years due to HP's negligence, considered consequential damages."
DO YOU AGREE? If so we can draft our own letter to the board of directors NOW.
DEMAND LETTER FROM OWNERS:
Formally request the President call a Special Meeting (suggest a date & time) to hear the Secretary and Director Herzog's rationale for losses owed and appoint an attorney for the Association to take immediate action against Hawaiian Properties. It can be co-signed by all of us who are willing to stand up and demand this action happen now.
or LITIGATION:
Retain legal counsel to draft communications expressing the intent of the ownership to take action (suing HP & the individual board members for negligence in reporting the fraud and non-investment of available funds, *possibly other issues that can be documented).
Two independent referrals from high caliber industry experts have directed Makaha Surfside to retain [redacted / please email mssowners@gmail.com for more information].
THANK YOU FOR YOUR TIME.
PLEASE THINK ABOUT THIS - DEFINE IN SIMPLE CONSCIE TERMS WHAT YOU WANT TO SEE HAPPEN *if it is not captured here and how would you see it resolved. Please email mssowners@gmail.com - YOUR VOICE IS VALUED HERE, YOUR FEEDBACK WILL BE SHARED ANONYMOUSLY.
FOR IMMEDIATE RELEASE
Makaha O'ahu - October 26, 2023
Makaha Surfside Owners Battle Against Systemic Mismanagement
In a powerful show of unity, the Makaha Surfside ownership has banded together to confront the ongoing issue of financial mismanagement that has plagued the property's association. Recent shocking revelations of embezzlement have prompted a concerted effort from owners to seek transparency and accountability from the board members and the management company.
The concerns raised are well-documented in the online comments section of the recent Civil Beat article that publicized the embezzlement of over $339K from Surfside's managed funds.
Newly elected directors, Treasurer Jess Herzog and Secretary Michelle Kerklo, have emerged as strong advocates for board transparency and accountability. Their commitment and diligent efforts to bring about positive changes have garnered support from owners during public board meetings.
"This goes beyond mere errors. We've uncovered a troubling pattern of negligence and abuse of power within our community," emphasized a concerned owner.
Unfortunately, this sentiment is not isolated, as evidenced by a wave of recent articles emerging in Hawai’i and across the nation, shedding light on similar issues within condo boards and management companies.
At the core of the Surfside call to action are alarming reports of financial irregularities, coupled with allegations of internal collusion, multiple violations of HRS 514B, disregard for ethical practices, and manipulation of the voting process. The Surfside owners are demanding accountability for those responsible for the association's financial losses, which encompass unwarranted penalties, tax liabilities, legal fees, and lost interest income.
The owners reached a tipping point when the board members listed in the petition hastily appointed a new management company in a contentious 4:3 vote. Despite objections from concerned homeowners, the slim board majority disregarded alternative proposals put forth by the Treasurer and favored by the owners.
The call for accountability is not an impulsive act of retribution but a necessary step to safeguard Makaha Surfside owners from further questionable and costly decisions. President Briece's claims of the past board's innocence seem hollow in light of their dismissive approach to the financial concerns raised by owners over the years.
With complaints spanning a significant period, the petition focuses on the resignations of four current directors: President Pam Briece, Vice President Kyaw Hla, former Treasurer James Hopkins, and former Secretary Steve Turner. Additionally, the proactive owners continue to push for the restitution of damages suffered by the AOAO, underscoring the urgent need for transparency and a comprehensive investigation.
This group of concerned owners urges the broader community to recognize that their plight is not an isolated incident but a systemic problem affecting the entire state of Hawai'i and the nation. The pervasive manipulation of association property rights by omnipotent management companies and self-elected boards must be addressed at the legislative level.
In light of the increasing number of complaints, owners, both past and present, are encouraged to document their unfavorable experiences at Surfside in writing. Recognizing the significance of each account, an exclusive email address, mssowners@gmail.com, has been set up to ensure the confidentiality of all submissions until legal representation can be secured.
#Justice4Surfside
Contact: Makaha Surfside Owners - United in Pursuit of Justice mssowners@gmail.com
Petition link: www.jotform.com/form/232885387028164
Support the call for condo law reform: Kokua Council kokuacouncil.blogspot.com/
Attend CONDORAMA XI on November 18, 2023 cca.hawaii.gov/reb/condorama/
Reference: Civil Beat "This Waianae Condo Development Has Lost Hundreds Of Thousands Of Dollars To Embezzlement" by Ian Lind www.civilbeat.org/2023/10/this-waianae-condo-development-has-lost-hundreds-of-thousands-of-dollars-to-embezzlement/
Here is the document that was the foundation for some of the petition.
Urgent Call To Action:
Demand Accountability & Transparency from The Board!
In referencing Hawaii State law, through the Condominium Property Acts...
Hawaii Revised Statutes Chapters 514A and 514B, provides for a number of rights for owners of condominium units.
These rights are balanced with several major responsibilities tied to this form of real property ownership.
Referencing:
THE ASSOCIATION - The Basic Structure and Operation
Citing in Chapters 514A and 514B form of the legal basis for the "mini-government" of homeowners that was created, for these documents to be used to establish the framework for the operation of our association.
Most associations delegate their powers for the day-to-day operation of the association to a board of directors.
Our association here at Makaha Surfside delegated our powers for the day to day operations of our association to a board of directors/s.
You ….OUR BOARD OF DIRECTORS, as voting members of the association and as responsible beings in our share of the common expenses of the association here at Makaha Surfside Condominiums.
We as members, our share is determined by the percentage ownership of the common elements stated in THE DECLARATION (THE PERCENTAGE OF "COMMON INTEREST")
We as owners (including lessees under recorded leases) that are association members, and that as association members, We stand united together.
All as owners and association members as according to Hawaii State Legislature Hawaii Revised Statutes §514B-3, §514B-95, §514B-107(a)). We cite referencing section C of The Hawaii Revised Statutes according to Hawaii State legislature…
Our association is governed by a board of directors that were elected by unit owners, (including lessees under recorded leases) as they are association members as well.
As according to Hawaii State Legislature Hawaii Revised Statutes §514B-3, §514B-95, §514B-107(a)).
Our association is governed by you board of directors that were elected at one time to Represent in governing and managing our condominium property, and money, Our investment as a whole, here, at Makaha Surfside.
As The Condominium Property Act provides That EVERY DIRECTOR OWE THE ASSOCIATION, US OWNERS A "FIDUCIARY DUTY" IN THE PERFORMANCE OF THE DIRECTOR'S RESPONSIBILITIES.
To exercise the degree of care and loyalty required of an officer or director of a nonprofit corporation Hawaii State legislature Hawaii Revised Statutes (§514B-106(a)).
We as Makaha Surfside condo owners, as association members find that various board of directors DID NOT AND DO NOT UPHOLD FIDUCIARY DUTY in their performance & responsibilities as directors.
We owners and association members here at Makaha Surfside find these said board of directors DID NOT UPHOLD AND DO NOT UPHOLD their LEGAL RESPONSIBILITY to act solely in the best interest of The Association Members as the condo owners of Makaha Surfside (including lessees under recorded leases) as they are association members as well as according to Hawaii State Legislature Hawaii Revised Statutes §514B-3, §514B-95, §514B-107(a).
We feel they may have violated state condominium laws… as… being the ones trusted as the ones who manages collectively our Makaha Surfside condo owners / Association members’ money and Property.
As, according to the Oxford dictionary, FIDUCIARY is defined as Trusting someone who manages money or property for someone else.
As they are a being or a group of beings with a FIDUCIARY DUTY A legal responsibility to be trusted as one who manages collectively, US, collectively as Makaha Surfside condo owners/ Association members’ money and property.
Upholding a legal obligation, responsibility and moral obligation, A commitment and allegiance, A level of loyalty, faithfulness and respect.
As we feel These four board members DID NOT UPHOLD their LEGAL RESPONSIBILITY from a sense of moral obligation, Rather For obligations not serving nor benefitting Makaha Surfside condo owners/ Association Members and The Makaha Surfside Corporation.
We feel that these board members listed have not contributed to show their legal obligation to maintain trust in continuing to have the legal responsibility and moral responsibility of managing our money and our property.
OUR INVESTMENT AS A COLLECTIVE.
When situations arose these members did not display and execute the confidence, trust, and reliance as ones’ being trusted to act in the best interest of Makaha Surfside condo owners / Association members and The Makaha Surfside Corporation altogether.
We feel that The AOAO BOARD OF DIRECTORS MEMBERS listed have taken their own judgment and advice of themselves AGAINST even their own fellow board members as well as, us condo owners / Association members who stand united here today.
As AOAO/BOARD OF DIRECTORS MEMBERS listed, Probably even took the judgment and advice of the Esquires or established attorneys to represent and or protect the board of directors that look out for their best interest and NOT our best interest together as a whole.
There has been no showing of loyalty and commitment to Makaha Surfside condo owners /Association members and the Makaha Surfside Corporation. Their loyalty, commitment, faithfulness, trust, legal and moral obligation to us could not be seen...It cannot be seen.
It has not been seen nor executed in any kind of a way that we can say was in total support of us together as one whole here within our Makaha Surfside community.
It is their legal obligation and responsibility and their duty collectively to UPHOLD THE LAW!
Your information will be kept confidential until the petition is ready for delivery with 25% ownership participation.
Please feel free to share this far & wide to ensure justice for us all at Surfside!
Mahalo,
MSS Owners for Change
#Justice4Surfside UPDATE October 30, 2023
Aloha Surfside Owners for Justice,
After this weekend's meeting many owners want action, they are upset, they see the board ignoring the owners & denying accountability for financial losses yet to be rectified. Here are some thoughts based on research of the situation in Hawaii and past efforts by owners to face the same corruption we face today.
LEGAL REPRESENTATION:
This is for informational purposes only, it is not a suggestion nor call to action, but rather a step in educating us as owners so we can make the best use of our time and finances.
Forming a collective of individual owners to hire an attorney and sue a board of directors for mismanagement of the association involves several crucial steps. Here is a general guide on how this process can be initiated:
Collective Agreement: Ensure that a significant number of individual owners are interested in pursuing legal action against the board of directors. It's essential to have a consensus among the group on the course of action and to establish a clear understanding of the objectives and desired outcomes.
Leadership and Communication: Appoint a group representative or establish a leadership team responsible for coordinating efforts, communicating with the owners, and managing the legal proceedings. Clear and effective communication within the group is vital to maintain unity and focus.
Legal Consultation: Seek consultation from a specialized attorney with experience in real estate or association law. A legal professional can provide guidance on the viability of the case, the legal options available, the potential costs involved, and the steps required to initiate legal action against the board of directors.
Documentation and Evidence: Gather all relevant documents, such as association bylaws, meeting minutes, financial statements, and any other records that demonstrate the board's mismanagement. Compile a comprehensive dossier of evidence that supports the claims of mismanagement or any other legal violations by the board.
Financial Planning: Develop a financial plan to cover the costs associated with hiring an attorney and pursuing legal action. This may involve assessing the financial contributions that each member of the collective is willing to make to fund the legal representation and related expenses. Consider volunteer time to the effort from those with fewer liquid assets.
Legal Representation and Lawsuit Filing: Upon selecting a suitable attorney, the group representative or leadership team should work closely with the legal counsel to draft a formal complaint outlining the allegations of mismanagement. The attorney will file the lawsuit *likely to be sent to mediation on behalf of the collective, initiating the legal proceedings against the board of directors.
Court Proceedings and Resolution: Actively participate in the legal process and follow the guidance of the legal representative during the court proceedings. Maintain open communication with the attorney and regularly update the group members on the progress of the case. Be prepared for potential negotiations, settlements, or court hearings as the lawsuit progresses.
Remember that legal procedures can be complex and time-consuming, so it's crucial to remain patient, dedicated, and persistent throughout the entire process. It is advisable to follow the advice of the attorney and adhere to all legal requirements to maximize the chances of a successful outcome.
OTHER NEWS
PETITION CHANGES:
After recent information was shared with this group, a portion of the petition was updated to better reflect the primary grievances, which are financially based - not personal. The first point of the petition now draws attention to the misuse of legal counsel and lack of movement to recover damages for the contract breach and non-performance by Hawaiian Properties over the past 7 years. WE have paid them over $500,000.00 and should not let them keep all of it!
MANAGEMENT DAMAGES:
Secretary Kerklo has worked on an estimation that projected over $275,000.00 in restitution from Hawaiian Properties. But the Board takes no action and continues to delay addressing the issue. Repeatedly claiming "we have been made whole". That is a false claim as were their accusations that the Treasurer "cost the association interest income". The board promised the owners that the funds would go into an FDIC insured account and twice HP delivered accounts for review that did not meet that standard. The Board took no action after the Treasurer requested the information on the insured sweep account and it was not supplied by the HP representative in a timely manner.
LEGAL CHALLENGES for OWNERS:
Here is a paraphrased response from someone well experienced with the corruption and plight of AOAO members in Hawaii when asked what are our next steps:
1. Clarify the pursued objectives and intentions of the group.
2. Consider the involvement of the Honolulu Police Department (HPD) and/or the Federal Bureau of Investigation (FBI) in light of the public attention garnered by the theft.
3. Note that civil actions often undergo mediation by the presiding judge, with serious concerns about the fairness and neutrality of these proceedings, as shared by colleagues.
4. Recognize the flaws within the justice system and express agreement with the preference for an out-of-court resolution, if viable.
5. Exercise caution when selecting legal counsel, avoiding those associated with the condo trade industry, and approaching the matter with prudence.
"As for attorneys, I'm sorry, I do not recommend any, but if I know that an attorney is a member of the condo trade industry, I do caution the owner who inquires. I have not heard anything negative or positive about the firm or attorneys you mentioned" [redacted]
ACTION STEPS:
AFFIRM OUR OBJECTIVES:
"Recover funds from Hawaiian Properties for contract breach, nonperformance and interest income that was lost over the past 7 years due to HP's negligence, considered consequential damages."
DO YOU AGREE? If so we can draft our own letter to the board of directors NOW.
DEMAND LETTER FROM OWNERS:
Formally request the President call a Special Meeting (suggest a date & time) to hear the Secretary and Director Herzog's rationale for losses owed and appoint an attorney for the Association to take immediate action against Hawaiian Properties. It can be co-signed by all of us who are willing to stand up and demand this action happen now.
or LITIGATION:
Retain legal counsel to draft communications expressing the intent of the ownership to take action (suing HP & the individual board members for negligence in reporting the fraud and non-investment of available funds, *possibly other issues that can be documented).
Two independent referrals from high caliber industry experts have directed Makaha Surfside to retain [redacted / please email mssowners@gmail.com for more information].
THANK YOU FOR YOUR TIME.
PLEASE THINK ABOUT THIS - DEFINE IN SIMPLE CONSCIE TERMS WHAT YOU WANT TO SEE HAPPEN *if it is not captured here and how would you see it resolved. Please email mssowners@gmail.com - YOUR VOICE IS VALUED HERE, YOUR FEEDBACK WILL BE SHARED ANONYMOUSLY.
FOR IMMEDIATE RELEASE
Makaha O'ahu - October 26, 2023
Makaha Surfside Owners Battle Against Systemic Mismanagement
In a powerful show of unity, the Makaha Surfside ownership has banded together to confront the ongoing issue of financial mismanagement that has plagued the property's association. Recent shocking revelations of embezzlement have prompted a concerted effort from owners to seek transparency and accountability from the board members and the management company.
The concerns raised are well-documented in the online comments section of the recent Civil Beat article that publicized the embezzlement of over $339K from Surfside's managed funds.
Newly elected directors, Treasurer Jess Herzog and Secretary Michelle Kerklo, have emerged as strong advocates for board transparency and accountability. Their commitment and diligent efforts to bring about positive changes have garnered support from owners during public board meetings.
"This goes beyond mere errors. We've uncovered a troubling pattern of negligence and abuse of power within our community," emphasized a concerned owner.
Unfortunately, this sentiment is not isolated, as evidenced by a wave of recent articles emerging in Hawai’i and across the nation, shedding light on similar issues within condo boards and management companies.
At the core of the Surfside call to action are alarming reports of financial irregularities, coupled with allegations of internal collusion, multiple violations of HRS 514B, disregard for ethical practices, and manipulation of the voting process. The Surfside owners are demanding accountability for those responsible for the association's financial losses, which encompass unwarranted penalties, tax liabilities, legal fees, and lost interest income.
The owners reached a tipping point when the board members listed in the petition hastily appointed a new management company in a contentious 4:3 vote. Despite objections from concerned homeowners, the slim board majority disregarded alternative proposals put forth by the Treasurer and favored by the owners.
The call for accountability is not an impulsive act of retribution but a necessary step to safeguard Makaha Surfside owners from further questionable and costly decisions. President Briece's claims of the past board's innocence seem hollow in light of their dismissive approach to the financial concerns raised by owners over the years.
With complaints spanning a significant period, the petition focuses on the resignations of four current directors: President Pam Briece, Vice President Kyaw Hla, former Treasurer James Hopkins, and former Secretary Steve Turner. Additionally, the proactive owners continue to push for the restitution of damages suffered by the AOAO, underscoring the urgent need for transparency and a comprehensive investigation.
This group of concerned owners urges the broader community to recognize that their plight is not an isolated incident but a systemic problem affecting the entire state of Hawai'i and the nation. The pervasive manipulation of association property rights by omnipotent management companies and self-elected boards must be addressed at the legislative level.
In light of the increasing number of complaints, owners, both past and present, are encouraged to document their unfavorable experiences at Surfside in writing. Recognizing the significance of each account, an exclusive email address, mssowners@gmail.com, has been set up to ensure the confidentiality of all submissions until legal representation can be secured.
#Justice4Surfside
Contact: Makaha Surfside Owners - United in Pursuit of Justice mssowners@gmail.com
Petition link: www.jotform.com/form/232885387028164
Support the call for condo law reform: Kokua Council kokuacouncil.blogspot.com/
Attend CONDORAMA XI on November 18, 2023 cca.hawaii.gov/reb/condorama/
Reference: Civil Beat "This Waianae Condo Development Has Lost Hundreds Of Thousands Of Dollars To Embezzlement" by Ian Lind www.civilbeat.org/2023/10/this-waianae-condo-development-has-lost-hundreds-of-thousands-of-dollars-to-embezzlement/
Here is the document that was the foundation for some of the petition.
Urgent Call To Action:
Demand Accountability & Transparency from The Board!
In referencing Hawaii State law, through the Condominium Property Acts...
Hawaii Revised Statutes Chapters 514A and 514B, provides for a number of rights for owners of condominium units.
These rights are balanced with several major responsibilities tied to this form of real property ownership.
Referencing:
THE ASSOCIATION - The Basic Structure and Operation
Citing in Chapters 514A and 514B form of the legal basis for the "mini-government" of homeowners that was created, for these documents to be used to establish the framework for the operation of our association.
Most associations delegate their powers for the day-to-day operation of the association to a board of directors.
Our association here at Makaha Surfside delegated our powers for the day to day operations of our association to a board of directors/s.
You ….OUR BOARD OF DIRECTORS, as voting members of the association and as responsible beings in our share of the common expenses of the association here at Makaha Surfside Condominiums.
We as members, our share is determined by the percentage ownership of the common elements stated in THE DECLARATION (THE PERCENTAGE OF "COMMON INTEREST")
We as owners (including lessees under recorded leases) that are association members, and that as association members, We stand united together.
All as owners and association members as according to Hawaii State Legislature Hawaii Revised Statutes §514B-3, §514B-95, §514B-107(a)). We cite referencing section C of The Hawaii Revised Statutes according to Hawaii State legislature…
Our association is governed by a board of directors that were elected by unit owners, (including lessees under recorded leases) as they are association members as well.
As according to Hawaii State Legislature Hawaii Revised Statutes §514B-3, §514B-95, §514B-107(a)).
Our association is governed by you board of directors that were elected at one time to Represent in governing and managing our condominium property, and money, Our investment as a whole, here, at Makaha Surfside.
As The Condominium Property Act provides That EVERY DIRECTOR OWE THE ASSOCIATION, US OWNERS A "FIDUCIARY DUTY" IN THE PERFORMANCE OF THE DIRECTOR'S RESPONSIBILITIES.
To exercise the degree of care and loyalty required of an officer or director of a nonprofit corporation Hawaii State legislature Hawaii Revised Statutes (§514B-106(a)).
We as Makaha Surfside condo owners, as association members find that various board of directors DID NOT AND DO NOT UPHOLD FIDUCIARY DUTY in their performance & responsibilities as directors.
We owners and association members here at Makaha Surfside find these said board of directors DID NOT UPHOLD AND DO NOT UPHOLD their LEGAL RESPONSIBILITY to act solely in the best interest of The Association Members as the condo owners of Makaha Surfside (including lessees under recorded leases) as they are association members as well as according to Hawaii State Legislature Hawaii Revised Statutes §514B-3, §514B-95, §514B-107(a).
We feel they may have violated state condominium laws… as… being the ones trusted as the ones who manages collectively our Makaha Surfside condo owners / Association members’ money and Property.
As, according to the Oxford dictionary, FIDUCIARY is defined as Trusting someone who manages money or property for someone else.
As they are a being or a group of beings with a FIDUCIARY DUTY A legal responsibility to be trusted as one who manages collectively, US, collectively as Makaha Surfside condo owners/ Association members’ money and property.
Upholding a legal obligation, responsibility and moral obligation, A commitment and allegiance, A level of loyalty, faithfulness and respect.
As we feel These four board members DID NOT UPHOLD their LEGAL RESPONSIBILITY from a sense of moral obligation, Rather For obligations not serving nor benefitting Makaha Surfside condo owners/ Association Members and The Makaha Surfside Corporation.
We feel that these board members listed have not contributed to show their legal obligation to maintain trust in continuing to have the legal responsibility and moral responsibility of managing our money and our property.
OUR INVESTMENT AS A COLLECTIVE.
When situations arose these members did not display and execute the confidence, trust, and reliance as ones’ being trusted to act in the best interest of Makaha Surfside condo owners / Association members and The Makaha Surfside Corporation altogether.
We feel that The AOAO BOARD OF DIRECTORS MEMBERS listed have taken their own judgment and advice of themselves AGAINST even their own fellow board members as well as, us condo owners / Association members who stand united here today.
As AOAO/BOARD OF DIRECTORS MEMBERS listed, Probably even took the judgment and advice of the Esquires or established attorneys to represent and or protect the board of directors that look out for their best interest and NOT our best interest together as a whole.
There has been no showing of loyalty and commitment to Makaha Surfside condo owners /Association members and the Makaha Surfside Corporation. Their loyalty, commitment, faithfulness, trust, legal and moral obligation to us could not be seen...It cannot be seen.
It has not been seen nor executed in any kind of a way that we can say was in total support of us together as one whole here within our Makaha Surfside community.
It is their legal obligation and responsibility and their duty collectively to UPHOLD THE LAW!
