Hawaiian Shores Members out nearly $20,000.00?

WATCHDOG © 2012

Just when you thought you'd heard the end of the 2007-2008 'litigation' debacle...'the rest of the story' may lend itself to a sequel of unthinkable proportions!

Obviously, if you have followed this blog, you have noticed money being spent for this and that and most of it is on tangible improvements to the infrastructure long overdue! But, to just write a check for nearly $20,000.00 and hand it over to the attorney to be held in trust with NO value added to the majority of the Membership is questionable at least. And question we have!

If you haven't looked over fiscal year 2012's 1st quarter financials please do!  After the .pdf opens scroll to page 3 under 'Expenses' and look at the amount spent for "Legal Fees" line #520. 

When the Finance Committee Members met in April -- when these figures were first available -- questions were asked of the chair regarding the substantial amount. His response froze those seated in time as the reality of his answer reached deep into each of the minds. At the April monthly Board meeting right on the heels of the Finance meeting a member of the Finance committee queried the President regarding what appeared to be an over budget amount. The answer came with another shocking statement. To follow up for clarity, the same Finance Committee Member explored the comment made at the April Board meeting with direct questions to the Chair of the Board at the May monthly Board meeting. The answers to those questions astounded many in attendance who are aware of the legal decisions and the cases to which this $20,000.00 appears to have been applied. 

In April it was alleged to be an 'out of court settlement' relative to the former litigation. In May it was stated it is money paid into a trust with corporate counsel based on 'HRS Indemnification' issues and further, alleges a THREAT of litigation. 

In full disclosure, Watchdog was a party to the litigation and was part of a Board who deliberated over every single facet of the cases with as much allegiance to the Membership as a whole as could be mustered. Imagine: The check for the judgment was paid and cashed;  the court entered a judgment and satisfaction of judgment as agreed to by some of the very people who are now seeking remuneration! We all thought since the case is closed no more monies would be spent on that whole mess. 

STOP THE PRESSES! 

Let's hit reset for a moment. Let's ask a simple three letter question: WHY?

You will understand why you should ask when you follow the documents leading to the close of the court case. The following links take you to 4 documents you should read. These documents are public. These have been scanned from a hard copy here. Any Member can go to the Court and ask to see the files for case #'s 08-02-0027 and 08-01-0058 and while they are voluminous the entire case is there including the 'end' of it. For your convenience you can find the 4 documents most crucial to the finality of this case. 

1. Settlement agreement between all parties: http://hawaiianshorescommunity.com/images/Settlement_agreement_2009.pdf
2. Judge's award of Attorney Fees: http://hawaiianshorescommunity.com/images/Attorney_Fees.pdf
3. Judgment: http://hawaiianshorescommunity.com/images/Judgment.pdf
4. *Satisfaction of Judgment: http://hawaiianshorescommunity.com/images/Satisfaction_of_judgment.pdf 

You will find a brief explanation of discussions and the responses when some Members inquired about the "large sum" first quarter legal fees here:  http://hawaiianshorescommunity.com/information/why20k.html 

NOTE: * The Satisfaction of Judgment clearly spells out monies were paid and judgment was satisfied. It was signed by their attorney.

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After you have read the concluding documents you may want to know the same thing other Members want to know...

WHY?