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Concerns about appropriateness of some annual meeting arrangements

bjreichel

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Brian.... I am going to disagree, primarily on the basis that the Plan Manager is subject to control of the BoD, and the proper channel would be to report that action to the BoD.
 

bjreichel

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Eric- I meant this post to be in response to your post.

The State of Hawaii booklet entitled "Condominium Property Regimes: Owner Rights and Responsibilities," which I referenced in an earlier post, states (at page 32):

"Chapter 514B provides that every managing agent is a fiduciary with respect to the property the agent manages (514B-132(c)). As with board members, the fiduciary duty of the managing agent requires that the agent act with diligence, care, and skill, and make decisions in the best interests of the association."

I can't imagine that a court would interpret this duty to allow a managing agent to be willfully blind to malfeasance it knows to be occurring on the part of an association officer or director.[/QUOTE]
 

ecwinch

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The State of Hawaii booklet entitled "Condominium Property Regimes: Owner Rights and Responsibilities," which I referenced in an earlier post, states (at page 32):

"Chapter 514B provides that every managing agent is a fiduciary with respect to the property the agent manages (514B-132(c)). As with board members, the fiduciary duty of the managing agent requires that the agent act with diligence, care, and skill, and make decisions in the best interests of the association."

I can't imagine that a court would interpret this duty to allow a managing agent to be willfully blind to malfeasance it knows to be occurring on the part of an association officer or director.

Brian - lets not play the word twisting game. Or course a managing agent should not be willfully blind to malfeasance.

But there is a proper channel for making a report, in keeping with the reference that you cited that the agent act with a duty of care.

And even if you feel that the managing agent is obligated to report such a breach to the owners, why are they making such reports to only a select few owners? Is that how you first learned that Larry is alleged to have acted without the proper authority?
 

bjreichel

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Brian - lets not play the word twisting game. Or course a managing agent should not be willfully blind to malfeasance.

But there is a proper channel for making a report, in keeping with the reference that you cited that the agent act with a duty of care.

And even if you feel that the managing agent is obligated to report such a breach to the owners, why are they making such reports to only a select few owners?
I have no idea what policies and procedures are in place for anything, other than what is posted on the KBV owners community web page in the form of the Declaration, Bylaws and House Rules, or to whom reports are and are not being made. And therein lies the crux of a major problem plaguing the Association. I have asked direct questions about policies and procedures on this forum and received no answers. To say that I’m becoming increasingly frustrated with the lack of transparency and apparent willful disregard of Hawaii law and our governing documents by the people entrusted with ensuring obedience to our governing documents and Hawaii law is an understatement. Perhaps my time would be better served not as a board candidate, but rather leading an owners group class action at this point in time....
 
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