IMPORTANT NOTICES and UPDATES March, 2022
Aloha Pualani Estates Owners,
Please be advised, there is misleading information being spread vigorously throughout the Community and though ‘freedom of speech’ is a right, spreading misinformation, rumors, false statements and publishing biased propaganda is not condoned by the Board nor appreciated by many members of the Community. The failures of some members to understand and/or accept the principles, rules and regulations that govern our “Association” as a non-profit corporation, its board and its membership, has led to confusion.
PROXY FORMS: One Is The “ASSOCIATION” PROXY… and the other IS NOT.
The proxy form included in the packet mailed by Hawaiiana Management Co. is the “Association” proxy authorized by the Association’s Board. Owners are encouraged to complete, sign and date this proxy, and return it using the self-addressed stamped envelope provided, or faxing to (808) 331-1743 or emailing to email@example.com.
IMPORTANT: Proxies must be received at Hawaiiana’s office no later than 4:30 PM on March 21, 2022.
You may have also received on your doorstep, as a handout or in the mail a copy-cat proxy form that includes an Owner’s printed name, and falsely purports to be an “Association” proxy. Please be advised, this proxy is not the Board approved proxy, and its contents with inaccurate information was not authorized by the Association’s Board. If you have mistaken this form to be the “Association” Proxy and you sent it in, you have the right to fill out, sign, date and submit the actual “Association” Proxy to replace the non-Association proxy. The Association’s Proxy has been included for your convenience.
ASSOCIATION COMMUNICATIONS NOTICE:
The email address firstname.lastname@example.org is not the official email address for Pualani Estates at Kona Community Association Board of Directors (The “PEKCA Board”). Any communications sent from that address are NOT BEING SENT ON BEHALF OF THE PEKCA BOARD. All communications to and from the PEKCA Board are through Hawaiiana Management Company’s staff emails or through the OWNERS PORTAL EMAIL:
WEBSITES: PualaniEstates.hmcmgt.com (our public website.)
PualaniEstates.Frontsteps.com (the Owners’ Portal website.)
Persons not authorized by the Board shall not use email addresses, letterhead or other communications which imply or represent that they are from the currently elected PEKCA BOARD, including, without limitation, the email address: email@example.com . The use of e-mail addresses or communications which tend to deceive or mislead property owners that communications are sent from the PEKCA Board, or are confusingly similar to that of the PEKCA Board, can be grounds for legal action under HRS 42lJ.
ARBITRATION and LITIGATION UPDATE: As of this date, Dee Ann Wunschel has refused to disclose the identity of the person(s) who provided her with your private email addresses (which she then used without the consent of most Association members). Before the Association filed suit, Ms. Wunschel was given ample opportunity to disclose the names of the persons and documents revealing the private email addresses of the Association members but she refused to cooperate, thus a case was filed.
Most of the Association’s legal fees and costs were incurred due to arbitration, mediation and ongoing litigation with Ms. Wunschel and her ongoing refusal to disclose the names of those who provided her with copies of your private email addresses and her current reluctance to engage in arbitration. The Circuit Court of the Third Circuit case is currently STAYED pending a determination of the Court whether or not to order Ms. Wunschel to engage in arbitration.
REMINDER: The Annual Meeting is scheduled for March 23, 2022 and is being held at the Royal Kona Resort, Alii Surf Room. Registration begins at 4:30 p.m.
Please send in your completed proxy (even if you plan to attend) to ensure the
required 40% membership quorum is reached, and the meeting and Board election can be conducted. Thank you for your participation and we look forward to seeing you at the Annual Meeting.
The Board of Directors
PUALANI ESTATES AT KONA COMMUNITY ASSOCIATION PROXY
Note: (Please check only one of the following boxes.
This proxy will be valid only for the above meeting and adjournments, may be revoked prior to its exercise, and shall be returned upon request if you attend the meeting and wish to vote in person. If you are not present at the meeting, this proxy designates your proxy holder as your substitute for any proxies assigned to you unless you designate another substitute in writing subsequent to this proxy. If this proxy is assigned to someone other than the board of directors and that person’s substitute fails to attend the meeting, this proxy shall revert to the board of directors to be cast solely for the purpose of establishing a quorum).
The undersigned, being the owner(s) of the lot number(s) shown below, does hereby constitute and appoint:
____The Board as a whole, to be voted on the basis of the preference of a majority of the Directors present at the meeting,
____The Directors present at the meeting and the vote to be shared with each board member receiving an equal percentage, or
The individual whose name is printed on the line next to this box.
as the undersigned’s attorney and agent, with full power of substitution, to act in the undersigned’s name, place, and stead, and to vote the undersigned’s proxy at the Annual Association meeting to be held on March 23, 2022 and at any and all adjournments thereof, for the transaction of any and all business that may properly come before the meeting, including the election or re-election of directors, according to the interest that the undersigned would be entitled to vote if then personally present, hereby revoking any proxy or proxies heretofore given, and ratifying and confirming all that said attorney and agent may do by virtue hereof, or
____For quorum purposes only.
In the event that a proxy is returned with no box or more than one of the boxes checked, the proxy shall be counted for quorum purposes only.
This proxy is valid only for the meeting cited above and any and all adjournments thereof. If I/we attend the meeting in person, I/we may request a
ballot to vote in person thereby voiding this proxy (if not previously exercised). Receipt of notice of said meeting is hereby acknowledged.
PRINTED NAME(S) OF OWNER(S) [REQUIRED BY LAW]:
SIGNATURE(S) OF OWNER(S) [REQUIRED BY LAW]
LOT NO(S) OR PROPERTY ADDRESS: [REQUIRED BY LAW]
DATE SIGNED: __________________________________________
[REQUIRED BY LAW] Do not postdate.
Sign and print your name as it appears in the Association’s records, and provide your unit or lot number(s) and the date. Persons signing in a representative capacity (personal representatives, executors, administrators, trustees, guardians, conservators, partners, members of a member-managed LLC, managers of a manager-managed LLC, and corporate officers) are to add their titles and to submit evidence of their authority to act in that capacity.
For this proxy to be valid, the proxy must be received by the Association’s Managing Agent or Secretary no later than 4:30 p.m., on March 21, 2022. Proxy may be faxed to (808) 331-1743 or emailed to firstname.lastname@example.org.
____IF NOT PROVIDED PRIOR TO OR TOGETHER WITH THE NOTICE OF MEETING, I WISH TO OBTAIN A COPY OF THE ANNUAL AUDIT REPORT IF ACCOMPLISHED.
Date Received ________________ by Managing Agent/Board Secretary
Is Living Stones Church building the road extension from N. Hoomama? Feb. 19, 2022
(This is an update to the information provided in early 2021 on the Owner Inquiry page of this website)
Aloha Pualani Estates Owners, July 27, 2021
Addressing Owner’s concerns related to the Community-wide Reviews, violation letters and the processes, while working from facts (not perceptions) has kept your newly elected Board of Directors quite busy since the April Board Meeting.
The work has included:
1. Conducting four Board Workshops with all seven Board Members, including one with our Hawaiiana executive and their manager.
2. Temporarily suspending monthly Community-Wide Reviews conducted by Hawaiiana.
3. Reviewing and evaluating current violations, are they justified?
4. Consideration of why a 3rd party is used and needed in the Community Wide Reviews.
5. Evaluating the Notice of Violation letters being sent, (are they “harassing”?).
6. Comparing violation #s from the past to current #s, (is there an increase?).
7. Carefully reviewing, updating and revising the following documents included in this mailing:
- CC&R Violation Procedure Policy
- Association Rules
- Notice of Violation and Fine Process
- Violation and Fine Appeal Process
You can access these updated documents through a link at the bottom of the CCR Resource page.
Our work and findings addressed and included:
1. A major complaint by some owners was that there were a lot of violation letters sent out in 2020 and that the letters were “harassing”. We requested samples of the Notice of Violation letters that were sent out. They were reviewed by all seven board members and were deemed not harassing at all.
2. Janet Cataldo, who had kept the Excel spreadsheets from her past term on the board, was able to compare statistics on the number of lots in violation in 2018 to 2020. Verification shows a decrease in 2020 compared to 2018. Thank you, Janet, for all the hours you put into this research!
3. The board members did a review of the CC&R and DRC violations by Hawaiiana. Three members drove around to see and compare violations to community standards. We took pictures and discussed what we found with all board members. We feel that the evidence is clear that the violations are appropriate.
4. Previous boards have used the “disinterested third party”, Hawaiiana, to do the community reviews and notices so that there was no favoritism shown. In follow-up to owners concerns,
we, as a group, reviewed the whole process. In doing this, we noted that most violators were either chronic violators or renters. And many of those lots have several violations at a time.
5. It was determined that continuing the Community Wide Reviews using our Management Company’s services is the best course of action with one change. The reviews will be done on a Quarterly basis, with a monthly follow-up review(s) on those on-going violations.
6. Because of fewer reviews, we encourage more community-wide self-regulation. That means, if an Owner has a complaint, we encourage neighbor-to-neighbor resolution. If that doesn’t work, then Owners may send their written complaint and pictures to Hawaiiana. They will be processed by Hawaiiana and reviewed by the Board of Directors prior to mailing a Notice of Violation letter.
7. Based on serious repetitive offenses, we have added two immediate fine related items to the Association Rules document and Notice of Violation and Fine Process. The first is a $500 fine for fireworks that was unanimously voted on two years ago. The second, due to residents not respecting their neighbors after nightly complaints, and with the suggestion of Hawaiiana management, we have initiated a $250 quiet time fine for excessive noise between 10 PM and 7AM.
8. No existing fines were increased through the Notice of Violation and Fine Process and the Board will be more involved in the review process prior to fines being assessed.
These enclosed, updated, revised and adopted procedures and policies supersede and replace the older versions of these documents. Please put these documents in a safe accessible location. If appropriate, please share with your tenants so that they do not incur any violations that you will be responsible for correcting.
Also included in this mailing is the PEK Owner Data Sheet. It is your responsibility to confirm that Hawaiiana has all this information. We cannot be held culpable if you do not receive eBlasts and letters with important information. Hawaiiana does protect Homeowner privacy and doesn’t share this information.
Don’t miss out on community news. To receive eBlasts with important information, register today for our Owners’ Website at OwnerEnrollment.HMCMGT.com. We would like to start sending our eBlasts via the website so there is no cost to the Association. You can also send an email to the board through that website, and we’re planning to add surveys as well for owner input.
Mahalo to our membership for caring and sharing, and continuing to keep Pualani Estates a nice place to live.
Your PEK Board of Directors,
Eileen Celeste, President Laurie Freeman, Vice-President Debbie Pardi, Secretary Sharly Ward, Treasurer Directors at Large: Janet Cataldo Ron Cole Michele Wauson
NOTICE – IMPORTANT INFORMATION
Fireworks in Residential areas are prohibited under State, County and Association rules and regulations. Due to the increasing number of violations and fireworks complaints in the past, the Board voted unanimously to invoke an automatic $500 fine against the Owner(s) when a violation is verified.
Owners may report, document with photos and/or videos and file a complaint with HMC.
Please Note: Owners are responsible for the actions of their tenants and guests. We encourage all Owners to be considerate of their neighbors and avoid causing harm to the Community.
Vandalism in the Flood Culvert- June 10, 2021
Aloha Pualani Estates Owners,
First, thank you for your support and participation in the 2021 Annual Meeting. Your new Board is faced with a couple of disturbing and serious issues we would like to address.
Through several complaints and questions from owners relating to correspondence emailed to you in February, March and now April by Pualani Estates Ohana email@example.com and questions relating to your email addresses being used without your consent, the Board wants you to know that:
- The Board as a whole did not release nor disclose your confidential and personal email information to anyone, at any time.
- Your private and confidential email information, held by Hawaiiana Management Co. is compiled strictly for Board/Association business and related communication use.
- The Board has contacted the Association’s attorney. This matter is being pursued and we will try our very best to get to the bottom of this issue.
- The Board sincerely apologies that this invasion of privacy and lack of good judgement by others has occurred.
- If you have a different or new email address and you would prefer to have on record with Hawaiiana, please contact Aleah Llanes at firstname.lastname@example.org .
We are seeking your help. If you have any information or know who leaked the email addresses please contact Matthew Gaskill, Managing Executive at Hawaiiana, 930-3218 or email@example.com. Your identity will remain confidential.
Additionally, the Board also wants you to know that:
- The ‘Pualani Estates Ohana’ and the PualaniPono website ARE NOT the official Association spokespeople, email address or affiliates for the Association, the Board, or the Management Company.
The Association’s website pualaniestatesatkona.com and pualaniestates.hmcmgt.com is the official website and is a free service through Hawaiiana Management Co. This website, which is managed by Board members, offers public information for the Community and an Owners Portal (after registering) to access the Community Documents, Board Minutes, Design Guidelines and other information. This is a new platform and new look for the Association website and information is still being added, so please bear with us in this process.
Complaints have also been received about the multiple times different owners came knocking on doors to solicit proxies, even after owners made it clear their proxy was either sent into the office, they were not interested or did not want to be bothered. The Board wants you to know:
- Harassment is not condoned in any manner and owners need to be respectful of their fellow neighbors.
- The Outreach Committee members were not part of the Proxy Drive this year, but had they been:
- Their protocol would have been to procure a quorum, not signed-over proxies,
- Each member signs a Code of Ethics, and
- Wears an ID badge when going only to those owners who ask for assistance or have not already sent in their proxy.
We will continue to address complaints and problems and appreciate your patience to allow us time to find answers and solutions.
Your Board of Directors