Here is some interesting sample reading of advice our (the Ilikai AOAO that is) legal counsel, Milton Motooka, gives to Boards of Directors.
Milton Motooka, Ilikai AOAO legal counsel
This was published in the December 2005 Hawaii Community Associations newsletter - see pages 3, 8 and 9 there. In it, Milton Motooka talks about “Avoiding & Responding to Recall Petitions” and gives advice to Board Directors on how to deal with what he calls “dissident owners.” Among other things, Mr. Motooka explicitly advises (see page 3 of the attached document, item 4-d), “The board should be seated on a riser and there should be a podium from which the president can preside. It is a psychological benefit for the board to be seated on a riser.”
Gee whiz. What can one say.
P.S.: Here is something to think about: Milton Motooka was the Ilikai AOAO’s legal counsel at the time Forward One (the hotel owner prior to Anekona) sold 80 units to the Shell timeshare company. That is when we got timeshare here, which we now are trying to get off the premises. As we eventually learned, Forward One was in great hesitation about legitimacy of timeshare for the Ilikai. But they made A LOT of money by selling those units to Shell. They were planning that transaction for at least 8-9 months – apparently, with full knowledge of the Board of Directors and the AOAO legal counsel, Milton Motooka. Yet they kept this as top secret from the AOAO members, owners that is. Ilikai owners did not find out about this until AFTER the fact. Questions remain about the role Milton Motooka played at that time. Mr. Motooka is yet to come forward to explain himself. WE INVITE AND ENCOURAGE MR. MOTOOKA TO PROVIDE EXPLANATIONS.
By the way, Bill Moore and Lavonne West who are currently on the Board of Directors were on the Board at that time, and so was John Popovich who is now the AOAO manager. Bill Moore and Lavonne West are also now trying to get re-elected to the Board. Perhaps they could offer some explanations, too, as to what they were doing on the Board at the time Forward One brought Shell with their timeshare here and what makes them think they deserve to get re-elected to the Board. Also on the Board at that time was Frank Tokioka of the Tokioka Family (see my “Elephant in the room” posting for some information about the Tokioka Family). (One of the readers wrote to me, “With people like that on the Board, who needs enemies?!”)
P.S.: Readers have been commenting that the blog looks dull without pictures. Excellent feedback. Hence the picture.
As a reminder, here is what the Ilikai covenants (Declaration and Bylaws) say about permitted uses of Ilikai apartments:
- Pursuant to Section 7(a) of the Ilikai Declaration, “[t]he owner of each apartment within the building shall use such apartment only as living accommodations for hotel or apartment purposes” (emphasis added).
- Pursuant to Article VI Section 1(a) of the Ilikai By-Laws, “[t]he owner of each apartment within the building shall use such apartment only as living accommodations for hotel or apartment purposes” (emphasis added).
Timeshare is NOT one of the permitted uses!