Concerned Owners of Liliuokalani Gardens

Aloha Fellow Liliuokalani Garden Owners, 3/30/2019

 

First of all, Mahalo everyone for your continued support at this time of important transitions! We would like to share another owner's comment. 

 

"...I hope all owners will consider what they can contribute and do to help the new board.  It's a great deal of responsibility to keep our property well taken care of and we all have a fair voice (and responsibility) in the process now, so don't waste it and I encourage everyone to be supportive and constructive with this great group of volunteers and the new board who fought for all of us. "

 

As a friendly reminder...there is no need to pay the special assessment due 4/1.  For those owners who are using the old coupon book, you can cross off your special assessment amount and pay only the April maintenance fee (and lease rent if applicable) . For further clarification, please contact Lynn Uenco, Hawaiiana Management at lynnu@hmcmgt.com directly.

 

Please also note that our board did NOT just defer the special assessment to 8/1;  our board is working through expeditiously in order to fairly re-assess the projects in a most prudent manner.  Rigorously investigating and properly evaluating the necessity and validity of the special assessment requires Due Diligence which takes some time to complete.  

 

High Priority Items:

 

1) Reserve study review and validation followed by assessment re-evaluation.  Our board has met with Armstrong Consulting.  Future meetings are planned to determine the basis for each reserve item cost, condition and remaining life.  Additionally, maintenance or replacement quotes from expert vendors and specialists.

 

2) Review of $1.83 Million elevator modernization contract ($460K down payment already paid 12/28/18) signed 11/15/18 (by the previous board) and the concurrent elevator consultant contract.  Our board has met with the elevator consultant, ECS, and Heide & Cook, the elevator vendor.  Future meetings are already planned to evaluate options.

 

3) Review of the $415K trash chutes replacement contract ($200K down payment already paid 1/31/19) signed 2/13/19 (by the previous board).  Our board has met with the Trash Chute vendor and have future meetings planned with them as well.

 

4) Acquire and review all current contracts that obligate the AOAO. 

 

5) Aquire and review all delinquency information from Hawaiiana and the collections attorneys and figure out why there is $112K in active owner delinquencies, $94K inactive owner delinquencies, and find how to reverse this problem.  We have two collection attorney firms,  Ekimoto and Morris for some accounts and Rickel Law firm in Michigan for others.

 

6) Acquire and review all lease rent funds records and figure out why more went out in 2018 than came in. 

 

7) Get an immediate handle on the extreme spending going on ($500K in maintenance and repairs in November & December - by the former Resident Manager report.)

 

8) Resolve the penthouse leaks (windows, roof, lanai door enclosures) which are years overdue to be fixed so we can stop the unacceptable water intrusion into owner units and stop pouring money into half answer fixes.

 

9) Attack and end the problem with rodents in the building and prevent future intrusion into residents units.

 

10) Conduct a replacement resident manager search. The most-qualified candidate needs to have strong conflict resolutions skills, honesty, integrity at a reasonable and competitive salary.

 

Our board members' dedications and hard work are invaluable and we ask your patience as they work toward a resolution.

 

Mahalo & have a wonderful weekend!


John and Kazuko Franklin on behalf of COLGW Volunteer Group  

3/2/2019

Aloha Liliuokalani Gardens Owners,

 

Our new board of directors, Steven Vannatta, Michael Polesky, Vladimir Crnjak, Neil Bates and Scott Swartz have been working diligently and non-stop since the successful recall! 

 

Special Assessment Due?

Please be informed that there was a special meeting held on 2/28, the first payment of the special assessment has been deferred from April 1st to August 1st!   

 

They need realistic time to obtain and examine all the contracts and documentations with specialists in order to fairly re-assess the projects in a prudent manner.  As such, we do not have an estimate yet, but rest assured that they are taking the right steps for re-assessment and planning the true priorities for our building and the Ohana community.

 

What Can We Do To Conduct Fair and Productive Board Meetings?

The board has made a decision to retain the most respected parliamentarian in Hawaii to guide us in this important process going forward.  

It is great that our new board values fair decision making processes for owners with greater transparency!

 

Where Should I Direct My Concerns?

Since this email account is unofficial and handled by the COLGW volunteer group, it will be best to email your concerns to Lynn Uyenco, the assigned temporary management executive. 

 

Lynn will ensure that any messages sent directly from the owners are formally addressed to the new board. Please also CC us when you email them or forward a copy of the email to us later.  We do hope that your issues get reviewed and resolved in a timely manner and believe that open communication is the key to building a better well-informed community. 

 

To: Board of Directors, Liliuokalani Gardens at Waikiki

c/o Hawaiiana Management, Attention: Lynn Uyenco

Email Address:   lynnu@hmcmgt.com

Aloha Liliuokalani Gardens Owners, 2/13/2019

 

By a civilly conducted and fair election, we successfully removed the board and elected all of our candidates tonight! 

 

Thank you so much for your incredible support.  We could not have done it without any of you!

 

Please continue to help the new board of directors as we all have a lot of work ahead! We are so excited to make improvements to our beautiful home and make our community better than ever.

 

Mahalo,

 

Steven Vannatta, Vladimir Crnjak, Michael Polesky, Neil Bates, Scott Swartz and the rest of COLGW Team

2/12/2019  As of Monday 2/11 we have turned in the necessary proxies to recall the board on Wednesday 2/13 at the Owners Special Meeting.  Registration begins at 430pm and the meeting starts at 530pm.  COLGW thanks you for all your support and continued efforts to continue to carry out our mission statement going on into the future. Stay tuned for an update and email following the meeting.  Mahalo

Todays email to all Concerned Owners!

1/6/2019

Aloha Liliuokalani Gardens Owners,

 

Our group of over 170 concerned owners has successfully petitioned our board of directors for a special meeting to recall and replace the entire current board.  You will see the attached letter from Hawaiiana in the mail today, or early next week - setting the meeting date for February 13, 2019.


PLEASE DO NOT SEND ANYTHING BACK TO HAWAIIANA OR TO OTHER OWNER ASKING FOR YOUR PROXY:  

 

WE WILL SEND YOU OUR LETTER WITH MORE INFORMATION AND OUR PROXY TO BE SIGNED BY YOU AND RETURNED DIRECTLY TO US!

 

We know that this has been a very trying time for many owners…. We anticipate there may be problems with future confusing/scare tactics, such as: 

 

1) Some owners have reminded us of a very misleading owner’s letter regarding a previous board election

2) Last week, we had an anonymous distribution of a vague magazine article citing plumbing issues in construction during the 60’s & 70’s,  thus mainly irrelevant to our buildings’ 1979 building codes. 

 

Watch out for this and other possible scare tactics over the next few weeks leading up to the special meeting.  

Please don’t be misled – check our website and don’t hesitate to contact us if you have any questions.

 

Stay tuned! We will be in touch shortly.

 

Mahalo for your continued support!

 

 

 

Steven Vannatta, Scott Swartz, Michael Polesky, Vladimir Crnjak, Neil Bates, John and Kazuko Franklin and the rest of COLGW Team

12/24/2018 Petition to Recall The Board was delivered and signed for and by received a Hawaiiana Management Company Representative.  Thank you for all your support and we are looking forward to a Happy New Year.  Update email to follow after Christmas.  Aloha & Mele Kalikimaka!

FAQ Email was sent out Dec 5th -Frequently Asked Questions 

December 5, 2018

 

Who is COLGW?

The Concerned Owners of Liliuokalani Gardens Waikiki (COLGW) is a group of hard-working Liliuokalani Gardens condo owners with various professional backgrounds, who are concerned about the process in which the recent $11M special assessment has been handled. We are owners just like you!

 

We currently represent more than 160 other owners, with more joining every week.  Our core team includes; Neil Bates (Real Estate Management & 25 year board member of other condo associations), Steven Vannatta (State of Hawaii/Dept. of Education & 20+ year board member of state advisory boards, etc.), Scott Swartz (Self-employed/Business Owner Oahu), Michael Polesky (Pearl Harbor Naval Shipyard), John Franklin (IT & Financial Services), Kazuko Franklin (Real Estate Management & Owner Relations), and many other owners who desire to do what is best for our community.

 

In replacing the current board members, who are the owners we propose to entrust with planning and prioritizing our needed repairs most appropriately?

We believe the owners listed below will do a great job, and we are currently vetting another two highly qualified candidates!

  • Steven Vannatta - more than 20 years’ experience serving on state advisory boards, family-serving boards and church boards, and has also been involved numerous federal/state partnerships

  • Michael Polesky - extensive background in preventive maintenance and is looking to work with current staff to protect our major mechanical assets (elevators/diesel generators)

 

We will post a document soon detailing their backgrounds and experience…  other owners have also expressed interest in being on the board, and we would love to hear from you too!

 

How will COLGW plan and prioritize the needed repairs?

  • obtain precise scientific evidence and Engineering Studies, to determine our priorities and timelines

  • outreach with surveys to all owners, valuing their input for open communications and transparency

  • ensure accurate and unbiased cost estimates for any necessary work

  • manage our spending carefully and collect funds only when needed

 

We DO NOT wish to oppose or ignore any truly needed repairs.  Our approach is to PRIORITIZE AND MAKE APPROPRIATE CHANGES TO IMPROVE OUR PROPERTY VALUES AND QUALITY OF LIFE FOR EVERYONE.  We propose to do this without subjecting anyone to unnecessary financial burden or potential loss of their home, as many have expressed serious concerns about this in the current situation.

 

Is it too late to stop the $11M special assessment?

It’s NOT too late!  We have an excellent opportunity to remove our current board, reverse the assessment with a new board (our by-laws outline this process) and start implementing efficient changes and improvements.  

 

How will the current AOAO board be removed?

The Liliuokalani Gardens Bylaws state that the board can be removed by a 51% majority of ‘fractional ownership’ (determined by owners’ total square footage).  We are getting closer to that goal every day, and with your help we can make the right changes in 2019!

 

I’m afraid of retaliation if I go against the current AOAO board.  What can I do?

This is our home and we all want a safe and comfortable living environment. It is our right to take action for the best outcome, and it is against the law to retaliate against any home owner for voicing their opinions.

[§514B-191] Retaliation prohibited. (a) An association, board, managing agent, resident manager, unit owner, or any person acting on behalf of an association or a unit owner shall not retaliate against a unit owner, board member, managing agent, resident manager, or association employee who, through a lawful action done in an effort to address, prevent, or stop a violation of this chapter or governing documents of the association.

https://law.justia.com/codes/hawaii/2017/title-28/chapter-514b/section-514b-191/

 

What is the difference between the petition I signed and the proxy? What is the process?

 

  1. The petition is needed to call a special meeting, with the purpose to remove the current AOAO board members.  Please email us at savelilinow@gmail.com and we will happily assist you with the petition and any other relevant information and/or questions.

 

If you have already sent in your signed petition, thank you very much for your support!  Please keep in touch with us to stay informed regarding the next steps in our process. 

 

  1. Although only 25% of ‘fractional ownership’ is required for submission of a petition calling for a special meeting, we are hoping to first acquire a 51% ‘fractional ownership’ majority of petition signers. We prefer to do this as then we will be assured success in recalling the board according to the process specifically outlined in our by-laws.

 

  1. Please attend the upcoming special meeting, which will follow once we finalize step 2) above. If you cannot be there in person, your proxy can be used to assign another owner to vote on your behalf.    

            Our group has designated Steven Vannatta, Michael Polesky to fulfill these roles.

 

 

Getting a majority of votes for our candidates is extremely important and we will contact you soon with instructions regarding this process.

 

 

 

 

 

Thank you so much for your support and we look forward to hearing from you!

 

Mahalo Nui Loa,

 

 

Steven Vannatta, Michael Polesky, Scott Swartz and the rest of the COLGW Team

 

11/19/2018

Aloha Liliuokalani Gardens Owners,

 

Quick update on our shared progress!

 

2nd round of mail-outs were sent out last week, we are trying to reach out to all owners.  More signed petitions are coming in by email, fax or mail every day!  

 

Please know that this process takes time because approximately 2/3 of the owners are non-residents.  We would like to have well over 50%.  Although the results are not guaranteed, we are doing very well and it is definitely worth trying our best!

 

We are targeting to have more than enough back by mid-December, and request a special meeting in January for the removal of the board and to elect successors. Every petition counts and your support is needed!

 

How can you help now?

 

Please talk with your neighbors and help them to fill out and sign the attached petition if they have not done so already.  If you need a hard copy, please let us know and we will be happy to provide.  

 

You may meet some owners who are supporting the current board, please show your Aloha spirit and respect their opinions.  Our goal is to stop this unnecessary $11M assessment through productive discussions and constructive planning and do what is best for our shared community.  

 

What is the next step after this petition?  PROXY!

 

The PROXY process is critical to our success and most important.  We will give you more details as soon as they are available, most likely by the end of December.

 

We have been busy responding to many owners with great questions, FAQ and more info to follow within the next couple of weeks.

 

Mahalo and Happy Thanksgiving!

 

 

10.27.2018  The long awaited mailer/petition & long letter  was mailed out to all owners Saturday.  A copy is also posted on this website under petition-letter on navigation bar.  You should receive them next week in the mail.  Urgency is crucial so please respond quickly and if you have any hesitations or questions reach out to us.  Many long hours went into this project and meetings with attorneys.  Thank you to everyone for your help and continued help in keeping this moving forward.  Many people are anxious and we realize this but we have to follow the step by step process according to the condo bylaws and state law. 

Mahalo Nui!

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10.24.2019 Concerned Owners of Liliuokalani Gardens, the petition has been posted under petition tab on navigation bar (word & pdf formats).  You will get will get the same petition in the mail along with more information.  You can however print and email back to us this one on the website or wait till it arrives in the mail. Aloha!

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Concerned Owners of Liliuokalani Gardens no meetings scheduled as of today 19 OCT 2018. However there is a new petition being drafted and will be sent out via USPS. Hopefully by next week. Will be asking owners again to sign this petition. 

The previous petition was not honored by Hawaiiana, per Hawaiiana, need 25% of the common interest, not 25% of the owners. Common interest means a two bedroom has more say than a 1 bedroom. Hopefully this can be changed.

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