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Kokua Line
Question: The owners of our condominium voted against putting up a security fence. But the president of the board is going against the vote, saying surplus money can cover costs. But the condo is 25 years old and plumbing and electrical needs should be addressed first. Can the board be sued for violating the owners' vote on this issue? Try mediation first
for condo disputesAnswer: Call the state Real Estate Commission at 586-2644 and ask to speak to a condo specialist.
There are several factors that may be involved in the case, and it's difficult to give an answer without knowing the specifics, said Calvin Kimura, the commission's supervising executive officer.
He questioned whether the fence is a capital improvements project, how substantial it is, whether a vote was required, etc.
In general, however, "If the majority ruled, the majority should object," he said. "No. 1, if they wanted to, they can consult with an attorney."
However, he says his office recommends taking a dispute first to mediation -- to the Mediation Center of the Pacific (formerly the Neighborhood Justice Center).
A last resort would be hiring an attorney. A question that might arise is whether you are alleging the president's conduct constitutes a breach of fiduciary duty.
Kimura notes, however, that there are many things that board members can do concerning the operation of a property without having to take every specific item to the association for a vote.
"If they did that, probably what would happen is that they'd have to meet almost every week to get an association vote," he said. "A lot of things wouldn't get done."
Q: Do you have any information about making money by stuffing envelopes? My friend is interested because she was told she could make a lot of money, but I'm worried that she's going to be taken.
A: The word from the Better Business Bureau of Hawaii is to be cautious about such offers because they're usually scams.
Call the BBB, 536-6956, and press 1 for consumer tips on topics and scams, then press 046, the three digit code for information on envelope stuffing.
The BBB says envelope stuffing is the most common work-at-home advertisement, usually found in the classified ad sections of newspapers and other publications.
According to the BBB message: "We urge caution before you send in money to get started ... These companies are not looking to hire anyone. Their actual business is running deceptive advertising, which is designed to entice the public to send money to get started."
You are then advised to ask specific questions and get satisfactory answers before committing to anything.
The BBB has a list of more than 70 "quick messages" on various topics, from "work-at-home schemes" to buying furniture, from charitable giving to door-to-door sales, from filing complaints to finding out what to do when a business closes.
You can either have the list of subjects and their three-digit codes faxed to you or you can send a self-addressed, stamped envelope requesting the list to Better Business Bureau of Hawaii, 1132 Bishop St., 15th floor, Honolulu 96813.
Mahalo
To the organizers of the recent Governor' Conference on Volunteerism. They did an absolutely astounding job: Mary Matayoshi, Carl Ackerman, Joshua Reppun (who worked really, really hard), Judy Nagasako, Joan Naguwa and Judy Kramer, among others, should be mentioned. -- No Name
Need help with problems? Call Kokua Line at 525-8686,
fax 525-6711, or write to P.O. Box 3080, Honolulu 96802.
Email to kokualine@starbulletin.com