‘Aliomanu homeowner Jeffrey S. Lindner is suing the ‘Aliomanu Estates Community Association board members over restoration of an ornamental fence in the ‘Aliomanu Estates area. A white, three-rung fence stretches throughout the subdivision in the common areas, and through easements
‘Aliomanu homeowner Jeffrey S. Lindner is suing the ‘Aliomanu Estates Community Association board members over restoration of an ornamental fence in the ‘Aliomanu Estates area.
A white, three-rung fence stretches throughout the subdivision in the common areas, and through easements on private property. But the fence was falling into such disrepair the board voted to erect a new fence, which is being built.
Lindner and the ‘Aliomanu Estates Community Association, according to court documents, object to the fact that the board approved the $185,000 reconstruction without consulting members of the ‘Aliomanu community first.
“In essence, Mr. Lindner’s position is that board members’ decision to install and fund this costly and high-profile fence violates the subdivision’s (bylaws) because it denied the association members’ their right to vote,” said Lindner’s lawyer, Doug Codiga of the Honolulu-based law firm Alston Hunt Floyd & Ing.
The fence, according to the complaint filed in Circuit Court, “is opposed by the plaintiff and many other association members on the grounds that it is unauthorized, unnecessary, and unsightly.”
According to the court document, the subject of reconstruction of the fence, which is 15,000 feet long, did not come up in front of the entire community, but only in front of the board, in July of last year.
“Association members did not participate in this vote, and were not aware it was being taken,” the complaint stated.
Community members were informed in a letter to homeowners that they would be paying for the fence, and that the construction cost would raise assessment payments to the board approximately 75 percent over the next three years.
Assessment payments are measured by the amount of property an ‘Aliomanu Estates homeowner owns.
Usually, according to Codiga, the assessment is part of the regular line-item budget, which includes anticipated operating costs and expenses. Every year, association members vote on the budget.
Codiga added that since the fence was not part of the line-item budget that association members accepted, its inclusion in regular assessments is against the association’s by-laws.
“This (budget) vote is an essential means by which the association members exercise control over expenditures by the board,” Codiga said.
“In this instance, the board members deprived Mr. Lindner and others of the right to vote because, well before any vote could be taken, the board had already: (1) voted on its own to undertake the fence project; (2) obtained a $185,000 bank loan; (3) set a deadline for association members to select their method of payment (monthly or lump sum); (4) ordered and paid for all 15,000 feet of the fencing; and (5) began installation of the fence,” the lawyer said.
“This conduct effectively nullified the right of Mr. Lindner and other association members to vote on the fence project,” he added.
The defendants named in the case, ‘Aliomanu Estates Community Association Board members Robert B. Barker, John A. Durkee, Susan Craig, Christopher Watson, Robert Pike and Robert C. Smith, either would not comment, or did not return phone calls.
Staff Writer Tom Finnegan may be reached at 245-3681 (ext. 252) or mailto:tfinnegan@pulitzer.net.
