UPCOMING REGULAR BOARD MEETING

December 9th, 2023 - 9:00 AM HST
At The Community Center

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2024 Budget Workshop - Dec. 2, 10:00 am at the Community Center and on ZOOM, just click on the Budget Link to the left

Re: 2016 SPIG vs. DHCA case
- The Court has not issued a Final Judgment at this time concerning the legal status of the Association but is expected to do so in the near future.  Prior to the issuance of any such Final Judgment, insurance Counsel for the Association, John Zalewski, of the law firm Andrews and Zalewski, and the Association's corporate counsel, Jung & Vassar, intend to file a Motion to Reconsider with the Circuit Court which could be heard within the next 30-45 days depending upon the Court's calendar.  In the interim, the Association should continue to function as it has in the past.  While this case is still pending before the Circuit Court, the legal status and existence of the Association remains unchanged, and the Association may continue to operate as it has done in the past.
   In the event that the Circuit Court denies the Association's Motion to Reconsider and issues a Final Judgment in favor of SPIG, within 30 days entry of Final Judgment by the Circuit Court, the Association will file a Notice of Appeal to the State of Hawaii Intermediate Court of Appeals (ICA) seeking to have the Final Judgment of the Circuit Court reversed.  It could take as long as four years before the ICA issues a ruling overturning the Final Judgment of the Circuit Court.  In the interim, the Association, pursuant to the provisions of Rule 8 of the Hawaii Rules of Appellate Procedure, will file a Motion in the Circuit Court to Stay the Final Judgment of the Circuit Court with the ICA.  However, the Court may require the Association to post a supersedeas bond pending the result of the appeal.  Assuming the Circuit Court or ICA grants the Association's Motion to Stay the Circuit Court's Final Judgment, the Final Judgment of the Circuit Court becomes "Not Final" pending appeal to the ICA and the Association can continue to function as it normally does.  It is the opinion of the Association's legal counsel that any Final Judgment of the Circuit Court in favor of SPIG would be reversed on appeal.   

-Board of Directors


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