Please note this page is under construction.
The FFCA is planning on holding another illegal election in December of 2017.
The current illegal Board is not following the FFCA By-Laws, Robert's Rules, or the State and Federal Procedures for elections. Further, the legitimate board for the December 2015 election is still pending litigation in a counterclaim that they filed. The civil number is 16-1-00304.
I. Board Application issue -
There is the recent activity by the current illegal Board to create a "Board Application" (<click to view application)
and restrict its' circulation to those they hand pick. First of all there is nothing in the By-Laws about a "Board Application". The only requirements for being on the Board in the By-Laws is that you have to be a member, you have to live on the island of Hawaii, and you have to be in "good standing" (A term never defined in 1979 By-Laws, but altered without a membership vote to be associated with voting.) Also, the 9/13/17 newsletter that they sent out admits to,"sort out accounting issues from prior years.") So, since they lost accounting, they do not know who is in "good standing" if we use the illegally altered definition of being associated with road fees.
Also, for some reason, the application is not circulated openly. It is secretive. So, how are potential nominees supposed to know there is even an application that exists, or what the procedure is for Board elections if it is not described in the By-Laws. This is not legal because it is influencing the election. The Board cannot just handpick its' successors.
Now, to talk about the next illegal topic of the Board Application. That application is a job application basically. So, it must comply with the Law. The application asks for the applicant's criminal conviction history ? That is improper to ask unless the job is a high security one. Then it asks for your political views via the past Board's policies and procedures. The answer to that could be taken in a way to illegally discriminate against the applicant because of their political views. Both of these things are addressed under the Equal Employment Opportunity Commission rules.
The same application is basically ask a variety of questions all bunched in the same sentence with no real way to address each issue separately. They want you to answer all of the topics as a cllective. That is not right.That entire paragraph is illegal.
They have illegally thrown out three Board Applications already and are handpicking their own candidates. This is a conflict of interest and electoral fraud by rigging the candidates. Also, Robert's Rules, which are accepted in the 1979 By-Laws, define the board picking the nominees, as nominations "by chair", and the method all versions of our By-Laws contain is the nomination committee method, not the chair method. The two definitions cannot be married as has been done. That is illegal, improper and doesn't work. You can see the page of the 2006 By-Laws nomination committee defined in item 7 below on a clickable link.
Robert's Rules, the standard operating procedures for most organizations. To view the Rules for types of methods for nominating positions and conducting elections click HERE
II. The application also asks about adopting county code for easements. You cannot apply county codes for county roads and easements to private property, especially without a membership vote. The Laws for County roads are different from Private Property.
7. They have dissolved the nomination committee which violates the By-Laws, Robert's Rules, State and Federal Laws. The nomination committee is the method for how the nominees get on the ballot for the election. So, that is the procedure that has to be followed. Unless the method is amended in the By-Laws by a majority vote of lot owners, the method cannot be changed. Lot owners have to amend By-Laws. To see the section of the By-Laws that describes the nomination committee, click HERE
8.) They are violating "ballot stuffing" electoral fraud issues by allowing an individual to vote more than once in a democratic election. It is a democratic election by definition because things are decided by a majority vote. Therefore, no individual may vote more than once irregardless of how many lots they own. The FFCA is not a shareholder corporation where more than one vote could be cast per share they own in some forms of shareholder corporations. They told the Court that they are a nonprofit. And they are not. Anyone can google the irs.gov to search nonprofits and see it is not listed there. So, here is a major problem because the FFCA is really neither. However, in this item number 8, we are focusing on the fact that the FFCA has democratic voting, so the type of entity it is does not matter in that regard. The bottom line is that "ballot stuffing" is illegal, please see Wikipedia's definition for electoral fraud .
9.)
Please be advised this page is still in development