Karen Chun's 2015 Annual Meeting Flyer 2016-01-07
Following is the flyer (in blue text) which Karen Chun published and distributed to the attendees (all except the Board & HOA manager) at the KB Annual Meeting on 2016-01-07. View the full document here. What the Board believes to be the truth is presented as rebuttal in red below the allegations...
Things Need to Change
You may have heard that I hired an attorney and have threatened to sue the Ku'ua [sic] Bayview Board of Directors if they don't rein in their employee who is harassing me.
It is true that Karen Chun has threatened to sue the Board and the Association, so many times we have lost count. After we ignored 8 ultimatums, still no lawsuit has been filed 7 months later. It is NOT true that the "employee" has been harassing anyone, particularly not Karen Chun whom she avoids like the plague. She hadn't even seen her in years until Nov 12, 2015, the day Karen accosted her and verbally assaulted her over the tree trimming.
What you might not know is that the court awarded a couple on Moloka'i experiencing the same harassment $3 million dollars.
Karen is referring to the $3.8M lawsuit which attorney Terry Revere won against a Board on Molokai in 2013. What Karen doesn't know is that this very attorney, Terry Revere, offered to sue Karen Chun on behalf of Kuau Bayview. He considers Karen's behavior "outrageous" and would really like to take the case. We just don't want to spend all that time having to think about and deal with Karen Chun.
So one might think that the Board would at least show concern and attempt to work things out. A prudent board would hire an attorney and get advice as to what action to take. Our board appears to be taking legal advice from an unlicensed Canadian citizen which is the height of reckless irresponsibility.
The "unlicensed Canadian citizen" to whom Karen is referring is actually an American citizen. Karen tried to prevent her from voting on Mar 26, 2016 in the Presidential Preference Poll by yelling, "She's not an American citizen" in front of hundreds of people. Karen was reprimanded by the Democratic Party for this "reckless" behavior. The Board did get legal advice from several attorneys and we acted upon it by ignoring her false allegations.
Because the board has refused to even sit down with me and refused to get legal advice and correct their illegal actions, I will need to go on to the next step.
The Board members are very busy people and, as we have done nothing illegal, we refuse to be bullied into spending Association money on lawyers or spending even more time on a totally bogus non-issue. It is now June and Karen has still not taken the "next step" because she has nothing on which to base a case. All she can do is threaten and that is what she has been doing ad nauseum.
Tonight I hope that you will vote NO on ratifying the Board's actions. If you ratify their actions, you will be assuming financial responsibility for their illegal actions. If you vote no, it is likely that they each will individually have to answer for their actions.
Here she is threatening the homeowners hoping they will be scared enough to do her bidding. She told one owner that it would cost her personally $10,000 when she sued. This is the third time since 2003 that Karen has tried to overthrow and invalidate the Board.
Although since the Board refused my request for member contact information for purposes of soliciting proxies, this meeting is most likely illegal anyway.
The meeting was 100% legal. Karen lives in Kuau Bayview. She already has everyone's contact information. All she has to do is knock on doors with her proxy forms.
Many of you may be thinking "but our dues are low so I'm happy". What you may not realize is that your dues do not cover the money that the board is paying their employee/contractor and expenses are eating into savings. Add the substantial amount of damages and attorney's fees that I anticipate being awarded, and this is no bargain.
This is pathetic. When Karen was on the Board (illegally) in 2011, the fees were $300 and they were collecting $21,000 MORE per year than we take in with the fees at $100. Yet they were still running at a loss! And now that we are running the Association on $21,000 less money, we are breaking even. Who is getting that $21,000? The owners! Certainly not the employee who is doing all the work that used to be paid to vendors.
We can fix this. If a majority of homeowners are willing to step up and do the following, I would most likely withdraw my legal action. Please email me at Karen@redwoodgames.com if you would like to see a sane, calm and peaceful HOA returned to us.
Karen left the meeting shortly after it started because no one was paying any attention to her, and not one question was asked regarding this flyer she had distributed. Her "legal action" faded away as the hot air it was. "Sane, calm, and peaceful" are not the words that come to mind in relation to Karen Chun.
- Replace the board members who have acted illegally. [ Total: zero ]
- Get 7 calm, intelligent and objective people to run for the board.
- Replace the President's friend who is getting triple what we used to pay for a gardener with a professional. [ The current gardener is paid LESS than previous gardeners and does a much better job. Triple?! Where does she get this stuff? ]
- Replace the President's friend who is doing the books with a professional bookkeeper at roughly the same cost. [ It took over a year to get the owner records straightened out, and the vendor records are still being audited. Good luck finding another fraud examiner to do this work for free. ]
- Hold 3 announced Board meetings open to the members per year [ What for? Karen's Board in 2011 held secret, unnoticed meetings which they denied having. ]
- Invite homeowners who are having difficulties with any actions to appeal those actions at the meeting. [ The Board is available any time to owners ]
- Create an atmosphere of fairness and stop picking certain homeowners to harass. [ This Board does not harass anyone, and is without a doubt the most fair Board that KB has ever had; however, this Board has been egregiously harassed by Karen Chun & Bruce Boucher. This libelous flyer is one example. ]
Remember that the person that I allege to be harassing me is in control of communications so you do not hear an unbiased version of what is going on. It is not prudent to put a person who takes a dislike to certain homeowners and unmercifullly [sic] and maliciously harasses them in charge of ANYTHING.
This has no basis in truth. All communications are immediately forwarded to the Board members, and nothing is mailed to the owners without the approval of the Board. Communications are a team effort. Do you really think the Board members are so wimpy that they would allow someone to put words in their mouths or misrepresent them? This is an insult to the Board members. Karen is projecting herself here as she is the only female in this neighborhood who unmercifully and maliciously harasses people.
Here are some of the things that need to change.
- The Board deliberates in secret and holds no board meetings. This is illegal since members have a right to be at all board deliberations.
- The Board hired a person who had an Order of Protection against her by one of the homeowners. That's just irresponsible. A note about the difference betweeen [sic] a TRO and a Order of Protection. Anyone can go to the clerk and make up a bunch of baloney to obtain a TRO. Within a couple days you go to court. At that time the judge either dismisses the TRO or grants an Order of Protection which is usually good for 3 years.
- The Board hired a friend instead of putting the bookkeeping and landscaping jobs out to bid which is costing us more money than we should be paying and resulting in the harassment issues and an over-grown mess of a front entrance.
- The Board has on more than one occasion believed their employee's untrue assertions about rights of way rather than consulting an attorney even when told by an attorney that their employee's assertions were incorrect. This is a reckless disregard of their fiduciary duty.
- The Board refused to give me the contact information for the homeowners for the purpose of soliciting proxies. This is blatently [sic] illegal.
- The Board, through their employee, refused to give me the addresses of the directors for the purpose of sewing [sic] them with legal action. This is illegal.
- The Board, through their employee, on numerous occasions posted defamatory statements about me on the HOA website. This is reckless and shows a pattern of harassment.
- The Board has sent a fine which was levied on a homeowner without proper notice and without any opportunity for appeal to an out of state and unregistered collection agency which is illegal.
- The Board has materially damaged me by claiming an access on my property that does not exist and has done this recklessly and maliciously without consulting an attorney.
- The Board refuses to sign for certified legal mail and just lets it languish in the post office unread. This is beyond irresponsible and strays into the area of incredibly stupid.
- The Board, through their employee, has at least on one occasion forged a proxy. Who knows if the proxies are even legitimate since their employee has substantial financial interest in making sure that no one else runs for the board.
- The Board, through their employee, indulges in selective enforcement.
As we are all busy people, the Board members & HOA manager discuss issues via email and telephone. According to our Bylaws and an expert in HOA law, it is totally legal for us to conduct votes by email and then ratify our actions at the next face-to-face meeting. These Actions are posted on the Meeting Minutes page. There is absolutely no secrecy involved. All Boards from 2003 onward have conducted meetings in this way. The only Board that had secret meetings with no notice, no Minutes, and then denied the meetings even took place was the 2011 Board which included Karen Chun. Apparently she is above the law.
The Order of Protection to which KC refers above was a bogus TRO filed in retaliation for a TRO filed against the Bouchers. Bruce Boucher was angry because the prosecutor had charged him with two counts of harassment by stalking and it cost him $6000 to lie his way out of it. The Assistant Chief of Police recognized Bouchers' TRO as a frame up and tried to warn the judge, but the judge was Mimi DesJardins who lost her judgeship in May 2013 when she was charged with 10 counts of tampering with government records. After the conviction, Deputy Attorney General Christopher Young said DesJardins showed "a huge lack of judgment" when "she violated someone's constitutional right to freedom." Her judgment was equally flawed when she refused to read the Assistant Chief's letter which showed Boucher's story to be false. MPD said it is quite common for the perpetrator of an assault to accuse the victim in order to avoid going to jail. This is what happened here. It was a contrived fiction presented by Bruce & Susan Boucher to cover up Bruce's guilt. The professional liars were believed over the truth. Because a requested continuance was denied, no witnesses were there for the defense and it was two against one. Huge travesty of justice.
Considering the horrendous state of the records received from Valley Isle Management, and their refusal to return the QuickBooks data file, Darlene, as a database programmer and fraud examiner, was the only person with the skills & the will to do the work. It took over a year of intensive effort just to clean up and reconcile the owner files. The insurance audit took another year. The vast majority of the work was unpaid and she recouped over $14,400 from insurance overpayments made by past Boards.
KC's attorney was mistaken. One merely has to look at a map to see that the strip of land usurped by KC behind her house is part of Makana Park and is, therefore, a public right-of-way. In February Parks officials ordered KC to remove the piles of green waste she had dumped on that land so, if she didn't know it was park land before, she does now. KC also refuses to acknowledge that her property pins lie 42" east of the sidewalk. She refuses to locate her pins because it would put a quick end to her erroneous claims.
According to the Code of Conduct adopted by the membership in 2013, KC has forever forfeited her right to the membership list under #3 and #4.
This is disingenuous. KC already has the Directors' addresses and her attorney Lance Collins used them to send his Dec 1, 2015 letter to all Board members. Four of the Directors live in Kuau Bayview and Dan was on the Board with KC so she knows very well where he lives. And anyone's address can be obtained from the County property tax website. KC's demands serve no purpose other than to harass the Board. Not to mention, the Directors do not wish to be "sewn".. aversion to needles.
A great deal of effort is made by the Board to fact check items posted on this website. Karen considers describing her actions harassment. We cannot be held responsible if the truth is not very flattering.
The Grievance Procedures were followed to the letter. Only 15 days notice was required but we gave over 30 days notice. We received no response at all for 6 weeks and by then the violation had been remedied. The Rickel Law Firm is licensed in Hawaii and is totally legal. It is hard to believe that someone who supposedly has legal counsel can make such blatantly inaccurate claims.
We have in fact consulted several attorneys (how would she know what we have or have not done?) as well as County engineers and Parks Board members. KC is in denial and refuses to face the facts of where her property ends because, if she did, she would have to stop usurping public land. We never claimed an "access on her property." She is claiming County land as her property and we are merely pointing out that it is NOT her property and she needs to stop blocking access to public land. But she does not want to give it up so she attacks us instead of facing the truth.
We are not interested in having our time wasted with KC's harassment. This is a replay of what she did to the Board in 2003-2004.
This is a deliberate lie. We have it in writing from the owner who personally told KC before she published her flyer that there was no forged proxy. Our lawyer told us that libel committed with full knowledge that the libelous statement is untrue is called "actual malice" and is subject to higher per se damages, especially when falsely accusing someone of a felony crime. It is interesting that KC would propagate this forged proxy lie considering she was put on the Board in 2011 using actual forged proxies.
This is untrue. We are very fair and impartial in assessing complaints. There has been only one violation which needed any form of enforcement and anyone just has to look at this photo to agree that it was a violation. And it was the Board who initiated the enforcement, not the employee, which is what the police told Bouchers when they tried to get Darlene arrested for "cutting their bushes too low." Darlene was simply doing the job she was hired to do.
I could go on and on with the illegal and harassing actions but I think most of you know first hand of the problems to which the targetted [sic] homeowners have been subjected. In fact, many of you have sympathized to me but told me you are too afraid of being the next target of harassment to say anything. And that, my friends, is why I have had to resort to legal action.
The only harassment in Kuau Bayview has come from KC and her buddies, the Bouchers in Lot 35. It is part of their modus operandi to project their own actions onto their targets. KC has repeatedly tried to scare the homeowners over the years by saying there are "multiple lawsuits pending" when in reality she is referring to her very own threats. She has threatened the Board at least 20 times with lawsuits, with 8 ultimatums just since December. It should be illegal to threaten people with frivolous lawsuits, especially considering we have done nothing wrong and are volunteers working for the good of our community. It is a shame that a few bully owners in a neighborhood of 92 can disrupt the peace for everyone else and cause the fees to go up.
I hope you will join with me to resolve this situation, hire professionals, replace the Board and return our HOA to peace and legality. - Karen Chun
KC tried this same strategy to overthrow the Board in 2003 which was the first time the Board tried to get her to stop blocking the walking access to the park. It has nothing to do with the Board and 100% to do with Karen's refusal to relinquish the public land she has usurped. There are owners east of Lae St and their kids who wish to use this shortcut to the park. The Board members feel it is the Association's duty to ensure that one owner is not allowed to deprive every other owner of their right to use this public access to the park. The owners of Lots 78-79-93 knew this park land existed behind these houses before they closed escrow. They could have purchased a different lot if they didn't like it.