Fern Forest 
Community 
Association

  This is what I learned  from living out here for over thirty years as a witness, and from a person by the name Thunderfoot, and an attorney Ken Goodenow. Plus, I did do some research myself to verify facts. The following is what I concluded, and I copied and pasted some of Thunderfoot's words in my conclusion :

 The Fern Forest Community Association formed in the 1970s as a community organisation. It never applied for nonprofit tax exempt status with the Internal Revenue Services (IRS), so it is not possible for it to become one now according to publication 557 of the IRS. Unless you are a church, you only have 27 months from birth to apply, and they are not a church.

   In 1991 the trustee of the Polynesian Investment Company died. They had held in trust for lot owners $75,000 and its' use was never determined. By the way, that money disappeared. It was not used to buy the community lot. Only the Quanset hut and water tank were purchased and the rest of the money disappeared.

   So, Penelope Blair, The DeLorms, Phil Clemmer, Bill Watkins and others decided to start a court proceeding to get that money and impose mandatory fees on us. People were voluntarily giving money for the roads and the crew was all volunteers prior to the death of the trustee, all recorded in court records. they won in court and a Judgement for case 87-519 was entered. There is a page on this website which has the "findings and facts" part of the judgement. The judgement gave them the power to say the road fees were now mandatory.  The judgement gave them the right to collect a mandatory road fee of $15 per year/lot, not retroactive to the judgement, and was at the jurisdiction of the court. The document states all that, so it is clear what was legal.

   They began to violate the judgement right away when they raised the mandatory fee in the very first year, as evidence came out in a civil lawsuit against them in 2015-2016 time frame. I can get that if anyone wants it.

   Years of oppression and abuse went on until today, including locking us out of our community lot and dissolving our volunteer fire department five times.

   There have been many illegal events and acts by the FFCA such as commingling funds with personal bank accounts, and yes we have court evidence and bank statements. They also lost accounting for $72,000 worth of lot payments that they did not know who paid what lot. And instead of admitting it, they waited for people to complain that they were over billed and had already paid. As far as we know, there is still some of that money in an account somewhere ? Facts that have evidence and witnesses. That is when they illegally hired Data Processing Services. If that judgement was valid it is clear the road money was for road maintenance only, read the document. This does not include attorney fees, changing street names, mowing easements etc... In fact they were told the easement is separate from the road and is the property of the home owner and if they cause damage to it, like spraying poison and killing plants, that they can be sued. They ignored this too, and continue to admit to mowing the easement.

    Around 2019-2020, a person named Thunderfoot discovered that the Hawaii law states all judgements in Hawaii are finished if not extended within the 10 years of getting it. Title 36, Chapter 657-5

§657-5  Domestic judgments and decrees.  Unless an extension is granted, every judgment and decree of any court of the State shall be presumed to be paid and discharged at the expiration of ten years after the judgment or decree was rendered.  No action shall be commenced after the expiration of ten years from the date a judgment or decree was rendered or extended.  No extension of a judgment or decree shall be granted unless the extension is sought within ten years of the date the original judgment or decree was rendered.  A court shall not extend any judgment or decree beyond twenty years from the date of the original judgment or decree.  No extension shall be granted without notice and the filing of a non-hearing motion or a hearing motion to extend the life of the judgment or decree. [CC 1859, §1051; RL 1925, §2643; am L 1927, c 16, §1; RL 1935, §3914; RL 1945, §10425; RL 1955, §241-5; HRS §657-5; am L 1972, c 105, §1(d); am L 1992, c 74, §1; am L 2001, c 145, §1]

https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0657/HRS_0657-0005.htm

​

   This was confirmed in a meeting with an attorney by the name Ken Goodenow. 

   This means any mandatory road money greater $15 per year/lot from April 1991 to April 2001 is an overcharge that they owe you a refund for. All monies collected by the FFCA after April 2001 was voluntary, but by continuing to claim it is mandatory is fraud and theft by deception. Any lot owner can write them a letter with the amounts they are due. Be sure to put a required response date to hear back from them. And if you do not hear back from them, or they refuse to reimburse you, then that would be an "exhaustion of your remedies". After that the only recourse is to complain the the State of Hawaii DCCA and the Attorney General. I will put the links below this novel.

   This is further complicated by the issue of lien threats for nonpayment of an unenforceable judgement in a court of law. Once they threaten a lien for nonpayment of their fees, it crosses into extortion. Plus, since they admitted in their February 2021 Zoom meeting that it is expired, and continue under the guise that they are now saying they qualify for mandatory because they are a group of agricultural producers. That is not what their Articles of incorporation with the DCCA say. It says they are a community entity. yet, they claimed to be a shareholder corp in court, and use an expired judgement as their company purpose to the DDCA. Everything they do is without the participation and consent of the members whom they continue to omit the truth from.

   This lack of transparency and truthful disclosure to its members further validates the fraud, deception and extortion, among other crimes.

   You can also sue them in civil court on top of complaints to the A.G and DCCA.

     There are too many illegal acts to mention here, so just the main ones are being posted here as not to add to this already confusing mess. if you want to know more email me at  gracemileshawaii@gmail.com or contact me on Facebook even better because I hardly ever check my email, the link is https://www.facebook.com/groups/458902221617001

   

Link to State of Hawaii DCCA

https://cca.hawaii.gov/ocp/consumer-complaint/

Their complaints concentrate on protecting consumers, and we are consumers.

​

Link to State of Hawaii Attorney General

https://ag.hawaii.gov/contact-us/

Complaints to them involve crimes with criminal intent for more than one County. And the FFCA is suing the Untied States Post Office to illegally solicit a "mandatory" road fee and lien threats. that is mail fraud. Be sure you mention these things when you complain about how they illegally gained money from you.

​

   By the FFCA continuing to use the word 'Mandatory" and ignore the law, this is an example of criminal eminent because they knew they were wrong and did it anyway. There are many examples of this behaviour, and acts to prove it.

   We as citizens have a responsibility under the Constitution to obey the laws, to patriotism and concern for the welfare of those around you. So, this is a responsibility it is even more important than a duty because the Constitution requires that these are our responsibilities as citizens of the United States. So, we have an obligation to report crimes. If we know there is a crime and fail to report it, then under the law, we are accessories after the fact.

   So, please, be proactive when you know there is wrongdoing happening. 

   If you do not get any satisfaction from the FFCA, or the DCCA you can sue them in civil court for overpayments. If it is under $5,000 it is easy because the court has forms for small claims  court. If the A.G.'s office tries to get out of prosecution, just remind them their office's mission and that the criminal activity is beyond one county. Therefore, it falls on them. Citizens cannot prosecute for crimes. All we can do is try and get our money back, and hope the State does its' job on the criminal side.

(Disclaimer  : I am not an attorney, but I did consult with one, and what I have posted here was confirmed by this attorney, Ken Goodenow.)