Aloha Leilani residents:

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On March 22nd 2026 there will be an executive session at the community center longhouse at 9am. This meeting is closed to the general public. The agenda will be the discussion of legal matters.

Nearly two weeks have passed since the last board meeting, and we as a board with the help of volunteers have continued our work to piece together how the lca election was compromised.  We had hoped to share this information at the last board meeting but there was a concerted effort put forth to disrupt the meeting, which ultimately had to be adjourned because certain individuals refused to acknowledge the rules of decorum. I apologize to those who came to hear what progress we had made up to that point. As of now we have 19 confirmed cases of identity theft that total 245 stolen votes. Those victims are going to work with the authorities to hold the perpetrators responsible.  Additionally there are 23 more cases that affect another 266 votes that are highly suspect because of matching patterns to the confirmed ones.  The theft was committed by individuals who submitted fraudulent emails, posing as property owners. Many of those who were targeted were elderly, or out of state or country residence who had a history of not voting. This leads us to believe that this was perpetrated by someone who had access to ballot information from past elections.  At this time we’ve reached out to multiple investigative sources for help including local police, the cyber crimes division of the FBI, and a private forensic investigator.   In the meantime, we had an executive session to discuss the matter, taking steps to move towards a new election.  The majority of the board will continue to work toward facilitating a fair election and doing that as soon as possible.  In the meantime we have also referred a threat of violence to the police regarding an anonymous post that suggested gun violence may be necessary for dealing with those looking into the election. As a result our office is now locked, out of concern for our staff. Appointment is now necessary for in person service.  As you know, there are several people who consistently spread outrageous lies and misleading statements meant to confuse and defame those who volunteer for the community.  Often they post anonymously, while complaining about a lack of transparency! As far as I can tell they are a cowardly bunch, targeting children of volunteers, filing anonymous complaints as a form of harassment and demeaning individuals who serve the community with their handiwork.     I believe that every person who has poured countless hours into solving this problem wants nothing more than an honest election, and to see justice served for those who tried to manipulate the outcome.  Again, our apologies for the delay. We are doing our best to move forward in a prudent fashion, taking into consideration the many factors that have been raised. 

 Due to a recent social media post that included imagery and language suggesting violence, the Association is taking this matter seriously.
Out of concern for the safety of our staff and volunteers, the office will be locked during normal business hours until further notice. In-person access will be by appointment only, so that additional personnel can be present.
This decision is being made solely to protect those working in and visiting the office. We do not take any potential threats lightly, and the matter has been reported to the appropriate authorities.
We appreciate your understanding and cooperation as we prioritize safety for everyone in our community.
Mahalo

 The Board of Directors remains committed to maintaining fair, accurate, and transparent elections for all members of the Leilani Community Association.
Following the recent 2026 Board of Directors election, the Association’s standard post-election review identified irregularities involving a number of electronic ballots. Specifically, concerns were raised regarding voter identity verification, including indications that some electronic votes may have been submitted using newly created email accounts in the names of legitimate property owners.
As a result, the Board made the difficult but necessary decision to delay certification of the election results and to initiate a comprehensive verification review.
At this time, the Association has verified thirteen (13) electronic ballots that appear to have been submitted fraudulently using the identities of legitimate property owners. The verification process remains ongoing, and additional cases may be identified as the review continues.
All identified concerns relate to electronic ballots. Paper ballots and QR code submissions have not shown similar irregularities and remain subject to standard verification procedures.
Because identity theft, if confirmed, may constitute a criminal matter under Hawaiʻi law, including Hawaiʻi Revised Statutes Chapter 709, the matter extends beyond the Association’s governing documents and internal bylaws. In such cases, law enforcement or the prosecuting attorney may issue a litigation hold requiring the preservation of all related records and communications.
Accordingly, the Association has opened files with appropriate police and fraud/identity theft departments and is cooperating fully with all inquiries. All relevant documents and electronic records have been preserved.
ElectionBuddy is not currently involved in the investigation. The company has provided participation records to the Association while preserving voter privacy by not releasing any ballot selections. ElectionBuddy has referred all related inquiries back to the Association.
No election results have been finalized, and no conclusions have been reached regarding the outcome at this time.
The Board’s priority is to ensure that every legitimate member vote is properly counted and that the election process remains fair, secure, and trustworthy.
We recognize that this delay may be frustrating, and we sincerely appreciate the patience and cooperation of our members as we complete this important work. Additional updates will be shared as more information becomes available.
Members with questions may contact the Association office at (808) 965-9555.
Mahalo,
Board of Directors
Leilani Community Association

Dear Members,

Thank you to everyone who participated in our recent annual election and vote on the proposed Bylaw changes. We truly appreciate the time and effort our community members took to engage in this important process.

As part of our standard post-election review, the Association has identified irregularities involving a large number of electronic ballots. To ensure the accuracy, fairness, and integrity of the election, the Board has initiated a verification review.

The appropriate steps have been taken, and reports have been filed with the police and with fraud and identity theft authorities. Any additional information identified during the review will be added to the ongoing investigation. The Association takes these matters seriously and is committed to protecting the integrity of its elections.

Because this was our first year using electronic voting, this additional review is an important step in strengthening our procedures and protecting every member’s vote. During this process, the release of final election results will be delayed for a short period while verification is completed.

What Members May Expect

Some members who voted electronically may be contacted and asked to confirm their information. This verification helps ensure that each ballot is properly associated with the correct property owner or co-owner.

If you receive a verification request, you may be asked to provide one of the following (with sensitive numbers blacked out):

• A government-issued ID showing your name and address• A recent utility bill in the name of the owner or co-owner• A recent county property tax notice showing the TMK number

Members who live in Leilani Estates may also verify their information in person at the Association office during normal business hours.

If you did not vote in the recent election but receive a verification request, please notify the office so we can correct our records.

Our Commitment to Transparency

The Board is committed to conducting elections that are fair, secure, and transparent. This review process is being undertaken solely to protect the integrity of the election and to ensure that every eligible member’s vote is properly counted.

We understand that this may cause a brief delay, and we sincerely appreciate your patience and cooperation. Once the verification process is complete, the final results will be promptly shared with the membership.

ElectionBuddy is not currently involved in the investigation. The company has provided participation records to the Association and has preserved voter privacy by not releasing any ballot selections. At this time, ElectionBuddy will be referring all related inquiries back to the Association and will not be releasing additional information.

If you have questions or need assistance, please contact the Association office.

Mahalo for your understanding and continued support.

Sincerely,
Richard Willing
President
Leilani Estates Community Association

Agricultural uses of land in Leilani Estates are allowed!

4/29/22

Aloha Neighbors,

Hawaii state law(Hawaii Revised Statutes Chapter 205) established a Land Use Commission which created a legal framework for agricultural uses of land in the agricultural districts of Hawaii. Leilani Estates is located in an agricultural district and all lots are zoned Agriculture 1 acre, A1(a).

As amended in January 2021 the statute at 205-4.6(a) removes any restrictions on agricultural uses of agriculture lands created by any private agreement contained in any deed, agreement of sale, etc. recorded after 7/8/03 that subjects the agricultural land to any servitude, including but not limited to covenants, easements etc. As a result the portions of Leilani's CC&R's that prohibit agricultural uses of land in Leilani Estates are invalid and voidable.

The statute is lengthy but pertinent portions are:

205-2(d) Districting and Classification of Lands.

Agricultural districts shall include:

2. Farming activities or uses related to animal husbandry....

7. ......including farm dwellings as defined in 205-4.5(a).

205-4.5 Permissible Uses within the Agriculture Districts.

(a) 3. Raising of livestock, including poultry,bees, fish......that are propagated for economic or personal use.

4. Farm dwellings, employee housing, farm buildings.......

205-4.6 Private Restrictions on Agricultural Uses and Activities; not Allowed.

(a) Agricultural uses and activities as defined in sections 205-2(d) and 205-4.5(a) shall not be restricted.....

While I understand that this information will be met with a variety of reactions, It would appear that Hawaii State Law is clear. I would hasten to add that I am not an attorney and the above information should not be construed as legal advice.

Happy Farming,

Phil Denney 2022/2023 LCA Director

This is an official post from the Ica board of directors. It was brought to my attention that there is information circulating on fb suggesting that the board of directors is going to increase HOA fees. To clarify, the board has not voted on that, nor discussed it. There is no plan to raise dues or have any special assessments. What has been discussed by the board in board meetings is the need to have a survey to figure out the best way to deal with the covered lava roads. Figures were put together based on estimates for reconstructing the roads with either asphalt or cinder and related fees, such as surveying and permitting. From that information we discussed what it would cost each lot owner over a number of years to pay for rebuilding if the community chose to do so. As most of you know, derogatory posts are as common as coqui frogs in leilani. If you want accurate up to date info please refer to the official website where you're able to ask anything you like. Sincere thanks. 

-LCA Secretary

After almost a year and a half of litigation, both existing lawsuits have ended. Questions remain about how much the Leilani Community Association (LCA) will pay to the lawyers involved.

First Lawsuit – Jim Penny and 23 concerned citizens (plaintiffs) vs Al Morrow, Rod Kndle and Janet Morrow (defendants).

History: In the 2024 election cycle, Al and Rod declared all other nominated candidates ineligible due to a variety of “violations”. At the 2024 Annual Meeting, Al and Rod declared themselves the Board without election claiming they were the only “valid” candidates. They added Janet when it was pointed out the Board must have at least 3 members. In violation of our bylaws, Janet was never nominated to the Board. During the New Business portion of the meeting, the members present elected a new Board. Al and Rod declared that no new business could be conducted claiming many of the submitted proxies were “invalid”. They stated this meant there were not enough members represented (quorum) to have a valid vote. The elected members asked the defendants first for mediation and then for binding arbitration on the election issues. Both were refused by the defendants. The elected members then brought a lawsuit against the defendants. The lawsuit sought to force the defendants to seat the elected Board. It also alleged violations of state law and our bylaws around elections and financial information. 

The Money: Jim Penny and the other plaintiffs engaged their own attorney and paid their own legal fees. The defendants claimed coverage by the LCA’s insurance. The insurance company appointed a lawyer and the LCA potentially became liable for up to $35,000 in costs (the insurance deductible). Although they controlled the LCA’s checkbook, Al, Rod and Janet paid nothing to their lawyer leaving approximately $35,000 in invoices to be paid by the 2025 Board. This lawsuit was dismissed by the judge at the plaintiffs’ request with both sides responsible for their legal fees. The 2025 Board is working with our insurance carrier to determine if the LCA or the defendants should be responsible for the $35,000 owed. The 2025 Board’s position is that the LCA should owe nothing as our bylaws do not allow our insurance to cover Board members if they knowingly violate state law or our bylaws. 

End Result: The judge ruled that the reasons the defendants had used to eliminate rival candidates were invalid. This resulted in our 2025 election and the 2025 Board. Seating the members elected in 2024 became irrelevant with the election of the 2025 Board.

Second Lawsuit – LCA (plaintiff) vs John Segalla, Rich Willing, Marianne Farrell, Mark Hauanio, and Jim Penny (defendants).

History: The defendants, elected at the 2024 Annual Meeting, met on a monthly basis in the Pavillion to discuss what was going on in the LCA. The defendants met as private individuals and did not present themselves as the Board. Al and Rod hired a lawyer to write cease and desist letters to the defendants. In January, without informing Smiley Burrows (the newly appointed third member of the Board), Al and Rod filed a lawsuit in the LCA’s name against the defendants without a proper vote. This lawsuit alleged that these members were pretending to be the Board by meeting and discussing the community and were therefore interfering with the functioning of the LCA. At the 2025 Annual Meeting, the LCA members held a legally binding vote to dismiss this lawsuit. The majority members and officers of the new Board, Rich Willing, Smiley Burrows, John Segalla and Janice Tucker, recognized the will of the members and notified the LCA’s lawyer that he was fired, the lawsuit was to be dismissed, and we would pay no further bills. 

The Money: The defendants retained their own lawyer and paid their own legal fees. Al and Rod paid a $5,062.83 retainer to their lawyer using LCA funds (our assessments). By the time of the 2025 election, the LCA had received approximately $30,000 in invoices from the plaintiffs’ lawyer. Again, Al and Rod did not pay these invoices, leaving another $30,000 to be paid by the 2025 Board. Despite the legally binding vote of the members to dismiss the lawsuit, Al and Rod refused to settle and continued to rack up legal bills. The LCA has received approximately $45,000 in additional invoices since the LCA lawyer was dismissed in April.

End Result: This lawsuit was finally dismissed in November, 7 months after members voted to end it. Nothing was accomplished other than a lot of money was wasted. 3 of the defendants are Officers on the 2025 Board. The defendants paid their legal bills out of their own pockets. The LCA’s lawyer is owed approximately $75,000, $30,000 of which Al and Rod could have paid when they controlled the Board and $45,000 which they ran up after we voted to dismiss the lawsuit. The current Board’s position is that the previous $30,000 was not authorized by the LCA and we should not pay it. They firmly believe that the additional $45,000 that was spent after we had dismissed the lawsuit is clearly not the LCA’s responsibility.

Implications 

How much the LCA will end up paying largely depends on who is in the majority on the 2026 Board. If Al, Rod and their supporters are in the majority we should expect to pay the entire $110,000 outstanding. If the current majority members are returned to the Board, they will pay all legitimately authorized legal bills but will fight to ensure the LCA does not pay for work that was unauthorized by the LCA or that occurred after we voted to dismiss the lawsuit and notified the lawyer in writing in April.

This official document is supported by a majority of the 2025 board.