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+--- Thread: Roads Are Easements Not Planned Communities Or HOAs (/showthread.php?tid=23524)
RE: Roads Are Easements Not Planned Communities Or HOAs - kalakoa - 01-12-2025
If lawsuits could make any difference, someone would have filed some by now, it's only been how many decades?
That said, please do keep going with the arguments, they are very entertaining, especially for those of us who have long since made peace with the situation.
RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-12-2025
(01-12-2025, 08:41 PM)kalakoa Wrote: If lawsuits could make any difference, someone would have filed some by now, it's only been how many decades?
That said, please do keep going with the arguments, they are very entertaining, especially for those of us who have long since made peace with the situation.
There are lawsuits. You can find them posted at the link below. It is a site in progress (still working on it, restarted it yesterday).
There is a difference between peace, getting worn down and just giving up.
https://hppowners.godaddysites.com/
(01-12-2025, 09:18 PM)Patricia Wrote:(01-12-2025, 08:41 PM)kalakoa Wrote: If lawsuits could make any difference, someone would have filed some by now, it's only been how many decades?
That said, please do keep going with the arguments, they are very entertaining, especially for those of us who have long since made peace with the situation.
There are lawsuits. You can find them posted at the link below. It is a site in progress (still working on it, restarted it yesterday).
There is a difference between peace, getting worn down and just giving up.
https://hppowners.godaddysites.com/
Also, other substandard subdivisions have filed lawsuits as well.
Unfortunately, lawsuits are expensive and usually result in patchwork fixes, which result in more lawsuits. The answer to all of this would be GOOD law.
RE: Roads Are Easements Not Planned Communities Or HOAs - Obie - 01-12-2025
HRS 421J is the law you twit.
Live with it and give up your crusade.
RE: Roads Are Easements Not Planned Communities Or HOAs - Durian Fiend - 01-12-2025
(01-10-2025, 08:29 PM)Obie Wrote: Let me answer for her and then she will come in with her usual word salad comment and correct me.Thank you for the explanation.
She believes that the annual association fee should 100% go toward the roads.
There is this from the bylaws and the last several boards have taken this 5% and made a nice little nest egg and have chosen to supply 4 1 acre plots of land to allow all owners of HPP to have a mailbox where they can get mail addressed to their street address.
"Section 3. Compensation for use of Non-Road Maintenance Assets. The road maintenance funds are
restricted funds and shall be used exclusively for road maintenance activities. A portion of road
maintenance funds shall be exclusively used to compensate the Association General Fund for the use of
the Association's non-road maintenance assets for road maintenance purposes. The amount of
compensation shall be determined annually by the board and shall not exceed 5% of road maintenance
funds collected in any given year."
This year's road fees are $435.00 per year so $21.75 of everyone's road fees went into a non-road fund.
There are currently 2000 mailboxes and over 8000 lots. 6000 of us will get mailboxes rather than having to drive all over the island. If all $435.00 were applied to road paving, it would be 20 or 30 years before my road would be paved.
At least, I would get an amenity that is fairly common other places.
I'm not a resident of HPP, but wouldn't have any problem with that use of funds.
OTOH, a former acquaintance of mine would probably yell out once again "I'm tired of getting fawked!"
RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-12-2025
"I'm not a resident of HPP, but wouldn't have any problem with that use of funds."
When I go to the store, or pay for a service online, I am often asked if I would care to make a donation on top of my purchase. The donation is not taken out of the fee I am paying for my product or service, without my consent.
I believe in good causes and am always willing to GIVE money to fund those causes.
However, I would have a problem with any vendor, service, or place of work, that felt they are entitled to TAKE. (There are many employers that ASK their employees if they would care to contribute to good causes, and employees, if they AGREE to donating, are allowed to CHOOSE what organizations they will donate to)
The amount of HPP Owner money TAKEN is not a defensible issue. The amount could be $5, $2, one cent. Whatever amount is TAKEN is wrong, even for a good cause.
There was, is a better way to fund non-road projects.
RE: Roads Are Easements Not Planned Communities Or HOAs - MyManao - 01-12-2025
(01-12-2025, 11:00 PM)Patricia Wrote: TAKEN
Hysterical women screaming.
RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-12-2025
(01-12-2025, 11:06 PM)MyManao Wrote:(01-12-2025, 11:00 PM)Patricia Wrote: TAKEN
Hysterical women screaming.
I type on my phone. Too difficult to bold everything, italicize everything. So cap for "emphasis added" (legal term).
I have stated this before. But perhaps it is too hard to read, understand with a closed mind?
RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-12-2025
(01-12-2025, 11:23 PM)HiloJulie Wrote:"That all women are hysterical is really his true meaning."(01-12-2025, 11:06 PM)MyManao Wrote: Hysterical women screaming.
(01-12-2025, 11:13 PM)Patricia Wrote: I type on my phone. Too difficult to bold everything, italicize everything. So cap for "emphasis added" (legal term).
I have stated this before. But perhaps it is too hard to read, understand with a closed mind?
MyManao's use of the term “women” which is the plural of “woman” and then being preceded by the word “hysterical” shows the real closed mindedness as well as the true picture of the type of man MyManao really is – that all women are hysterical is really his true meaning.
In other words, it’s called “misogyny,” albeit in this context, “subtle misogyny.”
I as a woman (singular) am not insulted by anything MyManao, or in fact others, "think." People are entitled to, and do think a lot of unpleasant, untrue, nastiness.
After some of the interactions I have had on this forum, I have learned (not quick enough) that clever people can be as judgmental, condescending, and down-right mean, and juvenile as anyone else. I cannot fix this. So, as difficult as it may be, I am just going to let it roll off and try to stick to the posted TOPICS as best I can. (Yes MyManao, caps again).
Perhaps, instead of trying to ban MM, or call him out, just blow him off?
RE: Roads Are Easements Not Planned Communities Or HOAs - Moderator 2 - 01-12-2025
I am editing off topic arguing into a small font.
Because it’s hard to read. In both meanings of the word hard, difficult and painful.
Next I’ll start deleting.
RE: Roads Are Easements Not Planned Communities Or HOAs - Paddleman - 01-13-2025
(01-12-2025, 07:57 PM)Obie Wrote: HRS 421J was written to address all of these problems.Oh Obie who would that be? No attacks just stating the facts.
Patricia and her lapdogs don't believe this to be true so they talked a lawyer from California who has no standing in the Hawaii court system to sue HPPOA over implementing 421J.
The last 3 boards were advised by 3 different law firm that HPPOA should conform to 421J.
The newest board hired a law firm from Oahu at great cost and they recommended the same thing.
They then paid for an expert opinion from Ekimoto & Morris, the pre eminent authority on 421J and it has been seen byThe judge in the case.
But Patricia says they are all wrong and her lapdogs all eagerly follow along believing her every word.
One of them popped up here to attack me.
The main reason Patricia is here is her Facebook group only attracted 51 members and at any time there are between 100 and 200 people reading Punaweb.
I corrected your FB postings because of incorrect facts and information. Yes the HPP Homeowner is a Attorney in California (which you got correct). But anyone following the lawsuit over the past 2 year's knows this. She is in excellent standing with the California Bar unlike one of the HPPOA Board members. She is NOT representing herself as a unlicensed Attorney in Hawaii but as a private citizen and HPP property owner just like yourself. You were also informed that this issue was raised in Court before the Judge at the very first hearing. He agreed and approved her representing herself as a private citizen and HPP property owner. Also NOBODY talked her into filing this lawsuit. She approached the Board prior to the lawsuit with information on how to try to get the Deed Restricted property changed and was told by the HPPOA Board " To bring it on and we'll take our chances". So she filed this lawsuit.
You were also informed that this lawsuit is NOT JUST ABOUT 421J as you have continued to imply.
It also includes:
1. Using the DEED RESTRICTED property in ways that are restricted in the original deeds. The original developer "Watumull's" and HPPOA agreed to the language, terms and agreed to these specific restrictions. You stated that they are "one of Hawaii's biggest land developers "with VERY EXPENSIVE ATTORNEYS ", and that she (the Plaintiff) was an idiot because she had brought the lawsuit against the Watumull's and HPPOA with their expensive attorneys. The FACTS are that HPPOA dragged the Watumull's into the lawsuit when they filed their 3rd part lawsuit against them and the Watumull's have responded by joining the lawsuit. The Plaintiff had nothing to do with the Watumull's being dragged into the lawsuit as you had stated among other incorrect information. Ironic that the very people that donated these 4 lots to HPPOA and now being sued by HPPOA.
2. The top two HPPOA Board members Failure to perform their fiduciary duty.
3. Misuse of RESTRICTED ROAD fees.
You were also informed that just because this so called pre eminent authority on the 421J report by Ekimoto & Morris was filed to the court (you were corrected on how things are submitted to the court). They do not file it, it was given to HPPOA'S attorneys who then submitted it to the court. Ekimoto & Morris still need to prove the information and facts in their report to the Judge and Jury. So this report is far from anything other than a piece of paper. They are also NOT the ones that will determine the rule of law the Judge will.
Out of 3 different Boards, two with the exception of the present HPPOA Board declined to do anything about the Deed Restricted lots, mailboxes or 421J, due to the cost and the Bylaws which the present HPPOA Board are now trying to change to fit their narrative and agenda.
Patricia is by far not the only HPP homeowner that disagrees with what the present HPPOA Board is doing or spending money on so give it a rest that only she and her 51 followers (lapdogs, as you put it) are the only homeowners, neighbors, friends, and other like mined individuals that have brains in their head that are incapable of making their own decisions. Not only is that insulting but absolutely ridiculous to be that narrow minded.
Now I am sure that you can guess that I am the so called one that popped on here to as you put it to attack you but I have to disagree with you. I provide accurate, provable, and truthful information/facts just like I am doing on this post. Maybe if you feel this way you so should reconsider your personal posts on the other websites because I and others could say and think the same thing about you. I also find it interesting that you rant & rave and take the time to post on as you always imply the "limited 51 member website" rather than on the 3.1k or the larger unrestricted 8.4k website. I would imagine that you would reach a much bigger and diverse membership group but I guess it may be why you don't and it's easier to post away on a website where it is obvious that you think that it's 51 members can't think for themselves and blindly follow the leader (like in that kids game).
I suspect that you will feel that I am personally attacking you again and picking on you specifically, you are within your rights to feel however you want to feel especially since this is the USA. Just try to remember that WE ALL HAVE THE SAME RIGHTS AS YOU to disagree or agree. Oh and by the way the post that you are complaining about, right after I posted it I was welcomed by one of moderators and obviously so far I have/was not restricted, banned or removed so again its all about personal opinions.
Everyone enjoy the rest of your weekend and I look forward to continuing conversations and opinions about this and other topics. Maholo