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+--- Thread: HPP Special Assessment Proposal (/showthread.php?tid=10616)
RE: HPP Special Assessment Proposal - JohnLuchau - 08-21-2012
Well said Daniel.
Board members are unpaid volunteers.
At least you didn't get sued personally by a frivilous litigant like many of us did back in the old days before the corporation was forced into having a master receiver appointed even though the litigant was no longer living. Only proves that the court system in this area is pro litigant and anti community association.
kind regards,
John
John
RE: HPP Special Assessment Proposal - Rob Tucker - 08-21-2012
quote:
Originally posted by JohnLuchau
Well said Daniel.
Board members are unpaid volunteers.
At least you didn't get sued personally by a frivilous litigant like many of us did back in the old days before the corporation was forced into having a master receiver appointed even though the litigant was no longer living. Only proves that the court system in this area is pro litigant and anti community association.
kind regards,
John
John
How would that sense of play be if the litigant was a Community Association?
RE: HPP Special Assessment Proposal - JohnLuchau - 08-21-2012
Aloha Rob,
I'm not certain I follow you. Do you mean frivilous litigant? Do you mean the community association as a litigant against a lotowner?
Just my opinion but suing one another only makes attornies rich and the court system busy. Every suit requires an attorney. If there is not an attorney on retainer then acquiring one and paying their hourly fees is not cheap. Each litigation against the corporation requires an attorney's response because the board has a responsibility to the members of the corporation (you and me) to protect its assets. These things cost money that is taken away from paving the roads or doing administrative duties.
Daniel, about the roads and which ones to pave first. Either top down or bottom up. Top roads get more rain which makes more potholes and therefore require more maintenance. In dry times they all have dust. Just would like the board to make a decision then carry it out.
John
RE: HPP Special Assessment Proposal - DanielP - 08-21-2012
John,
I suggested every 4th-8th road to start, thus providing thru roads to distribute traffic patterns and lessen dust gradually thruout.
I wonder if the state would join the County with HPP as violators, given the circumstances of the initial permitting?
Fat chance.
Dan
RE: HPP Special Assessment Proposal - JohnLuchau - 08-22-2012
Aloha Daniel,
I suggested something similar in a letter to the board several years ago before they started the paving project. They pretty much ignored my recommendations with the exception of Paradise Ala Kai and roads leading to it plus the roads leading from the fire station. They still haven't paved the ones I thought somewhat important (Roads connecting 20 acre parcels) with the exception of the ones near the association office.
We'll just have to wait and see how it plays out.
John
John
RE: HPP Special Assessment Proposal - DanielP - 08-22-2012
It seems that the EPA has created some newer and more strict laws since HPP was developed and are putting pressure on the States to put some teeth in these newer regulations. This MAY be a source of (in my opinion) sabre rattling by the State.
The fugitive dust regs on agriculture were all but nil "back in the day" when HPP was created. HPP is zoned AG, right?
It's my guess that if fines were levied and then challenged in court, they would not pass muster.
Dan