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+--- Thread: Orchidland Road Fee (/showthread.php?tid=17561)
RE: Orchidland Road Fee - My 2 cents - 09-07-2016
There are special laws in Hawaii in regard to HOA's and liens.It does not require a lawyer or a judicial judgement.The secretary of the HOA just needs to record the lien with the Bureau of Conveyances.
Obie, you are just playing with me now, right? From the OLCA Bylaws:
Article I Section 2. DESCRIPTION. Orchidland Community Association is a 501 © 4 non-profit corporation, and is not a planned community association and does not fall under the jurisdiction of Hawaii Revised Statutes Section 421J, or any other statute pertaining to “planned” community associations or common interest developments.
RE: Orchidland Road Fee - Obie - 09-07-2016
Sorry,I stand corrected. OCLA's bylaws are clearly different that the bylaws of the HOA I belong to.
We can use a much easier method that does not require the use of lawyers and court orders.
The secretary files a lien with the Bureau of Conveyances and we just wait for the property to change hands.
RE: Orchidland Road Fee - shockwave rider - 09-07-2016
Maybe, before people chime in with sweeping statements about how HOAs they do not belong to operate, they should take a minute to think that not all HOAs have the same bylaws, and depending on how and when the bylaws were written, have different legal standing to enforce said bylaws.
RE: Orchidland Road Fee - kalakoa - 09-07-2016
different legal standing to enforce said bylaws
Especially those HOAs which are pre-Statehood.
RE: Orchidland Road Fee - My 2 cents - 09-07-2016
different legal standing to enforce said bylaws
Especially those HOAs which are pre-Statehood.
Or post-development/sale.
RE: Orchidland Road Fee - Obie - 09-07-2016
Maybe my sweeping statement will lead to other HOA's revising their bylaws to simplify the process of collecting their fees via the lien process.
RE: Orchidland Road Fee - My 2 cents - 09-07-2016
Maybe my sweeping statement will lead to other HOA's revising their bylaws to simplify the process of collecting their fees via the lien process.
That can be scary. If the law doesn't support the change, then you will have a BoD that thinks it has powers that are non-existent. That is exactly what happened in Orchidland. Foreclosure put into the bylaws, then a very expensive and losing court battle. A big reason for this current mess. Be very careful about changing bylaws.
RE: Orchidland Road Fee - randomq - 09-07-2016
I'm told several non-planned/non-CC&R Puna subdivisions went to court for the right to place liens for road dues, and won. Something along the lines of "there is a legal requirement for private lot owners to contribute to maintenance of their private roadways". So HARC (for example) could just announce the policy and start placing liens next year. Then when someone challenges it, their D&O insurance would hire a lawyer to defend them in court, and move for summary judgement based on the other subdivision rulings.
RE: Orchidland Road Fee - kalakoa - 09-07-2016
there is a legal requirement for private lot owners to contribute to maintenance
Citation needed.
HARC (for example) could just announce the policy and start placing liens next year.
HARC might get better results if they actually maintained the roads used by people other than HARC board members.
RE: Orchidland Road Fee - randomq - 09-07-2016
Right to charge, request lien judgement, file lien, but not forclose: http://www.harc4u.com/wp-content/uploads/2014/08/Orchidland-Summary-Judgment.pdf
Refers to HPP case, which went to Hawaii Supreme Court:
http://www.harc4u.com/wp-content/uploads/2014/08/HPP-Supreme-Court-Opinion.pdf
"The Supreme Court, Padgett, J., held that where subdivision was created consisting of lots and private roadways servicing them and lot deeds were silent as to any duty to contribute to maintenance of roads, owners of lots abutting roads had legal duty to contribute to necessary road maintenance."
Get out your wallets!