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+--- Thread: HPP road maintainence (/showthread.php?tid=17721)
RE: HPP road maintainence - mermaid53 - 02-08-2017
Reni, from what I understand, there are no provisions in our bylaws to "represent us w/the USPS and bill us for mailboxes".
Excerpt from the revised board pres update msg handed out 6 Feb 2017: (she says the one inserted w/our road bill was an error)
"In 2017 we will continue chip sealing roads in the park using monies from collections on past due accounts. Each year we plan to look at the past due monies collected and budget for more roads to be chip sealed."
They will never catch up w/their primary duties if they continue on the same CS path and according to the pres msg, that is exactly what they intend to do. And they have reduced what was once the road material budget (pre Jul 2014 boards) per fiscal yr from $250,000 down to $100,000, a 60% reduction. Where's the $150,000 going??? CS?
CS is a very expensive project that will span many years if these reps continue on this path that NONE of us voted for. The board should explain how they came up w/$700,000 recently since the FC May 2016 report of a budget of $300,000 for CS. Where did the extra $400,000 come from? Road maint?
9 reps and 1 employee GM are Dictating and strong arming CS onto over 8,700 members and we DID NOT vote for it!!! No Vote that CS would be #1 priority over the maint of our roads and easements and road safety. No Vote that the membership wanted CS on ALL our dirt roads, instead of asphalt as improvements. No Vote to commit OUR $$$ to this project for many years to come. SAY NO to CS. The board and GM exists to perform duties FOR the Association (members) = normal day to day operations which supports the maintenance of our roads and property. Anything above and beyond should be passed through the membership FIRST. They aren't to be self serving, arrogant, hostile or dismissive of the membership. Who in the heck do they think they are? Dictators?
Dictatorship: "a government or country in which absolute power is held by a dictator or small clique.
What if WE don't want CS on our roads? I want a good dirt road now, as I am entitled to after paying my road fees, and for 5 yrs, there's been no road material dropped. With previous budgets (pre Jul 2014 boards) of $250,000 per yr, lots of roads would get serviced w/road material every year. I requested road material Mar 2016, not the el cheapo variety either, and not a pot hole band aid fix that washes away after heavy rainfall.
We have the right to say NO to CS if we don't want it on our road, it's OUR $$$$. As Johnd said in an earlier post, CS will be the board's downfall.... and ultimately OURS if we let them get away with it. I repeat, Dist reps 5, 6 and 2 this will be your legacy as you are the driving force behind CS since it's inception...(spearheaded by Dist 5 rep) and HPP is in the worst shape ever in HPP history. As the CS fails, will these reps reimburse the Association? Are they going to come back and remove it at their own expense when it starts crumbling w/weeds growing through it? NO. It'll come out of OUR road fees.
The contractor who guided HPP in CS and is renting HPP his CS equipment, during questioning regarding Orchidland's complaint against him on the botched CS job, admitted that for CS to be a benefit on dirt roads, you have to have minimum 3 layers of chip seal. We have ONE layer on each of our four CS roads. There's a small subdivision on the BI that has 5 layers of CS..."small" subdivision, "5" layers, low traffic. We have 1 layer.
A member who owns property in Orchidland as well warned HPP to NOT go w/CS as he doesn't want to see HPP make the same mistake. He showed us what CS looks like when it starts to fail and crumble. Some have said that IF we were to get at least 3 layers of CS laid down, then you're looking at pricing close to asphalt so might as well go w/ asphalt. I heard it was doable to pave one road per year w/asphalt by a previous FC. This will never happen now that they are CS'g instead. Asphalt obviously is a better product, CS is cheap looking (esp 1 layer). The comeback of asphalt is a decade. CS requires a comeback cycle of every 3-5 yrs if it's 3 layers or more. We have 1 layer and one of the CS roads already required maint in less than a yr. We have the wrong climate and weather for CS and couple that w/1 layer of it....I heard if they're using lots of water during the CS process, then they're doing it wrong. Hence the purchase of a water truck for CS in 2015 bc the GM said they'd be using LOTS of water.
How will CS hold up to big equipment? Will you or a contractor on your property doing a job be assessed fines if/when the thinly laid CS gets damaged by big equipment?
Before completing CS on all OUR roads, the cycle will begin again on the completed roads. Is someone making $$$ off this project? Something's not right. Otherwise, why are they dismissing the membership's right to vote yea or nay? Why are they obstructing the FC from having their mtgs and give them all the financial details they're entitled to have to do their checks and balances for the membership? It's up to US to stop this chaos.
RE: HPP road maintainence - mermaid53 - 02-09-2017
Reni wrote:
... have been debating the "mail box assessment" and most likely will even pay this..under protest... if this latest nonsense passes.
Will someone please tell me , WHERE IN OUR BYLAWS, our board has the legal right to represent us with the USPS and bill us for mail boxes? I think they overstepping their rights with this one which could result in a class action law suit. What do the rest of you think?
I would like to respond to this further but take it to the mailbox thread since this is about mailboxes.
RE: HPP road maintainence - Johnd - 02-09-2017
quote:Yes, a class action suit may be the right and only way to address all these issues. According to some merbeship meeting attendees, the Board did not care to listen to what was said to them. I for one is looking for other serious property owners that would consider this option. If the AG is not moving then the State Representatives needs to be consulted, we are a huge constituency who see itself powerless... against a revolving door board of volunteers! Who at this time have messed up big time.
Originally posted by reni
Thanks for clarification, Kalakoa! we taxpayers get to pay for another "study".
Some have posted on this thread that they do not intend to pay their road fees this year.
Understandable.
... have been debating the "mail box assessment" and most likely will even pay this..under protest... if this latest nonsense passes.
Will someone please tell me , WHERE IN OUR BYLAWS, our board has the legal right to represent us with the USPS and bill us for mail boxes? I think they overstepping their rights with this one which could result in a class action law suit. What do the rest of you think?
RE: HPP road maintainence - Chas - 02-09-2017
I'm in!
RE: HPP road maintainence - leilanidude - 02-09-2017
Wouldn't a class action suit simply be a suit against yourselves? Meaning no matter what the outcome, you pay both ways.
RE: HPP road maintainence - Johnd - 02-09-2017
quote:The only one that has those and other answers is an experienced law firm. Interested property owners need to organize to study all options and ensure that only those who are genuine join in.
Originally posted by leilanidude
Wouldn't a class action suit simply be a suit against yourselves? Meaning no matter what the outcome, you pay both ways.
jdo
RE: HPP road maintainence - Johnd - 02-09-2017
quote:
Originally posted by Kenney
Vote in Legislature TODAY regarding Homeowner's Associations. Submit your testimony. It's due before 9 am. This is our chance to get some help!
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1308&year=2017
Unfortunately, all the testimonies sent by regular folks got there late and it seems they would not be distributed to the legislators. All the big fat cats submitted motions against....the more it shows we need serious advice. I will start making phone calls.
jdo
RE: HPP road maintainence - mermaid53 - 02-09-2017
Johnd wrote:
The only one that has those and other answers is an experienced law firm. Interested property owners need to organize to study all options and ensure that only those who are genuine join in.
And how do you propose those that are interested "join in"? This has been a stumbling block for ions on HPP threads...
This is why I suggested and asked about the email system on PT as a means to communicate w/like minded members.
From what I heard a class action suit is a prerequisite, 1st step towards receivership.
P.S. I know of an atty and he said $20,000 to get the ball rolling.
RE: HPP road maintainence - kalakoa - 02-09-2017
$20,000
Isn't that like 60-70 lots worth of road dues? Hardly an impossible sum...
RE: HPP road maintainence - mermaid53 - 02-09-2017
quote:The catch is "to get the ball rolling". Like our ongoing lawsuit, we're soon going into 3 yrs. The question is will members be in it for the long haul as the atty fees start to rack up. That's why the claimants in the arbitration w/drew. The board didn't win the case, the claimants Withdrew, Pulled Out, bc of mounting costs due to the board hiring 2 expensive attys.
Originally posted by kalakoa
$20,000
Isn't that like 60-70 lots worth of road dues? Hardly an impossible sum...
The question is how soon would the Receivership kick in and what would happen to the Bond? Would the Bond get called? Lots of questions need to be answered during atty consultation.