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Roads Are Easements Not Planned Communities Or HOAs - Printable Version

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RE: Roads Are Easements Not Planned Communities Or HOAs - TomK - 01-11-2025

(01-10-2025, 10:23 PM)Patricia Wrote: [...] NONE of you know me. Instead, some of you have decided to ignore or worse, discount any info I post, either because you do not like it, it makes you uncomfortable, it is inconvenient, or because of a combination of all of those. 

I don't think that's the case at all. You don't answer questions, so discounting your information is the easiest option.  It's got nothing to do with people liking or disliking your information. You may justify it by saying that some find your posts uncomfortable or inconvenient, but I certainly don't. I find them vacuous and uninteresting and terribly long-winded.


RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-11-2025

(01-11-2025, 06:18 AM)HiloJulie Wrote: Thank you for your reply Patricia.

My response is as follows: (which are my observations and opinions of those observations and is in no way intended to be an insult, or insulting in any way, shape or form)

I have found both the 2023-24 audited financial statement as well as the 2024-25 budget as you have stated above from the HPP website.

As I understand it, in accordance with the bylaws as amended, allows for THE BOARD to set the amount of compensation, not to exceed 5% of the road maintenance funds collected per year for "non road maintenance" expenses. As I can see in the audited financial statement, this amount for 2023-24 was $166,187.00. As you stated and as I can see in the 2024-25 budget, the amount has been BUDGETED to be $170,000.00.

Nowhere do I see in the charter, or the information you have provided, any stipulation of what this compensation can be spent on other than "non-road maintenance." 

When considering that HPP is more or less a "business" that is doing 4 to 4.5 million a year in revenue and with a net worth a little north of 10 million, I'd say that 170k a year is chicken feed. I personally think your expectation of what "non-road expenses" are, or should be, differs quite vastly from what is reality as well to how, in accordance with GAAP as well as FASB standards require direct road and non-road expenses be reported.

Further, the audited financial statement is, in most cases, not a rubber stamp document, and in as much as it does contain some rather concerning comments about basic expenditure approvals, as well as policy and procedures and a rather embarrassing rebuke about the proper way to "void checks," and then the whole GET tax issue - which to me does raise an interesting question as to if the 5% of the road fee assessment portion is subject to GET Tax since it technically is a "non-maintenance" item but, in the end the auditor has signed off on HPPOA's financial statements with the standard "in all material aspects" to be accurate and correct.

"Skimming," "nest eggs" and other terminology such as that, if being employed by HPPOA, its Board and/or its Officers, would never get past any reliable auditing firm.

I will state that for the financial size HPP is and after reading the audited financial statements and seeing the 2024-25 budget spreadsheet, I am appalled at the archaic methods of accounting and financial reporting being used. While it is in compliance with GAAP and FASB, it's just by a hair. And when you consider in today's age, the cost of a decent, detailed and comprehensive accounting system is again, chicken feed to what HPPOA's size is coupled with hobbled together Excel spreadsheets no doubt "borrowed" from someone's former employer to me are quite ridiculous coupled with the GET Tax matter as discussed above. Any modern up to date accounting system would automatically determine what is and is not subject to the billing for and collection of and payment of Hawaii's GET tax.

However, that all being said, I don't see there being anything out of line with what HPPOA has or is doing, including the entire mailbox park matter. Which also touches base with the whole 414-D and 421-J, which has had three reputable law firms advise that HPPOA falls under both in various ways, as well as being mentioned and confirmed within the audited financial statement notes.

Now, to me, I would think a better focus on HPP, considering that the road fees are mandatory, and represents the other 95% of what you pay, but what is the measurement of "bang for your buck" there?

Are the assets being properly used? Normal wear and tear versus abusive damage? Check the oil AFTER the engine blows up? Are you paying for a mile of paved road but only getting 3/4 of a mile actually paved?

Where is the grain of sand detail concern for the actual accounting of and performance of the other 95% of the money you are paying?

As my grandfather and my father who both managed hundreds of millions of dollars of contract work (very successfully I might add) erecting boilers for power plants all over the country would always say "when you're bending over picking up those pennies, hundred-dollar bills are flying right over your head!"

At any event, I'm sure my words will upset a few.

Not upset. I just don't agree with you. 

HPPOA is supposed to function as an administrator, with respect to road maintenance fee money. No one asked them to do this. No one forced them to do this. They are not doing HPP owners any favors. 

HPPOA agreed to certain restrictions that define their administrative duties. Among these are that road maintenance activities and the cost for, are to be kept separate from HPPOA's voluntary club activities and expenses. HPPOA was not "hired" to make money as a road maintenance administrator. IF HPPOA is charging owners a 5% administrative fee ($170,000/ year) which is NOT compensation, then HPPOA is making a profit (because they are not being compensated for anything) and they should disclose this "fee" and claim it on their taxes as such. 

HPPOA is claiming "compensation." But there is none owed to them, aside from the  rental of the clubhouse. 

HPPOA has never bothered to bend and pick up pennies. They have always aimed MUCH higher.


RE: Roads Are Easements Not Planned Communities Or HOAs - HiloJulie - 01-11-2025

(01-11-2025, 07:13 AM)Patricia Wrote: Not upset. I just don't agree with you.

Well, yes, you are free to not agree with me.

As I am to not agree with you.

But I have no real skin in the game, don’t live in HPP and where I live in Hawaiian Acres, I pay my annual road fees which are voluntarily and our association fees which are semi sorta mandatory on our 3 lots and chalk it up to as kalakoa calls it, a “nuisance fee” and then I enjoy my husband, my dog Barney, the grand kids when they come to visit as well as our kids when they do visit after dumping the grand kids off, our neighbors and neighborhood, our house and yard and love it!

But you are also not agreeing with 3 reputable law firms, a certified public accountant, and the functions of a duly elected Board of Directors.

I don’t agree with the speed limit on HWY 130 being lowered to 45MPH. That does not mean I can continue to drive 55, I just “can’t drive 55!”

At any event, have fun with whatever it is you think you are doing for whatever good you think you are trying to accomplish.

I must say you do work hard at whatever that is!


RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-11-2025

(01-11-2025, 07:51 AM)HiloJulie Wrote:
(01-11-2025, 07:13 AM)Patricia Wrote: Not upset. I just don't agree with you.

Well, yes, you are free to not agree with me.

As I am to not agree with you.

But I have no real skin in the game, don’t live in HPP and where I live in Hawaiian Acres, I pay my annual road fees which are voluntarily and our association fees which are semi sorta mandatory on our 3 lots and chalk it up to as kalakoa calls it, a “nuisance fee” and then I enjoy my husband, my dog Barney, the grand kids when they come to visit as well as our kids when they do visit after dumping the grand kids off, our neighbors and neighborhood, our house and yard and love it!

But you are also not agreeing with 3 reputable law firms, a certified public accountant, and the functions of a duly elected Board of Directors.

I don’t agree with the speed limit on HWY 130 being lowered to 45MPH. That does not mean I can continue to drive 55, I just “can’t drive 55!”

At any event, have fun with whatever it is you think you are doing for whatever good you think you are trying to accomplish.

I must say you do work hard at whatever that is!

Hmm... Not sure how to take that. Pleasant chit chat? Sharing? (Visiting grandkids and a dog named Barney sound fun.) Or just more dismissive/make fun snark?

Either way, I guess, thanks.

As for attorneys, you and I both know that money talks and can buy a lot. Still, if the attorneys info and clients are lacking... Well, money can only go so far and do so much. 

I have appreciated our actual dialogue, this time around. 

Have a good rest of your evening. Wishing you well (Barney too Smile


RE: Roads Are Easements Not Planned Communities Or HOAs - Obie - 01-11-2025

`Hot off of Patricia's Facebook Group.

HPP OWNERS YOUR ROAD MAINTENANCE FEES ARE NOT DUE UNTIL 3/31/2025 (Last Day & NO LATE FEE) MAKE HPPOA WAIT ?

What a wonderful addition she is to our neighborhood.


RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-11-2025

(01-11-2025, 03:48 PM)Obie Wrote: `Hot off of Patricia's Facebook Group.

HPP OWNERS YOUR ROAD MAINTENANCE FEES ARE NOT DUE UNTIL 3/31/2025 (Last Day & NO LATE FEE) MAKE HPPOA WAIT ?

What a wonderful addition she is to our neighborhood.

Yep. 
Thanks for sharing, Mr. O
Feel free to read more. 

https://www.facebook.com/share/p/193s3P3CLz/


RE: Roads Are Easements Not Planned Communities Or HOAs - Obie - 01-11-2025

No thanks. I haven't had breakfast yet. Some of the posts are so vile that they make me ill.

I'm curious about this :
NEW 2 LEVEL DWELLING ON POST AND PIER. LOWER LEVEL: OPEN STORAGE AREA, TWO EXTERIOR STAIRS TO UPPER LEVEL; UPPER LEVEL: 4 BEDROOMS, 2 BATHROOMS, KITCHEN WITH SINK IN ISLAND, DINING ROOM, LIVING ROOM, POWDER ROOM, LAUNDRY WITH LAUNDRY TRAY, COVERED LANAI,

I don't see any new building permits but the open storage area now has a garage door and friends of mine have spoken to people who have rented your downstairs ohana. They were accessing it through your illegal gate.

I'll have to check on that with the county on Monday.

I can't imagine why someone who is hell bent on destroying the HPPOA for not following the bylaws to your satisfaction, would violate county ordinances.


RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-11-2025

(01-11-2025, 05:58 PM)Obie Wrote: No thanks. I haven't had breakfast yet. Some of the posts are so vile that they make me ill.

I'm curious about this :
NEW 2 LEVEL DWELLING ON POST AND PIER. LOWER LEVEL: OPEN STORAGE AREA, TWO EXTERIOR STAIRS TO UPPER LEVEL; UPPER LEVEL: 4 BEDROOMS, 2 BATHROOMS, KITCHEN WITH SINK IN ISLAND, DINING ROOM, LIVING ROOM, POWDER ROOM, LAUNDRY WITH LAUNDRY TRAY, COVERED LANAI,

I don't see any new building permits but the open storage area now has a garage door and friends of mine have spoken to people who have rented your downstairs ohana. They were accessing it through your illegal gate.

I'll have to check on that with the county on Monday.

I can't imagine why someone who is hell bent on destroying the HPPOA for not following the bylaws to your satisfaction, would violate county ordinances.

Oh, ha, ha! We have never rented anything to anyone. So the "people" you have spoken to must be smoking some powerful pakalolo! (Also, my mother doesn't sleep with strangers.)

If anything, "the space" is definitely an ohana. In fact, it is more than that seeing as my mother, along with my husband and I are ALL on the deed. Not that the info is really any of your business, but since you are taking the time to look things up about our property I figure I'd help you out. 

As for "the space," it was there when we moved in. It was pictured in the realty listing, went through inspection, escrow, everything. Same with the gate. All signed off. And that's been a few years now. So...

But, Mr. O brings up a good point. And this is another thing owners and prospective owners need to know about- Hawaii County, actually the Hawaii state permitting, contractors and inspections, ALL have been confused for years- changes, more changes, too many hands. I would imagine that A LOT of older homes in HPP, and other substandard subdivisions in Puna, Hawaii, do not precisely match their descriptions (there are even COUNTY projects that are like this). Usually, depending on the discrepancy it is not too big of a deal. Still, when you have a stalker like Mr. O, who is going to try to make trouble for you and upset an elderly family member in the process... Yeah, a nuisance. 

You, Mr. O.,  and the other person (who will remain "unknown") really are tragically pathetic. She (the other person) DMs me and threatens my family. And then you threaten my family on a social media platform. 

HPPOA is a multi-million dollar corporation- a BUSINESS. There is nothing personal about my calling them out and questioning their fiduciary duty. 

What you are doing, THREATENING my family, is personal. But then you, the other board supporters, and some on the board seem a little nervous. As I was threatened by one of the HPPOA attorneys, was informed that some on the board were considering suing me, and now this. 

IF what I am saying is not truthful, IF what I am saying is just my "spin" and "opinion" then WHY do you, the other board supporters, some on the board, and apparently their attorney care? 

Pathetic. Pathetic and NASTY. 

     


RE: Roads Are Easements Not Planned Communities Or HOAs - Obie - 01-11-2025

That screenshot you posted wasn't from me but then you and your nasty group have suspected me of being 3 or 4 people who I am not.

The gate was illegal when your mother bought the house and still is. It creates a traffic hazard and you have sure screamed about traffic hazards. Going to Board Meetings and complaining over and over.

Your very 1st board meeting you attended was to bitch about the dust from the road and that was because I believe you were in Wyoming and you hadn't seen the house in person. You were going to call for the water truck multiple times a day until the board paved the road.

Accusing the volunteer board members of skimming money and building a nest egg when they are just following the bylaws is pretty pathetic and despicable.

The reason why you weren't allowed to have a garage door is because you are in and SMA and a tsunami zone. I'm looking out for you neighbors who will be impacted by your illegal actions. The house is post and pier facing the ocean.


RE: Roads Are Easements Not Planned Communities Or HOAs - HereOnThePrimalEdge - 01-11-2025

A lot of this discussion, the interpretation of legal details, or misinterpretation of legal details, reminds me of the people who claimed there was no binding legal requirement that you pay taxes, or the Native Hawaiians who flew to The Hague and discovered some international loophole proving paperwork wasn’t properly completed or filed or another claim.

The anti tax people usually were fined or jailed.  The international legal researchers generally had no standing in the courts for their efforts.