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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 - Patricia - 01-12-2025
More for substandard subdivision property owners and prospective owners in Puna, Hawaii to know.
From the Hawaii DCCA (Department of Commerce and Consumer Affairs):
"Homeowners associations/planned community associations are governed by HRS, chapter 421J and cooperatives by HRS, chapter 421I.
Currently, there is no state government agency with jurisdiction, oversight or responsibility of either chapter."
So.... Even IF an association IS an HOA qualifies as a Planned Community or cooperative (which road associations do not) there is NO OVERSIGHT. NOTHING. The only recourse is:
"You may call the Hawaii State Bar Association for a legal expert referral at (808) 537-1868 for any issues or concerns regarding homeowners associations/planned community associations or cooperatives."
RE: Roads Are Easements Not Planned Communities Or HOAs - TomK - 01-12-2025
Have you called the police? If you haven't, it looks as though you are making things up and possibly defaming someone.
RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-12-2025
(01-12-2025, 07:58 AM)Patricia Wrote: More for substandard subdivision property owners and prospective owners in Puna, Hawaii to know.
From the Hawaii DCCA (Department of Commerce and Consumer Affairs):
"Homeowners associations/planned community associations are governed by HRS, chapter 421J and cooperatives by HRS, chapter 421I.
Currently, there is no state government agency with jurisdiction, oversight or responsibility of either chapter."
So.... Even IF an association IS an HOA qualifies as a Planned Community or cooperative (which road associations do not) there is NO OVERSIGHT. NOTHING. The only recourse is:
"You may call the Hawaii State Bar Association for a legal expert referral at (808) 537-1868 for any issues or concerns regarding homeowners associations/planned community associations or cooperatives."
In other words, the only way owners can make associations (ANY associations) in Hawaii follow rule and law is to SUE them.
RE: Roads Are Easements Not Planned Communities Or HOAs - MyManao - 01-12-2025
(01-12-2025, 06:10 PM)Patricia Wrote: In other words, the only way owners can make associations (ANY associations) in Hawaii follow rule and law is to SUE them.
SUE SUE SUE.. that's it, eh? In all caps to boot! You're a frickin' moron that doesn't belong in Hawaii. Give it up already and go away. Nobody wants your negative nonsense.
RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-12-2025
Being informed is not negative. The fact that substandard subdivision owners in Puna, Hawaii, or even HOAs, Planned Communities, or Co-ops, have no other recourse but to SUE their associations/corporations if those associations/corporations do not follow rule and law is problematic. The situation is also problematic for the Hawaii courts that are clogged with cases. And for owners, who many times lose out whether they win or not, because of all the money that is pumped into these cases.
So, if any of you wish to think of this ineffectual system of "checks and balances" as "negative," then yes, it definitely is. In fact, the state legislature is aware of this, and has supposedly been working on a bill and looking into an Oversight Task Force. Unfortunately, the legislature is slow to address the issues that condominium, HOA, etc., owners face in Hawaii. In addition, the State legislature, while perhaps well meaning, do not seem to understand the unique problems that substandard subdivisions face. And instead, try to "regulate" the road associations by recycling law that is meant for planned communities , HOA, etc., and the result (well meaning but bad law) only make matters worse, resulting in MORE lawsuits.
RE: Roads Are Easements Not Planned Communities Or HOAs - HereOnThePrimalEdge - 01-12-2025
Even IF an association IS an HOA qualifies as a Planned Community or cooperative… there is NO OVERSIGHT. NOTHING. The only recourse is:
"You may call the Hawaii State Bar Association for a legal expert referral …
This information might have been a good place to start the thread. So we would have been better prepared for the Biblical nature of events that came to pass:
"And they will throw them into the fiery furnace, where there will be wailing and gnashing of teeth"
Matthew 13:42
RE: Roads Are Easements Not Planned Communities Or HOAs - MyManao - 01-12-2025
(01-12-2025, 06:39 PM)Patricia Wrote: have no other recourse but to SUE...
I think it's long past time HPP guys consider suing you.
RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-12-2025
Letter to a State Representative dated 2/21/24
Thank you so much for getting back with me. It is much appreciated.
I have read Act 200. Interesting. Is there a way to keep me and other HPP Owners updated as to what is occurring? As in, what the committees is reviewing?
I have quite a bit of information/history regarding Paradise Hui Hanalike, the Hawaiian Paradise Park Corporation (Watumull), several court cases (not just 6595) the Hui Hanalike Road Committee, subsequent receivership, "formation" of HPPOA, and more. I am not sure if or how much it might help you, as I am not altogether sure what your committee plans on evaluating. But I do agree that the courts, and the state, have created patchwork fixes that have resulted in a confused and inadequate system of "governance" for HPPOA and other, large substandard housing districts. And in all honesty, I believe that "fixing" the current situation, while good intentioned, will only lead to more of the same "patchwork" mess. Because, and with all due respect, lumping the issues of Owners who live in planned communities, and mandatory developer HOA's, with those of Owners who solely have an obligation to contribute to the maintenance of their community's private roads creates bad law that results in complications and confusion, which then leads to misinterpretation and lawsuits.
Quite simply (but not so simple at all) the entire private system of "road maintenance organization" needs to be revisited and reworked, as its OWN issue.
If there is any way I can help you and your committee, please let me know.
Also, would it be possible for you to point me in the direction of whom I should contact, regarding HB1509?
Again, your time is much appreciated.
Mahalo nui loa,
Patricia
RE: Roads Are Easements Not Planned Communities Or HOAs - Obie - 01-12-2025
HRS 421J was written to address all of these problems.
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.
RE: Roads Are Easements Not Planned Communities Or HOAs - Patricia - 01-12-2025
(01-12-2025, 07:57 PM)Obie Wrote: HRS 421J was written to address all of these problems.
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.
A lot of personal attacks, partial truths, misleading, and misinformation. But that is how your group rolls. So, I have decided not to address your nonsense. No point. Plus it deflects from the true issues. So, I will just continue to post the facts.
Enjoy.