Orchidland B of D liability issue

[David M]

Ahhh, the joys of having a HOA.....

David

Ninole Resident

[Big_Island]

This is how I remember the whole thing....

Somehow a Husband and Wife got elected to the board.
The Husband started foreclosing procedures on people who were behind in their dues... Somehow they also approved buying a large metal building to house the road equipment, the only problem was the building was on the road equiptments own property (they claimed it was for security reasons). When this reached the Orchidland Community, it angered many... Some were very upset about the foreclosure notices because their deeds to their land were from back before Hawaii was even a state and didnt have any mention of any HOA and felt they were exempt from any HOA Dues.

There was a very emotional meeting where it was decided to take a vote on weather the actions of the current board was cause for removing them from the board of directors...
Voted succeeded and most of the BOD was replaced...

The lawsuits are being brought against the Orchidland Community by the former BOD, who were voted out....

[Kahunascott]

This is only one reason I would never live in a development with CC&R’s and a Board of Jerks.

"Many dreams come true and some have silver linings, I look for my dreams and a pocket full of gold" Led Zeppelin

[gtill]

Merry Christmas Lawyers!

[jerry]

Big Island,

I think you have some of your information wrong, and are missing some important facts. For example, the husband and wife you mention did not have anything done on their property, that was the road manager.

Several years ago the OLCA was owed almost $300,000.00 in unpaid road fees. A number of people had never paid any fees. There were several reasons given. Some people did not want roads maintained, some people thought road fees should be voluntary, some thought it did not apply to anyone who owned their property prior to 1993, etc.

An attempt to collect unpaid fees was begun and was quite successful. As part of this, in extreme cases there was threat of foreclosure. This became a hot button topic, going so far as to have one community member threaten to burn down the house of a board member.

To complicate financial matters, after the October(?) deluge the board spent tens of thousands of dollars more than they had to put cinder on all the roads. That brought an effective end to road maintenance for some time.

I think the OLCA statement quoted by Big Island has some information that is incorrect, hearsay or opinion. For these reasons I have asked the OLCA board to remove my name from their website. I would also ask Big Island (and Rob, if need be) to edit his post and remove my name.


Jerry
Art and Orchids B&B
http://www.artandorchids.com

[John S. Rabi]

quote:

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Originally posted by Kahunascott

This is only one reason I would never live in a development with CC&R’s and a Board of Jerks.

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I believe Orchidland Estates does not have CC&Rs. However, you have to have some kind of body to oversee the road maintenance in the private-road subdivisions. The Hawaii Supreme Court already ruled in favor of the home owner association (HOVE) several years ago and gave the power to them to foreclose on property owners who didn't pay the road maintenance fees.

Aloha,
John S. Rabi, GM,ARB,BFT,CM,CBR,FHS,PB,RB
808.989.1314
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"

[Big_Island]

Sorry Jerry and I thank you for letting me know more about the situation. Its a shame our community is at such odds with one another.