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Most of the road associations just put a lien on the property.This has been upheld by the courts over and over.Here is the OLCA bylaw that covers that :
"ARTICLE IV — MRMA & COLLECTION
All owners of lots abutting private roadways shall be assessed MRMA as authorized by the State of Hawaii Court Summary Judgment dated April 3, 1992 and further clarified by the ruling in Civil #06-01-099, OLCA vs. Murakami. Changes in the MRMA shall be recommended by the BOD and submitted for approval to the membership by a simple majority of the votes cast.
Upon any lot owner becoming delinquent for more than one year after the due date for payment, the BOD may enforce collection by obtaining a judgment against the property owner for the payment of MRMA, and then registering the judgment with an assistant registrar of the Bureau of Conveyances or Land Court of the State of Hawaii. Such claim shall list the name of the delinquent owner(s), the property affected, and the amount claimed at the time of filing. All costs and interest plus fees incurred by Orchidland Community Association, Inc. to prepare, record and release its lien will be added to the amount delinquent. Foreclosure proceedings against seriously delinquent property owners and their lot shall not be permitted. This shall not, however, bar any other remedy available to the association pursuant to law."
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quote:
Originally posted by Amrita
Terrecore especially and a few others continue to support the fako representation by their claims they cannot tell who is the real board and thereby do disservice to our community. It is very simple. Go here: http://orchidland.org/
Both boards are claiming ownership of that website but only one of them have the password. It could be that the legitimate board has it, but it is one of the issues allegedly in the lawsuit.
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It is very simple. Go here: http://orchidland.org/
Not Facebook, so obviously fake.
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Most of the road associations just put a lien on the property.
True, but then you quote the OLCA Bylaws:
Upon any lot owner becoming delinquent for more than one year after the due date for payment, the BOD may enforce collection by obtaining a judgment against the property owner for the payment of MRMA, and then registering the judgment with an assistant registrar of the Bureau of Conveyances or Land Court of the State of Hawaii.
Therein lies the problem. With the fees at $100 per year and the statute of limitations at 6 years, the question becomes: Can we hire an attorney and go through the judicial process for less than $600? The answer is “probably not”, and if the court action is challenged in any way then the answer becomes “definitely not”.
This is strangely ironic. About 10 years ago OLCA began using foreclosure as a tool for collections, knowing that the law did not support it. The premise was “No one will fight this. No one is going to spend 5 or 10 or $20,000 to avoid paying a $1000 bill.” They were wrong, and now they are faced with the same dilemma.
To be fair, that was a different BoD, and this group obviously sees and respects the dilemma. That’s why they are looking for different angles.
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quote:
Originally posted by My 2 cents
Most of the road associations just put a lien on the property.
True, but then you quote the OLCA Bylaws:
Upon any lot owner becoming delinquent for more than one year after the due date for payment, the BOD may enforce collection by obtaining a judgment against the property owner for the payment of MRMA, and then registering the judgment with an assistant registrar of the Bureau of Conveyances or Land Court of the State of Hawaii.
Therein lies the problem. With the fees at $100 per year and the statute of limitations at 6 years, the question becomes: Can we hire an attorney and go through the judicial process for less than $600? The answer is “probably not”, and if the court action is challenged in any way then the answer becomes “definitely not”.
This is strangely ironic. About 10 years ago OLCA began using foreclosure as a tool for collections, knowing that the law did not support it. The premise was “No one will fight this. No one is going to spend 5 or 10 or $20,000 to avoid paying a $1000 bill.” They were wrong, and now they are faced with the same dilemma.
To be fair, that was a different BoD, and this group obviously sees and respects the dilemma. That’s why they are looking for different angles.
They just file a new lien every 5 years.
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You are missing the point. They can't "just put a lien on the property". They have to get a judicial determination of the amount first. It's the part of the bylaws that you quoted that says: "by obtaining a judgment against the property owner". This means hiring an attorney and going to court. Every 5-6 years for each account.
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quote:
Originally posted by My 2 cents
You are missing the point. They can't "just put a lien on the property". They have to get a judicial determination of the amount first. It's the part of the bylaws that you quoted that says: "by obtaining a judgment against the property owner". This means hiring an attorney and going to court. Every 5-6 years for each account.
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.
"HOA and COA Foreclosures in Hawaii
If you default on the assessments, the HOA or COA can foreclose. A common misconception is that the association cannot foreclose if you are current with your mortgage payments. However, the association’s right to foreclose has nothing to do with whether you are current on your mortgage payments.
In Hawaii, an HOA or COA may foreclose its lien judicially or nonjudicially (Haw. Rev. Stat. § 421J-10.5(a), § 514B-146(a)). HOAs and COAs have their own nonjudicial foreclosure process under state law, which is separate from that of mortgage lenders (Haw. Rev. Stat. § 667-91 et seq.)"
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HOAs and COAs have their own nonjudicial foreclosure process under state law
Only if they're "legitimate" ... otherwise I'll just start a "Puna HOA" and put liens on everyone, starting with PGV.
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If they'd not,who is doing the roadwork?
Kw
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So with this precedent, can HARC start putting liens on people's property?
