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For anyone interested, the agents for the property (Orchidland Gulsons LLC) is Jaidev Watumul, out of Honolulu & they have refused to pay their road fees & threatened suit since we have been here (over 14years now) It was one of the main reasons why we decided not to buy in Orchidland....
https://qpublic.schneidercorp.com/Application.aspx?AppID=1048&LayerID=23618&PageTypeID=1&PageID=9875&Q=228693812&KeyValue=160090710000
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Those Watumuls Carey mentions are the same bunch who set up the everlasting fiasco that is HPP. They have refused on at least two occasions that I know of to agree to changes in the large acreage HPP deed restrictions and zoning that would likely improve the quality of life for all in the subdivision. So I'm not surprised that they're stiffing Orchidland on road fees.
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Two more interesting (and mostly pointless) facts.
- SureSave (nee Orchidland General) was supposed to pay for a traffic signal at Orchidland/130, which requirement was dismissed as "undue hardship" by a Honolulu bankruptcy proceeding.
- Existing commercial develompent is designated as a "Neighborhood Commercial Center" in the PCDP -- which is purely symbolic, as the PCDP does not of itself create any zoning changes or fund any required infrastructure.
Possible road closure is merely the latest chapter in a long sad story of mismanaged development designed to maintain Puna's "third class" status. Even more amazing, nobody is doing anything about it. The PCDP was passed 11 years ago...
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"they have refused to pay their road fees & threatened suit"
Not quite. They have been paying the fees that were agreed to, but not the commercial fees that were imposed after the fact. And they have only threatened to countersue should OLCA try to collect by suing them. OLCA is the one that is responsible for the majority of the threats, including the latest one.
The deal was made way back, and Mr. Watamul has upheld his end. OLCA is the one trying to change the agreement that was made. They added commercial fees to the bylaws thinking that they could be enforced, i.e., thinking that they can make law and enforce changes to contracts in the board room. The courts will not see it this way.
To add a little perspective as to why they might not want to agree to pay the commercial fees, you have to put yourself in their shoes. Once they agree to the change, they are now bound to it. Who sets the rate? The board? The membership? Either way they are vastly outnumbered and they would have little recourse if the fees become unreasonable. But of course we all know that our board and membership are always reasonable, right?
The deal that was made was not a good one for Orchidland, but empty threats and aggression will not solve it. In fact I expect it to backfire. They plan to go to the county with the threat of closing the road because it is unsafe. I would expect the county to say "OK, we'll put the responsible parties on notice". "Responsible parties" being OLCA, I would then expect an order to OLCA to fix the road or be responsible for the costs incurred by the county to fix it. JMO
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I just want to add that while I disagree with the way the board is handling this particular problem that they inherited, I also recognize the devotion and hard work that they put in. It's a thankless job, each board deals with it in a different way, and I never seem to agree with everything they do. Their approach to road maintenance has been as good as any board before them. I hope I'm wrong about this one and they get positive results.
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They plan to go to the county with the threat of closing the road because it is unsafe.
What happens if County goes along with this plan? Considering that it's a private road connected to a State highway, County could easily say "not our kuleana" and leave it at that.
This whole "privately owned roads" thing has gone on long enough.
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quote:
Originally posted by My 2 cents
I just want to add that while I disagree with the way the board is handling this particular problem that they inherited, I also recognize the devotion and hard work that they put in. It's a thankless job, each board deals with it in a different way, and I never seem to agree with everything they do. Their approach to road maintenance has been as good as any board before them. I hope I'm wrong about this one and they get positive results.
Well said. My main objection to the whole road association fiasco is the whole taxation without representation thing. Nobody should be levied a road fee when they aren't allowed to vote for or against it, when the association has stated they will get them in collections later. So it's not even "pay to play", it's "pay to play, or lose anyway".
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"County could easily say "not our kuleana" and leave it at that."
As opposed to what they have been telling us all along?....Oh wait....
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Terracore - we talked about the voting thing before. "Can't have those non-payers voting because they may not vote the way we want them to." It's amazing how many people feel that this is just fine and dandy. You and I are in the minority. Well, the minority amongst the 60% that is allowed to have a voice.
It does raise a pertinent question though. Watamull is paying the basic MRMAs. I wonder if he is allowed to vote?
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Exactly how much are these fees that they are refusing to pay?
