06-23-2015, 01:00 PM
From mermaid:
The Bylaws driveway enforcement measures supersede the County. We are a private subdivision and the County agreed they have no jurisdiction. The County was called and they stated that all the owner has to do is call in a change of his address to the cross road. Easy peasy.
First and foremost, no subdivision bylaws can "supersede" County laws. Only State and Federal laws can do so.
When did the County agree that it has no jurisdiction? As part of the call mentioned above about the owner changing his/her address? The person on the official end of that call said what would be easiest from his/her point of view. Who was that person? What authority did s/he have to give such assurances? Was this pursued to get a formal agreement in writing? When it suits the County to do so, "the secretary will disavow all knowledge" of what was said and pursue its agenda. Remember what was going to happen to some of HPP's roads when the lava threatened to cross Rte. 130, no matter that HPP is a "private subdivision".
Third and most important, if, as hppwatchdog has stated, this property is in Increment 1, the Association does not own the rights of way. It does have responsibility for maintaining them, as a result of collecting road maintenance fees, but cannot dictate what is or is not to be done along the sides of the roads.
And where is the Road Traffic Safety Committee? It has demanded that residents remove flowers from the sides of the roads, but is turning a blind eye to large rocks? By doing so, it is courting a serious liability problem (and it smacks of hypocrisy to me).
The Bylaws driveway enforcement measures supersede the County. We are a private subdivision and the County agreed they have no jurisdiction. The County was called and they stated that all the owner has to do is call in a change of his address to the cross road. Easy peasy.
First and foremost, no subdivision bylaws can "supersede" County laws. Only State and Federal laws can do so.
When did the County agree that it has no jurisdiction? As part of the call mentioned above about the owner changing his/her address? The person on the official end of that call said what would be easiest from his/her point of view. Who was that person? What authority did s/he have to give such assurances? Was this pursued to get a formal agreement in writing? When it suits the County to do so, "the secretary will disavow all knowledge" of what was said and pursue its agenda. Remember what was going to happen to some of HPP's roads when the lava threatened to cross Rte. 130, no matter that HPP is a "private subdivision".
Third and most important, if, as hppwatchdog has stated, this property is in Increment 1, the Association does not own the rights of way. It does have responsibility for maintaining them, as a result of collecting road maintenance fees, but cannot dictate what is or is not to be done along the sides of the roads.
And where is the Road Traffic Safety Committee? It has demanded that residents remove flowers from the sides of the roads, but is turning a blind eye to large rocks? By doing so, it is courting a serious liability problem (and it smacks of hypocrisy to me).