HISTORY AS PROMISED

[Patricia]

" I and my family are not members of HPPOA, but we do pay our mandatory road fee money. "

Definition from the bylaws.
"Section 9. Member. Any owner of one or more lots in Hawaiian Paradise Park."

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Aloha

You cannot enforce an illegal bylaw. 

The Hawaii courts recognized that Paradise Hui Hanalike, now HPPOA, was/is a voluntary community association. So, while the court could give Paradise Hui Hanalike (HPPOA) the authority to collect and act as the administrator of road funds, the court could not force HPP Owners to be HPPOA members- that would be a violation of a person's right to free association (a Federal Law).

The problem HPPOA had and the reason they decided to make all owners "automatic" members, is because only members (they were an elite bunch) were allowed to vote- and the court said, "No way. You cannot force owners to pay road fee money and not allow them the right to vote= ultra vires."

So, HPPOA said, "We know. We'll make every owner a member and then they can all vote."

And the court said, "Okay. But you still need to tell owners that they do not have to be members, but will still have to pay road fee money and will still have the right to vote whether they are members or not." 

But oops... Down the road HPPOA forgot about all of the above, "forgot" to tell owners about not having to be members, and illegally amended the HPPOA bylaws in 2010.

My family and I are not HPPOA members. The HPPOA board president sent me an email stating that HPPOA received our relinquishment of membership and that we are on "the non-members list." In addition, I have never been denied the right to vote- HPPOA knows they cannot force us to pay and not allow us to vote, regarding how are money is managed and spent. And the other really beautiful thing? HPPOA cannot demand that my family and I pay for or fund anything except maintenance of HPP roads.