10-17-2024, 10:55 PM
(10-17-2024, 09:03 AM)My 2 cents Wrote: OLCA changes their website pretty much at whim, but the governing documents are a bit tougher. At the very bottom of the home page is a link to the bylaws. Here is what they say:--------
ARTICLE I — NAME, DESCRIPTION AND PURPOSESection 1. NAME.The name of the corporation shall be ORCHIDLAND COMMUNITY ASSOCIATION, INC. (hereafter known as OLCA).
Section 2. DESCRIPTION.Orchidland Community Association is a 501 © 4 non-profit corporation, organized under Hawaii Revised Statutes 414D, and is not a planned community association and does not fall under the jurisdiction of Hawaii Revised Statutes Section 421J, or any other statute pertaining to “planned” community associations or common interest developments.
This doesn’t mean that an overzealous Board of Directors won’t try to pull some shenanigans, it could even be happening right now behind our backs for all I know, but for now the bylaws are pretty clear on this. But OLCA tends to follow HPP’s lead when it suits them so I’m interested in learning more about this lawsuit. Do I understand you correctly that HPPOA adopted 421J (???) and is now being challenged in court about it? Can you point me to the easiest way to follow this?
Yep. Our board president got herself a very zealous Oahu attorney, Anna Elento-Sneed. And now they want to continue the farce that HPP is a "planned community" and that HPPOA must follow 421J law, because HPPOA can mandate assessments on HPP owners. Guess it doesn't matter that those mandates have to do with court order pertaining to easement use, not shared "common areas" (pools club house, etc.).
Here is a link to the docket. If it does not work for you, please let me know.
eCourt Kōkua - Case / Docket Search
http://jimspss1.courts.state.hi.us:8080/...arch.iface