HISTORY AS PROMISED

[My 2 cents]

My 2 cents

Instead of believing Patricia's explanation perhaps you would like to read our board's well written explanation.
You can find it here :

https://www.hppoa.net/executive-information/hrs-421j/

Thank you Obie, it’s been a while since I read those requirements.  It’s good to refresh, since I went and got myself into this discussion.

”Our legal counsel stated we are a Planned community because the Association owns the roads that are for the common good of the community, we are required to maintain those common roads and we collect dues for the costs of the road maintenance.  421-J is very clear on the definition.”

It appears to me that they missed the part where it says “all the following characteristics” not just one of them.  Patricia has already pointed to other requirements that aren’t met, but I want to point to the term “common interest community”:

"Planned community" means one of the following:

1.  Real property, other than a condominium or a cooperative housing corporation or a time share plan, that is subject to a planned community association as defined under section 607-14; or

2.  A common interest community, other than a condominium or a cooperative housing corporation or a time share plan, which includes all the following characteristics…..

So even before it has to meet those other criteria, it has to meet the definition of “common interest community”.  Here are a couple of definitions:

https://www.findlaw.com/realestate/ownin...unity.html

“A subdivision developer creates a CID by recording a subdivision plat and a set of legal governing documents…”

https://red.nv.gov/uploadedFiles/rednvgo...Manual.pdf

“The  declaration  is recorded  by  the  declarant/developer…”

For me, this has always been the easiest way to describe a planned community association.  The governing documents, charter, bylaws, etc., are all in place before the sale of the first property or unit.  It’s what makes it a common interest, everyone agrees to the same thing from the beginning.  These subdivisions were developed in 1959, Hui Hanalike was formed in 1972, OLCA in 1979.  There’s no way anyone could have been required to be a member of an association that didn’t exist, or signed an agreement that didn't exist.

That’s just my take on it.  It will be interesting to see how this plays out.  One thing for sure though, the HPP lawyers will get their cheese.