10-22-2024, 12:35 AM
This may have no bearing on HPP's pending legal case(s), but Big Island Judge Nakamoto has ruled in a case involving a "planned community" declaration:
https://www.staradvertiser.com/2024/10/2...developer/
Since this is probably behind the SA's paywall, I will summarize the article and quote the point that relates to this thread.
In a long running back and forth in Kau, Judge Nakamoto made a summary judgement in favor of developers seeking to rejuvenate and expand the Discovery Harbour area near Punalu'u. The developer, SPIG, filed suit against the Discovery Harbor Community Association for allegedly illegally blocking the redevelopment. The judge ruled in favor of SPIG on all allegations.
The point which stood out to me as an HPP property owner was the rejected status of DHCA as a planned community under the law. From the article:
The investors further claimed DHCA didn’t meet legal requirements of a homeowners association or a planned community association, and lacked the authority to “regulate, assess fees against or interfere with SPIG’s development of the Commercial Lots.”
Nakamoto ruled in favor of SPIG and against DHCA on all allegations in its suit, and against DHCA in a counterclaim.
I looked at the DHCA website, and it seems they have been sued almost as many times as HPP. Having said that, I'm still not sure there is a real comparison between the two subdivisions' operating nuts and bolts, so this may mean nothing to HPP.
As a 22 year HPP property owner, I can only say that claiming HPP to be a "planned community" is ridiculous on either an organizational or philosophical basis. And we will see (hopefully soon) if it is such on a legal basis.
https://www.staradvertiser.com/2024/10/2...developer/
Since this is probably behind the SA's paywall, I will summarize the article and quote the point that relates to this thread.
In a long running back and forth in Kau, Judge Nakamoto made a summary judgement in favor of developers seeking to rejuvenate and expand the Discovery Harbour area near Punalu'u. The developer, SPIG, filed suit against the Discovery Harbor Community Association for allegedly illegally blocking the redevelopment. The judge ruled in favor of SPIG on all allegations.
The point which stood out to me as an HPP property owner was the rejected status of DHCA as a planned community under the law. From the article:
The investors further claimed DHCA didn’t meet legal requirements of a homeowners association or a planned community association, and lacked the authority to “regulate, assess fees against or interfere with SPIG’s development of the Commercial Lots.”
Nakamoto ruled in favor of SPIG and against DHCA on all allegations in its suit, and against DHCA in a counterclaim.
I looked at the DHCA website, and it seems they have been sued almost as many times as HPP. Having said that, I'm still not sure there is a real comparison between the two subdivisions' operating nuts and bolts, so this may mean nothing to HPP.
As a 22 year HPP property owner, I can only say that claiming HPP to be a "planned community" is ridiculous on either an organizational or philosophical basis. And we will see (hopefully soon) if it is such on a legal basis.