(01-10-2025, 05:43 PM)HereOnThePrimalEdge Wrote: If ALL you are supposed to be paying for is road maintenance, then that should be VERY CLEAR.
This is from your OP. You ask that the road maintenance info be made clear. I asked you several times, of the HPP road fee how much is road maintenance and how much is not? Could you make that clear? Very clear? So we know what we are discussing?
So, to those of you who would like to know more, I will try my best and will add more info
Please. Do.
Specifically the question I have asked above.
In HPP there are 2 increments, Increment I and Increment II.
In HPP there are no CC&Rs or Declaration. So, unlike Ainaloa, or Leilani, HPP has no HOA and HPP is not a planned community.
In HPP There is a voluntary community association that was formed by 4 HPP owners. Members voluntarily joined this community club and funded it.
The voluntary club, HPPOA (formerly PHH) approached Watumull and Hawaii County (they sued them) because they were unhappy with the condition of the roads and wanted electric brought to the lower part of The Park.
The Watumull's settled and deeded over the easements (roads) that they owned in Increment II to HPPOA (formerly PHH). The County skipped and the courts gave them no obligation to assist in the maintenance of HPP roads "for pepetuity."
When owners in Increment II purchased their land, from David Watumull (his company was HPPC- Hawaiian Paradise Park Corporation) they also signed an agreement stating that they would pay HPPC mandatory road fees for the use and maintenance of the easements. When HPPOA (formerly PHH) were deeded the easements, their club inherited the agreement between Owners in Increment II and the road maintenance (Watumull kept a separate fund, and a road crew). Owners in Increment I were not part of this agreement. Owners in Increment I own their roads collectively each having a 1/5250th interest.
HPPOA (PHH) sued again. This time to "compel" Owners in Increment I to pay into the road fund. This lawsuit went on for decades. In fact, it was never really fully settled. However, HPPOA (PHH) was allowed to "compel" owners in Increment I to pay road fees. But HPPOA (PHH) was ordered to keep road fees and road business separate from their non-road business (the club) and they were also ordered to make, very clear, that HPP owners were not required to be HPPOA (PHH) members and that HPPOA (PHH) was supposed to inform owners of this fact.
I have simplified the above. It is much longer, messier, and more complicated. Still, the bottom line is HPPOA (PHH) inherited a contract from Watumull, regarding Increment II roads. HPPOA (PHH) prevailed in court so that they could "compel" owners (even with no contract) in Increment I to pay road fees. The ONLY fees HPP Owners (not to be confused with members) are required to pay are road maintenance fees. Nothing else.
Road maintenance fees are for road maintenance and road maintenance related costs (such as, rental of the clubhouse for meetings- THAT is "compensation").
100% of road maintenance fees are for roads.
From the "Welcome Letter" currently posted on the HPPOA website.