01-10-2025, 09:21 PM
No word salad.
As I have pointed out before, HPP's specific situation is complicated and messy. And while other substandard subdivisions in Puna, Hawaii may have their issues as well, a lot of them "lucked out," because HPP was the first court case, regarding the maintenance of (easements) in the substandard subdivisions. Still, with newer people coming in and expecting "amenities," which are not funded, there is and are going to be, more problems.
The 5% to which Mr. O refers WAS originally a 5% equipment fund, which was set-up because BEFORE HPPOA (PHH) prevailed in compelling Increment I to pay road fee money, HPPOA (PHH) was not collecting enough money from Increment II to effectively service the roads. So (remember that separate road fund and road crew?) HPPOA (the voluntary club) was having to supplement the separate road account and road crew using their voluntary club member dues. This did not make HPPOA (PHH) members happy. So, HPPOA (PHH) required the road crew (who had their own budget) to set aside 5% of all road maintenance fees collected for equipment replacement/maintenance. In addition HPPOA (PHH) made it CLEAR to the road maintenance crew that if they exceeded their budget and HPPOA (PHH) the voluntary club had to bail out the road crew using voluntary member money, then HPPOA (PHH) would require the road crew to reimburse them (compensation for the use of non-road assets).
Later, when the road crew and road budget were absorbed by HPPOA (PHH) there were still compensation issues. As the road crew seems to have owed the voluntary club money ($24,000). So, by court order, HPPOA (PHH) was allowed to recompense themselves that $24,000 and were allowed, in subsequent years, to recompense themselves, UP TO 5% of the road money collected, for any CLUB MONEY or resources (the rental of the club house) that were/are used to conduct road maintenance work.
Unfortunately, what HPPOA (PHH) began to do is siphon of ALL the 5% from road fees, every year, even though they did not use the full 5% (it doesn't cost that much to rent the clubhouse). HPPOA (PHH) did this because they could (the court would never know and most HPP owners don't know much about the court cases anyway. Hence, the "nest egg."
IF, as on Orchidland, your substandard subdivision in Puna, Hawaii has a Road Maintenance Association, THEN every penny you pay is 100% roads.
IF, as in Ainaloa, you have an HOA, your fees are allocated (so much for road maintenance, so much for other "amenities").
IF, as in HPPOA (PHH) you have a voluntary club that is collecting road fees, then HPP OWNERS pay road maintenance fees and 100% (even "compensation" for rental of the clubhouse for meetings) are paid toward road maintenance.
IF, as in HPPOA (PHH) you have a voluntary club that is collecting road fees, and if your are an owner AND HAVE ALSO AGREED TO BE A MEMBER (AFTER BEING INFORMED THAT YOU ARE NOT REQUIRED TO BE A MEMBER) THEN YOU ARE SUPPOSED TO PAY the road fees (of which 100% is supposed to go toward road maintenance activities) and VOLUNTARY MEMBERSHIP DUES IN ADDITION TO ROAD FEES. (All caps are, emphasis added).
I hope this is clear. But if not, please let me know and I will try to break it down further. As I said, it is complicated.
As I have pointed out before, HPP's specific situation is complicated and messy. And while other substandard subdivisions in Puna, Hawaii may have their issues as well, a lot of them "lucked out," because HPP was the first court case, regarding the maintenance of (easements) in the substandard subdivisions. Still, with newer people coming in and expecting "amenities," which are not funded, there is and are going to be, more problems.
The 5% to which Mr. O refers WAS originally a 5% equipment fund, which was set-up because BEFORE HPPOA (PHH) prevailed in compelling Increment I to pay road fee money, HPPOA (PHH) was not collecting enough money from Increment II to effectively service the roads. So (remember that separate road fund and road crew?) HPPOA (the voluntary club) was having to supplement the separate road account and road crew using their voluntary club member dues. This did not make HPPOA (PHH) members happy. So, HPPOA (PHH) required the road crew (who had their own budget) to set aside 5% of all road maintenance fees collected for equipment replacement/maintenance. In addition HPPOA (PHH) made it CLEAR to the road maintenance crew that if they exceeded their budget and HPPOA (PHH) the voluntary club had to bail out the road crew using voluntary member money, then HPPOA (PHH) would require the road crew to reimburse them (compensation for the use of non-road assets).
Later, when the road crew and road budget were absorbed by HPPOA (PHH) there were still compensation issues. As the road crew seems to have owed the voluntary club money ($24,000). So, by court order, HPPOA (PHH) was allowed to recompense themselves that $24,000 and were allowed, in subsequent years, to recompense themselves, UP TO 5% of the road money collected, for any CLUB MONEY or resources (the rental of the club house) that were/are used to conduct road maintenance work.
Unfortunately, what HPPOA (PHH) began to do is siphon of ALL the 5% from road fees, every year, even though they did not use the full 5% (it doesn't cost that much to rent the clubhouse). HPPOA (PHH) did this because they could (the court would never know and most HPP owners don't know much about the court cases anyway. Hence, the "nest egg."
IF, as on Orchidland, your substandard subdivision in Puna, Hawaii has a Road Maintenance Association, THEN every penny you pay is 100% roads.
IF, as in Ainaloa, you have an HOA, your fees are allocated (so much for road maintenance, so much for other "amenities").
IF, as in HPPOA (PHH) you have a voluntary club that is collecting road fees, then HPP OWNERS pay road maintenance fees and 100% (even "compensation" for rental of the clubhouse for meetings) are paid toward road maintenance.
IF, as in HPPOA (PHH) you have a voluntary club that is collecting road fees, and if your are an owner AND HAVE ALSO AGREED TO BE A MEMBER (AFTER BEING INFORMED THAT YOU ARE NOT REQUIRED TO BE A MEMBER) THEN YOU ARE SUPPOSED TO PAY the road fees (of which 100% is supposed to go toward road maintenance activities) and VOLUNTARY MEMBERSHIP DUES IN ADDITION TO ROAD FEES. (All caps are, emphasis added).
I hope this is clear. But if not, please let me know and I will try to break it down further. As I said, it is complicated.