01-13-2025, 10:11 PM
HiloJulie’s comments indicate that she is a bit of a stickler for contracts and agreements, and that people should be thorough in their understanding of the terms and conditions before signing anything. I totally agree, and since that is (supposed to be) the main theme of this thread that Patricia posted, it would seem like there is some pretty solid common ground here. Does anyone disagree? Anyone? Anyone?
One observation I have is that there have been several references to the HPP Bylaw that allows for a portion of the road money to be used for non-road related items. We need to keep in mind that bylaws are not laws by themselves. All bylaws need to be supported by legal foundation. If not, they are null and void. It’s in 414D, you can look it up, or you can use your common sense. Suppose we pass a bylaws change that allows for you to kill any owner of a rooster farm. While I can hear people’s wheels turning on this idea, we all know that the bylaws won’t help you at your murder trial. For a real life example, OLCA put foreclosure into their bylaws about 20 years ago. It didn’t help them a bit when it went to court.
I’m just mentioning this because this is what HPPOA will be faced with in this part of their court case. They will have to show some kind of legal foundation for their use of road money for non-road items that supports that bylaw. Maybe there’s something that I’m not aware of.
This is not about the need for mailboxes. I don’t think anyone is disputing that. It’s more about proper process, and terms and conditions being followed.
One observation I have is that there have been several references to the HPP Bylaw that allows for a portion of the road money to be used for non-road related items. We need to keep in mind that bylaws are not laws by themselves. All bylaws need to be supported by legal foundation. If not, they are null and void. It’s in 414D, you can look it up, or you can use your common sense. Suppose we pass a bylaws change that allows for you to kill any owner of a rooster farm. While I can hear people’s wheels turning on this idea, we all know that the bylaws won’t help you at your murder trial. For a real life example, OLCA put foreclosure into their bylaws about 20 years ago. It didn’t help them a bit when it went to court.
I’m just mentioning this because this is what HPPOA will be faced with in this part of their court case. They will have to show some kind of legal foundation for their use of road money for non-road items that supports that bylaw. Maybe there’s something that I’m not aware of.
This is not about the need for mailboxes. I don’t think anyone is disputing that. It’s more about proper process, and terms and conditions being followed.