(01-13-2025, 10:12 PM)HiloJulie Wrote: To any HPP resident who knows:
Has there ever been or is there currently any attempt at foreclosure of property/home(s) in HPP for nonpayment of mandatory road fees?
ETA: Sorry for this addition, but My2Cents posts came in before and after I posted this originally.
According to the HPPOA bylaws:
Section 5. Defaults in the Payment of Assessments. Each assessment of expenses by the Association shall be a separate, distinct and personal debt of the lot owner of record (or in the case of multiple owners of a lot, each owner jointly and severally) against whom the same is assessed. If the lot owner shall fail to pay the assessment when due, then said lot owner shall be in arrears. The Association may seek all costs and expenses including reasonable attorneys' fees incurred by or on behalf of the Association in collecting any delinquent assessments against such lot owners. Similarly, the delinquent lot owners shall be responsible for any and all costs associated with the recordation and release of liens on their respective properties. Delinquent assessments shall bear interest at a rate determined by the board, but not greater than the highest rate provided by Hawaii law. In the event of default or defaults of any lot owners, the board may enforce such obligation by filing a lien against the lot. The board may also pursue any other remedies provided by law, including, but not limited to attachment, execution on lien, foreclosure, and writ of possession.
So, let me rephrase my question to:
Has foreclosure for non-payment of road fees ever been attempted in HPP?
I believe Ted Hong did perform a foreclosure, which was conducted against several Japanese Nationals.
I spoke to the person who was the board president at the time and asked why this was done, seeing as the court order granting HPPOA to collect road fee money also bars them from foreclosure proceedings. The ex-president was unaware of the court ruling ar that time (though I would think Attorney Hong should have known about it, but maybe not).
Bottom line is, regardless of HPPOA's word salad bylaws, they are not permitted to foreclose on properties.
(01-13-2025, 10:11 PM)My 2 cents Wrote: 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.
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.
EXACTLY! Thank you. Someone finally gets it.
