Roads Are Easements Not Planned Communities Or HOAs

[Patricia]

This will be my one and only comment in response.

Mine too.

Having said that, after over 40 years on this island, I have found very, very few on-island attorneys that I could recommend to do a competent,  timely resolution of  matters that would seem to be straight forward. 

I agree. Oahu has some very good ones – with a Big Island presence. I'd hire Saul Goodman before I'd hire a Hilo attorney!

And to whom in OLE  would this mythical attorney who is "worth his salt" present his fee , or ask for the nuisance settlement ? 

The officers and directors of Orchidland Estates Community Association. Any legitimate lien filing, even if done in error, would require the signature of an officer of the association. Further, the fact that for a lien to be properly recorded, legal proof of service HAS to be made. Also, to record a lien, several identifying pieces of information are needed, such as property address, Tax ID number etc.

If my friends tried to obtain proof that the loan rate would have been less without the lien, how much of their time, or the attorney's 'billable hours' would it cost ? OLE could rightly claim that no material damage was done, as after everything, no new vehicle was purchased .  My friends would still be out their time while that tangle  could drag on endlessly.

If that’s the case, then what is the issue? At that point, it becomes “no harm, no foul.” 

Now, if they did buy the vehicle and suffered harm because of these supposed liens in error, a lawyer would get all the confirmation(s) needed from every source to obtain total success and recovery for his/her client. It is a long stretch to understand how a lien could be filed on a property in error with no knowledge of the property owner until a credit check is done when buying a new car.

Further, a lien filed in error would not “drag on endlessly” if concrete and immediate proof of payment is available and it’s easily proven to be a clerical error.

Much of this entire thread has spun around the lack of 'good legal representation' for the people in the subdivisions - this is but one short chapter in the on-going saga.

A majority of that is caused by the lackadaisical nature of people with respect to property/real estate/home purchases and the believing of verbal agreements, not full understanding what they are signing or buying or doing with respect to the downwind potential of legal entanglements – most of which are perceived, rarely if ever, significantly material in the overall aspect. More people scrutinize the purchase of a washer and dryer more so that they do a 500K plus home/property.

Coupled with that, is a large amount of the involved of this so-called ongoing saga, are mainland transplants hell bent on turning HPP, The Acres, OLE, Ainaloa etc., into mainland suburbia while at the same trying to consistently ram that ball down everyone else’s throat.

Coupled with that, is a large amount of the involved of this so-called ongoing saga, are mainland transplants hell bent on turning HPP, The Acres, OLE, Ainaloa etc., into mainland suburbia while at the same trying to consistently ram that ball down everyone else’s throat.

Hallelujah!

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THE TRUTH!